ISSN 1977-0677
Official Journal
of the European Union
L 201
English edition
Legislation
Volume 65
1 August 2022
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ISSN 1977-0677 |
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Official Journal of the European Union |
L 201 |
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English edition |
Legislation |
Volume 65 |
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Corrigenda |
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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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1.8.2022 |
EN |
Official Journal of the European Union |
L 201/1 |
COUNCIL REGULATION (EU) 2022/1329
of 28 July 2022
amending Regulation (EU) No 377/2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Decision (CFSP) 2022/1335 of 28 July 2022 amending Decision 2012/285/CFSP concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau (1),
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
Whereas:
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(1) |
Council Regulation (EU) No 377/2012 (2) gives effect to Council Decision 2012/285/CFSP (3) and provides for certain measures directed against persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau, including the freezing of their assets. |
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(2) |
Decision (CFSP) 2022/1335 amends the title of Decision 2012/285/CFSP. |
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(3) |
Regulatory action at Union level is therefore necessary in order to give effect to Decision (CFSP) 2022/1335, in particular with a view to ensuring uniform application by economic operators in all Member States. |
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(4) |
Regulation (EU) No 377/2012 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
The title of Regulation (EU) No 377/2012 is replaced by ‘Council Regulation (EU) No 377/2012 of 3 May 2012 concerning restrictive measures in view of the situation in Guinea-Bissau’.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 July 2022.
For the Council
The President
M. BEK
(1) See page 29 of this Official Journal.
(2) Council Regulation (EU) No 377/2012 of 3 May 2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau (OJ L 119, 4.5.2012, p. 1).
(3) Council Decision 2012/285/CFSP of 31 May 2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau and repealing Decision 2012/237/CFSP (OJ L 142, 1.6.2012, p. 36).
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1.8.2022 |
EN |
Official Journal of the European Union |
L 201/3 |
COUNCIL IMPLEMENTING REGULATION (EU) 2022/1330
of 28 July 2022
implementing Article 11(1) of Regulation (EU) No 377/2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 377/2012 of 3 May 2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau (1), and in particular Article 11(1) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
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(1) |
On 3 May 2012, the Council adopted Regulation (EU) No 377/2012. |
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(2) |
The Council considers that nine persons should be removed from the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) No 377/2012. |
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(3) |
Regulation (EU) No 377/2012 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EU) No 377/2012 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 July 2022.
For the Council
The President
M. BEK
ANNEX
In Annex I to Regulation (EU) No 377/2012, the entries concerning the persons listed below are deleted:
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‘6. |
General Augusto MÁRIO CÓ |
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7. |
General Saya Braia Na NHAPKA |
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8. |
Colonel Tomás DJASSI |
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9. |
Cranha DANFÁ |
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10. |
Colonel Celestino de CARVALHO |
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14. |
Tcham NA MAN (a.k.a. Namam) |
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15. |
Major Samuel FERNANDES |
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18. |
Commander (Navy) Agostinho Sousa CORDEIRO |
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20. |
Lieutenant Lassana CAMARÁ’. |
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1.8.2022 |
EN |
Official Journal of the European Union |
L 201/5 |
COUNCIL IMPLEMENTING REGULATION (EU) 2022/1331
of 28 July 2022
implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Regulation (EC) No 329/2007 (1), and in particular Articles 47(2) and 47(5) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
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(1) |
On 30 August 2017, the Council adopted Regulation (EU) 2017/1509. |
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(2) |
In accordance with Article 47a(1) of Regulation (EU) 2017/1509, the Council has reviewed the lists of designated persons and entities set out in Annexes XV, XVI, XVII and XVIII to that Regulation. |
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(3) |
The restrictive measures against all persons and entities in the lists set out in Annexes XV and XVI to Regulation (EU) 2017/1509 should be maintained, with the exception of one deceased person designated in Annex XV to Regulation (EU) 2017/1509, whose entry should be removed from that Annex. The statement of reasons for 17 persons and one entity, and the identifying information for 59 persons and five entities should be updated. |
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(4) |
On 30 June 2022, the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 1718 (2006) updated the information relating to one person in the list set out in Annex XIII to Regulation (EU) 2017/1509. |
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(5) |
Regulation (EU) 2017/1509 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes XIII, XV and XVI to Regulation (EU) 2017/1509 are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 July 2022.
For the Council
The President
M. BEK
ANNEX
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(1) |
In Annex XIII to Regulation (EU) 2017/1509, under the heading ‘List of persons, entities and bodies referred to in Article 34(1) and 34(3)’, subheading ‘(a) Natural persons’, entry 29 is replaced by the following:
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(2) |
Annex XV to Regulation (EU) 2017/1509 is amended as follows:
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(3) |
Annex XVI to Regulation (EU) 1509/2017 is amended as follows:
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1.8.2022 |
EN |
Official Journal of the European Union |
L 201/23 |
COMMISSION IMPLEMENTING REGULATION (EU) 2022/1332
of 26 July 2022
approving non-minor amendments to the product specification for a name entered in the register of protected designations of origin and protected geographical indications [‘Beurre Charentes-Poitou / Beurre des Charentes / Beurre des Deux-Sèvres’ (PDO)]
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
Whereas:
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(1) |
Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission examined France’s application for the approval of amendments to the specification for the protected designation of origin ‘Beurre Charentes-Poitou / Beurre des Charentes / Beurre des Deux-Sèvres’, registered under Commission Regulation (EC) No 1107/96 (2). |
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(2) |
Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation. |
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(3) |
As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved, |
HAS ADOPTED THIS REGULATION:
Article 1
The amendments to the product specification published in the Official Journal of the European Union regarding the name ‘Beurre Charentes-Poitou / Beurre des Charentes / Beurre des Deux-Sèvres’ (PDO) are hereby approved.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 2022.
For the Commission,
On behalf of the President,
Janusz WOJCIECHOWSKI
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
(2) Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 148, 21.6.1996, p. 1).
DECISIONS
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1.8.2022 |
EN |
Official Journal of the European Union |
L 201/25 |
COUNCIL DECISION (CFSP) 2022/1333
of 28 July 2022
amending Decision (CFSP) 2019/2110 on the European Union CSDP Advisory Mission in the Central African Republic (EUAM RCA)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 42(4) and Article 43(2) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
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(1) |
On 9 December 2019, the Council adopted Decision (CFSP) 2019/2110 (1), which established the European Union CSDP Advisory Mission in the Central African Republic (EUAM RCA) with an initial mandate until 8 August 2022, 2 years after the launch of EUAM RCA. |
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(2) |
On 12 April 2022, on the basis of the Holistic Strategic Review of the EU Military Training Mission in the Central African Republic (EUTM RCA) and of EUAM RCA, the Political and Security Committee (PSC) recommended that the mandate of EUAM RCA be extended until 9 August 2024. On 11 May 2022, the PSC agreed that the mandate of EUAM RCA should be adjusted to the situation in the Central African Republic. |
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(3) |
Decision (CFSP) 2019/2110 should be amended accordingly. |
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(4) |
EUAM RCA will be conducted 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 on European Union, |
HAS ADOPTED THIS DECISION:
Article 1
Decision (CFSP) 2019/2110 is amended as follows;
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(1) |
in Article 2, paragraph 1 is replaced by the following: ‘1. The strategic objectives of EUAM RCA shall be to:
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(2) |
in Article 13, paragraph 1 is replaced by the following: ‘1. The financial reference amount intended to cover the expenditure related to EUAM RCA for the period from 9 December 2019 until 8 August 2022 shall be EUR 30 352 481,10. The financial reference amount intended to cover the expenditure related to EUAM RCA for the period from 9 August 2022 until 9 August 2024 shall be EUR 28 400 000,00.’; |
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(3) |
in Article 17, the second paragraph is replaced by the following: ‘It shall expire on 9 August 2024.’. |
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 28 July 2022.
For the Council
The President
M. BEK
(1) Council Decision (CFSP) 2019/2110 of 9 December 2019 on the European Union CSDP Advisory Mission in the Central African Republic (EUAM RCA) (OJ L 318, 10.12.2019, p. 141).
