ISSN 1977-0677 |
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Official Journal of the European Union |
L 289 |
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English edition |
Legislation |
Volume 64 |
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(1) Text with EEA relevance. |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
12.8.2021 |
EN |
Official Journal of the European Union |
L 289/1 |
COMMISSION DELEGATED REGULATION (EU) 2021/1334
of 27 May 2021
amending Regulation (EU) 2019/787 of the European Parliament and of the Council as regards allusions to legal names of spirit drinks or geographical indications for spirit drinks in the description, presentation and labelling of other spirit drinks
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (1), and in particular Article 50(3) thereof,
Whereas:
(1) |
Article 12(4) of Regulation (EU) 2019/787 lays down rules on how to display allusions to the legal name of spirit drink categories or geographical indications for spirit drinks in the presentation and labelling of alcoholic beverages. |
(2) |
Article 12(4) of Regulation (EU) 2019/787 does not require that the name of the resulting alcoholic beverage is displayed in the same visual field as the allusion. Where the name of the alcoholic beverage appears in a different visual field than the allusion, consumers may be however induced to believe that the allusion is part of the name of the alcoholic beverage, notably in the cases where the resulting alcoholic beverage is a spirit drink. |
(3) |
Moreover, in certain cases, such allusion may unduly abuse the reputation of spirit drink categories or geographical indications, which, when combined with other foodstuffs that are not required or allowed in their production, lose their nature and may no longer be labelled as such. Displaying those names in a prominent way in the presentation and labelling of the spirit drink which makes allusion to them, may thus effectively result in misappropriation of their reputation. |
(4) |
Article 7(1), point (a), of Regulation (EU) No 1169/2011 of the European Parliament and of the Council (2) requires that food information is not misleading, notably as to the nature and identity of the food. Article 9 of that Regulation provides that mandatory food information, including the name of the foodstuff, is to be provided and Article 13 of that Regulation requires that mandatory information is marked in a conspicuous place in such a way as to be easily visible, clearly legible and, where appropriate, indelible. |
(5) |
In accordance with Article 9 of Regulation (EU) 2019/787, the presentation and labelling requirements set out in Regulation (EU) No 1169/2011 apply to alcoholic beverages resulting from the combination of spirit drinks with other foodstuffs. In order to ensure that those requirements are best fulfilled, in particular for spirit drinks making allusion to other spirit drinks, it is appropriate to require that the legal name of the resulting spirit drink be displayed in the same visual field as the allusion to a spirit drink. This should occur each time the allusion is indicated in the description, presentation or labelling of a spirit drink. This will prevent misleading practices and ensure that consumers are properly informed about the actual nature of the spirit drink resulting from the combination of spirit drinks with other foodstuffs. |
(6) |
Regulation (EU) 2019/787 should therefore be amended accordingly. |
(7) |
A transitional period should be provided for the application of the labelling provisions laid down in this Regulation to allow spirit drinks labelled before 31 December 2022 in compliance with the provisions of Regulation (EC) No 110/2008 of the European Parliament and of the Council (3) to continue being placed on the market without requiring them to be relabelled. |
(8) |
In accordance with Article 51(3) of Regulation (EU) 2019/787 and to avoid any sort of regulatory vacuum, this Regulation should apply retroactively from 25 May 2021, |
HAS ADOPTED THIS REGULATION:
Article 1
In Article 12 of Regulation (EU) 2019/787, paragraph 4 is replaced by the following:
‘4. The allusions referred to in paragraphs 2 and 3 shall:
(a) |
not be on the same line as the name of the alcoholic beverage; |
(b) |
appear in a font size which is no larger than half the font size used for the name of the alcoholic beverage and, where compound terms are used, in a font size which is no larger than half the font size used for such compound terms, in accordance with point (c) of Article 11(3); and |
(c) |
in case of allusions in the description, presentation and labelling of spirit drinks, always be accompanied by the legal name of the spirit drink, which shall appear in the same visual field as the allusion.’. |
Article 2
Spirit drinks which do not meet the requirements laid down in Article 12(4), point (c), of Regulation (EU) 2019/787 as amended by this Regulation but which meet the requirements of Regulation (EC) No 110/2008 and were labelled before 31 December 2022 may continue to be placed on the market until stocks are exhausted.
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 25 May 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 130, 17.5.2019, p. 1.
(2) Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).
(3) Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).
