(1)

Commission Decision 2007/777/EC (3) lays down, inter alia, the animal and public health rules for imports into the Union, and the transit and storage in the Union, of consignments of certain meat products and of treated stomachs, bladders and intestines which have undergone one of the treatments set out in Part 4 of Annex II thereto (‘the commodities’). In addition, Part 3 of Annex II to Decision 2007/777/EC sets out a list of third countries or parts thereof which are authorised for imports into the Union of biltong/jerky and pasteurised meat products, provided that they have undergone one of the treatments referred to in Part 4 of that Annex.

(2)

Commission Regulation (EU) No 206/2010 (4) lays down, inter alia, the veterinary certification requirements for the introduction into the Union of consignments of fresh meat of ungulates. Part 1 of Annex II to that Regulation establishes a list of third countries, territories or parts thereof from which such consignments may be imported into the Union, as well as the specific conditions for the introduction of those consignments from certain third countries.

(3)

Certain parts of South Africa are listed in Parts 1 and 3 of Annex II to Decision 2007/777/EC as authorised for imports into the Union of the commodities and of biltong respectively.

(4)

Certain parts of South Africa are also listed in Part 1 of Annex II to Regulation (EU) No 206/2010 as authorised for imports into the Union of consignments of fresh meat of certain domestic and wild ungulates, other than equine animals. However, imports of fresh meat from those species are suspended since 2011 due to the foot-and-mouth situation in the zone.

(5)

Decision 2007/777/EC and Regulation (EU) No 206/2010 recognise regionalisation of third countries. The description of part of the territory of South Africa, by the code ‘ZA-1’, as amended by the South African authorities following an outbreak of foot-and-mouth disease in 2011, which is referred to in those two acts, is no longer accurate.

(6)

The Annex to Commission Decision 2011/163/EU (5) sets out a list of third countries whose plans for the monitoring of groups of residues and substances in animals and animal products intended for human consumption have been approved by the Commission. Imports into the Union from South Africa of meat products from all species of animals, with the exception of wild game meat products, are not permitted under that Decision, as South Africa does not have an approved plan.

(7)

In February 2017, a Commission audit was carried out in South Africa in order to evaluate the animal health control system in place in that third country, in particular as regards the controls concerning foot-and-mouth disease (‘the 2017 Commission audit’). The Commission found that, although the control system governing the production of commodities covered by the audit could, in principle, provide adequate guarantees that they are produced in accordance with relevant Union requirements, its effectiveness is weakened by the problems noted in its implementation, in particular concerning the performance of the official controls and staffing difficulties. Also, certification rules and principles offer, overall, guarantees equivalent to those laid down in Union law, but the shortcomings observed in their implementation compromise their reliability and the guarantees concerning some of the statements signed in the certificates for import into the Union.

(8)

As imports of fresh meat and meat products of ungulates from South Africa are not permitted under Decision 2011/163/EU, and taking into account the findings of the 2017 Commission audit, and in particular the lack of guarantees about the official controls for foot-and-mouth disease, and to maintain clarity and consistency of Union legislation, the entry ‘ZA-1’ covering part of the territory of South Africa should be deleted from the entry of South Africa in Parts 1 and 3 of Annex II to Decision 2007/777/EC and from the list of third countries authorised for import of fresh meat of ungulates in Part 1 of Annex II to Regulation (EU) No 206/2010.

(9)

Following United Nations (UN) facilitation, Athens and Skopje reached a bilateral agreement (‘Prespa agreement’) in June 2018, to change the UN provisional reference for the former Yugoslav Republic of Macedonia. This agreement has now been ratified by both countries and the Republic of North Macedonia has formally notified the EU about its entry into force.

(10)

Annex II to Decision 2007/777/EC and Annex II to Regulation (EU) No 206/2010 should therefore be amended accordingly.

