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ISSN 1977-0677 |
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Official Journal of the European Union |
L 101 |
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English edition |
Legislation |
Volume 65 |
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(1) Text with EEA relevance. |
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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
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29.3.2022 |
EN |
Official Journal of the European Union |
L 101/1 |
COMMISSION IMPLEMENTING REGULATION (EU) 2022/496
of 28 March 2022
approving the low-risk active substance Spodoptera exigua multicapsid nucleopolyhedrovirus (SeMNPV), isolate BV-0004 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1107/2009, of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1) and in particular Article 13(2) in conjunction with Article 22(1) thereof,
Whereas:
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(1) |
On 8 May 2018, Spain received an application pursuant to Article 7(1) of Regulation (EC) No 1107/2009 from Andermatt Biocontrol Suisse AG for the approval of the active substance Spodoptera exigua multicapsid nucleopolyhedrovirus (SeMNPV), isolate BV-0004. |
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(2) |
In accordance with Article 9(3) of that Regulation, Spain, as rapporteur Member State, notified the applicant, the other Member States, the Commission and the European Food Safety Authority (‘the Authority‘) on 24 September 2018 of the admissibility of the application. |
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(3) |
On 24 March 2020, the rapporteur Member State submitted a draft assessment report to the Commission with a copy to the Authority, assessing whether that active substance can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. |
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(4) |
The Authority complied with Article 12(1) of Regulation (EC) No 1107/2009. In accordance with Article 12(3) of Regulation (EC) No 1107/2009, it requested that the applicant supply additional information to the Member States, the Commission and the Authority. The assessment of the additional information by the rapporteur Member State was submitted to the Authority in the form of an updated draft assessment report on 5 May 2021. |
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(5) |
On 17 September 2021, the Authority communicated to the applicant, the Member States and the Commission its conclusion (2) on whether the active substance Spodoptera exigua multicapsid nucleopolyhedrovirus (SeMNPV), isolate BV-0004 can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Authority made its conclusion available to the public. |
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(6) |
The Commission presented a review report and a draft of this Regulation regarding Spodoptera exigua multicapsid nucleopolyhedrovirus (SeMNPV), isolate BV-0004 to the Standing Committee on Plants, Animals, Food and Feed on 22 October 2021 and 2 December 2021, respectively. |
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(7) |
The Commission invited the applicant to submit its comments on the conclusion of the Authority and, in accordance with Article 13(1) of Regulation (EC) No 1107/2009, on the review report. The applicant submitted its comments, which have been carefully examined. |
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(8) |
It has been established with respect to one or more representative uses of at least one plant protection product containing the active substance, and in particular the uses which were examined and detailed in the review report, that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied. |
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(9) |
The Commission further considers Spodoptera exigua multicapsid nucleopolyhedrovirus (SeMNPV), isolate BV-0004 a low-risk active substance pursuant to Article 22 of Regulation (EC) No 1107/2009. Spodoptera exigua multicapsid nucleopolyhedrovirus (SeMNPV), isolate BV-0004 is a microorganism that fulfils the conditions set in Annex II, point 5.2 to Regulation (EC) No 1107/2009 as it belongs to the Baculoviridae family and has no demonstrated adverse effects on any non-target insects. |
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(10) |
It is therefore appropriate to approve Spodoptera exigua multicapsid nucleopolyhedrovirus (SeMNPV), isolate BV-0004 as a low-risk active substance. |
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(11) |
In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions. |
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(12) |
Commission Directive 2007/50/EC (3) had authorised Spodoptera exigua multicapsid nucleopolyhedrovirus (SeMNPV), under the synonymous name Spodoptera exigua nuclear polyhedrosis virus, as an active substance for use in plant protection products. It was listed under this name in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (4) That approval expired on 30 November 2017. For the sake of clarity, the corresponding entry should be deleted from that Regulation in the light of the present approval of Spodoptera exigua multicapsid nucleopolyhedrovirus (SeMNPV), isolate BV-0004. |
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(13) |
In accordance with Article 13(4) of Regulation (EC) No 1107/2009 in conjunction with Article 22(2) thereof, Implementing Regulation (EU) No 540/2011 should be amended accordingly. |
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(14) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Approval of the active substance
The active substance Spodoptera exigua multicapsid nucleopolyhedrovirus (SeMNPV), isolate BV-0004 is approved subject to the conditions set out in Annex I to this Regulation.
Article 2
Amendments to Implementing Regulation (EU) No 540/2011
The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
Article 3
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 March 2022.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 309, 24.11.2009, p. 1.
(2) EFSA (European Food Safety Authority), 2021. Peer review of the pesticide risk assessment of the active substance Spodoptera exigua multicapsid nucleopolyhedrovirus (SeMNPV) EFSA Journal 2021;19(10):6848
(3) Commission Directive 2007/50/EC of 2 August 2007 amending Council Directive 91/414/EEC to include beflubutamid and Spodoptera exigua nuclear polyhedrosis virus as active substances (OJ L 202, 3.8.2007, p. 15).
(4) Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).
ANNEX I
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Common Name, Identification Numbers |
IUPAC Name |
Purity (1) |
Date of approval |
Expiration of approval |
Specific provisions |
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Spodoptera exigua multicapsid nucleopolyhedrovirus (SeMNPV), isolate BV-0004 |
Not applicable |
The content of the virus in the technical grade active ingredient, produced as an isolated technical material, must be at least 2,0 × 1011 occlusion bodies/g. |
18.4.2022 |
18.4.2037 |
For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on Spodoptera exigua multicapsid nucleopolyhedrovirus (SeMNPV), isolate BV-0004, and in particular Appendices I and II thereto, shall be taken into account. In this overall assessment Member States shall pay particular attention to:
Conditions of use shall include risk mitigation measures, where appropriate. |
(1) Further details on identity and specification of active substance are provided in the review report.
(2) https://ec.europa.eu/food/system/files/2016-10/pesticides_ppp_app-proc_guide_phys-chem-ana_microbial-contaminant-limits.pdf
ANNEX II
The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:
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(a) |
in Part A, entry 159 on Spodoptera exigua nuclear polyhedrosis virus is deleted; |
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(b) |
in Part D, the following entry is added:
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(1) Further details on identity and specification of active substance are provided in the review report.