12.8.2021 |
EN |
Official Journal of the European Union |
L 289/4 |
COMMISSION DELEGATED REGULATION (EU) 2021/1335
of 27 May 2021
amending Regulation (EU) 2019/787 of the European Parliament and of the Council as regards the labelling of spirit drinks resulting from the combination of a spirit drink with one or more foodstuffs
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (1), and in particular Article 50(3) thereof,
Whereas:
(1) |
Article 11(3) of Regulation (EU) 2019/787 lays down rules on the description, presentation and labelling of alcoholic beverages obtained by combining a spirit drink category or a geographical indication for a spirit drink with other foodstuffs. Such alcoholic beverages are described by compound terms combining either a legal name provided for in the categories of spirit drinks set out in Annex I to that Regulation or the geographical indication for a spirit drink with the name of other foodstuffs. |
(2) |
Article 11(3) of Regulation (EU) 2019/787 does not require that the name of the resulting alcoholic beverage is displayed in the same visual field as the compound term. This may induce consumers to believe that the compound term is the actual name of the alcoholic beverage by unduly abusing the reputation of spirit drink categories or geographical indications, notably in the cases where the resulting alcoholic beverage is a spirit drink. |
(3) |
Article 7(1), point (a), of Regulation (EU) No 1169/2011 of the European Parliament and of the Council (2) requires that food information is not misleading, notably as to the nature and identity of the food. Article 9 of that Regulation provides that mandatory food information, including the name of the foodstuff, is to be provided and Article 13 of that Regulation requires that mandatory information is marked in a conspicuous place in such a way as to be easily visible, clearly legible and, where appropriate, indelible. |
(4) |
In accordance with Article 9 of Regulation (EU) 2019/787, the presentation and labelling requirements set out in Regulation (EU) No 1169/2011 apply to alcoholic beverages resulting from the combination of spirit drinks with other foodstuffs. In order to ensure that those requirements are best fulfilled, in particular for spirit drinks resulting from such combination, it is appropriate to require that the legal name of the resulting spirit drink be displayed in the same visual field as the compound term describing that combination. This should occur each time the compound term is indicated in the description, presentation or labelling of a spirit drink. This will prevent misleading practices and ensure that consumers are properly informed about the actual nature of the spirit drinks resulting from the combination of spirit drinks with other foodstuffs. |
(5) |
This obligation should however not apply when, in accordance with Article 10(5), point (b), of Regulation (EU) 2019/787, the legal name of the spirit drink is replaced by a compound term that includes the term ‘liqueur’ or ‘cream’, provided that the final product complies with the requirements of category 33 of Annex I to that Regulation. |
(6) |
Regulation (EU) 2019/787 should therefore be amended accordingly. |
(7) |
A transitional period should be provided for the application of the labelling provisions laid down in this Regulation to allow spirit drinks labelled before 31 December 2022 in compliance with the provisions of Regulation (EC) No 110/2008 of the European Parliament and of the Council (3) to continue being placed on the market without requiring them to be relabelled. |
(8) |
In accordance with Article 51(3) of Regulation (EU) 2019/787 and to avoid any sort of regulatory vacuum, this Regulation should apply retroactively from 25 May 2021, |
HAS ADOPTED THIS REGULATION:
Article 1
In Article 11 of Regulation (EU) 2019/787, paragraph 3 is replaced by the following:
‘3. Compound terms describing an alcoholic beverage shall:
(a) |
appear in uniform characters of the same font, size and colour; |
(b) |
not be interrupted by any textual or pictorial element which does not form part of them; |
(c) |
not appear in a font size which is larger than the font size used for the name of the alcoholic beverage; and |
(d) |
in cases where the alcoholic beverage is a spirit drink, always be accompanied by the legal name of the spirit drink, which shall appear in the same visual field as the compound term, unless the legal name is replaced by a compound term in accordance with Article 10(5), point (b).’. |
Article 2
Spirit drinks which do not meet the requirements laid down in Article 11(3), point (d), of Regulation (EU) 2019/787 as amended by this Regulation but which meet the requirements of Regulation (EC) No 110/2008 and were labelled before 31 December 2022 may continue to be placed on the market until stocks are exhausted.
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 25 May 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 130, 17.5.2019, p. 1.
(2) Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).
(3) Regulation (EC) No 110/2008 of the European Parliament an of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).
12.8.2021 |
EN |
Official Journal of the European Union |
L 289/6 |
COMMISSION DELEGATED REGULATION (EU) 2021/1336
of 2 June 2021
amending Delegated Regulation (EU) No 907/2014 as regards financial management
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1) and in particular Article 40 and Article 46(1) thereof,
Whereas:
(1) |
Article 40, first paragraph, of Regulation (EU) No 1306/2013 provides that any payments made by the paying agencies of the Member States to the beneficiaries before the earliest possible date of payment and after the latest possible date of payment are ineligible for Union financing, except in certain cases. |
(2) |
Articles 5 and 5a of Commission Delegated Regulation (EU) No 907/2014 (2) lay down the conditions under which, in accordance with the principle of proportionality, expenditure effected after the payment deadlines is considered eligible for Union payments. |
(3) |
Paragraph 3a was inserted in Article 5 of Delegated Regulation (EU) No 907/2014 by Commission Delegated Regulation (EU) 2015/160 (3) in order to provide legal certainty and to clarify the conditions that applied to direct payments made in financial year 2015 pursuant to Council Regulation (EC) No 73/2009 (4). That provision is obsolete and can therefore be deleted. |
(4) |
Checks on compliance with the latest payment deadline are to be carried out both for payments under the European Agricultural Guarantee Fund (‘EAGF’) and payments under the European Agricultural Fund for Rural Development (‘EAFRD’). However, the checks on compliance with the payment deadlines for the EAGF are carried out twice per financial year, namely on the expenditure effected by 31 July and the remaining expenditure effected by 15 October, while compliance with the payment deadline for the EAFRD is checked once per financial year in respect of all payments made for that financial year. |
(5) |
For reasons of simplicity and efficiency and in order to decrease the administrative burden for Member States and the Commission, one single check on compliance with the payment deadlines for the entire financial year should also be laid down as regards the EAGF expenditure. That check should be carried out on expenditure effected by 15 October. However, where a non-compliance with payment deadlines is encountered in the context of the expenditure declarations, it should be possible for the Commission to carry out an additional check on the expenditure effected by 31 July. |
(6) |
