ISSN 1977-0677 |
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Official Journal of the European Union |
L 308 |
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English edition |
Legislation |
Volume 62 |
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Corrigenda |
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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. |
II Non-legislative acts
REGULATIONS
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/1 |
COMMISSION DELEGATED REGULATION (EU) 2019/1974
of 17 May 2019
supplementing Regulation (EU) No 1295/2013 of the European Parliament and of the Council by establishing additional qualitative and quantitative performance indicators
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1295/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Creative Europe Programme (2014 to 2020) and repealing Decisions No 1718/2006/EC, No 1855/2006/EC and No 1041/2009/EC (1), and in particular Article 20 thereof,
Whereas:
(1) |
Regulation (EU) No 1295/2013, which established the Creative Europe Programme (‘the programme’), includes specific provisions on the monitoring of the programme as well as a list of indicators to be used for the measurement of its performance. However, shortcomings of the current framework impeded the proper monitoring of the programme. |
(2) |
With regard to the programme’s configuration, whilst the general and specific objectives listed in Articles 3 and 4 of Regulation (EU) No 1295/2013 apply uniformly to both sub-programmes as well as the cross-sectoral strand, the seven priorities of the MEDIA sub-programme referred to in Article 9 and the six priorities of the Culture sub-programme referred to in Article 12 duplicate specific objectives. Some priorities refer to the programme’s objectives whilst others refer to the sub-programmes’ or actions’ objectives. As a result, the outputs cannot be directly linked to the intermediary and final results. |
(3) |
In addition, the indicators referred to in Article 18(1) of Regulation (EU) No 1295/2013 do not allow a comprehensive monitoring of the programme’s progress and performance towards the set objectives. Currently, there are output and result indicators, but only a limited number of indicators could qualify as impact indicators. Finally, there is a set of indicators for the assessment of the overall market performance which cannot be used for the measurement of the programme’s performance. |
(4) |
There is a need for a comprehensive review of the programme’s performance monitoring framework, with the introduction of additional qualitative and quantitative indicators. During the course of the mid-term external evaluation of the programme the Commission developed new programme indicators, in the light of the experience of the implementation of the programme so far. |
(5) |
The proposed set of indicators should constitute the framework for measuring the progress of the programme in the achievement of its objectives. The new indicators should be used both for the regular monitoring of the programme and for the final evaluation in accordance with Article 18(5) of Regulation (EU) No 1295/2013. |
(6) |
The performance of the programme should be measured at programme level, at sub-programme and at individual scheme level for which the proposed new indicators have been designed. This should provide useful information regarding the Cultural and Creative sectors of the programme, as well as the Cultural and Audiovisual sectors in relation to the sub-programmes. Scheme-based indicators, on the other hand, should provide information on the implementation of particular sub-programme schemes, |
HAS ADOPTED THIS REGULATION:
Article 1
1. In addition to the indicators for the general objectives referred to in point (a) of Article 18(1) of Regulation (EU) No 1295/2013, the following performance indicators shall also apply:
(a) |
the number of jobs generated by the programme in the Cultural and Creative sectors; |
(b) |
the financial contribution of the Cultural and Creative sectors leveraged by the programme for the funded projects; |
(c) |
the number of people accessing European cultural and creative works generated by the programme, including, where possible, works from countries other than their own; |
(d) |
the number and share of audiovisual companies that report improved market position due to MEDIA sub-programme support. |
2. In addition to the indicators for the specific objectives referred to in point (b) of Article 18(1) of Regulation (EU) No 1295/2013, the following performance indicators shall also apply:
(a) |
the number and scale of transnational partnerships created with the support of the programme, including the country of origin of the beneficiary organisations; |
(b) |
the number of cultural and creative activities organised transnationally with the Culture sub-programme’s support; |
(c) |
the number of participants in learning experiences and activities, supported by the programme, having improved their competences and increased their employability (including the proportion of women); |
(d) |
qualitative evidence of success stories in the field of artistic, business and technological innovation due to the programme support; |
(e) |
list of awards, nominations and prizes granted to audiovisual works supported by the MEDIA sub-programme in the framework of the main major international festivals and national academies (including Berlinale, Cannes, Oscars, European Film Awards). |
3. In addition to the indicators for the specific objectives referred to in point (c) of Article 18(1) of Regulation (EU) No 1295/2013, the following performance indicators shall also apply:
(a) |
the number of admissions in the Member States for films from other Member States, distributed in the Union with the support of the programme; |
(b) |
the share of admissions in the Member States for films from other Member States; |
(c) |
the percentage of the Union audiovisual works in cinemas and on digital platforms supported by the programme; |
(d) |
the average number of non-national territories in which the supported titles or films and television works have been distributed; |
(e) |
the number of co-productions developed and created with the support of the programme, including the share of co-productions with diverse partners; |
(f) |
the proportion of audiovisual works supported by the MEDIA sub-programme, which are directed or written by women. |
4. In addition to the indicators for the specific objectives referred to in point (d) of Article 18(1) of Regulation (EU) No 1295/2013, the following performance indicators shall also apply:
(a) |
the number of artists and cultural and creative professionals as well as general public, directly and indirectly reached through projects supported by the Culture sub-programme; |
(b) |
the number of supported project participants who report new or enhanced market or professional opportunities; |
(c) |
the number of projects supported by the programme addressed to disadvantaged groups, among others people with a migrant background, people with disabilities and unemployed persons, especially unemployed young people. |
(d) |
the size (micro, small, medium-sized and large) of the organisations participating in the projects (annual headcount and annual turnover or annual balance sheet); |
(e) |
the number and relative share of small-scale and large-scale cooperation projects supported by the Culture sub-programme; |
(f) |
the number of artists and cultural and creative professionals geographically mobile beyond national borders due to the Culture sub-programme support, by country of origin and gender; |
(g) |
the number of literary translations undertaken per year with the programme support; |
(h) |
the number and percentage of translations from lesser-used languages supported by the programme; |
(i) |
the number of books produced with the support of the programme. |
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, 17 May 2019.
For the Commission
The President
Jean-Claude JUNCKER
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/4 |
COMMISSION IMPLEMENTING REGULATION (EU) 2019/1975
of 31 October 2019
amending Implementing Regulation (EU) 2015/220 laying down rules for the application of Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Union
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1217/2009 of 30 November 2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Union (1), and in particular the third subparagraph of Article 5(1), Articles 5a(2), 5b(7), 6(5) and 7(2), the third and fourth subparagraphs of Article 8(3) and Article 19(3) thereof,
Whereas:
(1) |
Due to the adoption of Regulation (EU) 2018/1091 of the European Parliament and of the Council (2) and Commission Implementing Regulation (EU) 2018/1874 (3), which introduced the Integrated Farm Statistics (IFS), the Union typology for agricultural holdings set out in Commission Implementing Regulation (EU) 2015/220 (4) needs to be adapted. |
(2) |
The type of farming and the economic size of the holding is to be determined on the basis of an economic criterion. It is appropriate to use the standard output referred to in Article 5b(2) of Regulation (EC) No 1217/2009 and to introduce the concept of ‘standard output coefficient’ for that purpose. Those standard output coefficients need to be established by product and in line with the list of variables of the IFS set out in Annex III of Regulation (EU) 2018/1091 and described in Annex I to Implementing Regulation (EU) 2018/1874 and a correspondence between the variables of the IFS and the headings of the farm return of the Farm Accountancy Data Network (FADN) needs to be established. The relevant products for which a standard output coefficient is required should be defined in Implementing Regulation (EU) 2015/220 rather than in Regulation (EU) 2018/1091. |
(3) |
Articles 11 to 14 of Implementing Regulation (EU) 2015/220 set out detailed procedures in relation to the standard fee. In order to facilitate the network operations of collection of accountancy data on the incomes and business operation of agricultural holdings in the Union, the responsibilities in relation to due completion of the farm returns and to the standard fee need to be clarified. In addition, in accordance with Article 19(2) of Regulation (EC) No 1217/2009, it is appropriate to specify that costs in respect of the setting up and operation of the National Committee, Regional Committees and liaison agencies are under the responsibility of the Member States. |
(4) |
In order to support earlier availability, completeness and increased quality of accountancy data submitted by Member States, the deadlines for data transmission and the procedure in relation to the payment of the standard fee have been reviewed by the Commission and consequently, there is a need to modify them. They are linked to the timing of delivery and completeness of the FADN data delivered to the Commission. |
(5) |
Following the request of Czechia and Denmark to change the number of returning holdings and threshold of economic size due to structural changes in agriculture, it is appropriate to allow those Member States to revise their selection plans or threshold of economic size for the accounting year 2020 and to redistribute or adjust the number of returning holdings accordingly. |
(6) |
Annex IV to Implementing Regulation (EU) 2015/220 provides the correspondence table linking Implementing Regulation (EU) 2018/1874 and the FADN farm returns. In this annex, the terms ‘standard output’ and ‘standard output coefficient’ should be defined. There is a need to align the correspondence table in that Annex to reflect the definition of variables in Regulation (EU) 2018/1091 and Implementing Regulation (EU) 2018/1874. |
(7) |
In Annex VI to Implementing Regulation (EU) 2015/220, the principles for calculation of ‘standard output’ and ‘standard output coefficient’ should be defined. They should be calculated for each relevant product and for each region by the Member States. In order to avoid potential errors and provide basis for reflection on a common methodology, Member States should be required to submit their methodology(ies) for calculating their respective standard output coefficients to the Commission. |
(8) |
Annex VIII to Implementing Regulation (EU) 2015/220 sets out the form and layout of the accountancy data contained in the farm returns. For the sake of clarity, that Annex should be adapted to reflect the abolition of the sugar quota and the resulting changes to the notification obligations as set out in Commission Implementing Regulation (EU) 2017/1185 (5), the need to align the depreciation of ‘biological assets – plants’ to the international accounting standards, the need to align the names of the standard output coefficients to the names used in Implementing Regulation (EU) 2018/1874 and the new codes introduced by Regulation (EU) 2017/2393 of the European Parliament and of the Council (6). |
(9) |
Implementing Regulation (EU) 2015/220 should therefore be amended accordingly. |
(10) |
Having regard to the nature of the amendments, this Regulation should apply as from the accounting year 2020. |
(11) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Farm Accountancy Data Network, |
HAS ADOPTED THIS REGULATION:
Article 1
Implementing Regulation (EU) 2015/220 is amended as follows:
(1) |
Article 6 is replaced by the following: ‘Article 6 Standard output coefficient and total standard output of a holding 1. The method for the calculation to determine the standard output coefficient of each characteristic as referred to in Article 5b(2) of Regulation (EC) No 1217/2009 and the procedure for collecting the corresponding data are set out in Annexes IV and VI to this Regulation. The standard output coefficient of the different characteristics of a holding as referred to in Article 5b(2) of Regulation (EC) No 1217/2009 shall be determined for the crop and livestock variables listed in Part B.I of Annex IV to this Regulation and for each geographical unit referred to in point 2(b) of Annex VI to this Regulation. 2. The total standard output of a holding shall be obtained by multiplying the standard output coefficient of each crop and livestock variable by the number of corresponding units.’; |
(2) |
in Article 11, the following second paragraph is added: ‘Accountancy offices and administrative departments carrying out duties of accountancy offices shall be responsible for the due and timely completion of the farm returns so that they can be submitted by liaison agencies within the deadlines referred to in Article 14(3) and (4) of this Regulation.’; |
(3) |
in Article 13, the following third, fourth and fifth paragraphs are added: ‘The standard fee shall contribute to the costs of due completion of the farm returns and of improvements of data delivery timings, processes, systems, procedures and overall quality of the farm returns, in particular by the accountancy offices and by administrative departments carrying out duties of accountancy offices in this respect. The standard fee paid to the Member States for the eligible number of duly completed farm returns transferred to the Commission shall become the resources of the Member State and no longer of the Union. Covering the costs in respect of the setting up and operation of the National Committee, Regional Committees and liaison agencies shall be under the responsibility of the Member States.’; |
(4) |
in Article 14(4), the first subparagraph is replaced by the following: ‘4. To the increase of the standard fee under points (a) and (b) of paragraph 3 may be added EUR 2 for the accounting year 2018, EUR 5 for the accounting years 2019 and 2020 and EUR 10 from the accounting year 2021 where the accountancy data has been verified by the Commission in accordance with point (b) of the first paragraph of Article 13 of this Regulation and is deemed duly completed in accordance with Article 8(2) of Regulation (EC) No 1217/2009, either at the moment of its submission to the Commission, or within 40 working days from the date on which the Commission informed the submitting Member State that the submitted accountancy data is not duly completed.’; |
(5) |
Annexes I, II, IV, VI and VIII are amended in accordance with 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.
It shall apply from the accounting year 2020.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 October 2019.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 328, 15.12.2009, p. 27.
(2) Regulation (EU) 2018/1091 of the European Parliament and of the Council of 18 July 2018 on integrated farm statistics and repealing Regulations (EC) No 1166/2008 and (EU) No 1337/2011 (OJ L 200, 7.8.2018, p. 1).
(3) Commission Implementing Regulation (EU) 2018/1874 of 29 November 2018 on the data to be provided for 2020 under Regulation (EU) 2018/1091 of the European Parliament and of the Council on integrated farm statistics and repealing Regulations (EC) No 1166/2008 and (EU) No 1337/2011, as regards the list of variables and their description (OJ L 306, 30.11.2018, p. 14).
(4) Commission Implementing Regulation (EU) 2015/220 of 3 February 2015 laying down rules for the application of Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Union (OJ L 46, 19.2.2015, p. 1).
(5) Commission Implementing Regulation (EU) 2017/1185 of 20 April 2017 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations (OJ L 171, 4.7.2017, p. 113).
(6) Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material (OJ L 350, 29.12.2017, p. 15).
ANNEX
Annexes I, II, IV, VI and VIII to Implementing Regulation (EU) 2015/220 are amended as follows:
(1) |
in Annex I, the entries related to Czechia and Denmark are replaced by the following:
|
(2) |
in Annex II, the entries related to Czechia and Denmark are replaced by the following:
|
(3) |
Annex IV is amended as follows:
|
(4) |
Annex VI is replaced by the following: ‘ANNEX VI STANDARD OUTPUT COEFFICIENTS (SOCs) REFERRED TO IN ARTICLE 6 1. DEFINITION AND PRINCIPLES FOR CALCULATION OF SOCs
2. BREAKDOWN OF SOCs
3. COLLECTION OF DATA FOR DETERMINING SOCs
4. EXECUTION The Member States are responsible, in accordance with the provisions of this Annex, for collecting the basic data needed for calculating the SOCs and for calculating them, for converting them into EUR and for collecting the data required for applying the updating method, if appropriate. The Member States shall submit their collection and calculation methodologies to the Commission, and if required, provide explanations in order to harmonise the SOC calculations methodology throughout the Member States. 5. TREATMENT OF SPECIAL CASES The following special rules are laid down for the calculation of SOCs for certain variables and for calculating the total SO of the holding:
(*1) Commission Delegated Regulation (EU) No 1198/2014 of 1 August 2014 supplementing Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Union (OJ L 321, 7.11.2014, p. 2)." (*2) Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1)." |
(5) |
Annex VIII is amended as follows:
|
(*1) Commission Delegated Regulation (EU) No 1198/2014 of 1 August 2014 supplementing Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Union (OJ L 321, 7.11.2014, p. 2).
(*2) Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).’
(1) The variables SO_CLND019 (Other root crops n.e.c.), SO_CLND037 (Plants harvested green from arable land), SO_CLND049 (Fallow land), SO_CLND073_085 (Kitchen gardens and other UAA under glass or high accessible cover n.e.c.), SO_CLND051 (Pasture and meadow, excluding rough grazing), SO_CLND052 (Rough grazings), SO_CLND053 (Permanent grassland no longer used for production purposes and eligible for the payment of subsidies), SO_CLVS001 (Bovine animals less than 1 year old), SO_CLVS014 (Other sheep), SO_CLVS017 (Other goats) and SO_CLVS018 (Piglets, live weight of under 20 kg) are used only under certain conditions (see point 5 of Annex VI).
