ISSN 1977-0677 |
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Official Journal of the European Union |
L 339 |
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English edition |
Legislation |
Volume 64 |
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(1) Text with EEA relevance. |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
I Legislative acts
REGULATIONS
24.9.2021 |
EN |
Official Journal of the European Union |
L 339/1 |
REGULATION (EU) 2021/1701 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 21 September 2021
amending Regulation (EU) 2020/2222 to extend the period of validity of safety certificates and licences of railway undertakings operating through the Channel Fixed Link
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
After consulting the European Economic and Social Committee,
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
In order to ensure connectivity between the Union and the United Kingdom of Great Britain and Northern Ireland (the ‘United Kingdom’) after the end of the transition period referred to in Article 126 of the Agreement on the withdrawal of the United Kingdom from the European Union and the European Atomic Energy Community (2), as well as the continuity of the operations of the railway undertakings established and licensed in the United Kingdom which operate through the Channel Fixed Link, Regulation (EU) 2020/2222 of the European Parliament and of the Council (3) has extended until 30 September 2021 the period of validity of the licences issued by the United Kingdom under Directive 2012/34/EU of the European Parliament and of the Council (4) to railway undertakings established in its territory, as well as that of the safety certificates issued to those undertakings under Directive 2004/49/EC of the European Parliament and of the Council (5) by the Intergovernmental Commission established pursuant to Article 10 of the Treaty between the United Kingdom of Great Britain and Northern Ireland and the French Republic concerning the construction and operation by private concessionaires of a Channel fixed link, signed at Canterbury on 12 February 1986 (the ‘Treaty of Canterbury’). |
(2) |
Decision (EU) 2020/1531 of the European Parliament and of the Council (6) empowers France and the United Kingdom to conclude an international agreement supplementing the Treaty of Canterbury as regards the application of railway safety rules within the Channel Fixed Link. However, that agreement has not been concluded yet nor is it likely to be concluded soon. |
(3) |
In those circumstances, France is negotiating with the United Kingdom a cross-border agreement pursuant to Article 14 of Directive 2012/34/EU regarding safety certificates. France has already negotiated such an agreement regarding licences of railway undertakings, as notified to the Commission on 1 June 2021 and as authorised by the Commission on 20 August 2021. The internal procedures required under the laws of France and the United Kingdom for the provisional application or entry into force of those agreements are expected to take six months to complete after the expiry, on 30 September 2021, of the measures provided for in Regulation (EU) 2020/2222. |
(4) |
Unless the period of validity of the licences and safety certificates is extended so as to allow for the cross-border agreement regarding safety certificates to be negotiated, subject to the assessment to be made and the implementing decision to be adopted by the Commission pursuant to Article 14 of Directive 2012/34/EU, and for the cross-border agreement regarding safety certificates and the cross-border agreement regarding licences to be provisionally applied or concluded, operations of the railway undertakings concerned through the Channel Fixed Link will come to a halt on 30 September 2021. This would cause significant disruption in the transport of passengers and freight between the Union and the United Kingdom. |
(5) |
It is therefore in the Union’s interest to extend the period of validity of those certificates and licences until 31 March 2022 by amending Regulation (EU) 2020/2222. |
(6) |
In view of the urgency entailed by the expiry of the measures provided for in Regulation (EU) 2020/2222, it is appropriate to provide for an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community. |
(7) |
Since the objective of this Regulation, namely to extend the period of validity of safety certificates and licences of railway undertakings operating through the Channel Fixed Link beyond the end of the transition period, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
(8) |
In order to enable the measures provided for in this Regulation to be applied promptly, this Regulation should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union, |
HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EU) 2020/2222 is amended as follows:
(1) |
Article 3 is amended as follows:
|
(2) |
in Article 8, paragraph 3 is replaced by the following: ‘3. This Regulation shall cease to apply on 31 March 2022.’. |
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 September 2021.
For the European Parliament
The President
D. M. SASSOLI
For the Council
The President
G. DOVŽAN
(1) Position of the European Parliament of 15 September 2021 (not yet published in the Official Journal) and decision of the Council of 21 September 2021.
(2) Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ L 29, 31.1.2020, p. 7).
(3) Regulation (EU) 2020/2222 of the European Parliament and of the Council of 23 December 2020 on certain aspects of railway safety and connectivity with regard to the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link (OJ L 437, 28.12.2020, p. 43).
(4) Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ L 343, 14.12.2012, p. 32).
(5) Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (OJ L 164, 30.4.2004, p. 44).
(6) Decision (EU) 2020/1531 of the European Parliament and of the Council of 21 October 2020 empowering France to negotiate, sign and conclude an international agreement supplementing the Treaty between France and the United Kingdom of Great Britain and Northern Ireland concerning the Construction and Operation by Private Concessionaires of a Channel Fixed Link (OJ L 352, 22.10.2020, p. 4).
II Non-legislative acts
REGULATIONS
24.9.2021 |
EN |
Official Journal of the European Union |
L 339/4 |
COMMISSION DELEGATED REGULATION (EU) 2021/1702
of 12 July 2021
supplementing Regulation (EU) 2021/523 of the European Parliament and of the Council by setting out additional elements and detailed rules for the InvestEU Scoreboard
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (1), and in particular Article 22(4) thereof,
Whereas:
(1) |
The proposals for financing and investment operations submitted by implementing partners for coverage by the EU guarantee under the InvestEU Fund are to be assessed by the Investment Committee pursuant to Article 22(1) of Regulation (EU) 2021/523. |
(2) |
The Investment Committee is to carry out its assessment and verification of the proposed financing and investment operations by reference to a scoreboard of indicators, filled out by the implementing partners pursuant to Article 22(2), which aims at ensuring an independent, transparent and harmonised evaluation of the proposals. |
(3) |
Pursuant to Article 22(3) of Regulation (EU) 2021/523, the scoreboard of indicators consists of the following seven pillars.: the contribution of the operation to EU policy objectives, the description of additionality, the market failure or sub-optimal investment situation addressed by the operation, the financial and technical contribution by the implementing partner, the impact of the operation, the financial profile of the operation and the complementary indicators. |
(4) |
In order to ensure that the Investment Committee is able to carry out an independent, transparent and harmonised assessment of requests for the use of the EU guarantee the different elements, indicators and sub-indicators to be provided for each pillar, as well as the scoring criteria and the relevant weightings to be used by the implementing partners when assessing the proposed financing or investment operations, should be established. |
(5) |
In order to allow for the prompt application of the measures provided for in this Regulation, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union, |
HAS ADOPTED THIS REGULATION:
Article 1
The detailed rules which implementing partners shall use to fill in the scoreboard of indicators referred to in Article 22 of Regulation (EU) 2021/523, to enable the Investment Committee of the InvestEU Fund to carry out an independent, transparent and harmonised assessment of the requests for the use of the EU guarantee, are set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 July 2021.
For the Commission
The President
Ursula VON DER LEYEN
ANNEX
1. General principles
A scoreboard of indicators (the ‘InvestEU Scoreboard’) shall be used by the Investment Committee established in accordance with Article 24 of Regulation (EU) 2021/523 of the European Parliament and of the Council (1) (the ‘InvestEU Regulation’) to assess the financing and investment operations proposed by the implementing partners for coverage under the EU guarantee. As part of the examination referred to in Article 24(1) and in accordance with Article 24(4) of the InvestEU Regulation, the Investment Committee shall use the InvestEU Scoreboard to carry out an independent, transparent and harmonised assessment of requests for the use of the EU guarantee for financing and investment operations proposed by implementing partners.
The InvestEU Scoreboard shall be filled out by the implementing partner submitting a proposal for a financing or investment operation (2), including Framework Operations (3), to the Investment Committee. The level of detail to be presented for each of the pillars will differ between individual financing and investment operations and Framework Operations. In the case of the latter, overall estimations can be provided, such as type of financial intermediaries, estimated number and type of final recipients, average sizes of financing to be provided to final recipients, and estimated impact of the framework operation.
1.1. Content of the InvestEU Scoreboard
Pursuant to Article 22(3) of the InvestEU Regulation, the InvestEU Scoreboard shall cover the following elements:
(a) |
presentation of the financing or investment operation, which will include its name, the final recipient for direct operations or, for intermediated operations, the financial intermediary (-ies) (if known, the name of the financial intermediary; if not, at least the type), the country (-ies) of implementation and a short description of the financing or investment operation; |
(b) |
pillar 1 – contribution of the financing or investment operation to EU policy objectives; |
(c) |
pillar 2 – description of the additionality of the financing or investment operation; |
(d) |
pillar 3 – market failure or sub-optimal investment situation addressed by the financing or investment operation; |
(e) |
pillar 4 – financial and technical contribution by the implementing partner; |
(f) |
pillar 5 – impact of the financing or investment operation; |
(g) |
pillar 6 – financial profile of the financing or investment operation; |
(h) |
pillar 7 – complementary indicators. |
1.2. Assessment of the pillars
Each financing or investment operation submitted to the Investment Committee shall be scored by the implementing partner on pillars 3, 4, and 5, and assessed through unscored qualitative or quantitative indicators on pillars 1, 2, 6 and 7.
The scoring of pillars 3, 4, and 5 shall use the following scale. The same scale shall be used for scored indicators and sub-indicators.
Points |
Score |
1 |
Fair |
2 |
Good |
3 |
Very good |
4 |
Excellent |
Due to the nature of their scope, each scored pillar shall be assessed individually without aggregation into one single score. Where the pillars are assessed through specific indicators and sub-indicators, the weighting of those indicators and sub-indicators shall be taken into account when calculating the score of the relevant pillar (by multiplying the relevant number of points by the relevant weighting) (4).
Implementing partners shall provide a rationale justifying each score given, based on the method described in the relevant Appendix and on other relevant elements included in the InvestEU Regulation, in the investment guidelines (5), in Commission guidance documents such as the sustainability proofing guidance (6) and the climate and environmental tracking methodology (7).
The Investment Committee shall give equal importance to each pillar when assessing financing or investment operations, irrespective of whether the individual pillar presents a numerical score or whether it is composed of unscored qualitative and quantitative indicators.
In accordance with Article 24(4) of the InvestEU Regulation, the assessment provided by the implementing partner shall not be binding on the Investment Committee.
1.3. Publication of the InvestEU Scoreboard
In accordance with Article 24(5) of the InvestEU Regulation, the relevant InvestEU Scoreboard shall be published on the InvestEU website after the signature of the corresponding financing or investment operation between the implementing partner and the financial intermediary or the final recipient, as applicable. In case of Framework Operations, the InvestEU Scoreboard shall be published after the signature of the first sub-project.
When submitting the request for coverage under the EU guarantee to the Investment Committee, the implementing partner shall submit the InvestEU Scoreboard with complete information on all the pillars. The InvestEU Scoreboard must contain a justification of the assessment in accordance with pillars 1 to 6 including the relevant indicators and the indicators in pillar 7. Therefore, the InvestEU Scoreboard submitted to the Investment Committee may contain commercially sensitive or confidential information that cannot be published.
At latest 10 business days after the date of the signature of the financing or investment operation, or of the first sub-project in case of Framework Operations, the implementing partner shall submit a public version of the InvestEU Scoreboard to the Investment Committee secretariat containing a narrative covering pillars 1 to 5 and the indicators in pillar 7, which shall be published. This public version of the InvestEU Scoreboard shall not include any commercially sensitive or confidential information. As the financial profile of the financing or investment operation contains commercially sensitive information, no information on pillar 6 has to be provided in the public version of the InvestEU Scoreboard.
2. The InvestEU Scoreboard
2.1. Pillar 1 – Contribution of the financing or investment operation to EU policy objectives
Under pillar 1, the implementing partner shall present the extent to which the financing or investment operation contributes to the eligible areas under InvestEU, in accordance with Annex II of the InvestEU Regulation, the investment guidelines and the conditions of the relevant financial product. As regards the Member State compartment within the meaning of Articles 9 and 10 of the InvestEU Regulation, the assessment shall include the policy objectives set out in the relevant contribution agreement.
Financing and investment operations must fall at least in one eligible area under the appropriate policy window of the relevant financial product.
2.2. Pillar 2 – Description of the additionality of the financing or investment operation
Under pillar 2, the implementing partner shall present the main arguments explaining why the financing or investment operation is additional to private sources or to existing support from other public sources, or to both. The implementing partner shall, in particular, demonstrate that the financing or investment operation complies with at least one of the features listed in points (a) to (f) of the second paragraph of Annex V.A.2 of the InvestEU Regulation (see Appendix 1).
2.3. Pillar 3 – Market failure or sub-optimal investment situation addressed by the financing or investment operation
Under pillar 3, the implementing partner shall present the market failure(s) and sub-optimal investment situation(s) that the financing or investment operation addresses. Each financing or investment operation shall address at least one of the features set out in points (a) to (f) of Annex V.A.1 of the InvestEU Regulation. The implementing partner shall identify the feature(s) which the financing or investment operation complies with and include the corresponding justification (see Appendix 2).
On the basis of those identified features, the implementing partner shall assess to what extent the financing or investment operation addresses sub-optimal investment situations and investment gaps resulting from market failures. Implementing partners shall score this pillar in accordance with the scoring criteria set out in Appendix 2. Operations addressing only one market failure or sub-optimal investment situation would have a score corresponding to ‘Fair’, while operations addressing additional market failures or sub-optimal investment situations would move up additional points. Moreover, financing and investment operations addressing only one market failure shall receive additional points depending on the significance of the market failure they are tackling and/or of their focus on specific policy priorities as described in Appendix 2, Tables 1 and 2.
2.4. Pillar 4 – Financial and technical contribution by the implementing partner
Pillar 4 focuses on the value added by the involvement of the implementing partner, offering financial and technical benefits to the financing or investment operation. The total score of pillar 4 shall be based on the individual scores of the underlying indicators, as described in Appendix 3. A different approach is outlined for financing and investment operations consisting of direct financing and of intermediated financing.
Pillar 4 is assessed using the indicators as outlined below.
1. |
the financial benefits generated by the intervention of the implementing partner (direct financing weight: 12,5 %; intermediated financing: weight 35 %). This refers to financial benefits that the intervention of the implementing partner brings in relation with its counterparty such as lower interest rates; |
2. |
longer maturity for the financing provided to final recipients (only for direct financing weight: 25 %). This refers to the tenor for which the financing is made available to the final recipient; |
3. |
other benefits generated for final recipients (only for direct financing weight: 12,5 %;). This refers to other benefits such as grace periods, more flexibility of draw-downs, possibility to revise interest rates, contributing to the diversification of financing sources for final recipients; |
4. |
crowding-in of other investors and signalling effect (direct financing weight: 25 %; intermediated financing weight: 40 %): this refers to the catalytic role of the implementing partner in mobilising other private or public investors and signaling effect in the market; |
5. |
financial advice and/or structuring expertise (for both direct and intermediated financing weight: 12,5 %): this covers all dimensions of the financial advisory/structuring expertise provided by the implementing partner (including in its capacity as an advisory partner under the Invest EU Advisory Hub). This includes the upstream involvement of advisory services, the implementing partner in-house expertise contributing to improving the financial structure of a financing or investment operation during preparation or implementation, including through innovative financing structures, if applicable; |
6. |
technical advice and contribution (for both direct and intermediated financing weight: 12,5 %): all dimensions of the technical advice provided by the implementing partner (including in its capacity as an advisory partner under the Invest EU Advisory Hub). This includes the upstream involvement of advisory services, the involvement of external technical assistance financed and/or supervised by the implementing partner, and the implementing partner in-house expertise contributing to improving a financing or investment operation, including its investability and the materialisation of the investments/projects/financings. |
2.5. Pillar 5 – The impact of the financing or investment operation
The total score of this pillar shall be based on the individual scores of the underlying indicators and sub-indicators, as described in Appendix 4 below. A different approach is outlined for financing and investment operations consisting of direct financing and of intermediated financing.
2.5.1.
The dimensions and resulting indicators and sub-indicators outlined below shall be applied.
1. |
Economic and growth impact: this indicator shall reflect the contribution of a financing or investment operation to the economic activity and its sustainable growth in terms of socioeconomic costs and benefits. The score assigned to this indicator shall be based on the financing or investment operation’s economic rate of return (‘ERR’) calculated by the implementing partner (8).
The ERR is quantified using best practice in economic appraisal. It considers the financing or investment operation’s socioeconomic costs and benefits, including its spill-over effects (e.g. positive effects of research, development and innovation, long-term climate benefits, impacts on the labour market, and/or positive and negative environmental effects). However, there are also projects whose ERR might be difficult to estimate, or economic appraisal methods that do not necessarily warrant a numeric ERR result (e.g. multi-criteria analysis). A number of sectors are driven by compliance with Union standards and the primary focus of the assessment may be to ensure that a least cost solution is adopted for meeting these objectives (e.g. water and waste treatment). When the ERR is not quantifiable, the scoring of this indicator may be based on a justified qualitative assessment of the project’s socioeconomic costs and benefits (9), and its expected impacts on the economic activity and on sustainable growth. This qualitative assessment should be coupled with an analysis of suitability of both investment and operational costs to achieve the expected objectives, possibly through a least cost analysis and benchmarking with comparable investments. This indicator shall account for [40 %] of the total score of this pillar. |
2. |
Employment impact: this indicator shall reflect the expected contribution of the financing or investment operation in terms of jobs created or supported during the financing or investment operation’s lifetime, taking into account the amount of finance provided by the financing or investment operation. The implementing partner shall also comment on the gender composition of the final recipient (in particular in decision-making roles).
This indicator shall account for [15 %] of the total score of this pillar. |
3. |
Sustainability proofing aspects: this indicator shall reflect the results of the sustainability proofing (10) checks and assessments, as applicable, including:
The sustainability proofing indicator shall account for [45 %] of the total score of this pillar and shall be based on the scores of the following underlying sub-indicators weighted as indicated therein, including additional points, indicated therein, which may be granted as a bonus in case the project promoter, in cooperation with the implementing partner, agrees to engage in the positive agenda as described in the sustainability proofing guidance:
|
More detailed information on the scoring criteria concerning the sustainability proofing aspects set out in point 3 is presented in Appendix 4, Table 2.
For projects for which, based on the provisions of the sustainability proofing guidance, no impact requiring further assessment is identified for a specific sub-indicator, it is considered that the scoring for the ‘sustainability proofing aspects’ indicator is ‘Good’ as long as compliance with relevant legal requirements is ensured and the justification for not undergoing proofing is presented to the Investment Committee. Additional points may be added in case positive impacts are clearly identified or voluntary measures to increase the sustainability performance are undertaken.
For the sub-indicators under the ‘sustainability proofing aspects’, an equivalent system of the implementing partner may be agreed in the guarantee agreement.
2.5.2.
This pillar will provide an assessment of the impact of the corresponding financing or investment operation on access to finance and improving financing conditions for final recipients. The assessment shall be based on the following indicators and sub-indicators:
1. |
Increasing access to finance and improving financing conditions for final recipients: this indicator shall reflect the following aspects:
This indicator shall account for [80 %] of the total score of pillar 5. |
2. |
Employment impact: this indicator shall be based on the employment expected to be supported at the final recipient level, for each EUR million of the financing provided by the financing or investment operation. This indicator shall account for [20 %] of the total score of pillar 5. |
2.6. Pillar 6 – Financial profile of the financing or investment operation
The financial profile of the financing or investment operation shall be assessed based on relevant risk metrics such as Expected Loss (EL), range of EL under the financial product to which the financing or investment operation belongs, transfer rate, expected Internal Rate of Return (IRR) and rating of the counterparty or other quantitative information on risk aspects in line with the financial criteria as defined for each financial product in the guarantee agreement (see Appendix 5). In case such risk metrics are not available regarding the financial criteria as defined for each financial product in the guarantee agreement, a qualitative assessment of how the financing or investment operation fits into the envisaged overall portfolio supported under the InvestEU financial product shall be provided.
2.7. Pillar 7 – Complementary indicators
This pillar includes a list of compulsory indicators (see Appendix 6), which are not scored.
The list of compulsory indicators shall comprise operation-specific indicators, which allow the Investment Committee to have some additional detailed information on specific aspects of the financing or investment operation, such as the investment mobilised, the multiplier effect and other relevant operation-specific indicators determined by the relevant financial product.
The list may also include Member State compartment indicators, if agreed between the Member State and the Commission under the contribution agreement and transposed into the relevant guarantee agreement with the implementing partner.
In case of intermediated financing, the implementing partner has to provide information on the ESG aspects (14), as applicable (15). This indicator shall reflect the streamlining of ESG aspects by financial intermediaries in their activity. The implementing partner shall verify if the financial intermediary has an environmental and social management system (or equivalent) in place proportionate to the sustainability (16) risk profile of its portfolio/s. The implementing partner shall briefly describe the level of checks done at the level of the financial intermediary and if the environmental and social management system is considered adequate for the level of the sustainability risk of its portfolio (in line with the requirements of chapter 3 of the sustainability proofing guidance). It shall also indicate if gaps were identified and if the intermediary was required to remedy those gaps, as applicable.
(1) Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30).
(2) As defined in Article 2(10) of the InvestEU Regulation.
(3) Means a facility, programme or structure which has underlying sub-projects within the meaning of Article 24(6) of the InvestEU Regulation. For the avoidance of doubt, any reference in this document to financing or investment operation includes Framework Operations.
(4) General rounding rules should apply when aggregating the scores of sub-indicators. Rounding should be made based on two decimals to the nearest whole number: Fair (1): 1,00 ≤ x ≤ 1,50; Good (2): 1,51 ≤ x ≤ 2,50; Very good (3): 2,51 ≤ x ≤ 3,50; Excellent (4): 3,51 ≤ x ≤ 4,00.
(5) Commission Delegated Regulation (EU) 2021/1078 of 14 April 2021 supplementing Regulation (EU) 2021/523 of the European Parliament and of the Council by setting out the investment guidelines for the InvestEU Fund (OJ L 234, 2.7.2021, p. 18).
(6) Commission Notice on Technical guidance on sustainability proofing for the InvestEU Fund (C(2021) 2632 final) (OJ C 280, 13.7.2021, p. 1).
(7) Commission Notice on the InvestEU Programme climate and environmental tracking guidance (C(2021) 3316 final).
(8) In accordance with the implementing partner’s own methodology. If the implementing partner has no methodology in place, relevant references included in the sustainability proofing guidance shall be used to guide the analysis. The methodology used for the calculation of the ERR shall be consistent with internationally accepted good practice. The implementing partner shall provide clear justification of the underlying assumptions used for calculating the ERR, including the benefits considered and the unit values used for their monetisation.
(9) Among the reference documents described in the sustainability proofing guidance, the Commission’s CBA guide and the upcoming Economic Appraisal Vademecum both provide indications of typical costs and benefits for a number of sectors. The implementing partner may also use alternative international recognised methodologies.
(10) In line with the provisions of the sustainability proofing guidance.
(11) Not performed on a voluntary basis as described in following point on the ‘Voluntary positive agenda’.
(12) See footnote 10.
(13) See footnote 10.
(14) In line with the provisions of the sustainability proofing guidance
(15) In case of framework operation, if available at the moment of submission.
(16) As defined in the sustainability proofing guidance.
APPENDIX 1
Pillar 2 – Description of the additionality of the financing or investment operation
To demonstrate that the financing and investment operations benefitting from the EU guarantee are additional to the existing market and other public support, the implementing partners shall provide information that demonstrates at least one of the following features:
(a) |
support provided through subordinated positions in relation to other public or private lenders or within the funding structure; |
(b) |
support provided through equity and quasi-equity or through debt with long tenors, pricing, collateral requirements or other conditions not sufficiently available on the market or from other public sources; |
(c) |
support to operations that carry a higher risk profile than the risk generally accepted by the implementing partner’s own standard activities or support to implementing partners in exceeding own capacity to support such operations; |
(d) |
participation in risk-sharing mechanisms targeting policy areas that exposes the implementing partner to higher risk levels compared to the levels generally accepted by the implementing partner or that private financial actors are able or willing to accept; |
(e) |
support that catalyses/crowds in additional private or public financing and is complementary to other private and commercial sources, in particular from traditionally risk-averse investor classes or institutional investors, as a result of the signalling effect of the support provided under the InvestEU Fund; |
(f) |
support provided through financial products not available or not offered to a sufficient level in the targeted countries or regions due to missing, underdeveloped or incomplete markets. |
For intermediated financing and investment operations, in particular for SME support, additionality shall be verified at the level of the intermediary rather than at the level of the final recipient. Additionality shall be deemed to exist when InvestEU Fund supports a financial intermediary in setting up a new portfolio with a higher level of risk or increasing the volume of activities that are already highly risky as compared with the risk levels that private and public financial actors are currently able or willing to accept in the targeted countries or regions.
APPENDIX 2
Pillar 3 – Market failure or sub-optimal investment situation addressed by the financing or investment operation
Substantiated description of the market failure or sub-optimal investment situation addressed by the financing or investment operation on the basis of the requirements set out in Annex V.A.1 of the InvestEU Regulation presented in points (a) to (f) of the second paragraph.
To address market failures or sub-optimal investment situations as referred to in point (a) of Article 209(2) of the Financial Regulation (1), the investments targeted by the financing and investment operations shall include one of following features:
(a) |
have the nature of a public good for which the operator or company cannot capture sufficient financial benefits (such as education and skills, healthcare and accessibility, security and defence, and infrastructure available at no or negligible cost); |
(b) |
externalities which the operator or company generally fails to internalise, such as R & D investment, energy efficiency, climate or environmental protection; |
(c) |
information asymmetries, in particular in case of SMEs and small mid-cap companies, including higher risk levels related to early stage firms, firms with mainly intangible assets or insufficient collateral, or firms focusing on higher risk activities; |
(d) |
cross-border infrastructure projects and related services or funds that invest on a cross-border basis to address the fragmentation of the internal market and to enhance coordination within the internal market; |
(e) |
exposure to higher levels of risks in certain sectors, countries or regions beyond levels that private financial actors are able or willing to accept, including where the investment would not have been undertaken or would not have been undertaken to the same extent because of its novelty or because of risks associated with innovation or unproven technology; |
(f) |
new or complex market failures or sub-optimal investment situations in accordance with point (a)(iii) of Article 9(1) of the InvestEU Regulation. Table 1 Pillar 3 – All financing and investment operations except for intermediated financing for SMEs and small mid-caps
Table 2 Pillar 3 – Intermediated financing for SMEs and small mid-caps Intermediated financing targeting SMEs and small mid-caps shall receive one point. If the financing is located in countries where the majority of allocations (> 50 % of the financing or investment operation) are expected in Cohesion or Just Transition areas (2), or, for financing and investment operations targeting specifically research and innovation policy priorities in moderate and emerging innovator EU Member States (3), the financing or investment operation shall be upgraded one point. Additional points shall be granted if the financing or investment operation focuses on vulnerable/constrained segments of the SME ecosystem (micro, social enterprises, impact-driven enterprises, start-ups or young companies, female-owned/-run companies, companies run by vulnerable/disadvantaged groups, young farmers, etc.) or targets additional policy priorities (sustainability, research and innovation, skills, education and training, digitalisation, investment in rural areas, cultural and creative sectors). The final score corresponds to the sum of points received under A, B, C, and D as described below.
|
(1) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
(2) In the case of Framework Operations the criterion should be verified at aggregate level.