(11)

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

(1)

Pursuant to Article 54(2) and (3) of Directive (EU) 2016/797, vehicles authorised for placing in service prior to 15 June 2016 are to receive a new authorization for placing on the market in accordance with Article 21 of that Directive before they can be operated on one or more networks which are not already covered by their initial authorisation. Such vehicles are thus required either to conform to the technical specifications for interoperability (TSIs) in force or be entitled not to apply those TSIs pursuant to Article 7(1) of that Directive. At the same time, one of the objectives of Directive (EU) 2016/797 is the streamlining and harmonisation of authorisation procedures at Union level to facilitate the free movement of vehicles. To this end, clause 7.6.1 of the Annex to Commission Regulation (EU) No 321/2013 (2) and clause 7.5.2.3 of the Annex to Commission Regulation (EU) No 1302/2014 (3) call for the development of flexibility provisions with regards to compliance with the TSI requirements. Those provisions are to set out which level of flexibility could be granted in case of extension of the area of use of vehicles placed in service before 15 June 2016, while fulfilling the essential requirements, maintaining the appropriate safety level, and where reasonably practicable, improving it. Those Regulations should therefore be amended accordingly. The provision related to ‘extension of area of use’ also covers the case of vehicles needing modifications to ensure technical compatibility with the new network(s); in such case, the unchanged parts of the vehicle remain validated under the previous authorisation. Restrictions and limitations of previous authorisation continue to apply. For the same reasons, such clarification should also be provided for Commission Regulation (EU) 2016/919 (4).

(2)

There are divergent approaches amongst notified bodies and authorising entities in the rail sector with regards to the application of the different transitional provisions set out in clauses 7.1.1.2 to 7.1.1.8 and clause 7.1.3.1 of the Annex to Regulation (EU) No 1302/2014. Similarly, there are divergent approaches in the rail sector with regards to the validity period of EC type or design examination certificates in case of changes to an existing rolling stock type, as set out in clause 7.2.2.2 of the Annex to Regulation (EU) No 321/2013 and clause 7.1.2.2 of the Annex to Regulation (EU) No 1302/2014. In addition to this, further harmonisation reducing the divergences from the target system are essential to reduce the cost of railways and ensure their interoperability and competitiveness. The provisions listed above should thus be amended to avoid divergent application of those transition provisions and validity periods of certificates, while future transition periods should focus on specific requirements with high impact on ongoing projects instead of providing generic exemptions, in a way that will lead to timely reduction of the divergences from the target system while providing the predictability and legal certainty necessary to the sector. This should be achieved in the framework of the Digital rail and Green freight TSI revision package (2022 revision) for which the Commission sent a request to the European Union Agency for Railways on 24 January 2020.

(3)

Furthermore, Member States and the sector have identified some technical and editorial errors in some of these regulations, and the Slovak Republic has identified that the general specific case set out in section 7.3.2.1 of the Annex to Commission Regulations (EU) No 321/2013 (WAG TSI) should also apply to its 1 520 mm track gauge network. These errors should be corrected.

(4)

Under Decision (EU) 2017/1474, TSIs should indicate whether it is necessary to re-notify the conformity assessment bodies that were notified on the basis of a previous version of the TSI and whether a simplified notification process should be applied. This Regulation brings about limited changes and it should not be necessary to re-notify bodies notified on the basis of a previous version of the TSIs.

(5)

This Regulation amends TSIs so as to further achieve interoperability within the Union rail system, improve and develop international rail transport, contribute to the progressive creation of the internal market and complement TSIs in view of covering essential requirements. It enables to achieve the objectives and to meet the essential requirements of Directive 2008/57/EC of the European Parliament and of the Council (5) and Directive (EU) 2016/797. Therefore this Regulation should be directly applicable in all Member States including Member States which have notified the Agency and the Commission under Article 57(2) of Directive (EU) 2016/797 that they have extended the transposition period and thus continue to apply Directive 2008/57/EC until 15 June 2020 at the latest. Notified Bodies exercising under Directive 2008/57/EC in the Member States that have extended the transposition period should be able to issue ‘EC’ certificate in accordance with this Regulation as long as Directive 2008/57/EC applies in the Member State where they are established.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 51(1) of Directive (EU) 2016/797,

(1)

in Article 3, point (d) is added as follows:

(2)

the Annex is amended in accordance with Annex I to this Regulation.

(1)

in Article 3, paragraph 2 is replaced as follows:

(2)

in the second subparagraph of Article 11(1), the introductory phrase is replaced by the following:

‘They shall however continue to apply, without prejudice to clauses 7.1.1.4 to 7.1.1.8 of the Annex, to:’;

(3)

the Annex is amended in accordance with Annex II to this Regulation.

(1)

in Article 2, paragraph 2 is replaced as follows:

(2)

the Annex is amended in accordance with Annex III to this Regulation.