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/40 |
COMMISSION IMPLEMENTING REGULATION (EU) 2019/1976
of 25 November 2019
authorising the placing on the market of Phenylcapsaicin as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 and Commission Regulation (EC) No 1852/2001 (1), and in particular Article 12 thereof,
Whereas:
(1) |
Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list may be placed on the market within the Union. |
(2) |
Pursuant to Article 8 of Regulation (EU) 2015/2283, Commission Implementing Regulation (EU) 2017/2470 (2) establishing a Union list of authorised novel foods was adopted. |
(3) |
Pursuant to Article 12 of Regulation (EU) 2015/2283, the Commission is to decide on the authorisation and on the placing on the Union market of a novel food and on updating the Union list. |
(4) |
On 7 February 2018, the company aXichem AB (‘the applicant’) made a request to the Commission in accordance with Article 10(1) of Regulation (EU) 2015/2283 to place Phenylcapsaicin obtained by chemical synthesis on the Union market as a novel food. The application concerns the use of Phenylcapsaicin in foods for special medical purposes as defined in Regulation (EU) No 609/2013 of the European Parliament and of the Council (3) excluding those intended for infants young children and children under the age of 11 years, and in food supplements as defined in Directive 2002/46/EC of the European Parliament and of the Council (4) intended for the general population above the age of 11 years. |
(5) |
The Applicant also submitted a request to the Commission for the protection of proprietary data for a number of studies submitted in support of the application, namely, an in vivo absorption, distribution, metabolism, and excretion (‘ADME’) study with Phenylcapsaicin in rats (5), an in vivo ADME study with Capsaicin in rats (6), a bacterial reverse mutation test with Phenylcapsaicin (7), an in vitro mammalian cell micronucleus test with Phenylcapsaicin (8), a 90-day oral toxicity study in Wistar rats with Phenylcapsaicin (9), and a TRPV1 activation test using the HEK293 cell line with Phenylcapsaicin and Capsaicin (10). |
(6) |
On 27 August 2018, the Commission consulted the European Food Safety Authority (‘the Authority’), asking it to carry out an assessment of Phenylcapsaicin as a novel food in accordance with Article 10(3) of Regulation (EU) 2015/2283. |
(7) |
On 15 May 2019, the Authority adopted its scientific opinion ‘Safety of Phenylcapsaicin as a novel food pursuant to Regulation (EU) 2015/2283’ (11). That scientific opinion is in accordance with the requirements of Article 11 of Regulation (EU) 2015/2283. |
(8) |
In its opinion, the Authority concluded that Phenylcapsaicin is safe under the proposed conditions of use. Therefore the scientific opinion gives sufficient grounds to establish that Phenylcapsaicin, under the proposed uses and uses levels, when used in foods for special medical purposes excluding those intended for infants, young children, and children under the age of 11 years, and when used in food supplements intended for the general population above the age of 11 years, complies with Article 12(1) of Regulation (EU) 2015/2283. |
(9) |
In its opinion on Phenylcapsaicin, the Authority considered that the data from the in vivo ADME study with Phenylcapsaicin in rats, the in vivo ADME study with Capsaicin in rats, the bacterial reverse mutation test with Phenylcapsaicin, the in vitro mammalian cell micronucleus tests with Phenylcapsaicin, the 90-day oral toxicity study in rats with Phenylcapsaicin, and the TRPV1 activation test using the HEK293 cell line with Phenylcapsaicin and Capsaicin served as a basis to establish the safety of the novel food. Therefore, it is considered that the conclusions on the safety of Phenylcapsaicin could not have been reached without the data from the report of these studies. |
(10) |
Following the receipt of the Authority’s opinion, the Commission requested the Applicant to further clarify the justification provided with regard to their proprietary data from the in vivo ADME study with Phenylcapsaicin in rats, the in vivo ADME study with Capsaicin in rats, the bacterial reverse mutation test with Phenylcapsaicin, the in vitro mammalian cell micronucleus tests with Phenylcapsaicin, the 90-day oral toxicity study in rats with Phenylcapsaicin, and the TRPV1 activation test using the HEK293 cell line with Phenylcapsaicin and Capsaicin, and to clarify their claim to an exclusive right of reference to these reports and studies, as referred to in Article 26(2) of Regulation (EU) 2015/2283. |
(11) |
The Applicant declared that, at the time the application was submitted, they held proprietary and exclusive rights of reference to the study under national law and that therefore third parties could not lawfully access or use those studies. |
(12) |
The Commission assessed all the information provided by the Applicant and considered that the Applicant has sufficiently substantiated the fulfilment of the requirements laid down in Article 26(2) of Regulation (EU) 2015/2283. Therefore, the data from the studies contained in the Applicant’s file which served as a basis for the Authority’s conclusion establishing the safety of the novel food and the safety of Phenylcapsaicin, and without which the novel food could not have been assessed by the Authority, should not be used by the Authority for the benefit of a subsequent applicant for a period of five years from the date of entry into force of this Regulation. As a consequence, the placing on the market within the Union of the novel food authorised by this Regulation should be restricted to the Applicant for a period of five years. |
(13) |
However, restricting the authorisation of Phenylcapsaicin and of the reference to the studies contained in the Applicant’s file for the sole use of the Applicant does not prevent other applicants from applying for an authorisation to place on the market the same novel food provided that their application is based on lawfully obtained information supporting the authorisation under this Regulation. |
(14) |
Directive 2002/46/EC lays down requirements on food supplements. The use of Phenylcapsaicin should be authorised without prejudice to that Directive. |
(15) |
Regulation (EU) No 609/2013 lays down requirements on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control. The use of Phenylcapsaicin should be authorised without prejudice to that Regulation. |
(16) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
1. Phenylcapsaicin as specified in the Annex to this Regulation shall be included in the Union list of authorised novel foods established in Implementing Regulation (EU) 2017/2470.
2. For a period of five years from the date of entry into force of this Regulation only the Applicant:
|
Company: aXichem AB; |
|
Address: Södergatan 26, SE 211 34, Malmö, Sweden, |
is authorised to place on the market within the Union the novel food referred to in paragraph 1, unless a subsequent applicant obtains authorisation for the novel food without reference to the data protected pursuant to Article 2 or with the agreement of aXichem AB.
3. The entry in the Union list referred to in paragraph 1 shall include the conditions of use and labelling requirements laid down in the Annex to this Regulation.
4. The authorisation provided for in this Article shall be without prejudice to the provisions of Regulation (EU) No 609/2013 and to the provisions of Directive 2002/46/EC.
Article 2
The studies and reports contained in the application file on the basis of which the novel food referred to in Article 1 has been assessed by the Authority, claimed by the Applicant as fulfilling the requirements laid down in Article 26(2) of Regulation (EC) No 2015/2283, shall not be used for the benefit of a subsequent applicant for a period of five years from the date of entry into force of this Regulation without the agreement of aXichem AB.
Article 3
The Annex to Implementing Regulation (EU) 2017/2470 is amended in accordance with the Annex to this Regulation.
Article 4
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 November 2019.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 327, 11.12.2015, p. 1.
(2) Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods, (OJ L 351, 30.12.2017, p. 72).
(3) Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (OJ L 181, 29.6.2013, p. 35).
(4) Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51).
(5) Feng et al. 2012a (unpublished).
(6) Feng et al. 2012b (unpublished).
(7) Schreib 2015 (unpublished).
(8) Donath 2016 (unpublished).
(9) Stiller 2016 (unpublished).
(10) Yang and Dong, 2015 (unpublished).
(11) EFSA Journal 2019;17(6):5718.
ANNEX
The Annex to Implementing Regulation (EU) 2017/2470 is amended as follows:
(1) |
In Table 1 (Authorised novel foods), the following entry is inserted in alphabetical order:
|
(2) |
In Table 2 (Specifications), the following entry is inserted in alphabetical order:
|
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/45 |
COMMISSION IMPLEMENTING REGULATION (EU) 2019/1977
of 26 November 2019
concerning the authorisation of phenylmethanethiol, benzyl methyl sulfide, sec-pentylthiophene, tridec-2-enal, 12-methyltridecanal, 2,5-dimethylphenol, hexa-2(trans),4(trans)-dienal and 2-ethyl-4-hydroxy-5-methyl-3(2H)-furanone as feed additives for cats and dogs
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
Whereas:
(1) |
Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2). |
(2) |
Phenylmethanethiol, benzyl methyl sulfide, sec-pentylthiophene, tridec-2-enal, 12-methyltridecanal, 2,5-dimethylphenol, hexa-2(trans),4(trans)-dienal and 2-ethyl-4-hydroxy-5-methyl-3(2H)-furanone (‘the substances concerned’) were authorised as feed additives for cats and dogs without a time limit in accordance with Directive 70/524/EEC. Those feed additives were subsequently entered in the Register of feed additives as existing products, in accordance with Article 10(1) of Regulation (EC) No 1831/2003. |
(3) |
In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the re-evaluation of the substances concerned for cats and dogs, requesting those feed additives to be classified in the additive category ‛sensory additives’. The application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003. |
(4) |
The European Food Safety Authority (‘the Authority’) concluded in its opinion of 27 February 2019 (3) that, under the proposed conditions of use, the substances concerned do not have adverse effects on animal health or the environment. It also concluded that hazards for users have been identified. The applicant as required produced a safety data sheet for each compound where hazards for users have been identified. No studies to assess the safety for the user were submitted. Therefore, the EFSA cannot conclude on the safety for the users when handling the additives. The hazards described in the safety data sheet are, in particular, hazards for skin and eye contact were recognised for 2,5-dimethylphenol, 12-methyltridecanal, hexa-2(trans),4(trans)-dienal, phenylmethanethiol, benzyl methyl sulfide, 2-ethyl-4-hydroxy-5-methyl-3(2H)-furanone and sec-pentylthiophene. Hazard for respiratory exposure was recognised for 12-methyltridecanal, benzyl methyl sulfide and 2-pentylthiophene. In the absence of data, the Authority could not conclude on the risk for the users. Therefore, the Commission considers that appropriate protective measures should be taken to prevent effects on human health, in particular as regards the users of the feed additive. For non-food-producing animals Commission Regulation (EC) No 429/2008 (4), exempted additives intended for those animals from the environmental assessment as they do not have a significant environmental effect. Pets are not raised in large groups of animals so their effect on the environment is considered not significant. The Authority further concluded that since the substances concerned are used in food as flavourings and their function in feed is the same as that in food, no further demonstration of efficacy in feed is necessary. |
(5) |
The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the reports on the method of analysis in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003. |
(6) |
Restrictions and conditions should be provided for to allow for a better control. For the substances concerned recommended contents should be indicated on the label of the additive. Where such contents are exceeded, certain information should be indicated on the label of premixtures. and in the labelling compound feeds and feed materials. |
(7) |
The assessment of the substances concerned shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied for the use in feed. Accordingly, the use of those feed additives should be authorised as specified in the Annex to this Regulation. |
(8) |
Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation for the substances concerned, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation. |
(9) |
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
Authorisation
The substances specified in the Annex, belonging to the additive category ‘sensory additives’ and to the functional group ‘flavouring compounds’, are authorised as feed additives in animal nutrition subject to the conditions laid down in the Annex.
Article 2
Transitional Measures
1. The substances specified in the Annex and premixtures containing those substances, which are produced and labelled before 19 December 2019 in accordance with the rules applicable before 19 December 2019 may continue to be placed on the market and used until 19 June 2020.
2. Compound feed and feed materials containing the substances as specified in the Annex which are produced and labelled before 19 December 2021 in accordance with the rules applicable before 19 December 2019 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for cats and dogs.
Article 3
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 November 2019.
For the Commission
The President
Jean- Claude JUNCKER
(1) OJ L 268, 18.10.2003, p. 29.
(2) Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (OJ L 270, 14.12.1970, p. 1).
(3) EFSA Journal 2019;17(3):5649.
(4) Regulation (EC) No 429/2008 of 25 April 2008 on detailed rules for the implementation of Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards the preparation and the presentation of applications and the assessment and the authorisation of feed additives (OJ L 133, 22.5.2008, p. 1).
ANNEX
Identification number of the additive |
Name of the holder of authorisation |
Additive |
Composition, chemical formula, description, analytical method |
Species or category of animal |
Maximum age |
Minimum content |
Maximum content |
Other provisions |
End of period of authorisation |
||||||||||
mg of active substance/kg of complete feedingstuff with a moisture content of 12 % |
|||||||||||||||||||
Category: Sensory additives. Functional group: Flavouring compounds |
|||||||||||||||||||
2b5169 |
- |
12-Methyltridecanal |
Additive composition: 12-Methyltridecanal Characterisation of the active substance: 12-Methyltridecanal Produced by chemical synthesis Purity: min. 97 % Chemical formula: C14H28O CAS number: 75853-49-5 FLAVIS: 05.169 Method of analysis (1): For the determination of 12-methyltridecanal in the feed additive and in feed flavouring premixtures: Gas chromatography mass spectrometry with retention time locking GC-MS-RTL. |
Cats and dogs |
- |
- |
- |
|
19.12.2029 |
||||||||||
2b5057 |
- |
Hexa-2(trans),4(trans)-dienal |
Additive composition: Hexa-2(trans),4(trans)-dienal Characterisation of the active substance: Hexa-2(trans),4(trans)-dienal Produced by chemical synthesis Purity: min. 97 % Chemical formula: C6H8O CAS number: 142-83-6 FLAVIS: 05.057 Method of analysis (1): For the determination of hexa-2(trans),4(trans)-dienal in the feed additive and in feed flavouring premixtures: Gas chromatography mass spectrometry with retention time locking GC-MS-RTL. |
Cats and dogs |
- |
- |
- |
|
19.12.2029 |
||||||||||
2b5078 |
- |
Tridec-2-enal |
Additive composition: Tridec-2-enal Characterisation of the active substance: Tridec-2-enal Produced by chemical synthesis Purity: min. 92 % Chemical formula: C13H24O CAS number: 7774-82-5 FLAVIS: 05.078 Method of analysis (1): For the determination of tridec-2-enal in the feed additive and in feed flavouring premixtures: Gas chromatography mass spectrometry with retention time locking GC-MS-RTL. |
Cats and dogs |
- |
- |
- |
|
19.12.2029 |
||||||||||
2b13084 |
|
2-Ethyl-4-hydroxy-5-methyl-3 (2H)-furanone |
Additive composition: 2-Ethyl-4-hydroxy-5-methyl-3 (2H)-furanone Characterisation of the active substance: 2-Ethyl-4-hydroxy-5-methyl-3 (2H)-furanone Produced by chemical synthesis Purity: min. 97 % Chemical formula: C7H10O3 CAS number: 27538-09-6 FLAVIS: 13.084 Method of analysis (1): For the determination of 2-ethyl-4-hydroxy-5-methyl-3 (2H)-furanone in the feed additive and in feed flavouring premixtures: Gas chromatography mass spectrometry with retention time locking GC-MS-RTL. |
Cats and dogs |
|
|
|
|
19.12.2029 |
||||||||||
2b12005 |
- |
Phenylmethanethiol |
Additive composition: Phenylmethanethiol Characterisation of the active substance: Phenylmethanethiol Produced by chemical synthesis Purity: min. 99 % Chemical formula: C7H8S CAS number: 100-53-8 FLAVIS: 12.005 Method of analysis (1): For the determination of phenylmethanethiol in the feed additive and in feed flavouring premixtures: Gas chromatography mass spectrometry with retention time locking GC-MS-RTL. |
Cats and dogs |
- |
- |
- |
|
19.12.2029 |
||||||||||
2b12077 |
- |
Benzyl methyl sulfide |
Additive composition: Benzyl methyl sulfide Characterisation of the active substance: Benzyl methyl sulfide Produced by chemical synthesis Purity: min. 99 % Chemical formula: C8H10S CAS number: 766-92-7 FLAVIS: 12.077 Method of analysis (1): For the determination of benzyl methyl sulfide in the feed additive and in feed flavouring premixtures: Gas chromatography mass spectrometry with retention time locking GC-MS-RTL. |
Cats and dogs |
- |
- |
- |
|
19.12.2029 |
||||||||||
2b4019 |
- |
2,5-Dimethylphenol |
Additive composition: 2,5-Dimethylphenol Characterisation of the active substance: 2,5-Dimethylphenol Produced by chemical synthesis Purity: min. 99 % Chemical formula: C8H10O CAS number: 95-87-4 FLAVIS: 04.019 Method of analysis (1): For the determination of 2,5-dimethylphenol in the feed additive and in feed flavouring premixtures: Gas chromatography mass spectrometry with retention time locking GC-MS-RTL. |
Cats and dogs |
- |
- |
- |
|
19.12.2029 |
||||||||||
2b15096 |
- |
sec-Pentylthiophene |
Additive composition: sec-Pentylthiophene Characterisation of the active substance: sec-Pentylthiophene Produced by chemical synthesis Purity: min. 98 % Chemical formula: C9H14S CAS number: 4861-58-9 FLAVIS: 15.096 Method of analysis (1): For the determination of sec- -pentylthiophene in the feed additive and in feed flavouring premixtures: Gas chromatography mass spectrometry with retention time locking GC-MS-RTL. |
Cats and dogs |
- |
- |
- |
|
19.12.2029 |
(1) Details of the methods of analysis are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports.
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/58 |
COMMISSION IMPLEMENTING REGULATION (EU) 2019/1978
of 26 November 2019
amending Regulation (EC) No 1238/95 as regards the fees payable to the Community Plant Variety Office
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community Plant Variety Rights (1), and in particular Article 113 thereof,
After consulting the Administrative Council of the Community Plant Variety Office,
Whereas:
(1) |
Article 3(2) of Commission Regulation (EC) No 1238/95 (2) provides that the President of the Community Plant Variety Office (‘the Office’) may allow alternative forms of payment of fees and surcharges and establishes a list of those alternative forms. In order to increase flexibility and simplify the processes it is appropriate to include such list of alternative forms of payment in the rules on working methods established by the Administrative Council of the Office on the basis of Article 36(1)(d) of Regulation (EC) No 2100/94. |
(2) |
Article 4(1) of Regulation (EC) No 1238/95 sets out the date to be regarded as the date on which payment is received. Based on experience in processing payments, it is necessary to clarify that the full amount of the transfer is to be entered in a bank account held by the Office to ensure that no pending obligations exist towards the Office. |
(3) |
Article 5 of Regulation (EC) No 1238/95 requires the person having made a payment to the Office to indicate in writing his name and the purpose of the payment. If the purpose of the payment cannot be established, the Office sends a reminder within two months. To increase the efficiency of handling payments, this deadline should be reduced from two months to one month. |
(4) |
Article 7(1) of Regulation (EC) No 1238/95 establishes the application fee. In order to encourage the use of the Office’s online electronic application system the fee for submission of applications by other means, such as paper applications, should be increased from EUR 650 to EUR 800. Moreover, practical experience has shown that the use of the online electronic application system would become more efficient if it was complemented with the obligatory use of the Office’s paperless communication platform for any further exchanges with the Office. |
(5) |
According to Article 7(7) of Regulation (EC) No 1238/95 the Office is to retain EUR 150 of the application fee if the application is not valid under Article 50 of Regulation (EC) No 2100/94. In order to decrease the administrative burden, the entirety of the application fee should be refunded. |
(6) |
In relation to the annual fee, Article 9(4) of Regulation (EC) No 1238/95 lays down that the Office does not refund any payments which have been effected in order to keep the Community plant variety right in force. Experience has shown that, in order to improve transparency, a refund may be provided for if the Office has received a surrender between the date of payment and the anniversary of the date of grant. |
(7) |
Annex I to Regulation (EC) No 1238/95 sets out the level of fees for arranging and carrying out the technical examination of a variety which is the subject of an application for a Community plant variety right (‘the examination fee’), payable to the Office.. |
(8) |
The Administrative Council of the Office has decided to follow the principle of 100 % cost recovery so that the examination offices are reimbursed based on the average real costs of examinations. |
(9) |
Moreover, experience with technical examinations shows that examination fees may change over time for some cost groups. The fees charged by the Office should therefore reflect the total amount of the fees for the respective cost groups to be paid by the Office to the Examination Offices. The fees set out in Annex I to Regulation (EC) No 1238/95 should therefore be modified for all the cost groups concerned. |
(10) |
Regulation (EC) No 1238/95 should therefore be amended accordingly. |
(11) |
This Regulation should apply from 1 April 2020 in order to allow sufficient time for the Office and the stakeholders to adapt to those amendments. |
(12) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Community Plant Variety Rights, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1238/95 is amended as follows:
(1) |
In Article 3, paragraph 2 is replaced by the following: ‘2. The President of the Office may allow alternative forms of payment in accordance with rules on working methods which shall be established pursuant to Article 36(1)(d) of Council Regulation (EC) No 2100/94.’ |
(2) |
In Article 4, paragraph 1 is replaced by the following: ‘1. The date on which a payment of fees and surcharges shall be considered to have been received by the Office shall be the date on which the full amount of the transfer referred to in Article 3(1) is entered in a bank account held by the Office.’ |
(3) |
In Article 5, paragraph 2 is replaced by the following: ‘2. If the Office cannot establish the purpose of a payment, it shall require the person having made the payment to inform it thereof in writing within one month. If the purpose is not indicated within that period, the payment shall be deemed not to have been made and shall be refunded to the person having made it.’ |
(4) |
Article 7 is amended as follows:
|
(5) |
In Article 9, paragraph 4 is replaced by the following: ‘4. The Office shall not refund any payments in relation to the annual fee which have been effected in order to keep the Community plant variety right in force, unless the Office has received a surrender of a Community plant variety right between the date for payment and the anniversary of the date grant as specified under point (b) of paragraph 2. Surrenders received after the anniversary of the date grant shall not be taken into account for such payments.’ |
(6) |
Annex I is replaced by the text 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.