(3) For reference on Moderate and Emerging Innovator EU Member States please see the European Innovation Scoreboard at https://ec.europa.eu/growth/industry/policy/innovation/scoreboards_en
APPENDIX 3
Pillar 4 – Financial and technical contribution by the implementing partner
Table 1
Direct financing
Indicators |
Fair (= 1) |
Good (= 2) |
Very good (= 3) |
Excellent (= 4) |
||||||||||||||||||||||
|
FVA (1) <= 5 bps |
5 bps < FVA<= 30 bps |
30 bps < FVA <= 100 bps |
FVA > 100 bps |
||||||||||||||||||||||
Any other financing or investment operation not listed in the following sections. |
Senior tranches. |
Subordinated loans, mezzanine tranches, hybrid bonds, contingent loans and guarantee products. |
Equity and quasi-equity operations. |
|||||||||||||||||||||||
|
The final recipient regularly raises funds at similar maturities or the extension of the tenor is less than 30 %. |
The final recipient could readily raise funds at similar maturities or extension of the tenor is between 30 % and 49 %. |
The final recipient could, with some difficulty, raise funds at similar maturities or extension of the tenor is between 50 % and 99 %. |
The final recipient is unable to raise funds at similar maturities or extension of the tenor is 100 % or more. |
||||||||||||||||||||||
|
Scoring elements applicable:
|
|
||||||||||||||||||||||||
None of the above elements are applicable. |
One or two of the above elements are applicable. |
Three to four of the above elements are applicable. |
At least five of the above elements are applicable. |
|||||||||||||||||||||||
|
The involvement of the implementing partner in the financing or investment operation is not expected to have: (i) catalytic effect on attracting other co-financiers/guarantors/investors. (e.g. IP co-finances with borrower’s own funds only); and/or (ii) any signalling effect in the respective market. |
The involvement of the implementing partner in the financing or investment operation is expected to have some impact on mobilising other co-financiers/guarantors/investors and signalling that the operation/investments are expected to be sound and worth supporting, thereby facilitating the full financing and implementation. |
The involvement of the implementing partner in the financing or investment operation is expected to have a significant impact on other financiers’/guarantors’/investors’ decision to commit to or to co-invest alongside the operation, thus having a strong catalytic effect. This includes situations whereby the implementing partner has been instrumental in combining its funding with third party grants or other forms of external support for specific projects/programmes. |
The involvement of the implementing partner in the financing or investment operation is expected to be key for the materialisation of the operation and/or achieving targeted financing level (without the IP, the project is not likely to go ahead or not with the same speed or size). This includes e.g. i) implementing partner taking the role of corner stone investor, ii) the combination of the loans by the implementing partner with third party public and/or private resources. |
||||||||||||||||||||||
|
The financial structuring expertise of the implementing partner is not required, and the involvement of the implementing partner is expected to be marginal. Origination of the investment does not benefit from the expertise of the implementing partner. |
The financial structuring expertise of the implementing partner is expected to have a positive impact on the financing structure of the investment and is expected to be of value to the counterparty, and/or origination of the investment is expected to benefit from the expertise of the implementing partner. |
The financial structuring expertise of the implementing partner is expected to have a significant impact on the financing structure of the investment and is expected to be of significant value to the counterparty (e.g. through accelerating financial close or applying standardised structures, etc.) and/or origination of the investment is expected to benefit from the expertise of the implementing partner. |
The contribution of the implementing partner with its financial structuring expertise is expected to be innovative and to have a high value to the counterparty (e.g. through accelerating financial close significantly or applying standardised structures to complex cases, technical assistance or advisory support for the financial structuring of the operation, financial sector experts, etc.). |
||||||||||||||||||||||
|
The technical expertise and/or advisory services of the implementing partner were not needed by the final recipient. |
The technical advice of the implementing partner ensures the quality of the investment through project-specific disbursement conditions, ad-hoc interventions (e.g. monitoring missions to ensure compliance with disbursement conditions). OR Annual project progress reports. |
The implementing partner supports the technical preparation or structuring of the financing or investment operation to align it better with the policy objectives. OR Targeted inputs (technical, economic, procurement, climate, environment, social), and valuable guidance on project features or design options, regular interventions (e.g. monitoring missions to ensure compliance with standards). OR Targeted monitoring (procurement, climate, environment, social). |
The implementing partner supports the technical preparation or structuring of the financing or investment operation to align it fully with the policy objectives. OR The implementing partner’s technical support has a major impact on the technical or economic quality of the investment, notably through specific technical assistance or advisory support provided. OR Significant physical monitoring, such as for complex projects or high-risk projects. |
Table 2
Intermediated financing
Indicators |
Fair (= 1) |
Good (= 2) |
Very good (= 3) |
Excellent (= 4) |
||
|
Any other financing or investment operation not listed in the following sections. |
Senior tranches. |
Subordinated loans, mezzanine tranches, hybrid bonds, contingent loans and guarantee products. |
Equity and quasi-equity operations. |
||
|
The involvement of the implementing partner in the financing or investment operation is not expected to have: (i) catalytic effect on attracting other co-financiers/guarantors/investors. (e.g. IP co-finances with borrower’s own funds only); and/or (ii) any signalling effect in the respective market. |
The involvement of the implementing partner in the financing or investment operation is expected to have some impact on mobilising other co-financiers/guarantors/investors and signalling that the investments are expected to be sound and worth supporting, thereby facilitating the full financing and implementation. |
The involvement of the implementing partner in the financing or investment operation is expected to have a significant impact on other financiers’/guarantors’/investors’ decision to commit to or to co-invest alongside the operation, thus having a strong catalytic effect. This includes situations whereby the implementing partner has been instrumental in combining its funding with third party grants or other forms of external support for specific projects/programmes. |
The involvement of the implementing partner in the financing or investment operation is expected to be key for the materialisation of the operation and/or achieving targeted financing level. This includes e.g. (i) implementing partner taking the role of corner stone investor; (ii) the combination of the loans by the implementing partner with third party public and/or private resources. |
||
|
The financial structuring expertise of the implementing partner is not required, and the involvement of the implementing partner is expected to be marginal. Origination of the investment does not benefit from the expertise of the implementing partner. |
The financial structuring expertise of the implementing partner is expected to have a positive impact on the financing structure of the investment and is expected to be of value to the counterparty, and/or origination of the investment is expected to benefit from the expertise of the implementing partner. |
The financial structuring expertise of the implementing partner is expected to have a significant impact on the financing structure of the investment and is expected to be of significant value to the counterparty (e.g. through accelerating financial close or applying standardised structures, etc.) and/or origination of the investment is expected to benefit from the expertise of the implementing partner. |
The contribution of the implementing partner with its financial structuring expertise is expected to be innovative and to have a high value to the counterparty (e.g. through accelerating financial close significantly or applying standardised structures to complex cases, technical assistance or advisory support for the financial structuring of the operation, financial sector experts, etc.). |
||
|
The implementing partner is not expected to provide any technical advice or capacity building to the intermediary. |
The implementing partner is expected to set particular conditions related to the implementation of the underlying transactions and provides advice to the intermediary to select them or expects that advice in the implementation of the criteria related to the financing or investment operation will be needed by the intermediary. |
The implementing partner expects to participate in the technical assistance or training provided to the intermediary in order to improve its performance or capacity to meet requirements (e.g. on reporting, eligibility, sustainability aspects and procurement standards). The assistance is expected to go beyond the standard due diligence of the IP at appraisal stage. |
Extensive technical assistance or advice is expected to be provided to support the intermediary to develop business segments of particular impact as reflected in InvestEU policy areas. The assistance is expected to go beyond the standard due diligence of the IP at appraisal stage. |
(1) FVA = financial value added. It represents the difference between the closest market alternative (alternative funding cost) to the final recipient and the price of the loan provided by the implementing partner. The final recipient’s alternative funding cost may be determined by direct reference to a liquid bond or recently signed loan from the same issuer for a duration similar to that of the loan provided by the implementing partner. In co-financings, the most relevant comparison is the parallel commercial facility, provided that the price is known and that the structures are reasonably comparable. Alternatively, if such instrument does not exist, a bond/loan issued by a comparable entity can be employed as a proxy. Market pricing will be derived from the primary and secondary trading levels of the selected bonds or loans including the annualised fees. As a high degree of pricing variability exists for most secondary market bonds, care should be taken that the selected alternative funding cost reflects either longer-term averages or current market conditions if they are expected to prevail.
APPENDIX 4
Pillar 5 – Impact of the financing or investment operation
Table 1
Direct Financing
Impact of the financing or investment operation |
|||||||||
|
Fair (= 1) |
Good (= 2) |
Very good (= 3) |
Excellent (= 4) |
|||||
|
> 0 % – 5 % |
5 %-7 % |
7 %-10 % |
> 10 % |
|||||
The scoring will be done based on duly justified qualitative assessment of the project’s socioeconomic costs and benefits, and its expected contribution to economic activity and growth. |
|||||||||
|
Construction/implementation phase (FTE/EUR million) < 3 |
Construction/implementation phase (FTE/EUR million) 3-6 |
Construction phase/implementation (FTE/EUR million) 6-8 |
Construction phase/implementation (FTE/EUR million) > 8 |
|||||
Operation phase (FTE/EUR million) < 0,4 |
Operation phase (FTE/EUR million) 0,4-0,7 |
Operation phase (FTE/EUR million) 0,7-1,1 |
Operation phase (FTE/EUR million) > 1,1 |
||||||
(weight – 45 %) + bonus |
|
Negative impacts not fully mitigated, no significant positive impact. |
Negative impacts partly mitigated, some positive impact. |
Negative impacts fully mitigated, significant positive impact. |
Negative impacts fully mitigated,very substantial positive impact. |
||||
|
Negative impacts not fully mitigated, no significant positive impact. |
Negative impacts partly mitigated, some positive impact. |
Negative impacts fully mitigated,significant positive impact. |
Negative impacts fully mitigated, very substantial positive impact. |
|||||
|
Negative impacts not fully mitigated, no significant positive impact. |
Negative impacts partly mitigated, some positive impact. |
Negative impacts fully mitigated, significant positive impact. |
Negative impacts fully mitigated, very substantial positive impact. |
|||||
Bonus Positive agenda checklist (weight: 22,5 % in total for the three dimensions) |
n/a |
n/a |
n/a |
If yes, see Table 3 for more details |
Table 2
Sustainability proofing aspects – detailed information (direct financing)
|
|
Fair |
Good |
Very good |
Excellent |
||||||||||||||||
Climate 15 % |
Negative impacts and risks related to the project (2) (weight: 50 %) |
|
|
|
OR
|
||||||||||||||||
Positive impacts resulting from the project, no voluntary measures (3) taken by the project promoter/final recipient (weight: 50 %) |
No significant positive impacts were identified. |
Some positive impacts on climate change mitigation or adaptation could be identified. |
Significant positive impacts (the objective of contribution to climate change mitigation or adaptation is explicitly stated, but it is not the fundamental reason for which the project is undertaken). |
Substantial positive impacts (the project is entirely dedicated to climate change mitigation or adaptation, it is the fundamental reason for which the project is undertaken). |
|||||||||||||||||
Voluntary measures taken to enhance the project’s climate performance (weight: 7,5 % (bonus)) |
On a voluntary basis, the project promoter under the guidance of the implementing partner, will undergo one or more of the following actions, as relevant for the project:
|
||||||||||||||||||||
Environment 15 % |
Negative impacts and risks related to the project (50 %) |
there are some significant negative impacts or risks that were not fully mitigated |
significant negative impacts or risks were reduced or limited through measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects)) |
some negative impacts or risks remain after the mitigation, but they are not significant and no further measures are necessary |
no or only negligible negative impacts or risks after mitigation (or not requiring mitigation) |
||||||||||||||||
Positive impacts resulting from the project, no voluntary measures taken by the project promoter/final recipient (weight: 50 %) |
no significant positive impacts |
some positive impacts on the environment elements could be identified |
significant positive impacts (the objective of contribution to environment objective is explicitly stated, but it is not the fundamental reason for which the project is undertaken) |
substantial positive impacts (the project is entirely dedicated to environment objective, it is the fundamental reason for which the project is undertaken) |
|||||||||||||||||
Voluntary measures taken to enhance the project’s environmental performance (weight: 7,5 % (bonus)) (bonus) |
On a voluntary basis, the project promoter under the guidance of the implementing partner, will undergo one or more of the following actions, as relevant for the project:
|
||||||||||||||||||||
Social 15 % |
Negative impacts and risks related to the project (weight: 50 %) |
There are some significant negative impacts that cannot be fully mitigated or compensated |
Some significant negative impacts were reduced or limited through measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects |
Some negative impacts still remain after the mitigation, but they are not significant and no compensation measures are necessary |
No or only negligible negative temporary impacts after mitigation (or not requiring mitigation) |
||||||||||||||||
Positive impacts resulting from the project, no voluntary measures taken by the project promoter/final recipient (weight: 50 %) |
No significant positive impacts |
Some positive impacts on the social aspects could be identified. |
Significant positive impacts (the objective of contribution to social aspects is explicitly stated, but it is not the fundamental reason for which the project is undertaken) |
Substantial positive impacts (the project is entirely dedicated to social objectives, it is the fundamental reason for which the project is undertaken) |
|||||||||||||||||
Voluntary measures taken to enhance the project’s social performance (weight: 7,5 %(bonus)) |
On a voluntary basis, the project promoter under the guidance of the implementing partner, will undergo one or more of the following actions, as relevant for the project:
|
Table 3
Intermediated financing
Impact of the financing or investment operation |
||||||||||||||||||||||||||||||||
|
Fair (= 1) |
Good (= 2) |
Very good (= 3) |
Excellent (= 4) |
||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||
|
Limited expected scale of finance (< 2 times). |
Moderate expected scale of finance (between 2 and 3 times). |
High expected scale of finance, (between 3 to 5 times). |
Considerably high-expected scale of finance, (beyond 5 times). |
||||||||||||||||||||||||||||
|
The financing or investment operation allows the intermediary(-ies) to offer more favourable terms to final recipients via:
|
|
||||||||||||||||||||||||||||||
|
None of the above elements are applicable. |
One or two of the above elements are applicable. |
Two to three of the above elements are applicable. |
More than three of the above elements are applicable. |
||||||||||||||||||||||||||||
|
Financing/investment activities expected to support well-established intermediaries, maintaining existing financing channels mostly at local level with limited cross fertilisation or interactions with wider ecosystem. |
Financing/investment activities expected to largely support well-established intermediaries, scaling up or expanding financing channels beyond their local ecosystem to address InvestEU policy objectives as defined in Articles 3 and 8 of the InvestEU Regulation. |
Significant part of the financing/investment activities are expected to be delivered by supporting new intermediaries, including new category of intermediaries, or by developing alternative financing mechanisms or investment channels to address InvestEU policy objectives as defined in Articles 3 and 8 of the InvestEU Regulation. |
Financing/investments activities aim at supporting novel interventions in a sector in line with the policy priorities as defined in the guarantee agreements, or vertical, and/or by fostering partnerships, development of platforms or otherwise systematic collaborations within wider ecosystem to address InvestEU policy objectives as defined in Articles 3 and 8 of the InvestEU Regulation. |
||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||
Number of jobs expected to be supported at the level of final recipients (weight: 20 %) |
Number of jobs (including seasonal ones and part-time jobs) and/or self-employed persons expected to be supported per EUR million of funding by the implementing partner, is expected to be:
|
Number of jobs (including seasonal ones and part-time jobs) and/or self-employed persons expected to be supported per EUR million of funding by the implementing partner, is expected to be:
|
Number of jobs (including seasonal ones and part-time jobs) and/or self-employed persons expected to be supported per EUR million of funding by the implementing partner, is expected to be:
|
Number of jobs (including seasonal ones and part-time jobs) and/or self-employed persons expected to be supported per EUR million of funding by the implementing partner, is expected to be:
|
(1) The implementing partners should explain the reason why an ERR cannot be calculated.
(2) The project in a comprehensive meaning including for instance relevant compensatory and mitigating measures put in place to address climate change concerns on mitigation (i.e. greenhouse gas emissions) and adaptation (i.e. addressing climate change hazards, impacts and risks).
(3) As described in the sustainability proofing guidance under the positive agenda recommendations.
(4) In the case of Framework Operations, the implementing partner should indicate what type of benefits are expected to be systematically achieved across the underlying sub-projects.
APPENDIX 5
Pillar 6 – Financial profile of the financing or investment operation
The following table sets out examples of financial profile indicators that can be used for debt-type and equity-type operations. Depending on the characteristics of the financial products/portfolios, different indicators may be provided by an implementing partner. For Framework Operations the implementing partner will have to provide any of the following: the range of acceptable ratings of underlying sub-projects, average rating, the range of transfer rates, or other relevant features if available, such as expected loss and duration of the underlying portfolio/s.
Debt-type operations (1) |
|
Example 1 |
Example 2 |
Financial profile indicator (in line with the guarantee agreement) |
Expected loss |
Transfer rates |
|
Range (where relevant, as defined in the guarantee agreement) |
X % ≤ EL ≤ Y % |
n.a. |
|
Underlying Metrics |
Expected loss of the financing or investment operation Expected loss of the financial product/portfolio |
Applicable transfer rate for the relevant portfolio/financial product based on the expected loss of the financing or investment operation |
|
Equity-type operations |
Financial profile indicator (in line with the guarantee agreement) |
Internal Rate of Return (IRR), counterparty rating for funds or other relevant metric(s) to be agreed in the guarantee agreement Rating of the counterparty, where available |
|
Range (where relevant, as defined in the guarantee agreement) |
X ≤ IRR or other relevant metric(s) ≤ Y |
||
Underlying Metrics |
Internal Rate of Return (IRR) for funds or other relevant metric(s) to be agreed in the guarantee agreement Rating of the counterparty |
(1) Including capped and uncapped guarantees.
APPENDIX 6
Pillar 7 – Complementary indicators
Values expected to be achieved at the end of the operation lifetime (1). For all financing and investment operations:
Where applicable, depending on the window and policy area of the operation and the type of operation (direct or indirect operation): Sustainable infrastructure window Energy:
Digital: additional households, enterprises or public buildings with broadband access of at least 100 Mbps upgradable to gigabit speed, or number of WIFI-hotspots created Transport:
Environment: the financing or investment operation contributing to the implementation of plans and programmes required by the Union environmental acquis relating to air quality, water, waste and nature Research, innovation and digitisation window
SME window
Social investment and skills window
For direct operations, if applicable:
For intermediated operations: ESG aspects Member State compartment indicators: Other indicators as agreed between the Member State and the Commission under the contribution agreement and transposed into the relevant guarantee agreement with the implementing partner. |
(1) For the calculation of these indicators, the technical methodology developed for InvestEU key performance and monitoring indicators shall be used.
(2) Indication if the financing or investment operation contributes to the specific area (Yes, No or Not known) and if applicable, the amount expected to contribute to such area.
24.9.2021 |
EN |
Official Journal of the European Union |
L 339/29 |
COMMISSION DELEGATED REGULATION (EU) 2021/1703
of 13 July 2021
amending Delegated Regulation (EU) 2020/692 as regards the animal health requirements for the entry into the Union of products of animal origin contained in composite 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) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Articles 234(2), 237(4) and 239(2) thereof,
Whereas:
(1) |
Commission Delegated Regulation (EU) 2020/692 (2) supplements the animal health rules laid down in Regulation (EU) 2016/429, as regards the entry into the Union, and the movement and handling after entry into the Union, of consignments of certain animals, germinal products and products of animal origin. In particular, Articles 162 and 163 of Delegated Regulation (EU) 2020/692 lay down specific requirements for the entry into the Union of products of animal origin contained in composite products. Articles 162 and 163 of Delegated Regulation (EU) 2020/692 do not provide specific requirements for colostrum-based products contained in composite products. This Regulation should therefore clarify the requirements that apply for the entry into the Union of those products when contained in composite products in accordance with the rules applicable to the entry into the Union of colostrum-based products provided for in Article 153 of Delegated Regulation (EU) 2020/692. |
(2) |
Gelatine and collagen fall within the definition of ‘meat products’ provided for in Article 2, point (44), of Delegated Regulation (EU) 2020/692 and therefore only consignments of gelatine and collagen complying with the requirements for entry into the Union of meat products are permitted to enter the Union. However, gelatine and collagen contained in shelf-stable composite products pose a very low animal health risk due to the treatments they undergo during their processing. For this reason, composite products containing only these kind of meat products should be added to the list of composite products covered by the derogation provided for in Article 163 of Delegated Regulation (EU) 2020/692 and therefore not be required to be accompanied by an animal health certificate, but only be required to be accompanied by a declaration instead. |
(3) |
In accordance with Article 163 of Delegated Regulation (EU) 2020/692 shelf-stable composite products not containing meat products are to be accompanied by a declaration prepared and signed by an operator. The processed products of animal origin must however be subject to a strict risk-mitigating treatment that ensures their safety from the animal health point of view. Nevertheless, it would appear disproportionate to require such strict risk-mitigating treatments to dairy products that originate from countries that are authorised for the entry into the Union of raw milk or dairy products. For those third countries, the requirements should be proportionate to the risk posed by the country of origin and the guarantees provided by the competent authorities should be considered. Therefore, Delegated Regulation (EU) 2020/692 should be amended to allow the entry into the Union of shelf-stable composite products containing dairy products that originate from third countries listed for the entry into the Union of raw milk and dairy products not subject to a risk-mitigating treatment, without undergoing any specific risk-mitigating treatment. In addition, Delegated Regulation (EU) 2020/692 should also be amended to allow the entry into the Union of shelf-stable composite products containing dairy products that originate from third countries listed for the entry into the Union of dairy products subject to a risk-mitigating treatment, if they have undergone a risk-mitigating treatment in accordance with Article 157 of Delegated Regulation (EU) 2020/692. |
(4) |
Dairy products that have undergone strict risk-mitigating treatments and egg products contained in shelf-stable composite products only represent a limited risk, both from an animal and public health point of view. Therefore, those goods should be permitted to enter the Union if they come from a third country, territory or zone thereof which is not listed for the entry into the Union of the particular species and category of products of animal origin, but is listed for the entry into the Union of either meat products, dairy products or egg products. |
(5) |
To avoid undue administrative burden for the entry into the Union of consignments of composite products posing a low animal health risk, it should be permitted that the operator responsible for the entry into the Union of the consignments signs the declaration referred to in Article 163 of Delegated Regulation (EU) 2020/692. |
(6) |
The rules provided in Delegated Regulation (EU) 2020/692 supplement those laid down in Regulation (EU) 2016/429. As those rules are interrelated, they are laid down together in one single act. In the interest of clarity and for their effective application, it is appropriate for the rules amending Delegated Regulation (EU) 2020/692 to be also laid down in a single delegated act providing a comprehensive set of requirements for the entry into the Union of products of animal origin. |
(7) |
Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. |
(8) |
As Delegated Regulation (EU) 2020/692 applies from 21 April 2021, in the interest of legal certainty, this Regulation should enter into force as a matter of urgency, |
HAS ADOPTED THIS REGULATION:
Article 1
Delegated Regulation (EU) 2020/692 is amended as follows:
(1) |
Article 162 is amended as follows:
|
(2) |
Article 163 is replaced by the following: ‘Article 163 Specific requirements for shelf-stable composite products 1. By way of derogation from Article 3, point (c)(i), consignments of composite products that do not contain meat products, except gelatine and collagen, or colostrum-based products, and that have been treated to become shelf-stable at ambient temperature, shall be permitted to enter the Union accompanied by a declaration, as provided for in paragraph 2,if they contain:
2. The declaration referred to in paragraph 1:
3. By way of derogation from of Article 3, point (a)(i), dairy products referred to in paragraph 1, point (a)(iii), of this Article, and egg products contained in composite products that have been treated to become shelf-stable at ambient temperature shall be permitted to enter the Union if they come from a third country, territory or zone thereof which is not specifically listed for the entry into the Union of those products of animal origin but listed for the entry into the Union of either:
|
Article 2
References to former Article 163(a) of Delegated Regulation (EU) 2020/692 shall be construed as references to Article 163(1) of that Delegated Regulation.
Article 3
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 July 2021.
For the Commission
The President
Ursula VON DER LEYEN
(2) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).
24.9.2021 |
EN |
Official Journal of the European Union |
L 339/33 |
COMMISSION DELEGATED REGULATION (EU) 2021/1704
of 14 July 2021
supplementing Regulation (EU) 2019/2152 of the European Parliament and of the Council by further specifying the details for the statistical information to be provided by tax and customs authorities and amending its Annexes V and VI
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/2152 of the European Parliament and of the Council of 27 November 2019 on European business statistics, repealing 10 legal acts in the field of business statistics (1), and in particular Article 5(2) and (3) thereof,
Whereas:
(1) |
Annexes V and VI to Regulation (EU) 2019/2152 specify the information for statistical purposes related to exports and imports of goods that the tax and customs authorities in each Member State shall provide to the competent national statistical authorities (NSAs). |
(2) |
The details for the statistical information related to exports and imports of goods to be provided by the tax and customs authorities in each Member State to the competent NSAs, included in Annexes V and VI to Regulation (EU) 2019/2152, should be further specified. |
(3) |
To ensure that the information provided by the tax authorities to NSAs for statistical purposes contains information on intra-Community distance sales of goods, it is necessary to amend Annex V to Regulation (EU) 2019/2152. |
(4) |
It is necessary to amend Annex VI to Regulation (EU) 2019/2152 to ensure that under centralised clearance pursuant to Article 179 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (2), where more than one Member State is involved, the obligation on customs authorities to provide customs declarations data to their NSAs applies also in the Member State where the goods are located. |
(5) |
It is also necessary to amend Annex VI to Regulation (EU) 2019/2152 to ensure that NSAs can receive information from their customs authorities on applied customs simplifications and on the involved trade operators. |
(6) |
Annexes V and VI to Regulation (EU) 2019/2152 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Delegated Regulation further specifies the details for the statistical information related to exports and imports of goods to be provided by the tax and customs authorities in each Member State to the competent NSAs.
Article 2
Information from VAT returns
The information from value added tax (VAT) returns on taxable persons or non-taxable legal persons, as referred to in point (a) of Annex V to Regulation (EU) 2019/2152 shall include at least:
(a) |
the full name of the taxable person or non-taxable legal person; |
(b) |
the full address, including post code; |
(c) |
the identification number allocated to that person in accordance with Article 214 of Council Directive 2006/112/EC (3); |
(d) |
for each taxable person or non-taxable legal person:
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Article 3
Information from recapitulative statements
1. The information on intra-Union supplies collected from the recapitulative VAT statements, as referred to in point (b) of Annex V to Regulation (EU) 2019/2152, shall include at least:
(a) |
the tax period; |
(b) |
the VAT identification number of each national supplier; |
(c) |
the VAT identification number of the partner Member State acquirer; |
(d) |
the taxable amount between each national supplier and partner Member State acquirer; |
(e) |
the identification of subsequent supplies. |
2. The information on intra-Union acquisitions communicated by all other Member States, as referred to in point (c) of Annex V to Regulation (EU) 2019/2152, shall include at least:
(a) |
the tax period; |
(b) |
the VAT identification number of each national acquirer; |
(c) |
the total taxable amount by national acquirer aggregated by partner Member State. |
Article 4
Information relating to customs declarations
The information referred to in point (c) of Annex VI to Regulation (EU) 2019/2152 shall include any information required by the NSA for the production of European statistics on international trade in goods and shall include at least the information set out in Annex I to this Regulation.
Article 5
Amendment to Regulation (EU) 2019/2152
Annexes V and VI to Regulation (EU) 2019/2152 are replaced by the text in Annex II to this Regulation.
Article 6
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 July 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 327, 17.12.2019, p. 1.
(2) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
(3) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).
ANNEX I
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(1) Only for the customs data requirements under Commission Delegated Regulation (EU) 2016/341 of 17 December 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards transitional rules for certain provisions of the Union Customs Code where the relevant electronic systems are not yet operational and amending Delegated Regulation (EU) 2015/2446 (OJ L 69, 15.3.2016, p. 1).
ANNEX II
‘ANNEX V
Information to be provided by the tax authorities responsible in each Member State to the NSA referred to in Article 5(2):
(a) |
information from VAT returns on taxable persons or non-taxable legal persons who have declared, for the period in question, intra-Union supplies of goods in accordance with point (a) of Article 251 of Directive 2006/112/EC or intra-Union acquisition of goods in accordance with point (c) of Article 251 of that Directive; |
(b) |
information from recapitulative statements on intra-Union supplies collected from the recapitulative VAT statements in accordance with Articles 264 and 265 of Directive 2006/112/EC; |
(c) |
information on intra-Union acquisitions communicated by all other Member States in accordance with Article 21(2) of Council Regulation (EU) No 904/2010 (1); |
(d) |
information from VAT returns on taxable persons not established in the Member State of consumption making use of the special scheme, provided for in Section 3 of Chapter 6 of Title XII of Directive 2006/112/EC, who have declared, for the period in question, supplies of goods under that scheme in accordance with Article 369g of that Directive; |
(e) |
information on supplies of goods related to the special scheme, provided for in Section 3 of Chapter 6 of Title XII of Council Directive 2006/112/EC, communicated by all other Member States in accordance with Article 21(1) of Regulation (EU) No 904/2010. |
ANNEX VI
Information to be provided by the customs authorities responsible in each Member State to the NSA referred to in Article 5(3):
(a) |
information identifying the person who carries out intra-Union exports and intra-Union imports of goods covered by the customs procedure of inward processing; |
(b) |
the registration and identification data of economic operators provided for under Union customs provisions available in the electronic system relating to EORI number as referred to in Article 7 of Commission Implementing Regulation (EU) 2015/2447 (2); |
(c) |
the records on imports and exports from customs declarations which were accepted or were subject to decisions by the national customs authorities and:
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(d) |
information on applied procedures, simplifications or authorisations granted to trade operators and information identifying those trade operators. |
(1) Council Regulation (EU) No 904/2010 of 7 October 2010 on administrative cooperation and combating fraud in the field of value added tax (OJ L 268, 12.10.2010, p. 1).
(2) Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p.558).