(2) https://ec.europa.eu/food/system/files/2016-10/pesticides_ppp_app-proc_guide_phys-chem-ana_microbial-contaminant-limits.pdf’
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29.3.2022 |
EN |
Official Journal of the European Union |
L 101/6 |
COMMISSION IMPLEMENTING REGULATION (EU) 2022/497
of 28 March 2022
amending and correcting Annexes I and II to Implementing Regulation (EU) 2021/403 as regards certain model animal health certificates, animal health/official certificates and declarations for the movements between Member States and the entry into the Union of consignments of certain species and categories of terrestrial animals and germinal products thereof
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Article 146(2), Article 156(2), first subparagraph, point (a), and Articles 162(5), 238(3) and 239(3) thereof,
Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (2), and in particular Article 90, first paragraph, points (a) and (b), and Article 126(3) thereof,
Whereas:
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(1) |
Commission Implementing Regulation (EU) 2021/403 (3) establishes model certificates, in the form of animal health certificates, animal health/official certificates and declarations for movements between Member States, and the entry into the Union, of consignments of certain categories of terrestrial animals and germinal products thereof. Those consignments include those falling within the scope of Commission Delegated Regulations (EU) 2020/686 (4), (EU) 2020/688 (5) and (EU) 2020/692 (6). |
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(2) |
Article 6 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates to be used for the movements between Member States of certain categories of ungulates are to correspond to one of the models set out in Annex I thereto, and referred to in that Article, depending on the species concerned. Chapters 7 and 8 of that Annex set out respectively, model animal health certificates for the movements between Member States of an individual equine animal not intended for slaughter (model ‘EQUI-INTRA-IND’), and of a consignment of equine animals (model ‘EQUI-INTRA-CON’). In order to clarify that the clinical examination required before the movement of equine animals to other Member States may be carried out on the last working day prior to their departure only in respect of equine animals referred in Article 92(2) of Delegated Regulation (EU) 2020/688, the respective footnotes (2) and (3) to Part II of the Notes in those models should be corrected. |
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(3) |
Article 7 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates and the animal health/official certificates to be used for the movements between Member States of certain categories of birds and germinal products thereof are to correspond to one of the models set out in Annex I thereto, and referred to in that Article, depending on the categories of birds and products concerned. Chapters 17 and 18 of that Annex set out respectively, model animal health/official certificates for the movements between Member States of breeding poultry and productive poultry (model ‘POU-INTRA-X’), and for the movements between Member States of less than 20 heads of poultry other than ratites or less than 20 hatching eggs of poultry other than ratites (model ‘POU-INTRA-LT20’). The erroneous references to the entry into the Union in points II.2.1 and II.2.1.1 of those respective models should be corrected. |
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(4) |
In addition, Chapters 16 and 18 of Annex I to Implementing Regulation (EU) 2021/403, referred to in Article 7 thereof, set out respectively the model animal health/official certificate for the movement between Member States of day-old chicks (model ‘POU-INTRA-DOC’), and the model animal health/official certificate for the movement between Member States of less than 20 heads of poultry other than ratites or less than 20 hatching eggs of poultry other than ratites (model ‘POU-INTRA-LT20’). Footnote (4) of the Notes to Part II of those models should be corrected to clarify that the measures referred to in Part III, Title 2, Chapter 5, of Delegated Regulation (EU) 2020/692 must be respected in the Member State of destination. Additionally, an obvious mistake as regards the age of birds to be indicated in point II.1.4 of the model POU-INTRA-DOC in Chapter 16 should be corrected. |
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(5) |
Article 8 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates to be used for movements between Member States of certain types of germinal products of bovine animals are to correspond to one of the models set out in Annex I thereto, and referred to in that Article, depending on the type of products concerned. Chapters 23 (model ‘BOV-SEM-A-INTRA’), 26 (model ‘BOV-OOCYTES-EMB-A-INTRA’), 30 (model ‘OV/CAP-SEM-A-INTRA’), and 33 (model ‘OV/CAP-OOCYTES-EMB-A-INTRA’) of that Annex set out model animal health certificates for the movements between Member States of consignments of certain germinal products. Box reference I.30 of the Notes to Part I of those models should be amended to include a description of the tests for infection with bluetongue virus and for epizootic haemorrhagic disease. |
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(6) |
In addition, model ‘BOV-OOCYTES-EMB-A-INTRA’, set out in Chapter 26 of Annex I to Implementing Regulation (EU) 2021/403, is to be used for the movements between Member States of consignments of oocytes and embryos of bovine animals collected or produced, processed and stored in accordance with Regulation (EU) 2016/429 and Delegated Regulation (EU) 2020/686 after 20 April 2021, dispatched by the embryo collection or production team that collected or produced the oocytes or embryos. The erroneous references to ovine and caprine animals in point II.2.5.1 and in Box reference I.30 of the Notes to Part I of that model should be corrected. |
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(7) |
Article 11 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates to be used for the movements between Member States of certain types of germinal products of equine animals are to correspond to one of the models set out in Annex I thereto, and referred to in that Article, depending on the type of products concerned. Chapters 45 and 49 of that Annex set out the model animal health certificates for the movements between Member States respectively, of consignments of semen of equine animals collected, processed and stored in accordance with Regulation (EU) 2016/429 and Delegated Regulation (EU) 2020/686 after 20 April 2021, dispatched from the semen collection centre where the semen was collected (model ‘EQUI-SEM-A-INTRA’), and of consignments of oocytes and embryos of equine animals collected or produced, processed and stored in accordance with Regulation (EU) 2016/429 and Delegated Regulation (EU) 2020/686 after 20 April 2021, dispatched by the embryo collection or production team that collected or produced the oocytes or embryos (model ‘EQUI-OOCYTES-EMB-A-INTRA’). Point II.2.5.2 of those models should be corrected to clarify that donor equine animals of semen, oocytes and embryos must be kept on establishments, instead of on a single establishment, where Venezuelan equine encephalomyelitis, dourine, surra (Trypanosoma evansi), equine infections anaemia, contagious equine metritis (Taylorella equigenitalis), infection with rabies virus and anthrax have not been reported, for a period of at least 30 days prior to the date of first collection of the semen, oocytes or embryos and during the collection period. In addition, Box reference I.30 of the Notes to Part I of model ‘EQUI-SEM-A-INTRA’ should be amended to include a description of the tests. |