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1.8.2022 |
EN |
Official Journal of the European Union |
L 201/27 |
COUNCIL DECISION (CFSP) 2022/1334
of 28 July 2022
amending Decision (CFSP) 2016/610 on a European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 42(4) and Article 43(2) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
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(1) |
On 19 April 2016, the Council adopted Decision (CFSP) 2016/610 (1), which established the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) with a mandate until 19 September 2018, 24 months after EUTM RCA reached full operational capability. |
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(2) |
On 30 July 2020, the Council adopted Decision (CFSP) 2020/1133 (2), which extended the mandate of EUTM RCA until 19 September 2022. |
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(3) |
On 12 April 2022, on the basis of the Holistic Strategic Review of EUTM RCA and of the European Union CSDP Advisory Mission in the Central African Republic (EUAM RCA), the Political and Security Committee (PSC) recommended that the mandate of EUTM RCA be extended until 20 September 2023. On 11 May 2022, the PSC agreed that the mandate of EUTM RCA should be adjusted to the situation in the Central African Republic. |
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(4) |
Decision (CFSP) 2016/610 should be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Decision (CFSP) 2016/610 is amended as follows:
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(1) |
in Article 1, paragraph 2 is replaced by the following: ‘2. Working towards the goal of modernised, effective and democratically accountable Central African Armed Forces (FACA), EUTM RCA shall provide:
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(2) |
in Article 10, the following paragraph is added: ‘5. The financial reference amount for the common costs of EUTM RCA for the period from 20 September 2022 until 20 September 2023 shall be EUR 7 813 000. The percentage of the reference amount referred to in Article 51(2) of Council Decision (CFSP) 2021/509 (*1) shall be 15 % in commitments and 0 % for payments. (*1) Council Decision (CFSP) 2021/509 of 22 March 2021 establishing a European Peace Facility, and repealing Decision (CFSP) 2015/528 (OJ L 102, 24.3.2021, p. 14).’;" |
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(3) |
in Article 13, paragraph 2 is replaced by the following: ‘2. EUTM RCA shall end on 20 September 2023.’. |
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 28 July 2022.
For the Council
The President
M. BEK
(1) Council Decision (CFSP) 2016/610 of 19 April 2016 on a European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (OJ L 104, 20.4.2016, p. 21).
(2) Council Decision (CFSP) 2020/1133 of 30 July 2020 amending Decision (CFSP) 2016/610 on a European Union CSDP Military Training mission in the Central African Republic (EUTM RCA) (OJ L 247, 31.7.2020, p. 22).
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1.8.2022 |
EN |
Official Journal of the European Union |
L 201/29 |
COUNCIL DECISION (CFSP) 2022/1335
of 28 July 2022
amending Decision 2012/285/CFSP concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
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(1) |
On 31 May 2012, the Council adopted Decision 2012/285/CFSP (1). |
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(2) |
The Council considers that the title of Decision 2012/285/CFSP should be amended. |
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(3) |
The Council considers that seven persons should be removed from the list of persons subject to restrictive measures set out in Annex II to Decision 2012/285/CFSP and that nine persons should be removed from the list of persons subject to restrictive measures set out in Annex III to that Decision. |
|
(4) |
Decision 2012/285/CFSP should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2012/285/CFSP is amended as follows:
|
(1) |
the title is replaced by the following: ‘Council Decision 2012/285/CFSP of 31 May 2012 concerning restrictive measures in view of the situation in Guinea-Bissau and repealing Decision 2012/237/CFSP’; |
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(2) |
Annexes II and III are amended in accordance with the Annex to this Decision. |
Article 2
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, 28 July 2022.
For the Council
The President
M. BEK
(1) Council Decision 2012/285/CFSP of 31 May 2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau and repealing Decision 2012/237/CFSP (OJ L 142, 1.6.2012, p. 36).
ANNEX
(1)
In Annex II to Decision 2012/285/CFSP (List of persons referred to in Articles 1(1)(b)), the entries concerning the persons listed below are deleted:|
‘1. |
General Augusto MÁRIO CÓ |
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2. |
General Saya Braia Na NHAPKA |
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3. |
Colonel Tomás DJASSI |
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5. |
Colonel Celestino de CARVALHO |
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10. |
Major Samuel FERNANDES |
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13. |
Commander (Navy) Agostinho Sousa CORDEIRO |
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15. |
Lieutenant Lassana CAMARÁ’. |
(2)
In Annex III to Decision 2012/285/CFSP (List of persons, entities or bodies referred to in Article 2), the entries concerning the persons listed below are deleted:|
‘6. |
General Augusto MÁRIO CÓ |
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7. |
General Saya Braia Na NHAPKA |
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8. |
Colonel Tomás DJASSI |
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9. |
Cranha DANFÁ |
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10. |
Colonel Celestino de CARVALHO |
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14. |
Tcham NA MAN (a.k.a. Namam) |
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15. |
Major Samuel FERNANDES |
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18. |
Commander (Navy) Agostinho Sousa CORDEIRO |
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20. |
Lieutenant Lassana CAMARÁ’. |
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1.8.2022 |
EN |
Official Journal of the European Union |
L 201/31 |
COUNCIL DECISION (CFSP) 2022/1336
of 28 July 2022
amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People’s Republic of Korea
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
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(1) |
On 27 May 2016, the Council adopted Decision (CFSP) 2016/849 (1). |
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(2) |
In accordance with Article 36(2) of Decision (CFSP) 2016/849, the Council has reviewed the lists of designated persons and entities set out in Annexes II, III, V and VI to that Decision. |
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(3) |
The restrictive measures against all persons and entities in the lists set out in Annexes II and III to Decision (CFSP) 2016/849 should be maintained, with the exception of one deceased person designated in Annex II to Decision (CFSP) 2016/849, whose entry should be removed from that Annex. The statement of reasons for 17 persons and one entity, and the identifying information for 59 persons and five entities should be updated. |
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(4) |
On 30 June 2022, the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 1718 (2006) updated the information relating to one person in the list set out in Annex I to Decision (CFSP) 2016/849. |
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(5) |
Decision (CFSP) 2016/849 should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Annexes I, II and III to Decision (CFSP) 2016/849 are amended in accordance with the Annex to this Decision.
Article 2
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, 28 July 2022.
For the Council
The President
M. BEK
(1) Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (OJ L 141, 28.5.2016, p. 79).
ANNEX
(1)
In Annex I to Decision (CFSP) 2016/849, under the heading ‘A. Persons’, entry 29 is replaced by the following:|
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Name |
Alias |
Date of birth |
Date of UN designation |
Statement of reasons |
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‘29. |
Pak Chun Il |
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Passport: 563410091; DOB: 28.7.1954; Nationality: DPRK |
30.11.2016 |
Served as the DPRK Ambassador to Egypt and provides support to KOMID. Concluded his tour of duty and left Egypt on 15 November 2016.’ |
(2)
Annex II to Decision (CFSP) 2016/849 is amended as follows:|
(a) |
under the heading ‘I. Persons and entities responsible for the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them’, subheading ‘A. Persons’, entries 1, 3 to 13 and 16 to 31 are replaced by the following:
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(b) |
under the heading ‘I. Persons and entities responsible for the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them’, subheading ‘A. Persons’, entry 2 is deleted. |
|
(c) |
under the heading ‘I. Persons and entities responsible for the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them’, subheading ‘B. Entities’, entries 4 and 5 are replaced by the following:
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|
(d) |
under the heading ‘II. Persons and entities providing financial services or the transfer of assets or resources that could contribute to the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes’, subheading ‘A. Persons’, entries 1 to 6 are replaced by the following:
|
(3)
Annex III to Decision (CFSP) 2016/849 is amended as follows:|
(a) |
under the heading ‘List of persons referred to in point (c) of Article 23(1) and point (c) of Article 27(1)’, subheading ‘A. Persons’, entries 1 to 19 and 21 to 26 are replaced by the following:
|
|
(b) |
under the heading ‘List of persons referred to in point (c) of Article 23(1) and point (c) of Article 27(1)’, subheading ‘B. Entities’, entries 1 to 4, 6 and 8 are replaced by the following:
|
|
1.8.2022 |
EN |
Official Journal of the European Union |
L 201/48 |
COMMISSION IMPLEMENTING DECISION (EU) 2022/1337
of 28 July 2022
setting out the template for the provision of information to third-country nationals about the processing of personal data in the Entry/Exit System
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes and amending the Convention implementing the Schengen Agreement and Regulation (EC) No 767/2008 and Regulation (EU) No 1077/2011 (1), and in particular Article 50(4) and (5) first paragraph thereof,
Whereas:
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(1) |
Regulation (EU) 2017/2226 established the Entry/Exit System (EES) as a system which registers electronically the time and place of entry and exit of third-country nationals admitted for a short stay to the territory of the Member States and which calculates the duration of their authorised stay. |
|
(2) |
Pursuant to Article 50(1) of Regulation (EU) 2017/2226, third-country nationals whose data are to be recorded in the EES are to be informed about their rights and obligations regarding the processing of their data. Pursuant to Article 50(5) of Regulation (EU) 2017/2226 that information is to be provided in the form of a template. |
|
(3) |
Where necessary to comply with their national laws, Member States are to complete the template with relevant national information. With a view of providing awareness and clarity towards the third-country nationals, Member States should add, in particular, information related to the consequences of being an overstayer, the rights of data subject, the possibility of assistance by the supervisory authorities, contact details of the relevant data protection authorities and the lodging of complaints. |