It shall apply from 1 April 2020.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 November 2019.
For the Commission
The President
Jean-Claude JUNCKER
(2) Commission Regulation (EC) No 1238/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards the fees payable to the Community Plant Variety Office (OJ L 121, 1.6.1995, p. 31).
‘ANNEX
ANNEX I
Fees relating to technical examination as referred to in Article 8
The fee to be paid for the technical examination of a variety pursuant to Article 8 shall be determined in accordance with the table:
(in EUR) |
||
|
Cost group |
Fee |
Agricultural group |
||
1 |
Potato |
2 050 |
2 |
Oilseed rape |
2 150 |
3 |
Grasses |
2 920 |
4 |
Other agricultural species |
1 900 |
Fruit group |
||
5 |
Apple |
3 665 |
6 |
Strawberry |
3 400 |
7 |
Other fruit species |
3 460 |
Ornamental group |
||
8 |
Ornamental living greenhouse |
2 425 |
9 |
Ornamental living outdoor |
2 420 |
10 |
Ornamental non-living greenhouse |
2 400 |
11 |
Ornamental non-living outdoor |
2 200 |
12 |
Ornamental special |
3 900 |
Vegetable group |
||
13 |
Vegetable greenhouse |
2 920 |
14 |
Vegetable outdoor |
2 660 |
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/62 |
COMMISSION IMPLEMENTING REGULATION (EU) 2019/1979
of 26 November 2019
authorising the placing on the market of 2'-Fucosyllactose/Difucosyllactose mixture as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 and Commission Regulation (EC) No 1852/2001 (1), and in particular Article 12 thereof,
Whereas:
(1) |
Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list may be placed on the market within the Union. |
(2) |
Pursuant to Article 8 of Regulation (EU) 2015/2283 Commission Implementing Regulation (EU) 2017/2470 (2) was adopted, which establishes a Union list of authorised novel foods. |
(3) |
Pursuant to Article 12 of Regulation (EU) 2015/2283, the Commission is to decide on the authorisation and on the placing on the Union market of a novel food and on updating the Union list. |
(4) |
On 30 April 2018, the company Glycom A/S (‘the Applicant’) made a request to the Commission within the meaning of Article 10(1) of Regulation (EU) 2015/2283 to place 2'-Fucosyllactose/Difucosyllactose mixture (‘2'-FL/DFL’), obtained by microbial fermentation with a genetically modified strain of Escherichia coli strain K12 DH1, on the Union market as a novel food. The Applicant requested for 2'-FL/DFL to be used in unflavoured pasteurised and unflavoured sterilised milk products, flavoured and unflavoured fermented milk based products including heat-treated products, cereal bars, flavoured drinks, infant formula and follow-on formula and processed cereal-based food and baby food for infants and young children, foods for special medical purposes, and total diet replacement foods for weight control as defined in Regulation (EU) No 609/2013 of the European Parliament and of the Council (3), and in food supplements as defined in Directive 2002/46/EC of the European Parliament and of the Council (4) intended for the general population excluding infants. |
(5) |
On 30 April 2018, the Applicant also made a request to the Commission for protection of proprietary data for a number of studies submitted in support of the application, namely, the proprietary analytical reports on the structure comparison via nuclear magnetic resonance (‘NMR’) of 2'-fucosyllactose and of difucosyllactose produced by bacterial fermentation with 2'-fucosyllactose and difucosyllactose naturally present in human milk (5), the detailed characterisation data on the production bacterial strains and their certificates (6), (7), the specifications for the raw materials and processing aids (8), the certificates of analyses of the various 2'-FL/DFL batches (9), the analytical methods and validation reports (10), the 2'-FL/DFL stability reports (11), the laboratory accreditation certificates (12), the 2'-FL/DFL intake assessment reports (13), the summary table of the statistically significant observations in the toxicity studies (14), a bacterial reverse mutation test with 2'-FL/DFL (15), an in vitro mammalian cell micronucleus test with 2'-FL/DFL (16), a 14-day oral toxicity study in the neonatal rat with 2'-FL/DFL (17), a 90-day oral toxicity study in the neonatal rat with 2'-FL/DFL (18), a bacterial reverse mutation test with 2'-Fucosyllactose (‘2'-FL’) (19) two in vitro mammalian cell micronucleus tests with 2'-FL (20), (21), and a 90-day oral toxicity study in the neonatal rat with 2'-FL (22). |
(6) |
On 29 June 2018, the Commission requested the European Food Safety Authority (‘the Authority’) to carry out an assessment of 2'-FL/DFL as a novel food in accordance with Article 10(3) of Regulation (EU) 2015/2283. |
(7) |
On 15 May 2019, the Authority adopted its scientific opinion ‘Safety of 2'-Fucosyllactose/Difucosyllactose mixture as a novel food pursuant to Regulation (EU) 2015/2283’ (23). That scientific opinion is in accordance with the requirements of Article 11 of Regulation (EU) 2015/2283. |
(8) |
In its opinion, the Authority concluded that 2'-FL/DFL is safe under the proposed conditions of use for the proposed target population. Therefore that scientific opinion gives sufficient grounds to establish that 2'-FL/DFL, when used in unflavoured pasteurised and unflavoured sterilised milk products, flavoured and unflavoured fermented milk based products including heat treated products, cereal bars, flavoured drinks, infant formula and follow-on formula and processed cereal-based food and baby food for infants and young children, foods for special medical purposes, and total diet replacement foods for weight control, and in food supplements intended for the general population, excluding infants, complies with the requirements of Article 12(1) of Regulation (EU) 2015/2283. |
(9) |
In its opinion, the Authority considered that the data from the analytical NMR reports on the structure comparison of 2'-fucosyllactose and of difucosyllactose produced by bacterial fermentation with 2'-fucosyllactose and difucosyllactose naturally present in human milk, the detailed characterisation data on the production bacterial strains, the specifications for the raw materials and processing aids, the certificates of analyses of the various 2'-FL/DFL batches, the bacterial reverse mutation test with 2'-FL/DFL, the in vitro mammalian cell micronucleus test with 2'-FL/DFL, the 90-day oral toxicity study in the neonatal rat with 2'-FL/DFL, and the summary table of the statistically significant observations in the 90-day toxicity study, served as a basis to establish the safety of the novel food. Therefore, it is considered that the conclusions on the safety of 2'-FL/DFL could not have been reached without the data from the reports of these studies. |
(10) |
Following the receipt of the Authority’s considerations, the Commission requested the Applicant to further clarify the justification provided with regard to their proprietary analytical NMR reports on the structure comparison of 2'-fucosyllactose and of difucosyllactose produced by bacterial fermentation with 2'-fucosyllactose and difucosyllactose naturally present in human milk, the detailed characterisation data on the production bacterial strains, the specifications for the raw materials and processing aids, the certificates of analyses of the various 2'-FL/DFL batches, the bacterial reverse mutation test with 2'-FL/DFL, the in vitro mammalian cell micronucleus test with 2'-FL/DFL, the 90-day oral toxicity study in the neonatal rat with 2'-FL/DFL, and the summary table of the statistically significant observations in the 90-day toxicity study, and to clarify their claim to an exclusive right of reference to those reports and studies, as referred to in Article 26(2)(b) of Regulation (EU) 2015/2283. |
(11) |
The Applicant declared that, at the time the application was made, they held proprietary and exclusive rights of reference to the studies under national law and that therefore third parties could not lawfully access or use these studies. |
(12) |
The Commission assessed all the information provided by the Applicant and considered that the Applicant has sufficiently substantiated the fulfilment of the requirements laid down in Article 26(2) of Regulation (EU) 2015/2283. Therefore the data from the studies contained in the Applicant’s file which served as a basis for the Authority to establish the safety of the novel food and to reach its conclusions on the safety of 2'-FL/DFL, and without which the novel food could not have been assessed by the Authority, should not be used by the Authority for the benefit of any subsequent applicant for a period of five years from the date of entry into force of this Regulation. Accordingly, the placing on the market within the Union of 2'-FL/DFL should be restricted to the Applicant for that period. |
(13) |
However, restricting the authorisation of 2'-FL/DFL and of the reference to the studies contained in the Applicant’s file for the sole use of the Applicant, does not prevent other applicants from applying for an authorisation to place on the market the same novel food provided that their application is based on legally obtained information supporting such authorisation under Regulation (EU) 2015/2283. |
(14) |
The use of 2'-FL/DFL should be authorised without prejudice to Regulation (EU) No 609/2013 laying down requirements on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control. |
(15) |
The use of 2'-FL/DFL should also be authorised without prejudice to Directive 2002/46/EC laying down requirements on food supplements. |
(16) |
The use of 2'-FL/DFL should be authorised without prejudice to Regulation (EU) No 1308/2013 of the European Parliament and Council of 17 December 2013 establishing a common organisation of the markets in agricultural products (24) laying down requirements for agricultural products, in particular on milk and milk products. |
(17) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
1. 2'-FL/DFL as specified in the Annex to this Regulation shall be included in the Union list of authorised novel foods established in Implementing Regulation (EU) 2017/2470.
2. For a period of five years from the date of entry into force of this Regulation only the initial Applicant:
Company: Glycom A/S; |
Address: Kogle Allé 4, DK-2970 Hørsholm, Denmark, |
is authorised to place on the market within the Union the novel food referred to in paragraph 1, unless a subsequent applicant obtains authorisation for the novel food without reference to the data protected pursuant to Article 2 to this Regulation or with the agreement of Glycom A/S.
3. The entry in the Union list referred to in paragraph 1 shall include the conditions of use and labelling requirements laid down in the Annex to this Regulation.
4. The authorisation provided for in this Article shall be without prejudice to the provisions of Regulation (EU) No 609/2013, of Directive 2002/46/EC, and Regulation (EU) No 1308/2013.
Article 2
The studies and reports contained in the application file on the basis of which 2'-FL/DFL has been assessed by the Authority, claimed by the Applicant as fulfilling the requirements laid down in Article 26(2) of Regulation (EC) 2015/2283, shall not be used for the benefit of any subsequent applicant for a period of five years from the date of entry into force of this Regulation without the agreement of Glycom A/S.
Article 3
The Annex to Implementing Regulation (EU) 2017/2470 is amended in accordance with the Annex to this Regulation.
Article 4
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, 26 November 2019.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 327, 11.12.2015, p. 1.
(2) Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (OJ L 351, 30.12.2017, p. 72).
(3) Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (OJ L 181, 29.6.2013, p. 35).
(4) Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51).
(5) Glycom 2018 (unpublished).
(6) Glycom 2018 (unpublished).
(7) Glycom/DSMZ 2018 (unpublished).
(8) Glycom 2018 (unpublished).
(9) Glycom 2018 (unpublished).
(10) Glycom 2018 (unpublished).
(11) Glycom 2018 (unpublished).
(12) Glycom 2018 (unpublished).
(13) Glycom 2018 (unpublished).
(14) Flaxmer 2018 (unpublished) and Philips K. R., N. Baldwin, B. Lynch, J. Flaxmer, A. Šoltésová, M. H. Mikš, C. H. Röhrig. 2018. Safety evaluation of the human-identical milk oligosaccharides 2'-fucosyllactose and difucosyllactose. Food and Chemical Toxicology 120:552-565.
(15) Šoltésová, 2017 (unpublished) and Philips et al. 2018. Food and Chemical Toxicology 120:552-565.
(16) Gilby 2017 (unpublished) and Philips et al. 2018. Food and Chemical Toxicology 120:552-565.
(17) Flaxmer 2017 (unpublished) and Philips et al. 2018. Food and Chemical Toxicology 120:552-565.
(18) Flaxmer 2018 (unpublished) and Philips et al. 2018. Food and Chemical Toxicology 120:552-565.
(19) Verspeek-Rip 2015 (unpublished).
(20) Verbaan 2015a (unpublished).
(21) Verbaan 2015b (unpublished).
(22) Penard 2015 (unpublished).
(23) EFSA Journal 2019;17(6):5717.
ANNEX
The Annex to Implementing Regulation (EU) 2017/2470 is amended as follows:
(1) |
in Table 1 (Authorised novel foods), the following entry is inserted in alphabetical order:
|
(2) |
in Table 2 (Specifications), the following entry is inserted in alphabetical order:
|
(*1) 3'-Fucosyllactose, 2'-Fucosyl-galactose, Glucose, Galactose, Mannitol, Sorbitol, Galactitol, Trihexose, Allo-lactose and other structurally related carbohydrates.’
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/69 |
COMMISSION IMPLEMENTING REGULATION (EU) 2019/1980
of 26 November 2019
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, 26 November 2019.
For the Commission,
On behalf of the President,
Jerzy PLEWA
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
CN code |
Description |
Representative price (EUR/100 kg) |
Security under Article 3 (EUR/100 kg) |
Origin (1) |
0207 12 90 |
Fowls of the species Gallus domesticus, not cut in pieces, presented as “65 % chickens”, frozen |
135,4 |
0 |
AR |
0207 14 10 |
Fowls of the species Gallus domesticus, boneless cuts, frozen |
236,9 213,0 244,8 233,7 |
19 26 17 20 |
AR BR CL TH |
1602 32 11 |
Preparations of fowls of the species Gallus domesticus, uncooked |
284,0 |
1 |
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).’
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/72 |
COMMISSION IMPLEMENTING REGULATION (EU) 2019/1981
of 28 November 2019
amending Implementing Regulation (EU) 2019/626 as regards lists of third countries and regions thereof authorised for the entry into the European Union of snails, gelatine and collagen, and insects intended for human consumption
(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 127(2) thereof,
Whereas:
(1) |
Regulation (EU) 2017/625 lays down rules for official controls and other control activities performed by the competent authorities of the Member States in order to verify compliance with Union legislation in the area of, among others, food safety at all stages of the production, processing and distribution process. In particular, it provides that certain animals and goods are only to enter the Union from a third country or region thereof which appears on a list drawn up by the Commission for that purpose. |
(2) |
Commission Delegated Regulation (EU) 2019/625 (2) supplements Regulation (EU) 2017/625 as regards the requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption from third countries or regions thereof in order to ensure that they comply with the relevant requirements established by the rules referred to in Article 1(2)(a) of Regulation (EU) 2017/625 or with requirements recognised to be at least equivalent. Article 3 of Delegated Regulation (EU) 2019/625 lays down rules regarding certain animals and goods that are required to come only from third countries or regions thereof included in the list referred to in Article 126(2)(a) of Regulation (EU) 2017/625. Requirements to be included in the list are laid down in Article 4 of Delegated Regulation (EU) 2019/625, in addition to the more general requirements for inclusion laid down in Article 127(3) of Regulation (EU) 2017/625. |
(3) |
Commission Implementing Regulation (EU) 2019/626 (3) lays down or refers to lists of third countries or regions thereof authorised for the entry into the Union of consignments of certain animals and goods intended for human consumption to ensure compliance with the food safety requirements laid down in Article 4 of Delegated Regulation (EU) 2019/625 and Article 127(3) of Regulation (EU) 2017/625. Implementing Regulation (EU) 2019/626 applies from 14 December 2019. |
(4) |
Article 12 of Implementing Regulation (EU) 2019/626 authorises the entry into the Union of consignments of snails, as defined in point 6.2 of Annex I to Regulation (EC) No 853/2004 (4), under certain conditions, provided that such consignments come from the third countries or regions thereof listed in Annex III to Implementing Regulation (EU) 2019/626. |
(5) |
In accordance with Article 6(1)(a) of Regulation (EC) No 853/2004, products of animal origin, including other species of snails intended for human consumption, may be imported in the Union only if the third country or regions thereof appear on a list laid down in Implementing Regulation (EU) 2019/626. |
(6) |
Pending such listing in accordance with Regulation (EU) 2019/626, imports of such snails are allowed in accordance with Article 3 of Commission Regulation (EU) 2017/185 (5), which provides a derogation concerning public health requirements for imports of products of animal origin laid down in Article 6(1) of Regulation (EC) No 853/2004 and which applies until 31 December 2020. It is appropriate to include these species of snails in the list of third countries and regions thereof, laid down in Annex III to Implementing Regulation (EU) 2019/626 to avoid any trade disruption after 31 December 2020. |
(7) |
On 31 January 2019, Armenia requested to be included in the list of third countries from which Member States are to authorise the import to the Union of snails intended for human consumption. Armenia provided guarantees on compliance with the requirements laid down in Article 127(3) of Regulation (EU) 2017/625 and Article 4 of Delegated Regulation (EU) 2019/625, to be authorised for the entry into the Union of snails. Armenia should therefore be included in the list of third countries and regions thereof authorised for the entry into the Union of snails, set out in Annex III of Implementing Regulation (EU) 2019/626. |
(8) |
Article 14 of Implementing Regulation (EU) 2019/626 refers to lists of third countries and regions thereof authorised for the entry into the Union of gelatine and collagen. Article 14 restricts the entry into the Union of gelatine and collagen derived from bovine, ovine, caprine, porcine and equine animals, and from poultry, only to third countries or regions thereof authorised for the entry into the Union of fresh meat of certain species of ungulates and poultry meat. |
(9) |
Article 14 further restricts the entry into the Union of such gelatine and collagen based on animal health restrictions applicable to fresh meat. The latter restrictions are not appropriate because the production process of gelatine and collagen excludes the presence of such animal health hazards. Therefore, a less strict approach should be applied for the entry into the Union of gelatine and collagen from third countries or regions thereof, only based on compliance with the requirements for the entry into the Union of animal and goods laid down in Regulation (EU) 2017/625 and Delegated Regulation (EU) 2019/625. |
(10) |
Article 20 of Implementing Regulation (EU) 2019/626 refers to a list of third countries and regions thereof authorised for the entry into the Union of insects. This Article refers to third countries and regions thereof from which insects have been authorised in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council (6) and listed in Commission Implementing Regulation (EU) 2017/2470 (7). However, Article 20 of Implementing Regulation (EU) 2019/626 does not provide to specifically identify the third countries and regions thereof that have such authorisation. It is therefore appropriate to refer to a concrete list of third countries and regions thereof authorised for the entry into the Union of these insects in a specific Annex to Implementing Regulation (EU) 2019/626. Third countries and regions thereof should only be authorised for the entry into the Union of insects and listed if they provide sufficient guarantees that they comply with the requirements laid down in Article 127(3) of Regulation (EU) 2017/625 and Article 4 of Delegated Regulation (EU) 2019/625. |
(11) |
On 8 October 2019, Canada provided sufficient guarantees to be authorised for the entry into the Union of insects. |
(12) |
On 28 August 2019, Switzerland provided sufficient guarantees to be authorised for the entry into the Union of insects. |
(13) |
On 11 September 2019, South Korea provided sufficient guarantees to be authorised for the entry into the Union of insects. |
(14) |
Canada, Switzerland and South Korea should therefore be listed as authorised for the entry into the Union of insects and Article 20 of Implementing Regulation (EU) 2019/626 should be amended accordingly. |
(15) |
As Implementing Regulation (EU) 2019/626 applies with effect from 14 December 2019, this Regulation should also apply from that date in order to avoid any trade disruption in particular on the entry into the Union of consignments of gelatine and collagen. |
(16) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Implementing Regulation (EU) 2019/626 is amended as follows:
(1) |
in Article 2, point 17 is replaced by the following:
|
(2) |
Article 12 is replaced by the following: ‘Article 12 List of third countries or regions thereof authorised for the entry into the Union of snails Consignments of snails intended for human consumption shall only be authorised for the entry into the Union if they come from third countries or regions thereof that are listed in Annex III to this Regulation.’; |
(3) |
in Article 14, paragraphs 1 and 2 are replaced by the following:
|
(4) |
Article 20 is replaced by the following: ‘Article 20 Third countries or regions thereof authorised for the entry into the Union of insects Consignments of insects intended for human consumption shall only be authorised for the entry into the Union if such foods have originated in and been consigned from a third country or region thereof, listed in Annex IIIa to this Regulation.’; |
(5) |
the Annexes are amended in accordance with the Annex to this Regulation. |
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 14 December 2019.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 November 2019.