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(8) |
Article 13 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates and declarations to be used for the movements between Member States of certain categories of terrestrial animals and certain germinal products thereof are to correspond to one of the models set out in Annex I thereto, and referred to in that Article, depending on the species and categories of products concerned. Chapter 61 of that Annex sets out the model animal health certificate and model declaration for the movement between Member States of dogs, cats and ferrets. Point II.2.2 of that model certificate contains obvious mistakes and requires clarification. It is therefore necessary to correct that model accordingly. |
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(9) |
Annex I to Implementing Regulation (EU) 2021/403 should therefore be amended and corrected accordingly. |
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(10) |
Article 14 of Implementing Regulation (EU) 2021/403 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 one of the models set out in Annex II thereto, and referred to in that Article, depending on the species concerned. Chapter 4 of that Annex sets out the model animal health/official certificate for the entry into the Union of ovine and caprine animals (model ‘OV/CAP-X’). Points II.2.2 and II.2.11.6 of the animal health attestation of that model contain obvious mistakes and require clarification. It is therefore necessary to correct that model accordingly. |
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(11) |
Article 15 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates and animal health/official certificates and declarations accompanying those certificates, to be used for the entry into the Union or transit through the Union of certain categories of equine animals are to correspond to one of the models set out in Annex II thereto, and referred to in that Article, depending on the movements concerned. Chapters 12 to 15 of that Annex set out respectively the model animal health/official certificate and model declaration for the entry into the Union of equine animals not intended for slaughter (model ‘EQUI-X’), the model animal health/official certificate and the model declaration for the entry into the Union of equine animals intended for slaughter (model ‘EQUI-Y’), the model animal health certificate and the model declaration for transit through the Union of equine animals not intended for slaughter (model ‘EQUI-TRANSIT-X’), and the model animal health certificate and the model declaration for transit through the Union of equine animals intended for slaughter (model ‘EQUI-TRANSIT-Y’). In accordance with Article 13 of Delegated Regulation (EU) 2020/692, the period that may elapse between the clinical examination and departure of equine animals, other than registered equine animals, is set at 24 hours for that category of animals. In accordance with Article 3 of Delegated Regulation (EU) 2020/692, the certificate must be issued within the period of 10 days prior to the date of arrival of the consignment at the border control post; in the case of transport by sea, the period may be extended by an additional period corresponding to the duration of the journey by sea. It is therefore necessary to correct those models accordingly. |
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(12) |
In addition, Chapters 16, 17 and 18 of Annex II to Implementing Regulation (EU) 2021/403, referred to in Article 15 thereof, set out respectively the model animal health certificate and model declaration for the re-entry into the Union of registered horses for racing, competition and cultural events after temporary export for a period of not more than 30 days (model ‘EQUI-RE-ENTRY-30’), the model animal health certificate and model declaration for the re-entry into the Union of registered horses for competition after temporary export for a period of not more than 90 days to participate in equestrian events organised under the auspices of the Fédération Equestre Internationale (FEI) (model ‘EQUI-RE-ENTRY-90-COMP’), and the model animal health certificate and model declaration for the re-entry into the Union of registered horses for racing after temporary export for a period of not more than 90 days to participate in specific race events in Australia, Canada, the United States of America, Hong Kong, Japan, Singapore, the United Arab Emirates or Qatar (model ‘EQUI-RE-ENTRY-90-RACE’). In accordance with Article 3 of Delegated Regulation (EU) 2020/692, the certificate must be issued within the period of 10 days prior to the date of arrival of the consignment at the border control post; in the case of transport by sea, the period may be extended by an additional period corresponding to the duration of the journey by sea. It is therefore necessary to correct those models accordingly. |
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(13) |
Article 16 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates to be used for the entry into the Union of ungulates intended for a confined establishment are to correspond to one of the models set out in Annex II thereto, and referred to in that Article, depending on the species concerned. Chapters 19 to 22 of that Annex set out model animal health certificates for the entry into the Union of animals listed in Section 1 of Chapter 19 of Annex II to Implementing Regulation (EU) 2021/403 that are originating from and intended for a confined establishment (model ‘CONFINED-RUM’), animals listed in Section 1 of Chapter 20 of Annex II to Implementing Regulation (EU) 2021/403 that are originating from and intended for a confined establishment (model ‘CONFINED-SUI’), animals listed in Section 1 of Chapter 21 of Annex II to Implementing Regulation (EU) 2021/403 that are originating from and intended for a confined establishment (model ‘CONFINED-TRE’), and animals of the family of Hippopotamidae that are originating from and intended for a confined establishment (model ‘CONFINED-HIPPO’). Point II.1.2 of Part II (Health information) of those models should be amended by the insertion of the missing animal health requirements provided for in Article 34, point (b), of Delegated Regulation (EU) 2020/692, and some other obvious mistakes and unintentional omissions corrected. |
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(14) |
Article 17 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates and animal health/official certificates to be used for the entry into the Union of certain categories of birds and germinal products thereof are to correspond to one of the models set out in Annex II thereto, and referred to in that Article, depending on the categories of birds and products concerned. Chapter 34a of that Annex sets out a model animal health certificate for entry into the Union of racing pigeons immediately released after entry (model ‘RACING PIGEONS-IMMEDIATE RELEASE’). Points II.1.2 and II.1.6 of that model should be corrected to clarify respectively the registration requirement of the establishments of origin as referred to in Article 62(2), point (b), of Delegated Regulation (EU) 2020/692 and the transport conditions for the racing pigeons. |
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(15) |