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(4) |
The template referred to in Article 50(5) of Regulation (EU) 2017/2226 should therefore be established. |
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(5) |
Given that Regulation (EU) 2017/2226 builds upon the Schengen acquis, Denmark notified on 30 May 2018 its decision to implement Regulation (EU) 2017/2226 in its national law, in accordance with Article 4 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union Denmark is therefore bound by this Decision. |
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(6) |
As regards Ireland, this Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part (2); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
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(7) |
As regards Iceland and Norway, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning those States association with the implementation, application and development of the Schengen acquis (3), which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC (4). |
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(8) |
As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (5), which fall within the area referred to in Article 1, point A of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC (6). |
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(9) |
As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (7) which fall within the area referred to in Article 1, point A of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (8). |
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(10) |
As regards Bulgaria and Romania, as the verification in accordance with applicable Schengen evaluation procedure has been successfully completed, as confirmed by Council conclusions of 9 and 10 June 2011, the provisions of the Schengen acquis relating to the Schengen Information System have been put into effect by Council Decision (EU) 2018/934 (9) and the provisions of the Schengen acquis relating to the Visa Information System have been put into effect by Council Decision (EU) 2017/1908 (10), all the conditions for the operation of the Entry/Exit System set out in Article 66(2)(b) of Regulation (EU) 2017/2226 are met and those Member States should therefore operate the Entry/Exit System from the start of operations. |
|
(11) |
As regards Cyprus and Croatia, the operation of the Entry/Exit System requires the granting of passive access to the Visa Information System and the putting into effect of all the provisions of the Schengen acquis relating to the Schengen Information System in accordance with the relevant Council Decisions. Those conditions can only be met once the verification in accordance with the applicable Schengen evaluation procedure has been successfully completed. The Entry/Exit System should be operated only by those Member States which fulfil those conditions at the start of the operation of the Entry/Exit System. Member States not operating the Entry/Exit System from the start of operations should be connected to the Entry/Exit System, in accordance with the procedure set out in Regulation (EU) 2017/2226, as soon as all of those conditions are met. |
|
(12) |
The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (11) and delivered an opinion on 11 March 2022. |
|
(13) |
The measures provided for in this Decision are in accordance with the opinion of the Smart Borders Committee, established by Article 68 of Regulation (EU) 2017/2226. |
HAS ADOPTED THIS DECISION:
Article 1
The information referred to in Article 50(4) and the template referred to in Article 50(5) of Regulation (EU) 2017/2226 shall be as set out in the Annex to this Decision.
Article 2
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 28 July 2022.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 327, 9.12.2017, p. 20.
(2) This Decision falls outside the scope of the measures provided for in Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).
(3) OJ L 176, 10.7.1999, p. 36.
(4) Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).
(5) OJ L 53, 27.2.2008, p. 52.
(6) Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).
(7) OJ L 160, 18.6.2011, p. 21.
(8) Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).
(9) Council Decision 2018/934/EU of 25 June 2018 on the putting into effect of the remaining provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania (OJ L 165, 2.7.2018, p. 37).
(10) Council Decision 2017/1908/EU of 12 October 2017 on the putting into effect of certain provisions of the Schengen acquis relating to the Visa Information System in the Republic of Bulgaria and Romania (OJ L 269, 19.10.2017, p. 39).
(11) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
ANNEX
|
Template for the provision of information to third-country nationals about the processing of personal data in the Entry/Exit System |
The Entry/Exit System (1) contains personal data records on third-country nationals coming to the territory of the Member States (2) for a short stay (maximum of 90 days in any 180-day period). The system became operational on [date]. As of this date, information about your entries into and exits out of the territory of the Member States, and, if applicable, information on whether you have been refused entry, is registered in the Entry/Exit System.
To this end, your data is collected and processed on behalf of [Authority of the Member State responsible for the processing] (controller(s)). Please see below the contact details. Your personal data is processed for the purposes of border management, preventing irregular immigration and facilitating the management of migration flows. This is required in accordance with Regulation (EU) 2017/2226 (3), specifically Articles 14, 16 to 19 and 23 of Chapter II and Chapter III of the Regulation
What data is collected, recorded and processed?
During checks at the external borders of the Member States, the collection of your personal data is mandatory for the examination of entry conditions. The following personal data is collected and recorded:
|
(1) |
data listed in your travel document; and |
|
(2) |
biometric data: from your facial image and fingerprints (4). |
Data about you is also collected from other sources, depending on your situation:
|
(1) |
the Visa Information System: data contained in your personal file; and |
|
(2) |
the European Travel Information and Authorisation System, in particular the status of your travel authorisation and your family member status, if applicable. |
What happens if you do not provide the requested biometric data?
If you do not provide the requested biometric data for registration, verification or identification in the Entry/Exit System, you will be refused entry at the external borders.
Who can access your data?
Member States can access your data for the purposes of border management, facilitation of border crossings, immigration, and law enforcement. Europol may also access your data for law enforcement purposes. Under strict conditions, your data may also be transferred to a Member State, a third country or an international organisation listed in Annex I of Regulation (EU) 2017/2226 (5) for the purposes of return (6) or law enforcement (7).
Your data will be stored in the Entry/Exit System for the following duration, after which it will be automatically erased: (8)
|
(1) |
records of each entry, exit or refusal of entry record are stored for 3 years starting on the date of the entry, exit, refusal of entry record; (9) |
|
(2) |
the individual file containing your personal data is stored for 3 years and one day starting from the date of the last exit record or of the refusal of entry record where is no entry recorded during that period; |
|
(3) |
where there is no exit record, your data are stored for 5 years starting on the date of the expiration of your authorised stay. |
Remaining authorised stay and overstay
You have the right to receive from the border guard information on the maximum remaining duration of your authorised stay on the territory of the Member States. You can also consult the following website [link to EES public website] or, where available, the equipment installed at borders to self verify your remaining authorised stay.
If you overstay the period of your authorised stay, your data will be automatically added to a list of identified persons (a list of overstayers). The list can be accessed by competent national authorities. If you are on this list of overstayers [consequences of being an overstayer to be added by the Member States]. (10) However, if you can provide credible evidence to the competent authorities that you exceeded the authorised duration of your stay due to unforeseeable and serious events, your personal data can be rectified or completed in the Entry/Exit System and you can be removed from the list of overstayers.
Your rights with regard to the processing of personal data
You have the following rights:
|
(1) |
to request from the controller access to data relating to you; |
|
(2) |
to request that inaccurate or incomplete data relating to you is rectified or completed; and |
|
(3) |
to request that unlawfully processed personal data that concerns you is erased or that the processing thereof is restricted. |
If you want to exercise any of these rights listed in points (1) to (3), you must contact the data controller or data protection officer indicated below.
Contact details
|
Data controller(s): [address and contact details to be filled by MS – data controller]. |
Data protection officer(s): [address and contact details to be filled by MS]. |
In line with the division of tasks between Member States’ authorities and the European agencies involved, you can lodge a complaint with:
|
Supervisory authority of [the Member State] which is in charge of processing your data (e.g. if you allege that they have recorded your data incorrectly): [Member State specific information to be specified – address and contact details] |
European Data Protection Supervisor for matters of data processing by European Agencies: [contact details to be specified – address and contact details] |
[Further information by Member States on rights of the data subjects or the possibility of assistance by the supervisory authorities]. For additional information please consult the Entry/Exit System public website [add link/name].
(1) Regulation (EU) 2017/2226 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011
(2) Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and Switzerland.
(3) Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 on establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327 9.12.2017, p. 20).
(4) Please note that the fingerprints data of third-country nationals who do not need a visa to enter the Schengen area and holders of Facilitated Transit Documents will also be stored in the Entry/Exit System. If you need a visa to enter the Schengen area, your fingerprints will already be stored in the Visa Information System as part of your file there and will not be stored again in the Entry/Exit System.
(5) UN organisation, the International Organization for Migration (IOM) or the International Committee of the Red Cross.
(6) Article 41(1) and (2) and Article 42.
(7) Article 41(6).
(8) If you are subject to visa requirement, your fingerprint will not be stored in the Entry/Exit system as they are already stored in the Visa Information System.
(9) In the case of third-country nationals who are family members of mobile EU, EEA or Swiss citizens (i.e. of EU EEA or Swiss citizens who travel to a State other than the State of their nationality or already reside there),and are accompanying or joining the EU, EEA or Swiss citizen, each entry, exit or refusal of entry record will be stored for one year following the date of the exit record or of the refusal of entry record.
