(1)

For the purposes of specifying the calculation of the amount of the ‘total margin required’, referred to in Article 23(2) of Regulation (EU) 2019/2033, and in order to increase clarity and consistency in relation to its components, it should be clarified that the amount of the total margin required includes any collateral required by the clearing member in accordance with its margin model.

(2)

In accordance with Article 23(2) of Regulation (EU) 2019/2033, the total margin required on a daily basis is used for the calculation of K-CMG. Where clearing members adapt their required margin within 1 day, this results in more than one margin call within the same day. In order to avoid uncertainty about which of those margin requirements to use and considering that the third highest amount during a period of 3 months is to be used for the calculation of K-CMG, it is necessary to specify that the daily amount of margin required should be the highest of those margin requirements of a given day.

(3)

Investment firms may use the clearing services of multiple clearing members. For positions for which K-CMG is applied, the determination of the amount of total margin required from the investment firm should be comprehensive and include the full margin required by all clearing members. Therefore, where an investment firm uses K-CMG for positions that are subject to clearing by multiple clearing members, CMG should be calculated as the sum of the margins required across all clearing members. An investment firm should, accordingly, first calculate the total daily amount of margin required as the sum of the total margin required by all clearing members, before determining the third highest amount of total margins required on a daily basis as required by Article 23(2) of Regulation (EU) 2019/2033.

(4)

For the application of K-CMG on a portfolio basis, where the whole portfolio is subject to clearing or margining, the conditions laid down in Article 23(1) of Regulation (EU) 2019/2033 have to be met. Therefore, a portfolio of cleared positions assigned to one trading desk can make use of K-CMG while, at the same time, a portfolio of cleared positions assigned to another trading desk can make use of the K-factor ‘net position risk’ (K-NPR). In order to prevent arbitrage, the use of K-CMG and K-NPR across trading desks should be consistent. Therefore, the same approach should be used for trading desks that are similar in terms of business strategy and trading book positions.

(5)

For the purposes of the assessment under Article 23(1), point (e), of Regulation (EU) 2019/2033, the competent authority should be required to assess whether the K-CMG approach is appropriate insofar it reflects the risk profile of the investment firm’s trading book positions. An investment firm should be required to compare regularly its own risk assessment with the margins required by clearing members, for the purpose of assessing whether those margins are still a good indicator of the level of risk to market of the investment firm. At the point of assessment by the competent authority, the investment firm should make a comparison between the capital requirements under K-NPR and K-CMG and should be able to adequately justify the difference between those capital requirements to the competent authority. An assessment by the competent authority should be positive only when all these conditions are met. In particular, the competent authority should ensure that the investment firm is able to monitor and adequately justify difference between the outcome of the two methodologies, K-NPR and K-CMG, especially in cases of large variations of the required margins.

(6)

A high frequency of switching between the use of K-NPR and K-CMG is a strong indicator of potential disproportionate or unsound use of own funds requirements. It is possible to prevent regulatory arbitrage by constraining the frequency of switching positions between the use of K-NPR and K-CMG. A requirement to make continuous use of one of the two methods for a trading desk for at least 2 years would be proportionate to address the risk of regulatory arbitrage. However, in exceptional cases (e.g. a business restructuring) where a trading desk changes to such an extent that it can be considered as a different trading desk, the competent authority should allow an investment firm to change methods within that 2-year period.

(7)

This Regulation is based on the draft regulatory technical standards submitted to the Commission by the European Banking Authority (EBA).

(8)

The EBA has conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the advice of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (2),

(1)

Article 3 of Commission Delegated Regulation (EU) 2017/40 (2) establishes conditions for the design and application of the accompanying educational measures that Member States are to provide for pursuant to Article 23(10) of Regulation (EU) No 1308/2013. In the interest of legal certainty, it is appropriate to lay down a non-exhaustive list of activities that may be carried out as part of the accompanying educational measures under the school scheme, including where no Union aid is requested. It is also appropriate to clarify that, in order to make the school scheme effective, Member States should ensure that the accompanying educational measures that are provided for to support the distribution of school fruit and vegetables and school milk reach all children participating in the school scheme. Such requirement is without prejudice to the autonomy granted to the educational establishments within the Member States, according to the repartition of the competences and the strategy for implementation of the school scheme in the Member States concerned.

(2)

Article 5(2) of Delegated Regulation (EU) 2017/40 establishes the general conditions for the selection of aid applicants. When selecting aid applicants, Member States, acting at national, regional or local level, may be subject to Union or national public procurement rules. In the interest of legal certainty, it is appropriate to clarify that Member States should ensure compliance with applicable rules on public procurement.