(1)

Article 3 of Directive 90/428/EEC provides that the rules of competition may not discriminate equidae registered or originating in the Member State in which the competition is being held and equidae registered or originating in another Member State.

(2)

Article 4(2) of Directive 90/428/EEC provides for two derogations from the obligations of non-discrimination set out in Article 3 of that Directive. The first exempts certain types of competitions and events, the second allows Member States to reserve a certain percentage of the prize money and profits accruing from the competition for the safeguard, development and improvement of breeding. Where a Member State intends to use the first derogation, it must inform beforehand the Member States and the public of its intention and of the justification for using that derogation. Where a Member State intends to use the second derogation, it must make the criteria for the distribution of those funds available to the other Member States and the public.

(3)

Commission Decision 2009/712/EC (2) contains model forms for providing the information required to use the derogations provided for in Article 4(2) of Directive 90/428/EEC. This Decision is repealed from 21 April 2021 by Commission Delegated Regulation (EU) 2019/2035 (3). Practice has shown that the information provided by Member States is frequently outdated and, in many cases, language constraints prevent authorities and the public in other Member States from accessing its content. The lack of transparency in applying the derogations has caused complaints of affected individuals and entire segments of the equestrian community. In order to ensure that Member States and the public are informed correctly and timely of the use of the derogations provided for in Article 4(2) of Directive 90/428/EEC, it is necessary to provide for revised models of the internet-based information pages and to require that Member States update the information provided pursuant to Article 4(2) of Directive 90/428/EEC at minimum intervals.

(4)

For the sake of clarity, legal certainty and simplification, it is necessary to delete the models of the internet-based information pages set out in Sections II and III of Chapter 2 of Annex II to Decision 2009/712/EC.

(5)

Chapter 2 of Annex I to Decision 2009/712/EC lists Council Directives 77/504/EEC (4) (replaced by Council Directive 2009/157/EC (5)), 88/661/EEC (6), 89/361/EEC (7) and 90/427/EEC (8), as well as Directive 90/428/EEC. Directives 2009/157/EC, 88/661/EEC, 89/361/EEC and 90/427/EEC have been repealed by Regulation (EU) 2016/1012 of the European Parliament and of the Council (9) on 1 November 2018. For the sake of clarity, legal certainty and simplification, references to those Directives should be deleted. Since this Decision establishes new models for the internet-based information pages concerning the use of the derogations provided for in Article 4(2) of Decision 2009/712/EC, the reference to Directive 90/428/EEC should also be deleted. Chapter 2 of Annex I should therefore be deleted.

(6)

Regulation (EU) 2016/1012 provides that Member States are to draw up and keep up-to-date a list of breed societies and breeding operations that their competent authorities have recognised in accordance with Article 4(3) of that Regulation and which implement at least one breeding programme approved in accordance with Article 8(3) of that Regulation. Moreover, Regulation (EU) 2016/1012 provides that Member States are to make that list available to the public.

(7)

Commission Implementing Regulation (EU) 2017/716 (10) lays down the model forms for the presentation of the information to be included in the lists of recognised breed societies and breeding operations provided for in Article 7 of Regulation (EU) 2016/1012. Since Implementing Regulation (EU) 2017/716 applies from 1 November 2018, the model forms set out in that Regulation are to be used instead of those set out in Section I of Chapter 2 of Annex II to Decision 2009/712/EC.

(8)

Chapter 2 of Annex II to Decision 2009/712/EC should be deleted as the models set out in Sections I, II and III thereof are replaced by the model forms set out in Implementing Regulation (EU) 2017/716 and in this Decision respectively.

(9)

Decision 2009/712/EC refers to zootechnical legislation in its title and to establishments in the zootechnical field in Article 1(1)(b). Since such references are obsolete following the entry into force of Regulations (EU) 2016/1012 and (EU) No 2017/716, the words ‘and zootechnical’ in the title of Decision 2009/712/EC and point (b) of Article 1(1) of that Decision should be deleted.

(10)

Decision 2009/712/EC should therefore be amended accordingly.

(11)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Zootechnics,

(1)

in the title of that act, the words ‘and zootechnical’ are deleted;

(2)

in Article 1(1), point (b) is deleted;

(3)

in Annex I, Chapter 2 is deleted;

(4)

in Annex II, Chapter 2 is deleted.