Article 20 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates to be used for the entry into the Union of certain types of germinal products are to correspond to one of the models set out in Annex II thereto, and referred to in that Article, depending on the type of products concerned. Chapters 39 (model ‘BOV-SEM-A-ENTRY’), 42 (model ‘BOV-OOCYTES-EMB-A-ENTRY’), 48 (‘OV/CAP-SEM-A-ENTRY’), and 50 (model ‘OV/CAP-OOCYTES-EMB-A-ENTRY’) of that Annex set out model animal health certificates for the entry into the Union of consignments of certain germinal products. Box reference I.27 of the Notes to Part I of those models should be amended to include a description of the tests for infection with bluetongue virus and for epizootic haemorrhagic disease. |
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(16) |
In addition, the erroneous numbering in point II.2. of model ‘BOV-OOCYTES-EMB-A-ENTRY’, set out in Chapter 42 of Annex II to Implementing Regulation (EU) 2021/403, should be corrected. |
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(17) |
Additionally, Article 20 of Implementing Regulation (EU) 2021/403 refers to the model animal health certificate for the entry into the Union of consignments of certain germinal products dispatched after 20 April 2021 from the germinal product storage centre (model ‘BOV-GP-STORAGE-ENTRY’), set out in Annex II thereto. The Notes in that model should be corrected so as to cover not only semen of bovine animals, but also oocytes and embryos of those animals. |
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(18) |
Article 21 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates to be used for the entry into the Union of certain types of germinal products of ovine and caprine animals are to correspond to one of the models set out in Annex II thereto, and referred to in that Article. Chapter 53 of that Annex sets out the model animal health certificate for the entry into the Union of consignments of certain germinal products dispatched after 20 April 2021 from the germinal product storage centre (model ‘OV/CAP-GP-STORAGE-ENTRY’). The Notes in that model should be corrected so as to cover semen, oocytes and embryos not only of ovine animals, but also of caprine animals. |
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(19) |
Article 22 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates to be used for the entry into the Union of certain types of germinal products of porcine animals are to correspond to one of the models set out in Annex II thereto, and referred to in that Article. Chapter 54 of that Annex sets out the model animal health certificate for the entry into the Union of consignments of semen of porcine animals collected, processed and stored in accordance with Regulation (EU) 2016/429 and Delegated Regulation (EU) 2020/692 after 20 April 2021, dispatched from the semen collection centre where the semen was collected (model ‘POR-SEM-A-ENTRY’). The erroneous references to a Member State, instead of to a third country or territory, in points II.4.8.3 and II.4.9.3, of that model should be corrected. |
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(20) |
Article 23 of Implementing Regulation (EU) 2021/403 provides that the animal health certificates to be used for the entry into the Union of certain types of germinal products of equine animals are to correspond to one of the models set out in Annex II thereto, and referred to in that Article. Chapters 59 and 63 of that Annex set out model animal health certificates for the entry into the Union of consignments of semen of equine animals collected, processed and stored in accordance with Regulation (EU) 2016/429 and Delegated Regulation (EU) 2020/692 after 20 April 2021, dispatched from the semen collection centre where the semen was collected (model ‘EQUI-SEM-A-ENTRY’), and of oocytes and embryos of equine animals collected or produced, processed and stored in accordance with Regulation (EU) 2016/429 and Delegated Regulation (EU) 2020/692 after 20 April 2021, dispatched by the embryo collection or production team that collected or produced the oocytes or embryos (model ‘EQUI-OOCYTES-EMB-A-ENTRY’). Point II.4.4.2 of those models should be corrected to clarify that donor equine animals of semen, oocytes and embryos must be kept on establishments, instead of on a single establishment, where Venezuelan equine encephalomyelitis, dourine, surra (Trypanosoma evansi), equine infections anaemia, contagious equine metritis (Taylorella equigenitalis), infection with rabies virus and anthrax have not been reported, for a period of at least 30 days prior to the date of first collection of the semen, oocytes or embryos and during the collection period. In addition, Box reference I.27 of the Notes to Part I of model ‘EQUI-SEM-A-ENTRY’ should be amended to include a description of the tests. |
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(21) |
Annex II to Implementing Regulation (EU) 2021/403 should be amended and corrected accordingly. |
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(22) |
Implementing Regulation (EU) 2021/403 should therefore be amended and corrected accordingly. |
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(23) |
In order to avoid any disruption to trade as regards the entry into the Union of consignments concerned by the amendments to be made to Annex II to Implementing Regulation (EU) 2021/403 by this Regulation, the use of animal health certificates, animal health/official certificates and declarations issued in accordance with Implementing Regulation (EU) 2021/403 as applicable prior to the amendments made by this Regulation, should continue to be authorised during a transitional period subject to certain conditions. |
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(24) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes I and II to Implementing Regulation (EU) 2021/403 are amended and corrected in accordance with the Annex to this Regulation.
Article 2
For a transitional period until 15 December 2022, consignments of certain species and categories of terrestrial animals and germinal products thereof, accompanied by appropriate animal health certificates, animal health/official certificates and declarations issued in accordance with the models set out in Chapters 4, 12 to 22, 34a, 39, 42, 47, 48, 50, 53, 54, 59 and 63 of Annex II to Implementing Regulation (EU) 2021/403, as applicable before the amendments made to that Implementing Regulation by this Regulation, shall continue to be authorised for the entry into the Union provided that those certificates and declarations were issued no later than 15 September 2022.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 March 2022.
For the Commission
The President
Ursula VON DER LEYEN
(3) Commission Implementing Regulation (EU) 2021/403 of 24 March 2021 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates and model animal health/official certificates, for the entry into the Union and movements between Member States of consignments of certain categories of terrestrial animals and germinal products thereof, official certification regarding such certificates and repealing Decision 2010/470/EU (OJ L 113, 31.3.2021, p. 1).
(4) Commission Delegated Regulation (EU) 2020/686 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards the approval of germinal product establishments and the traceability and animal health requirements for movements within the Union of germinal products of certain kept terrestrial animals (OJ L 174, 3.6.2020, p. 1).