For the Commission
The President
Jean-Claude JUNCKER
(2) Commission Delegated Regulation (EU) 2019/625 of 4 March 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption (OJ L 131, 17.5.2019, p. 18).
(3) Commission Implementing Regulation (EU) 2019/626 of 5 March 2019 concerning lists of third countries and regions thereof authorised for the entry into the European Union of certain animals and goods intended for human consumption, amending Implementing Regulation (EU) 2016/759 as regards these lists (OJ L 131, 17.5.2019, p. 31).
(4) 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).
(5) Commission Regulation (EU) 2017/185 of 2 February 2017 laying down transitional measures for the application of certain provisions of Regulations (EC) No 853/2004 and (EC) No 854/2004 of the European Parliament and of the Council (OJ L 29, 3.2.2017, p. 21).
(6) Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 (OJ L 327, 11.12.2015, p. 1).
(7) Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (OJ L 351, 30.12.2017, p. 72).
ANNEX
The Annexes to Regulation (EU) 2019/626 are amended as follows:
(1) |
in Annex III, the following entry is inserted between the entry for Albania and the entry for Angola:
|
(2) |
the following Annex IIIa is inserted: |
‘ANNEX IIIa
List of third countries or regions thereof from which entry into the Union of insects is permitted, referred to in Article 20
Country ISO code |
Third country or regions thereof |
Remarks |
CA |
Canada |
|
CH |
Switzerland |
|
KR |
South Korea’ |
|
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/77 |
COMMISSION IMPLEMENTING REGULATION (EU) 2019/1982
of 28 November 2019
making certain imports of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron originating in the People’s Republic of China subject to registration following the re-opening of the investigation in order to implement the judgment of 20 September 2019, in case T-650/17, with regard to Implementing Regulation (EU) 2017/1146 re-imposing a definitive anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron, originating in the People’s Republic of China, manufactured by Jinan Meide Castings Co., Ltd
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), and in particular Article 14 thereof,
Whereas:
1. PROCEDURE
(1) |
On 13 May 2013, the Council adopted Implementing Regulation (EU) No 430/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China and Thailand and terminating the proceeding with regard to Indonesia (2) (‘the definitive Regulation’). |
(2) |
On 12 June 2013, one cooperating Chinese exporting producer, Jinan Meide Castings Co., Ltd (‘Jinan Meide’ or ‘the applicant’), lodged an application at the General Court of the European Union (‘the General Court’) seeking the annulment of the definitive Regulation (3). |
(3) |
On 30 June 2016, the General Court annulled the definitive Regulation in so far as it imposed an anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, manufactured by Jinan Meide. |
(4) |
On 28 June 2017, following a reinvestigation, the Commission adopted Implementing Regulation (EU) 2017/1146 re-imposing a definitive anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China, manufactured by Jinan Meide Castings Co., Ltd (4) (‘the anti-dumping Regulation at issue’). |
(5) |
On 12 July 2018, the Court of Justice of the European Union decided that fittings, made of spheroidal graphite cast iron (also known as ductile cast iron) do not correspond to the concept of ‘malleable cast iron’, as defined within CN subheading 7307 19 10. The Court of Justice concluded that fittings made of spheroidal graphite cast iron must be classified under the residual CN subheading 7307 19 90 (as other articles of other iron). On 14 February 2019, the Commission published Regulation (EU) 2019/262 (5) amending the references to TARIC codes in order to align them with the court’s conclusions. Because anti-dumping measures are imposed according to the product definition irrespective of the tariff classification, this amendment did not have any impact on the product scope of the measures. |
(6) |
The applicant challenged the anti-dumping Regulation at issue in the General Court. On 20 September 2019, the General Court issued its judgement in case T-650/17 regarding the anti-dumping Regulation at issue (6). |
(7) |
The General Court examined all four pleas in law raised by the applicant and rejected three of them as unfounded. Only one of the four pleas was upheld. According to the General Court, the Commission adopted an unreasonable methodology to reflect the differences in physical characteristics between product types produced in the analogue country and those exported from China. In the absence of data relating to domestic production in the analogue country, the Commission used the difference in prices observed for the export sales of the various product types from China. According to the General Court, the Commission could not assume that prices likely to be affected by dumping form the basis for a reasonable estimate of the market value of differences in physical characteristics as such prices may not be the result of normal market forces. As a result, the General Court annulled the anti-dumping duty for the applicant re-imposed by Commission Implementing Regulation (EU) 2017/1146 re-imposing a definitive anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China, manufactured by Jinan Meide Castings Co., Ltd. |
(8) |
Following the General Court’s judgment, the Commission decided by means of a Notice (7) (‘the re-opening Notice’), to partially re-open the anti-dumping investigation concerning imports of threaded tube or pipe cast fittings, of malleable cast iron, that led to the adoption of the anti-dumping Regulation at issue and to resume it at the point at which the irregularity occurred. The re-opening is limited in scope to the implementation of the judgment of the General Court with regard to Jinan Meide. |
2. GROUNDS FOR REGISTRATION
(9) |
The Commission analysed whether it is appropriate to make the imports of the product concerned subject to registration. In that context, the Commission took the following considerations into account. Article 266 TFEU provides that the Institutions must take the necessary measures to comply with the Courts’ judgments. In case of annulment of an act adopted by the Institutions in the context of an administrative procedure, such as anti-dumping investigation, compliance with the Court’s judgement may consist in the replacement of the annulled act by a new act, in which the illegality identified by the Court is eliminated (8). |
(10) |
According to the case-law of the Court of Justice, the procedure for replacing the annulled act may be resumed at the very point at which the illegality occurred (9). That implies in particular that in a situation where an act concluding an administrative procedure is annulled, that annulment does not necessarily affect the preparatory acts, such as the initiation of the procedure. In a situation where a Regulation imposing definitive trade defence measures is annulled, that means that, subsequent to the annulment, the proceeding is still open, because the act concluding the proceeding has disappeared from the Union legal order (10), except if the illegality occurred at the stage of initiation. |
(11) |
As explained in the re-opening Notice, and since the illegality did not occur at the stage of initiation but at the stage of the investigation, the Commission decided to re-open the anti-dumping investigation in so far as it concerns Jinan Meide, and resume it at the point at which the irregularity occurred, that is in the context of the original determination relating to the period from 1 January 2011 to 31 December 2011. |
(12) |
According to the case-law of the Court of Justice, the resumption of the administrative procedure and the eventual re-imposition of duties cannot be seen as contrary to the rule of non-retroactivity (11). The re-opening Notice informs interested parties, including importers, that any future liability, if warranted, would emanate from the findings of the re-examination. |
(13) |
Based on the outcome of the re-opened investigation, which is unknown at this stage, the Commission will adopt a Regulation correcting the mistake identified by the General Court and re-imposing, where warranted, the applicable duty rate. This newly established rate, if any, will take effect as from the date on which the anti-dumping Regulation at issue entered into force. |
(14) |
In relation to past or future liability for anti-dumping duties, the following should be noted. |
(15) |
In the re-opening Notice, and since the amount of liability resulting from the re-examination is uncertain, the Commission requests national customs authorities to await the outcome of the re-examination before deciding on any repayment claim concerning the anti-dumping duties annulled by the General Court with respect to Jinan Meide. Customs authorities are thus directed to put on hold any claims for reimbursements of the annulled duties until the outcome of the re-examination is published in the Official Journal. |
(16) |
Furthermore, should the re-opening investigation lead to the re-imposition of anti-dumping duties, those duties also need to be collected for the period during which the re-opening investigation is carried out. This is considered essential to ensure the effective application of the legally warranted measures during the lifetime of such measures, without any difference based on the time at which imports are taking place, i.e. before or after the re-opening of the investigation. |
(17) |
In this respect, the Commission notes that registration is a tool provided in Article 14(5) of the basic anti-dumping Regulation so that measures may subsequently be applied against imports from the date of the registration. This is the case, for instance, of securing the payment in the event of application of duties or in anti-circumvention cases. In the present case, the Commission deems it appropriate to register imports concerning Jinan Meide with a view to facilitating the collection of anti-dumping duties after the re-opening of the investigation, if warranted. |
(18) |
In line with the jurisprudence of the Court of Justice (12), it is noted that, contrary to registration taking place during the period before the adoption of provisional measures, the conditions of Article 10(4) of the basic anti-dumping Regulation are not applicable to the case at hand. Indeed, the purpose of registration in the context of Court implementation investigation is not to allow the possible retroactive collection of trade defence measures as envisaged in that provision. Rather, the reasons for registration are that, as recalled above, in order to ensure the effectiveness of the measures it is appropriate to ensure, to the extent possible, that imports are subject to the correct anti-dumping liability without undue interruption from the date of entry into force of the anti-dumping regulation at issue until the re-imposition of the corrected duties, if any. |
(19) |
In light of the above considerations, the Commission considers that there are grounds for registration pursuant to Article 14(5) of the basic anti-dumping Regulation. |
3. REGISTRATION
(20) |
Pursuant to Article 14(5) of the basic anti-dumping Regulation, imports of the product concerned produced by Jinan Meide under TARIC additional code B336 shall be made subject to registration in order to ensure that, should the investigation result in re-imposing the measures, anti-dumping duties of an appropriate amount can be levied on such imports. |
(21) |
As indicated in the re-opening Notice, the final liability for payment of anti-dumping duties, if any, from the date of entry into force of the anti-dumping regulation at issue will emanate from the findings of the re-examination. However, no duties higher than the duties established in the anti-dumping regulation at issue shall be collected for the period between 2 December 2019 and the date of entry into force of the results of the re-opening investigation. The current anti-dumping duty applicable to Jinan Meide is 39,2 %, |
HAS ADOPTED THIS REGULATION:
Article 1
1. The Customs authorities shall, pursuant to Article 14(5) of Regulation (EU) 2016/1036, take the appropriate steps to register the imports into the Union of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron, excluding bodies of compression fittings using ISO DIN 13 metric thread and malleable iron threaded circular junction boxes without having a lid, currently falling under CN codes ex 7307 19 10 (TARIC code 7307191010) and ex ex73071990 (TARIC code 7307199010), originating in the People’s Republic of China, manufactured by Jinan Meide Castings Co., Ltd (TARIC additional code B336).
2. Registration shall expire nine months following the date of entry into force of this Regulation.
3. The rate of the anti-dumping duties that can be collected on imports of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron, excluding bodies of compression fittings using ISO DIN 13 metric thread and malleable iron threaded circular junction boxes without having a lid, currently falling under CN codes ex 7307 19 10 (TARIC code 7307191010) and ex ex73071990 (TARIC code 7307199010), originating in the People’s Republic of China, manufactured by Jinan Meide Castings Co., Ltd (TARIC additional code B336) between the re-opening of the investigation and the date of entry into force of the results of the re-opening investigation shall not exceed those imposed by Implementing Regulation (EU) 2017/1146.
4. The national customs authorities shall await the publication of the relevant Commission Implementing Regulation re-imposing the duties before deciding on the claim for repayment and remission of anti-dumping duties insofar as imports concerning Jinan Meide Castings Co., Ltd are concerned.
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, 28 November 2019.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 176, 30.6.2016, p. 21, as last amended by Regulation (EU) 2018/825 of the European Parliament and of the Council on 7 June 2018.
(2) Council Implementing Regulation (EU) No 430/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron, originating in the People’s Republic of China and Thailand and terminating the proceeding with regard to Indonesia (OJ L 129, 14.5.2013, p. 1).
(3) Case T-424/13 Jinan Meide Castings Co Ltd v Council.
(4) Commission Implementing Regulation (EU) 2017/1146 of 28 June 2017 re-imposing a definitive anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China, manufactured by Jinan Meide Castings Co., Ltd (OJ L 166, 29.6.2017, p. 23).
(6) ECLI:EU:T:2019:644.
(7) Notice of re-opening the investigation following the judgment of 20 September 2019, in case T‑650/17, with regard to Commission Implementing Regulation (EU) 2017/1146 of 28 June 2017 re-imposing a definitive anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron, originating in the People's Republic of China, manufactured by Jinan Meide Castings Co., Ltd (OJ C …, 29.11.2019, p. …).
(8) Joined cases 97, 193, 99 and 215/86 Asteris AE and others and Hellenic Republic v Commission [1988] ECR 2181, paragraphs 27 and 28.
(9) Case C-415/96 Spain v Commission [1998] ECR I-6993, paragraph 31; Case C-458/98 P Industrie des Poudres Sphériques v Council [2000] I-8147, paragraphs 80 to 85; Case T-301/01 Alitalia v Commission [2008] II-1753, paragraphs 99 and 142; Joined Cases T-267/08 and T-279/08 Région Nord-Pas de Calais v Commission [2011] II-0000, paragraph 83.
(10) Joined cases 97, 193, 99 and 215/86 Asteris AE and others and Hellenic Republic v Commission [1988] ECR 2181, paragraphs 27 and 28. Case C-415/96 Spain v Commission [1998] ECR I-6993, paragraph 31; Case C-458/98 P Industrie des Poudres Sphériques v Council [2000] I-8147, paragraphs 80 to 85; Case T-301/01 Alitalia v Commission [2008] II-1753, paragraphs 99 and 142; Joined Cases T-267/08 and T-279/08 Région Nord-Pas de Calais v Commission [2011] II-0000, paragraph 83.
(11) Case C-256/16 Deichmann SE v Hauptzollamt Duisburg, Judgment of the Court of 15 March 2018, paragraph 79 and Case C 612/16 C & J Clark International Ltd v Commissioners for Her Majesty’s Revenue & Customs, judgment of 19 June 2019, paragraph 58.
(12) Case C-256/16 Deichmann SE v Hauptzollamt Duisburg, paragraph 79 and Case C-612/16, C & J Clark International Ltd v Commissioners for Her Majesty’s Revenue & Customs, judgment of 19 June 2019, paragraph 58.
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/82 |
COMMISSION IMPLEMENTING REGULATION (EU) 2019/1983
of 28 November 2019
amending Implementing Regulation (EU) 2017/39 as regards the reallocation of Union aid
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products (1), and in particular Article 5(5) thereof,
Whereas:
(1) |
Commission Implementing Regulation (EU) 2017/39 (2) sets out the rules, inter alia, for the reallocation of unrequested Union aid between the Member States participating in the school scheme that have notified their willingness to use more than their indicative allocation. The amount of indicative allocation that may be reallocated to another Member State is to be based on the level of use of the definitive allocation of Union aid in the previous school year by that Member State. In the light of experience gained under the school scheme, the rules for the calculation of the amounts of indicative allocation to be reallocated should be further clarified. In order to provide the most updated basis for the reallocation of Union aid, the Member States’ declarations of expenditure effected up to 31 December should be taken into account for the calculation. |
(2) |
Implementing Regulation (EU) 2017/39 should therefore be amended accordingly. |
(3) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets, |
HAS ADOPTED THIS REGULATION:
Article 1
In Article 7 of Implementing Regulation (EU) 2017/39, paragraph 3 is replaced by the following:
‘3. The amount of indicative allocation that may be reallocated to another Member State pursuant to paragraph 1 shall be based on the level of use of the definitive allocation of Union aid in the previous school year for school fruit and vegetables and for school milk respectively by that Member State. Taking into account the declarations of expenditure sent to the Commission concerning expenditure effected up to 31 December of the year prior to the submission of the request for Union aid in accordance with Article 10 of Commission Implementing Regulation (EU) No 908/2014 (*1), the amount of the definitive allocation shall be calculated as follows:
(a) |
when the use of the definitive allocation is below or equal to 50 %, no additional allocation shall be granted; |
(b) |
when the use of the definitive allocation is higher than 50 % but lower or equal to 75 %, the maximum additional allocation shall be capped at 50 % of the indicative allocation; |
(c) |
when the use of the definitive allocation is higher than 75 %, the maximum additional allocation shall not be capped. |
The calculation described in the first subparagraph shall not apply for Member States newly applying the school scheme or one of its components during the first two years of implementation.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 November 2019.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 346, 20.12.2013, p. 12.
(2) Commission Implementing Regulation (EU) 2017/39 of 3 November 2016 on rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to Union aid for the supply of fruit and vegetables, bananas and milk in educational establishments (OJ L 5, 10.1.2017, p. 1).
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/84 |
COMMISSION IMPLEMENTING REGULATION (EU) 2019/1984
of 28 November 2019
fixing the maximum amount of aid for private storage of olive oil within the tendering procedure opened by Implementing Regulation (EU) 2019/1882
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products (1), and in particular point (a) of the first subparagraph of Article 4(2) thereof,
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 (2), and in particular Article 18(2) thereof,
Whereas:
(1) |
Commission Implementing Regulation (EU) 2019/1882 (3) opened a tendering procedure for private storage of olive oil. |
(2) |
On the basis of the tenders received during the submission sub-period ending on 26 November 2019, the maximum global quantity to be stored, the estimated costs of the storage and other relevant market information, it is appropriate to fix the maximum amount of aid for the storage of 3 650 tonnes of olive oil for a period of 180 days in order to alleviate the difficult market situation. |
(3) |
In order to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union. |
(4) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets, |
HAS ADOPTED THIS REGULATION:
Article 1
For the tenders submitted within the tendering procedure opened by Implementing Regulation (EU) 2019/1882 during the sub-period ending on 26 November 2019, the maximum amount of aid for private storage of olive oil shall be:
(a) |
EUR 0,00 per tonne per day of extra virgin olive oil; |
(b) |
EUR 0,83 per tonne per day of virgin olive oil; |
(c) |
EUR 0,83 per tonne per day of lampante olive oil. |
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, 28 November 2019.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General
Directorate-General for Agriculture and Rural Development
(1) OJ L 346, 20.12.2013, p. 12.
