(1)

On 14 October 2019, the Council adopted Decision (CFSP) 2019/1720 and Regulation (EU) 2019/1716 (2) concerning restrictive measures in view of the situation in Nicaragua.

(2)

In order to ensure uniform conditions for the implementation of Regulation (EU) 2019/1716, the Commission should be empowered to amend Annex II, containing the websites for information on the competent authorities and the address for notifications to the Commission.

(3)

Annex II to Regulation (EU) 2019/1716 should be replaced.

(4)

Those amendments fall within the scope of the Treaty and therefore regulatory action at the Union level is necessary in order to implement them, in particular with a view to ensure uniform application in all Member States.

(5)

Regulation (EU) 2019/1716 should therefore be amended accordingly,

(1)

in Article 17, the following paragraph is added:

(2)

Annex II is replaced by the Annex to this Regulation.

(1)

On 14 October 2019, the Council adopted Regulation (EU) 2019/1716 concerning restrictive measures in view of the situation in Nicaragua.

(2)

The Council has reviewed the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) 2019/1716. On the basis of that review, the statement of reasons for two natural persons should be updated.

(3)

Annex I to Regulation (EU) 2019/1716 should therefore be amended accordingly,

(1)

On 15 October 2018, the Council adopted Regulation (EU) 2018/1542.

(2)

In accordance with Article 12 of Regulation (EU) 2018/1542, the Council has reviewed the list of natural and legal persons, entities and bodies referred to in Article 2, as set out in Annex I to that Regulation. One entry on that list should be updated.

(3)

Annex I to Regulation (EU) 2018/1542 should therefore be amended accordingly,

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Indonesia’s application to register the name ‘Garam Amed Bali / Bunga Garam Amed Bali’ was published in the Official Journal of the European Union (2).

(2)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Garam Amed Bali / Bunga Garam Amed Bali’ should therefore be entered in the register,

(1)

The Commission has examined the application for the approval of amendments to the specification for the Protected Designation of Origin ‘Sicilia’, forwarded by Italy in accordance with Article 105 of Regulation (EU) No 1308/2013.

(2)

The Commission has published the application for the approval of the amendments to the specification in the Official Journal of the European Union (2), as required by Article 97(3) of Regulation (EU) No 1308/2013

(3)

No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

(4)

The amendments to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013.

(5)

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

(1)

The Commission has examined the application for the approval of amendments to the specification for the Protected Designation of Origin ‘Vicenza’, forwarded by Italy in accordance with Article 105 of Regulation (EU) No 1308/2013.

(2)

The Commission has published the application for the approval of the amendments to the specification in the Official Journal of the European Union (2), as required by Article 97(3) of Regulation (EU) No 1308/2013.

(3)

No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

(4)

The amendments to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013.

(5)

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

(1)

In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission examined France’s application to register the name ‘Vézelay’ and published it in the Official Journal of the European Union (2).

(2)

No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

(3)

In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Vézelay’ should be protected and entered in the register referred to in Article 104 of that Regulation.

(4)

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

(1)

In 2021, several Member States notified the Commission of the officially confirmed presence, in consignments of plants, plant products and other objects originating from third countries, of pests which are not listed as a Union quarantine pest, as a protected zone quarantine pest or as a Union regulated non-quarantine pest in accordance with Commission Implementing Regulation (EU) 2019/2072 (2) and are not regulated under Article 30(1) of Regulation (EU) 2016/2031.

(2)

On the basis of data from preliminary risk assesments or risk analyses carried out so far by competent authorities and organisations, the Commission concludes that those pests fulfil the criteria set out in Subsection 2 of Section 3 of Annex I to Regulation (EU) 2016/2031.

(3)

Chloridea virescens, Leucinodes orbonalis, Leucinodes pseudorbonalis, Resseliella citrifrugis and Spodoptera ornithogalli are amongst the pests for which actions under Article 29(1) of Regulation (EU) 2016/2031 have been taken by competent authorities. Those pests have been intercepted several times at Union borders and they are not known to be present in the Union territory.