(5) Commission Delegated Regulation (EU) 2020/688 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council, as regards animal health requirements for movements within the Union of terrestrial animals and hatching eggs (OJ L 174, 3.6.2020, p. 140).
(6) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).
ANNEX
Annexes I and II to Implementing Regulation (EU) 2021/403 are amended and corrected as follows:
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(1) |
Annex I is amended and corrected as follows:
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|
(2) |
Annex II is amended and corrected as follows:
|
DECISIONS
|
29.3.2022 |
EN |
Official Journal of the European Union |
L 101/34 |
COMMISSION IMPLEMENTING DECISION (EU) 2022/498
of 22 March 2022
amending Implementing Decision (EU) 2020/167 as regards harmonised standards for avalanche beacons, satellite earth stations and systems, land mobile earth stations, maritime mobile earth stations, IMT cellular networks equipment, fixed radio systems, digital terrestrial TV transmitters, mobile communication on board aircraft systems, multi Gbps radio equipment, broadcast sound receivers, audio frequency induction loop drivers, primary surveillance radars and TETRA radio equipment
(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 16 of Directive 2014/53/EU of the European Parliament and of the Council (2), radio equipment 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 essential requirements set out in Article 3 of that Directive covered by those standards or parts thereof. |
|
(2) |
By Implementing Decision C(2015) 5376 (3), the Commission made a request to the European Committee for Electrotechnical Standardisation (Cenelec) and the European Telecommunications Standards Institute (ETSI) for the drafting and revision of harmonised standards for radio equipment in support of Directive 2014/53/EU (‘the request’). |
|
(3) |
On the basis of the request, ETSI drafted the following new harmonised standards: EN 300 718-1 V2.2.1 for avalanche beacons, EN 303 345-3 V1.1.1 and EN 303 345-4 V1.1.1 for broadcast sound receivers, EN 303 348 V1.2.1 for audio frequency induction loop drivers, EN 303 364-2 V1.1.1 for primary surveillance radars, EN 303 372-1 V1.2.1, EN 303 372-2 V1.2.1, EN 303 413 V1.2.1, EN 303 980 V1.2.1 and EN 303 981 V1.2.1 for satellite stations and systems and EN 303 758 V1.1.1 for TETRA radio equipment. |
|
(4) |
On the basis of the request, ETSI revised the following harmonised standards: EN 301 444 V2.1.2, EN 301 908-15 V11.1.2, EN 302 296-2 V1.2.1, EN 302 480 V2.1.2 and EN 302 567 V1.2.1, the references of which have been published in the C series of the Official Journal of the European Union by Commission communication 2018/C 326/04 (4). This resulted in the adoption of the following revised harmonised standards: EN 301 444 V2.2.1 for satellite stations and systems, EN 301 908-15 V15.1.1 for IMT cellular networks, EN 302 296 V2.2.1 for digital terrestrial TV transmitters, EN 302 480 V2.2.1 for mobile communication on board aircraft systems and EN 302 567 V2.2.1 for multi Gbps radio equipment. |
|
(5) |
On the basis of the request, ETSI also revised the following harmonised standards for IMT cellular networks: EN 301 908-1 V13.1.1, EN 301 908-14 V13.1.1 and EN 301 908-18 V13.1.1, the references of which have been added in Annex I to Commission Implementing Decision (EU) 2020/167 (5). This resulted in the adoption of the following revised harmonised standards: EN 301 908-1 V15.1.1, EN 301 908-14 V15.1.1 and EN 301 908-18 V15.1.1. In addition, ETSI revised the harmonised standard EN 302 217-2 V3.2.2 for fixed radio systems, the reference of which has been added in Annex II to Implementing Decision (EU) 2020/167. This resulted in the adoption of the revised harmonised standard EN 302 217-2 V3.3.1. |
|
(6) |
The Commission, together with ETSI, has assessed whether those new and revised harmonised standards comply with the request. |
|
(7) |
Harmonised standards EN 301 908-14 V15.1.1, EN 301 908-15 V15.1.1, EN 301 908-18 V15.1.1, EN 302 217-2 V3.3.1, EN 302 480 V2.2.1, EN 302 567 V2.2.1, EN 303 345-3 V1.1.1, EN 303 345-4 V1.1.1, EN 303 348 V1.2.1, EN 303 372-2 V1.2.1, EN 303 413 V1.2.1 and EN 303 758 V1.1.1 satisfy the essential requirements which they aim to cover and which are set out in Article 3 of Directive 2014/53/EU. It is therefore appropriate to publish the references of those standards in the Official Journal of the European Union. |
|
(8) |
Harmonised standard EN 300 718-1 V2.2.1, in the last sentence of clause 5.1.3.1, does not specify all the conditions for verification mechanisms, allowing for a subjective interpretation of the specifications laid down therein. In addition, it does not lay down any requirements relating to the spurious response rejection, which is a receiver parameter that may be related to the production of harmful interferences. The reference of that harmonised standard should therefore be published in the Official Journal of the European Union with restriction. |
|
(9) |
Harmonised standard EN 301 444 V2.2.1, in second paragraph of clause 5.2.1, does not provide for any verification criteria for fulfilment of the specifications laid down therein, allowing uncertainty in terms of results. In addition, it provides, in clause 5.2.2.3.1, specifications as regards the installation of the equipment, which is not the objective of a harmonised standard. Finally, in the first paragraph of clause 5.2.3, the first paragraph of clause 5.2.4 and the first paragraph of clause 5.2.5, it allows the manufacturer to modify the equipment with the purpose of testing, which may lead to imprecise results and create a high degree of uncertainty. The reference of that harmonised standard should therefore be published in the Official Journal of the European Union with restriction. |
|
(10) |