(2) OJ L 347, 20.12.2013, p. 671.
(3) Commission Implementing Regulation (EU) 2019/1882 of 8 November 2019 (OJ L 290, 11.11.2019, p. 12).
DIRECTIVES
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/86 |
COMMISSION IMPLEMENTING DIRECTIVE (EU) 2019/1985
of 28 November 2019
amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC and Article 7 of Council Directive 2002/55/EC respectively, as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (1), and in particular Article 7(2)(a) and (b) thereof,
Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (2), and in particular Article 7(2)(a) and (b) thereof,
Whereas:
(1) |
Commission Directives 2003/90/EC (3) and 2003/91/EC (4) were adopted to ensure that the varieties the Member States include in their national catalogues comply with the protocols established by the Community Plant Variety Office (CPVO) as regards the characteristics to be covered as a minimum by the examination of the various species and the minimum conditions for examining the varieties, as far as such protocols had been established. For the species not covered by CPVO protocols those Directives provide that guidelines of the International Union for Protection of New Varieties of Plants (UPOV) are to apply. |
(2) |
Since the last amendment to Directives 2003/90/EC and 2003/91/EC by Commission Implementing Directive (EU) 2019/114 (5), the CPVO has established further protocols and has updated existing ones. |
(3) |
Directives 2003/90/EC and 2003/91/EC should therefore be amended accordingly. |
(4) |
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annexes I and II to Directive 2003/90/EC are replaced by the text set out in Part A of the Annex to this Directive.
Article 2
The Annexes to Directive 2003/91/EC are replaced by the text set out in Part B of the Annex to this Directive.
Article 3
For examinations started before 1 June 2020 Member States may apply Directives 2003/90/EC and 2003/91/EC in the versions applying before their amendment by this Directive.
Article 4
Member States shall adopt and publish, by 31 May 2020, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
They shall apply those provisions from 1 June 2020.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 5
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 6
This Directive is addressed to the Member States.
Done at Brussels, 28 November 2019.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 193, 20.7.2002, p. 1.
(2) OJ L 193, 20.7.2002, p. 33.
(3) Commission Directive 2003/90/EC of 6 October 2003 setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species (OJ L 254, 8.10.2003, p. 7).
(4) Commission Directive 2003/91/EC of 6 October 2003 setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species (OJ L 254, 8.10.2003, p. 11).
(5) Commission Implementing Directive (EU) 2019/114 of 24 January 2019 amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC and Article 7 of Council Directive 2002/55/EC respectively, as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species (OJ L 23, 25.1.2019, p. 35).
ANNEX
PART A
‘ANNEX I
List of species referred to in Article 1(2)(a) which are to comply with CPVO technical protocols (1)
Scientific name |
Common name |
CPVO protocol |
Festuca arundinacea Schreb. |
Tall fescue |
TP 39/1 of 1.10.2015 |
Festuca filiformis Pourr. |
Fine-leaved sheep’s fescue |
TP 67/1 of 23.6.2011 |
Festuca ovina L. |
Sheep’s fescue |
TP 67/1 of 23.6.2011 |
Festuca pratensis Huds. |
Meadow fescue |
TP 39/1 of 1.10.2015 |
Festuca rubra L. |
Red fescue |
TP 67/1 of 23.6.2011 |
Festuca trachyphylla (Hack.) Krajina |
Hard fescue |
TP 67/1 of 23.6.2011 |
Lolium multiflorum Lam. |
Italian ryegrass |
TP 4/2 of 19.3.2019 |
Lolium perenne L. |
Perennial ryegrass |
TP 4/2 of 19.3.2019 |
Lolium x hybridum Hausskn. |
Hybrid ryegrass |
TP 4/2 of 19.3.2019 |
Pisum sativum L. (partim) |
Field pea |
TP 7/2 Rev. 2 of 15.3.2017 |
Poa pratensis L. |
Smooth-stalked meadow grass |
TP 33/1 of 15.3.2017 |
Vicia faba L. |
Field bean |
TP/8/1 of 19.3.2019 |
Vicia sativa L. |
Common vetch |
TP 32/1 of 19.4.2016 |
Brassica napus L. var. napobrassica (L.) Rchb. |
Swede |
TP 89/1 of 11.3.2015 |
Raphanus sativus L. var. oleiformis Pers. |
Fodder radish |
TP 178/1 of 15.3.2017 |
Brassica napus L. (partim) |
Swede rape |
TP 36/2 of 16.11.2011 |
Cannabis sativa L. |
Hemp |
TP 276/1 Partial rev. of 21.3.2018 |
Glycine max (L.) Merr. |
Soya bean |
TP 80/1 of 15.3.2017 |
Gossypium spp. |
Cotton |
TP 88/1 of 19.4.2016 |
Helianthus annuus L. |
Sunflower |
TP 81/1 of 31.10.2002 |
Linum usitatissimum L. |
Flax/Linseed |
TP 57/2 of 19.3.2014 |
Sinapis alba L. |
White mustard |
TP 179/1 of 15.3.2017 |
Avena nuda L. |
Small naked oat, Hulless oat |
TP 20/2 of 1.10.2015 |
Avena sativa L. (includes A. byzantinaK. Koch) |
Oats and Red oat |
TP 20/2 of 1.10.2015 |
Hordeum vulgare L. |
Barley |
TP 19/5 of 19.3.2019 |
Oryza sativa L. |
Rice |
TP 16/3 of 1.10.2015 |
Secale cereale L. |
Rye |
TP 58/1 of 31.10.2002 |
Sorghum bicolor (L.) Moench |
Sorghum |
TP 122/1 of 19.3.2019 |
Sorghum sudanense (Piper) Stapf. |
Sudan grass |
TP 122/1 of 19.3.2019 |
Sorghum bicolor (L.) Moench x Sorghum sudanense (Piper) Stapf |
Hybrids resulting from the crossing of Sorghum bicolor and Sorghum sudanense |
TP 122/1 of 19.3.2019 |
xTriticosecale Wittm. ex A. Camus |
Hybrids resulting from the crossing of a species of the genus Triticum and a species of the genus Secale |
TP 121/2 rev. 1 of 16.2.2011 |
Triticum aestivum L. |
Wheat |
TP 3/5 of 19.3.2019 |
Triticum durum Desf. |
Durum wheat |
TP 120/3 of 19.3.2014 |
Zea mays L. (partim) |
Maize |
TP 2/3 of 11.3.2010 |
Solanum tuberosum L. |
Potato |
TP 23/3 of 15.3.2017 |
ANNEX II
List of species referred to in Article 1(2)(b) which are to comply with UPOV test guidelines (2)
Scientific name |
Common name |
UPOV guideline |
Beta vulgaris L. |
Fodder beet |
TG/150/3 of 4.11.1994 |
Agrostis canina L. |
Velvet bent |
TG/30/6 of 12.10.1990 |
Agrostis gigantea Roth |
Red top |
TG/30/6 of 12.10.1990 |
Agrostis stolonifera L. |
Creeping bent grass |
TG/30/6 of 12.10.1990 |
Agrostis capillaris L. |
Brown top |
TG/30/6 of 12.10.1990 |
Bromus catharticus Vahl |
Rescue grass |
TG/180/3 of 4.4.2001 |
Bromus sitchensis Trin. |
Alaska brome grass |
TG/180/3 of 4.4.2001 |
Dactylis glomerata L. |
Cocksfoot |
TG/31/8 of 17.4.2002 |
xFestulolium Asch. et Graebn. |
Hybrids resulting from the crossing of a species of the genus Festuca with a species of the genus Lolium |
TG/243/1 of 9.4.2008 |
Phleum nodosum L. |
Small timothy |
TG/34/6 of 7.11.1984 |
Phleum pratense L. |
Timothy |
TG/34/6 of 7.11.1984 |
Lotus corniculatus L. |
Birdsfoot trefoil |
TG 193/1 of 9.4.2008 |
Lupinus albus L. |
White lupin |
TG/66/4 of 31.3.2004 |
Lupinus angustifolius L. |
Narrow-leaved lupin |
TG/66/4 of 31.3.2004 |
Lupinus luteus L. |
Yellow lupin |
TG/66/4 of 31.3.2004 |
Medicago doliata Carmign. |
Straight-spined medic |
TG 228/1 of 5.4.2006 |
Medicago italica (Mill.) Fiori |
Disc medic |
TG 228/1 of 5.4.2006 |
Medicago littoralis Rohde ex Loisel. |
Shore medic/Strand medic |
TG 228/1 of 5.4.2006 |
Medicago lupulina L. |
Trefoil |
TG 228/1 of 5.4.2006 |
Medicago murex Willd. |
Sphere medic |
TG 228/1 of 5.4.2006 |
Medicago polymorpha L. |
Bur medic |
TG 228/1 of 5.4.2006 |
Medicago rugosa Desr. |
Wrinkled medic/Gama medic |
TG 228/1 of 5.4.2006 |
Medicago sativa L. |
Lucerne |
TG/6/5 of 6.4.2005 |
Medicago scutellata (L.) Mill. |
Snail medic/Shield medic |
TG 228/1 of 5.4.2006 |
Medicago truncatula Gaertn. |
Barrel medic |
TG 228/1 of 5.4.2006 |
Medicago x varia T. Martyn |
Sand lucerne |
TG/6/5 of 6.4.2005 |
Trifolium pratense L. |
Red clover |
TG/5/7 of 4.4.2001 |
Trifolium repens L. |
White clover |
TG/38/7 of 9.4.2003 |
Phacelia tanacetifolia Benth. |
California Bluebell |
TG/319/1 of 5.4.2017 |
Arachis hypogaea L. |
Groundnut/Peanut |
TG/93/4 of 9.4.2014 |
Brassica rapa L. var. silvestris (Lam.) Briggs |
Turnip rape |
TG/185/3 of 17.4.2002 |
Carthamus tinctorius L. |
Safflower |
TG/134/3 of 12.10.1990 |
Papaver somniferum L. |
Poppy |
TG/166/4 of 9.4.2014 |
PART B
‘ANNEX I
List of species referred to in Article 1(2)(a) which are to comply with CPVO technical protocols (3)
Scientific name |
Common name |
CPVO protocol |
Allium cepa L. (Cepa group) |
Onion and Echalion |
TP 46/2 of 1.4.2009 |
Allium cepa L. (Aggregatum group) |
Shallot |
TP 46/2 of 1.4.2009 |
Allium fistulosum L. |
Japanese bunching onion or Welsh onion |
TP 161/1 of 11.3.2010 |
Allium porrum L. |
Leek |
TP 85/2 of 1.4.2009 |
Allium sativum L. |
Garlic |
TP 162/1 of 25.3.2004 |
Allium schoenoprasum L. |
Chives |
TP 198/2 of 11.3.2015 |
Apium graveolens L. |
Celery |
TP 82/1 of 13.3.2008 |
Apium graveolens L. |
Celeriac |
TP 74/1 of 13.3.2008 |
Asparagus officinalis L. |
Asparagus |
TP 130/2 of 16.2.2011 |
Beta vulgaris L. |
Beetroot including Cheltenham beet |
TP 60/1 of 1.4.2009 |
Beta vulgaris L. |
Spinach beet or Chard |
TP 106/1 of 11.3.2015 |
Brassica oleracea L. |
Curly kale |
TP 90/1 of 16.2.2011 |
Brassica oleracea L. |
Cauliflower |
TP 45/2 Rev. 2 of 21.3.2018 |
Brassica oleracea L. |
Sprouting broccoli or Calabrese |
TP 151/2 Rev. of 15.3.2017 |
Brassica oleracea L. |
Brussels sprouts |
TP 54/2 Rev. of 15.3.2017 |
Brassica oleracea L. |
Kohlrabi |
TP 65/1 Rev. of 15.3.2017 |
Brassica oleracea L. |
Savoy cabbage, White cabbage and Red cabbage |
TP 48/3 Rev. of 15.3.2017 |
Brassica rapa L. |
Chinese cabbage |
TP 105/1 of 13.3.2008 |
Capsicum annuum L. |
Chilli or Pepper |
TP 76/2 Rev. of 15.3.2017 |
Cichorium endivia L. |
Curled-leaved endive and Plain-leaved endive |
TP 118/3 of 19.3.2014 |
Cichorium intybus L. |
Industrial chicory |
TP 172/2 of 1.12.2005 |
Cichorium intybus L. |
Leaf chicory |
TP 154/1 Rev. of 19.3.2019 |
Cichorium intybus L. |
Witloof chicory |
TP 173/2 of 21.3.2018 |
Citrullus lanatus (Thunb.) Matsum. et Nakai |
Watermelon |
TP 142/2 of 19.3.2014 |
Cucumis melo L. |
Melon |
TP 104/2 of 21.3.2007 |
Cucumis sativus L. |
Cucumber and Gherkin |
TP 61/2 Rev. 2 of 19.3.2019 |
Cucurbita maxima Duchesne |
Gourd |
TP 155/1 of 11.3.2015 |
Cucurbita pepo L. |
Marrow or Courgette |
TP 119/1rev. of 19.3.2014 |
Cynara cardunculus L. |
Globe artichoke and Cardoon |
TP 184/2 of 27.2.2013 |
Daucus carota L. |
Carrot and Fodder carrot |
TP 49/3 of 13.3.2008 |
Foeniculum vulgare Mill. |
Fennel |
TP 183/1 of 25.3.2004 |
Lactuca sativa L. |
Lettuce |
TP 13/6 Rev. of 15.2.2019 |
Solanum lycopersicum L. |
Tomato |
TP 44/4 Rev. 3 of 21.3.2018 |
Petroselinum crispum (Mill.) Nyman ex A. W. Hill |
Parsley |
TP 136/1 of 21.3.2007 |
Phaseolus coccineus L. |
Runner bean |
TP 9/1 of 21.3.2007 |
Phaseolus vulgaris L. |
Dwarf French bean and Climbing French bean |
TP 12/4 of 27.2.2013 |
Pisum sativum L. (partim) |
Wrinkled pea, Round pea and Sugar pea |
TP 7/2 Rev. 2 of 15.3.2017 |
Raphanus sativus L. |
Radish, Black radish |
TP 64/2 Rev. of 11.3.2015 |
Rheum rhabarbarum L |
Rhubarb |
TP 62/1 of 19.4.2016 |
Scorzonera hispanica L. |
Scorzonera or Black salsify |
TP 116/1 of 11.3.2015 |
Solanum melongena L. |
Aubergine or Egg plant |
TP 117/1 of 13.3.2008 |
Spinacia oleracea L. |
Spinach |
TP 55/5 Rev. 2 of 15.3.2017 |
Valerianella locusta (L.) Laterr. |
Corn salad or Lamb’s lettuce |
TP 75/2 of 21.3.2007 |
Vicia faba L. (partim) |
Broad bean |
TP Broadbean/1 of 25.3.2004 |
Zea mays L. (partim) |
Sweet corn and Pop corn |
TP 2/3 of 11.3.2010 |
Solanum habrochaites S. Knapp & D.M. Spooner; Solanum lycopersicum L. x Solanum habrochaites S. Knapp & D.M. Spooner; Solanum lycopersicum L. x Solanum peruvianum (L.) Mill.; Solanum lycopersicum L. x Solanum cheesmaniae (L. Ridley) Fosberg; Solanum pimpinellifolium L. x Solanum habrochaites S. Knapp & D.M. Spooner |
Tomato rootstocks |
TP 294/1 Rev. 3 of 21.3.2018 |
Cucurbita maxima Duchesne x Cucurbita moschata Duchesne |
Interspecific hybrids of Cucurbita maxima Duchesne x Cucurbita moschata Duchesne for use as rootstocks |
TP 311/1 of 15.3.2017 |
ANNEX II
List of species referred to in Article 1(2)(b) which are to comply with UPOV test guidelines (4)
Scientific name |
Common name |
UPOV guideline |
Brassica rapa L. |
Turnip |
TG/37/10 of 4.4.2001 |
(1) The text of these protocols can be found on the CPVO web site (www.cpvo.europa.eu).
(2) The text of these guidelines can be found on the UPOV web site (www.upov.int)
(3) The text of these protocols can be found on the CPVO web site (www.cpvo.europa.eu).
(4) The text of these guidelines can be found on the UPOV web site (www.upov.int).
DECISIONS
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/94 |
COUNCIL DECISION (EU) 2019/1986
of 25 November 2019
appointing five members and one alternate member, proposed by the Republic of Poland of the Committee of the Regions
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
Having regard to the proposal of the Polish Government,
Whereas:
(1) |
On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. |
(2) |
Five members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Paweł ADAMOWICZ, Mr Lech JAWORSKI, Mr Zbigniew PODRAZA, Mr Dariusz Zygmunt WRÓBEL and Mr Stanisław SZWABSKI. |
(3) |
An alternate member’s seat has become vacant following the appointment of Ms Hanna ZDANOWSKA as a member of the Committee of the Regions, |
HAS ADOPTED THIS DECISION:
Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:
(a) |
as members:
|
and
(b) |
as an alternate member:
|
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 25 November 2019.
For the Council
The President
F. MOGHERINI
(1) Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).
(2) Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).