(4)

A preliminary risk assessment for Chloridea virescens (3) and a pest risk analysis for American Spodoptera species, which includes Spodoptera ornithogalli (4), have been performed by the Netherlands for the Union territory. Both conclude that those pests fulfill the criteria for quarantine pests set out in Section 1 of Annex I to Regulation (EU) 2016/2031, as regards the Union territory. However, further risk assessment is required to support their inclusion in Annex II to Implementing Regulation (EU) 2019/2072.

(5)

On the basis of pest categorizations performed by the European Food Safety Authority (‘the Authority’) for Leucinodes orbonalis (5) and Leucinodes pseudorbonalis (6), those pests fulfill the criteria for quarantine pests set out in Section 1 of Annex I to Regulation (EU) 2016/2031, as regards the Union territory. However, uncertainties concerning their impact due to climatic suitability have been pointed out. Further assessment of the climatic suitability, the assessment of the effect of climate change on the establishment of those pests in the Union and their subsequent impact is ongoing.

(6)

On the basis of pest categorisation performed by the Authority, Resseliella citrifrugis (7) fulfills the criteria for quarantine pests set out in Section 1 of Annex I to Regulation (EU) 2016/2031, as regards the Union territory. Currently, further risk assessment is ongoing regarding the entry and spread pathways of this pest.

(7)

Those pests have been intercepted multiple times at the Union borders and large volumes of their host plants continue to be imported from countries where those pests are known to be present, while they present a high phytosanitary risk for the Union territory. It is therefore considered that there exists an imminent danger of entry of those pests into the Union territory. It is thus appropriate to take the measure of temporary prohibition of their entry into the Union until their full risk analyses have been carried out. Those pests should also be subject to risk-based surveys concerning their signs or symptoms as set out in Article 22(1) of Regulation (EU) 2016/2031.

(8)

This Regulation should apply for a sufficient length of time to allow for the completion of those risk assessments and analyses.

(9)

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

(1)

Commission Implementing Regulation (EU) 2018/2019 (2) establishes, on the basis of a preliminary risk assessment, a list of high risk plants, plant products and other objects.

(2)

Commission Implementing Regulation (EU) 2018/2018 (3) lays down specific rules concerning the procedure to be followed in order to carry out the risk assessment referred to in Article 42(4) of Regulation (EU) 2016/2031 for high risk plants, plant products and other objects.

(3)

Following a preliminary assessment, 34 genera and one species of plants for planting originating from all third countries were included in the Annex to Implementing Regulation (EU) 2018/2019 as high risk plants. That Annex includes the genus Jasminum L.

(4)

The list of plants, plant products or other objects, removed from the Annex to Implementing Regulation (EU) 2018/2019 and that may only be introduced into, or moved within, the Union territory if special requirements are fulfilled is provided for in Commission Implementing Regulation (EU) 2020/1213 (4).

(5)

On 4 December 2019, Uganda submitted to the Commission a request for export to the Union of unrooted cuttings of Jasminum polyanthum Franchet. That request was supported by the relevant technical dossier.

(6)

On 31 March 2022, the European Food Safety Authority (‘the Authority’) adopted a scientific opinion regarding the commodity risk assessment of unrooted cuttings of Jasminum polyanthum Franchet from Uganda (5). The Authority identified Bemisia tabaci (non-European populations), Coccus viridis, Diaphania indica, Pulvinaria psidii, Scirtothrips dorsalis and Selenaspidus articulatus as pests relevant for those plants for planting.

(7)

The Authority evaluated the risk mitigation measures described in the dossier for Bemisia tabaci (non-European populations), Coccus viridis, Diaphania indica, Pulvinaria psidii, Scirtothrips dorsalis and Selenaspidus articulatus and estimated the likelihood of freedom of the commodity from those pests.

(8)

On the basis of that opinion, the phytosanitary risk from introduction into the Union territory of unrooted cuttings of Jasminum polyanthum Franchet originating in Uganda is considered to be reduced to an acceptable level, provided that appropriate mitigation measures are applied to address the risk of pests related to those plants for planting. As a consequence, unrooted cuttings of Jasminum polyanthum Franchet originating in Uganda should no longer be considered high risk plants.