Regulation (EU) 2020/2220 of the European Parliament and of the Council (5) amended Regulation (EU) No 1305/2013 of the European Parliament and of the Council (6) and extended the period of duration of rural development programmes supported by the EAFRD until 31 December 2022, while providing Member States with the possibility to finance their extended programmes from the corresponding budget allocation for the years 2021 and 2022. Moreover, Regulation (EU) 2020/2220 made the additional resources from the European Union Recovery Instrument (‘EURI’) available in the extended programmes in the years 2021 and 2022 to fund measures under Regulation (EU) No 1305/2013 with the objective to address the impact of the COVID-19 crisis and its consequences for the Union agricultural sector and rural areas. |
(7) |
As set out in recital (24) of Regulation (EU) 2020/2220, the additional resources from the EURI are subject to specific conditions. Those additional resources should thus be programmed and monitored separately from the Union support for rural development, while applying, in general, the rules set out in Regulation (EU) No 1305/2013. Hence, those additional resources should be implemented through Regulation (EU) No 1305/2013 and considered in the framework of that Regulation as amounts that finance measures under the EAFRD. As a consequence, the respective rules on the thresholds and reductions laid down in Article 5a of Delegated Regulation (EU) No 907/2014 should be calculated separately in relation to the EAFRD allocations and in relation to the additional resources referred to in Article 58a of Regulation (EU) No 1305/2013. |
(8) |
Pursuant to Delegated Regulation (EU) No 907/2014, the Commission is to make payments at monthly or other regular intervals to the Member States on the basis of declarations of expenditure sent by the latter. By doing so, the Commission should, however, take into account the revenue received by the paying agencies on behalf of the Union’s budget, and declared by the Member States in their monthly declarations. Currently under the EAGF, the Commission is netting off the expenditure amounts against the assigned revenue amounts directly in the monthly payment decision issued by the Commission. This financial operation derogates from the way assigned revenue is managed under other Union Funds, where it is not netted off but recovered via a recovery order drawn up pursuant to Article 98 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (7). In order to harmonise the Commission’s accounting practices and, in particular, the way assigned revenue is managed, it is necessary to align this technical aspect of the financial management of the EAGF with the flow used by other Union Funds. The conditions under which the assigned revenue effected under the EAGF is to be offset, should therefore be amended accordingly, without putting at risk the timely execution of the payments to the Member States. |
(9) |
Delegated Regulation (EU) No 907/2014 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Delegated Regulation (EU) No 907/2014 is amended as follows:
(1) |
Article 5 is amended as follows:
|
(2) |
in Article 5a, the following paragraph is added: ‘7. The thresholds and reductions referred to in paragraphs 2 and 3 shall be calculated separately in relation to the European Agricultural Fund for Rural Development allocations, without the additional resources referred to in Article 58a of Regulation (EU) No 1305/2013, and in relation to those additional resources.’; |
(3) |
in Article 7, paragraph 1 is replaced by the following: ‘1. In its decision on the monthly payments to be adopted pursuant to Article 18(3) of Regulation (EU) No 1306/2013, the Commission shall pay the balance of the expenditure declared by each Member State in its monthly declaration, less the assigned revenue which that Member State has included in its declarations of expenditure. This set-off shall be regarded as equivalent to collection of the corresponding revenue. Commitment appropriations and payment appropriations generated by assigned revenue shall be open once this revenue has been assigned to budget lines.’. |
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, 2 June 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 347, 20.12.2013, p. 549.
(2) Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18).
(3) Commission Delegated Regulation (EU) 2015/160 of 28 November 2014 amending Delegated Regulation (EU) No 907/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 27, 3.2.2015, p. 7).
(4) Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ L 30, 31.1.2009, p. 16).
(5) Regulation (EU) 2020/2220 of the European Parliament and of the Council of 23 December 2020 laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) in the years 2021 and 2022 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards resources and application in the years 2021 and 2022 and Regulation (EU) No 1308/2013 as regards resources and the distribution of such support in respect of the years 2021 and 2022 (OJ L 437, 28.12.2020, p. 1).
(6) Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).
(7) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
12.8.2021 |
EN |
Official Journal of the European Union |
L 289/9 |
COMMISSION IMPLEMENTING REGULATION (EU) 2021/1337
of 18 June 2021
amending Implementing Regulation (EU) No 908/2014 as regards financial management
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 46(6) and Article 104 thereof,
Whereas:
(1) |
Article 11 of Commission Implementing Regulation (EU) No 908/2014 (2) sets out the general rules on the declaration of expenditure and the assigned revenue declared by paying agencies in respect of a given month. At the moment of establishing the monthly payments to the Member States, the Commission takes into account the corrections decided by the Commission under the clearance of accounts and conformity clearance. Consequently, since the amounts corresponding to those corrections are known by the Commission, there is no specific need for the Member States to include them in the monthly declaration and declare them to the Commission. In order to simplify the procedure as regards the amounts to be declared by the Member States, that requirement should be deleted. |
(2) |
Article 14(1) of Implementing Regulation (EU) No 908/2014 provides that by deciding to make the monthly payments, the Commission is to make available to the Member States the resources needed to cover the expenditure to be financed under the European Agricultural Guarantee Fund (‘EAGF’). By doing so, the Commission should, however, take into account the revenue received by the paying agencies on behalf of the Union’s budget. Currently under the EAGF, the Commission is netting off the expenditure amounts against the assigned revenue amounts directly in the monthly payment decision issued by the Commission. This financial operation derogates from the way assigned revenue is managed under other Union Funds, where it is not netted off but recovered via a recovery order drawn up pursuant to Article 98 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (3). In order to harmonise the Commission’s accounting practices and, in particular, the way assigned revenue is managed, it is necessary to align this technical aspect of the financial management of the EAGF with the flow used by other Union Funds. Consequently, there is a need for amending the way in which revenue effected under the EAGF is to be offset. |
(3) |
Regulation (EU) 2020/2220 of the European Parliament and of the Council (4) amended Regulation (EU) No 1305/2013 of the European Parliament and of the Council (5) and extended the period of duration of rural development programmes supported by the European Agricultural Fund for Rural Development (‘EAFRD’) until 31 December 2022, while providing Member States with the possibility to finance their extended programmes from the corresponding budget allocation for the years 2021 and 2022. Moreover, Regulation (EU) 2020/2220 made the additional resources from the European Union Recovery Instrument (‘EURI’) available in the extended programmes in the years 2021 and 2022 to fund measures under Regulation (EU) No 1305/2013 to address the impact of the COVID-19 crisis and its consequences for the Union agricultural sector and rural areas. |