(10) The calculation of the duration of the authorised stay and the generation of alerts to Member States when the authorised stay has expired do not apply to third-country nationals who are family members of mobile EU, EEA or Swiss citizens (i.e. of EU EEA or Swiss citizens who travel to a State other than the State of their nationality or already reside there) and are accompanying or joining the EU, EEA or Swiss citizen
|
1.8.2022 |
EN |
Official Journal of the European Union |
L 201/54 |
COMMISSION IMPLEMENTING DECISION (EU) 2022/1338
of 29 July 2022
establishing the equivalence, for the purpose of facilitating the right of free movement within the Union, of COVID-19 certificates issued by the Republic of the Philippines to the certificates issued in accordance with Regulation (EU) 2021/953 of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic (1), and in particular Article 8(2) thereof,
Whereas:
|
(1) |
Regulation (EU) 2021/953 lays down a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (‘EU Digital COVID Certificate’) for the purpose of facilitating the holders’ exercise of their right to free movement during the COVID-19 pandemic. It is also to contribute to facilitating the gradual lifting of restrictions to free movement put in place by Member States, in accordance with Union law, to limit the spread of SARS-CoV-2, in a coordinated manner. |
|
(2) |
Regulation (EU) 2021/953 allows for the acceptance of COVID-19 certificates issued by third countries to Union citizens and their family members where the Commission finds that those COVID-19 certificates are issued in accordance with standards that are to be considered as equivalent to those established pursuant to that Regulation. Furthermore, in accordance with Regulation (EU) 2021/954 of the European Parliament and of the Council (2), Member States are to apply the rules laid down in Regulation (EU) 2021/953 to third-country nationals who do not fall within the scope of that Regulation, but who are legally staying or residing in their territory and who are entitled to travel to other Member States in accordance with Union law. Therefore, any equivalence findings laid down in this Decision should apply to COVID-19 vaccination certificates issued by the Republic of the Philippines to Union citizens and their family members. Similarly, on the basis of Regulation (EU) 2021/954, such equivalence findings should also apply to COVID-19 vaccination certificates issued by the Republic of the Philippines to third-country nationals legally staying or residing in the territory of the Member States under the conditions laid down in that Regulation. |
|
(3) |
On 27 October 2021, the Republic of the Philippines provided the Commission with detailed information on the issuance of interoperable COVID-19 vaccination certificates under the system entitled ‘VaxCertPH’. The Republic of the Philippines informed the Commission that it considered that its COVID-19 certificates are being issued in accordance with a standard and a technological system, that are interoperable with the trust framework established by Regulation (EU) 2021/953 and that allow for the verification of the authenticity, validity and integrity of the certificates. In this regard, the Republic of the Philippines informed the Commission that COVID-19 vaccination certificates issued by the Republic of the Philippines in accordance with the ‘VaxCertPH’ system contain the data set out in the Annex to Regulation (EU) 2021/953. |
|
(4) |
The Republic of the Philippines also informed the Commission that it accepts vaccination, test certificates for NAAT tests (e.g.: RT-PCR) and recovery certificates issued by the Member States and EEA countries in accordance with Regulation (EU) 2021/953. |
|
(5) |
On 14 July 2022, following a request by the Republic of the Philippines, the Commission carried out technical tests that demonstrated that the COVID-19 vaccination certificates issued by the Republic of the Philippines in accordance with the ‘VaxCertPH’ system that are interoperable with the trust framework established by Regulation (EU) 2021/953, allowing for the verification of the authenticity, validity and integrity of the certificates. The Commission also confirmed that the COVID-19 vaccination certificates issued by the Republic of the Philippines in accordance with the ‘VaxCertPH’ system contain the necessary data. |
|
(6) |
In addition, the Republic of the Philippines informed the Commission that it issues interoperable vaccination certificates for COVID-19 vaccines. Those vaccines currently include Comirnaty, Vaxzevria, CoronaVac, Sputnik V, Sputnik Light, Jcovden, Covaxin, Spikevax, and Covovax. |
|
(7) |
The Republic of the Philippines also informed the Commission that it does not issue interoperable test certificates. |
|
(8) |
Furthermore, the Republic of the Philippines informed the Commission that it does not issue interoperable certificates of recovery. |
|
(9) |
In addition, the Republic of the Philippines informed the Commission that when verifiers in the Philippines verify certificates, the personal data included in them will be processed only to verify and confirm the holder’s vaccination, test result or recovery status and will not be retained afterwards. |
|
(10) |
The necessary elements for establishing that COVID-19 vaccination certificates issued by the Republic of the Philippines in accordance with the ‘VaxCertPH’ system are to be considered as equivalent to those issued in accordance with Regulation (EU) 2021/953 are thus fulfilled. |
|
(11) |
Therefore, COVID-19 vaccination certificates issued by the Republic of the Philippines in accordance with the ‘VaxCertPH’ system should be accepted under the conditions referred to in Article 5(5) of Regulation (EU) 2021/953. |
|
(12) |
In order for this Decision to be operational, the Republic of the Philippines should be connected to the EU Digital COVID Certificate trust framework established by Regulation (EU) 2021/953. |
|
(13) |
In order to protect the Union’s interests, in particular in the area of public health, the Commission may use its powers to suspend application of this Decision or repeal it, if the conditions of Article 8(2) of Regulation (EU) 2021/953 are no longer met. |
|
(14) |
In order to connect the Republic of the Philippines to the EU Digital COVID Certificate trust framework established by Regulation (EU) 2021/953 as rapidly as possible, this Decision should enter into force on the day of its publication in the Official Journal of the European Union. |
|
(15) |
The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 14 of Regulation (EU) 2021/953, |
HAS ADOPTED THIS DECISION:
Article 1
COVID-19 vaccination certificates issued by the Republic of the Philippines in accordance with the ‘VaxCertPH’ system shall, for the purpose of facilitating the right of free movement within the Union, be considered as equivalent to those issued in accordance with Regulation (EU) 2021/953.
Article 2
The Republic of the Philippines shall be connected to the EU Digital COVID Certificate trust framework established by Regulation (EU) 2021/953.
Article 3
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
Done at Brussels, 29 July 2022.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 211, 15.6.2021, p. 1.
(2) Regulation (EU) 2021/954 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) with regard to third country nationals legally staying or residing in the territories of Member States during the COVID-19 pandemic (OJ L 211, 15.6.2021, p. 24).