Harmonised standard EN 301 908-1 V15.1.1, in note 3 to clause 5.3.2.1, allows the manufacturer to select an alternative testing methodology to the one laid down in that standard. This may lead to different testing results and creates legal uncertainty. The reference of that harmonised standard should therefore be published in the Official Journal of the European Union with restriction. |
|
(11) |
Harmonised standard EN 302 296 V2.2.1, in clause 5.4.2.5, describes an imprecise testing set-up by means of a coupling device, which creates a high degree of uncertainty in the interpretation of the results. The reference of that harmonised standard should therefore be published in the Official Journal of the European Union with restriction. |
|
(12) |
Harmonised standard EN 303 364-2 V1.1.1, in clauses 4.2.1.4 and 5.3.1.5, describes a particular scenario of power transfer between the transmitter and the antenna by means of WR284/WG10/R32 waveguides, which means that it covers only part of the scope of the essential requirements that it is intended to cover. The reference of that harmonised standard should therefore be published in the Official Journal of the European Union with restriction. |
|
(13) |
Harmonised standard EN 303 372-1 V1.2.1, in clause 4.3.5, provides that it is not applicable under certain technical conditions for which no mitigation measures are provided as regards the avoidance of harmful interferences. This may lead to harmful interference with satellite networks and other services. The reference of that harmonised standard should therefore be published in the Official Journal of the European Union with restriction. |
|
(14) |
Harmonised standard EN 303 980 V1.2.1, in the second sentence of clause 6.1.1, allows the manufacturer to select an alternative testing methodology to the one laid down in that standard. This may lead to different testing results and may create legal uncertainty. The reference of that harmonised standard should therefore be published in the Official Journal of the European Union with restriction. |
|
(15) |
Harmonised standard EN 303 981 V1.2.1, in the second sentence of clause 6.1.1, allows the manufacturer to select an alternative testing methodology to the one laid down in that standard. This may lead to different testing results and may create legal uncertainty. The reference of that harmonised standard should therefore be published in the Official Journal of the European Union with restriction. |
|
(16) |
Annex I to Implementing Decision (EU) 2020/167 lists the references of harmonised standards for radio equipment drafted in support of Directive 2014/53/EU that are published in the Official Journal of the European Union, while Annex II to that Implementing Decision lists the references of such harmonised standards that are published in the Official Journal of the European Union with restriction. |
|
(17) |
In order to ensure that the references of harmonised standards drafted in support of Directive 2014/53/EU are listed in one act, the references of harmonised standards EN 301 908-14 V15.1.1, EN 301 908-15 V15.1.1, EN 301 908-18 V15.1.1, EN 302 217-2 V3.3.1, EN 302 480 V2.2.1, EN 302 567 V2.2.1, EN 303 345-3 V1.1.1, EN 303 345-4 V1.1.1, EN 303 348 V1.2.1, EN 303 372-2 V1.2.1, EN 303 413 V1.2.1 and EN 303 758 V1.1.1 should be included in Annex I to Implementing Decision (EU) 2020/167 and the references of harmonised standards EN 300 718-1 V2.2.1, EN 301 444 V2.2.1, EN 301 908-1 V15.1.1, EN 302 296 V2.2.1, EN 303 364-2 V1.1.1, EN 303 372-1 V1.2.1, EN 303 980 V1.2.1 and EN 303 981 V1.2.1 should be included in Annex II to that Implementing Decision. |
|
(18) |
Harmonised standards EN 301 444 V2.2.1, EN 301 908-1 V15.1.1, EN 301 908-14 V15.1.1, EN 301 908-15 V15.1.1, EN 301 908-18 V15.1.1, EN 302 217-2 V3.3.1, EN 302 296 V2.2.1, EN 302 480 V2.2.1 and EN 302 567 V2.2.1 replace harmonised standards EN 301 444 V2.1.2, EN 301 908-1 V13.1.1, EN 301 908-14 V13.1.1, EN 301 908-15 V11.1.2, EN 301 908-18 V13.1.1, EN 302 217-2 V3.2.2, EN 302 296-2 V1.2.1, EN 302 480 V2.1.2 and EN 302 567 V1.2 respectively. |
|
(19) |
It is therefore necessary to withdraw the references of harmonised standards EN 301 444 V2.1.2, EN 301 908-15 V11.1.2, EN 302 296-2 V1.2.1, EN 302 480 V2.1.2 and EN 302 567 V1.2.1, from the C series of the Official Journal of the European Union (6). Annex III to Implementing Decision (EU) 2020/167 lists the references of harmonised standards for radio equipment drafted in support of Directive 2014/53/EU that are withdrawn from the C series of the Official Journal of the European Union. It is therefore appropriate to include those references in that Annex. |
|
(20) |
It is also necessary to withdraw the references of harmonised standards EN 301 908-1 V13.1.1, EN 301 908-14 V13.1.1, EN 301 908-18 V13.1.1 and EN 302 217-2 V3.2.2 from the L series of the Official Journal of the European Union. It is therefore appropriate to delete those references from Annexes I and II to Implementing Decision (EU) 2020/167. |
|
(21) |
In order to give manufacturers sufficient time to prepare for the application of harmonised standards EN 301 444 V2.2.1, EN 301 908-1 V15.1.1, EN 301 908-14 V15.1.1, EN 301 908-15 V15.1.1, EN 301 908-18 V15.1.1, EN 302 217-2 V3.3.1, EN 302 296 V2.2.1, EN 302 480 V2.2.1 and EN 302 567 V2.2.1, it is necessary to defer the withdrawal of the references of harmonised standards EN 301 444 V2.1.2, EN 301 908-1 V13.1.1, EN 301 908-14 V13.1.1, EN 301 908-15 V11.1.2, EN 301 908-18 V13.1.1, EN 302 217-2 V3.2.2, EN 302 296-2 V1.2.1, EN 302 480 V2.1.2 and EN 302 567 V1.2.1. |
|
(22) |
Implementing Decision (EU) 2020/167 should therefore be amended accordingly. |
|
(23) |
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 as a matter of urgency, |
HAS ADOPTED THIS DECISION:
Article 1
Implementing Decision (EU) 2020/167 is amended as follows:
|
(1) |
Annex I is amended in accordance with Annex I to this Decision; |
|
(2) |
Annex II is amended in accordance with Annex II to this Decision; |
|
(3) |
Annex III is amended in accordance with Annex III 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.
Done at Brussels, 22 March 2022.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 316, 14.11.2012, p. 12.