(3)

Article 6 of Delegated Regulation (EU) 2017/40 specifies the conditions for the approval of aid applicants, laying down the written commitments that the applicants have to make. Paragraph 2 of that Article lays down an additional written commitment to be made in the case of aid applications relating only to the supply and/or distribution of products. However, such commitment is also pertinent if the aid applications combine the supply and/or distribution of products and the provision of educational measures. Paragraph 3 of that Article refers to aid applications relating to accompanying educational measures only. It indicates that competent authorities may specify any additional written commitments to be undertaken by aid applicants. However, this should be possible for all aid applicants. Therefore, Article 6 of that Regulation should be amended accordingly. In order to allow Member States sufficient time to adapt the procedures for the approval of aid applicants, it is appropriate to provide that the amendment to the conditions for the approval of aid applicants only applies from the 2022/2023 school year.

(4)

Delegated Regulation (EU) 2017/40 should therefore be amended accordingly,

(1)

in Article 3, paragraphs 1 and 2 are replaced by the following:

(2)

in Article 5(2), the following subparagraph is added:

‘When selecting aid applicants, Member States shall ensure compliance with applicable law, including rules on public procurement.’;

(3)

Article 6 is replaced by the following:

(1)

Article 4(6) of Commission Implementing Regulation (EU) 2017/39 (3) lays down that the amounts claimed in the aid applications are to be supported by documentary evidence showing the price of the products, material or services delivered together with a receipt or proof of payment or equivalent. The price of the product, material or service is not pertinent where a simplified cost option is used, and is not consistent with the objectives of simplification and reduction of the administrative burden of simplified cost options. Therefore, it is appropriate to lay down different requirements for cost-based systems and simplified cost options.

(2)

Article 5 of Implementing Regulation (EU) 2017/39 lays down the conditions for the payment of aid. The required documentary evidence includes, in case of simplified cost options, the proof of payment for the products supplied and/or distributed and for the material or services delivered under the accompanying educational measures, monitoring, and evaluation and publicity activities. However, such documentary evidence is not required in case of cost-based systems. Experience gained shows that such a requirement is not pertinent for the payment of the aid, regardless of whether a cost-based system or a simplified cost option is used, and is not consistent with the objectives of simplification and reduction of the administrative burden through simplified cost options. Therefore, this requirement should be removed.

(3)

In accordance with Article 9(4) of Implementing Regulation (EU) 2017/39, in case of aid applied for relating to the supply and distribution of products and accompanying educational measures, the administrative checks are to be supplemented by on-the-spot checks. Article 10(1) of that Regulation lays down a non-exhaustive list of verifications that the on-the-spot checks are to include in case of aid for the supply and distribution of products. In light of the experience gained, and in the interest of clarity, this non-exhaustive list of verifications to be carried out should be complemented, both for on-the-spot checks in case of aid applied for the supply and distribution of products as well as for accompanying educational measures.

(4)

Implementing Regulation (EU) 2017/39 should therefore be amended accordingly.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

(1)

in Article 4(6), the first subparagraph is replaced by the following:

‘Member States shall specify the documents that shall be submitted in support of aid applications. The amounts claimed in the aid applications shall be supported by documentary evidence showing:

(2)

Article 5 is amended as follows:

(3)

in Article 10, paragraph 1 is replaced by the following:

(1)

Part A of Annex I to Regulation (EU) 2018/956 specifies the data to be monitored and reported by the Member States relating to new heavy-duty vehicles registered for the first time in the Union.

(2)

In order to provide for a thorough analysis in accordance with Article 10 of Regulation (EU) 2018/956, Member States should monitor and report data that allow determining the vehicle axle configuration of reported vehicles on the basis of the number of powered axles. Such data is recorded in entry 3 of the certificate of conformity of a newly registered heavy-duty vehicle.

(3)

That information would allow the Commission to identify vehicles falling within the scope of data reported by the manufacturers pursuant to Article 5 of Regulation (EU) 2018/956 based on information reported by the Member States without necessitating additional exchanges with manufacturers.

(4)

Based on the experience gained from preparing the report in accordance with Article 10 for the reporting period of the year 2019 and in order to provide a thorough analysis of reported data in the coming years, it is necessary that manufacturers report specific data on the behaviour of individual vehicle components during the run of the simulation tool as recorded in the ‘sum exec data file’.

(5)

Annex II to Regulation (EU) 2018/956 sets out the monitoring and reporting procedure.

(6)

Based on the experience gained from the application of Regulation (EU) 2018/956, the European Environment Agency should have the flexibility to adapt the structure and character of the databases to technical progress and should not be bound by specific technical determinations. The descriptive names of the databases should thus be removed from Annex II.

(7)

Regulation (EU) 2018/956 should therefore be amended accordingly,

(1)

Pursuant to Article 17(5) of Regulation (EC) No 110/2008 of the European Parliament and of the Council (2), the Commission has examined Austria’s application of 7 June 2019 for the registration of the name ‘Pregler’/‘Osttiroler Pregler’ as a geographical indication.