|
1.8.2022 |
EN |
Official Journal of the European Union |
L 201/57 |
COMMISSION IMPLEMENTING DECISION (EU) 2022/1339
of 29 July 2022
establishing the equivalence, for the purpose of facilitating the right of free movement within the Union, of COVID-19 certificates issued by the Sultanate of Oman to the certificates issued in accordance with Regulation (EU) 2021/953 of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic (1), and in particular Article 8(2) thereof,
Whereas:
|
(1) |
Regulation (EU) 2021/953 lays down a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (‘EU Digital COVID Certificate’) for the purpose of facilitating the holders’ exercise of their right to free movement during the COVID-19 pandemic. It is also to contribute to facilitating the gradual lifting of restrictions to free movement put in place by Member States, in accordance with Union law, to limit the spread of SARS-CoV-2, in a coordinated manner. |
|
(2) |
Regulation (EU) 2021/953 allows for the acceptance of COVID-19 certificates issued by third countries to Union citizens and their family members where the Commission finds that those COVID-19 certificates are issued in accordance with standards that are to be considered as equivalent to those established pursuant to that Regulation. Furthermore, in accordance with Regulation (EU) 2021/954 of the European Parliament and of the Council (2), Member States are to apply the rules laid down in Regulation (EU) 2021/953 to third-country nationals who do not fall within the scope of that Regulation, but who are legally staying or residing in their territory and who are entitled to travel to other Member States in accordance with Union law. Therefore, any equivalence findings laid down in this Decision should apply to COVID-19 vaccination certificates issued by the Sultanate of Oman to Union citizens and their family members. Similarly, on the basis of Regulation (EU) 2021/954, such equivalence findings should also apply to COVID-19 vaccination certificates issued by the Sultanate of Oman to third-country nationals legally staying or residing in the territory of the Member States under the conditions laid down in that Regulation. |
|
(3) |
On 3 March 2022, the Sultanate of Oman provided the Commission with detailed information on the issuance of interoperable COVID-19 vaccination certificates under the system entitled ‘Tarassud’. The Sultanate of Oman informed the Commission that it considered that its COVID-19 certificates are being issued in accordance with a standard and a technological system, that are interoperable with the trust framework established by Regulation (EU) 2021/953 and that allow for the verification of the authenticity, validity and integrity of the certificates. In this regard, the Sultanate of Oman informed the Commission that COVID-19 vaccination certificates issued by the Sultanate of Oman in accordance with the ‘Tarassud’ system contain the data set out in the Annex to Regulation (EU) 2021/953. |
|
(4) |
The Sultanate of Oman also informed the Commission that it accepts vaccination, test and recovery certificates issued by the Member States and EEA countries in accordance with Regulation (EU) 2021/953. |
|
(5) |
On 14 July 2022, following a request by the Sultanate of Oman, the Commission carried out technical tests that demonstrated that the COVID-19 vaccination certificates issued by the Sultanate of Oman in accordance with the ‘Tarassud’ system are interoperable with the trust framework established by Regulation (EU) 2021/953, allowing for the verification of the authenticity, validity and integrity of the certificates. The Commission also confirmed that the COVID-19 vaccination certificates issued by the Sultanate of Oman in accordance with the ‘Tarassud’ system contain the necessary data. |
|
(6) |
In addition, the Sultanate of Oman informed the Commission that it issues interoperable vaccination certificates for COVID-19 vaccines. Those vaccines currently include Comirnaty, Covishield, R-COVI, Sputnik V, CoronaVac, and Vaxzevria. |
|
(7) |
The Sultanate of Oman also informed the Commission that it does not issue interoperable test certificates. |
|
(8) |
Furthermore, the Sultanate of Oman informed the Commission that it does not issue interoperable certificates of recovery. |
|
(9) |
In addition, the Sultanate of Oman informed the Commission that when verifiers in Oman verify certificates, the personal data included in them will be processed only to verify and confirm the holder’s vaccination, test result or recovery status and will not be retained afterwards. |
|
(10) |
The necessary elements for establishing that COVID-19 vaccination certificates issued by the Sultanate of Oman in accordance with the ‘Tarassud’ system are to be considered as equivalent to those issued in accordance with Regulation (EU) 2021/953 are thus fulfilled. |
|
(11) |
Therefore, COVID-19 vaccination certificates issued by the Sultanate of Oman in accordance with the ‘Tarassud’ system should be accepted under the conditions referred to in Article 5(5) of Regulation (EU) 2021/953. |
|
(12) |
In order for this Decision to be operational, the Sultanate of Oman should be connected to the EU Digital COVID Certificate trust framework established by Regulation (EU) 2021/953. |
|
(13) |
In order to protect the Union’s interests, in particular in the area of public health, the Commission may use its powers to suspend application of this Decision or repeal it, if the conditions of Article 8(2) of Regulation (EU) 2021/953 are no longer met. |
|
(14) |
In order to connect the Sultanate of Oman to the EU Digital COVID Certificate trust framework established by Regulation (EU) 2021/953 as rapidly as possible, this Decision should enter into force on the day of its publication in the Official Journal of the European Union. |
|
(15) |
The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 14 of Regulation (EU) 2021/953, |
HAS ADOPTED THIS DECISION:
Article 1
COVID-19 vaccination certificates issued by the Sultanate of Oman in accordance with the ‘Tarassud’ system shall, for the purpose of facilitating the right of free movement within the Union, be considered as equivalent to those issued in accordance with Regulation (EU) 2021/953.
Article 2
The Sultanate of Oman shall be connected to the EU Digital COVID Certificate trust framework established by Regulation (EU) 2021/953.
Article 3
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
Done at Brussels, 29 July 2022.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 211, 15.6.2021, p. 1.
(2) Regulation (EU) 2021/954 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) with regard to third country nationals legally staying or residing in the territories of Member States during the COVID-19 pandemic (OJ L 211, 15.6.2021, p. 24).
|
1.8.2022 |
EN |
Official Journal of the European Union |
L 201/60 |
COMMISSION IMPLEMENTING DECISION (EU) 2022/1340
of 29 July 2022
establishing the equivalence, for the purpose of facilitating the right of free movement within the Union, of COVID-19 certificates issued by the Republic of Peru to the certificates issued in accordance with Regulation (EU) 2021/953 of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic (1), and in particular Article 8(2) thereof,
Whereas:
|
(1) |
Regulation (EU) 2021/953 lays down a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (‘EU Digital COVID Certificate’) for the purpose of facilitating the holders’ exercise of their right to free movement during the COVID-19 pandemic. It is also to contribute to facilitating the gradual lifting of restrictions to free movement put in place by Member States, in accordance with Union law, to limit the spread of SARS-CoV-2, in a coordinated manner. |
|
(2) |
Regulation (EU) 2021/953 allows for the acceptance of COVID-19 certificates issued by third countries to Union citizens and their family members where the Commission finds that those COVID-19 certificates are issued in accordance with standards that are to be considered as equivalent to those established pursuant to that Regulation. Furthermore, in accordance with Regulation (EU) 2021/954 of the European Parliament and of the Council (2), Member States are to apply the rules laid down in Regulation (EU) 2021/953 to third-country nationals who do not fall within the scope of that Regulation, but who are legally staying or residing in their territory and who are entitled to travel to other Member States in accordance with Union law. Therefore, any equivalence findings laid down in this Decision should apply to COVID-19 vaccination certificates issued by the Republic of Peru to Union citizens and their family members. Similarly, on the basis of Regulation (EU) 2021/954, such equivalence findings should also apply to COVID-19 vaccination certificates issued by the Republic of Peru to third-country nationals legally staying or residing in the territory of the Member States under the conditions laid down in that Regulation. |
|
(3) |
On 7 April 2022, the Republic of Peru provided the Commission with detailed information on the issuance of interoperable COVID-19 vaccination certificates under the system entitled ‘Vaccination Card against COVID–19’. The Republic of Peru informed the Commission that it considered that its COVID-19 certificates are being issued in accordance with a standard and a technological system, that are interoperable with the trust framework established by Regulation (EU) 2021/953 and that allow for the verification of the authenticity, validity and integrity of the certificates. In this regard, the Republic of Peru informed the Commission that COVID-19 vaccination certificates issued by the Republic of Peru in accordance with the ‘Vaccination Card against COVID-19’ system contain the data set out in the Annex to Regulation (EU) 2021/953. |
|
(4) |
The Republic of Peru also informed the Commission that it accepts vaccination, test and recovery certificates issued by the Member States and EEA countries in accordance with Regulation (EU) 2021/953. |
|
(5) |
On 29 June 2022, following a request by the Republic of Peru, the Commission carried out technical tests that demonstrated that the COVID-19 vaccination certificates issued by the Republic of Peru in accordance with the ‘Vaccination Card against COVID -19’ system are interoperable with the trust framework established by Regulation (EU) 2021/953, allowing for the verification of the authenticity, validity and integrity of the certificates. The Commission also confirmed that the COVID-19 vaccination certificates issued by the Republic of Peru in accordance with the ‘Vaccination Card against COVID –19’ system contain the necessary data. |
|
(6) |
In addition, the Republic of Peru informed the Commission that it issues interoperable vaccination certificates for COVID-19 vaccines. Those vaccines currently include Comirnaty, Vaxzevria, BBIBP-CorV, Spikevax, and Jcovden. |
|
(7) |
The Republic of Peru also informed the Commission that it does not issue interoperable test certificates. |
|
(8) |
Furthermore, the Republic of Peru informed the Commission that it does not issue interoperable certificates of recovery. |
|
(9) |
In addition, the Republic of Peru informed the Commission that when verifiers in Peru verify certificates, the personal data included in them will be processed only to verify and confirm the holder’s vaccination, test result or recovery status and will not be retained afterwards. |
|
(10) |
The necessary elements for establishing that COVID-19 vaccination certificates issued by the Republic of Peru in accordance with the ‘Vaccination Card against COVID- 19’ system are to be considered as equivalent to those issued in accordance with Regulation (EU) 2021/953 are thus fulfilled. |
|
(11) |
Therefore, COVID-19 vaccination certificates issued by the Republic of Peru in accordance with the ‘Vaccination Card against COVID-19’ system should be accepted under the conditions referred to in Article 5(5) of Regulation (EU) 2021/953. |
|
(12) |
In order for this Decision to be operational, the Republic of Peru should be connected to the EU Digital COVID Certificate trust framework established by Regulation (EU) 2021/953. |
|
(13) |
In order to protect the Union’s interests, in particular in the area of public health, the Commission may use its powers to suspend application of this Decision or repeal it, if the conditions of Article 8(2) of Regulation (EU) 2021/953 are no longer met. |
|
(14) |
In order to connect the Republic of Peru to the EU Digital COVID Certificate trust framework established by Regulation (EU) 2021/953 as rapidly as possible, this Decision should enter into force on the day of its publication in the Official Journal of the European Union. |
|
(15) |
The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 14 of Regulation (EU) 2021/953, |
HAS ADOPTED THIS DECISION:
Article 1
COVID-19 vaccination certificates issued by the Republic of Peru in accordance with the ‘ Vaccination Card against COVID-19’ system shall, for the purpose of facilitating the right of free movement within the Union, be considered as equivalent to those issued in accordance with Regulation (EU) 2021/953.