24.9.2021 |
EN |
Official Journal of the European Union |
L 339/40 |
COMMISSION DELEGATED REGULATION (EU) 2021/1705
of 14 July 2021
amending Delegated Regulation (EU) 2020/692 supplementing Regulation (EU) 2016/429 of the European Parliament and the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Articles 234(2), 237(4), 239(2) and 279(2) thereof,
Whereas:
(1) |
Commission Delegated Regulation (EU) 2020/692 (2) supplements the animal health rules laid down in Regulation (EU) 2016/429, as regards the entry into the Union, and the movement and handling after entry, of consignments of certain animals, germinal products and products of animal origin. |
(2) |
After the publication of Delegated Regulation (EU) 2020/692 on 3 June 2020 in the Official Journal of the European Union, certain minor mistakes or omissions were spotted in the provisions of that Delegated Regulation. Those mistakes and omissions should be corrected and Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. |
(3) |
In addition, certain rules laid down in Delegated Regulation (EU) 2020/692 should be amended in order to ensure that they are consistent with rules laid down in other delegated acts adopted pursuant to Regulation (EU) 2016/429, and Regulation (EU) 2017/625 of the European Parliament and of the Council (3). |
(4) |
It is also necessary to amend Delegated Regulation (EU) 2020/692 to cover certain circumstances that were initially omitted from the scope of that act, and to cover certain possibilities that are provided for in Union acts that were adopted prior to Regulation (EU) 2016/429, and that should be maintained in the framework of Regulation (EU) 2016/429. This is important in order to ensure a smooth transition from the requirements laid down in those earlier Union acts concerning the entry into the Union of animals, germinal products and products of animal origin, or to clarify the species and categories of animals and products of animal origin to which certain requirements should apply or should not apply. |
(5) |
Delegated Regulation (EU) 2020/692 should also ensure a smooth transition from the requirements laid down in earlier Union acts concerning the entry into the Union of aquatic animals and products of animal origin thereof, as they have proven to be effective. Therefore, the aim and substance of those existing rules should be maintained in that Delegated Regulation, but adapted to suit the new legislative framework established by Regulation (EU) 2016/429. |
(6) |
In addition, the animal health requirements laid down in Delegated Regulation (EU) 2020/692 should not apply to products of animal origin from aquatic animals other than live aquatic animals, except those which are intended for further processing in the Union, given that there are no significant animal health reasons to include such products within the scope of that Delegated Regulation. Article 1(6) of Delegated Regulation (EU) 2020/692, setting out the scope of that act, should therefore be amended. |
(7) |
The definition of a porcine animal, as currently laid down in Article 2, point (8), of Delegated Regulation (EU) 2020/692 is suitable only for the purpose of the entry into the Union of those animals. Commission Delegated Regulation (EU) 2020/686 (4), which lays down rules on the movement within the Union of germinal products, provides for a different definition of porcine animals, which is appropriate for donors of germinal products. Therefore, the definition of porcine animals in Delegated Regulation (EU) 2020/692 should be amended to cover the entry into the Union of both porcine animals and germinal products of porcine animals. |
(8) |
The definition of ‘well-boat’ currently laid down in Article 2, point (48), of Delegated Regulation (EU) 2020/692 is not in line with the definition of ‘well-boat’ set out in Article 2, point (2), of Commission Delegated Regulation (EU) 2020/990 (5). In the interests of consistency of Union rules, the definition in Article 2, point (48), of Delegated Regulation (EU) 2020/692 should be amended to bring it into line with the definition set out in Delegated Regulation (EU) 2020/990. |
(9) |
Delegated Regulation (EU) 2020/692 lays down requirements in relation to the inspection of terrestrial animals prior to their dispatch to the Union, which in the case of poultry cover also their flock of origin. It should, however, be clarified that those requirements do not apply to the flock of origin of day-old chicks, in accordance with the requirements applicable until 21 April 2021, laid down in Commission Regulation (EC) No 798/2008 (6). Article 13(1) of Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. |
(10) |
Delegated Regulation (EU) 2020/692, which applies from 21 April 2021, should ensure a smooth transition from the requirements laid down in earlier Union acts concerning the entry into the Union of terrestrial animals, and germinal products and products of animal origin from terrestrial animals, as they have proved to be effective. Therefore, the aim and substance of those rules should be maintained in that Delegated Regulation, but adapted to suit the new legislative framework established by Regulation (EU) 2016/429. Article 11(1) of Commission Regulation (EU) No 206/2010 (7) provided that, following their introduction into the Union, consignments of ungulates, other than ungulates intended for confined establishments, are to remain on the holding of destination for a period of at least 30 days, unless they are dispatched directly to a slaughterhouse. Regulation (EU) No 206/2010 was repealed by Delegated Regulation (EU) 2020/692. However, Delegated Regulation (EU) 2020/692 does not provide for the possibility to move ungulates to a slaughterhouse during the 30-day period after their entry into the Union. Article 26 of Delegated Regulation (EU) 2020/692 should therefore be amended to provide for that possibility, as movements during that period do not give rise to any significant animal health concerns. |
(11) |
In addition, the derogation from the requirement regarding the 30-day period of residency in the establishment of destination after entry into the Union provided for in Article 26 of Delegated Regulation (EU) 2020/692 that currently applies only to equine animals intended for competition, races and cultural events should be extended to all equine animals, and that Article should be amended accordingly. |
(12) |
Delegated Regulation (EU) 2020/692 provides for a derogation from the requirements laid down in that act for the entry into the Union of consignments of poultry and hatching eggs of poultry in the case consignments of less than 20 heads of poultry other than ratites, and consignments of less than 20 hatching eggs of poultry other than ratites. Certain requirements in relation to the means of transport, the containers in which they are transported to the Union, vaccination against highly pathogenic avian influenza and disinfection that apply for poultry and hatching eggs, should, however, also apply for the entry into the Union of consignments of less than 20 heads of poultry, other than ratites, and less than 20 hatching eggs of poultry, other than ratites. Articles 49 and 101 of Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. |
(13) |
Delegated Regulation (EU) 2020/692 provides that all captive birds dispatched to the Union should have been vaccinated against infection with Newcastle disease virus. This, however, is not practically possible and is inconsistent with the requirements for the entry into Member States with status free from infection against Newcastle disease virus without vaccination. Article 57 of Delegated Regulation (EU) 2020/692 should therefore be amended to clarify that the requirements as regards the vaccines used against infection with Newcastle disease virus apply in the case where captive birds have been vaccinated against that disease. |
(14) |
Racing pigeons fall within the definition of ‘captive birds’ laid down in Article 4, point (10), of Regulation (EU) 2016/429. Therefore, the specific animal health requirements for captive birds laid down in Part II, Title 3, Chapter 2, of Delegated Regulation (EU) 2020/692 apply also to those animals. However, those requirements limit the possibility for the entry into the Union of racing pigeons from a third country or territory or zone thereof with the intention that they will fly back to that third country or territory or zone. Moreover, racing pigeons introduced into the Union with the intention to fly back to the third country or territory of origin or zone thereof do not pose the same animal health risk as other captive birds. Delegated Regulation (EU) 2020/692 should therefore be amended to provide for a derogation from the specific animal health requirements for captive birds for the entry into the Union of racing pigeons from a third country or territory or zone thereof where they are normally kept, with the intention to be immediately released with the expectation that they will fly back to that third country or territory or zone thereof. |
(15) |
Article 74 of Delegated Regulation (EU) 2020/692 lays down the identification requirements for the entry into the Union of dogs, cats and ferrets. As regards the requirements for their means of identification, it refers to implementing acts adopted by the Commission pursuant to Article 120 of Regulation (EU) 2016/429. However, such implementing acts have not yet been adopted, as Article 277 of Regulation (EU) 2016/429 provides that Regulation (EU) No 576/2013 of the European Parliament and of the Council (8) is to continue to apply until 21 April 2026 in respect of non–commercial movements of pet animals of those species. Article 74 of Delegated Regulation (EU) 2020/692 should therefore be amended in order to refer to the requirements of Regulation (EU) No 576/2013. |
(16) |
Due to an omission, there are no provisions in Delegated Regulation (EU) 2020/692 concerning the inspection of consignments of germinal products prior to their dispatch to the Union. In order to ensure that consignments of germinal products comply with the requirements of Delegated Regulation (EU) 2020/692 before they are permitted to enter the Union, that Delegated Regulation should therefore be amended so that it lays down rules related to necessary examinations and checks of those consignments. |
(17) |
Article 86 of Delegated Regulation (EU) 2020/692 provides that consignments of oocytes and embryos of bovine animals should be allowed to enter the Union if a donor animal comes from an establishment free from enzootic bovine leukosis. Article 87(2) of that Delegated Regulation provides for a derogation for an establishment not free from enzootic bovine leukosis subject to the conditions that the donor animals are less than 2 years of age, and that there has been no clinical case of enzootic bovine leukosis during a period of at least the preceding 3 years. That derogation should apply for bovine donor animals regardless of their age. Article 87(2) of Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. |
(18) |
Delegated Regulation (EU) 2020/692 provides that hatching eggs of poultry must originate from flocks that have been subjected to a clinical inspection within a period of 24 hours prior to the time of loading of the consignment of hatching eggs for dispatch to the Union. However, third countries and stakeholders have indicated that that requirement unjustifiably increases the administrative burden for competent authorities and operators and constitutes a risk to the biosecurity of the establishments. Considering that those eggs originate in approved establishments that apply strict biosecurity rules, it is appropriate to allow for a wider timeframe for the clinical inspection of the flock of origin of the hatching eggs, similar to what is provided for in Commission Delegated Regulation (EU) 2020/688 (9) for the movement of those products between Member States. Therefore, Article 107 of Delegated Regulation (EU) 2020/692 should be amended accordingly. |
(19) |
Chapter 4 of Title 2 of Part III of Delegated Regulation (EU) 2020/692 lays down requirements for the entry into the Union of specified pathogen-free eggs, including requirements in relation to the establishment of origin of those eggs. Delegated Regulation (EU) 2020/692 should be amended to provide that those establishments in third countries are approved in accordance with the rules that apply for those establishments in the Union. |
(20) |
Aquatic animals as defined in Article 4, point (3), of Regulation (EU) 2016/429 includes kept animals and wild animals. Aquatic animals may therefore, be permitted to enter the Union from aquaculture establishments and from wild habitats. Hence, they may be dispatched from a ‘place of origin’ or from an ‘establishment of origin’. Delegated Regulation (EU) 2020/692 should permit that possibility and Article 167, points (a) and (d), of Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. |
(21) |
Article 172 of Delegated Regulation (EU) 2020/692 provides for derogations for certain categories of aquatic animals and products thereof from the requirement to originate from a disease-free third country, territory, zone or compartment. In all cases, however, aquaculture animals and products thereof, that fall within the scope of Delegated Regulation (EU) 2020/692, must originate from an establishment, that is either registered or approved in accordance with Part IV, Title II, Chapter 1, of Regulation (EU) 2016/429. This Regulation should therefore, amend Article 172 of Delegated Regulation (EU) 2020/692 to make it clear that the derogation it provides, applies not to Article 170, but specifically to Article 170(1) of that Delegated Regulation. |
(22) |
Due to an omission, Article 174(3) of Delegated Regulation (EU) 2020/692 should be amended so that it refers to paragraph Article 170(1)(a)(iii), rather than to Article 170(a)(iii). |
(23) |
Article 226(3) of Regulation (EU) 2016/429 provides for Member States to have approved national measures for a disease other than a listed disease referred to in Article 9(1), point (d), of that Regulation. Article 175 of Delegated Regulation (EU) 2020/692 and Annex XXIX thereto should be amended to clarify that Member States may take such measures not only for non-listed diseases, but also for diseases listed in Article 9(1), point (e), of Regulation (EU) 2016/429. |
(24) |
Due to the lengthy stocking capabilities for semen, oocytes and embryos, Part IV of Delegated Regulation (EU) 2020/692 should lay down certain transitional measures regarding germinal products collected, produced, processed and stored in accordance with Council Directives 88/407/EEC (10), 89/556/EEC (11), 90/429/EEC (12) and 92/65/EEC (13). Those measures should concern the approval of semen collection centres, semen storage centres, embryo collection teams and embryo production teams under those Directives, and the marking of straws and other packages in which semen, oocytes or embryos are placed, stored and transported. Those measures should also concern the requirements for the collection, production, processing and storage of germinal products, for the animal health of donor animals and for the laboratory and other tests carried out on donor animals and germinal products under those Directives. It is necessary to ensure that there is no disruption in trade in those germinal products, given their importance for the animal breeding sector. Therefore, to ensure the continuity of the entry into the Union of consignments of germinal products collected or produced before 21 April 2021 that fulfil the requirements laid down in Directives 88/407/EEC, 89/556/EEC, 90/429/EEC and 92/65/EEC, certain transitional provisions should be laid down in Delegated Regulation (EU) 2020/692. That Delegated Regulation should be amended accordingly. |
(25) |
Table 1 of Annex III to Delegated Regulation (EU) 2020/692 lays down, amongst other things, the requirements as regards the residency periods of equine animals before their entry into the Union. In particular, specific residency periods are laid down for equine animals other than registered equine animals, registered equine animals and the re-entry after temporary export of registered horses. Those residency periods should be more detailed to target the risks arising from the entry of equine animals not intended for slaughter, registered horses and equine animals intended for slaughter, as well as for the re-entry after temporary export of registered horses. That Annex should be amended accordingly. |
(26) |
Table 2 of Annex III to Delegated Regulation (EU) 2020/692 lays down the requirements as regards the residency periods of poultry before their entry into the Union. In particular, specific residency periods are laid down for productive poultry for the production of meat or eggs for consumption and for productive poultry for restocking supplies of game birds, but not for productive poultry for the production of other products. A specific residency period should, therefore, be laid down also for the category of productive poultry for the production of other products. That Annex should be amended accordingly. |
(27) |
Point 2 of Annex XV to Delegated Regulation (EU) 2020/692 lays down the animal health requirements for poultry and hatching eggs originating in a third country or territory or zone thereof where vaccines used against infection with Newcastle disease virus do not meet the specific criteria set out in point 1 of that Annex. Further clarification should, however, be provided on which of those requirements apply to poultry, hatching eggs and their flocks of origin. That Annex should be amended accordingly. |
(28) |
The rules provided in Delegated Regulation (EU) 2020/692 supplement those laid down in Regulation (EU) 2016/429. As those rules are interrelated, they are laid down together in one single act. In the interest of clarity and for their effective application, it is appropriate for the rules amending Delegated Regulation (EU) 2020/692 to be also laid down in a single delegated act providing a comprehensive set of requirements for the entry into the Union of animals, germinal products and products of animal origin. |
(29) |
Delegated Regulation (EU) 2020/692 should therefore be amended accordingly. |
(30) |
Delegated Regulation (EU) 2020/692 applies from 21 April 2021. In the interest of legal certainty, this Regulation should enter into force as a matter of urgency, |
HAS ADOPTED THIS REGULATION:
Article 1
Delegated Regulation (EU) 2020/692 is amended as follows:
(1) |
Article 1 is amended as follows:
|
(2) |
Article 2 is amended as follows:
|
(3) |
in Article 3, point (a)(i) is replaced by the following:
|
(4) |
in Article 13(1), the second subparagraph is replaced by the following: ‘In the case of poultry, except day-old chicks, and captive birds, that inspection shall also cover the flock of origin of the animals intended for dispatch to the Union.’; |
(5) |
Article 26 is replaced by the following: ‘Article 26 Movement and handling of ungulates after their entry into the Union Following their entry into the Union, ungulates, except equine animals, shall remain in their establishment of destination for a period of at least 30 days from the date of their arrival in that establishment, unless they are moved for slaughter.’; |
(6) |
Article 49 is amended as follows:
|
(7) |
Article 57 is replaced by the following: ‘Article 57 Specific animal health requirements for the captive birds Consignments of captive birds shall only be permitted to enter the Union if the animals of the consignment comply with the following requirements:
|
(8) |
in Article 60, point (b)(vi) is renumbered as point (c) as follows:
|
(9) |
Article 62 is replaced by the following: ‘Article 62 Derogations from the animal health requirements for the entry into the Union of captive birds 1. By way of derogation from requirements laid down in Articles 3 to 10, except point (a)(i) of Article 3, Articles 11 to 19 and Articles 53 to 61, consignments of captive birds which do not comply with those requirements shall be permitted to enter the Union if they originate from third countries or territories specifically listed for the entry into the Union of captive birds based on equivalent guarantees. 2. By way of derogation from the requirements laid down in Article 11 and Articles 54 to 58, consignments of racing pigeons which enter the Union from a third country or territory or zone thereof where they are normally kept, with the intention to be immediately released with the expectation that they will fly back to that third country or territory or zone thereof and which do not comply with those requirements, shall be permitted to enter the Union if they comply with the following requirements:
3. By way of derogation from the requirements laid down in Articles 59, 60 and 61, the competent authority of the Member State of entry into the Union may authorise the entry into the Union of racing pigeons which will not be transported directly to a quarantine establishment approved in accordance with Article 14 of Delegated Regulation (EU) 2019/2035 if they are:
|
(10) |
in Article 74, paragraph 1 is replaced by the following: ‘1. Consignments of dogs, cats and ferrets shall only be permitted to enter the Union if each animal in the consignment is individually identified by an injectable transponder as listed in point (e) of Annex III to Delegated Regulation (EU) 2019/2035, which was implanted by a veterinarian and which fulfils the technical requirements referred to in Annex II to Regulation (EU) No 576/2013.’; |
(11) |
in Article 80, point (a) is replaced by the following:
|
(12) |
in Article 83, point (a)(iii) is replaced by the following:
|
(13) |
after Article 85, the following Article 85a is inserted: ‘Article 85a Inspection of consignments of germinal products prior to dispatch to the Union Consignments of semen, oocytes and embryos of bovine, porcine, ovine, caprine and equine animals shall only be permitted to enter the Union if those consignments were subjected to a visual examination and documentary check, carried out by an official veterinarian in the third country or territory of origin or zone thereof within the period of 72 hours prior to the time of dispatch to the Union as follows:
|
(14) |
in Article 87, paragraph 2 is replaced by the following: ‘2. By way of derogation from point (b)(iii) of Article 86, consignments of oocytes and embryos of bovine animals shall be permitted to enter the Union if a donor animal comes from an establishment which is not free from enzootic bovine leukosis provided that the official veterinarian responsible for the establishment of origin has certified that there has been no clinical case of enzootic bovine leukosis in that establishment during a period of at least the preceding 3 years.’; |
(15) |
Article 91 is replaced by the following: ‘Article 91 The establishment of origin of donor ovine and caprine animals Consignments of semen, oocytes and embryos of ovine and caprine animals shall only be permitted to enter the Union if they were collected from donor animals which come from an establishment that was free from infection with Brucella abortus, B. melitensis and B. suis and they were never previously in any establishment of a lower status.’; |
(16) |
in Article 100, point (b)(ii) is replaced by the following:
|
(17) |
in Article 102, in point (a), the introductory phrase is replaced by the following:
|
(18) |
in Article 107, point (f) is replaced by the following:
|
(19) |
Article 110 is amended as follows:
|
(20) |
in Article 111, point (a)(iii) is replaced by the following:
|
(21) |
after Article 119, the following Article 119a is inserted: ‘Article 119a Inspection of consignments of germinal products prior to dispatch to the Union Consignments of semen, oocytes and embryos referred to in Article 117 shall only be permitted to enter the Union if those consignments have been subjected to visual examination and documentary check, carried out by an official veterinarian in the third country or territory of origin or zone thereof within the period of 72 hours prior to the time of dispatch to the Union as follows:
|
(22) |
in Article 125(c), point (i) is replaced by the following:
|
(23) |
in Article 154, the following paragraph 3 is added: ‘3. The animals of origin of raw milk, colostrum or colostrum-based products intended for entry into the Union shall not be required to comply with the residency period referred to in paragraph 2, provided that they were introduced into the third country or territory or zone thereof from:
|
(24) |
Article 167 is amended as follows:
|
(25) |
in Article 169(3), point (b) is replaced by the following:
|
(26) |
in Article 172, the introductory phrase is replaced by the following: ‘By way of derogation from Article 170(1), the requirements laid down in that Article shall not apply to the following categories of aquatic animals:’; |
(27) |
in Article 173, point (b) is replaced by the following:
|
(28) |
in Article 174, paragraph 3 is replaced by the following: ‘3. The competent authority of the Member State may only grant the authorisation provided for in paragraph 2 of this Article where the release or immersion in natural waters does not jeopardise the health status of the aquatic animals at the place of release or immersion and in all cases, release into the wild shall comply with the requirement laid down in Article 170(1)(a)(iii).’; |
(29) |
Article 175 is amended as follows:
|
(30) |
Part VII is amended as follows:
|
(31) |
Annexes III, VIII, XV, XXVIII and XXIX are amended in accordance with the Annex to this Regulation. |
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 July 2021.
For the Commission
The President
Ursula VON DER LEYEN
(2) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).
(3) 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).
(4) Commission Delegated Regulation (EU) 2020/686 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards the approval of germinal product establishments and the traceability and animal health requirements for movements within the Union of germinal products of certain kept terrestrial animals (OJ L 174, 3.6.2020, p. 1).
(5) Commission Delegated Regulation (EU) 2020/990 of 28 April 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council, as regards animal health and certification requirements for movements within the Union of aquatic animals and products of animal origin from aquatic animals (OJ L 221, 10.7.2020, p. 42).
(6) Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (OJ L 226, 23.8.2008, p. 1).
(7) Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (OJ L 73, 20.3.2010, p. 1).
(8) Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 (OJ L 178, 28.6.2013, p. 1).
(9) Commission Delegated Regulation (EU) 2020/688 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council, as regards animal health requirements for movements within the Union of terrestrial animals and hatching eggs (OJ L 174, 3.6.2020, p. 140).
(10) Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (OJ L 194, 22.7.1988, p. 10).
(11) Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (OJ L 302, 19.10.1989, p. 1).
(12) Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (OJ L 224, 18.8.1990, p. 62).
(13) Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC (OJ L 268, 14.9.1992, p. 54).
ANNEX
Annexes III, VIII, XV, XXVIII and XXIX to Delegated Regulation (EU) 2020/692 are amended as follows:
(1) |
Annex III is amended as follows:
|
(2) |
in Annex VIII, point 1, footnote (**) is replaced by the following:
|
(3) |
in Annex XV, point 2 is replaced by the following: ‘2. ANIMAL HEALTH REQUIREMENTS FOR POULTRY AND HATCHING EGGS ORIGINATING FROM A THIRD COUNTRY OR TERRITORY OR ZONE THEREOF WHERE VACCINES USED AGAINST INFECTION WITH NEWCASTLE DISEASE VIRUS DO NOT MEET THE SPECIFIC CRITERIA SET OUT IN POINT 1 Poultry and hatching eggs originating from a third country or territory or zone thereof where vaccines used against infection with Newcastle disease virus do not meet the specific criteria set out in point 1.2 must meet the requirements set out below:
|
(4) |
in Annex XXVIII, in point 1, in the table, in the third row, the entry for dried egg white is replaced by the following:
|
(5) |
in Annex XXIX, the table is amended by including the text below directly above the line which refers to the disease Spring viraemia of carp (SVC) and its susceptible species:
|
24.9.2021 |
EN |
Official Journal of the European Union |
L 339/56 |
COMMISSION DELEGATED REGULATION (EU) 2021/1706
of 14 July 2021
amending and correcting Delegated Regulation (EU) 2020/688 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council, as regards animal health requirements for movements within the Union of terrestrial animals and hatching eggs
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Article 131(1), Article 135, Article 136(2), Article 140, Article 144(1), Article 147 and Article 156(1) thereof,
Whereas:
(1) |
Regulation (EU) 2016/429 lays down rules for the prevention and control of animal diseases that are transmissible to animals or humans. That Regulation lays down in its Part IV, Title I, Chapters 3, 4 and 5 the animal health requirements for movements within the Union of kept and wild terrestrial animals and germinal products thereof. |
(2) |
Commission Delegated Regulation (EU) 2020/688 (2) supplements the rules for the prevention and control of animal diseases transmissible to animals or to humans laid down in Article 5(1) of Regulation (EU) 2016/429 as regards movements within the Union of kept terrestrial animals, wild terrestrial animals and hatching eggs. |
(3) |
Part II, Chapter 3, Section 1 of Delegated Regulation (EU) 2020/688 lays down the requirements for movements of productive poultry, including the residency period in the establishment of origin. In particular, specific residency periods are laid down for productive poultry for the production of meat or eggs for consumption and for productive poultry for restocking supplies of game birds, but not for productive poultry for the production of other products. A specific residency period should, therefore, be laid down also for that category of productive poultry. |
(4) |
Article 36 of Delegated Regulation (EU) 2020/688 lays down the requirements for the movement of day-old chicks to another Member State and Article 37 thereof provides for a the derogation from the requirements for the movements of poultry in case of movements of less than 20 heads of poultry other than ratites, including day-old chicks, and lays down specific requirements for such movements. Articles 112 to 114 of Commission Delegated Regulation (EU) 2020/692 (3) lay down the animal health requirements for movement and handling of poultry hatched from hatching eggs which have entered the Union from a third country or territory or zone thereof. In order to comply with those requirements Article 36 of Delegated Regulation (EU) 2020/688 provides that, in the case of day-old chicks that have hatched from hatching eggs which had entered the Union from a third country, territory or zone thereof and which are moved to another Member State, the competent authority of the Member State of origin should inform the competent authority of the Member State of intended destination. This requirement is, however, not included in Article 37 of that Regulation for the movements of less than 20 heads of poultry other than ratites when the movement concerns day-old chicks. For the sake of consistency, the information requirement in Delegated Regulation (EU) 2020/688 should, therefore, similarly apply to the movement between Member States of less than 20 heads of poultry other than ratites. |
(5) |
The definition of ‘assembly operation’, laid down in Article 4, point (49), of Regulation (EU) 2016/429, refers to a period which is shorter than the residency period established for the species of animals concerned for the purposes of assembling of kept terrestrial animals from more than one establishment. However, Delegated Regulation (EU) 2020/688 does not lay down a specific residency period for kept ungulates intended for slaughter, except for ovine and caprine animals intended for slaughter not individually identified in accordance with Article 45 of Commission Delegated Regulation (EU) 2019/2035 (4), for which a residency period is laid down in Article 18 of Delegated Regulation (EU) 2020/688. It is, therefore, necessary to specify the residency period in relation to the definition of assembly operation for those kept ungulates intended for slaughter for which a residency period is not laid down in Delegated Regulation (EU) 2020/688. This should only apply after the animals leave the establishment of origin. |
(6) |
‘Assembly centre of dogs, cats and ferrets’ is defined in Article 2, point (7), of Delegated Regulation (EU) 2019/2035 and the requirements for granting the approval are laid down in Article 10 of that Regulation. Delegated Regulation (EU) 2020/688, however, does not provide for movements of dogs, cats and ferrets to another Member State from such assembly centres. In order to make the assembly centre of dogs, cats and ferrets functional, it is necessary to lay down requirements for the movement of dogs, cats and ferrets to other Member States when animals from more than one establishment are assembled after leaving the establishment of origin. |
(7) |
Delegated Regulation (EU) 2020/688 provides that racing pigeons moved to sporting events in another Member State are to comply with the requirements for the movement of captive birds, including the residency period, and are accompanied by an animal health certificate. However, these obligations limit the possibility for those animals to train for and participate in sporting events. Delegated Regulation (EU) 2020/688 should, therefore, be amended to exclude racing pigeons moved to sporting events in another Member State from the requirements to comply with a residency period and to be accompanied by an animal health certificate. |
(8) |
Article 101 of Delegated Regulation (EU) 2020/688 lays down requirements for movements of wild terrestrial animals from their habitat to a habitat or an establishment in another Member State. The rules in that Article apply to all species of terrestrial animals. However, the animal health requirements established in Article 101(4), point (c), and in Article 101(5) of Delegated Regulation (EU) 2020/688 are more specific and are only relevant for, and therefore should apply only to, animals of certain species. Therefore, it is necessary to amend Delegated Regulation (EU) 2020/688 and clarify that Article 101(4), point (c) and Article 101(5) of that Delegated Regulation apply only to wild animals of the species which are listed for each specific disease in accordance with Commission Implementing Regulation (EU) 2018/1882 (5). |
(9) |
Annex II to Delegated Regulation (EU) 2020/688 lays down the minimum pre-movement requirements as regards infection with Mycobacterium tuberculosis complex (M. bovis, M. caprae and M. tuberculosis) in caprine, camelid and cervid animals. However, the testing regime established in case of caprine and camelid animals kept on establishments where the disease has been reported is more restrictive than that for cervid animals. This difference is unnecessary and unjustified, and the testing regimes for caprine and camelid animals in Annex II of Delegated Regulation (EU) 2020/688 should, therefore, be corrected to provide for the same possibility of tests to be performed as that for cervid animals for that particular disease. |
(10) |
Furthermore, Part 1, point 2, of Annex II to Delegated Regulation (EU) 2020/688 provides for a derogation from the requirement for annual testing of all caprine animals kept on the establishment for breeding purposes, under specific conditions. It is necessary to amend Part 1, point 2(a), of Annex II to Delegated Regulation (EU) 2020/688 to clarify which of the provisions of Part 1, point 1, of that Annex should be fulfilled in case of such a derogation. |
(11) |
Delegated Regulation (EU) 2020/688 contains certain references to Commission Delegated Regulation (EU) 2020/689 (6) that are not accurate and should, therefore, be corrected. |
(12) |
In the interests of simplicity and transparency, as well as to facilitate the application of the rules and avoid duplication, these rules should be laid down in a single act rather than in a number of cross-referenced separate acts. This approach is also in line with the approach adopted in Regulation (EU) 2016/429, which favours the streamlining of Union rules to facilitate their application and reduce the administrative burden, as well as in Delegated Regulation (EU) 2020/688, |
HAS ADOPTED THIS REGULATION:
Article 1
Delegated Regulation (EU) 2020/688 is amended as follows:
(1) |
in Article 34, paragraph 1 is amended as follows:
|
(2) |
Article 37 is replaced by the following: ‘Article 37 Derogation for movements of less than 20 heads of poultry other than ratites 1. By way of derogation from the requirements set out in Articles 34, 35 and 36, operators may move less than 20 heads of poultry other than ratites to another Member State when the following requirements are fulfilled:
2. In the case of day-old chicks hatched from hatching eggs which have entered into the Union from a third country or territory or zone thereof, the competent authority of the Member State of origin of those day-old chicks shall inform the competent authority of the Member State of intended destination that the hatching eggs had entered the Union from a third country.’; |
(3) |
in Article 43, the following paragraph (4) is added: ‘4. In case of kept ungulates intended for slaughter, except ovine and caprine animals not individually identified in accordance with Article 45 of Delegated Regulation (EU) 2019/2035, the assembly of animals from more than one establishment for a period of less than 20 days, after leaving the establishment of origin, shall be considered as an assembly operation.’; |
(4) |
in Article 53, the following point is added:
|
(5) |
Article 68 is replaced by the following: ‘Article 68 Specific requirements for movements of racing pigeons to sporting events in another Member State Operators shall only move racing pigeons to sporting events in another Member State when those animals fulfil the conditions in Article 59, with the exception of the residency period laid down in Article 59(1), point (a).’; |
(6) |
in Article 71, paragraph 1 is replaced by the following: ‘1. Operators shall only move captive birds except racing pigeons to sporting events, honeybees, bumble bees except bumble bees from approved environmentally isolated production establishments, primates, dogs, cats, ferrets or other carnivores to another Member State if they are accompanied by an animal health certificate issued by the competent authority of the Member State of origin.’; |
(7) |
Article 81 is amended as follows:
|
(8) |
Article 101 is amended as follows:
|
Article 2
Annex II to Delegated Regulation (EU) 2020/688 is corrected in accordance with the Annex to this Regulation.