(2) Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).
(3) Commission Implementing Decision C(2015) 5376 of 4 August 2015 on a standardisation request to the European Committee for Electrotechnical Standardisation and to the European Telecommunications Standards Institute as regards radio equipment in support of Directive 2014/53/EU of the European Parliament and of the Council.
(4) Commission communication in the framework of the implementation of Directive 1999/5/EC of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity and Directive 2014/53/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (Publication of titles and references of harmonised standards under Union harmonisation legislation) (OJ C 326, 14.9.2018, p. 114).
(5) Commission Implementing Decision (EU) 2020/167 of 5 February 2020 on the harmonised standards for radio equipment drafted in support of Directive 2014/53/EU of the European Parliament and of the Council (OJ L 34, 6.2.2020, p. 46).
ANNEX I
Annex I to Implementing Decision (EU) 2020/167 is amended as follows:
|
(1) |
entry 4 is deleted; |
|
(2) |
the following entry 4a is inserted:
|
|
(3) |
entry 6 is deleted; |
|
(4) |
the following entry 6a is inserted:
|
|
(5) |
entry 7 is deleted; |
|
(6) |
the following entry 7a is inserted:
|
|
(7) |
the following entries are added:
|
ANNEX II
Annex II to Implementing Decision (EU) 2020/167 is amended as follows:
|
(1) |
entry 5 is deleted; |
|
(2) |
the following entries are added:
|
ANNEX III
In Annex III to Implementing Decision (EU) 2020/167, the following entries are added:
|
No |
Reference of the standard |
Date of withdrawal |
|
‘22. |
EN 301 444 V2.1.2 Satellite Earth Stations and Systems (SES); Harmonised Standard for Land Mobile Earth Stations (LMES) providing voice and/or data communications, operating in the 1,5 GHz and 1,6 GHz frequency bands covering the essential requirements of article 3.2 of the Directive 2014/53/EU |
29 September 2023 |
|
23. |
EN 301 908-1 V13.1.1 IMT cellular networks; Harmonised Standard for access to radio spectrum; Part 1: Introduction and common requirements |
29 September 2023 |
|
24. |
EN 301 908-14 V13.1.1 IMT cellular networks; Harmonised Standard for access to radio spectrum; Part 14: Evolved Universal Terrestrial Radio Access (E-UTRA) Base Stations (BS) |
29 September 2023 |
|
25. |
EN 301 908-15 V11.1.2 IMT cellular networks; Harmonised Standard covering the essential requirements of article 3.2 of Directive 2014/53/EU; Part 15: Evolved Universal Terrestrial Radio Access (E-UTRA FDD) Repeaters |
29 September 2023 |
|
26. |
EN 301 908-18 V13.1.1 IMT cellular networks; Harmonised Standard for access to radio spectrum; Part 18: E-UTRA, UTRA and GSM/EDGE Multi-Standard Radio (MSR) Base Station (BS) |
29 September 2023 |
|
27. |
EN 302 217-2 V3.2.2 Fixed Radio Systems; Characteristics and requirements for point-to-point equipment and antennas; Part 2: Digital systems operating in frequency bands from 1 GHz to 86 GHz; Harmonised Standard for access to radio spectrum |
29 September 2023 |
|
28. |
EN 302 296-2 V1.2.1 Electromagnetic compatibility and Radio spectrum Matters (ERM); Transmitting equipment for the digital television broadcast service, Terrestrial (DVB-T); Part 2: Harmonized EN covering the essential requirements of article 3.2 of the R&TTE Directive |
29 September 2023 |
|
29. |
EN 302 480 V2.1.2 Mobile Communication On Board Aircraft (MCOBA) systems; Harmonised Standard covering the essential requirements of article 3.2 of Directive 2014/53/EU |
29 September 2023 |
|
30. |
EN 302 567 V1.2.1 Broadband Radio Access Networks (BRAN); 60 GHz Multiple-Gigabit WAS/RLAN Systems; Harmonized EN covering the essential requirements of article 3.2 of the R&TTE Directive |
29 September 2023’ |
|
29.3.2022 |
EN |
Official Journal of the European Union |
L 101/43 |
COMMISSION IMPLEMENTING DECISION (EU) 2022/499
of 23 March 2022
approving amendments to national plans, as regards Cyprus and Slovenia, for the implementation of the validation systems in accordance with Council Regulation (EC) No 1224/2009
(notified under document C(2022)1844)
(Only the Greek and Slovenian texts are authentic)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (1), and in particular Article 109(8) thereof,
Having regard to the submission of amendments to the national plans for the implementation of the validation systems by Cyprus and Slovenia,
Whereas:
|
(1) |
Pursuant to Article 109(8) of Regulation (EC) No 1224/2009 Member States are to establish national plans for the implementation of the validation system for data recorded in accordance with that Regulation, which allow Member States to make priorities for the validation and cross-checks and subsequent follow-up on inconsistencies based on risk management. Amendments to those plans are to be submitted to the Commission for approval. |
|
(2) |
On 23 June 2021, Slovenia submitted for approval to the Commission amendments to its existing national plan that had been approved by Commission Implementing Decision 2013/82/EU (2). Those amendments comply with the conditions laid down in Article 109 of Regulation (EC) No 1224/2009 and in Articles 143 to 145 of Commission Implementing Regulation (EU) No 404/2011 (3). They should therefore be approved. |
|
(3) |
On 3 September 2021, Cyprus submitted for approval to the Commission amendments to its existing national plan that had been approved by Implementing Decision 2013/82/EU. Those amendments comply with the conditions laid down in Article 109 of Regulation (EC) No 1224/2009 and in Articles 143 to 145 of Implementing Regulation (EU) No 404/2011. They should therefore be approved. |
|
(4) |
This Decision constitutes the approval decision within the meaning of Article 109(8) of Regulation (EC) No 1224/2009. |
|
(5) |
The Commission will monitor the application of the national plans with respect to their effective operation. If the findings of the verifications, inspections and audits carried out by the Commission within the framework of Title X of Regulation (EC) No 1224/2009 show that the plans do not have the capacity to ensure that data reported to the Commission in accordance with Article 33 of Regulation (EC) No 1224/2009 are complete, accurate and reported within the applicable deadlines, the Commission may request the Member States to amend their plan accordingly. |
HAS ADOPTED THIS DECISION:
Article 1
The amendments to the national plan for the implementation of the validation system submitted on 3 September 2021 by Cyprus, in accordance with Article 109(8) of Regulation (EC) No 1224/2009, are approved.