Article 2
The Republic of Peru shall be connected to the EU Digital COVID Certificate trust framework established by Regulation (EU) 2021/953.
Article 3
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
Done at Brussels, 29 July 2022.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 211, 15.6.2021, p. 1.
(2) Regulation (EU) 2021/954 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) with regard to third country nationals legally staying or residing in the territories of Member States during the COVID-19 pandemic (OJ L 211, 15.6.2021, p. 24).
RECOMMENDATIONS
|
1.8.2022 |
EN |
Official Journal of the European Union |
L 201/63 |
COMMISSION RECOMMENDATION (EU) 2022/1341
of 23 June 2022
on voluntary performance requirements for X-ray equipment used in public spaces (outside aviation)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
Whereas:
|
(1) |
Except for the field of civil aviation, Union law does not provide, at present, for harmonised performance requirements for X-ray equipment used for detection in public spaces. Such requirements differ between Member States, leading to uneven and not always sufficiently high levels of protection of the general public against security threats. Terrorists and other criminals may exploit the resulting vulnerabilities, including to stage attacks or conduct other criminal activities in Member States with a lower level of security in public spaces. |
|
(2) |
Terrorist attacks committed across the Union in recent years have predominantly taken place in public spaces, targeting members of the general public. In order to contribute to a sufficiently high level of protection against terrorist attacks and security threats in public spaces across the Union, voluntary performance requirements for X-ray equipment should be set out at Union level. |
|
(3) |
The detection equipment, including X-ray equipment, used in the field of civil aviation is subject to detailed requirements laid down in Commission Implementing Decision C(2015) 8005 (1). Those requirements are well defined and offer a high and consistent level of protection in the field of civil aviation security. Therefore, that field should not be covered by this Recommendation. In addition, in the interest of clarity, it should be clarified that this Recommendation is without prejudice to acts of Union law regulating safety aspects of X-ray equipment. |
|
(4) |
In the Counter-Terrorism Agenda for the EU (2), the Commission committed to support the development of voluntary requirements for detection technologies to ensure that they detect the security threats they need to detect, while preserving the mobility of people. In pursuit of this commitment, the Commission established the Technical Working Group on detection performance requirements, composed of Member State experts, manufacturers and officials from a number of Commission services, and asked it to assist in developing voluntary performance requirements for X-ray equipment at Union level. This Recommendation, and in particular the voluntary requirements contained therein relating to product documentation and X-ray performance, is based on the preparatory work conducted by this working group. |
|
(5) |
The voluntary performance requirements contained in this Recommendation should be used by Member States in public procurement of X-ray equipment intended to be used for security-threat detection in public spaces. |
|
(6) |
This Recommendation, which has no binding force, should not be understood as requiring the Member States to procure or use certain particular X-ray equipment for security-threat detection in public spaces. The decisions on which equipment to procure or use in a given public space should continue to be taken exclusively by Member States, in accordance with Union law. This Recommendation should rather aim to promote the use of the voluntary performance requirements contained in this Recommendation in the context of Member States’ procurement activities to contribute to achieving an equivalent and high level of security-threat detection performance by X-ray equipment used by Member States’ authorities in public spaces across the Union. |
|
(7) |
The voluntary performance requirements contained in this Recommendation should not be understood as being intended to replace national performance standards for X-ray equipment, where such national standards exist. In particular, Member States should remain free to apply, in accordance with Union law, more stringent performance requirements for X-ray equipment used to detect security threats in public spaces. |
|
(8) |
This Recommendation should indirectly incentivise manufacturers to comply with the requirements in future production of X-ray equipment. Member States should therefore require in the procurement document for the X-ray equipment to be used for security-threat detection in public spaces that the tenderers include in the tender the product documentation and declaration of conformity based on the manufacturer’s own methodology to demonstrate the conformity of the X-ray equipment with the voluntary performance requirements contained in this Recommendation. |
|
(9) |
The use of X-ray equipment in public spaces may pose challenges from the viewpoint of the rights to protection of privacy and personal data. It is of crucial importance in relation to all activities connected to the use of the X-ray equipment at issue, including the procurement and operation of the equipment and any subsequent processing activities, to limit the intrusiveness as much as possible and, in any event, to act in compliance with the relevant acts of Union law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council (3), Directive (EU) 2016/680 of the European Parliament and of the Council (4) and the Charter of Fundamental Rights of the European Union. |
|
(10) |
Bearing in mind in particular the relevant technological developments in the area of security-threat detection, the voluntary performance requirements for X-ray equipment contained in this Recommendation should be subject to review and adjustments where necessary. The Commission, with the assistance of the technical working group on detection performance requirements, will therefore closely follow technological and other relevant developments and regularly assess the need for adjustments of this Recommendation. |
|
(11) |
In the interest of effectiveness and transparency, Member States should be encouraged to give effect to this Recommendation and submit a report on their implementing measures to the Commission within a reasonable timeframe. |
|
(12) |
On the basis of those reports and any other relevant information, the Commission will, after a suitable time period, assess the progress made in giving effect to this Recommendation, with a view, inter alia, to assessing whether Union legal acts with binding force on this subject matter are necessary, |
HAS ADOPTED THIS RECOMMENDATION:
|
1. |
For the purposes of this Recommendation, the following definitions apply:
|
|
2. |
Member States should require in the procurement document for X-ray equipment to be used for security threat detection in public spaces that the tenderer include in the tender the product documentation set out in point 1 of the Annex. |
|
3. |
Member States should ensure that the X-ray equipment they procure for the use of security-threat detection in public spaces comply with the performance requirements set out in point 2 of the Annex, except when acting in the field of civil aviation. |
|
4. |
Member States should require in the procurement document for X-ray equipment to be used for security-threat detection in public spaces that the tenderer include in the tender a declaration of conformity with the performance requirements that is issued by the manufacturer, based on the manufacturer’s own methodology. |
|
5. |
By 23 June 2023, Member States should take the necessary measures, in accordance with Union law, to give effect to this Recommendation. |
|
6. |
Member States should report to the Commission on their implementing measures by 23 December 2023. |
Done at Brussels, 23 June 2022.
For the Commission
Ylva JOHANSSON
Member of the Commission
(1) Commission Implementing Decision C(2015) 8005 laying down detailed measures for the implementation of the common basic standards on aviation security containing information, as referred to in point (a) of Article 18 of Regulation (EC) No 300/2008.
(2) Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions. A Counter-Terrorism Agenda for the EU: Anticipate, Prevent, Protect, Respond COM(2020) 795 final.
(3) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(4) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
ANNEX
Product Documentation and X-ray Performance Requirements
Terms and Definitions
For the purposes of this Annex, the following terms and definitions should apply:
|
(1) |
‘Concept of operations (CONOPS)’: document describing the equipment characteristics and correct operating procedure(s); |
|
(2) |
‘Dark alarm’: visual indication presented to the operator when X-ray equipment cannot fully penetrate a scanned item (also known as ‘shield alarm’ or ‘dark alarm’); |
|
(3) |
‘Dual energy’: the exploitation of the energy-dependent attenuation of X-rays in different materials to estimate the effective atomic number of scanned materials, typically employed to discriminate between organic and inorganic material; |
|
(4) |
‘Dual view’: X-ray equipment where X-ray detection is implemented at two different angles of at least 60° and no more than 90° rotation to give two simultaneous views of scanned objects; |
|
(5) |
‘Edge enhancement’: an image-processing filter that enhances the edge contrast of an image in an attempt to improve its apparent sharpness; |
|
(6) |
‘Effective atomic number’: real (non-integer) number describing a hypothetical single element that would exhibit very similar X-ray attenuation as the scanned object comprising different elements; |
|
(7) |
‘Inorganic material’: in the context of X-ray security screening, a material with an effective atomic number greater than 10; |
|
(8) |
‘Multi view’: X-ray equipment where X-ray detection is implemented at different angles to give different simultaneous views of scanned objects; |
|
(9) |
‘Organic material’: in the context of X-ray security screening, a material with an effective atomic number less than 10; |
|
(10) |
‘Threat image projection (TIP)’: a software function used in X-ray screening to merge a pre-recorded scan of a threat item with an operational scan to create a realistic combined image that is presented to the operator in near real-time. |
1. Product Documentation
The X-ray equipment to be used for security-threat detection in public spaces should be supplied together with documentation (in paper and/or electronic form) that contains the following information:
1.1. Physical dimensions of equipment
|
— |
overall dimension should be expressed as length (L) x width (W) x height (H) in millimetres (mm); |
|
— |
tunnel size should be expressed as length (L) x width (W) in mm; |
|
— |
the maximum object size that can be scanned should be expressed as length (L) x width (W) in mm; |
|
— |
the maximum conveyor load should be evenly distributed and expressed in kilograms (kg); |
|
— |
the conveyor height (H) should be expressed in mm. |
1.2. Weight of equipment
The overall weight of the X-ray equipment should be expressed in kilograms (kg). The equipment weight should only consider the X-ray hardware and not include additional elements, such as a conveyer belt.