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 July 2021.
For the Commission
The President
Ursula VON DER LEYEN
(2) Commission Delegated Regulation (EU) 2020/688 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council, as regards animal health requirements for movements within the Union of terrestrial animals and hatching eggs (OJ L 174, 3.6.2020, p. 140).
(3) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).
(4) Commission Delegated Regulation (EU) 2019/2035 of 28 June 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for establishments keeping terrestrial animals and hatcheries, and the traceability of certain kept terrestrial animals and hatching eggs (OJ L 314, 5.12.2019, p. 115).
(5) Commission Implementing Regulation (EU) 2018/1882 of 3 December 2018 on the application of certain disease prevention and control rules to categories of listed diseases and establishing a list of species and groups of species posing a considerable risk for the spread of those listed diseases (OJ L 308, 4.12.2018, p. 21).
(6) Commission Delegated Regulation (EU) 2020/689 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for surveillance, eradication programmes, and disease-free status for certain listed and emerging diseases (OJ L 174, 3.6.2020, p. 211).
ANNEX
Annex II to Delegated Regulation (EU) 2020/688 is corrected as follows:
(1) |
Part 1 is corrected as follows:
|
(2) |
in Part 2, point 3 is replaced by the following:
|
24.9.2021 |
EN |
Official Journal of the European Union |
L 339/62 |
COMMISSION IMPLEMENTING REGULATION (EU) 2021/1707
of 22 September 2021
amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 183(b) thereof,
Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 5(6)(a) thereof,
Whereas:
(1) |
Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin. |
(2) |
Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin. |
(3) |
Regulation (EC) No 1484/95 should therefore be amended accordingly. |
(4) |
Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 1484/95 is replaced by the text set out in 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, 22 September 2021.
For the Commission,
On behalf of the President,
Wolfgang BURTSCHER
Director-General
Directorate-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 671.
(2) OJ L 150, 20.5.2014, p. 1.
(3) Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC (OJ L 145, 29.6.1995, p. 47).
ANNEX
‘ANNEX I
NC code |
Description of goods |
Representative price (EUR/100 kg) |
Security under Article 3 (EUR/100 kg) |
Origin (1) |
0207 14 10 |
Fowls of the species Gallus domesticus, boneless cuts, frozen |
196,7 |
32 |
BR |
(1) Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7).
24.9.2021 |
EN |
Official Journal of the European Union |
L 339/65 |
COMMISSION IMPLEMENTING REGULATION (EU) 2021/1708
of 23 September 2021
adding to the 2021 fishing quotas certain quantities withheld in the year 2020 pursuant to Article 4(2) of Council Regulation (EC) No 847/96
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (1), and in particular Article 4(2) thereof,
Whereas:
(1) |
Pursuant to Article 4(2) of Regulation (EC) No 847/96, Member States may, before 31 October of the year of application of a fishing quota allocated to them, ask the Commission to withhold a maximum of 10 % of the quota and to transfer it to the following year. |
(2) |
Council Regulations (EU) 2018/2025 (2), (EU) 2019/1838 (3), (EU) 2019/2236 (4) and (EU) 2020/123 (5) fix fishing quotas for certain stocks for 2020 and specify which stocks may be subject to the measures provided for in Regulation (EC) No 847/96. |
(3) |
Council Regulations (EU) 2020/1579 (6), (EU) 2021/90 (7), (EU) 2021/91 (8) and (EU) 2021/92 (9) fix fishing quotas for certain stocks for 2021. |
(4) |
Certain Member States have requested, before 31 October 2020, pursuant to Article 4(2) of Regulation (EC) No 847/96, that part of their quotas for 2020 for the stocks listed in the Annex to this Regulation be withheld and transferred to the following year. Subject to the limits indicated in that Regulation, the quantities withheld should be added to the quotas for 2021. |
(5) |
For the purposes of this flexibility exercise, the eligibility of requested stock transfers and the state of exploitation of these stocks have been verified and taken into account. Therefore these stocks can be subject to the transfer of quota withheld from 2020 to 2021 in line with Article 4(2) of Regulation (EC) No 847/96. |
(6) |
In order to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of living marine biological resources, hinder the achievement of the objectives of the Common Fisheries Policy and deteriorate the biological status of the stocks, the year-to-year flexibility provided for by Article 15(9) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (10) is excluded for the stocks listed in the Annex to this Regulation. |
(7) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture, |
HAS ADOPTED THIS REGULATION:
Article 1
The fishing quotas fixed for 2021 in Regulations (EU) 2020/1579, (EU) 2021/90, (EU) 2021/91 and (EU) 2021/92 are increased as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the seventh 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, 23 September 2021.
For the Commission
The President
Ursula VON DER LEYEN
(2) Council Regulation (EU) 2018/2025 of 17 December 2018 fixing for 2019 and 2020 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 325, 20.12.2018, p. 7).
(3) Council Regulation (EU) 2019/1838 of 30 October 2019 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2019/124 as regards certain fishing opportunities in other waters (OJ L 281, 31.10.2019, p. 1).
(4) Council Regulation (EU) 2019/2236 of 16 December 2019 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas (OJ L 336, 30.12.2019, p. 14).
(5) Council Regulation (EU) 2020/123 of 27 January 2020 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters (OJ L 25, 30.1.2020, p. 1).
(6) Council Regulation (EU) 2020/1579 of 29 October 2020 fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2020/123 as regards certain fishing opportunities in other waters (OJ L 362, 30.10.2020, p. 3).
(7) Council Regulation (EU) 2021/90 of 28 January 2021 fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas (OJ L 31, 29.1.2021, p. 1).
(8) Council Regulation (EU) 2021/91 of 28 January 2021 fixing, for the years 2021 and 2022, the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 31, 29.1.2021, p. 20).
(9) Council Regulation (EU) 2021/92 of 28 January 2021 fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters (OJ L 31, 29.1.2021 p. 31).
(10) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
ANNEX
Coun-try ID |
Stock Id |
Species |
Zone name |
Final Quota 2020 (1) (in tonnes) |
Catches 2020 (in tonnes) |
Special condition (2) catches 2020 (in tonnes) |
% final quota |
Transferred quantity (in tonnes) |
BE |
ANF/*8ABDE |
Anglerfish |
8a, 8b, 8d and 8e (special condition to ANF/07.) |
360,128 |
82,820 |
0 |
23 |
36,013 |
BE |
ANF/07. |
Anglerfish |
7 |
2 761,522 |
1 111,675 |
82,820 |
43,25 |
276,152 |
BE |
HAD/*2AC4. |
Haddock |
4; Union waters of 2a (special condition to HAD/5BC6A.) |
0,445 |
0 |
0 |
0 |
0,045 |
BE |
HAD/07A. |
Haddock |
7a |
56,447 |
3,619 |
0 |
6,41 |
5,645 |
BE |
HAD/2AC4. |
Haddock |
4; Union waters of 2a |
236,000 |
40,005 |
0 |
16,95 |
23,600 |
BE |
HAD/6B1214 |
Haddock |
Union and international waters of 6b, 12 and 14 |
28,501 |
0 |
0 |
0 |
2,850 |
BE |
HAD/7X7A34 |
Haddock |
7b-k, 8, 9 and 10; Union waters of CECAF 34.1.1 |
127,830 |
107,184 |
0 |
83,85 |
12,783 |
BE |
HER/*04B. |
Herring |
4b (special condition to HER/4CXB7D) |
4 803,427 |
10,906 |
0 |
0,23 |
480,343 |
BE |
HER/*25B-F |
Herring |
2, 5b north of 62° N (Faroese waters) (special condition to HER/1/2-) |
2,200 |
0 |
0 |
0 |
0,220 |
BE |
HER/4CXB7D |
Herring |
4c, 7d except Blackwater stock |
133,811 |
104,389 |
10,906 |
86,16 |
13,381 |
BE |
HKE/*03A. |
Hake |
3a (special condition to HKE/2AC4-C) |
6,310 |
0 |
0 |
0 |
0,631 |
BE |
HKE/*57-14 |
Hake |
6 and 7; Union and international waters of 5b; international waters of 12 and 14 (special condition to HKE/8ABDE.) |
4,544 |
0 |
0 |
0 |
0,454 |
BE |
HKE/*8ABDE |
Hake |
8a, 8b, 8d and 8e (special condition to HKE/571214) |
85,327 |
0 |
0 |
0 |
8,533 |
BE |
HKE/2AC4-C |
Hake |
Union waters of 2a and 4 |
63,674 |
25,622 |
0 |
40,24 |
6,367 |
BE |
HKE/571214 |
Hake |
6 and 7; Union and international waters of 5b; international waters of 12 and 14 |
646,932 |
41,880 |
0 |
6,47 |
64,693 |
BE |
HKE/8ABDE. |
Hake |
8a, 8b, 8d and 8e |
21,412 |
14,503 |
0 |
67,73 |
2,141 |
BE |
JAX/2A-14 |
Horse mackerel and associated by-catches |
Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 |
4,076 |
0,055 |
0 |
1,35 |
0,408 |
BE |
LEZ/2AC4-C |
Megrims |
Union waters of 2a and 4 |
9,992 |
0,859 |
0 |
8,60 |
0,999 |
BE |
MAC/*02AN- |
Mackerel |
Norwegian waters of 2a (special condition to MAC/2A34.) |
83,700 |
0 |
0 |
0 |
8,370 |
BE |
MAC/*FRO1 |
Mackerel |
Faroese waters (special condition to MAC/2A34.) |
85,800 |
0 |
0 |
0 |
8,580 |
BE |
MAC/2A34. |
Mackerel |
3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32 |
89,447 |
73,868 |
0 |
82,58 |
8,945 |
BE |
MAC/2CX14- |
Mackerel |
6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14 |
56,163 |
48,879 |
0 |
87,03 |
5,616 |
BE |
NEP/07. |
Norway lobster |
7 |
3,468 |
2,795 |
0 |
80,59 |
0,347 |
BE |
NEP/2AC4-C |
Norway lobster |
Union waters of 2a and 4 |
1 517,321 |
674,836 |
0 |
44,48 |
151,732 |
BE |
NEP/8ABDE. |
Norway lobster |
8a, 8b, 8d and 8e |
1,155 |
0 |
0 |
0 |
0,116 |
BE |
PLE/07A. |
Plaice |
7a |
184,890 |
84,258 |
0 |
45,57 |
18,489 |
BE |
PLE/2A3AX4 |
Plaice |
4; Union waters of 2a; that part of 3a not covered by the Skagerrak and the Kattegat |
6 183,279 |
2 569,217 |
0 |
41,55 |
618,328 |
BE |
POK/2C3A4 |
Saithe |
3a and 4; Union waters of 2a |
8,581 |
4,612 |
0 |
53,75 |
0,858 |
BE |
SOL/07E. |
Common sole |
7e |
69,421 |
58,017 |
0 |
83,57 |
6,942 |
BE |
SOL/24-C. |
Common sole |
Union waters of 2a and 4 |
1 570,085 |
240,245 |
0 |
15,30 |
157,009 |
BE |
SOL/7FG. |
Common sole |
7f and 7g |
1 183,919 |
1 121,309 |
0 |
94,71 |
62,610 |
BE |
SOL/8AB. |
Common sole |
8a and 8b |
330,680 |
299,178 |
0 |
90,47 |
31,502 |
BE |
WHG/2AC4. |
Whiting |
4; Union waters of 2a |
235,871 |
211,374 |
0 |
89,61 |
23,587 |
BE |
WHG/7X7A-C |
Whiting |
7b, 7c, 7d, 7e, 7f, 7g, 7h, 7j and 7k |
212,388 |
127,086 |
0 |
59,84 |
21,239 |
DE |
ANF/*8ABDE |
Anglerfish |
8a, 8b, 8d and 8e (special condition to ANF/07.) |
40,180 |
0 |
0 |
0 |
4,018 |
DE |
ANF/07. |
Anglerfish |
7 |
480,770 |
359,005 |
0 |
74,67 |
48,077 |
DE |
BLI/5B67- |
Blue ling |
Union and international waters of 5b, 6 and 7 |
126,201 |
0 |
0 |
0 |
12,620 |
DE |
GHL/2A-C46 |
Greenland halibut |
Union waters of 2a and 4; Union and international waters of 5b and 6 |
16,304 |
0 |
0 |
0 |
1,630 |
DE |
HAD/*2AC4. |
Haddock |
4; Union waters of 2a (special condition to HAD/5BC6A.) |
0,547 |
0 |
0 |
0 |
0,055 |
DE |
HAD/03A. |
Haddock |
3a |
121,727 |
12,558 |
0 |
10,32 |
12,173 |
DE |
HAD/2AC4. |
Haddock |
4; Union waters of 2a |
779,741 |
140,387 |
231,534 |
47,70 |
77,974 |
DE |
HAD/5BC6A. |
Haddock |
Union and international waters of 5b and 6a |
3,466 |
0 |
0 |
0 |
0,347 |
DE |
HAD/6B1214 |
Haddock |
Union and international waters of 6b, 12 and 14 |
31,239 |
0 |
0 |
0 |
3,124 |
DE |
HAD/7X7A34 |
Haddock |
7b-k, 8, 9 and 10; Union waters of CECAF 34.1.1 |
0,500 |
0,273 |
0 |
54,60 |
0,050 |
DE |
HER/*04B. |
Herring |
4b (special condition to HER/4CXB7D) |
356,955 |
175,000 |
0 |
49,03 |
35,696 |
DE |
HER/*04-C. |
Herring |
Union waters of 4 (special condition to HER/03A.) |
94,144 |
0 |
0 |
0 |
9,414 |
DE |
HER/*25B-F |
Herring |
2, 5b north of 62° N (Faroese waters) (special condition to HER/1/2-) |
450,412 |
26,838 |
0 |
5,96 |
45,041 |
DE |
HER/03A. |
Herring |
3a |
165,834 |
155,239 |
0 |
93,61 |
10,595 |
DE |
HER/03A-BC |
Herring |
3a |
56,666 |
0 |
0 |
0 |
5,667 |
DE |
HER/1/2- |
Herring |
Union, Faroese, Norwegian and international waters of 1 and 2 |
2 916,692 |
2 774,269 |
26,838 |
96,04 |
115,585 |
DE |
HER/3D-R30 |
Herring |
Union waters of Subdivisions 25-27, 28.2, 29 and 32 |
927,872 |
835,268 |
0 |
90,02 |
92,604 |
DE |
HER/4CXB7D |
Herring |
4c, 7d except Blackwater stock |
8 649,383 |
8 421,322 |
175,000 |
99,39 |
53,061 |
DE |
HER/7G-K. |
Herring |
7g, 7h, 7j and 7k |
31,457 |
0 |
0 |
0 |
3,146 |
DE |
HKE/*03A. |
Hake |
3a (special condition to HKE/2AC4-C) |
29,680 |
3,291 |
0 |
11,09 |
2,968 |
DE |
HKE/*8ABDE |
Hake |
8a, 8b, 8d and 8e (special condition to HKE/571214) |
0,020 |
0 |
0 |
0 |
0,002 |
DE |
HKE/2AC4-C |
Hake |
Union waters of 2a and 4 |
219,785 |
137,511 |
3,291 |
64,06 |
21,979 |
DE |
HKE/571214 |
Hake |
6 and 7; Union and international waters of 5b; international waters of 12 and 14 |
16,314 |
14,691 |
0 |
90,05 |
1,623 |
DE |
JAX/*07D. |
Horse mackerel and associated by-catches |
7d (special condition to JAX/2A-14) |
266,747 |
0 |
0 |
0 |
26,675 |
DE |
JAX/2A-14 |
Horse mackerel and associated by-catches |
Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 |
8 633,716 |
944,627 |
94,980 |
12,04 |
863,372 |
DE |
LEZ/07. |
Megrims |
7 |
0,022 |
0 |
0 |
0 |
0,002 |
DE |
LEZ/2AC4-C |
Megrims |
Union waters of 2a and 4 |
5,778 |
2,249 |
0 |
38,92 |
0,578 |
DE |
MAC/*02AN- |
Mackerel |
Norwegian waters of 2a (special condition to MAC/2A34.) |
89,127 |
0 |
0 |
0 |
8,913 |
DE |
MAC/*2AN- |
Mackerel |
Norwegian waters of 2a (special condition to MAC/2CX14-) |
2 058,188 |
0 |
0 |
0 |
205,819 |
DE |
MAC/*4A-EN |
Mackerel |
Union waters of 2a; Union and Norwegian waters of 4a (special condition to MAC/2CX14-) |
14 979,951 |
14 800,004 |
0 |
98,80 |
179,947 |
DE |
MAC/*8ABD. |
Mackerel |
8a, 8b and 8d (special condition to MAC/8C3411) |
989,015 |
895,731 |
0 |
90,57 |
93,284 |
DE |
MAC/*8C910 |
Mackerel |
8c, 9 and 10 and Union waters of CECAF 34.1.1 (special condition to MAC/2CX14-) |
6 268,850 |
0 |
0 |
0 |
626,885 |
DE |
MAC/*FRO1 |
Mackerel |
Faroese waters (special condition to MAC/2A34.) |
90,970 |
0 |
0 |
0 |
9,097 |
DE |
MAC/*FRO2 |
Mackerel |
Faroese waters (special condition to MAC/2CX14-) |
2 104,887 |
168,707 |
0 |
8,02 |
210,489 |
DE |
MAC/8C3411 |
Mackerel |
8c, 9 and 10; Union waters of CECAF 34.1.1 |
989,468 |
0 |
895,731 |
90,53 |
93,737 |
DE |
NEP/03A. |
Norway lobster |
3a |
31,466 |
17,345 |
0 |
55,12 |
3,147 |
DE |
NEP/2AC4-C |
Norway lobster |
Union waters of 2a and 4 |
435,277 |
258,235 |
0 |
59,33 |
43,528 |
DE |
OTH/*07D. |
By-catches of boarfish and whiting |
7d (special condition to JAX/2A-14) |
15,793 |
0 |
0 |
0 |
1,579 |
DE |
OTH/*2A-14 |
By-catches of boarfish, haddock, whiting and mackerel |
Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 (special condition to JAX/2A-14) |
324,109 |
94,980 |
0 |
29,30 |
32,411 |
DE |
PLE/03AN. |
Plaice |
Skagerrak |
97,726 |
49,454 |
0 |
50,60 |
9,773 |
DE |
PLE/03AS. |
Plaice |
Kattegat |
12,875 |
1,947 |
0 |
15,12 |
1,288 |
DE |
PLE/2A3AX4 |
Plaice |
4; Union waters of 2a; that part of 3a not covered by the Skagerrak and the Kattegat |
5 428,871 |
1 388,746 |
11,548 |
25,79 |
542,887 |
DE |
PLE/3BCD-C |
Plaice |
Union waters of subdivisions 22-32 |
1 203,648 |
1 083,428 |
0 |
90,01 |
120,220 |
DE |
PLE/7DE. |
Plaice |
7d and 7e |
2,000 |
0,554 |
0 |
27,70 |
0,200 |
DE |
POK/2C3A4 |
Saithe |
3a and 4; Union waters of 2a |
8 055,142 |
6 878,514 |
0 |
85,39 |
805,514 |
DE |
POK/56-14 |
Saithe |
6; Union and international waters of 5b, 12 and 14 |
44,968 |
0 |
0 |
0 |
4,497 |
DE |
SOL/24-C. |
Common sole |
Union waters of 2a and 4 |
1 293,792 |
915,597 |
0 |
70,77 |
129,379 |
DE |
SOL/3ABC24 |
Common sole |
3a; Union waters of Subdivisions 22-24 |
26,311 |
23,752 |
0 |
90,27 |
2,559 |
DE |
SPR/3BCD-C |
Sprat |
Union waters of Subdivisions 22-32 |
9 281,828 |
8 927,746 |
0 |
96,19 |
354,082 |
DE |
WHB/*05-F. |
Blue whiting |
Faroese waters (special condition to WHB/1X14) |
3 897,007 |
2 120,256 |
0 |
54,41 |
389,701 |
DE |
WHB/1X14 |
Blue whiting |
Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 |
45 723,053 |
39 111,854 |
2 120,256 |
90,18 |
4 490,943 |
DE |
WHG/2AC4. |
Whiting |
4; Union waters of 2a |
237,286 |
178,425 |
35,823 |
90,29 |
23,038 |
DE |
WHG/7X7A-C |
Whiting |
7b, 7c, 7d, 7e, 7f, 7g, 7h, 7j and 7k |
8,000 |
0,544 |
0 |
6,80 |
0,800 |
DK |
GHL/2A-C46 |
Greenland halibut |
Union waters of 2a and 4; Union and international waters of 5b and 6 |
15,578 |
0 |
0 |
0 |
1,558 |
DK |
HAD/03A. |
Haddock |
3a |
1 945,122 |
307,499 |
0 |
15,81 |
194,512 |
DK |
HAD/2AC4. |
Haddock |
4; Union waters of 2a |
1 643,265 |
553,909 |
620,727 |
71,48 |
164,327 |
DK |
HER/*04B. |
Herring |
4b (special condition to HER/4CXB7D) |
449,264 |
0 |
0 |
0 |
44,926 |
DK |
HER/*04-C. |
Herring |
Union waters of 4 (special condition to HER/03A.) |
5 851,356 |
4 750,019 |
0 |
81,18 |
585,136 |
DK |
HER/*25B-F |
Herring |
2, 5b north of 62° N (Faroese waters) (special condition to HER/1/2-) |
2 823,962 |
0 |
0 |
0 |
282,396 |
DK |
HER/03A-BC |
Herring |
3a |
6 324,353 |
913,891 |
0 |
14,45 |
632,435 |
DK |
HER/1/2- |
Herring |
Union, Faroese, Norwegian and international waters of 1 and 2 |
17 254,997 |
3 038,584 |
13 484,836 |
95,76 |
731,577 |
DK |
HER/2A47DX |
Herring |
4, 7d and Union waters of 2a |
9 821,258 |
9 804,086 |
0 |
99,83 |
17,172 |
DK |
HER/3D-R30 |
Herring |
Union waters of Subdivisions 25-27, 28.2, 29 and 32 |
10 729,369 |
9 232,276 |
0 |
86,05 |
1 072,937 |
DK |
HER/4CXB7D |
Herring |
4c, 7d except Blackwater stock |
88,885 |
0 |
0 |
0 |
8,889 |
DK |
HKE/*03A. |
Hake |
3a (special condition to HKE/2AC4-C) |
259,039 |
0 |
0 |
0 |
25,904 |
DK |
HKE/03A. |
Hake |
3a |
3 498,148 |
503,754 |
0 |
14,40 |
349,815 |
DK |
HKE/2AC4-C |
Hake |
Union waters of 2a and 4 |
2 590,431 |
861,680 |
0 |
33,26 |
259,043 |
DK |
HKE/571214 |
Hake |
6 and 7; Union and international waters of 5b; international waters of 12 and 14 |
0,531 |
0,392 |
0 |
73,82 |
0,053 |
DK |
JAX/2A-14 |
Horse mackerel and associated by-catches |
Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 |
8 682,447 |
5 544,006 |
101,936 |
65,03 |
868,245 |
DK |
LEZ/2AC4-C |
Megrims |
Union waters of 2a and 4 |
54,038 |
24,999 |
0 |
46,26 |
5,404 |
DK |
MAC/2CX14- |
Mackerel |
6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14 |
3 016,543 |
2 944,102 |
0 |
97,60 |
72,441 |
DK |
NEP/03A. |
Norway lobster |
3a |
11 198,756 |
3 980,089 |
0 |
35,54 |
1 119,876 |
DK |
NEP/2AC4-C |
Norway lobster |
Union waters of 2a and 4 |
1 532,548 |
200,439 |
0 |
13,08 |
153,255 |
DK |
OTH/*2A-14 |
By-catches of boarfish, haddock, whiting and mackerel |
Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 (special condition to JAX/2A-14) |
404,578 |
101,936 |
0 |
25,20 |
40,458 |
DK |
PLE/03AN. |
Plaice |
Skagerrak |
14 784,742 |
5 068,120 |
0 |
34,28 |
1 478,474 |
DK |
PLE/03AS. |
Plaice |
Kattegat |
1 183,195 |
261,547 |
0 |
22,11 |
118,320 |
DK |
PLE/2A3AX4 |
Plaice |
4; Union waters of 2a; that part of 3a not covered by the Skagerrak and the Kattegat |
20 049,884 |
3 362,767 |
2 275,459 |
28,12 |
2 004,988 |
DK |
PLE/3BCD-C |
Plaice |
Union waters of Subdivisions 22-32 |
5 473,160 |
2 754,146 |
0 |
50,32 |
547,316 |
DK |
POK/2C3A4 |
Saithe |
3a and 4; Union waters of 2a |
4 400,658 |
3 790,835 |
0 |
86,14 |
440,066 |
DK |
POK/56-14 |
Saithe |
6; Union and international waters of 5b, 12 and 14 |
0,361 |
0 |
0 |
0 |
0,036 |
DK |
SOL/24-C. |
Common sole |
Union waters of 2a and 4 |
723,091 |
122,816 |
0 |
16,98 |
72,309 |
DK |
SOL/3ABC24 |
Common sole |
3a; Union waters of Subdivisions 22-24 |
484,418 |
312,721 |
0 |
64,56 |
48,442 |
DK |
SPR/3BCD-C |
Sprat |
Union waters of Subdivisions 22-32 |
28 441,408 |
26 509,027 |
0 |
93,21 |
1 932,381 |
DK |
WHB/*05-F. |
Blue whiting |
Faroese waters (special condition to WHB/1X14) |
5 831,437 |
0 |
0 |
0 |
583,144 |
DK |
WHB/1X14 |
Blue whiting |
Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 |
63 233,761 |
58 126,115 |
10,827 |
91,94 |
5 096,819 |
DK |
WHG/2AC4. |
Whiting |
4; Union waters of 2a |
773,933 |
123,330 |
86,452 |
27,11 |
77,393 |
DK |
WHG/7X7A-C |
Whiting |
7b, 7c, 7d, 7e, 7f, 7g, 7h, 7j and 7k |
2,210 |
2,171 |
0 |
98,24 |
0,039 |
EE |
BLI/5B67- |
Blue ling |
Union and international waters of 5b, 6 and 7 |
18,989 |
0 |
0 |
0 |
1,899 |
EE |
HER/03D.RG |
Herring |
Subdivision 28.1 |
13 922,798 |
12 230,565 |
0 |
87,85 |
1 392,280 |
EE |
HER/3D-R30 |
Herring |
Union waters of Subdivisions 25-27, 28.2, 29 and 32 |
19 057,889 |
16 377,400 |
0 |
85,94 |
1 905,789 |
EE |
SPR/3BCD-C |
Sprat |
Union waters of Subdivisions 22-32 |
25 510,718 |
24 309,731 |
0 |
95,29 |
1 200,987 |
ES |
ANE/08. |
Anchovy |
8 |
28 447,871 |
25 558,959 |
0 |
89,84 |
2 844,787 |
ES |
ANF/*8ABDE |
Anglerfish |
8a, 8b, 8d and 8e (special condition to ANF/07.) |
143,074 |
0 |
0 |
0 |
14,307 |
ES |
ANF/07. |
Anglerfish |
7 |
3 035,909 |
2 864,065 |
0 |
94,34 |
171,844 |
ES |
ANF/8ABDE. |
Anglerfish |
8a, 8b, 8d and 8e |
1 383,530 |
744,639 |
0 |
53,82 |
138,353 |
ES |
ANF/8C3411 |
Anglerfish |
8c, 9 and 10; Union waters of CECAF 34.1.1 |
3 681,024 |
886,073 |
0 |
24,07 |
368,102 |
ES |
BLI/5B67- |
Blue ling |
Union and international waters of 5b, 6 and 7 |
397,670 |
271,634 |
0 |
68,31 |
39,767 |
ES |
GHL/2A-C46 |
Greenland halibut |
Union waters of 2a and 4; Union and international waters of 5b and 6 |
109,700 |
25,406 |
0 |
23,16 |
10,970 |
ES |
HER/*25B-F |
Herring |
2, 5b north of 62° N (Faroese waters) (special condition to HER/1/2-) |
8,550 |
0 |
0 |
0 |
0,855 |
ES |
HER/1/2- |
Herring |
Union, Faroese, Norwegian and international waters of 1 and 2 |
41,654 |
0 |
0 |
0 |
4,165 |
ES |
HKE/*57-14 |
Hake |
6 and 7; Union and international waters of 5b; international waters of 12 and 14 (special condition to HKE/8ABDE.) |
4 670,694 |
0 |
0 |
0 |
467,069 |
ES |
HKE/*8ABDE |
Hake |
8a, 8b, 8d and 8e (special condition to HKE/571214) |
3 424,552 |
0 |
0 |
0 |
342,455 |
ES |
HKE/571214 |
Hake |
6 and 7; Union and international waters of 5b; international waters of 12 and 14 |
21 873,305 |
16 355,164 |
0 |
74,77 |
2 187,331 |
ES |
HKE/8ABDE. |
Hake |
8a, 8b, 8d and 8e |
14 757,734 |
8 086,758 |
0 |
54,80 |
1 475,773 |
ES |
HKE/8C3411 |
Hake |
8c, 9 and 10; Union waters of CECAF 34.1.1 |
6 900,174 |
6 552,227 |
0 |
94,96 |
347,947 |
ES |
JAX/*08C. |
Horse mackerel and associated by-catches |
8c (special condition to JAX/2A-14) |
12 038,172 |
9 912,610 |
0 |
82,34 |
1 203,817 |
ES |
JAX/*08C2 |
Horse mackerel and associated by-catches |
8c (special condition to JAX/2A-14) |
6 593,145 |
0 |
0 |
0 |
659,315 |
ES |
JAX/*09. |
Horse mackerel |
9 (special condition to JAX/08C.) |
1 178,295 |
0 |
0 |
0 |
117,830 |
ES |
JAX/08C. |
Horse mackerel |
8c |
12 686,421 |
11 417,780 |
0 |
90,00 |
1 268,641 |
ES |
JAX/09. |
Horse mackerel |
9 |
41 818,039 |
17 203,046 |
9 912,610 |
64,84 |
4 181,804 |
ES |
JAX/2A-14 |
Horse mackerel and associated by-catches |
Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 |
7 295,096 |
1 128,397 |
244,697 |
18,82 |
729,510 |
ES |
LEZ/*8ABDE |
Megrims |
8a, 8b, 8d and 8e (special condition to LEZ/07.) |
2 172,525 |
0 |
0 |
0 |
217,253 |
ES |
LEZ/07. |
Megrims |
7 |
5 913,176 |
2 281,804 |
0 |
38,59 |
591,318 |
ES |
LEZ/56-14 |
Megrims |
Union and international waters of 5b; 6; international waters of 12 and 14 |
750,461 |