(3) Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/95 |
COUNCIL DECISION (EU) 2019/1987
of 25 November 2019
on the position to be taken on behalf of the European Union within the Council of Members of the International Olive Council as regards trade standards applying to olive oils and olive pomace oils
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The International Agreement on Olive Oil and Table Olives, 2015 (the ‘Agreement’) was signed on behalf of the Union in accordance with Council Decision (EU) 2016/1892 (1) on 18 November 2016 at the United Nations Headquarters in New York, subject to its conclusion at a later date. The Agreement entered into force provisionally on 1 January 2017 in accordance with Article 31(2) thereof. |
(2) |
The Agreement was concluded on 17 May 2019 by Council Decision (EU) 2019/848 (2). |
(3) |
Pursuant to Article 7(1) of the Agreement, the Council of Members of the International Olive Council (the ‘Council of Members’) is to adopt decisions that modify trade standards applying to olive oils and olive pomace oils. |
(4) |
The Council of Members, during its 110th session from 25 November to 29 November 2019, is to adopt a decision modifying trade standards applying to olive oils and olive pomace oils (the ‘modifying decision’). |
(5) |
It is appropriate to establish the position to be taken on the Union’s behalf within the Council of Members, as the modifying decision to be adopted will have legal effects on the Union as regards international trade with the other members of the International Olive Council (IOC) and will be capable of decisively influencing the content of Union law, namely on marketing standards concerning olive oil adopted by the Commission pursuant to Article 75 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (3). |
(6) |
The modifying decision to be adopted by the Council of Members concerns corrections of editing errors in sections related to purity criteria and quality criteria and the insertion of a new decision tree for lampante virgin olive oils. The modifying decision has been extensively discussed between scientific and technical experts of the Commission and of the Member States on olive oil. It will contribute to the international harmonisation of the olive oil standards and establish a framework which will ensure fair competition in the trading of products of the olive oil sector. The modifying decision should therefore be supported, and consequently amendments to Commission Regulation (EEC) No 2568/91 (4) will be required. |
(7) |
If the adoption of the modifying decision during the 110th session of the Council of Members is postponed as a result of some Members not being in a position to give their approval, the position set out in the Annex to this Decision should be taken on behalf of the Union within the framework of a possible procedure for adoption by the Council of Members by exchange of correspondence, pursuant to Article 10(6) of the Agreement. The procedure for adoption by exchange of correspondence should be initiated before the next regular session of the Council of Members in June 2020. |
(8) |
In order to preserve the interests of the Union, the representatives of the Union in the Council of Members should be allowed to request to postpone the adoption of the modifying decision in the 110th session of the Council of Members if the relevance of the position to be taken on the Union’s behalf is likely to be affected by new scientific or technical information presented before or during that session, |
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union’s behalf within the Council of Members during its 110th session from 25 November to 29 November 2019, or within the framework of a procedure for adoption of decisions by the Council of Members by an exchange of correspondence to be initiated before its next regular session in June 2020, as regards trade standards applying to olive oils and olive pomace oils, is set out in the Annex.
Article 2
If the position referred to in Article 1 is likely to be affected by new scientific or technical information presented before or during the 110th session of the Council of Members, the Union shall request that the adoption by the Council of Members of a decision modifying trade standards applying to olive oils and olive pomace oils be postponed until the position of the Union is established on the basis of that new information.
Article 3
The Decision shall enter into force on the date of its adoption.
Done at Brussels, 25 November 2019.
For the Council
The President
F. MOGHERINI
(1) Council Decision (EU) 2016/1892 of 10 October 2016 on the signing, on behalf of the European Union, and provisional application of the International Agreement on Olive Oil and Table Olives, 2015 (OJ L 293, 28.10.2016, p. 2).
(2) Council Decision (EU) 2019/848 of 17 May 2019 on the conclusion on behalf of the European Union of the International Agreement on Olive Oil and Table Olives, 2015 (OJ L 139, 27.5.2019, p. 1).
(3) 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 (OJ L 347, 20.12.2013, p. 671).
(4) Commission Regulation (EEC) No 2568/91 of 11 July 1991 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis (OJ L 248, 5.9.1991, p. 1).
ANNEX
The Union shall support the revision of trade standard COI/T.15/NC No 3/Rev. 13 applying to olive oils and olive pomace oils at the 110th session of the Council of Members from 25 November to 29 November 2019, or within the framework of a procedure for adoption of decisions by the Council of Members by an exchange of correspondence to be initiated before its next regular session in June 2020. That revision will correct editing errors in sections related to purity criteria and quality criteria and will insert a new decision tree for lampante virgin olive oils.
Technical adaptations to other methods or documents of the IOC may be agreed to by the representatives of the Union in the Council of Members without further decision of the Council if those technical adaptations result from the revision referred to in the first paragraph.
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/98 |
POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2019/1988
of 26 November 2019
on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision (CFSP) 2019/1245 (ATALANTA/4/2019)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular Article 38 thereof,
Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) (1), and in particular Article 6(1) thereof,
Whereas:
(1) |
Pursuant to Article 6(1) of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast ('EU Force Commander'). |
(2) |
On 18 July 2019, the PSC adopted Decision (CFSP) 2019/1245 (2) appointing Rear Admiral Armando Paolo SIMI as EU Force Commander. |
(3) |
The EU Operation Commander has recommended the appointment of Commodore José VIZINHA MIRONES as the new EU Force Commander as from 3 December 2019. |
(4) |
On 25 October 2019, the EU Military Committee supported that recommendation. |
(5) |
Decision (CFSP) 2019/1245 should therefore be repealed. |
(6) |
In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications, |
HAS ADOPTED THIS DECISION:
Article 1
Commodore José VIZINHA MIRONES is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) as from 3 December 2019.
Article 2
Decision (CFSP) 2019/1245 is repealed.
Article 3
This Decision shall enter into force on 3 December 2019.
Done at Brussels, 26 November 2019.
For the Political and Security Committee
The Chairperson
S. FROM-EMMESBERGER
(1) OJ L 301, 12.11.2008, p. 33.
(2) Political and Security Committee Decision (CFSP) 2019/1245 of 18 July 2019 on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision (CFSP) 2019/373 (ATALANTA/2/2019) (OJ L 194, 22.7.2019, p. 2).
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/100 |
EUROPEAN COUNCIL DECISION (EU) 2019/1989
of 28 November 2019
appointing the European Commission
THE EUROPEAN COUNCIL,
Having regard to the Treaty on European Union, and in particular Article 17(3) and the third subparagraph of Article 17(7) thereof,
Whereas:
(1) |
The term of office of the Commission appointed by European Council Decision 2014/749/EU (1) came to an end on 31 October 2019. |
(2) |
In accordance with Article 17(5) of the Treaty on European Union (TEU), the European Council adopted Decision 2013/272/EU (2) concerning the number of members of the European Commission. |
(3) |
A new Commission, consisting of one national of each Member State, including its President and the High Representative of the Union for Foreign Affairs and Security Policy, should be appointed until 31 October 2024. |
(4) |
The European Council nominated Ms Ursula VON DER LEYEN as the person put forward to the European Parliament as President of the Commission, and the European Parliament elected her as President of the Commission at its Plenary Session of 16 July 2019. |
(5) |
By Decision (EU) 2019/1330 (3), the European Council, with the agreement of the President-elect of the Commission, appointed Mr Josep BORRELL FONTELLES High Representative of the Union for Foreign Affairs and Security Policy for the period from the end of the current term of office of the Commission until 31 October 2024. |
(6) |
On 19 October 2019, the United Kingdom submitted a request for an extension of the period provided for in Article 50(3) TEU until 31 January 2020. By letter of 28 October 2019, the draft text of the European Council Decision, extending that period until the requested date, was transmitted to the United Kingdom for its agreement. By letter of 28 October 2019, the United Kingdom agreed, in accordance with Article 50(3) TEU, both to the extension and to the text of the draft European Council Decision. On 29 October 2019, the European Council adopted that Decision (4). |
(7) |
By agreeing to Decision (EU) 2019/1810, the United Kingdom confirmed its commitment to act in a constructive and responsible manner throughout the extension period in accordance with the duty of sincere cooperation. It also agreed that the extension could not be allowed to undermine the regular functioning of the Union and its institutions. Finally, given that the consequence of the extension is that, in accordance with Article 50 TEU, the United Kingdom remains a Member State with full rights and obligations until the withdrawal date, the United Kingdom agreed that this includes the obligation to suggest a candidate for appointment as a member of the Commission. However, the United Kingdom did not suggest a candidate for Commissioner. |
(8) |
On 6 November 2019, the Commission President-elect invited the United Kingdom to suggest one or more persons who, by their general competence, independence and European commitment, would be suitable to become a member of the next Commission. The United Kingdom did not respond to that letter. On 12 November 2019, the Commission President-elect sent a second letter with the same invitation, recalling the United Kingdom’s obligations under the TEU, and Decision (EU) 2019/1810. On 13 November 2019, the United Kingdom replied to both letters and indicated that the United Kingdom was not in a position to suggest a candidate for the post of Commissioner in view of the upcoming general election. On 14 November 2019, the Commission launched infringement proceedings against the United Kingdom, following its failure to suggest a candidate for Commissioner, by sending a letter of formal notice to the United Kingdom in accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU). In that letter, the Commission recalled that, in accordance with established case-law of the Court of Justice of the European Union, a Member State may not invoke provisions prevailing in its domestic legal system to justify failure to observe obligations arising under Union law. The authorities of the United Kingdom had until 22 November 2019 to submit their observations on that letter of formal notice. |
(9) |
The European Council notes that, notwithstanding the obligations under Union law which were recalled in Decision (EU) 2019/1810 and specifically agreed to by the United Kingdom, no candidate for a member of the Commission has been suggested by the United Kingdom. This cannot undermine the regular functioning of the Union and its institutions and thus cannot constitute an obstacle to the appointment of the next Commission in order for it to start exercising the full range of its power under the Treaties as soon as possible. The European Council notes that although only 27 persons are hereby appointed as Members of the Commission, the Commission is composed, in accordance with Decision 2013/272/EU, of a number of Members equal to the number of Member States. It also notes that after the Commission has been appointed, Article 246, second paragraph, TFEU will apply. |
(10) |
By Decision (EU) 2019/1393 (5), the Council adopted by common accord with the President-elect of the Commission the list of the other persons whom it proposes for appointment as Members of the Commission. By Decision (EU) 2019/1949 (6), repealing and replacing Decision (EU) 2019/1393, the Council adopted by common accord with the President-elect of the Commission a new list of the other persons whom it proposes for appointment as Members of the Commission. |
(11) |
By means of a vote held on 27 November 2019, the European Parliament gave its consent to the appointment, as a body, of the President, the High Representative of the Union for Foreign Affairs and Security Policy, and the other members of the Commission. |
(12) |
The Commission should therefore be appointed, |
HAS ADOPTED THIS DECISION:
Article 1
The following are hereby appointed to the European Commission for the period from 1 December 2019 to 31 October 2024:
— |
as President: Ms Ursula VON DER LEYEN |
— |
as Member, Vice-President, pursuant to Article 18(4) TEU: Mr Josep BORRELL FONTELLES, High Representative of the Union for Foreign Affairs and Security Policy |
— |
as Members: Mr Thierry BRETON Ms Helena DALLI Mr Valdis DOMBROVSKIS Ms Elisa FERREIRA Ms Mariya GABRIEL Mr Paolo GENTILONI Mr Johannes HAHN Mr Phil HOGAN Ms Ylva JOHANSSON Ms Věra JOUROVÁ Ms Stella KYRIAKIDES Mr Janez LENARČIČ Mr Didier REYNDERS Mr Margaritis SCHINAS Mr Nicolas SCHMIT Mr Maroš ŠEFČOVIČ Ms Kadri SIMSON Mr Virginijus SINKEVIČIUS Ms Dubravka ŠUICA Mr Frans TIMMERMANS Ms Jutta URPILAINEN Ms Adina VĂLEAN Mr Olivér VÁRHELYI Ms Margrethe VESTAGER Mr Janusz WOJCIECHOWSKI. |
Article 2
This Decision shall enter into force on 1 December 2019.
Article 3
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 28 November 2019.
For the European Council
The President
D. TUSK
(1) European Council Decision 2014/749/EU of 23 October 2014 appointing the European Commission (OJ L 311, 31.10.2014, p. 36).
(2) European Council Decision 2013/272/EU of 22 May 2013 concerning the number of members of the European Commission (OJ L 165, 18.6.2013, p. 98).
(3) European Council Decision (EU) 2019/1330 of 5 August 2019 appointing the High Representative of the Union for Foreign Affairs and Security Policy (OJ L 207, 7.8.2019, p. 36).
(4) European Council Decision (EU) 2019/1810 taken in agreement with the United Kingdom of 29 October 2019 extending the period under Article 50(3) TEU (OJ L 278 I, 30.10.2019, p. 1).
(5) Council Decision (EU) 2019/1393 taken by common accord with the President-elect of the Commission, of 10 September 2019 adopting the list of the other persons whom the Council proposes for appointment as Members of the Commission (OJ L 233 I, 10.9.2019, p. 1).
(6) Council Decision (EU) 2019/1949 taken by common accord with the President-elect of the Commission of 25 November 2019 adopting the list of the other persons whom the Council proposes for appointment as Members of the Commission, and repealing and replacing Decision (EU) 2019/1393 (OJ L 304, 26.11.2019, p. 16).
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/103 |
COUNCIL DECISION (EU) 2019/1990
of 28 November 2019
delegating to the Director of the Office for the Administration and Payment of the Individual Entitlements of the European Commission certain powers of the authorising officer concerning the payment of remunerations and the payment of mission and authorised travel expenses
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to 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 (1), and in particular point (a) of Article 66(1) thereof,
Whereas:
(1) |
By Council Decision (EU) 2019/792 (2), the Council entrusted to the Office for the Administration and Payment of Individual Entitlements (PMO) of the European Commission the exercise of certain powers conferred by the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (3), on the appointing authority and on the authority empowered to conclude contracts of employment for the staff of the General Secretariat of the Council (GSC), in relation to the management of individual pecuniary entitlements. |
(2) |
The GSC signed a service-level agreement with the PMO for the management of individual pecuniary entitlements of the staff and high‐level public office holders of the GSC. |
(3) |
Commission Decision 2003/522/EC (4), and in particular Article 2(4) thereof, allows the PMO to act at the request of and on behalf of another body established under or on the basis of the Treaties. In accordance with the service-level agreement between the PMO and the GSC, the GSC may request the PMO to validate and authorise the payment of salaries to the staff and high-level public office holders of the GSC as well as the payment of their mission and authorised travel expenses. In view of the advantages this will procure in terms of cost savings and efficiencies, the Director of the PMO should be delegated relevant powers of the authorising officer pursuant to point (a) of Article 66(1) of Regulation (EU, Euratom) 2018/1046, |
HAS ADOPTED THIS DECISION:
Article 1
1. The Director of the Office for the Administration and Payment of the Individual Entitlements (PMO) of the European Commission is delegated the powers of the authorising officer to validate and authorise payments of remuneration as well as payments of mission and authorised travel expenses to staff for the purposes of the application of point (a) of Article 1(1) of Decision (EU) 2019/792 and to high-level public office holders.
Those payments shall be booked to the following articles and items of Section II of the general budget of the European Union, entitled 'European Council and Council':
— |
Chapter 10, except for sub-items 1004-02 and 1004-05; |
— |
Chapter 11; |
— |
Item 1200, except for sub-item 1200-36; |
— |
Article 133; |
— |
Item 2201. |
The delegation referred to in the first subparagraph shall also include the powers to estimate, establish and authorise revenues linked to the expenditures referred to in the second subparagraph.
2. The delegation referred to in the first subparagraph of paragraph 1 of this Article shall not apply in cases where the exercise of powers delegated by the Council to the PMO under Article 1(1) of Decision (EU) 2019/792 was relinquished in accordance with Article 1(2) of that Decision.
Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
It shall apply from the date of receipt by the General Secretariat of the Council of a letter confirming the acceptance by the PMO of the powers delegated under the first subparagraph of Article 1(1) or upon the exercise by the PMO of those delegated powers, whichever is earlier.
Done at Brussels, 28 November 2019.
For the Council
The President
T. HARAKKA
(1) OJ L 193, 30.7.2018, p. 1.
(2) Council Decision (EU) 2019/792 of 13 May 2019 entrusting to the European Commission – the Office for the Administration and Payment of Individual Entitlements (PMO) – the exercise of certain powers conferred on the appointing authority and the authority empowered to conclude contracts of employment (OJ L 129, 17.5.2019, p. 3).
(4) Commission Decision 2003/522/EC of 6 November 2002 establishing an Office for the administration and payment of individual entitlements (OJ L 183, 22.7.2003, p. 30).
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/105 |
POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2019/1991
of 28 November 2019
on the appointment of the Head of Mission of the European Union Rule of Law Mission in Kosovo (*1) (EULEX KOSOVO) (EULEX KOSOVO/2/2019)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
Having regard to Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (1), and in particular Article 12(2) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
Pursuant to Article 12(2) of Joint Action 2008/124/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with the third paragraph of Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO), including the decision to appoint a Head of Mission. |
(2) |
On 8 June 2018, the Council adopted Decision (CFSP) 2018/856 (2) amending Joint Action 2008/124/CFSP and extending the duration of EULEX KOSOVO until 14 June 2020. |
(3) |
On 29 May 2019, the PSC adopted Decision (CFSP) 2019/908 (3), extending the mandate of Ms Alexandra PAPADOPOULOU as Head of Mission of EULEX KOSOVO for the period from 15 June 2019 to 31 December 2019, with the understanding that this was a temporary extension until a new Head of Mission would be appointed. |
(4) |
On 6 November 2019, the High Representative of the Union for Foreign Affairs and Security Policy proposed the appointment of Mr Lars-Gunnar WIGEMARK as Head of Mission of EULEX KOSOVO from 1 December 2019 until 14 June 2020. |
(5) |
Decision (CFSP) 2019/908 should therefore be repealed, |
HAS ADOPTED THIS DECISION:
Article 1
Mr Lars-Gunnar WIGEMARK is hereby appointed as Head of Mission of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) for the period from 1 December 2019 until 14 June 2020.
Article 2
Decision (CFSP) 2019/908 is hereby repealed.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 28 November 2019.
For the Political and Security Committee
The Chairperson
S. FROM-EMMESBERGER
(*1) This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.
(1) OJ L 42, 16.2.2008, p. 92.
(2) Council Decision (CFSP) 2018/856 of 8 June 2018 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) (OJ L 146, 11.6.2018, p. 5).
(3) Political and Security Committee Decision (CFSP) 2019/908 of 29 May 2019 extending the mandate of the Head of Mission of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) (EULEX KOSOVO/1/2019) (OJ L 145, 4.6.2019, p. 19).