(4) |
As set out in recital 24 of Regulation (EU) 2020/2220, the additional resources from the EURI are subject to specific conditions. Those additional resources should thus be programmed and monitored separately from the Union support for rural development, while applying, in general, the rules set out in Regulation (EU) No 1305/2013. Hence, those additional resources should be implemented through Regulation (EU) No 1305/2013 and considered in the framework of that Regulation as amounts that finance measures under the EAFRD. As a consequence, the respective implementing financial management rules in relation to the additional resources referred to in Article 58a of Regulation (EU) No 1305/2013 should be adapted. In particular, the forecasting of the funding requirements, the declarations of expenditure to be provided by the Member States and the calculation of the amount to be paid should be adjusted in relation to the EAFRD allocations. |
(5) |
Implementing Regulation (EU) No 908/2014 should therefore be amended accordingly. |
(6) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Agricultural Funds, |
HAS ADOPTED THIS REGULATION:
Article 1
Implementing Regulation (EU) No 908/2014 is amended as follows:
(1) |
in Article 11(1), point (c), the last sentence is deleted; |
(2) |
in Article 14(1), the second subparagraph is replaced by the following: ‘When the payments to be made by the Commission lead to a negative amount for a Member State, the surplus deductions shall be carried over to the following months.’; |
(3) |
in Article 21, the first paragraph is replaced by the following: ‘For each rural development programme as referred to in Article 6 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council (*1), and in accordance with Article 102(1), first subparagraph, point (c)(ii), of Regulation (EU) No 1306/2013, Member States shall send to the Commission, twice per year, by 31 January and 31 August at the latest, their forecasts of the amounts to be funded by the EAFRD for the financial year. Those forecasts shall indicate separately the amounts forecasted for the additional resources referred to in Article 58a(2) of Regulation (EU) No 1305/2013. In addition, Member States shall send an updated estimate of their funding requests for the following financial year. (*1) Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).’;" |
(4) |
in Article 22(1), the first and second subparagraphs are replaced by the following: ‘1. Paying agencies shall declare expenditure for each rural development programme as referred to in Article 6 of Regulation (EU) No 1305/2013. For each rural development measure, paying agencies shall specify in a declaration of expenditure the amount referred to in Article 58(4) of Regulation (EU) No 1305/2013 and the amount referred to in Article 58a(2) of that Regulation (EU) No 1305/2013.’; |
(5) |
in Article 23, paragraph 2 is replaced by the following: ‘2. Without prejudice to the ceiling provided for in Article 34(2) of Regulation (EU) No 1306/2013, where the combined total of the Union contribution paid to the rural development programme exceeds the total programmed for a rural development measure, the amount to be paid shall be reduced as follows:
Any Union contribution excluded as a result may be paid later provided that an adjusted financing plan has been submitted by the Member State and accepted by the Commission.’. |
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, 18 June 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 347, 20.12.2013, p. 549.
(2) Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency (OJ L 255, 28.8.2014, p. 59).
(3) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
(4) Regulation (EU) 2020/2220 of the European Parliament and of the Council of 23 December 2020 laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) in the years 2021 and 2022 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards resources and application in the years 2021 and 2022 and Regulation (EU) No 1308/2013 as regards resources and the distribution of such support in respect of the years 2021 and 2022 (OJ L 437, 28.12.2020, p. 1).
(5) Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).
12.8.2021 |
EN |
Official Journal of the European Union |
L 289/12 |
COMMISSION IMPLEMENTING REGULATION (EU) 2021/1338
of 11 August 2021
amending Implementing Regulation (EU) 2017/373 as regards reporting requirements and reporting channels between organisations, and requirements for meteorological services
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 43(1), points (a) and (f), Article 62(15), points (a) and (c), and Article 72(5) thereof,
Whereas:
(1) |
Commission Implementing Regulation (EU) 2017/373 (2) lays down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions for general air traffic and their oversight. |
(2) |
In accordance with point 5.1(g) of Annex VIII to Regulation (EU) 2018/1139, service providers are to establish an occurrence-reporting system as part of their management system so as to contribute to the continuous improvement of safety. To ensure compliance with, and uniform implementation of, this essential requirement, as well as to ensure that the resulting provisions are aligned with Regulation (EU) No 376/2014 of the European Parliament and of the Council (3) on the reporting, analysis and follow-up of occurrences in civil aviation, Implementing Regulation (EU) 2017/373 should be amended accordingly. |
(3) |
On 7 March 2018 and on 9 March 2020, the International Civil Aviation Organization (ICAO) adopted Amendment 78 and Amendment 79, respectively, to Annex 3 to the Convention on International Civil Aviation, signed on 7 December 1944 in Chicago (‘the Chicago Convention’) aiming, among other things, to enhance and improve harmonisation as regards the exchange of meteorological observations and reports (aerodrome routine meteorological reports (METAR)/aerodrome special meteorological reports (SPECI)), aerodrome forecasts (TAF), information concerning en-route weather phenomena which may affect the safety of aircraft operations (SIGMET), information concerning en-route weather phenomena which may affect the safety of low-level aircraft operations (AIRMET), volcanic ash and tropical cyclone advisory information, space weather advisory information, etc., in a system-wide information management (SWIM)-compliant environment. Those amendments are applicable in the ICAO Contracting States as of 8 November 2018 and 5 November 2020, respectively, except for the METAR format, the date of application of which is aligned with the date of application, 12 August 2021, for the new global reporting format (‘GRF’) for runway surface conditions. Those international standards and recommended practices should be reflected in Implementing Regulation (EU) 2017/373, in particular in the specific organisation requirements for meteorological service providers set out in Annex V to that Regulation. |
(4) |
One of the enabling elements for the implementation of the GRF for runway surface conditions is the SNOWTAM format, whose instructions for completion should be in line with the latest ICAO Procedures for Air Navigation Services – Aeronautical Information Management (4), and should also be consistent with Commission Regulation (EU) No 965/2012 (5) and Commission Regulation (EU) No 139/2014 (6). |
(5) |
Implementing Regulation (EU) 2017/373 should therefore be amended accordingly. |
(6) |
The measures provided for in this Regulation are based on Opinion No 01/2021 (7) of the European Union Aviation Safety Agency in accordance with Article 75(2), points (b) and (c), and Article 76(1) of Regulation (EU) 2018/1139. |
(7) |
The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 127 of Regulation (EU) 2018/1139, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes I, II, III, V and VI to Implementing Regulation (EU) 2017/373 are amended in accordance with Annexes I to V to this Regulation, respectively.