413,311 |
0 |
55,07 |
75,046 |
ES |
LEZ/8ABDE. |
Megrims |
8a, 8b, 8d and 8e |
941,107 |
719,935 |
0 |
76,50 |
94,111 |
ES |
LEZ/8C3411 |
Megrims |
8c, 9 and 10; Union waters of CECAF 34.1.1 |
2 312,295 |
869,491 |
0 |
37,60 |
231,230 |
ES |
MAC/*08B. |
Mackerel |
8b (special condition to MAC/8C3411) |
3 150,964 |
0 |
0 |
0 |
315,096 |
ES |
MAC/*8ABD. |
Mackerel |
8a, 8b and 8d (special condition to MAC/8C3411) |
9 379,337 |
0 |
0 |
0 |
937,934 |
ES |
MAC/*8C910 |
Mackerel |
8c, 9 and 10 and Union waters of CECAF 34.1.1 (special condition to MAC/2CX14-) |
3 582,398 |
1 181,183 |
0 |
32,97 |
358,240 |
ES |
MAC/2CX14- |
Mackerel |
6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14 |
3 025,000 |
1 843,816 |
1 181,183 |
100,00 |
0,001 |
ES |
MAC/8C3411 |
Mackerel |
8c, 9 and 10; Union waters of CECAF 34.1.1 |
34 674,050 |
31 092,921 |
0 |
89,67 |
3 467,405 |
ES |
NEP/*07U16 |
Norway lobster |
Functional Unit 16 of ICES Subarea 7 (special condition to NEP/07.) |
667,009 |
64,385 |
0 |
9,65 |
66,701 |
ES |
NEP/07. |
Norway lobster |
7 |
1 021,656 |
31,623 |
64,385 |
9,40 |
102,166 |
ES |
NEP/5BC6. |
Norway lobster |
6; Union and international waters of 5b |
60,200 |
0 |
0 |
0 |
6,020 |
ES |
NEP/8ABDE. |
Norway lobster |
8a, 8b, 8d and 8e |
146,165 |
0,050 |
0 |
0,03 |
14,617 |
ES |
OTH/*08C2 |
By-catches of boarfish and whiting |
8c (special condition to JAX/2A-14) |
324,270 |
0 |
0 |
0 |
32,427 |
ES |
OTH/*2A-14 |
By-catches of boarfish, haddock, whiting and mackerel |
Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 (special condition to JAX/2A-14) |
430,740 |
244,697 |
0 |
56,81 |
43,074 |
ES |
SOL/7FG. |
Common sole |
7f and 7g |
1,050 |
0,450 |
0 |
42,86 |
0,105 |
ES |
SOL/8AB. |
Common sole |
8a and 8b |
8,000 |
7,200 |
0 |
90,00 |
0,800 |
ES |
WHB/*05-F. |
Blue whiting |
Faroese waters (special condition to WHB/1X14) |
2 178,066 |
0 |
0 |
0 |
217,807 |
ES |
WHB/1X14 |
Blue whiting |
Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 |
3 239,633 |
623,980 |
0 |
19,26 |
323,963 |
ES |
WHB/8C3411 |
Blue whiting |
8c, 9 and 10; Union waters of CECAF 34.1.1 |
39 857,581 |
22 147,942 |
0 |
55,57 |
3 985,758 |
ES |
WHG/7X7A-C |
Whiting |
7b, 7c, 7d, 7e, 7f, 7g, 7h, 7j and 7k |
7,500 |
4,286 |
0 |
57,15 |
0,750 |
FI |
HER/3D-R30 |
Herring |
Union waters of subdivisions 25-27, 28.2, 29 and 32 |
34 415,928 |
31 886,256 |
0 |
92,65 |
2 529,672 |
FI |
SPR/3BCD-C |
Sprat |
Union waters of Subdivisions 22-32 |
12 898,607 |
12 498,052 |
0 |
96,89 |
400,555 |
FR |
ANE/08. |
Anchovy |
8 |
2 698,597 |
40,836 |
0 |
1,51 |
269,860 |
FR |
ANF/*8ABDE |
Anglerfish |
8a, 8b, 8d and 8e (special condition to ANF/07.) |
2 310,961 |
0 |
0 |
0 |
231,096 |
FR |
ANF/07. |
Anglerfish |
7 |
21 281,821 |
12 094,559 |
0 |
56,83 |
2 128,182 |
FR |
ANF/8ABDE. |
Anglerfish |
8a, 8b, 8d and 8e |
8 561,348 |
3 202,831 |
0 |
37,41 |
856,135 |
FR |
ANF/8C3411 |
Anglerfish |
8c, 9 and 10; Union waters of CECAF 34.1.1 |
58,889 |
18,538 |
0 |
31,48 |
5,889 |
FR |
BLI/5B67- |
Blue ling |
Union and international waters of 5b, 6 and 7 |
9 073,670 |
1 566,233 |
0 |
17,26 |
907,367 |
FR |
GHL/2A-C46 |
Greenland halibut |
Union waters of 2a and 4; Union and international waters of 5b and 6 |
341,134 |
136,515 |
0 |
40,02 |
34,113 |
FR |
HAD/*2AC4. |
Haddock |
4; Union waters of 2a (special condition to HAD/5BC6A.) |
23,957 |
0 |
0 |
0 |
2,396 |
FR |
HAD/07A. |
Haddock |
7a |
257,119 |
0 |
0 |
0 |
25,712 |
FR |
HAD/2AC4. |
Haddock |
4; Union waters of 2a |
1 608,101 |
146,249 |
0 |
9,09 |
160,810 |
FR |
HAD/5BC6A. |
Haddock |
Union and international waters of 5b and 6a |
231,995 |
87,114 |
0 |
37,55 |
23,200 |
FR |
HAD/6B1214 |
Haddock |
Union and international waters of 6b, 12 and 14 |
1 267,794 |
2,446 |
0 |
0,19 |
126,779 |
FR |
HAD/7X7A34 |
Haddock |
7b-k, 8, 9 and 10; Union waters of CECAF 34.1.1 |
7 537,862 |
3 840,932 |
0 |
50,96 |
753,786 |
FR |
HER/*04B. |
Herring |
4b (special condition to HER/4CXB7D) |
5 743,000 |
0 |
0 |
0 |
574,300 |
FR |
HER/*25B-F |
Herring |
2, 5b north of 62° N (Faroese waters) (special condition to HER/1/2-) |
103,590 |
0 |
0 |
0 |
10,359 |
FR |
HER/1/2- |
Herring |
Union, Faroese, Norwegian and international waters of 1 and 2 |
1,002 |
0 |
0 |
0 |
0,100 |
FR |
HER/2A47DX |
Herring |
4, 7d and Union waters of 2a |
51,043 |
0 |
0 |
0 |
5,104 |
FR |
HER/4AB. |
Herring |
Union and Norwegian waters of 4 north of 53° 30′ N |
13 846,976 |
12 780,213 |
0 |
92,30 |
1 066,763 |
FR |
HER/4CXB7D |
Herring |
4c, 7d except Blackwater stock |
7 687,481 |
6 973,537 |
0 |
90,71 |
713,944 |
FR |
HER/7G-K. |
Herring |
7g, 7h, 7j and 7k |
90,103 |
0,011 |
0 |
0,01 |
9,010 |
FR |
HKE/*03A. |
Hake |
3a (special condition to HKE/2AC4-C) |
57,313 |
0 |
0 |
0 |
5,731 |
FR |
HKE/*57-14 |
Hake |
6 and 7; Union and international waters of 5b; international waters of 12 and 14 (special condition to HKE/8ABDE.) |
7 288,111 |
0 |
0 |
0 |
728,811 |
FR |
HKE/*8ABDE |
Hake |
8a, 8b, 8d and 8e (special condition to HKE/571214) |
3 424,570 |
0 |
0 |
0 |
342,457 |
FR |
HKE/2AC4-C |
Hake |
Union waters of 2a and 4 |
1 381,635 |
1 305,008 |
0 |
94,45 |
76,627 |
FR |
HKE/571214 |
Hake |
6 and 7; Union and international waters of 5b; international waters of 12 and 14 |
31 919,526 |
16 998,116 |
0 |
53,25 |
3 191,953 |
FR |
HKE/8ABDE. |
Hake |
8a, 8b, 8d and 8e |
33 098,312 |
11 649,236 |
0 |
35,20 |
3 309,831 |
FR |
HKE/8C3411 |
Hake |
8c, 9 and 10; Union waters of CECAF 34.1.1 |
195,311 |
49,247 |
0 |
25,21 |
19,531 |
FR |
JAX/*07D. |
Horse mackerel and associated by-catches |
7d (special condition to JAX/2A-14) |
162,514 |
85,828 |
0 |
52,81 |
16,251 |
FR |
JAX/*08C2 |
Horse mackerel and associated by-catches |
8c (special condition to JAX/2A-14) |
2 427,258 |
0 |
0 |
0 |
242,726 |
FR |
JAX/08C. |
Horse mackerel |
8c |
206,015 |
0,411 |
0 |
0,20 |
20,602 |
FR |
JAX/2A-14 |
Horse mackerel and associated by-catches |
Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 |
4 985,542 |
2 884,95 |
85,828 |
59,59 |
498,554 |
FR |
LEZ/*2AC4C |
Megrims |
Union waters of 2a and 4 (special condition to LEZ/56-14) |
143,565 |
6,138 |
0 |
4,28 |
14,357 |
FR |
LEZ/*8ABDE |
Megrims |
8a, 8b, 8d and 8e (special condition to LEZ/07.) |
2 633,577 |
462,501 |
0 |
17,56 |
263,358 |
FR |
LEZ/07. |
Megrims |
7 |
7 545,798 |
3 362,219 |
462,501 |
50,69 |
754,580 |
FR |
LEZ/2AC4-C |
Megrims |
Union waters of 2a and 4 |
104,020 |
76,264 |
0 |
73,32 |
10,402 |
FR |
LEZ/56-14 |
Megrims |
Union and international waters of 5b; 6; international waters of 12 and 14 |
2 897,750 |
162,131 |
6,138 |
5,81 |
289,775 |
FR |
LEZ/8ABDE. |
Megrims |
8a, 8b, 8d and 8e |
1 040,159 |
743,509 |
0 |
71,48 |
104,016 |
FR |
LEZ/8C3411 |
Megrims |
8c, 9 and 10; Union waters of CECAF 34.1.1 |
98,500 |
0,975 |
0 |
0,99 |
9,850 |
FR |
MAC/*02AN- |
Mackerel |
Norwegian waters of 2a (special condition to MAC/2A34.) |
267,481 |
0 |
0 |
0 |
26,748 |
FR |
MAC/*08B. |
Mackerel |
8b (special condition to MAC/8C3411) |
20,593 |
0 |
0 |
0 |
2,059 |
FR |
MAC/*2AN- |
Mackerel |
Norwegian waters of 2a (special condition to MAC/2CX14-) |
1 370,644 |
0 |
0 |
0 |
137,064 |
FR |
MAC/*3A4BC |
Mackerel |
3a and 4bc (special condition to MAC/2A34.) |
568,702 |
0 |
0 |
0 |
56,870 |
FR |
MAC/*4A-EN |
Mackerel |
Union waters of 2a; Union and Norwegian waters of 4a (special condition to MAC/2CX14-) |
10 197,197 |
7 023,249 |
0 |
68,87 |
1 019,720 |
FR |
MAC/*8ABD. |
Mackerel |
8a, 8b and 8d (special condition to MAC/8C3411) |
2,159 |
0 |
0 |
0 |
0,216 |
FR |
MAC/*8C910 |
Mackerel |
8c, 9 and 10 and Union waters of CECAF 34.1.1 (special condition to MAC/2CX14-) |
4 179,600 |
0 |
0 |
0 |
417,960 |
FR |
MAC/*FRO1 |
Mackerel |
Faroese waters (special condition to MAC/2A34.) |
272,828 |
0 |
0 |
0 |
27,283 |
FR |
MAC/*FRO2 |
Mackerel |
Faroese waters (special condition to MAC/2CX14-) |
1 403,628 |
0 |
0 |
0 |
140,363 |
FR |
MAC/2A34. |
Mackerel |
3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32 |
1 958,917 |
1 847,787 |
0 |
94,33 |
111,130 |
FR |
MAC/2CX14- |
Mackerel |
6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14 |
20 615,226 |
11 484,042 |
7 023,249 |
89,77 |
2 061,523 |
FR |
MAC/8C3411 |
Mackerel |
8c, 9 and 10; Union waters of CECAF 34.1.1 |
188,621 |
122,5 |
0 |
64,95 |
18,862 |
FR |
NEP/*07U16 |
Norway lobster |
Functional Unit 16 of ICES Subarea 7 (special condition to NEP/07.) |
157,686 |
0 |
0 |
0 |
15,769 |
FR |
NEP/07. |
Norway lobster |
7 |
4 647,529 |
127,635 |
0 |
2,75 |
464,753 |
FR |
NEP/2AC4-C |
Norway lobster |
Union waters of 2a and 4 |
79,028 |
17,440 |
0 |
22,07 |
7,903 |
FR |
NEP/5BC6. |
Norway lobster |
6; Union and international waters of 5b |
142,328 |
0 |
0 |
0 |
14,233 |
FR |
NEP/8ABDE. |
Norway lobster |
8a, 8b, 8d and 8e |
4 166,955 |
2 307,013 |
0 |
55,36 |
416,696 |
FR |
OTH/*07D. |
By-catches of boarfish and whiting |
7d (special condition to JAX/2A-14) |
8,130 |
0 |
0 |
0 |
0,813 |
FR |
OTH/*08C2 |
By-catches of boarfish and whiting |
8c (special condition to JAX/2A-14) |
122,353 |
0 |
0 |
0 |
12,235 |
FR |
OTH/*2A-14 |
By-catches of boarfish, haddock, whiting and mackerel |
Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 (special condition to JAX/2A-14) |
173,537 |
0 |
0 |
0 |
17,354 |
FR |
PLE/07A. |
Plaice |
7a |
56,013 |
0 |
0 |
0 |
5,601 |
FR |
PLE/2A3AX4 |
Plaice |
4; Union waters of 2a; that part of 3a not covered by the Skagerrak and the Kattegat |
1 155,441 |
24,844 |
0 |
2,15 |
115,544 |
FR |
PLE/7DE. |
Plaice |
7d and 7e |
5 553,886 |
1 063,11 |
0 |
19,14 |
555,389 |
FR |
POK/2C3A4 |
Saithe |
3a and 4; Union waters of 2a |
19 734,340 |
9 782,782 |
0 |
49,57 |
1 973,434 |
FR |
POK/56-14 |
Saithe |
6; Union and international waters of 5b, 12 and 14 |
3 860,742 |
1 283,35 |
0 |
33,24 |
386,074 |
FR |
SOL/07E. |
Common sole |
7e |
458,741 |
194,394 |
0 |
42,38 |
45,874 |
FR |
SOL/24-C. |
Common sole |
Union waters of 2a and 4 |
343,724 |
36,836 |
0 |
10,72 |
34,372 |
FR |
SOL/7FG. |
Common sole |
7f and 7g |
63,729 |
43,565 |
0 |
68,36 |
6,373 |
FR |
SOL/8AB. |
Common sole |
8a and 8b |
3 752,751 |
2 901,092 |
0 |
77,31 |
375,275 |
FR |
WHB/*05-F. |
Blue whiting |
Faroese waters (special condition to WHB/1X14) |
3 661,363 |
495 |
0 |
13,52 |
366,136 |
FR |
WHB/1X14 |
Blue whiting |
Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 |
13 862,406 |
11 757,603 |
495,000 |
88,39 |
1 386,241 |
FR |
WHG/2AC4. |
Whiting |
4; Union waters of 2a |
2 131,637 |
677,414 |
0 |
31,78 |
213,164 |
FR |
WHG/7X7A-C |
Whiting |
7b, 7c, 7d, 7e, 7f, 7g, 7h, 7j and 7k |
7 512,895 |
3 977,612 |
0 |
52,94 |
751,290 |
IE |
ANF/07. |
Anglerfish |
7 |
4 268,700 |
3 749,680 |
0 |
87,84 |
426,870 |
IE |
BLI/5B67- |
Blue ling |
Union and international waters of 5b, 6 and 7 |
34,634 |
0 |
0 |
0 |
3,463 |
IE |
GHL/2A-C46 |
Greenland halibut |
Union waters of 2a and 4; Union and international waters of 5b and 6 |
0,011 |
0 |
0 |
0 |
0,001 |
IE |
HAD/07A. |
Haddock |
7a |
1 541,462 |
759,029 |
0 |
49,24 |
154,146 |
IE |
HAD/5BC6A. |
Haddock |
Union and international waters of 5b and 6a |
676,517 |
440,958 |
0 |
65,18 |
67,652 |
IE |
HAD/6B1214 |
Haddock |
Union and international waters of 6b, 12 and 14 |
966,844 |
679,481 |
0 |
70,28 |
96,684 |
IE |
HAD/7X7A34 |
Haddock |
7b-k, 8, 9 and 10; Union waters of CECAF 34.1.1 |
2 918,358 |
2 651,852 |
0 |
90,87 |
266,506 |
IE |
HER/07A/MM |
Herring |
7a |
2 351,965 |
1 933,970 |
0 |
82,23 |
235,197 |
IE |
HER/1/2- |
Herring |
Union, Faroese, Norwegian and international waters of 1 and 2 |
2 998,687 |
2 703,594 |
0 |
90,16 |
295,093 |
IE |
HER/4AB. |
Herring |
Union and Norwegian waters of 4 north of 53° 30′ N |
257,429 |
234,576 |
0 |
91,12 |
22,853 |
IE |
HER/7G-K. |
Herring |
7g, 7h, 7j and 7k |
750,000 |
136,828 |
0 |
18,24 |
75,000 |
IE |
HKE/571214 |
Hake |
6 and 7; Union and international waters of 5b; international waters of 12 and 14 |
3 995,112 |
3 594,334 |
0,207 |
89,97 |
399,511 |
IE |
JAX/2A-14 |
Horse mackerel and associated by-catches |
Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 |
20 555,568 |
17 357,985 |
0 |
84,44 |
2 055,557 |
IE |
LEZ/07. |
Megrims |
7 |
3 415,371 |
1 861,256 |
0 |
54,50 |
341,537 |
IE |
LEZ/56-14 |
Megrims |
Union and international waters of 5b; 6; international waters of 12 and 14 |
950,054 |
716,278 |
0 |
75,39 |
95,005 |
IE |
MAC/*2AN- |
Mackerel |
Norwegian waters of 2a (special condition to MAC/2CX14-) |
6 863,698 |
0 |
0 |
0 |
686,370 |
IE |
MAC/*4A-EN |
Mackerel |
Union waters of 2a; Union and Norwegian waters of 4a (special condition to MAC/2CX14-) |
50 633,347 |
15 453,633 |
0 |
30,52 |
5 063,335 |
IE |
MAC/*FRO2 |
Mackerel |
Faroese waters (special condition to MAC/2CX14-) |
7 017,736 |
0 |
0 |
0 |
701,774 |
IE |
MAC/2CX14- |
Mackerel |
6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14 |
76 657,050 |
59 019,562 |
15 453,633 |
97,15 |
2 183,855 |
IE |
NEP/*07U16 |
Norway lobster |
Functional Unit 16 of ICES Subarea 7 (special condition to NEP/07.) |
1 590,483 |
1 433,368 |
0 |
90,12 |
157,115 |
IE |
NEP/07. |
Norway lobster |
7 |
7 166,915 |
4 085,628 |
1 433,368 |
77,01 |
716,692 |
IE |
NEP/5BC6. |
Norway lobster |
6; Union and international waters of 5b |
237,287 |
147,202 |
0 |
62,04 |
23,729 |
IE |
PLE/07A. |
Plaice |
7a |
1 588,546 |
177,225 |
0 |
11,16 |
158,855 |
IE |
POK/56-14 |
Saithe |
6; Union and international waters of 5b, 12 and 14 |
435,457 |
125,263 |
0 |
28,77 |
43,546 |
IE |
SOL/7FG. |
Common sole |
7f and 7g |
58,728 |
50,837 |
0 |
86,56 |
5,873 |
IE |
WHB/1X14 |
Blue whiting |
Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 |
43 029,787 |
39 180,089 |
0 |
91,05 |
3 849,698 |
IE |
WHG/7X7A-C |
Whiting |
7b, 7c, 7d, 7e, 7f, 7g, 7h, 7j and 7k |
3 883,173 |
2 657,978 |
0 |
68,45 |
388,317 |
LT |
MAC/2CX14- |
Mackerel |
6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14 |
749,069 |
4,153 |
0 |
0,55 |
74,907 |
NL |
ANF/*8ABDE. |
Anglerfish |
8a, 8b, 8d and 8e (special condition to ANF/07.) |
46,591 |
0 |
0 |
0 |
4,659 |
NL |
ANF/07. |
Anglerfish |
7 |
37,230 |
4,652 |
0 |
12,50 |
3,723 |
NL |
BLI/5B67- |
Blue ling |
Union and international waters of 5b, 6 and 7 |
7,700 |
0 |
0 |
0 |
0,770 |
NL |
GHL/2A-C46 |
Greenland halibut |
Union waters of 2a and 4; Union and international waters of 5b and 6 |
1,426 |
0,204 |
0 |
14,31 |
0,143 |
NL |
HAD/03A. |
Haddock |
3a |
3,009 |
0,824 |
0 |
27,38 |
0,301 |
NL |
HAD/2AC4. |
Haddock |
4; Union waters of 2a |
260,505 |
90,727 |
127,330 |
83,71 |
26,051 |
NL |
HAD/5BC6A. |
Haddock |
Union and international waters of 5b and 6a |
25,426 |
23,377 |
0 |
91,94 |
2,049 |
NL |
HAD/7X7A34 |
Haddock |
7b-k, 8, 9 and 10; Union waters of CECAF 34.1.1 |
62,996 |
42,392 |
0 |
67,29 |
6,300 |
NL |
HER/*04B. |
Herring |
4b (special condition to HER/4CXB7D) |
10 081,411 |
6 447,295 |
0 |
63,95 |
1 008,141 |
NL |
HER/*25B-F |
Herring |
2, 5b north of 62° N (Faroese waters) (special condition to HER/1/2-) |
940,200 |
446,187 |
0 |
47,46 |
94,020 |
NL |
HER/1/2- |
Herring |
Union, Faroese, Norwegian and international waters of 1 and 2 |
5 510,587 |
1 562,146 |
3 398,030 |
90,01 |
550,411 |
NL |
HER/2A47DX |
Herring |
4, 7d and Union waters of 2a |
92,218 |
92,126 |
0 |
99,90 |
0,092 |
NL |
HER/7G-K. |
Herring |
7g, 7h, 7j and 7k |
75,435 |
0,154 |
0 |
0,20 |
7,544 |
NL |
HKE/*03A. |
Hake |
3a (special condition to HKE/2AC4-C) |
14,760 |
12,920 |
0 |
87,53 |
1,476 |
NL |
HKE/*8ABDE. |
Hake |
8a, 8b, 8d and 8e (special condition to HKE/571214) |
43,094 |
0 |
0 |
0 |
4,309 |
NL |
HKE/2AC4-C |
Hake |
Union waters of 2a and 4 |
136,351 |
38,200 |
12,920 |
37,49 |
13,635 |
NL |
HKE/571214 |
Hake |
6 and 7; Union and international waters of 5b; international waters of 12 and 14 |
346,132 |
134,032 |
0 |
38,72 |
34,613 |
NL |
HKE/8ABDE. |
Hake |
8a, 8b, 8d and 8e |
43,023 |
0 |
0 |
0 |
4,302 |
NL |
JAX/2A-14 |
Horse mackerel and associated by-catches |
Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 |
21 318,126 |
14 065,356 |
2 336,907 |
76,94 |
2 131,813 |
NL |
LEZ/07. |
Megrims |
7 |
0,457 |
0,390 |
0 |
85,34 |
0,046 |
NL |
LEZ/2AC4-C |
Megrims |
Union waters of 2a and 4 |
69,335 |
1,726 |
0 |
2,49 |
6,934 |
NL |
MAC/*02AN- |
Mackerel |
Norwegian waters of 2a (special condition to MAC/2A34.) |
248,000 |
0 |
0 |
0 |
24,800 |
NL |
MAC/*3A4BC |
Mackerel |
3a and 4bc (special condition to MAC/2A34.) |
1 622,290 |
918,086 |
0 |
56,59 |
162,229 |
NL |
MAC/*4A-EN |
Mackerel |
Union waters of 2a; Union and Norwegian waters of 4a (special condition to MAC/2CX14-) |
20 383,815 |
15 673,174 |
0 |
76,89 |
2 038,382 |
NL |
MAC/*8C910 |
Mackerel |
8c, 9 and 10 and Union waters of CECAF 34.1.1 (special condition to MAC/2CX14-) |
5 756,725 |
0 |
0 |
0 |
575,673 |
NL |
MAC/*FRO1 |
Mackerel |
Faroese waters (special condition to MAC/2A34.) |
254,000 |
0 |
0 |
0 |
25,400 |
NL |
MAC/*FRO2 |
Mackerel |
Faroese waters (special condition to MAC/2CX14-) |
2 841,000 |
0 |
0 |
0 |
284,100 |
NL |
MAC/2A34. |
Mackerel |
3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32 |
2 560,658 |
1 635,849 |
918,354 |
99,75 |
6,455 |
NL |
MAC/2CX14- |
Mackerel |
6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14 |
27 881,983 |
9 792,605 |
15 673,174 |
91,33 |
2 416,204 |
NL |
NEP/07. |
Norway lobster |
7 |
2,510 |
0,003 |
0 |
0,12 |
0,251 |
NL |
NEP/2AC4-C |
Norway lobster |
Union waters of 2a and 4 |
1 378,250 |
930,659 |
0 |
67,52 |
137,825 |
NL |
OTH/*07D. |
By-catches of boarfish and whiting |
7d (special condition to JAX/2A-14) |
63,353 |
0 |
0 |
0 |
6,335 |
NL |
PLE/03AN. |
Plaice |
Skagerrak |
2 515,299 |
2 111,838 |
0 |
83,96 |
251,530 |
NL |
PLE/07A. |
Plaice |
7a |
0,010 |
0 |
0 |
0 |
0,001 |
NL |
PLE/2A3AX4 |
Plaice |
4; Union waters of 2a; that part of 3a not covered by the Skagerrak and the Kattegat |
41 488,820 |
14 370,487 |
2 639,831 |
41,00 |
4 148,882 |
NL |
PLE/7DE. |
Plaice |
7d and 7e |
114,053 |
49,985 |
0 |
43,83 |
11,405 |
NL |
POK/2C3A4 |
Saithe |
3a and 4; Union waters of 2a |
237,735 |
180,532 |
0 |
75,94 |
23,774 |
NL |
POK/56-14 |
Saithe |
6; Union and international waters of 5b, 12 and 14 |
1,572 |
0,186 |
0 |
11,83 |
0,157 |
NL |
SOL/24-C. |
Common sole |
Union waters of 2a and 4 |
13 929,930 |
6 706,835 |
0 |
48,15 |
1 392,993 |
NL |
SOL/3ABC24 |
Common sole |
3a; Union waters of Subdivisions 22-24 |
52,000 |
44,489 |
0 |
85,56 |
5,200 |
NL |
WHB/*05-F. |
Blue whiting |
Faroese waters (special condition to WHB/1X14) |
5 658,807 |
0 |
0 |
0 |
565,881 |
NL |
WHB/1X14 |
Blue whiting |
Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 |
68 833,098 |
61 946,216 |
0 |
89,99 |
6 883,310 |
NL |
WHG/2AC4. |
Whiting |
4; Union waters of 2a |
993,017 |
770,641 |
9,125 |
78,52 |
99,302 |
NL |
WHG/7X7A-C |
Whiting |
7b, 7c, 7d, 7e, 7f, 7g, 7h, 7j and 7k |
532,924 |
460,676 |
0 |
86,44 |
53,292 |
PL |
BLI/5B67- |
Blue ling |
Union and international waters of 5b, 6 and 7 |
3,400 |
0 |
0 |
0 |
0,340 |
PL |
GHL/2A-C46 |
Greenland halibut |
Union waters of 2a and 4; Union and international waters of 5b and 6 |
30,800 |
0 |
0 |
0 |
3,080 |
PL |
HER/3D-R30 |
Herring |
Union waters of Subdivisions 25-27, 28.2, 29 and 32 |
42 143,526 |
36 963,658 |
0 |
87,71 |
4 214,353 |
PL |
JAX/2A-14 |
Horse mackerel and associated by-catches |
Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 |
2 819,600 |
989,350 |
25,000 |
35,97 |
281,960 |
PL |
PLE/3BCD-C |
Plaice |
Union waters of Subdivisions 22-32 |
902,639 |
369,699 |
0 |
40,96 |
90,264 |
PL |
SPR/3BCD-C |
Sprat |
Union waters of Subdivisions 22-32 |
63 519,309 |
60 607,717 |
0 |
95,42 |
2 911,592 |
PL |
WHB/1X14 |
Blue whiting |
Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 |
51 681,791 |
45 341,264 |
1 224,384 |
90,10 |
5 116,143 |
PT |
ANF/8C3411 |
Anglerfish |
8c, 9 and 10; Union waters of CECAF 34.1.1 |
743,369 |
739,131 |
0 |
99,43 |
4,238 |
PT |
HER/1/2- |
Herring |
Union, Faroese, Norwegian and international waters of 1 and 2 |
0,023 |
0 |
0 |
0 |
0,002 |
PT |
JAX/08C. |
Horse mackerel |
8c |
347,500 |
89,574 |
0 |
25,78 |
34,750 |
PT |
JAX/09. |
Horse mackerel |
9 |
85 091,041 |
17 267,137 |
0 |
20,29 |
8 509,104 |
PT |
JAX/2A-14 |
Horse mackerel and associated by-catches |
Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 |
0,248 |
0 |
0 |
0 |
0,025 |
PT |
LEZ/8C3411 |
Megrims |
8c, 9 and 10; Union waters of CECAF 34.1.1 |
112,063 |
105,315 |
0 |
93,98 |
6,748 |
PT |
MAC/8C3411 |
Mackerel |
8c, 9 and 10; Union waters of CECAF 34.1.1 |
5 569,390 |
4 841,746 |
34,684 |
87,56 |
556,939 |
PT |
WHB/1X14 |
Blue whiting |
Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 |
1,286 |
0,214 |
0 |
16,64 |
0,129 |
PT |
WHB/8C3411 |
Blue whiting |
8c, 9 and 10; Union waters of CECAF 34.1.1 |
9 950,263 |
2 687,716 |
0 |
27,01 |
995,026 |
SE |
HAD/03A. |
Haddock |
3a |
228,687 |
57,157 |
0 |
24,99 |
22,869 |
SE |
HAD/2AC4. |
Haddock |
4; Union waters of 2a |
156,432 |
27,250 |
0,459 |
17,71 |
15,643 |
SE |
HER/03A. |
Herring |
3a |
16 459,076 |
10 864,988 |
5 187,389 |
97,53 |
406,699 |
SE |
HER/03A-BC |
Herring |
3a |
1 017,768 |
778,230 |
0 |
76,46 |
101,777 |
SE |
HER/1/2- |
Herring |
Union, Faroese, Norwegian and international waters of 1 and 2 |
3 272,520 |
223,483 |
2 946,903 |
96,88 |
102,134 |
SE |
HER/2A47DX |
Herring |
4, 7d and Union waters of 2a |
69,708 |
54,962 |
0 |
78,85 |
6,971 |
SE |
HER/3D-R30 |
Herring |
Union waters of Subdivisions 25-27, 28.2, 29 and 32 |
48 739,637 |
44 099,887 |
0 |
90,48 |
4 639,750 |
SE |
HER/4AB. |
Herring |
Union and Norwegian waters of 4 north of 53° 30′ N |
7 007,631 |
6 920,034 |
71,312 |
99,77 |
16,285 |
SE |
HKE/03A. |
Hake |
3a |
303,150 |
37,034 |
0 |
12,22 |
30,315 |
SE |
JAX/2A-14 |
Horse mackerel and associated by-catches |
Union waters of 2a, 4a; 6, 7a-c,7e-k, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 12 and 14 |
162,366 |
1,647 |
0 |
1,01 |
16,237 |
SE |
MAC/2A34. |
Mackerel |
3a and 4; Union waters of 2a, 3b, 3c and Subdivisions 22-32 |
3 941,910 |
3 342,000 |
346,580 |
93,57 |
253,330 |
SE |
NEP/03A. |
Norway lobster |
3a |
4 006,618 |
1 792,927 |
0 |
44,75 |
400,662 |
SE |
PLE/03AN. |
Plaice |
Skagerrak |
784,185 |
65,78 |
0 |
8,39 |
78,419 |
SE |
PLE/03AS. |
Plaice |
Kattegat |
132,838 |
17,475 |
0 |
13,16 |
13,284 |
SE |
PLE/3BCD-C |
Plaice |
Union waters of Subdivisions 22-32 |
398,173 |
19,024 |
0 |
4,78 |
39,817 |
SE |
POK/2C3A4 |
Saithe |
3a and 4; Union waters of 2a |
508,246 |
340,73 |
0 |
67,04 |
50,825 |
SE |
SOL/3ABC24 |
Common sole |
3a; Union waters of Subdivisions 22-24 |
18,890 |
9,019 |
0 |
47,74 |
1,889 |
SE |
SPR/3BCD-C |
Sprat |
Union waters of Subdivisions 22-32 |
44 396,305 |
41 863,569 |
0 |
94,30 |
2 532,736 |
SE |
WHB/1X14 |
Blue whiting |
Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 |
85,868 |
79,339 |
0 |
92,40 |
6,529 |
SE |
WHG/2AC4. |
Whiting |
4; Union waters of 2a |
27,053 |
20,092 |
0 |
74,27 |
2,705 |
(1) Quotas available to a Member State pursuant to the relevant fishing opportunities Regulations after taking into account exchanges of fishing opportunities in accordance with Article 16(8) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (OJ L 354, 28.12.2013, p. 22), quota transfers from 2019 to 2020 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 (OJ L 115, 9.5.1996, p. 3), with Article 15(9) of Regulation (EU) N° 1380/2013 or reallocation and deduction of fishing opportunities in accordance with Articles 37 and 105 of Regulation (EC) No 1224/2009 (OJ L 343, 22.12.2009, p. 1).