Article 2
The amendments to the national plan for the implementation of the validation system submitted on 23 June 2021 by Slovenia, in accordance with Article 109(8) of Regulation (EC) No 1224/2009, are approved.
Article 3
If, on the basis of the findings of the verifications, inspections and audits carried out within the framework of Title X of Regulation (EC) No 1224/2009, the Commission considers that the validation plans approved in accordance with Articles 1 and 2 do not ensure effective implementation by Member States of the obligations laid down in Article 109 of Regulation (EC) No 1224/2009, it may, after having consulted the Member States concerned, request the amendment of the plans. Member States shall amend their validation plan in accordance with such request.
Article 4
This Decision is addressed to the Republic of Cyprus and to the Republic of Slovenia.
Done at Brussels, 23 March 2022.
For the Commission
Virginijus SINKEVIČIUS
Member of the Commission
(1) OJ L 343, 22.12.2009, p. 1.
(2) Commission Implementing Decision 2013/82/EU of 13 February 2013 on the approval by the Commission of national plans for the implementation of the validation systems in accordance with Article 109(8) of Council Regulation (EC) No 1224/2009 (OJ L 44, 15.2.2013, p. 18).
(3) Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1).
|
29.3.2022 |
EN |
Official Journal of the European Union |
L 101/45 |
COMMISSION IMPLEMENTING DECISION (EU) 2022/500
of 25 March 2022
establishing the military aggression of Russia against Ukraine as the occurrence of an exceptional event causing a significant disruption of markets
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 (1), and in particular Article 26(2), second subparagraph, thereof,
Whereas:
|
(1) |
The military aggression of Russia against Ukraine since 24 February 2022 is impacting on operators of the fishery and aquaculture sector in the Union. The disruption of trade flows of key commodities for the fishery and aquaculture sector from Russia and Ukraine suddenly aggravated the increase of prices of key inputs such as energy and raw materials. Trade between Ukraine and the Union is also severely affected by the unavailability of transport as Ukrainian airports suffered under the Russian attack and all commercial shipping operations in Ukrainian ports have been suspended. This crisis is likely to have serious consequences on the supply of grain, vegetable oils and white fish from Ukraine and Russia to the Union, leading to a strong increase in fish feed prices that adds to current soaring prices for energy, or to shortages of key raw materials. A part of the Union fleet has ceased fishing, given the decrease in profitability of that activity and the impossibility of compensating the increase in input costs. Fishing vessels operating in the Black Sea are also facing the threat of possible military activities, therefore leading to a precautionary suspension of their activity. The combined impact of those cost increases and shortages is also felt by the seafood farming and processing sectors. There is therefore a significant market disruption caused by important cost increases and trade disruptions that requires effective and efficient action. |
|
(2) |
Pursuant to Article 26(2) of Regulation (EU) 2021/1139, in such circumstances, the European Maritime, Fisheries and Aquaculture Fund (EMFAF) may support compensation for certain costs which are not otherwise eligible for such compensation, for operators of the fishery and aquaculture sector for their income foregone or additional costs, and for recognised producer organisations and associations of producer organisations which store fishery products in accordance with Articles 30 and 31 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council (2). |
|
(3) |
In accordance with the first subparagraph of Article 26(2) of Regulation (EU) 2021/1139, the specific support regime in case of such disruption of markets is limited to the specific objective of promoting marketing, quality and added value of fishery and aquaculture products, as well as processing of those products. In accordance with the second subparagraph of that Article 26(2), the support regime applies only where the Commission establishes the occurrence of an exceptional event causing such disruption. |
|
(4) |
It is therefore appropriate to establish that the military aggression of Russia against Ukraine is an exceptional event causing a significant disruption of markets. |
|
(5) |
Pursuant to Article 39 of Regulation (EU) 2021/1139, compensation for additional costs or income foregone and other compensation provided under that Regulation is to be granted under any of the forms referred to in points (b) to (e) of Article 53(1) of Regulation (EU) 2021/1060 of the European Parliament and of the Council (3). The methodologies established by Member States for this purpose are to comply with Article 53(3) of that Regulation. |
|
(6) |
Pursuant to Article 63(2) of Regulation (EU) 2021/1060, expenditure is eligible for a contribution from the EMFAF if it has been incurred by a beneficiary and paid in implementing operations between the date of submission of the EMFAF programme by the Member State to the Commission or from 1 January 2021, whichever is earlier, and 31 December 2029. However, expenditure incurred as a result of the disruption of markets caused by the exceptional event whose occurrence is established by this Decision should be eligible for support under Article 26(2) of Regulation (EU) 2021/1139 as of 24 February 2022, which is the date of the start of the military aggression of Russia against Ukraine. As regards the incurrence of expenditure, since the effects of the disruption of markets are likely to affect operators of the fishery and aquaculture sectors for several months, expenditure should be eligible if it is incurred until 31 December 2022. |
|
(7) |
In light of the need for swift implementation of the support referred to in Article 26(2) of Regulation (EU) 2021/1139, this Decision should enter into force on the day following that of its publication, |
HAS ADOPTED THIS DECISION:
Article 1
For the purposes of Article 26(2) of Regulation (EU) 2021/1139, the military aggression of Russia against Ukraine since 24 February 2022 shall be considered as the occurrence of an exceptional event causing a significant disruption of markets.
Article 2
Expenditure, whose support is allowed as a result of this Decision, shall be eligible if it is incurred between 24 February and 31 December 2022, and paid until 31 December 2029.
Article 3
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 25 March 2022.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 247, 13.7.2021, p. 1.
(2) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).
(3) Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).