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/107 |
COMMISSION IMPLEMENTING DECISION (EU) 2019/1992
of 27 November 2019
amending Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States by prolonging its period of application
(notified under document C(2019) 8571)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary checks applicable in intra-Union trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,
Having regard to Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease (3), and in particular Article 14(2), Article 19(1)(a) and(3)(a) and Article 19(4) and (6) thereof,
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (4), and in particular Article 4(3) thereof,
Whereas:
(1) |
Directive 92/119/EEC lays down general control measures to be applied in the event of an outbreak of certain animal diseases, including lumpy skin disease (LSD). These control measures include the establishment of protection and surveillance zones around the infected holding, and they also provide for emergency vaccination in the case of an outbreak of LSD in addition to other control measures. |
(2) |
Commission Implementing Decision (EU) 2016/2008 (5) lays down animal health control measures to be taken in relation to outbreaks of LSD in the Member States or parts thereof as listed in Annex I thereto, including the minimum requirements for vaccination programmes against LSD submitted by the Member States to the Commission for approval. Implementing Decision (EU) 2016/2008 defines ‘infected zones’ as the part of the territory of a Member State listed in Part II of Annex I thereto, which includes the area where LSD was confirmed and any protection and surveillance zones established in accordance with Directive 92/119/EEC, and where vaccination against LSD may be implemented following the approval of vaccination programmes. It also defines ‘free zones with vaccination’ as the part of the territory of a Member State listed in Part I of that Annex which includes the areas outside the infected zones, where preventive vaccination against LSD is implemented following the approval of vaccination programmes. |
(3) |
In August 2015, LSD was confirmed in Greece for the first time. In 2016, there were cases of LSD in Bulgaria and additional cases in Greece, as well as in a number of neighbouring third countries. In 2017, LSD was present to a lesser extent in South-East Europe, with a large scale recurrence in Albania, and few sporadic outbreaks in Greece and North Macedonia. |
(4) |
In response to those outbreaks of LSD, the affected Member States, namely Greece and Bulgaria, as well as the affected neighbouring third countries, implemented mass vaccination programmes of bovine animals and captive wild ruminants. In 2016 and 2017, Croatia, where LSD has not occurred to date, also implemented a mass vaccination programme against LSD, as a preventive measure, in view of the epidemiological situation in neighbouring Member States and third countries. Commission Implementing Decision (EU) 2016/2009 (6) approved the various vaccination programmes against LSD in the Member States. |
(5) |
In 2018 and to date in 2019, there has been a steady improvement of the LSD epidemiological situation and no case of LSD has been reported in any Member State or in any neighbouring third country in South-East Europe, excluding Turkey. During the same period, annual mass vaccination against LSD has continued in all the Member States and in neighbouring third countries in South-East Europe that had been affected by LSD. |
(6) |
In view of the favourable epidemiological situation, Croatia stopped preventive vaccination against LSD since the beginning of 2018, and replaced it with systematic disease surveillance. This surveillance confirmed the absence of LSD during 2018. As a result, Implementing Decision (EU) 2016/2008 was amended by Commission Implementing Decision (EU) 2019/81 (7), in order to delete that Member State from the list of Member States with ‘free zones with vaccination’ status in Annex I to Implementing Decision (EU) 2016/2008. In addition, Implementing Decision (EU) 2016/2009 was amended by Commission Implementing Decision 2019/82 (8), in order to delete Croatia from the list of Member States with an approved vaccination programme against LSD. |
(7) |
According to the rules of the World Organisation for Animal Health (OIE), where LSD vaccination is discontinued in a country or a zone thereof, it takes a minimum period of 8 months before LSD-free status may be regained, in the case of preventive vaccination, or a minimum period of 14 months, in the case of vaccination in response to an occurrence of LSD. Hence, the measures laid down in Implementing Decision (EU) 2016/2008 should remain in place for a minimum period of 8 months or 14 months, depending on the zone, before LSD-free status can be restored. |
(8) |
Implementing Decision (EU) 2016/2008 applies until 31 December 2019, and accordingly the current measures in relation to LSD in Greece and Bulgaria laid down in that act will no longer apply after that date. Given the current epidemiological situation and the minimum time required to regain LSD-free status, it is necessary to prolong the period of application of these measures for an appropriate period of time. |
(9) |
Regulation (EU) 2016/429 of the European Parliament and of the Council (9) established a new legislative framework as regards animal health in the Union. More particularly, it lays down rules for the prevention and control of certain listed diseases, including LSD. As that Regulation is to apply from 21 April 2021, the period of application of Implementing Decision (EU) 2016/2008 should be prolonged until 20 April 2021. |
(10) |
Implementing Decision (EU) 2016/2008 should therefore be amended accordingly. |
(11) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS DECISION:
Article 1
In Article 15 of Implementing Decision (EU) 2016/2008, the date ‘31 December 2019’ is replaced by the date ‘20 April 2021’.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 27 November 2019.
For the Commission
Vytenis ANDRIUKAITIS
Member of the Commission
(1) OJ L 395, 30.12.1989, p. 13.
(2) OJ L 224, 18.8.1990, p. 29.
(3) OJ L 62, 15.3.1993, p. 69.
(4) OJ L 18, 23.1.2003, p. 11.
(5) Commission Implementing Decision (EU) 2016/2008 of 15 November 2016 concerning animal health control measures relating to lumpy skin disease in certain Member States (OJ L 310, 17.11.2016, p. 51).
(6) Commission Implementing Decision (EU) 2016/2009 of 15 November 2016 approving the vaccination programmes against lumpy skin disease submitted by the Member States (OJ L 310, 17.11.2016, p. 66).
(7) Commission Implementing Decision (EU) 2019/81 of 17 January 2019 amending Annex I to Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States (OJ L 18, 21.1.2019, p. 43).
(8) Commission Implementing Decision (EU) 2019/82 of 17 January 2019 amending the Annex to Implementing Decision (EU) 2016/2009 approving the vaccination programmes against lumpy skin disease submitted by the Member States (OJ L 18, 21.1.2019, p. 48).
(9) 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) (OJ L 84, 31.3.2016, p. 1).
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/110 |
COMMISSION IMPLEMENTING DECISION (EU) 2019/1993
of 28 November 2019
on recognition of the ‘Trade Assurance Scheme for Combinable Crops’ for demonstrating compliance with the sustainability criteria under Directives 98/70/EC and 2009/28/EC of the European Parliament and of the Council
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (1), and in particular the second subparagraph of Article 7c(4) thereof,
Having regard to Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (2), and in particular the second subparagraph of Article 18(4) thereof,
Whereas:
(1) |
Articles 7b and 7c of, and Annex IV to, Directive 98/70/EC and Articles 17 and 18 of, and Annex V to, Directive 2009/28/EC lay down similar sustainability criteria for biofuels and bioliquids, and similar procedures for verifying that biofuels and bioliquids comply with those criteria. |
(2) |
Where biofuels and bioliquids are to be taken into account for the purposes referred to in Article 17(1)(a), (b) and (c) of Directive 2009/28/EC, Member States should require economic operators to show that biofuels and bioliquids comply with the sustainability criteria set out in Article 17(2) to (5) of that Directive. |
(3) |
The Commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of Article 17(2) of Directive 2009/28/EC, and/or demonstrate that consignments of biofuel or bioliquid comply with the sustainability criteria set out in Article 17(3), (4) and (5), and/or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under Annex IX. Where an economic operator provides proof or data obtained in accordance with a voluntary scheme that has been recognised by the Commission, to the extent covered by the recognition decision, a Member State should not require the supplier to provide further evidence of compliance with the sustainability criteria. |
(4) |
The request for recognition that the ‘Trade Assurance Scheme for Combinable Crops’ demonstrates that consignments of biofuel comply with the sustainability criteria set out in Directives 98/70/EC and 2009/28/EC was submitted to the Commission on 14 June 2019. The scheme that is based in Confederation House, East of England Showground, Peterborough, PE2 6XE, United Kingdom can cover combinable crops, such as cereals, oilseeds and sugar beet. This scheme covers the trading, transport and storage stages of agricultural feedstock from farm gate to first processor and, for the other stages, relies on other voluntary schemes recognised by the Commission. As such, it is the responsibility of the ‘Trade Assurance Scheme for Combinable Crops’ to ensure that the recognition issued by the Commission on those schemes with which it jointly operates remains valid during the length of cooperation. The recognised scheme should be made available at the transparency platform established under Directive 2009/28/EC. |
(5) |
In assessing the ‘Trade Assurance Scheme for Combinable Crops’, the Commission found that it covers adequately the sustainability criteria set out in Directives 98/70/EC and 2009/28/EC, except Article 7b(2) of Directive 98/70/EC and Article 17(2) of Directive 2009/28/EC. It does, however, provide accurate data on elements that are required by economic operators downstream the chain of custody to demonstrate compliance with Article 7b(2) of Directive 98/70/EC and Article 17(2) of Directive 2009/28/EC and applies a mass balance methodology in line with the requirements of Article 7c(1) of Directive 98/70/EC and Article 18(1) of Directive 2009/28/EC. |
(6) |
The assessment of the ‘Trade Assurance Scheme for Combinable Crops’ found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements set out in Annex IV to Directive 98/70/EC and in Annex V to Directive 2009/28/EC. |
(7) |
The measures provided for in this Decision are in accordance with the opinion of the Committee on the Sustainability of Biofuels and Bioliquids, |
HAS ADOPTED THIS DECISION:
Article 1
The ‘Trade Assurance Scheme for Combinable Crops’ (‘the scheme’), submitted for recognition to the Commission on 14 June 2019, demonstrates that consignments of biofuels and bioliquids produced in accordance with the standards for the production of biofuels and bioliquids set in the scheme comply with the sustainability criteria laid down in Article 7b(3), (4) and (5) of Directive 98/70/EC and Article 17(3), (4) and (5) of Directive 2009/28/EC.
The scheme also contains accurate data for the purposes of Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC in as far as it ensures that all relevant information from economic operators upstream the chain of custody is transferred to the economic operators downstream the chain of custody.
Article 2
In the event that the contents of the scheme, as submitted for recognition to the Commission on 14 June 2019, change in a way that might affect the basis of this Decision, such changes shall be notified to the Commission without delay. The Commission shall assess the notified changes with a view to establishing whether the scheme still adequately covers the sustainability criteria for which it is recognised.
Article 3
The Commission may repeal this Decision, inter alia, under the following circumstances:
(a) |
if it has been clearly demonstrated that the scheme has not implemented elements considered to be important for this Decision or if severe and structural breach of those elements has taken place; |
(b) |
if the scheme fails to submit annual reports to the Commission pursuant to Article 7c(6) of Directive 98/70/EC and Article 18(6) of Directive 2009/28/EC; |
(c) |
if the scheme fails to implement standards of independent auditing specified in implementing acts referred to in the third subparagraph of Article 7c(5) of Directive 98/70/EC and the third subparagraph of Article 18(5) of Directive 2009/28/EC or improvements to other elements of the scheme considered to be important for a continued recognition. |
Article 4
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply until 30 June 2021.
Done at Brussels, 28 November 2019.
For the Commission
The President
Jean-Claude JUNCKER
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/112 |
COMMISSION IMPLEMENTING DECISION (EU) 2019/1994
of 28 November 2019
amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States
(notified under document C(2019) 8745)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary checks applicable in intra-Union trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (3), and in particular Article 4(3) thereof,
Whereas:
(1) |
Commission Implementing Decision 2014/709/EU (4) lays down animal health control measures in relation to African swine fever in certain Member States, where there have been confirmed cases of that disease in domestic or feral pigs (the Member States concerned). The Annex to that Implementing Decision demarcates and lists certain areas of the Member States concerned in Parts I to IV thereof, differentiated by the level of risk based on the epidemiological situation as regards that disease. The Annex to Implementing Decision 2014/709/EU has been amended several times to take account of changes in the epidemiological situation in the Union as regards African swine fever that need to be reflected in that Annex. The Annex to Implementing Decision 2014/709/EU was last amended by Commission Implementing Decision (EU) 2019/1952 (5), following instances of African swine fever in feral pigs in Poland and in Bulgaria in close proximity to the boundary with Greece. |
(2) |
Since the date of adoption of Implementing Decision (EU) 2019/1952, more information has been received from Poland regarding the epidemiological situation in that Member State as regards African swine fever in feral pigs in Poland that should be reflected in the Annex to Implementing Decision 2014/709/EU. |
(3) |
In November 2019, several new cases of African swine fever in feral pigs were observed in the district of niżański in the south of Poland, near the border with Ukraine, in areas currently listed in Part I of the Annex to Implementing Decision 2014/709/EU. These cases of African swine fever in feral pigs constitute an increased level of risk which should be reflected in that Annex. Accordingly, these areas of Poland affected by African swine fever should be listed in Part II of the Annex to Implementing Decision 2014/709/EU instead of in Part I thereof. |
(4) |
In addition, in November 2019, one case of African swine fever was observed in a feral pig in the district of głogowski in the west of Poland in an area currently listed in Part II thereof of the Annex to Implementing Decision 2014/709/EU, located in close proximity to an area listed in Part I of the Annex thereto. This case of African swine fever in a feral pig constitutes an increased level of risk which should be reflected in that Annex. Accordingly, this area of Poland listed in Part I of the Annex to Implementing Decision 2014/709/EU that is in close proximity to an area listed in Part II affected by this recent case of African swine fever should now be listed in Part II of that Annex instead of in Part I thereof. |
(5) |
In order to take account of recent developments in the epidemiological evolution of African swine fever in the Union, and in order to combat the risks associated with the spread of that disease in a proactive manner, new high-risk areas of a sufficient size should be demarcated for Poland and duly listed in Parts I and II of the Annex to Implementing Decision 2014/709/EU. The Annex to Implementing Decision 2014/709/EU should therefore be amended accordingly. |
(6) |
Given the urgency of the epidemiological situation in the Union as regards the spread of African swine fever, it is important that the amendments made to the Annex to Implementing Decision 2014/709/EU by this Decision should take effect as soon as possible. |
(7) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Implementing Decision 2014/709/EU is replaced by the text set out in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 28 November 2019.
For the Commission
Vytenis ANDRIUKAITIS
Member of the Commission
(1) OJ L 395, 30.12.1989, p. 13.
(2) OJ L 224, 18.8.1990, p. 29.
(3) OJ L 18, 23.1.2003, p. 11.
(4) Commission Implementing Decision 2014/709/EU of 9 October 2014 concerning animal health control measures relating to African swine fever in certain Member States and repealing Implementing Decision 2014/178/EU (OJ L 295, 11.10.2014, p. 63).
(5) Commission Implementing Decision (EU) 2019/1952 of 25 November 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (OJ L 304, 26.11.2019, p. 23).