1.3. Throughput
The throughput should be expressed as conveyor speed in meter per second (m/s).
1.4. Power supply and consumption
|
— |
the power supply of the X-ray equipment should be expressed in voltage of alternating current (VAC) with a tolerance of ± 10 %; |
|
— |
power consumption should be expressed in kilovolt-ampere (kVA). |
1.5. X-ray generator
|
— |
the number of generators should be indicated (e.g. single, dual, multi); |
|
— |
the anode voltage should be expressed in kilovolt (kV); |
|
— |
the beam current should be expressed in milliampere (mA); |
|
— |
the cooling system should be described (e.g., sealed oil bath with forced air). |
1.6. IP rating
The IP rating according to IEC 60529 should be reported.
1.7. Operating environment
|
— |
operating temperature should be expressed in degree Celsius (°C); |
|
— |
storage temperature should be expressed in degree Celsius (°C); |
|
— |
humidity should be expressed in range in % (non-condensing). |
1.8. System of conveyance
It should be indicated if the equipment includes a system of conveyance.
1.9. Threat image projection
It should be indicated if the system is able to provide threat image projection (TIP) functionality.
1.10. Requirements for CE marking
The equipment should be provided with all relevant documentation to demonstrate compliance with the requirements laid down in the applicable EU legislation that would allow affixing the CE marking. It should be the responsibility of manufacturers to determine which rules apply for their products. Relevant provisions can include, for example:
|
— |
Directive 2006/42/EC on machinery |
|
— |
Directive 2014/35/EU on low voltage |
|
— |
Directive 2014/30/EU on electromagnetic compatibility |
1.11. Radiation leakage
Equipment should be provided with a declaration signed by a legal representative of the manufacturer that it meets all requirements for occupational and public exposure to ionising radiation in accordance with Council Directive 2013/59/Euratom on basic safety standards for protection against the dangers arising from exposure to ionising radiation.
1.12. Operating instructions (concept of operations)
The system should be provided with operating instructions, also referred to as concept of operations (CONOPS).
2. X-ray Performance Requirements
The X-ray equipment to be used for security-threat detection in public spaces should meet the following performance requirements:
2.1. Image enhancement functions
The X-ray equipment should have the following functions to enhance the image deployed on the screen:
|
— |
the capability of at least two times zoom on any part of the image; |
|
— |
video inversion so as to be able to display a monochrome image with white displayed as black, and black displayed as white; |
|
— |
an edge-enhancement feature. |
Any selected function should reset automatically when the next screened object is shown to the operator.
2.2. Dark alarms
The X-ray equipment should generate dark alarms when scanned objects cannot be fully penetrated by X-ray.
2.3. Colour mapping behaviour
The X-ray equipment should differentiate between inorganic and organic materials by displaying them in different colours. The X-ray equipment should have the following image functions to differentiate between inorganic and organic materials:
|
— |
inorganic function to highlight inorganic materials. |
|
— |
organic function to highlight organic materials. |
The colour mapping behaviour specifications that the X-ray equipment should meet is indicated in Table 2.1.
Table 2.1
Colour mapping behaviour
|
Effective atomic number of material |
no image function enabled |
organic function enabled |
inorganic function enabled |
|
0 < Zeff ≤ 10 |
orange |
orange |
none |
|
10 < Zeff ≤ 17 |
green |
orange |
blue/green |
|
Zeff > 17 |
blue |
none |
blue |
When organic and inorganic material are stacked on top of each other, the X-ray equipment should display the organic material when the organic function is enabled, as indicated in Table 2.2.
Table 2.2
Colour mapping behaviour (stacked organic/inorganic)
|
Effective atomic number of material |
no image function enabled |
organic function enabled |
inorganic function enabled |
|
organic material under aluminium plate |
green |
orange |
blue/green |
|
organic material under steel plate |
blue |
orange |
blue |
2.4. Image quality tests
The image quality tests for the X-ray equipment should be performed by using the human perception (HP) test piece described in the following international standard:
|
— |
ASTM F792-17e1, Standard Practice for Evaluating the Imaging Performance of Security X-Ray Systems, ASTM International, West Conshohocken, PA, 2017, www.astm.org |
The image quality of the X-ray equipment should be assessed by using the following nine tests:
2.4.1. Test 1: wire display
|
— |
the ability of an X-ray equipment to display images that can be used by an operator to identify metal wires. |
2.4.2. Test 2: useful penetration
|
— |
the ability of an X-ray equipment to produce an image that allows for the detection, by an operator or algorithm, of wires that are hidden by different thicknesses of blocking material. |
2.4.3. Test 3: spatial resolution
|
— |
the ability of an X-ray equipment to display closely spaced, high-contrast items as separate. |
2.4.4. Test 4: simple penetration
|
— |
the ability of an X-ray equipment to display images that can be used by an operator to identify lead numerals that would otherwise be hidden by steel blocking material. |
2.4.5. Test 5: thin organic imaging
|
— |
the ability of an X-ray equipment to display images that can be used by an operator to identify thin pieces of organic material. |
2.4.6. Test 6: steel contrast sensitivity
|
— |
the ability of an X-ray equipment to display images that can be used by an operator to identify shallow circular recesses in steel. |
2.4.7. Test 7: materials discrimination
|
— |
the ability of an X-ray equipment to display images that can be used by an operator to discriminate between materials with different effective atomic numbers. |
2.4.8. Test 8: materials classification
|
— |
the ability of an X-ray equipment to display images that can be used by an operator to consistently identify a particular material over a range of different thicknesses. |
2.4.9. Test 9: organic differentiation
|
— |
the ability of an X-ray equipment to display images that can be used by an operator to differentiate between organic materials of different effective atomic numbers. |
2.5. Image quality thresholds
With reference to the human perception (HP) test piece in ASTM F792-17e1, the minimum thresholds for each image quality test should be as described in Table 2.3 below. To qualify for a specific standard, the X-ray equipment should reach the respective minimum thresholds for all image quality tests.
Table 2.3
Thresholds for image quality
|
|
Image quality Test |
Standard 1 |
Standard 2 |
|
1 |
wire display: wire thickness in air |
AWG 30 (0,255 mm) |
AWG 34 (0,160 mm) |
|
2 |
useful penetration: wire thickness under aluminium (Al) of specified thickness |
AWG 24 (0,511 mm) behind 16 mm Al |
AWG 24 (0,511 mm) behind 20 mm Al & AWG 30 (0,255 mm) behind 12 mm Al |
|
3 |
spatial resolution: perpendicular line-pair gauges (4 slots, horizontal & vertical, in 1018, 1010 or 1008 steel) |
2 mm wide slots with 2mm spacing |
1,5 mm wide slots with 1,5 mm spacing |
|
4 |
simple penetration: lead numerals (thickness 3,0 ± 0,2 mm) attached to steel of specified thickness; |
24 mm thick steel |
28 mm thick steel |
|
5 |
thin organic imaging: steps in polyoxymethylene with thicknesses of 0,25, 0,5, 1, 2 and 5 mm. Each step has holes of 2, 5 and 10 mm diameter. |
4 holes visible (*) |
7 holes visible (*) |
|
6 |
steel contrast sensitivity: steel steps with thicknesses of 0,5, 1, 2, and 5 mm. Each step has holes of 2, 5 and 10 mm, all of depth 0,1 mm. |
4 holes visible (*) |
7 holes visible (*) |
|
7 |
materials discrimination: a grid of square attenuators (varying amounts of steel & plastic varying effective atomic number and attenuation (**)). |
hues of 10 neighbouring squares can be differentiated |
hues of 12 neighbouring squares can be differentiated |
|
8 |
materials classification: a test that the system consistently identifies a given material over a range of thicknesses (**). |
4 columns are classified as the same material per column |
6 columns are classified as the same material per column |
|
9 |
organic differentiation: the observer records if he/she perceives a difference in hue between four different squares (**). |
squares 1 through 4 displayed as organic material |
squares 1 through 4 displayed as organic material |
(*) A hole is considered visible if it at least half of its area or edge can be discerned.