(2)

Regulation (EU) 2019/787, which replaces Regulation (EC) No 110/2008, entered into force on 25 May 2019. Under Article 49(1) thereof, Chapter III of Regulation (EC) No 110/2008 on geographical indications is repealed with effect from 8 June 2019.

(3)

After concluding that the application complied with Regulation (EC) No 110/2008, the Commission published the main specifications of the technical file in the Official Journal of the European Union (3) as required by Article 17(6) of that Regulation, in accordance with the first subparagraph of Article 50(4) of Regulation (EU) 2019/787.

(4)

No notice of opposition has been received by the Commission under Article 27(1) of Regulation (EU) 2019/787.

(5)

The name ‘Pregler’/‘Osttiroler Pregler’ should therefore be registered as a geographical indication,

(1)

Regulation (EU) 2016/429 requires that consignments of animals, germinal products and products of animal origin must come from a third country or territory, or zone or compartment thereof, listed in accordance with Article 230(1) of that Regulation in order to enter the Union.

(2)

Commission Delegated Regulation (EU) 2020/692 (2) lays down the animal health requirements with which consignments of certain species and categories of animals, germinal products and products of animal origin from third countries or territories, or zones thereof, or compartments thereof, in the case of aquaculture animals, must comply with in order to enter the Union.

(3)

Commission Implementing Regulation (EU) 2021/404 (3) establishes the lists of third countries, or territories, or zones or compartments thereof, from which the entry into the Union of the species and categories of animals, germinal products and products of animal origin falling within the scope of Delegated Regulation (EU) 2020/692 is permitted.

(4)

More particularly, Annexes V and XIV to Implementing Regulation (EU) 2021/404 set out the lists of third countries, or territories, or zones thereof authorised for the entry into the Union, respectively, of consignments of poultry, germinal products of poultry, and of fresh meat from poultry and game birds.

(5)

The United Kingdom notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located near Bishop’s Waltham, Winchester, Hampshire, England and was confirmed on 4 February 2022 by laboratory analysis (RT-PCR).

(6)

The veterinary authorities of the United Kingdom established a 10 km control zone around the affected establishments and implemented a stamping-out policy in order to control the presence of highly pathogenic avian influenza and limit the spread of that disease.

(7)

The United Kingdom has submitted information to the Commission on the epidemiological situation on its territory and the measures it has taken to prevent the further spread of highly pathogenic avian influenza. That information has been evaluated by the Commission. On the basis of that evaluation, the entry into the Union of consigments of poultry, germinal products of poultry, and fresh meat from poultry and game birds from the areas under restrictions established by the veterinary authorities of the United Kingdom due to the recent outbreaks of highly pathogenic avian influenza should no longer be authorised.

(8)

Annexes V and XIV to Implementing Regulation (EU) 2021/404 should be therefore amended accordingly.

(9)

Taking into account the current epidemiological situation in the United Kingdom as regards highly pathogenic avian influenza and its serious risk of introduction into the Union, the amendments to be made to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency.

(10)

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

(1)

Commission Implementing Regulation (EU) 2021/403 (3) lays down rules regarding animal health certificates provided for in Regulation (EU) 2016/429 and animal health/official certificates based on Regulation (EU) 2016/429 and on Regulation (EU) 2017/625, required for the entry into the Union of terrestrial animals. More particularly, Article 14 of that Implementing Regulation provides that the animal health certificates and animal health/official certificates to be used for the entry into the Union of certain categories of ungulates are to correspond to certain models set out in Annex II thereto. That Article refers, inter alia, to model ‘OV/CAP-X’, set out in Chapter 4 of that Annex, which must be used for the entry into the Union of ovine and caprine animals.

(2)

Commission Implementing Regulation (EU) 2021/404 (4) establishes the lists of third countries, territories or zones thereof, from which the entry into the Union of species and categories of animals that fall within the scope of Commission Delegated Regulation (EU) 2020/692 (5) is permitted. In particular, Article 3 of that Implementing Regulation refers to Part 1 of Annex II thereto setting out the list of third countries, territories or zones thereof, from which the entry into the Union of ungulates is permitted.

(3)

Regulation (EC) No 999/2001 of the European Parliament and of the Council (6) lays down rules for the prevention, control and eradication of transmissible spongiform encephalopathies (TSEs) in animals. More particularly, Chapter E of Annex IX to that Regulation lays down the requirements for the importation into the Union of ovine and caprine animals.

(4)

In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (Withdrawal Agreement), and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, Regulations (EC) No 999/2001, (EU) 2016/429 and (EU) 2017/625, as well as the Commission acts based on them, apply to and in the United Kingdom in respect of Northern Ireland after the end of the transition period provided for in the Withdrawal Agreement. Accordingly, live animals shipped from Great Britain to Northern Ireland are now subject to the regime applicable to imports from any third country.