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.
Point 32 of Annex IV and Annex V shall apply from 12 August 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 August 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 212, 22.8.2018, p. 1.
(2) Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 (OJ L 62, 8.3.2017, p. 1).
(3) Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18).
(4) International Civil Aviation Organization Procedures for Air Navigation Services – Aeronautical Information Management, Doc 10066.
(5) Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1).
(6) Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 44, 14.2.2014, p. 1).
(7) Opinion No 01/2021 of the European Union Aviation Safety Agency, Occurrence-reporting requirements and requirements for meteorological services, https://www.easa.europa.eu/document-library/opinions
ANNEX I
Annex I to Implementing Regulation (EU) 2017/373 is amended as follows:
(1) |
point (37) is replaced by the following:
|
(2) |
point (107) is replaced by the following:
|
(3) |
point (168) is replaced by the following:
|
(4) |
the following points (264) to (266) are added:
|
ANNEX II
Annex II to Implementing Regulation (EU) 2017/373 is amended as follows:
(1) |
point ATM/ANS.AR.A.020 is replaced by the following: ‘ ATM/ANS.AR.A.020 Information to the Agency
(*1) Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18)." |
(2) |
point ATM/ANS.AR.B.001 is amended as follows:
|
(3) |
point ATM/ANS.AR.B.010 is replaced by the following: ‘ ATM/ANS.AR.B.010 Changes in the management system
|
(*1) Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18).’
ANNEX III
Annex III to Implementing Regulation (EU) 2017/373 is amended as follows:
(1) |
the title is replaced by the following: ‘ANNEX III COMMON REQUIREMENTS FOR ATM/ANS PROVIDERS (Part-ATM/ANS.OR); |
(2) |
point ATM/ANS.OR.A.065 is replaced by the following: ‘ ATM/ANS.OR.A.065 Occurrence reporting
|
ANNEX IV
Annex V to Implementing Regulation (EU) 2017/373 is amended as follows:
(1) |
point MET.OR.115 is replaced by the following: ‘ MET.OR.115 Meteorological bulletins The meteorological services provider responsible for the area concerned shall provide meteorological bulletins to the relevant users.’; |
(2) |
point MET.OR.120 is replaced by the following: ‘ MET.OR.120 Notification of discrepancies to the world area forecast centres (WAFCs) The meteorological services provider using WAFS SIGWX forecasts shall notify the WAFC concerned immediately if significant discrepancies are detected or reported in respect of WAFS SIGWX forecasts concerning:
|
(3) |
point MET.OR.200 is replaced by the following: ‘ MET.OR.200 Meteorological reports and other information
|
(4) |
point MET.OR.240 is replaced by the following: ‘ MET.OR.240 Information for use by operator or flight crew An aerodrome meteorological office shall provide operators and flight crew members with the latest available:
|
(5) |
point MET.OR.242 is amended as follows:
|
(6) |
in point MET.OR.245, point (f)(1) is replaced by the following:
|
(7) |
in point MET.OR.250, point (a) is replaced by the following:
|
(8) |
in point MET.OR.255, point (a) is replaced by the following:
|
(9) |
point MET.OR.260 is replaced by the following: ‘ MET.OR.260 Area forecasts for low-level flights A meteorological watch office shall ensure that:
|
(10) |
the title of Chapter 4 is replaced by the following: ‘ Chapter 4 – Requirements for volcanic ash advisory centres (VAACs) ’; |
(11) |
in point MET.OR.265, point (a) is replaced by the following:
|
(12) |
the title of Chapter 5 is replaced by the following: ‘ Chapter 5 – Requirements for tropical cyclone advisory centres (TCACs) ’; |
(13) |
in point MET.OR.270, the introductory phrase and point (a) are replaced by the following: ‘In its area of responsibility, the TCAC shall issue:
|
(14) |
the title of Chapter 6 is replaced by the following: ‘ Chapter 6 – Requirements for world area forecast centres (WAFCs) ’; |
(15) |
in point MET.OR.275, point (a) is replaced by the following:
|
(16) |
point MET.TR.115 is replaced by the following: ‘ MET.TR.115 Meteorological bulletins
|
(17) |
point MET.TR.200 is replaced by the following: ‘ MET.TR.200 Meteorological reports and other information
|
(18) |
point MET.TR.205 is amended as follows:
|
(19) |
point MET.TR.210 is amended as follows:
|
(20) |
point MET.TR.215 is amended as follows:
|
(21) |
point MET.TR.220 is amended as follows:
|
(22) |
in point MET.TR.225, point (c) is amended as follows:
|
(23) |
in point MET.TR.235, point (c) is replaced by the following:
|
(24) |
point MET.TR.250 is amended as follows:
|
(25) |
point MET.TR.255 is amended as follows:
|
(26) |
point MET.TR.260 is amended as follows:
|
(27) |
the title of Chapter 4 is replaced by the following: ‘ Chapter 4 – Technical requirements for volcanic ash advisory centres (VAACs) ’; |
(28) |
point MET.TR.265 is replaced by the following: ‘ MET.TR.265 Volcanic ash advisory centre responsibilities The advisory information on volcanic ash shall be issued in accordance with the template shown in Appendix 6. When no abbreviations are available, English plain language text, to be kept to a minimum, shall be used.’; |