(2) Special condition set out in the Annexes of the relevant fishing opportunities Regulations.
24.9.2021 |
EN |
Official Journal of the European Union |
L 339/84 |
COMMISSION IMPLEMENTING REGULATION (EU) 2021/1709
of 23 September 2021
amending Implementing Regulation (EU) 2019/627 as regards uniform practical arrangements for the performance of official controls on products of animal origin
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (1), and in particular Article 18(8) thereof,
Whereas:
(1) |
Regulation (EU) 2017/625 lays down rules for the official controls and other official activities performed by the competent authorities of the Member States to verify compliance with Union legislation, inter alia, in the area of food safety at all stages of production, processing and distribution. In particular, it provides for official controls in relation to products of animal origin intended for human consumption. |
(2) |
Commission Implementing Regulation (EU) 2019/627 (2) lays down rules on the practical arrangements for the performance of official controls on products of animal origin in accordance with Article 18(8) of Regulation (EU) 2017/625. |
(3) |
Since the date of application of Implementing Regulation (EU) 2019/627 on 14 December 2019, experiences on the practical implementation of this Regulation highlighted the need for more clarity of certain legal provisions, in particular with regard to certain practical arrangements for post-mortem inspection and recognised methods for detection of marine biotoxins in bivalve molluscs. |
(4) |
As regards practical arrangements for post-mortem inspection, Implementing Regulation (EU) 2019/627 should not specify who is to carry out the additional practical arrangements for post-mortem inspection in case of a possible risk to human health, animal health or animal welfare. Whether the official veterinarian or the official auxiliary should carry out post-mortem inspection is already laid down in Article 18.2(c) of Regulation (EU) 2017/625, supplemented by Articles 7 and 8 of Commission Delegated Regulation (EU) 2019/624 (3) and is therefore not required in Implementing Regulation (EU) 2019/627. In addition, a duplication of the requirement for an incision of the bronchial and mediastinal lymph nodes in Article 19(1)(b) and (2)(b) should be avoided. |
(5) |
In addition, requirements for post-mortem inspection for farmed game contain duplications in particular with regard to requirements applicable to the family of Suidae. The requirements should be further clarified to facilitate implementation of the Regulation. |
(6) |
Article 22 of Council Regulation (EC) No 1099/2009 (4) has been deleted from 14 December 2019 on by Regulation (EU) 2017/625. Measures in cases of noncompliance with the requirements for animal welfare, referred to in that Article were replaced by provisions in Article 138 of Regulation (EU) 2017/625. The reference to Article 22 of Regulation (EC) No 1099/2009 in Article 44(1) of Implementing Regulation (EU) 2019/627 should therefore be deleted accordingly. |
(7) |
Article 48 of Implementing Regulation (EU) 2019/627 lays down conditions for health marking. These conditions are as already established in Commission Implementing Regulation (EU) 2015/1375 (5) in case of Trichinella testing, and in Regulation (EC) No 999/2001 of the European Parliament and of the Council (6) for the testing of transmissible spongiform encephalopathy (TSE). For reasons of clarity, it is appropriate to replace the wordings concerned in Article 48 of Implementing Regulation (EU) 2019/627 by references to the relevant Regulations. |
(8) |
Article 4 of Directive 2010/63/EU of the European Parliament and of the Council (7) requires Member States to ensure that, wherever possible, a method not entailing the use of live animals is to be used. Taking into account that for the detection of Paralytic Shellfish Poisoning (PSP) toxins the Standard EN 14526 is available as an alternative method, complying with the conditions of Article 4 of Directive 2010/63/EU, the use of the mouse bioassay should therefore be discontinued. |
(9) |
Live bivalve molluscs placed on the market are not to contain marine biotoxins that exceed the limits established in Annex III, Section VII, Chapter V (2) of Regulation (EC) No 853/2004 of the European Parliament and of the Council (8). Regarding Pectenotoxins (PTX), the European Food Safety Authority (EFSA) has concluded that there are no reports on adverse effects in humans associated with Pectenotoxins (PTX) group toxins (9). As PTX have been removed from the health standards for live bivalve molluscs in Commission Delegated Regulation (EU) 2021/1374 (10) , it is therefore appropriate to remove them as well from the provisions of Implementing Regulation (EU) 2019/627. |
(10) |
Fishery products derived from aquaculture are to be tested in accordance with Council Directive 96/23/EC (11) and Commission Decision 97/747/EC (12) as regards contaminants and pesticides. Wild caught fishery products should also be tested to establish compliance as regards contaminants in accordance with Commission Regulation (EC) No 1881/2006 (13). The current legislation should be modified accordingly. |
(11) |
Implementing Regulation (EU) 2019/627 should be amended accordingly. |
(12) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Implementing Regulation (EU) 2019/627 is amended as follows:
(1) |
in Articles 18(3), 19(2), 20(2), 21(2), 22(2) and 23(2), the introductory sentence is replaced by the following: ‘Post-mortem inspection procedures shall be carried out in accordance with Article 18(2)(c) of Regulation (EU) 2017/625 and Article 7 and 8 of Regulation (EU) 2019/624, using incision and palpation of the carcase and offal, when there are indications of a possible risk to human health, animal health or animal welfare indicated in accordance with Article 24:’; |
(2) |
in Article 19(2), point (b), the words ‘an incision of the bronchial and mediastinal lymph nodes (Lnn. bifurcationes, eparteriales and mediastinales);’ are deleted. |
(3) |
in Article 24, the introductory sentence is replaced by the following: ‘The additional post-mortem inspection procedures referred to in Articles 18(3), 19(2), 20(2), 21(2), 22(2) and 23(2) shall be carried out using incision and palpation of the carcase and offal, where, in the opinion of the official veterinarian, a possible risk to human health, animal health or animal welfare is indicated by one of the following:’; |
(4) |
In Article 27(1), point(c) is replaced by the following:
|
(5) |
in Article 44, paragraph 1 is replaced by the following: ‘1. In cases of non-compliance with the rules concerning the protection of animals at the time of slaughter or killing laid down in Articles 3 to 9 and Articles 14 to 17 and 19 of Regulation (EC) No 1099/2009, the official veterinarian shall verify that the food business operator immediately takes the necessary corrective measures and prevents recurrence.’; |
(6) |
in Article 48(2), point (a) is replaced by the following:
|
(7) |
Annex V is amended in accordance with the text set out in the Annex to this Regulation; |
(8) |
Annex VI is amended in accordance with the text set out in the Annex to this Regulation. |
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, 23 September 2021.
For the Commission
The President
Ursula VON DER LEYEN
(2) Commission Implementing Regulation (EU) 2019/627 of 15 March 2019 laying down uniform practical arrangements for the performance of official controls on products of animal origin intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council and amending Commission Regulation (EC) No 2074/2005 as regards official controls (OJ L 131, 17.5.2019, p. 51).
(3) Commission Delegated Regulation (EU) 2019/624 of 8 February 2019 concerning specific rules for the performances of official controls on the production of meat and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ L 131, 17.5.2019, p. 1).
(4) Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing (OJ L 303, 18.11.2009, p. 1).
(5) Commission Implementing Regulation (EU) 2015/1375 of 10 August 2015 laying down specific rules on official controls for Trichinella in meat (OJ L 212, 11.8.2015, p. 7).
(6) Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1).
(7) Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33).
(8) 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)
(9) https://doi.org/10.2903/j.efsa.2009.1109
(10) Commission Delegated Regulation (EU) 2021/1374 of 12 April 2021 amending Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council on specific hygiene requirements for food of animal origin (OJ L 297, 20.8.2021, p. 1).
(11) Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ L 125, 23.5.1996, p. 10)
(12) Commission Decision 97/747/EC of 27 October 1997 fixing the levels and frequencies of sampling provided for by Council Directive 96/23/EC for the monitoring of certain substances and residues thereof in certain animal products (OJ L 303, 6.11.1997, p. 12)
(13) Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5)
ANNEX
Annex V and Annex VI to Implementing Regulation (EU) 2019/627 are amended as follows:
(1) |
in Annex V Chapter I is replaced by the following: ‘CHAPTER I PARALYTIC SHELLFISH POISON DETECTION METHOD
(*1) Determination of saxitoxin-group toxins in shellfish – HPLC method using pre-column derivatization with peroxide or periodate oxidation." (*2) http://www.aecosan.msssi.gob.es/en/CRLMB/web/home.html”;" |
(2) |
in Annex V, Chapter III, point (b) of Part A is deleted; |
(3) |
in Annex VI, Part D of Chapter I, a new paragraph is added at the end: ‘For wild caught fishery products monitoring arrangements shall be established to control compliance with the EU legislation on contaminants, in accordance with Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in food’. |
(*1) Determination of saxitoxin-group toxins in shellfish – HPLC method using pre-column derivatization with peroxide or periodate oxidation.
(*2) http://www.aecosan.msssi.gob.es/en/CRLMB/web/home.html”;”
DECISIONS
24.9.2021 |
EN |
Official Journal of the European Union |
L 339/89 |
COUNCIL DECISION (EU) 2021/1710
of 21 September 2021
establishing the position to be adopted on behalf of the European Union in the Specialised Committee on Social Security Coordination established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, as regards the adoption of a decision to amend the Annexes to the Protocol on Social Security Coordination
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 48 in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part ('the Trade and Cooperation Agreement') was concluded by the Union by means of Council Decision (EU) 2021/689 (1) and entered into force on 1 May 2021, having been provisionally applied since 1 January 2021. |
(2) |
Pursuant to Article 778(1) of the Trade and Cooperation Agreement, the Protocols and Annexes to that Agreement form an integral part thereof. Pursuant to Article 783(3) of the Trade and Cooperation Agreement, as from the date from which the Agreement is provisionally applied, references to the date of its entry into force are to be understood as references to the date from which it is provisionally applied. |
(3) |
Article 8(4), point (c), of the Trade and Cooperation Agreement empowers the Specialised Committee on Social Security Coordination to adopt decisions, including amendments, and recommendations in respect of all matters where the Trade and Cooperation Agreement so provides. Pursuant to Article SSC.68 of the Protocol on Social Security Coordination, the Specialised Committee on Social Security Coordination is able to amend the Annexes and Appendices to that Protocol. Pursuant to Article 10 of the Trade and Cooperation Agreement, the decisions adopted by a Committee are binding on the Parties. |
(4) |
Annexes SSC-1, SSC-3, SSC-4, SSC-5 and SSC-6 to the Protocol on Social Security Coordination, insofar as they reflect the national legislation of the Member States and the United Kingdom, should be amended, in particular to take into account recent changes to national legislation. The title of Annex SSC-1 should be corrected so as not to refer only to benefits 'in cash'. Appendix SSCI-1 to Annex SSC-7 should be amended to reflect the decision of one of the Parties to an arrangement listed therein. |
(5) |
Article SSC.11(6) of the Protocol on Social Security Coordination requires the Parties to publish an updated Annex SSC-8 as soon as possible after a period of one month from the entry into force of the Trade and Cooperation Agreement. The Specialised Committee on Social Security Coordination should adopt a decision to comply with that obligation. |
(6) |
It is therefore appropriate to establish the position to be adopted on the Union's behalf in the Specialised Committee on Social Security Coordination regarding the amendment of Annexes SSC-1, SSC-3, SSC-4, SSC-5, SSC-6 and SSC-8 as well as Appendix SSCI-1 to Annex SSC-7 to the Protocol on Social Security Coordination, |
HAS ADOPTED THIS DECISION:
Article 1
The position to be adopted on the Union's behalf in the Specialised Committee on Social Security Coordination established by Article 8(1), point (p), of the Trade and Cooperation Agreement is attached to this Decision.
Article 2
The Decision shall enter into force on the date of its adoption.
Done at Brussels, 21 September 2021.
For the Council
The President
G. DOVŽAN
(1) Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (OJ L 149, 30.4.2021, p. 2).
DRAFT
DECISION NO 1/2021 OF THE SPECIALISED COMMITTEE ESTABLISHED BY ARTICLE 8(1)(P) OF THE TRADE AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, OF THE OTHER PART,
of …
as regards the amendment of the Annexes to the Protocol on Social Security Coordination
THE SPECIALISED COMMITTEE,
Having regard to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (1) (the 'Trade and Cooperation Agreement'), and in particular Article SSC.68 of its Protocol on Social Security Coordination,
Whereas:
(1) |
Pursuant to Article SSC.68 of the Protocol on Social Security Coordination to the Trade and Cooperation Agreement, the Specialised Committee on Social Security Coordination may amend the Annexes and Appendices to that Protocol. |
(2) |
Annexes SSC-1, SSC-3, SSC-4, SSC-5 and SSC-6 to the Protocol on Social Security Coordination, insofar as they reflect the national legislation of the Member States and the United Kingdom, should be amended, in particular to take into account recent changes to national legislation. The title of Annex SSC-1 should be corrected so as not to refer only to benefits 'in cash'. Appendix SSCI-1 to Annex SSC-7 should be amended to reflect the decision of one of the Parties to an arrangement listed therein. |
(3) |
Article SSC.11(6) of the Protocol on Social Security Coordination requires the Parties to publish an updated Annex SSC-8 as soon as possible after a period of one month from the entry into force of the Trade and Cooperation Agreement, |
HAS ADOPTED THIS DECISION:
Article 1
The entries of the Member States and the United Kingdom in Annexes SSC-1, SSC-3, SSC-4, SSC-5 and SSC-6 as well as the entries in Appendix SSCI-1 to Annex SSC-7 to the Protocol on Social Security Coordination are updated as provided for in Annex I to this Decision.
Annex SSC-8 to the Protocol on Social Security Coordination is updated as provided for in Annex II to this Decision.
Article 2
This Decision shall enter into force on the date of its publication.
Done at …,
For the Partnership Council
The Co-chairs
ANNEX I TO DECISION No 1/2021
ANNEX SSC-1
CERTAIN BENEFITS TO WHICH THIS PROTOCOL SHALL NOT APPLY
PART 1
SPECIAL NON-CONTRIBUTORY CASH BENEFITS
(Point (a) of Article SSC.3(4) of this Protocol)
(i) UNITED KINGDOM
(a) |
State Pension Credit (State Pension Credit Act 2002 and State Pension Credit Act (Northern Ireland) 2002) |
(b) |
Income-based allowances for jobseekers (Jobseekers Act 1995 and Jobseekers (Northern Ireland) Order 1995) |
(c) |
Disability Living Allowance, mobility component (Social Security Contributions and Benefits Act 1992 and Social Security Contributions and Benefits (Northern Ireland) Act 1992) |
(d) |
Personal Independence Payment, mobility component (Welfare Reform Act 2012 (Part 4) and Welfare Reform (Northern Ireland) Order 2015 (Part 5)) |
(e) |
Employment and Support Allowance Income-related (Welfare Reform Act 2007 and Welfare Reform Act (Northern Ireland) 2007) |
(f) |
Best Start Foods payment (Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (SSI 2019/193)) |
(g) |
Best Start Grants (pregnancy and baby grant, early learning grant, school-age grant) (The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 (SSI 2018/370)) |
(h) |
Funeral Support Payment (Funeral Expense Assistance (Scotland) Regulations 2019 (SSI 2019/292)) |
(i) |
Scottish Child Payment (The Scottish Child Payment Regulations 2020 (SSI 2020/351)) |
(ii) MEMBER STATES
AUSTRIA
Compensatory supplement (Federal Act of 9 September 1955 on General Social Insurance — ASVG, Federal Act of 11 October 1978 on Social insurance for persons engaged in trade and commerce — GSVG and Federal Act of 11 October 1978 on Social insurance for farmers — BSVG).
BELGIUM
(a) |
Income replacement allowance (Law of 27 February 1987) (Inkomensvervangende tegemoetkoming/Allocation de remplacement de revenus); |
(b) |
Guaranteed income for elderly persons (Law of 22 March 2001) (Inkomensgarantie voor ouderen/ Revenu garanti aux personnes âgées). |
BULGARIA
Social Pension for old age (Article 89a of the Social Insurance Code).
CYPRUS
(a) |
Social Pension (Social Pension Law of 1995 (Law 25(I)/95), as amended); |
(b) |
Severe motor disability allowance (Council of Ministers' Decisions Nos 38210 of 16 October 1992, 41370 of 1 August 1994, 46183 of 11 June 1997 and 53675 of 16 May 2001); |
(c) |
Special grant to blind persons (Special Grants Law of 1996 (Law 77(I)/96), as amended). |
DENMARK
Accommodation expenses for pensioners (Law on individual accommodation assistance, consolidated by Law No 204 of 29 March 1995).
ESTONIA
State unemployment allowance (Labour Market Services and Support Act of 29 September 2005).
FINLAND
(a) |
Housing allowance for pensioners (Act concerning the Housing Allowance for pensioners, 571/2007); |
(b) |
Labour market support (Act on Unemployment Benefits 1290/2002). |
FRANCE
(a) |
Supplementary allowances of:
(Law of 30 June 1956, codified in Book VIII of the Social Security Code); |
(b) |
Disabled adults' allowance (Law of 30 June 1975, codified in Book VIII of the Social Security Code); |
(c) |
Special allowance (Law of 10 July 1952, codified in Book VIII of the Social Security Code) in respect of acquired rights; |
(d) |
Old-age solidarity allowance (ordinance of 24 June 2004, codified in Book VIII of the Social Security Code) as of 1 January 2006. |
GERMANY
(a) |
Basic subsistence income for the elderly and for persons with reduced earning capacity under Chapter 4 of Book XII of the Social Code (Leistungen der Grundsicherung im Alter und bei Erwerbsminderung nach dem Vierten Kapitel des Zwölften Buches Sozialgesetzbuch); |
(b) |
Benefits to cover subsistence costs under the basic provision for jobseekers in accordance with Book II of the Social Code (Leistungen zur Sicherung des Lebensunterhalts in der Grundsicherung für Arbeitssuchende nach dem Zweiten Buch Sozialgesetzbuch). |
GREECE
Special benefits for the elderly (Law 1296/82).
HUNGARY
(a) |
Invalidity annuity (Decree No 83/1987 (XII 27) of the Council of Ministers on Invalidity Annuity); |
(b) |
Old age allowance (Act III of 1993 on Social Administration and Social Benefits). |
IRELAND
(a) |
Jobseekers' allowance (Social Welfare Consolidation Act 2005, Part 3, Chapter 2); |
(b) |
State pension (non-contributory) (Social Welfare Consolidation Act 2005, Part 3, Chapter 4); |
(c) |
Widow's, widower's, or surviving civil partners (non-contributory) pension (Social Welfare Consolidation Act 2005, Part 3, Chapter 6); |
(d) |
Disability allowance (Social Welfare Consolidation Act 2005, Part 3, Chapter 10); |
(e) |
Mobility allowance (Health Act 1970 (as amended), Section 61); |
(f) |
Blind pension (Social Welfare Consolidation Act 2005, Part 3, Chapter 5). |
ITALY
(a) |
Social pensions for persons without means (Law No 153 of 30 April 1969); |
(b) |
Pensions and allowances for the civilian disabled or invalids (Laws No 118 of 30 March 1971, No 18 of 11 February 1980 and No 508 of 23 November 1988); |
(c) |
Pensions and allowances for the deaf and dumb (Laws No 381 of 26 May 1970 and No 508 of 23 November 1988); |
(d) |
Pensions and allowances for the civilian blind (Laws No 382 of 27 May 1970 and No 508 of 23 November 1988); |
(e) |
Benefits supplementing the minimum pensions (Laws No 218 of 4 April 1952, No 638 of 11 November 1983 and No 407 of 29 December 1990); |
(f) |
Benefits supplementing disability allowances (Law No 222 of 12 June 1984); |
(g) |
Social allowance (Law No 335 of 8 August 1995); |
(h) |
Social increase (Article 1(1) and (12) of Law No 544 of 29 December 1988 and successive amendments). |
LATVIA
(a) |
State Social Security Benefit (Law on State Social Benefits of 1 January 2003); |
(b) |
Allowance for the compensation of transportation expenses for disabled persons with restricted mobility (Law on State Social Benefits of 1 January 2003). |
LITHUANIA
(a) |
Social assistance disability and old age pensions (Law of 1994 on Social Assistance Pensions No 1-675, Article 5 and 6, as amended); |
(b) |
Relief compensation (Law of 1994 on Social Assistance Pensions No I-675, Article 12, as amended); |
(c) |
Transport compensation for the disabled who have mobility problems (Law of 2000 on Transport Compensation, Article 7 and 71, as amended). |
LUXEMBOURG
Income for the seriously disabled (Article 1(2), Law of 12 September 2003), with the exception of persons recognised as being disabled workers and employed on the mainstream labour market or in a sheltered environment.
MALTA
(a) |
Supplementary allowance (Section 73 of the Social Security Act (Cap. 318) 1987); |
(b) |
Age pension (Social Security Act (Cap. 318) 1987). |
NETHERLANDS
(a) |
Work and Employment Support for Disabled Young Persons Act of 24 April 1997 (Wet Wajong); |
(b) |
Supplementary Benefits Act of 6 November 1986 (TW). |
POLAND
(a) |
Social pension (Renta socjalna) Act of 27 June 2003 on social pensions (Ustawa o rencie socjalnej); |
(b) |
Supplementary parental benefit (Rodzicielskie świadczenie uzupełniające Mama 4+) Act of 31 January 2019 on supplementary parental benefit (Ustawa o rodzicielskim świadczeniu uzupełniającym); |
(c) |
Supplementary benefit for persons unable to live independently (Świadczenie uzupełniające dla osób niezdolnych do samodzielnej egzystencji) Act of 31 July on supplementary benefit for persons unable to live independently (Ustawa o świadczeniu uzupełniającym dla osób niezdolnych do samodzielnej egzystencji). |
PORTUGAL
(a) |
Non-contributory State old-age pension (Decree-Law No 464/80 of 13 October 1980, amended); |
(b) |
Non-contributory widowhood pension (Regulatory Decree No 52/81 of 11 November 1981); |
(c) |
Solidarity supplement for the elderly (Decree – Law No 232/2005 of 29 December 2005, amended). |
SLOVAKIA
(a) |
Adjustment awarded before 1 January 2004 to pensions constituting the sole source of income; |
(b) |
Social pension which has been awarded before 1 January 2004. |
SPAIN
(a) |
Minimum income guarantee (Law No 13/82 of 7 April 1982); |
(b) |
Cash benefits to assist the elderly and invalids unable to work (Royal Decree No 2620/81 of 24 July 1981):
|
(c) |
Allowances to promote mobility and to compensate for transport costs (Law No 13/1982 of 7 April 1982). |
SWEDEN
(a) |
Housing supplement (Chapters 100-103 of the Social Insurance Code [2010:110]); |
(b) |
Financial support for the elderly (Chapter 74 of the Social Insurance Code [2010:110]). |
PART 2
LONG-TERM CARE BENEFITS
(Point (d) of Article SSC.3(4) of this Protocol)
(i) UNITED KINGDOM
(a) |
Attendance Allowance (Social Security Contributions and Benefits Act 1992, Social Security (Attendance Allowance) Regulations 1991, Social Security Contributions and Benefits (Northern Ireland) Act 1992 and Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992) |
(b) |
Carer's Allowance (Social Security Contributions and Benefits Act 1992, The Social Security (Invalid Care Allowance) Regulations 1976, Social Security Contributions and Benefits (Northern Ireland) Act 1992 and The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 |
(c) |
Disability Living Allowance, care component (Social Security Contributions and Benefits Act 1992, Social Security (Disability Living Allowance) Regulations 1991, Social Security Contributions and Benefits (Northern Ireland) Act 1992 and Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992) |
(d) |
Personal Independence Payment, daily living component (Welfare Reform Act 2012 (Part 4), Social Security (Personal Independence Payment) Regulations 2013, The Personal Independence Payment (Transitional Provisions) Regulations 2013, Personal Independence Payment (Transitional Provisions) (Amendment) Regulations 2019, Welfare Reform (Northern Ireland) Order 2015 (Part 5), The Personal Independence Payment Regulations (Northern Ireland) 2016, The Personal Independence Payment (Transitional Provisions) Regulations (Northern Ireland) 2016 and Personal Independence Payment (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2019) |
(e) |
Carer's Allowance Supplement (The Social Security (Scotland) Act 2018) |
(f) |
Young Carer's Grant (The Carer's Assistance (Young Carer Grants) (Scotland) Regulations 2020 (as amended)) |
(g) |
Child Winter Heating Assistance (The Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020 (SSI 2020/352)) |
(ii) MEMBER STATES
AUSTRIA
Federal Long-term care allowance Act (Bundespflegegeldgesetz, BPGG), original version BGBl. no. 110/1993, as amended: Pflegegeld (§1), Pflegekarenzgeld (§21c).