(5)

Regulation (EU) 2022/175 (7) amended the requirements laid down in Annex IX to Regulation (EC) No 999/2001 for the entry into the Union of ovine and caprine animals intended for breeding, allowing, until 31 December 2024, the entry from Great Britain into Northern Ireland of such animals when they originate from holdings in Great Britain which are engaged in the three-year process to be granted the status of a holding with a controlled risk of classical scrapie. That new import requirement should be reflected in a new specific model certificate for those animals provided for in Implementing Regulation (EU) 2021/403. Accordingly, it is necessary to amend Article 14 and Annex II to that Implementing Regulation.

(6)

In addition, as the new import requirement laid down in Annex IX to Regulation (EC) No 999/2001 only applies to ovine and caprine animals originating from holdings in Great Britain, it is necessary to limit to Great Britain, in Part 1 of Annex II to Implementing Regulation (EU) 2021/404, the use of the new model certificate laid down in Annex II to Implementing Regulation (EU) 2021/403. It is therefore necessary to amend the entries for the United Kingdom in Annex II to Implementing Regulation (EU) 2021/404 accordingly.

(7)

Implementing Regulations (EU) 2021/403 and (EU) 2021/404 should therefore be amended accordingly.

(8)

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

(1)

in Article 14, the following point (m) is added:

(2)

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

(1)

On 7 July 2003, the Council agreed to appoint a European Union Special Representative (EUSR) for the South Caucasus.

(2)

On 13 November 2017, the Council adopted Decision (CFSP) 2017/2071 (1) appointing Mr Toivo KLAAR as the EUSR for the South Caucasus and the crisis in Georgia. The EUSR’s mandate has been successively extended, most recently by Council Decision (CFSP) 2021/285 (2), and is due to expire on 28 February 2022.

(3)

The EUSR’s mandate should be extended for a further period of six months, and a new financial reference amount for the period from 1 March 2022 to 31 August 2022 should be established.

(4)

The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,

(1)

Article 1 is replaced by the following:

(2)

in Article 5(1), the following subparagraph is added:

‘The financial reference amount intended to cover the expenditure related to the EUSR’s mandate for the period from 1 March 2022 to 31 August 2022 shall be EUR 1 462 000.’;

(3)

in Article 14, first paragraph, the second sentence is replaced by the following:

‘The EUSR shall present the Council, the HR and the Commission with regular progress reports and a final comprehensive mandate implementation report by 31 May 2022.’.

(1)

On 24 May 2021, the supplier ZF Friedrichshafen AG (‘the Applicant’) submitted an application for the approval, as an innovative technology, of a technology used in a 48 Volt efficient motor-generator with a 48 Volt/12 Volt DC/DC converter for use in certain not-off vehicle charging hybrid electric passenger cars and light commercial vehicles (NOVC-HEVs).

(2)

The technology used in 48 Volt efficient motor-generators with a 48 Volt/12 Volt DC/DC converter for use in the same type of NOVC-HEVs as referred to by the Applicant, has been approved as an innovative technology pursuant to Regulation (EU) 2019/631 by Commission Implementing Decision (EU) 2020/1167 (2).

(3)

The technology specified by the Applicant in its application is a motor-generator that is directly connected to the transmission input shaft, i.e. an ‘integrated starter generator’, which allows reducing the mechanical losses occurring between the drive source and the generator. It operates only in the engine speed range of the internal combustion engine.

(4)

The technology specified by the Applicant has been found to deliver a high level of efficiency, and should be considered providing the same functionality as that approved by Implementing Decision (EU) 2020/1167. It should therefore be considered as an innovative technology to which the eco-innovation code 32 can be applied.

(5)

The testing methodology set out in Implementing Decision (EU) 2020/1167 is applicable, except for the rotational frequencies and frequencies of the operating points to be used for the measurement of the motor-generator efficiency, which need to be adapted in view of the specific technical characteristics of the technology specified by the Applicant.

(6)

The testing methodology set out in the Annex to Implementing Decision (EU) 2020/1167 should therefore be modified accordingly,

(1)

The Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part (the ‘Interim Association Agreement’) was signed on 24 February 1997 and entered into force on 1 July 1997.

(2)

Pursuant to Article 63 of the Interim Association Agreement, the Joint Committee has the power to take decisions and make appropriate recommendations.

(3)

Article 10 of the Rules of Procedure of the Joint Committee provides for the possibility of taking decisions by written procedure between sessions if both Parties so agree.

(4)

The extension of the EU-PA Action Plan for three years will give the Parties the opportunity to take forward their cooperation for the coming years, including through the possible negotiation of partnership priorities,