(29) |
point MET.TR.270 is replaced by the following: ‘ MET.TR.270 Tropical cyclone advisory centre responsibilities The advisory information on tropical cyclones shall be issued in accordance with the template shown in Appendix 7 for tropical cyclones when the maximum of the 10-minute mean surface wind speed is expected to reach or exceed 34 kt during the period covered by the advisory.’ |
(30) |
the title of Chapter 5 is replaced by the following: ‘ Chapter 5 – Technical requirements for tropical cyclone advisory centres (TCACs) ’; |
(31) |
point MET.TR.275 is amended as follows:
|
(32) |
Appendix 1 is replaced by the following: ‘Appendix 1
|
(33) |
Appendix 3 is replaced by the following: ‘Appendix 3
|
(34) |
Appendix 4 is replaced by the following: ‘Appendix 4
|
(35) |
Appendix 5A is replaced by the following: ‘Appendix 5
|
(36) |
Appendix 5B is deleted; |
(37) |
Appendix 6 is replaced by the following: ‘Appendix 6
|
(38) |
Appendix 7 is replaced by the following: ‘Appendix 7
|
(39) |
Appendix 8 is replaced by the following: ‘Appendix 8
|
(1) When a meteorological element is temporarily missing, or its value is considered temporarily as incorrect, it is replaced by a solidus (‘/’) for each digit of the abbreviation of the text message and indicated as missing to ensure reliable translation into other code forms.
(2) To be included if the visibility or the runway visual range is < 1 500 m for up to a maximum of four runways.
(3) ‘Heavy’ is used to indicate ‘tornado’ or ‘waterspout’; ‘moderate’ (no qualifier) to indicate ‘funnel cloud not reaching the ground’.
(4) For automated reports only.
(5) In the case of automated reports, solidi (‘///’) may replace the relevant cloud type, as appropriate, dependent on the capability of the automatic observing system. Furthermore, solidi may replace cloud amount and/or cloud height of reported CB or TCU layer.
(6) To be included whenever applicable. No qualifier for moderate intensity.
(7) Up to four cloud layers.
(8) Consisting of up to a maximum of four temperatures (two maximum temperatures and two minimum temperatures).
(9) Used only when SIGMET/AIRMET is issued to indicate that a test or an exercise is taking place. When the word ‘TEST’ or the abbreviation ‘EXER’ is included, the message may contain information that should not be used operationally or will otherwise end immediately after the word ‘TEST’.
(10) Used for unnamed tropical cyclones.
(11) In the case of volcanic ash cloud covering more than one area within the FIR, these elements can be repeated, as necessary. Each location and forecast position are to be preceded by an observed or forecast time.
(12) In the case of cumulonimbus clouds associated with a tropical cyclone covering more than one area within the FIR, these elements can be repeated as necessary. Each location and forecast position must be preceded by an observed or forecast time.
(13) For SIGMET for radioactive cloud, only within (WI) is to be used for the elements ‘location’ and ‘forecast position’.
(14) The number of coordinates are to be kept to a minimum and should not normally exceed seven.
(15) Only for SIGMET for tropical cyclones.
(16) Only for SIGMET for radioactive cloud. A radius of up to 30 kilometres (or 16 nautical miles) from the source and a vertical extent from surface (SFC) to the upper limit of the flight information region/upper flight information region (FIR/UIR) or control area (CTA) is to be applied.
(17) The elements ‘forecast time’ and ‘forecast position’ are not to be used in conjunction with the element ‘movement or expected movement’.
(18) For SIGMET for radioactive cloud, only stationary (STNR) is to be used for the element ‘movement or expected movement’.
(19) The term ‘CB’ is to be used when the forecast position for the cumulonimbus cloud is included.
(20) The forecast position for cumulonimbus (CB) cloud occurring in connection with tropical cyclones relates to the forecast time of the tropical cyclone centre position, not to the end of the validity period of the SIGMET.
(21) Only for SIGMET for volcanic ash.
(22) To be used for more than one volcanic ash clouds or cumulonimbus clouds associated with a tropical cyclone simultaneously affecting the FIR concerned.’
(23) Used only when the message is issued to indicate that a test or an exercise is taking place. When the word ‘TEST’ or the abbreviation ‘EXER’ is included, the message may contain information that should not be used operationally or will otherwise end immediately after the word ‘TEST’.
(24) The term ‘resuspended’ to be used for volcanic ash deposits raised by the wind.
(25) If a volcanic ash cloud is reported (e.g. AIREP) but not identifiable from the satellite data.
(26) A straight line between two points drawn on a map in the Mercator projection or a straight line between two points which crosses lines of longitude at a constant angle.