BELGIUM
(a) |
Article 93 paragraph 8 and Chapter Vbis of the Health Care and Sickness Benefit Compulsory Insurance Act (Loi relative à l'assurance obligatoire soins de santé et indemnités/Wet betreffende de verplichte verzekering voor geneeskundige verzorging en uitkeringen), coordinated on 14 July 1994. |
(b) |
Act of 27 February 1987 on allowances for persons with disabilities (Loi relative aux allocations aux personnes handicapées/Wet betreffende de tegemoetkomingen aan gehandicapten). |
(c) |
Flemish social protection (Vlaamse sociale bescherming): Decree of the Flemish Parliament of 18 May 2018 on the organisation of Flemish social protection (Decreet houdende Vlaamse sociale bescherming/) and Orders of the Flemish government of 30 November 2018;
|
(d) |
Decree of 13 December 2018 on offers to elderly or dependent persons as well as on palliative care (Dekret über die Angebote für Senioren und Personen mit Unterstützungsbedarf sowie über die Palliativpflege). |
(e) |
Decree of 4th June 2007 on psychiatric nursing homes (Dekret über die psychiatrischen Pflegewohnheime). |
(f) |
Government Decree of 20 June 2017 on mobility aids (Erlass über die Mobilitätshilfen). |
(g) |
Decree of 13 December 2016 on the establishment of a German Community Office for self-determined life (Dekret zur Schaffung einer Dienststelle der Deutschsprachigen Gemeinschaft für selbstbestimmtes Leben). |
(h) |
Royal Decree of 5th March 1990 on the allowance for assistance to the elderly (Königliches Dekret vom 5. März 1990 über die Beihilfe für ältere Menschen). |
(i) |
Order of 21 December 2018 on Brussels health insurance bodies in the field of health care and assistance to people (Ordonnantie van 21 december 2018 betreffende de Brusselse verzekeringsinstellingen in het domein van de gezondheidszorg en de hulp aan personen/Ordonnance du 21 décembre 2018 relative aux organismes assureurs bruxellois dans le domaine des soins de santé et de l'aide aux personnes). |
(j) |
Article 215 bis Royal Decree of 3 July 1996 implementing the law on compulsory insurance for health care and benefits, coordinated on 14 July 1994 (Artikel 215 bis Koninklijk Besluit van 3 juli 1996 tot uitvoering van de wet betreffende de verplichte verzekering voor geneeskundige verzorging en uitkeringen, gecoördineerd op 14 juli 1994/ Article 215 bis Arrêté royal du 3 juillet 1996 portant application de la loi sur l'assurance obligatoire des soins de santé et des prestations, coordonné le 14 juillet 1994). |
(k) |
Article 12 Royal Decree of 20 July 1971 concerning the implementation of a benefit insurance and maternity insurance for the benefit of the self-employed and the assisting spouses (Artikel 12 Koninklijk Besluit van 20 juli 1971 betreffende de uitvoering houdende instelling van een uitkeringsverzekering en een moederschapsverzekering ten voordele van de zelfstandigen en van de meewerkende echtgenoten/ Article 12 Arrêté royal du 20 juillet 1971 relatif à la mise en place de l'assurance de prévoyance et de l'assurance maternité au profit des indépendants et des conjoints aidants). |
(l) |
Art. 43/32 - 43/46 of the Walloon Code of Social Action and Health: Allowance for Assistance to the Elderly. |
(m) |
Art. 799 of the Walloon Regulatory Code for Social Action and Health: Personal Assistance Budget. |
(n) |
Decree of 8 February 2018 on the administration and payment of family benefits. |
(o) |
Law of 19 December 1939 on family allowances (LGAF): Family allowance. |
(p) |
Order of 10 December 2020 on the allowance for assistance to the elderly (Ordonnantie van 10 december betreffende de tegemoetkoming voor hulp aan bejaarden/Ordonnance du 10 décembre 2020 relative à l'allocation pour l'aide aux personnes âgées). |
(q) |
Decree of the Flemish Parliament of 18 May 2018 on the organisation of Flemish social protection (Decreet van 18 mei 2018 houdende Vlaamse sociale bescherming) and Orders of the Flemish government of 30 November 2018:
|
(r) |
Decree of 13 December 2018 on offers for the elderly and people in need of support and on palliative care (Dekret vom 13. Dezember 2018 über die Angebote für Senioren und Personen mit Unterstützungsbedarf sowie über die Palliativpflege). |
(s) |
Decree 4 June 2007 on Psychiatric Nursing Homes (Dekret über die psychiatrischen Pflegewohnheime). |
(t) |
Government decree of 20 June 2017 relating to mobility aids (Erlass über die Mobilitätshilfen). |
(u) |
Decree of 13 December 2016 establishing an Office of the German-speaking Community for a self-determined life (Dekret zur Schaffung einer Dienststelle der Deutschsprachigen Gemeinschaft für selbstbestimmtes Leben). |
(v) |
Royal Decree of 5 March 1990 relating to the allowance for assistance to the elderly (Königliches Dekret vom 5. März 1990 über die Beihilfe für ältere Menschen). |
(w) |
Government decree of 19 December 2019 relating to the transitional regulation of the procedure for obtaining a prior authorization or consent to cover the costs or share the costs of long-term rehabilitation abroad (Erlass der Regierung zur übergangsweisen Regelung des Verfahrens zur Erlangung einer Vorabgeehmigung oder Zustimmung zwecks Kostenübernahme oder Kostenbeteiligung für eine Langzeitrehabilitation im Ausland). |
(x) |
Order of 21 December 2018 on Brussels health insurance bodies in the field of health care and assistance to people (Ordonnantie van 21 december 2018 betreffende de Brusselse verzekeringsinstellingen in het domein van de gezondsheidszorg en de hulp aan personen/Ordonnance du 21 décembre 2018 relative aux organismes assureurs bruxellois dans le domaine des soins de santé et de l'aide aux personnes). |
(y) |
Coordinated Law on Hospitals and Other Care Institutions of 10 July 2008:
|
(z) |
Law on Compulsory Health Care and Indemnity Insurance, coordinated on 14 July 1994:
|
(aa) |
Royal Decree of 18 July 2001 laying down the rules according to which the budget of financial means, the quota of days of stay and the price per day of stay are determined for protected housing initiatives: Services provided by Protected Housing Initiatives (IHP). |
(bb) |
Royal Decree of 31 August 2009 relating to the intervention of health care and compensation insurance for assistance with smoking cessation. |
(cc) |
Walloon Code of Social Action and Health:
|
(dd) |
Walloon Regulatory Code for Social Action and Health: Art. 726:
|
(ee) |
Decree of 9 March 2017 relating to the price of accommodation and the financing of certain equipment for heavy medical-technical services in hospitals: Medico-social infrastructures. |
(ff) |
Order of the Walloon Government of 15 May 2008: Medico-social infrastructures. |
(gg) |
Royal Decree of 14 May 2003: Integrated home care services. |
(hh) |
Cooperation agreement of 31 December 2018 between the Flemish Community, the Walloon Region, the French Community Commission, the Joint Community Commission and the German-speaking Community concerning mobility aids (Samenwerkingsakkoord van 31 december 2018 tussen de Vlaamse Gemeenschap, de Franse Gemeenschapscommissie en de Gemeenschappelijke Gemeenschapscommissie betreffende de mobiliteitshulpmiddelen/Accord de collaboration du 31 décembre 2018 entre la Communauté flamande, la Commission communautaire française et la Commission communautaire commune sur les aides à la mobilité). |
(ii) |
(Cooperation agreement of 31 December 2018 between the Flemish Community, the French Community Commission and the Joint Community Commission concerning the single point of contact for mobility aids in the bilingual Brussels-Capital region (Samenwerkingsakkoord van 31 december 2018 tussen de Vlaamse Gemeenschap, de Franse Gemeenschapscommissie en de Gemeenschappelijke Gemeenschapscommissie betreffende het uniek loket voor de mobiliteitshulpmiddelen in het tweetalige gebied Brussel-Hoofdstad/Accord de coopération du 31 décembre 2018 entre la Communauté flamande, la Commission communautaire française et la Commission communautaire commune relatif au guichet unique pour les aides à la mobilité dans la région bilingue de Bruxelles-Capitale). |
BULGARIA
(a) |
Article 103 of the Social Insurance Code (член 103 от Кодекса за социално осигуряване), 1999 title amended 2003. |
(b) |
Law on Social Assistance (Закон за социално подпомагане), 1998. |
(c) |
Regulation on the Implementation of the Law on Social Assistance (Правилник за прилагане на Закона за социално подпомагане), 1998. |
(d) |
Persons with Disabilities Act (Закон за хората с увреждания), 2019. |
(e) |
Personal Assistance Act (Закон за личната помощ), 2019. |
(f) |
Regulation on the Implementation of the Persons with Disabilities Act (Правилник за прилагане на Закона за интеграция на хората с увреждания), 2019. |
(g) |
Ordinance on the medical expertise (Наредба за медицинската експертиза), 2017. |
CROATIA
(a) |
The Social Welfare Act (Zakon o socijalnoj skrbi, OG 157/13, 152/14, 99/15, 52/16, 16/17, 130/17, 98/19, 64/20 and 138/20):
|
(b) |
The Foster Care Act (Zakon o udomiteljstvu OG 115/18):
|
CYPRUS
(a) |
Social Welfare Services (Υπηρεσίες Κοινωνικής Ευημερίας). |
(b) |
The Guaranteed Minimum Income and in General the Social Benefits (Emergency Needs and Care Needs) Regulations and Decrees as they are amended or superseded. Homes for the Elderly and Disabled Persons Laws (Οι περί Στεγών για Ηλικιωμένους και Αναπήρους Νόμοι) of 1991 - 2011. [L. 222/91 and L. 65(I)/2011]. |
(c) |
Adult Day-Care Centres Laws (Οι περί Κέντρων Ενηλίκων Νόμοι) (L. 38(Ι)/1997 and L.64(Ι)/2011). |
(d) |
State Aid Scheme, under the Regulation 360/2012 for the provision of services of general economic interest (De minimis) [Σχέδιο Κρατικών Ενισχύσεων 'Ησσονος Σημασίας, βαση του Κανονισμού 360/2012 για την παροχή υπηρεσιών γενικού οικονομικού συμφέροντος]. |
(e) |
Welfare Benefits Administration Service (Υπηρεσία Διαχείρισης Επιδομάτων Πρόνοιας). |
(f) |
The Guaranteed Minimum Income and generally for Welfare Benefits Law of 2014 as it is amended or superseded. |
(g) |
The Guaranteed Minimum Income and generally for Welfare Benefits Regulations and Decrees as they are amended or superseded. |
CZECHIA
Care Allowance according to the Act. No. 108/2006 on social services (Zákon o sociálních službách).
DENMARK
(a) |
Consolidation Act on Social Service (Lov om social service):
|
(b) |
Consolidation Act on Housing Subsidy (Lov om individuel boligstøtte):
|
(c) |
Consolidation Act on Social Housing (Lov om almene boliger):
|
ESTONIA
(a) |
Social Welfare Act (Sotsiaalhoolekande seadus) 2016. |
(b) |
Social Benefits for Disabled Persons Act (Puuetega inimeste sotsiaaltoetuste seadus) 1999. |
FRANCE
(a) |
Supplement for a third party (majoration pour tierce personne, MTP): Articles L. 341-4 and L. 355-1 of the Social Security Code (Code de la sécurité sociale). |
(b) |
Supplementary benefit for recourse to a third party (prestation complémentaire pour recours à tierce personne): Article L. 434-2 of the Social Security Code. |
(c) |
Special education supplement for a disabled child (complément d'allocation d'éducation de l'enfant handicapé): Article L. 541-1 of the Social Security Code. |
(d) |
Disability compensation allowance (prestation de compensation du handicap, PCH): Articles L. 245-1 to L. 245-14 of the Social action and Family Code (Code de l'action sociale et des familles). |
(e) |
Allowance for loss of autonomy (allocation personnalisée d'autonomie, APA): Articles L. 232-1 to L. 232-28 of the Social action and Family Code (Code de l'action sociale et des familles). |
GERMANY
Long term care benefits under Chapter 4 of Book XI of the Social Code (Leistungen der Pflegeversicherung nach Kapitel 4 des Elften Buches Sozialgesetzbuch).
GREECE
(a) |
Law No. 1140/1981, as amended. |
(b) |
Legislative Decree No. 162/73 and Joint Ministerial Decision No. Π4β/5814/1997. |
(c) |
Ministerial Decision No. Π1γ/ΑΓΠ/οικ.14963 of 9 October 2001. |
(d) |
Law No. 4025/2011. |
(e) |
Law No. 4109/2013. |
(f) |
Law No. 4199/2013 art. 127. |
(g) |
Law No. 4368/2016 art. 334. |
(h) |
Law No. 4483/2017 art. 153. |
(i) |
Law No. 498/1-11-2018, art. 28, 30 and 31, for the "Unified Health Benefits Regulation" of the National Service Provider Organization Health (EOPYY). |
HUNGARY
Long-term care benefits for persons providing personal care (Act III of 1993 on Social Administration and Social Assistance supplemented by Government and Ministerial decrees).
IRELAND
(a) |
Nursing Homes Support Scheme Act 2009 (No. 15 of 2009). |
(b) |
Domiciliary Care Allowance (Social Welfare Consolidation Act 2005, Part 3, Chapter 8A). |
ITALY
(a) |
Law No. 118 of 30 March 1971 on civilian invalidity benefits (Legge 30 Marzo 1971, n. 118 - Conversione in Legge del D.L. 30 gennaio 1971, n. 5 e nuove norme in favore dei mutilati ed invalidi civili). |
(b) |
Law No. 18 of 11 February 1980 on Constant attendance allowance (Legge 11 Febbraio 1980, n. 18 - Indennità di accompagnamento agli invalidi civili totalmente inabili). |
(c) |
Law No. 104 of 5 February 1992, Article 33 (Framework law on disability) (Legge 5 Febbraio 1992, n. 104 - Legge-quadro per l'assistenza, l'integrazione sociale e i diritti delle persone handicappate). |
(d) |
Legislative Decree No. 112 of 31 March 1998 on the transfer of legislative tasks and administrative competences from the State to the Regions and local entities (Decreto Legislativo 31 Marzo 1998, n. 112 - Conferimento di funzioni e compiti amministrativi dello Stato alle regioni ed agli enti locali, in attuazione del capo I della Legge 15 Marzo 1997, n. 59). |
(e) |
Law No. 183 of 4 November 2010, Article 24, modifying the rules regarding the permits for the assistance to disabled persons in difficult situations (Legge n. 183 del 4 Novembre 2010, art. 24 - Modifiche alla disciplina in materia di permessi per l'assistenza a portatori di handicap in situazione di gravità). |
(f) |
Law No. 147 of 27 December 2013 containing provisions for drawing up the annual and pluri-annual budget of the State – Stability Law 2014 (Disposizioni per la formazione del bilancio annuale e pluriennale dello Stato - Legge di stabilità 2014). |
LATVIA
(a) |
Law on Social Services and Social Assistance (Sociālo pakalpojumu un sociālās palīdzības likums) 31/10/2002. |
(b) |
Medical Treatment Law (Ārstniecības likums) 12/06/1997. |
(c) |
Law on Patient Rights (Pacientu tiesību likums) 30/12/2009. |
(d) |
Regulations of the Cabinet of Ministers No. 555 on Health care organisation and payment procedure (Ministru kabineta 2018. gada 28. augusta noteikumi Nr.555 "Veselības aprūpes pakalpojumu organizēšanas un samaksas kārtība") 28/08/2018. |
(e) |
Regulations of the Cabinet of Ministers No. 275 on Procedures for Payment of Social Care and Social Rehabilitation Services and the Procedures for Covering Service Costs from a Local Government Budget (Ministru kabineta 2003. gada 27. maija noteikumi Nr.275 "Sociālās aprūpes un sociālās rehabilitācijas pakalpojumu samaksas kārtība un kārtība, kādā pakalpojuma izmaksas tiek segtas no pašvaldības budžeta") 27/05/2003. |
(f) |
Regulations of the Cabinet of Ministers No.138 on Receiving of Social Services and Social Assistance (Ministru kabineta 2019.gada 2.aprīļa noteikumi Nr 138 "Noteiku mi par sociālo pakalpojumu un sociālās palīdzības saņemšanu") 02/04/2019. |
(g) |
Law on State Social Benefits - allowance for a disabled person for whom care is necessary (Valsts sociālo pabalstu likums) 01/01/2003. |
LITHUANIA
(a) |
Law of the Republic of Lithuania of 29 June 2016 on Target Compensations No XII-2507 (Lietuvos Respublikos tikslinių kompensacijų įstatymas). |
(b) |
Law of the Republic of Lithuania of 21 May 1996 on Health Insurance No I-1343 (Lietuvos Respublikos sveikatos draudimo įstatymas). |
(c) |
Law of the Republic of Lithuania of 19 July 1994 on the Health System No I-552 (Lietuvos Respublikos sveikatos sistemos įstatymas). |
(d) |
Law of the Republic of Lithuania of 6 June 1996 on Health Care Institutions No I-1367 (Lietuvos Respublikos sveikatos priežiūros įstaigų įstatymas). |
LUXEMBOURG
Benefits subject to long-term care insurance under the Social Security Code, Book V - Long-term care insurance, namely:
— |
Care and support to perform activities of daily living; |
— |
Activities to support independence and autonomy; |
— |
Activities for individual supervision, group supervision and night-time supervision; |
— |
Activities of caregiver training; |
— |
Activities of assistance with household chores; |
— |
Support activities in long-term care facility; |
— |
Lump-sum allowance for incontinence products; |
— |
Assistive technology and assistive technology training; |
— |
Home adaptations; |
— |
Lump-sum cash benefit in replacing benefits in kind for activities of daily living and for activities of assistance with household chores provided by the caregiver in accordance with the summary of care and assistance; |
— |
Coverage of caregiver's pension contributions; |
— |
Lump sum cash benefits for certain disease. |
MALTA
(a) |
Social Security Act (Att dwar is-Sigurta' Socjali) (Cap. 318). |
(b) |
Subsidiary Legislation 318.19: State-Owned Institutions and Hostels Rates Regulations (Regolamenti dwar it-Trasferiment ta' Fondi għal Hostels Statali Indikati). |
(c) |
Subsidiary Legislation 318.17: Transfer of Funds (Government Financed Beds) Regulations (Regolamenti dwar it-Trasferiment ta' Fondi għal Sodod Iffinanzjati mill-Gvern). |
(d) |
Subsidiary Legislation 318.13: State Financed Residential Services Rates Regulations (Regolamenti dwar Rati għal Servizzi Residenzjali Finanzjali mill-Istat). |
(e) |
Carer's Allowance – Social Security Act Article 68(1)a. |
(f) |
Increased Carer's Allowance – Social Security Act Article 68(1)b. |
THE NETHERLANDS
Long term care act (Wet langdurige zorg (WLZ)), Law of 3 December 2014.
POLAND
(a) |
Medical Care Allowance (zasiłek pielęgnacyjny), Special Attendance Allowance (specjalny zasiłek opiekuńczy), Nursing Benefit (świadczenie pielęgnacyjne) Act of 28 November 2003 on Family Benefits (Ustawa o świadczeniach rodzinnych). |
(b) |
Allowance for Caregiver (zasiłek dla opiekuna) Act of 4 April 2014 on Determination and Payments of the Allowances for Caregivers (Ustawa o ustalaniu i wypłacaniu zasiłków dla opiekunów). |
PORTUGAL
Social insurance and guaranteeing sufficient resources:
(a) |
Dependency Supplement: Decree-Law No 265/99 of 14 July 1999, amended (complemento por dependência). |
(b) |
Dependency Supplement under the special protection system in case of disability: Act No 90/2009 of 31 August 2009, re-published in consolidated version by Decree-Law No 246/2015 of 20 October 2015, amended (regime especial de proteção na invalidez). |
Social security system and National Health Service:
(c) |
National network for integrated continuous care: Decree-Law No 101/06 of 6 June 2006, re-published in a consolidated version by Decree-Law No 136/2015 of 28 July 2015 (rede de cuidados continuados integrados). |
(d) |
Integrated continuous care in mental health: Decree-Law No 8/2010 of 28 January 2010, amended and republished by Decree-Law No 22/2011 of 10 February 2011 on the creation of units and teams for integrated continuous care in mental health (unidades e equipas de cuidados continuados integrados de saúde mental). |
(e) |
Pediatric Care (National Network for Integrated Continuous Care): Decree order No 343/2015 of 12 October 2015 on standards governing hospital and ambulatory paediatric care within the framework of the national network for integrated continuous care (condições de instalação e funcionamento das unidades de internamento de cuidados integrados e de ambulatório pediátricas da Rede Nacional de Cuidados Continuados Integrados). |
(f) |
Informal Carer (allowance): Act No 100/2019 of 6 September on the status of informal carer (Estatuto do cuidador informal). |
ROMANIA
(a) |
Law no. 448/2006 from 6 December 2006 on the Protection and Promotion of the Rights of Persons with Disabilities, with subsequent amendments and completions:
|
(b) |
Law no. 584/2002 on measures to prevent the spread of malady AIDS in Romania and to protect the persons infected with HIV or AIDS, with subsequent amendments and completions:
|
SLOVENIA
No specific law related to long-term care.
Long-term care benefits are included in the following acts:
(a) |
Pension and Disability Insurance Act (Zakon o pokojninskem in invalidskem zavarovanju) (Official Gazette of the Republic of Slovenia, no. 96/2012, and subsequent amendments). |
(b) |
Financial Social Assistance Act (Zakon o socialno vartsvenih prejemkih) (Official Gazette of the Republic of Slovenia, no. 61/2010, and subsequent amendments). |
(c) |
Exercise of Rights to Public Funds Act (Zakon o uveljavljanju pravic iz javnih sredstev) (Official Gazette of the Republic of Slovenia, no. 62/2010, and subsequent amendments). |
(d) |
Social Protection Act (Zakon o socialnem varstvu) (Official Gazette of the Republic of Slovenia, no. 3/2004 – official consolidated text, and subsequent amendments). |
(e) |
Parental Care and Family Benefits Act (Zakon o starševskem varstvu in družinskih prejemkih) (Official Gazette of the Republic of Slovenia, no. 110/2006 – official consolidated text, and subsequent amendments). |
(f) |
Mentally and Physically Handicapped Persons Act (Zakon o družbenem varstvu duševno in telesno prizadetih oseb) (Official Gazette of the Republic of Slovenia, no. 41/83, and subsequent amendments). |
(g) |
Health Care and Health Insurance Act (Zakon o zdravstvenem varstvu in zdravstvenem zavarovanju) (Official Gazette of the Republic of Slovenia, no. 72/2006 – official consolidated text, and subsequent amendments). |
(h) |
War Veterans Act (Zakon o vojnih veteranih) (Official Gazette of the Republic of Slovenia, no 59/06 official consolidated text, and subsequent amendments). |
(i) |
War Disability Act (Zakon o vojnih invalidih) (Official Gazette of the Republic of Slovenia, no 63/59 official consolidated text, and subsequent amendments). |
(j) |
Fiscal Balance Act (Zakon za uravnoteženje javnih finance (ZUJF)) (Official Gazette of the Republic of Slovenia, no. 40/2012, and subsequent amendments). |
(k) |
Act Regulating Adjustments of Transfers to Individuals and Households in the Republic of Slovenia (Zakon o usklajevanju transferjev posameznikom in gospodinjstvom v Republiki Sloveniji) (Official Gazette of the Republic of Slovenia, no. 114/2006 – official consolidated text, and subsequent amendments). |
SPAIN
(a) |
Law No. 39/2006 on the Promotion of Personal Autonomy and Assistance to persons in situations of dependence of 14 December 2006, as amended. |
(b) |
Ministerial Order of 15 April 1969. |
(c) |
Royal Decree No. 1300/95 of 21 July 1995, as amended. |
(d) |
Royal Decree No. 1647/97 of 31 October 1997, as amended. |
SWEDEN
(a) |
Care allowance (Chapter 22 of the Social Insurance Code [2010:110]). |
(b) |
Extra cost allowance (Chapter 50 of the Social Insurance Code [2010:110]). |
(c) |
Assistance allowance (Chapter 51 of the Social Insurance Code [2010:110]). |
(d) |
Car allowance (Chapter 52 of the Social Insurance Code [2010:110]). |
PART 3
PAYMENTS WHICH ARE CONNECTED TO A BRANCH OF SOCIAL SECURITY LISTED IN ARTICLE SSC.3(1) OF THIS PROTOCOL AND WHICH ARE PAID TO MEET EXPENSES FOR HEATING IN COLD WEATHER
(Point (f) of Article SSC.3(4) of this Protocol)
(i) UNITED KINGDOM
Winter Fuel Payment (Social Security Contributions and Benefits Act 1992, Social Fund Winter Fuel Payment Regulations 2000, Social Security Contributions and Benefits (Northern Ireland) Act 1992 and Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000).
(ii) MEMBER STATES
DENMARK
(a) |
Act on Social and state pensions, LBK no. 983 of 23/09/2019. |
(b) |
Regulations on social and state pensions, BEK no. 1602 of 27/12/2019. |
ANNEX SSC-3
MORE RIGHTS FOR PENSIONERS RETURNING TO THE COMPETENT STATE
(Article SSC.25(2) of this Protocol)
AUSTRIA
BELGIUM
BULGARIA
CYPRUS
CZECHIA
FRANCE
GERMANY
GREECE
HUNGARY
LATVIA
LITHUANIA
LUXEMBOURG
THE NETHERLANDS
POLAND
PORTUGAL
ROMANIA
SLOVENIA
SPAIN
SWEDEN
ANNEX SSC-4
CASES IN WHICH THE PRO RATA CALCULATION SHALL BE WAIVED OR SHALL NOT APPLY
(Article SSC.47(4) and (5) of this Protocol)
PART 1
CASES IN WHICH THE PRO RATA CALCULATION SHALL BE WAIVED PURSUANT TO ARTICLE SSC.47(4)
AUSTRIA
(a) |
All applications for benefits under the Federal Act of 9 September 1955 on General Social Insurance – ASVG, the Federal Act of 11 October 1978 on social insurance for self-employed persons engaged in trade and commerce – GSVG, the Federal Act of 11 October 1978 on social insurance for self-employed farmers – BSVG and the Federal Act of 30 November 1978 on social insurance for the self-employed in the liberal professions (FSVG); |
(b) |
All applications for survivors' pensions based on a pension account pursuant to the General Pensions Act (APG) of 18 November 2004, with the exception of cases under Part 2; |
(c) |
All applications for survivors' pensions of the Austrian Provincial Chambers of Physicians (Landesärztekammer) based on basic provision (basic and any supplementary benefit, or basic pension); |
(d) |
All applications for survivors' support from the pension fund of the Austrian Chamber of Veterinary Surgeons; |
(e) |
All applications for benefits from widows and orphans pensions according to the statutes of the welfare institutions of the Austrian bar associations, Part A; |
(f) |
All applications for benefits under the Notary Insurance Act of 3 February 1972 – NVG 1972. |
CYPRUS
All applications for old age, widow's and widower's pensions.
DENMARK
All applications for pensions referred to in the law on social pensions, except for pensions mentioned in Annex SSC-5 to this Protocol.
IRELAND
All applications for state pension (contributory), widow's, widower's, and surviving civil partners (contributory) pension.
LATVIA
All applications for survivor's pensions (Law on State pensions of 1 January 1996; Law on State funded pensions of 1 July 2001).
LITHUANIA
All applications for State social insurance survivor's pensions calculated on the basis of the basic amount of survivor's pension (Law on State Social Insurance Pensions).
NETHERLANDS
All applications for old-age pensions under the law on general old-age insurance (AOW).
POLAND
All applications for old-age under the defined benefits scheme and survivors' pensions, except for the cases where the totalised periods of insurance completed under the legislation of more than one country are equal to or longer than 20 years for women and 25 years for men but the national periods of insurance are inferior to these limits (and not less than 15 years for women and 20 years for men), and the calculation is made under Articles 27 and 28 of the Act of 17 December 1998 (O.J. 2015, item 748).