ANNEX
The Annex to Implementing Decision 2014/709/EU is replaced by the following:
‘ANNEX
PART I
1. Belgium
The following areas in Belgium:
in Luxembourg province:
|
2. Estonia
The following areas in Estonia:
— |
Hiiu maakond. |
3. Hungary
The following areas in Hungary:
— |
Békés megye 950150, 950250, 950350, 950450, 950550, 950650, 950660, 950750, 950850, 950860, 950950, 950960, 950970, 951050, 951150, 951250, 951260, 951350, 951450, 951460, 951550, 951650, 951750, 951950, 952050, 952250, 952350, 952450, 952550, 952650, 952750, 952850, 953270, 953350, 953450, 953510, 956250, 956350, 956450, 956550, 956650 és 956750 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Bács-Kiskun megye 601650, 601750, 601850, 601950, 602050, 603250, 603750 és 603850 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Budapest: 1 kódszámú, vadgazdálkodási tevékenységre nem alkalmas területe, |
— |
Csongrád megye 800150, 800160, 800250, 802220, 802260, 802310 és 802450 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Fejér megye 403150, 403160, 403260, 404250, 404550, 404560, 404650, 404750, 405450, 405550, 405650, 405750, 405850, 406450, 406550, 406650 és 407050 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Hajdú-Bihar megye 900750, 901250, 901260, 901270, 901350, 901551, 901560, 901570, 901580, 901590, 901650, 901660, 902450, 902550, 902650, 902660, 902670, 902750, 903650, 903750, 903850, 903950, 903960, 904050, 904060, 904150, 904250, 904350, 904950, 904960, 905050, 905060, 905070, 905080, 905150, 905250 és 905260 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Heves megye 702550, 703360, 704150, 704250, 704350, 704450, 704550, 704650, 704750, és 705350 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Jász-Nagykun-Szolnok megye 750150, 750160, 750250, 750260, 750350, 750450, 750460, 751250, 751260, 754450, 754550, 754560, 754570, 754650, 754750, 754950, 755050, 755150, 755250, 755350 és 755450 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Komárom-Esztergom megye 252460, 252850, 252860, 252950, 252960, 253050, 253150, 253250, 253350 és 253450 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Nógrád megye 552010, 552150, 552250, 552350, 552450, 552460, 552520, 552550, 552610, 552620, 552710, 552850, 552860, 552950, 552970, 553050, 553110, 553250, 553260, 553350, 553650, 553750, 553850, 553910és 554050 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Pest megye 570150, 570250, 570350, 570450, 570550, 570650, 570750, 570850, 571050, 571150, 571250, 571350, 571550, 571610, 571750, 571760, 572150, 572250, 572350, 572550, 572650, 572750, 572850, 572950, 573150, 573350, 573360, 573450, 573850, 574150, 574350, 574360, 574550, 574650, 574750, 574950, 575050,575150, 575250, 575350, 575950, 576050, 576150, 576250, 576350, 576450, 576950, 577050, 577150, 577250, 577350, 577450, 577950, 578850, 578950, 579250, 579550, 579650, 579750, 580050 és 580450 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Szabolcs-Szatmár-Bereg megye 851950, 852350, 852450, 852550, 852750, 853560, 853650, 853751, 853850, 853950, 853960, 854050, 854150, 854250, 854350, 855350, 855450, 855550, 855650, 855660 és 855850 kódszámú vadgazdálkodási egységeinek teljes területe. |
4. Latvia
The following areas in Latvia:
— |
Alsungas novads, |
— |
Kuldīgas novada Gudenieku pagasts, |
— |
Pāvilostas novads, |
— |
Stopiņu novada daļa, kas atrodas uz rietumiem no autoceļa V36, P4 un P5, Acones ielas, Dauguļupes ielas un Dauguļupītes, |
— |
Ventspils novada Jūrkalnes pagasts, |
— |
Grobiņas novads, |
— |
Rucavas novada Dunikas pagasts. |
5. Lithuania
The following areas in Lithuania:
— |
Klaipėdos rajono savivaldybės: Agluonėnų, Priekulės, Veiviržėnų, Judrėnų, Endriejavo ir Vėžaičių seniūnijos, |
— |
Plungės rajono savivaldybės: Alsėdžių, Babrungo, Kulių, Nausodžio, Paukštakių, Platelių, Plungės miesto, Šateikių ir Žemaičių Kalvarijos seniūnijos, |
— |
Skuodo rajono savivaldybė, |
6. Poland
The following areas in Poland:
w województwie warmińsko-mazurskim:
|
w województwie podlaskim:
|
w województwie mazowieckim:
|
w województwie lubelskim:
|
w województwie podkarpackim:
|
w województwie świętokrzyskim:
|
w województwie łódzkim:
|
w województwie pomorskim:
|
w województwie lubuskim:
|
w województwie dolnośląskim:
|
w województwie wielkopolskim:
|
7. Romania
The following areas in Romania:
— |
Județul Suceava. |
8. Slovakia
The following areas in Slovakia:
— |
the whole district of Vranov nad Topľou, |
— |
the whole district of Humenné, |
— |
the whole district of Snina, |
— |
the whole district of Sobrance, |
— |
the whole district of Košice-mesto, |
— |
in the district of Michalovce, the whole municipalities of Tušice, Moravany, Pozdišovce, Michalovce, Zalužice, Lúčky, Závadka, Hnojné, Poruba pod Vihorlatom, Jovsa, Kusín, Klokočov, Kaluža, Vinné, Trnava pri Laborci, Oreské, Staré, Zbudza, Petrovce nad Laborcom, Lesné, Suché, Rakovec nad Ondavou, Nacina Ves, Voľa, Pusté Čemerné and Strážske, |
— |
in the district of Košice - okolie, the whole municipalities not included in Part II. |
9. Greece
The following areas in Greece:
— |
in the regional unit of Drama:
|
— |
in the regional unit of Xanthi:
|
— |
in the regional unit of Rodopi:
|
— |
in the regional unit of Evros:
|
— |
in the regional unit of Serres:
|
PART II
1. Belgium
The following areas in Belgium:
in Luxembourg province:
|
2. Bulgaria
The following areas in Bulgaria:
— |
the whole region of Haskovo, |
— |
the whole region of Yambol, |
— |
the whole region of Sliven, |
— |
the whole region of Stara Zagora, |
— |
the whole region of Gabrovo, |
— |
the whole region of Pernik, |
— |
the whole region of Kyustendil, |
— |
the whole region of Dobrich, |
— |
the whole region of Plovdiv, |
— |
the whole region of Pazardzhik, |
— |
the whole region of Smolyan, |
— |
the whole region of Burgas excluding the areas in Part III, |
— |
the whole region of Veliko Tarnovo excluding the areas in Part III, |
— |
the whole region of Shumen excluding the areas in Part III, |
— |
the whole region of Varna excluding the areas in Part III. |
3. Estonia
The following areas in Estonia:
— |
Eesti Vabariik (välja arvatud Hiiu maakond). |
4. Hungary
The following areas in Hungary:
— |
Borsod-Abaúj-Zemplén megye 650100, 650200, 650300, 650400, 650500, 650600, 650700, 650800, 650900, 651000, 651100, 651200, 651300, 651400, 651500, 651610, 651700, 651801, 651802, 651803, 651900, 652000, 652100, 652200, 652300, 652601, 652602, 652603, 652700, 652900, 653000, 653100,653200, 653300, 653401, 653403, 653500, 653600, 653700, 653800, 653900, 654000, 654201, 654202, 654301, 654302, 654400, 654501, 654502, 654600, 654700, 654800, 654900, 655000, 655100, 655200, 655300, 655400, 655500, 655600, 655700, 655800, 655901, 655902, 656000, 656100, 656200, 656300, 656400, 656600, 656701, 656702, 656800, 656900, 657010, 657100, 657300, 657400, 657500, 657600, 657700, 657800, 657900, 658000, 658100, 658201, 658202, 658310, 658401, 658402, 658403, 658404, 658500, 658600, 658700, 658801, 658802, 658901, 658902, 659000, 659100, 659210, 659220, 659300, 659400, 659500, 659601, 659602, 659701, 659800, 659901, 660000, 660100, 660200, 660400, 660501, 660502, 660600 és 660800, valamint 652400, 652500 és 652800 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Hajdú-Bihar megye 900150, 900250, 900350, 900450, 900550, 900650, 900660, 900670, 901850, 900850, 900860, 900930, 900950, 901050, 901150, 901450, 901750, 901950, 902050, 902150, 902250, 902350, 902850, 902860, 902950, 902960, 903050, 903150, 903250, 903350, 903360, 903370, 903450, 903550, 904450, 904460, 904550 és 904650, 904750, 904760, 904850, 904860, 905350, 905360, 905450 és 905550 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Heves megye 700150, 700250, 700260, 700350, 700450, 700460, 700550, 700650, 700750, 700850, 700860, 700950, 701050, 701111, 701150, 701250, 701350, 701550, 701560, 701650, 701750, 701850, 701950, 702050, 702150, 702250, 702260, 702350, 702450, 702750, 702850, 702950, 703050, 703150, 703250, 703350, 703370, 703450, 703550, 703610, 703750, 703850, 703950, 704050, 704850, 704950, 705050, 705150,705250, 705450,705510 és 705610 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Jász-Nagykun-Szolnok megye 750550, 750650, 750750, 750850, 750970, 750980, 751050, 751150, 751160, 751350, 751360, 751450, 751460, 751470, 751550, 751650, 751750, 7151850, 751950, 752150, 752250, 752350, 752450, 752460, 752550, 752560, 752650, 752750, 752850, 752950, 753060, 753070, 753150, 753250, 753310, 753450, 753550, 753650, 753660, 753750, 753850, 753950, 753960, 754050, 754150, 754250, 754360, 754370, 754850, 755550, 755650 és 755750 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Nógrád megye 550110, 550120, 550130, 550210, 550310, 550320, 550450, 550460, 550510, 550610, 550710, 550810, 550950, 551010, 551150, 551160, 551250, 551350, 551360, 551450, 551460, 551550, 551650, 551710, 551810, 551821,552360 és 552960 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Pest megye 570950, 571850, 571950, 572050, 573550, 573650, 574250 és 580150 kódszámú vadgazdálkodási egységeinek teljes területe, |
— |
Szabolcs-Szatmár-Bereg megye 850950, 851050, 851150, 851250, 851350, 851450, 851550, 851560, 851650, 851660, 851751, 851752, 852850, 852860, 852950, 852960, 853050, 853150, 853160, 853250, 853260, 853350, 853360, 853450, 853550, 854450, 854550, 854560, 854650, 854660, 854750, 854850, 854860, 854870, 854950, 855050, 855150, 855250, 855460, 855750, 855950, 855960, 856051, 856150, 856250, 856260, 856350, 856360, 856450, 856550, 856650, 856750, 856760, 856850, 856950, 857050, 857150, 857350, 857450, 857650, valamint 850150, 850250, 850260, 850350, 850450, 850550, 852050, 852150, 852250, 857550, 850650, 850850, 851851 és 851852 kódszámú vadgazdálkodási egységeinek teljes területe. |
5. Latvia
The following areas in Latvia:
— |
Ādažu novads, |
— |
Aizputes novads, |
— |
Aglonas novads, |
— |
Aizkraukles novads, |
— |
Aknīstes novads, |
— |
Alojas novads, |
— |
Alūksnes novads, |
— |
Amatas novads, |
— |
Apes novads, |
— |
Auces novads, |
— |
Babītes novads, |
— |
Baldones novads, |
— |
Baltinavas novads, |
— |
Balvu novads, |
— |
Bauskas novads, |
— |
Beverīnas novads, |
— |
Brocēnu novads, |
— |
Burtnieku novads, |
— |
Carnikavas novads, |
— |
Cēsu novads, |
— |
Cesvaines novads, |
— |
Ciblas novads, |
— |
Dagdas novads, |
— |
Daugavpils novads, |
— |
Dobeles novads, |
— |
Dundagas novads, |
— |
Durbes novads, |
— |
Engures novads, |
— |
Ērgļu novads, |
— |
Garkalnes novads, |
— |
Gulbenes novads, |
— |
Iecavas novads, |
— |
Ikšķiles novads, |
— |
Ilūkstes novads, |
— |
Inčukalna novads, |
— |
Jaunjelgavas novads, |
— |
Jaunpiebalgas novads, |
— |
Jaunpils novads, |
— |
Jēkabpils novads, |
— |
Jelgavas novads, |
— |
Kandavas novads, |
— |
Kārsavas novads, |
— |
Ķeguma novads, |
— |
Ķekavas novads, |
— |
Kocēnu novads, |
— |
Kokneses novads, |
— |
Krāslavas novads, |
— |
Krimuldas novads, |
— |
Krustpils novads, |
— |
Kuldīgas novada Ēdoles, Īvandes, Padures, Rendas, Kabiles, Rumbas, Kurmāles, Pelču, Snēpeles, Turlavas, Laidu un Vārmes pagasts, Kuldīgas pilsēta, |
— |
Lielvārdes novads, |
— |
Līgatnes novads, |
— |
Limbažu novads, |
— |
Līvānu novads, |
— |
Lubānas novads, |
— |
Ludzas novads, |
— |
Madonas novads, |
— |
Mālpils novads, |
— |
Mārupes novads, |
— |
Mazsalacas novads, |
— |
Mērsraga novads, |
— |
Naukšēnu novads, |
— |
Neretas novads, |
— |
Ogres novads, |
— |
Olaines novads, |
— |
Ozolnieku novads, |
— |
Pārgaujas novads, |
— |
Pļaviņu novads, |
— |
Preiļu novads, |
— |
Priekules novads, |
— |
Priekuļu novads, |
— |
Raunas novads, |
— |
republikas pilsēta Daugavpils, |
— |
republikas pilsēta Jelgava, |
— |
republikas pilsēta Jēkabpils, |
— |
republikas pilsēta Jūrmala, |
— |
republikas pilsēta Rēzekne, |
— |
republikas pilsēta Valmiera, |
— |
Rēzeknes novads, |
— |
Riebiņu novads, |
— |
Rojas novads, |
— |
Ropažu novads, |
— |
Rugāju novads, |
— |
Rundāles novads, |
— |
Rūjienas novads, |
— |
Salacgrīvas novads, |
— |
Salas novads, |
— |
Salaspils novads, |
— |
Saldus novads, |
— |
Saulkrastu novads, |
— |
Sējas novads, |
— |
Siguldas novads, |
— |
Skrīveru novads, |
— |
Skrundas novads, |
— |
Smiltenes novads, |
— |
Stopiņu novada daļa, kas atrodas uz austrumiem no autoceļa V36, P4 un P5, Acones ielas, Dauguļupes ielas un Dauguļupītes, |
— |
Strenču novads, |
— |
Talsu novads, |
— |
Tērvetes novads, |
— |
Tukuma novads, |
— |
Vaiņodes novads, |
— |
Valkas novads, |
— |
Varakļānu novads, |
— |
Vārkavas novads, |
— |
Vecpiebalgas novads, |
— |
Vecumnieku novads, |
— |
Ventspils novada Ances, Tārgales, Popes, Vārves, Užavas, Piltenes, Puzes, Ziru, Ugāles, Usmas un Zlēku pagasts, Piltenes pilsēta, |
— |
Viesītes novads, |
— |
Viļakas novads, |
— |
Viļānu novads, |
— |
Zilupes novads. |
6. Lithuania
The following areas in Lithuania:
— |
Alytaus miesto savivaldybė, |
— |
Alytaus rajono savivaldybė: Alytaus, Alovės, Butrimonių, Daugų, Nemunaičio, Pivašiūnų, Punios, Raitininkų seniūnijos, |
— |
Anykščių rajono savivaldybė, |
— |
Akmenės rajono savivaldybė, |
— |
Biržų miesto savivaldybė, |
— |
Biržų rajono savivaldybė, |
— |
Druskininkų savivaldybė, |
— |
Elektrėnų savivaldybė, |
— |
Ignalinos rajono savivaldybė, |
— |
Jonavos rajono savivaldybė, |
— |
Joniškio rajono savivaldybė, |
— |
Jurbarko rajono savivaldybė, |
— |
Kaišiadorių rajono savivaldybė, |
— |
Kalvarijos savivaldybė, |
— |
Kauno miesto savivaldybė, |
— |
Kauno rajono savivaldybė: Domeikavos, Garliavos, Garliavos apylinkių, Karmėlavos, Lapių, Linksmakalnio, Neveronių, Rokų, Samylų, Taurakiemio, Vandžiogalos ir Vilkijos seniūnijos, Babtų seniūnijos dalis į rytus nuo kelio A1, Užliedžių seniūnijos dalis į rytus nuo kelio A1 ir Vilkijos apylinkių seniūnijos dalis į vakarus nuo kelio Nr. 1907, |
— |
Kelmės rajono savivaldybė, |
— |
Kėdainių rajono savivaldybė, |
— |
Kupiškio rajono savivaldybė, |
— |
Lazdijų rajono savivaldybė, |
— |
Marijampolės savivaldybė: Degučių, Marijampolės, Mokolų, Liudvinavo ir Narto seniūnijos, |
— |
Mažeikių rajono savivaldybė, |
— |
Molėtų rajono savivaldybė, |
— |
Pagėgių savivaldybė, |
— |
Pakruojo rajono savivaldybė, |
— |
Panevėžio rajono savivaldybė, |
— |
Panevėžio miesto savivaldybė, |
— |
Pasvalio rajono savivaldybė, |
— |
Radviliškio rajono savivaldybė, |
— |
Rietavo savivaldybė, |
— |
Prienų rajono savivaldybė: Stakliškių ir Veiverių seniūnijos, |
— |
Plungės rajono savivaldybė: Žlibinų ir Stalgėnų seniūnijos, |
— |
Raseinių rajono savivaldybė, |
— |
Rokiškio rajono savivaldybė, |
— |
Šakių rajono savivaldybė, |
— |
Šalčininkų rajono savivaldybė, |
— |
Šiaulių miesto savivaldybė, |
— |
Šiaulių rajono savivaldybė, |
— |
Šilutės rajono savivaldybė, |
— |
Širvintų rajono savivaldybė, |
— |
Šilalės rajono savivaldybė, |
— |
Švenčionių rajono savivaldybė, |
— |
Tauragės rajono savivaldybė, |
— |
Telšių rajono savivaldybė, |
— |
Trakų rajono savivaldybė, |
— |
Ukmergės rajono savivaldybė, |
— |
Utenos rajono savivaldybė, |
— |
Varėnos rajono savivaldybė, |
— |
Vilniaus miesto savivaldybė, |
— |
Vilniaus rajono savivaldybė, |
— |
Vilkaviškio rajono savivaldybė: Bartninkų, Gražiškių, Keturvalakių, Kybartų, Klausučių, Pajevonio, Šeimenos, Vilkaviškio miesto, Virbalio, Vištyčio seniūnijos, |
— |
Visagino savivaldybė, |
— |
Zarasų rajono savivaldybė. |
7. Poland
The following areas in Poland:
w województwie warmińsko-mazurskim:
|
w województwie podlaskim:
|
w województwie mazowieckim:
|
w województwie lubelskim:
|
w województwie podkarpackim:
|
w województwie pomorskim:
|
w województwie świętokrzyskim:
|
w województwie lubuskim:
|
w województwie dolnośląskim:
|
8. Slovakia
The following areas in Slovakia:
— |
in the district of Košice – okolie, the whole municipalities of Ďurkov, Kalša, Košický Klečenov, Nový Salaš, Rákoš, Ruskov, Skároš, Slančík, Slanec, Slanská Huta, Slanské Nové Mesto, Svinica and Trstené pri Hornáde. |
9. Romania
The following areas in Romania:
— |
Judeţul Bistrița-Năsăud. |
PART III
1. Bulgaria
The following areas in Bulgaria:
— |
the whole region of Kardzhali, |
— |
the whole region of Blagoevgrad, |
— |
the whole region of Montana, |
— |
the whole region of Ruse, |
— |
the whole region of Razgrad, |
— |
the whole region of Silistra, |
— |
the whole region of Pleven, |
— |
the whole region of Vratza, |
— |
the whole region of Vidin, |
— |
the whole region of Targovishte, |
— |
the whole region of Lovech, |
— |
the whole region of Sofia city, |
— |
the whole region of Sofia Province, |
— |
in the region of Shumen:
|
— |
in the region of Varna:
|
— |
in the region of Veliko Tarnovo:
|
— |
in Burgas region:
|
2. Lithuania
The following areas in Lithuania:
— |
Alytaus rajono savivaldybė: Simno, Krokialaukio ir Miroslavo seniūnijos, |
— |
Birštono savivaldybė, |
— |
Kauno rajono savivaldybė: Akademijos, Alšėnų, Batniavos, Čekiškės, Ežerėlio, Kačerginės, Kulautuvos, Raudondvario, Ringaudų ir Zapyškio seniūnijos, Babtų seniūnijos dalis į vakarus nuo kelio A1, Užliedžių seniūnijos dalis į vakarus nuo kelio A1 ir Vilkijos apylinkių seniūnijos dalis į rytus nuo kelio Nr. 1907, |
— |
Kazlų Rudos savivaldybė, |
— |
Marijampolės savivaldybė: Gudelių, Igliaukos, Sasnavos ir Šunskų seniūnijos, |
— |
Prienų rajono savivaldybė: Ašmintos, Balbieriškio, Išlaužo, Jiezno, Naujosios Ūtos, Pakuonio, Prienų ir Šilavotos seniūnijos, |
— |
Vilkaviškio rajono savivaldybės: Gižų ir Pilviškių seniūnijos. |
3. Poland
The following areas in Poland:
w województwie warmińsko-mazurskim:
|
w województwie podlaskim:
|
w województwie mazowieckim:
|
w województwie lubelskim:
|
w województwie podkarpackim:
|
4. Romania
The following areas in Romania:
— |
Zona orașului București, |
— |
Județul Constanța, |
— |
Județul Satu Mare, |
— |
Județul Tulcea, |
— |
Județul Bacău, |
— |
Județul Bihor, |
— |
Județul Brăila, |
— |
Județul Buzău, |
— |
Județul Călărași, |
— |
Județul Dâmbovița, |
— |
Județul Galați, |
— |
Județul Giurgiu, |
— |
Județul Ialomița, |
— |
Județul Ilfov, |
— |
Județul Prahova, |
— |
Județul Sălaj, |
— |
Județul Vaslui, |
— |
Județul Vrancea, |
— |
Județul Teleorman, |
— |
Judeţul Mehedinţi, |
— |
Județul Gorj, |
— |
Județul Argeș, |
— |
Judeţul Olt, |
— |
Judeţul Dolj, |
— |
Județul Arad, |
— |
Județul Timiș, |
— |
Județul Covasna, |
— |
Județul Brașov, |
— |
Județul Botoșani, |
— |
Județul Vâlcea, |
— |
Județul Iași, |
— |
Județul Hunedoara, |
— |
Județul Alba, |
— |
Județul Sibiu, |
— |
Județul Caraș-Severin, |
— |
Județul Neamț, |
— |
Județul Harghita, |
— |
Județul Mureș, |
— |
Județul Cluj, |
— |
Judeţului Maramureş. |
5. Slovakia
The following areas in Slovakia:
— |
the whole district of Trebisov, |
— |
in the district of Michalovce, the whole municipalities of the district not already included in Part I. |
PART IV
Italy
The following areas in Italy:
— |
tutto il territorio della Sardegna. |
Corrigenda
29.11.2019 |
EN |
Official Journal of the European Union |
L 308/134 |
Corrigendum to EFTA Surveillance Authority Delegated Decision No 42/19/COL of 17 June 2019 to exempt the operation of public bus transport services in Norway from the application of Directive 2014/25/EU of the European Parliament and of the Council [2019/…]
(Official Journal of the European Union L 259 of 10 October 2019)
On the cover and on page 75:
for:
‘EFTA Surveillance Authority Delegated Decision No 42/19/COL of 17 June 2019 to exempt the operation of public bus transport services in Norway from the application of Directive 2014/25/EU of the European Parliament and of the Council [2019/…]’,
read:
‘EFTA Surveillance Authority Delegated Decision No 42/19/COL of 17 June 2019 to exempt the operation of public bus transport services in Norway from the application of Directive 2014/25/EU of the European Parliament and of the Council [2019/1699]’.