(27) Up to four selected layers.’
(28) Used only when the message is issued to indicate that a test or an exercise is taking place. When the word ‘TEST’ or the abbreviation ‘EXER’ is included, the message may contain information that should not be used operationally or will otherwise end immediately after the word ‘TEST’.
(29) In the case of CB clouds associated with a tropical cyclone covering more than one area within the area of responsibility, this element can be repeated, as necessary.
(30) The number of coordinates should be kept to a minimum and should not normally exceed seven.’
(31) Non-dimensional.’
ANNEX V
Appendix 3 of Annex VI to Implementing Regulation (EU) 2017/373 is replaced by the following:
‘Appendix 3
SNOWTAM FORMAT
INSTRUCTIONS FOR THE COMPLETION OF THE SNOWTAM FORMAT
1. General
a) |
When reporting on more than one runway, repeat Items B to H (aeroplane performance calculation section). |
b) |
The letters used to indicate items are only used for reference purpose and shall not be included in the messages. The letters, M (mandatory), C (conditional) and O (optional) mark the usage and information and shall be included as explained below. |
c) |
Metric units shall be used and the unit of measurement shall not be reported. |
d) |
The maximum validity of SNOWTAM is 8 hours. New SNOWTAM shall be issued whenever a new runway condition report is received. |
e) |
A SNOWTAM cancels the previous SNOWTAM. |
f) |
The abbreviated heading ‘TTAAiiii CCCC MMYYGGgg (BBB)’ is included to facilitate the automatic processing of SNOWTAM messages in computer databanks. The explanation of these symbols is:
Correction, in the case of an error, to a SNOWTAM message previously disseminated with the same serial number = COR. Brackets in (BBB) shall be used to indicate that this group is optional. When reporting on more than one runway and individual dates/times of observation/assessment are indicated by repeated Item B, the latest date/time of observation/assessment shall be inserted in the abbreviated heading (MMYYGGgg). |
g) |
The text ‘SNOWTAM’ in the SNOWTAM Format and the SNOWTAM serial number in a four-digit group shall be separated by a space, e.g. SNOWTAM 0124. |
h) |
For readability purposes for the SNOWTAM message, a linefeed shall be included after the SNOWTAM serial number, after Item A, and after the aeroplane performance calculation section. |
i) |
When reporting on more than one runway, repeat the information in the aeroplane performance calculation section from the date and time of assessment for each runway before the information in the situational awareness section. |
j) |
Mandatory information is:
|
2. Aeroplane performance calculation section
Item A |
– |
Aerodrome location indicator (four-letter location indicator). |
||||||||
Item B |
– |
Date and time of assessment (eight-figure date/time group giving time of observation as month, day, hour and minute in UTC). |
||||||||
Item C |
– |
Lower runway designator number (nn[L] or nn[C] or nn[R]). Only one runway designator shall be inserted for each runway and always the lower number. |
||||||||
Item D |
– |
Runway condition code for each runway third. Only one digit (0, 1, 2, 3, 4, 5 or 6) is inserted for each runway third, separated by an oblique stroke (n/n/n). |
||||||||
Item E |
– |
Per cent coverage for each runway third. When provided, insert 25, 50, 75 or 100 for each runway third, separated by an oblique stroke ([n]nn/[n]nn/[n]nn). This information shall be provided only when the runway condition for each runway third (Item D) has been reported as other than 6 and there is a condition description for each runway third (Item G) that has been reported other than ‘DRY’. When the conditions are not reported, this shall be signified by the insertion of ‘NR’ for the appropriate runway third(s). |
||||||||
Item F |
– |
Depth of loose contaminant for each runway third. When provided, insert in millimetres for each runway third, separated by an oblique stroke (nn/nn/nn or nnn/nnn/nnn). This information shall only be provided for the following contamination types:
When the conditions are not reported, this shall be signified by the insertion of ‘NR’ for the appropriate runway third(s). |
||||||||
Item G |
– |
Condition description for each runway third. Any of the following condition descriptions for each runway third, separated by an oblique stroke, shall be inserted. COMPACTED SNOW DRY SNOW DRY SNOW ON TOP OF COMPACTED SNOW DRY SNOW ON TOP OF ICE FROST ICE SLIPPERY WET SLUSH SPECIALLY PREPARED WINTER RUNWAY STANDING WATER WATER ON TOP OF COMPACTED SNOW WET WET ICE WET SNOW WET SNOW ON TOP OF COMPACTED SNOW WET SNOW ON TOP OF ICE DRY (only reported when there is no contaminant) When the conditions are not reported, this shall be signified by the insertion of ‘NR’ for the appropriate runway third(s). |
||||||||
Item H |
– |
Width of runway to which the runway condition codes apply. The width in metres, if less than the published runway width, shall be inserted. |
3. Situational awareness section
Elements in the situational awareness section shall end with a full stop.
Elements in the situational awareness section for which no information exists, or where the conditional circumstances for publication are not fulfilled, shall be left out completely.