PORTUGAL
All applications for old-age and survivors' pension claims, except for the cases where the totalised periods of insurance completed under the legislation of more than one country are equal to or longer than 21 calendar years but the national periods of insurance are equal or inferior to 20 years, and the calculation is made under Articles 32 and 33 of Decree-Law No 187/2007 of 10 May 2007, amended.
SLOVAKIA
(a) |
All applications for survivors' pension (widow's pension, widower's and orphan's pension) calculated according to the legislation in force before 1 January 2004, the amount of which is derived from a pension formerly paid to the deceased; |
(b) |
All applications for pensions calculated pursuant to Act No 461/2003 Coll. on social security as amended. |
SWEDEN
(a) |
Applications for an old-age pension in the form of a guaranteed pension for persons born in or before 1937 (Chapter 66 of the Social Insurance Code [2010:110]). |
(b) |
Applications for an old-age pension in the form of a supplementary pension (Chapter 63 of the Social Insurance Code [2010:110]). |
UNITED KINGDOM
All applications for retirement pension, state pension pursuant to Part 1 of the Pensions Act 2014, widows' and bereavement benefits, with the exception of those for which during a tax year beginning on or after 6 April 1975:
(i) |
the party concerned had completed periods of insurance, employment or residence under the legislation of the United Kingdom and a Member State; and one (or more) of the tax years was not considered a qualifying year within the meaning of the legislation of the United Kingdom; |
(ii) |
the periods of insurance completed under the legislation in force in the United Kingdom for the periods prior to 5 July 1948 would be taken into account for the purposes of point (b) of Article SSC.47(1) of this Protocol by application of the periods of insurance, employment or residence under the legislation of a Member State. |
All applications for additional pension pursuant to the Social Security Contributions and Benefits Act 1992, section 44, and the Social Security Contributions and Benefits (Northern Ireland) Act 1992, section 44.
PART 2
CASES IN WHICH ARTICLE SSC.47(5)APPLIES
AUSTRIA
(a) |
Old-age pensions and survivor's pensions derived thereof based on a pension account pursuant to the General Pensions Act (APG) of 18 November 2004; |
(b) |
Compulsory allowances under Article 41 of the Federal Law of 28 December 2001, BGBl I Nr. 154 on the general salary fund of Austrian pharmacists (Pharmazeutische Gehaltskasse für Österreich); |
(c) |
Retirement and early retirement pensions of the Austrian Provincial Chambers of Physicians based on basic provision (basic and any supplementary benefit, or basic pension), and all pension benefits of the Austrian Provincial Chambers of Physicians based on additional provision (additional or individual pension); |
(d) |
Old-age support from the pension fund of the Austrian Chamber of Veterinary Surgeons; |
(e) |
Benefits according to the statutes of the welfare institutions of the Austrian bar associations, Parts A and B, with the exception of applications for benefits from widows' and orphans' pensions according to the statutes of the welfare institutions of the Austrian bar associations, Part A; |
(f) |
Benefits by the welfare institutions of the Federal Chamber of Architects and Consulting Engineers under the Austrian Civil Engineers' Chamber Act (Ziviltechnikerkammergesetz) 1993 and the statutes of the welfare institutions, with the exception of benefits on grounds of survivors' benefits deriving from the last-named benefits; |
(g) |
Benefits according to the statute of the welfare institution of the Federal Chamber of Professional Accountants and Tax Advisors under the Austrian Professional Accountants and Tax Advisors' Act (Wirtschaftstreuhandberufsgesetz). |
BULGARIA
Old age pensions from the Supplementary Compulsory Pension Insurance, under Part II, Title II, of the Social Insurance Code.
CROATIA
Pensions from the compulsory insurance scheme based on the individual capitalised savings according to the Compulsory and Voluntary Pension Funds Act (OG 49/99, as amended) and the Act on Pension Insurance Companies and Payment of Pensions Based on Individual Capitalised Savings (OG 106/99, as amended), except in the cases provided by Articles 47 and 48 of the Compulsory and Voluntary Pension Funds Act and survivor's pension).
DENMARK
(a) |
Personal pensions; |
(b) |
Benefits in the event of death (accrued based on contributions to Arbejdsmarkedets Tillægspension related to the time before 1 January 2002); |
(c) |
Benefits in the event of death (accrued based on contributions to Arbejdsmarkedets Tillægspension related to the time after 1 January 2002) referred to in the Consolidated Act on Labour Market Supplementary Pension (Arbejdsmarkedets Tillægspension) 942:2009. |
ESTONIA
Mandatory funded old-age pension scheme.
FRANCE
Basic or supplementary schemes in which old-age benefits are calculated on the basis of retirement points.
HUNGARY
Pension benefits based on membership of private pension funds.
LATVIA
Old-age pensions (Law on State pensions of 1 January 1996; Law on State funded pensions of 1 July 2001).
POLAND
Old-age pensions under the defined contribution scheme.
PORTUGAL
Supplementary pensions granted pursuant to Decree-Law No 26/2008 of 22 February 2008, amended (public capitalisation scheme).
SLOVAKIA
Mandatory old-age pension saving.
SLOVENIA
Pension from compulsory supplementary pension insurance.
SWEDEN
Old-age pension in the form of an income pension and a premium pension (Chapters 62 and 64 of the Social Insurance Code[2010:110]).
UNITED KINGDOM
Graduated retirement benefits paid pursuant to the National Insurance Act 1965, sections 36 and 37, and the National Insurance Act (Northern Ireland) 1966, sections 35 and 36.
ANNEX SSC-5
BENEFITS AND AGREEMENTS WHICH ALLOW THE APPLICATION OF ARTICLE SSC.49
I. |
Benefits referred to in point (a) of Article SSC.49(2) of this Protocol, the amount of which is independent of the length of periods of insurance or residence completed |
DENMARK
The full Danish national old-age pension acquired after 10 years' residence by persons who will have been awarded a pension by 1 October 1989
FINLAND
National pensions and spouse's pensions determined according to the transitional rules and awarded prior to the 1 of January 1994 (Act on Enforcement of the National Pensions Act, 569/2007)
The additional amount of child's pension when calculating independent benefit according to the National Pension Act (the National Pension Act, 568/2007)
FRANCE
Widower's or widow's invalidity pension under the general social security system or under the agricultural workers scheme where it is calculated on the basis of the deceased spouse's invalidity pension settled in accordance with point (a) of Article SSC.47(1)
GREECE
Benefits under Law No 4169/1961 relating to the agricultural insurance scheme (OGA)
NETHERLANDS
General Surviving Relatives Act of 21 December 1995 (ANW)
The Work and Income according to Labour Capacity Act of 10 November 2005 (WIA)
SPAIN
Survivors' pensions granted under the general and special schemes, with the exception of the Special Scheme for Civil Servants
SWEDEN
(a) |
Income-related sickness compensation and income-related activity compensation (Chapter 34 of the Social Insurance Code [2010:110]) |
(b) |
Guaranteed pension and guaranteed compensation which replaced the full state pension awarded under the legislation on state pension which applied before 1 January 1993, and the full state pension awarded under the transitional rules of the legislation applying from that date |
II. |
Benefits referred to in point (b) of Article SSC.49(2) of this Protocol, the amount of which is determined by reference to a credited period deemed to have been completed between the date on which the risk materialised and a later date |
FINLAND
Employment pensions for which account is taken of future periods according to the national legislation
GERMANY
Survivors' pensions, for which account is taken of a supplementary period
Old-age pensions, for which account is taken of a supplementary period already acquired
ITALY
Italian pensions for total incapacity for work (inabilità)
LATVIA
Survivors' pension calculated on the basis of assumed insurance periods (Article 23(8) of the Law on State Pensions of 1 January 1996)
LITHUANIA
(a) |
State social insurance work incapacity pensions, paid under the Law on State Social Insurance Pensions |
(b) |
State social insurance survivors' and orphans' pensions, calculated on the basis of the work incapacity pension of the deceased under the Law on State Social Insurance Pensions |
LUXEMBOURG
Survivors' pensions
SLOVAKIA
Slovak survivors' pension derived from the invalidity pension
SPAIN
The pensions for retirement under the Special Scheme for Civil Servants due under Title I of the consolidated text of the Law on State Pensioners if at the time of materialisation of the risk the beneficiary was an active civil servant or treated as such; death and survivors' (widows'/widowers', orphans' and parents') pensions due under Title I of the consolidated text of the Law on State Pensioners if at the time of death the civil servant was active or treated as such
SWEDEN
(a) |
Sickness compensation and activity compensation in the form of guaranteed compensation (Chapter 35 of the Social Insurance Code [2010:110]) |
(b) |
Survivors' pension calculated on the basis of credited insurance periods (Chapters 76-85 of the Social Insurance Code [2010:110]) |
III. |
Agreements referred to in point (b)(i) of Article SSC.49(2) of this Protocol intended to prevent the same credited period being taken into account two or more times:
The Social Security Agreement of 28 April 1997 between the Republic of Finland and the Federal Republic of Germany The Social Security Agreement of 10 November 2000 between the Republic of Finland and the Grand Duchy of Luxembourg Nordic Convention on social security of 12 June 2012 |
ANNEX SSC-6
SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF THE MEMBER STATES AND OF THE UNITED KINGDOM
Article SSC.3(2), Article SSC.51(1) and Article SSC.66)
AUSTRIA
1. |
For the purpose of acquiring periods in the pension insurance, attendance at a school or comparable educational establishment in another State shall be regarded as equivalent to attendance at a school or educational establishment pursuant to Articles 227(1)(1) and 228(1)(3) of the Allgemeines Sozialversicherungsgesetz (ASVG) (General Social Security Act), Article 116(7) of the Gewerbliches Sozialversicherungsgesetz (GSVG) (Federal Act on Social Insurance for Persons engaged in Trade and Commerce) and Article 107(7) of the Bauern-Sozialversicherungsgesetz (BSVG) (Social Security Act for Farmers), when the person concerned was subject at some time to Austrian legislation on the grounds that he pursued an activity as an employed or self-employed person, and the special contributions provided for under Article 227(3) of the ASVG, Article 116(9) of the GSVG and Article 107(9) of the BSGV for the purchase of such periods of education, are paid. |
2. |
For the calculation of the pro rata benefit referred to in point (b) of Article SSC.47(1) of this Protocol, special increments for contributions for supplementary insurance and the miners' supplementary benefit under Austrian legislation shall be disregarded. In those cases the pro rata benefit calculated without those contributions shall, if appropriate, be increased by unreduced special increments for contributions for supplementary insurance and the miners' supplementary benefit. |
3. |
Where pursuant to Article SSC.7 of this Protocol substitute periods under an Austrian pension insurance scheme have been completed but cannot form a basis for calculation pursuant to Articles 238 and 239 of the ASVG, Articles 122 and 123 of the GSVG and Articles 113 and 114 of the BSVG, the calculation basis for periods of childcare pursuant to Article 239 of the ASVG, Article 123 of the GSVG and Article 114 of the BSVG shall be used. |
4. |
In the cases referred to in Article SSC 39, for the determination of the amount of invalidity benefits under the Austrian legislation, the provisions of Chapter 5 of the Protocol shall apply mutatis mutandis. |
BULGARIA
Article 33(1) of the Bulgarian Health Insurance Act applies to all persons for whom Bulgaria is the competent Member State under Chapter 1 of Title III of this Protocol.
CYPRUS
For the purpose of applying the provisions of Articles SSC.7, SSC.46 and SSC.56 of this Protocol, for any period commencing on or after 6 October 1980, a week of insurance under the legislation of the Republic of Cyprus is determined by dividing the total insurable earnings for the relevant period by the weekly amount of the basic insurable earnings applicable in the relevant contribution year, provided that the number of weeks so determined shall not exceed the number of calendar weeks in the relevant period.
CZECHIA
1. |
For the purposes of defining members of the family in accordance with point (s) of Article SSC.1 of this Protocol, "spouse" includes registered partners as defined in the Czech act no. 115/2006 Coll., on registered partnership. |
2. |
Notwithstanding Articles SSC.6 and SSC.7 of this Protocol, for the purposes of granting the supplementary benefit in respect of insurance periods completed under the legislation of the former Czech and Slovak Federal Republic, solely the insurance periods completed under the Czech legislation can be taken into account in order to meet the condition of at least one year of Czech pension insurance within the defined period after the date of dissolution of the federation (§ 106a, paragraph 1, letter b) of Act No. 155/1995 Coll., on pension insurance). |
3. |
In the cases referred to in Article SSC 39, in determination of the amount of invalidity benefit according to the Act No. 155/1995 Coll., the provisions of Chapter 5 of the Protocol shall apply mutatis mutandis. |
DENMARK
1. |
|
2. |
|
3. |
The temporary benefit for unemployed persons who have been admitted to the ledighedsydelse (flexible job' scheme) (Law No 455 of 10 June 1997) is covered by Chapter 6 of Title III of this Protocol. |
4. |
Where the beneficiary of a Danish social pension is also entitled to a survivor's pension from another State, those pensions for the implementation of Danish legislation shall be regarded as benefits of the same kind within the meaning of Article SSC.48(1), subject to the condition, however, that the person whose periods of insurance or of residence serve as the basis for the calculation of the survivor's pension had also acquired a right to a Danish social pension. |
FINLAND
1. |
For the purposes of determining entitlement and of calculating the amount of the Finnish national pension under Articles SSC.47, SSC.48 and 49 of this Protocol, pensions acquired under the legislation of another State are treated in the same way as pensions acquired under Finnish legislation. |
2. |
When applying point (b)(i) of Article SSC.47(1) of this Protocol for the purpose of calculating earnings for the credited period under Finnish legislation on earnings-related pensions, where an individual has pension insurance periods based on activity as an employed or self-employed person in another State for part of the reference period under Finnish legislation, the earnings for the credited period shall be equivalent to the sum of earnings obtained during the part of the reference period in Finland, divided by the number of months for which there were insurance periods in Finland during the reference period. |
FRANCE
1. |
For persons receiving benefits in kind in France pursuant to Article SSC.15 or SSC.24 of this Protocol who are resident in the French departments of Haut-Rhin, Bas-Rhin or Moselle, benefits in kind provided on behalf of the institution of another State which is responsible for bearing their cost include benefits provided by both the general sickness insurance scheme and the obligatory supplementary local sickness insurance scheme of Alsace-Moselle. |
2. |
French legislation applicable to a person engaged, or formerly engaged, in an activity as an employed or self-employed person for the application of Chapter 5 of Title III of this Protocol includes both the basic old-age insurance scheme(s) and the supplementary retirement scheme(s) to which the person concerned was subject. |
GERMANY
1. |
Notwithstanding point (a) of Article SSC.6 of this Protocol and point 1 of Article 5(4) of the Sozialgesetzbuch VI (Volume VI of the Social Code), a person who receives a full old-age pension under the legislation of another State may request to be compulsorily insured under the German pension insurance scheme. |
2. |
Notwithstanding point (a) of Article SSC.6 of this Protocol and Article 7 of the Sozialgesetzbuch VI (Volume VI of the Social Code), a person who is compulsorily insured in another State, or receives an old-age pension under the legislation of another State may join the voluntary insurance scheme in Germany. |
3. |
For the purpose of granting cash benefits under §47(1) of SGB V, §47(1) of SGB VII and §24i of SGB V to insured persons who live in another State, German insurance schemes calculate net pay, which is used to assess benefits, as if the insured person lived in Germany, unless the insured person requests an assessment on the basis of the net pay which he actually receives. |
4. |
Nationals of other States whose place of residence or usual abode is outside Germany and who fulfil the general conditions of the German pension insurance scheme may pay voluntary contributions only if they had been voluntarily or compulsorily insured in the German pension insurance scheme at some time previously; this also applies to stateless persons and refugees whose place of residence or usual abode is in another State. |
5. |
The pauschale Anrechnungszeit (fixed credit period) pursuant to Article 253 of the Sozialgesetzbuch VI (Volume VI of the Social Code) shall be determined exclusively with reference to German periods. |
6. |
In cases where the German pension legislation, in force on 31 December 1991, is applicable for the recalculation of a pension, only the German legislation applies for the purposes of crediting German Ersatzzeiten (substitute periods). |
7. |
The German legislation on accidents at work and occupational diseases to be compensated for under the law governing foreign pensions and on benefits for insurance periods which can be credited under the law governing foreign pensions in the territories named in paragraph 1(2)(3) of the Act on affairs of displaced persons and refugees (Bundesvertriebenengesetz) continues to apply within the scope of application of this Protocol, notwithstanding the provisions of paragraph 2 of the Act on foreign pensions (Fremdrentengesetz). |
8. |
For the calculation of the theoretical amount referred to in point (b)(i) of Article SSC.47(1) of this Protocol, in pension schemes for liberal professions, the competent institution shall take as a basis, in respect of each of the years of insurance completed under the legislation of any other State, the average annual pension entitlement acquired during the period of membership of the competent institution through the payment of contributions. |
GREECE
1. |
Law No 1469/84 concerning voluntary affiliation to the pension insurance scheme for Greek nationals and foreign nationals of Greek origin is applicable to nationals of other States, stateless persons and refugees, where the persons concerned, regardless of their place of residence or stay, have at some time in the past been compulsorily or voluntarily affiliated to the Greek pension insurance scheme. |
2 |
Notwithstanding point (a) of Article SSC.6 of this Protocol and Article 34 of Law 1140/1981, a person who receives a pension in respect of accidents at work or occupational diseases under the legislation of another State may request to be compulsorily insured under the legislation applied by OGA, to the extent that they pursue an activity falling within the scope of that legislation. |
IRELAND
Notwithstanding Article SSC.19(2) and Article SSC.57 of this Protocol, for the purposes of calculating the prescribed reckonable weekly earnings of an insured person for the grant of sickness or unemployment benefit under Irish legislation, an amount equal to the average weekly wage of employed persons in the relevant prescribed year shall be credited to that insured person in respect of each week of activity as an employed person under the legislation of another State during that prescribed year.
MALTA
Special provisions for civil servants
(a) |
Solely for the purposes of the application of Articles SSC.43 and SSC.55 of this Protocol, persons employed under the Malta Armed Forces Act (Chapter 220 of the Laws of Malta), the Police Act (Chapter 164 of the Laws of Malta), the Prisons Act (Chapter 260 of the Laws of Malta) and the Civil Protection Act (Chapter 411 of the Laws of Malta) shall be treated as civil servants. |
(b) |
Pensions payable under the above Acts and under the Pensions Ordinance (Chapter 93 of the Laws of Malta) shall, solely for the purposes of point (cc) of Article SSC.1 of this Protocol, be considered as "special schemes for civil servants". |
NETHERLANDS
1. |
Health care insurance
|
2. |
Application of the Algemene Ouderdomswet (AOW) (General Old Age Pensions Act)
|
3. |
Application of the Algemene nabestaandenwet (ANW) (General Surviving Relatives Act)
|
4. |
Application of Dutch legislation relating to incapacity for work In calculating benefits under either the WAO, WIA or the WAZ, the Netherlands institutions shall take account of:
|
SPAIN
1. |
For the purpose of implementing of this Protocol, the years which the worker lacks to reach the pensionable or compulsory retirement age as stipulated under Article 31(4) of the consolidated version of the Ley de Clases Pasivas del Estado (Law on State Pensioners) shall be taken into account as actual years of service to the State only if at the time of the event in respect of which death pensions are due, the beneficiary was covered by Spain's special scheme for civil servants or was performing an activity assimilated under the scheme, or if, at the time of the event in respect of which the pensions are due, the beneficiary was performing an activity that would have required the person concerned to be included under the State's special scheme for civil servants, the armed forces or the judiciary, had the activity been performed in Spain. |
2. |
|
3. |
Periods completed in other States which must be calculated in the special scheme for civil servants, the armed forces and the judicial administration, will be treated in the same way, for the purposes of Article SSC.51 of this Protocol, as the periods closest in time covered as a civil servant in Spain. |
4. |
The additional amounts based on age referred to in the Second Transitional Provision of the General Law on Social Security shall be applicable to all beneficiaries under this Protocol who have contributions to their name under the Spanish legislation prior to 1 January 1967; it shall not be possible, by application of Article SSC.6 of this Protocol, to treat periods of insurance credited in another State prior to 1 January 1967 as being the same as contributions paid in Spain, solely for the purposes of this Protocol. The date corresponding to 1 January 1967 shall be 1 August 1970 for the Special Scheme for Seafarers and 1 April 1969 for the Special Social Security Scheme for Coal Mining. |
SWEDEN
1. |
The provisions of the Protocol on the aggregation of insurance periods and periods of residence shall not apply to the transitional provisions in the Swedish legislation on entitlement to guaranteed pension for persons born in or before 1937 who have been resident in Sweden for a specified period before applying for a pension (Chapter 6 of the Act [2010:111] on the introduction of the Social Insurance Code). |
2. |
For the purpose of calculating income for notional income-related sickness compensation and income-related activity compensation in accordance with Chapter 34 of the Social Insurance Code (2010:110), the following shall apply. Where the insured person, during the reference period, has also been subject to the legislation of one or more other States on account of activity as an employed or self-employed person, income in the State(s) concerned shall be deemed to be equivalent to the insured person's average gross income in Sweden during the part of the reference period completed in Sweden, calculated by dividing the earnings in Sweden by the number of years over which those earnings accrued. |
3. |
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UNITED KINGDOM
1. |
Where, in accordance with United Kingdom legislation, a person may be entitled to a retirement pension if:
|
2. |
For the purposes of Article SSC.8 of this Protocol in the case of old-age or survivors' cash benefits, pensions for accidents at work or occupational diseases and death grants, any beneficiary under United Kingdom legislation who is staying in the territory of another State shall, during that stay, be considered as if they resided in the territory of that other State.
|
3. |
Where receipt of Widowed Parent's Allowance or Bereavement Support Payment (higher rate) is contingent on entitlement to UK Child Benefit, a person meeting all other eligibility criteria, and who would be eligible to receive UK Child Benefit if they, or the relevant child, were resident in the UK, will not be prevented from claiming Widowed Parent's Allowance or Bereavement Support Payment (higher rate) in accordance with this Protocol, notwithstanding the fact that UK Child Benefit is excluded from the material scope of this Protocol under Article SSC.3(4)(g). |
APPENDIX SSCI-1
ADMINISTRATIVE ARRANGEMENTS BETWEEN TWO OR MORE STATES
(referred to in Article SSCI.8 of this Annex)
BELGIUM — UNITED KINGDOM
The Exchange of Letters of 4 May and 14 June 1976 regarding Article 105(2) of Regulation (EEC) No 574/72 (waiving of reimbursement of the costs of administrative checks and medical examinations)
The Exchange of Letters of 18 January and 14 March 1977 regarding Article 36(3) of Regulation (EEC) No 1408/71 (arrangement for reimbursement or waiving of reimbursement of the costs of benefits in kind provided under the terms of Chapter 1 of Title III of Regulation (EEC) No 1408/71) as amended by the Exchange of Letters of 4 May and 23 July 1982 (agreement for reimbursement of costs incurred under Article 22(1)(a) of Regulation (EEC) No 1408/71)
DENMARK — UNITED KINGDOM
The Exchange of Letters of 30 March and 19 April 1977 as modified by an Exchange of Letters of 8 November 1989 and of 10 January 1990 on agreement of waiving of reimbursement of the costs of benefits in kind and administrative checks and medical examinations
ESTONIA — UNITED KINGDOM
The Arrangement finalised on 29 March 2006 between the Competent Authorities of the Republic of Estonia and of the United Kingdom under Article 36(3) and 63(3) of Regulation (EEC) No 1408/71 establishing other methods of reimbursement of the costs of benefits in kind provided under Regulation (EC) No 883/2004 by both countries with effect from 1 May 2004
FINLAND — UNITED KINGDOM
The Exchange of Letters 1 and 20 June 1995 concerning Article 36(3) and 63(3) of Regulation (EEC) No 1408/71 (reimbursement or waiving of reimbursement of the cost of benefits in kind) and Article 105(2) of Regulation (EEC) 574/72 (waiving of reimbursement of the cost of administrative checks and medical examinations)
FRANCE — UNITED KINGDOM
The Exchange of Letters of 25 March and 28 April 1997 regarding Article 105(2) of Regulation (EEC) No 574/72 (waiving of reimbursement of the costs of administrative checks and medical examinations)
The Agreement of 8 December 1998 on the specific methods of determining the amounts to be reimbursed for benefits in kind pursuant to Regulations (EEC) No 1408/71 and (EEC) No 574/72
HUNGARY — UNITED KINGDOM
The Arrangement finalised on 1 November 2005 between the Competent Authorities of the Republic of Hungary and of the United Kingdom under Article 35(3) and 41(2) of Regulation (EEC) No 883/2004 establishing other methods of reimbursement of the costs of benefits in kind provided under that Regulation by both countries with effect from 1 May 2004
IRELAND — UNITED KINGDOM
The Exchange of Letters of 9 July 1975 regarding Article 36(3) and 63(3) of Regulation (EEC) No 1408/71 (arrangement for reimbursement or waiving of reimbursement of the costs of benefits in kind provided under the terms of Chapter 1 or 4 of Title III of Regulation (EEC) No 1408/71) and Article 105(2) of Regulation (EEC) No 574/72 (waiving of reimbursement of the costs of administrative checks and medical examinations)
ITALY — UNITED KINGDOM
The Arrangement signed on 15 December 2005 between the Competent Authorities of the Italian Republic and of the United Kingdom under Article 36(3) and 63(3) of Regulation (EEC) No 1408/71 establishing other methods of reimbursement of the costs of benefits in kind provided under Regulation (EC) No 883/2004 by both countries with effect from 1 January 2005
LUXEMBOURG — UNITED KINGDOM
The Exchange of Letters of 18 December 1975 and 20 January 1976 regarding Article 105(2) of Regulation (EEC) No 574/72 (waiving of reimbursement of the costs entailed in administrative checks and medical examinations referred to in Article 105 of Regulation (EEC) No 574/72)
MALTA — UNITED KINGDOM
The Arrangement finalised on 17 January 2007 between the Competent Authorities of Malta and of the United Kingdom under Article 35(3) and 41(2) of Regulation (EEC) No 883/2004 establishing other methods of reimbursement of the costs of benefits in kind provided under that Regulation by both countries with effect from 1 May 2004
NETHERLANDS — UNITED KINGDOM
The second sentence of Article 3 of the Administrative Arrangement of 12 June 1956 on the implementation of the Convention of 11 August 1954
PORTUGAL — UNITED KINGDOM
The Arrangement of 8 June 2004 establishing other methods of reimbursement of the costs of benefits in kind provided by both countries with effect from 1 January 2003
SPAIN — UNITED KINGDOM
The Agreement of 18 June 1999 on the reimbursement of costs for benefits in kind granted pursuant to the provisions of Regulations (EEC) No 1408/71 and (EEC) No 574/72
ANNEX II TO DECISION No 1/2021
ANNEX SSC-8
TRANSITIONAL PROVISIONS REGARDING THE APPLICATION OF ARTICLE SSC.11
MEMBER STATES
Austria
Belgium
Bulgaria
Croatia
Cyprus
Czechia
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Latvia
Lithuania
Luxembourg
Malta
Netherlands
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
24.9.2021 |
EN |
Official Journal of the European Union |
L 339/123 |
COMMISSION DECISION (EU) 2021/1711
of 23 September 2021
appointing members of the panel assisting the Commission in the selection of candidates to perform the duties of members of international investment courts and tribunals
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Whereas:
(1) |
On 16 December 2020, the Commission adopted Decision C(2020) 8905 final setting up a panel to assist the Commission in the selection of candidates to perform the duties of members of international investment courts and tribunals and of rosters or other international courts and tribunals (the ‘panel’). |
(2) |
In accordance with Decision C(2020) 8905 final, the purpose of the panel is to ensure a rigorous selection process and ensure the highest standards of independent, impartiality and competence of the individuals selected. |
(3) |
Pursuant to Article 4(1) of Decision C(2020) 8905 final, the panel should be composed of four members, one of whom should be nominated by the Commission, one by Council, one by the Member States, and one by the European Parliament. |
(4) |
In January 2021, the Commission published an open call for application for the Commission’s nominee to the panel (1) .In the meantime, both the European Parliament and the Council, together with the Member States, carried out their procedures for the selection of their respective nominees to the panel. |
(5) |
On 17 March 2021, the President of the European Parliament informed the President of the Commission of the names of a female and a male candidate for the Parliament’s nominee to the panel, in order to allow the Commission to take into account the overall gender balance of the panel in its appointment decision. |
(6) |
On 17 May 2021, the Commission completed its selection process. |
(7) |
On 22 July 2021, the Council informed the Commission of the names of the respective nominees of the Council and of the Member States, |
HAS ADOPTED THIS DECISION:
Article 1
The following persons are appointed as members of the panel established by Decision C(2020) 8905 final:
(1) |
Mr Bruno Simma; |
(2) |
Ms Inge Govaere; |
(3) |
Mr Jan Klabbers; |
(4) |
Mr Pavel Šturma. |
Article 2
In accordance with Article 4(6) of Decision C(2020) 8905 finaland following determination by lot:
(1) |
Ms Inge Govaere and Mr Pavel Šturma are appointed for a non-renewable periodof six years starting from the date of publication of this Decision; |
(2) |
Mr Bruno Simma and Mr Jan Klabbers are appointed for a non-renewable period of nine years starting from the date of publication of this Decision. |
Article 3
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Brussels, 23 September 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1) Available at https://trade.ec.europa.eu/doclib/docs/2021/january/tradoc_159356.01.2021.pdf