(**) See ASTM F792-17e1 for a more detailed description of the human perception test piece.
|
1.8.2022 |
EN |
Official Journal of the European Union |
L 201/71 |
COMMISSION RECOMMENDATION (EU) 2022/1342
of 28 July 2022
on the monitoring of mercury in fish, crustaceans and molluscs
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
Whereas:
|
(1) |
On 22 November 2012, the European Food Safety Authority (‘the Authority’) adopted an opinion on mercury and methylmercury in food (1). In that opinion, the Authority established a tolerable weekly intake (‘TWI’) for inorganic mercury of 4 μg/kg body weight (‘b.w.’) and for methylmercury of 1,3 μg/kg b.w. (both expressed as mercury) and concluded that the 95th percentile dietary exposure is close to or above the TWI for all age groups. High fish consumers, which might include pregnant women, may exceed the TWI by up to approximately six-fold. Unborn children constitute the most vulnerable group. The opinion concluded that exposure to methylmercury above the TWI is of concern, but advised taking into account the beneficial effects of fish consumption, if measures to reduce methylmercury exposure were considered. |
|
(2) |
On 27 June 2014, the Authority adopted an opinion on the health benefits of seafood consumption in relation to the health risks associated with exposure to methylmercury (2). In that opinion, the Authority reviewed the role of seafood in European diets and evaluated the beneficial effects of seafood consumption in relation to health outcomes, including the effects of seafood consumption during pregnancy on functional outcomes of children’s neurodevelopment and the effects of seafood consumption on cardiovascular disease risk in adults. The Authority concluded that consumption of about one to two servings of seafood per week and up to three to four servings per week during pregnancy has been associated with better functional outcomes of neurodevelopment in children compared to no consumption of seafood. Such amounts have also been associated with a lower coronary heart disease mortality in adults. |
|
(3) |
On 19 December 2014, the Authority adopted a statement on the benefits of fish/seafood consumption compared to the risks of methylmercury in fish/seafood (3), where it concluded that, to achieve the benefits of fish consumption associated with one to four fish servings per week and to protect against neurodevelopmental toxicity of methylmercury, the consumption of fish/seafood species with a high content of mercury should be limited. |
|
(4) |
Commission Regulation (EC) No 1881/2006 (4) sets maximum levels for mercury in muscle meat of fish, crustaceans, bivalve molluscs and food supplements. |
|
(5) |
As recent occurrence data showed that there was a margin to lower the maximum levels for mercury in various fish species, the maximum levels for those fish species have been lowered by means of Commission Regulation (EU) 2022/617. (5) For other fish species such as shark and swordfish, despite some calls to increase the existing maximum levels, Regulation (EU) 2022/617 has maintaned them in view of the related health concerns, pending a further data collection and scientific assessment. |
|
(6) |
Therefore, and in order to obtain detailed data on the effective impact of the lowered maximum levels for certain fish species on the overall consumer exposure to mercury, it is advisable that Member States report to the Authority on the occurrence of mercury in all fish species for both farmed and wild caught products from different production types. |
|
(7) |
Furthermore, so far, most occurrence data are available for total mercury. As methylmercury is more toxic than inorganic mercury, occurrence data for both methylmercury and total mercury in the samples should be reported to help to calculate the ratio of methylmercury on total mercury in specific fish species. This would help to refine the exposure and risk assessments for mercury in food. |
|
(8) |
Consumption advice for fish is an important risk management instrument in view of fully achieving the beneficial effects of fish consumption, whilst limiting the risks of mercury toxicity. However, the exposure data for specific fish species in the 2012 Authority opinion suggest a lack of knowledge or respect by consumers of the available consumption advice. It is therefore useful to recommend the development of national consumption advice by Member State competent authorities as well as an active communication of such an advice, leading to an increased awareness of such consumption advice. Due to the wide variety in fish species consumed across the Union, Member States should tailor consumption advice, taking into consideration their national pattern of fish consumption, especially the species of fish consumed. In the distribution of this national food consumption advice, Member States competent authorities should be assisted by all involved parties such as food business operators, relevant health care workers, universities, consumer organisations and other interested parties. |
|
(9) |
In order to assess the impact of the consumption advice for fish on the consumer exposure, the Authority should carry out a survey on the effectiveness of the Member States’ consumption advice. |
|
(10) |
The collected occurrence data for mercury and the information on the effectiveness of the consumption advice will help to refine the consumer exposure assessment, which is needed for a future update of the consumer risk assessment for mercury. These assessments will allow to evaluate whether it might be appropriate to revise the maximum level for mercury in certain fish species. |
HEREBY RECOMMENDS:
|
1. |
Member States should perform during the years 2022, 2023, 2024 and 2025 monitoring on the presence of methylmercury and total mercury in fish, crustaceans and molluscs. The monitoring should include a wide variety of fish-, crustacean- and mollusc species and should reflect consumption habits, in order to enable an accurate estimation of the consumer exposure to mercury. Data should be gathered for both farmed and wild caught products. |
|
2. |
Member States should develop specific national consumption advice related to the consumption of fish, crustaceans and molluscs to fully achieve the beneficial effects of fish and seafood consumption, whilst limiting the risks of mercury toxicity. When developing this consumption advice, Member States should especially advise on the frequency of the consumption of fish, crustaceans and molluscs and the species consumed. |
|
3. |
Member States, food business operators and other interested parties should communicate on a continuous basis the specific national consumption advice to the consumer as well as to relevant health care workers, working with the consumer groups most at risk. |
|
4. |
Member States should inform the Commission and the Authority of their specific national consumption advice. |
|
5. |
Member States should inform the Commission of their actions to communicate the national consumption advice to consumers and relevant health care workers. |
|
6. |
Member States and food business operators should report on a regular basis to the Authority on the occurrence of total mercury and methylmercury in various fish, crustacean and mollusc species, with the information and in the electronic reporting format as set out by the Authority. When reporting the data, they should pay particular attention to specify the production type (wild, gathered or hunted versus farmed non organic production or farmed organic production). |
Done at Brussels, 28 July 2022.
For the Commission
Stella KYRIAKIDES
Member of the Commission
(1) EFSA Panel on Contaminants in the Food Chain (CONTAM); Scientific Opinion on the risk for public health related to the presence of mercury and methylmercury in food. EFSA Journal 2012;10(12):2985.
(2) EFSA NDA Panel (EFSA Panel on Dietetic Products, Nutrition and Allergies), 2014. Scientific Opinion on health benefits of seafood (fish and shellfish) consumption in relation to health risks associated with exposure to methylmercury. EFSA Journal 2014;12(7):3761.
(3) EFSA Scientific Committee, 2015. Statement on the benefits of fish/seafood consumption compared to the risks of methylmercury in fish/seafood. EFSA Journal 2015;13(1):3982.
(4) Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5).
(5) Commission Regulation (EU) 2022/617 of 12 April 2022 amending Regulation (EC) No 1881/2006 as regards maximum levels of mercury in fish and salt (OJ L 115, 13.4.2022, p. 60).
Corrigenda
|
1.8.2022 |
EN |
Official Journal of the European Union |
L 201/74 |
Corrigendum to Commission Implementing Decision (EU) 2022/1096 of 30 June 2022 establishing the equivalence, for the purpose of facilitating the right of free movement within the Union, of COVID-19 certificates issued by the Republic of Korea to the certificates issued in accordance with Regulation (EU) 2021/953 of the European Parliament and of the Council
( Official Journal of the European Union L 176 of 1 July 2022 )
On page 65, in recital 4:
for:
|
‘(4) |
The Republic of Korea also informed the Commission that, there are currently no travel restrictions related to COVID-19 for entry and stay into the Republic of Korea. Should there be a need to re-introduce travel requirements, the Republic of Korea confirms that it would accept vaccination and test certificates issued by the Member States and EEA countries in accordance with Regulation (EU) 2021/953. Concerning the vaccination certificates, the Republic of Korea informed the Commission that certificates indicating vaccines with EU-wide authorisation will only be accepted if the vaccine has completed the WHO Emergency Use Listing procedure. Concerning the recognition of the recovery certificates in particular, in case of need to re-introduce travel restrictions, the Republic of Korea confirms that it would not recognise them.’; |
read:
|
‘(4) |
The Republic of Korea also informed the Commission that it would accept vaccination and test certificates issued by the Member States and countries of the European Economic Area in accordance with Regulation (EU) 2021/953 under the same conditions as its own certificates. However, the Republic of Korea informed the Commission that, due to the epidemiological situation, it currently required tests for all incoming travellers. Concerning the vaccination certificates, the Republic of Korea informed the Commission that certificates indicating vaccines with Union-wide authorisation would only be accepted if the vaccine has completed the WHO Emergency Use Listing procedure. Finally, the Republic of Korea informed the Commission that it did not accept certificates of recovery.’. |