Item I |
– |
Reduced runway length. The applicable runway designator and available length in metres shall be inserted (e.g. RWY nn [L] or nn [C] or nn [R] REDUCED TO [n]nnn). This information is conditional when a NOTAM has been published with a new set of declared distances. |
Item J |
– |
Drifting snow on the runway. When reported, ‘DRIFTING SNOW’ shall be inserted with a space ‘DRIFTING SNOW’ (RWY nn or RWY nn[L] or nn[C] or nn[R] DRIFTING SNOW). |
Item K |
– |
Loose sand on the runway. When loose sand is reported on the runway, the lower runway designator shall be inserted with a space ‘LOOSE SAND’ (RWY nn or RWY nn[L] or nn[C] or nn[R] LOOSE SAND). |
Item L |
– |
Chemical treatment on the runway. When chemical treatment has been reported applied, the lower runway designator shall be inserted with a space ‘CHEMICALLY TREATED’ (RWY nn or RWY nn[L] or nn[C] or nn[R] CHEMICALLY TREATED). |
Item M |
– |
Snow banks on the runway. When snow banks are reported present on the runway, the lower runway designator shall be inserted with a space ‘SNOWBANK’ and with a space left ‘L’ or right ‘R’ or both sides ‘LR’, followed by the distance in metres from centre line separated by a space ‘FM CL’ (RWY nn or RWY nn[L] or nn[C] or nn[R] SNOWBANK Lnn or Rnn or LRnn FM CL). |
Item N |
– |
Snowbanks on a taxiway. When snowbanks are present on taxiway(s), the taxiway(s) designator(s) shall be inserted with a space ‘SNOWBANKS’ (TWY [nn]n or TWYS [nn]n/[nn]n/[nn]n… or ALL TWYS SNOWBANKS). |
Item O |
– |
Snow banks adjacent to the runway. When snow banks are reported present, penetrating the height profile in the aerodrome snow plan, the lower runway designator and ‘ADJ SNOWBANKS’ shall be inserted (RWY nn or RWY nn[L] or nn[C] or nn[R] ADJ SNOWBANKS). |
Item P |
– |
Taxiway conditions. When taxiway conditions are reported slippery or poor, the taxiway designator followed by a space ‘POOR’ shall be inserted (TWY [n or nn] POOR or TWYS [n or nn]/[n or nn]/[n or nn] POOR… or ALL TWYS POOR). |
Item R |
– |
Apron conditions. When apron conditions are reported slippery or poor, the apron designator followed by a space ‘POOR’ shall be inserted (APRON [nnnn] POOR or APRONS [nnnn]/[nnnn]/[nnnn] POOR or ALL APRONS POOR). |
Item S |
– |
(NR) Not reported. |
Item T |
– |
Plain-language remarks. |
DECISIONS
12.8.2021 |
EN |
Official Journal of the European Union |
L 289/53 |
COMMISSION IMPLEMENTING DECISION (EU) 2021/1339
of 11 August 2021
amending Implementing Decision (EU) 2018/2048 as regards the harmonised standard for websites and mobile applications
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (1), and in particular Article 10(6) thereof,
Whereas:
(1) |
In accordance with Article 6(1) of Directive (EU) 2016/2102 of the European Parliament and of the Council (2), content of websites and mobile applications which is in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, is to be presumed to be in conformity with the accessibility requirements covered by those standards or parts thereof set out in Article 4 of that Directive. |
(2) |
On the basis of Implementing Decision C(2017) 2585, CEN, Cenelec and ETSI amended the harmonised standard EN 301 549 v2.1.2 (2018-08), the references of which are included in the Annex to Commission Implementing Decision (EU) 2018/2048 (3). That resulted in the adoption of the amending harmonised European standard, EN 301 549 v3.2.1 (2021-03). The harmonised European standard EN 301 549 v3.2.1 (2021-03) sets out, among others, technical requirements on the accessibility of websites and mobile applications and contains a mapping of the relevant provisions from the standard to the accessibility requirements set out in Article 4 of Directive (EU) 2016/2102. |
(3) |
The harmonised standard EN301 549 v3.2.1 (2021-03) updates, among others, the mappings in tables A.1 and A.2 of Annex A that provide the presumption of conformity with Directive (EU) 2016/2102. The standard also includes guidance on its use in Annex E and provides further information on changes in Annex F. |
(4) |
The Commission, together with CEN, Cenelec and ETSI, has assessed whether the relevant provisions of the harmonised European standard EN 301 549 v3.2.1 (2021-03) delivered by CEN, Cenelec and ETSI comply with the request set out in Implementing Decision C(2017) 2585. |
(5) |
The result of the assessment is that the relevant provisions of the harmonised European standard EN 301 549 v3.2.1 (2021-03) satisfy the requirements which they aim to cover and which are set out in Annex II to Implementing Decision C(2017) 2585. It is therefore appropriate to publish the reference of that standard in the Official Journal of the European Union. |
(6) |
Consequently, the references of the harmonised standard EN 301 549 v2.1.2 (2018-08) have to be withdrawn from the Official Journal of the European Union, given that it has been amended by the harmonised European standard EN 301 549 v3.2.1 (2021-03). |
(7) |
In order to give sufficient time to prepare for the application of the harmonised standard EN 301 549 V3.2.1 (2021-03), it is necessary to defer the application of the withdrawal of the harmonised standard EN 301 549 v2.1.2 (2018-08). |
(8) |
Implementing Decision (EU) 2018/2048 should therefore be amended accordingly. |
(9) |
Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the date of its publication, |
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Implementing Decision (EU) 2018/2048 is amended in accordance with the Annex to this Decision.
Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
Point (1) of the Annex shall apply from 12 February 2022.
Done at Brussels, 11 August 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 316, 14.11.2012, p. 12.
(2) Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1).
(3) Commission Implementing Decision (EU) 2018/2048 of 20 December 2018 on the harmonised standard for websites and mobile applications drafted in support of Directive (EU) 2016/2102 of the European Parliament and of the Council (OJ L 327, 21.12.2018, p. 84).
ANNEX
The table in the Annex to Implementing Decision (EU) 2018/2048 is amended as follows:
(1) |
row 1 is deleted; |
(2) |
the following row 2 is inserted:
|