(9)

The Annex to Implementing Regulation (EU) 2018/2019 should therefore be amended accordingly.

(10)

The measures described by Uganda in the dossier are considered sufficient to reduce to an acceptable level the risk from introduction into the Union territory of the commodity. Those measures should therefore be adopted as phytosanitary import requirements to ensure the phytosanitary protection of the Union territory from introduction of that commodity into it.

(11)

Bemisia tabaci (non-European populations) and Scirtothrips dorsalis are listed as Union quarantine pests in Annex II to Commission Implementing Regulation (EU) 2019/2072 (6). Coccus viridis, Pulvinaria psidii and Selenaspidus articulatus are not yet included in the list of Union quarantine pests, but may fulfil the conditions to be included once a complete risk assessment has been carried out.

(12)

The Annex to Implementing Regulation (EU) 2020/1213 should therefore be amended accordingly.

(13)

The Authority’s opinion indicates that, no records of Diaphania indica associated with Jasminum polyanthum Franchet as host are available so far. For this reason, no import requirements are necessary with respect to that pest.

(14)

Implementing Regulation (EU) 2021/419 (7) amended Implementing Regulation (EU) 2018/2019 by specifying that it is prohibited to introduce into the Union plants for planting of Jasminum L., other than unrooted cuttings of plants for planting of Jasminum polyanthum Franchet originating in Israel. The Annex to Implementing Regulation (EU) 2020/1213 was amended to include the phytosanitary import requirements necessary to ensure that the risk from introduction of those plants for planting into the Union from Israel is acceptable. Those phytosanitary requirements erroneously included measures regarding a Union quarantine pest Scirtothrips dorsalis. Since pursuant to Article 5(1) of Regulation (EU) 2016/2031 Union quarantine pests are prohibited from introduction into, movement within, or holding, multiplication or release in, the Union territory, it was unnecessary to include any measures for Scirtothrips dorsalis in the Annex to Implementing Regulation (EU) 2020/1213.

(15)

The Annex to Implementing Regulation (EU) 2020/1213 should therefore be corrected accordingly.

(16)

In order to comply with the Union obligations deriving from the World Trade Organization agreement on the application of sanitary and phytosanitary measures (8), the import of unrooted cuttings of Jasminum polyanthum Franchet from Uganda should resume within the shortest possible time. Therefore, this Regulation should enter into force on the third day following that of its publication in the Official Journal of the European Union.

(17)

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

(1)

On 14 October 2019, the Council adopted Decision (CFSP) 2019/1720 (1) concerning restrictive measures in view of the situation in Nicaragua.

(2)

Decision (CFSP) 2019/1720 applies until 15 October 2022. On the basis of a review of that Decision, the restrictive measures set out therein should be extended until 15 October 2023 and the statement of reasons for two natural persons listed in the Annex thereto updated.

(3)

Decision (CFSP) 2019/1720 should therefore be amended accordingly,

(1)

Article 9 is replaced by the following:

(2)

the Annex is amended as set out in the Annex to this Decision.

(1)

On 15 October 2018, the Council adopted Decision (CFSP) 2018/1544 (1) concerning restrictive measures against the proliferation and use of chemical weapons.

(2)

Decision (CFSP) 2018/1544 applies until 16 October 2022. On the basis of a review of that Decision, the restrictive measures set out therein should be extended until 16 October 2023 and one entry on the list of natural and legal persons, entities and bodies referred to in Articles 2 and 3, as set out in the Annex to that Decision, should be updated.

(3)

Decision (CFSP) 2018/1544 should therefore be amended accordingly,

(1)

Article 8 is replaced by the following:

(2)

the Annex is amended as set out in the Annex to this Decision.

(1)

Article 18(1) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (2) (the ‘Agreement’) provides that the host State may require United Kingdom nationals, their respective family members and other persons, who reside in its territory in accordance with the conditions set out in Title II of the Agreement, to apply for a new residence status which confers the rights under that Title and a document evidencing such status.

(2)

As provided for in Article 18(4) of the Agreement, where a host State has chosen not to require United Kingdom nationals, their family members, and other persons, residing in its territory in accordance with the conditions set out in Title II of the Agreement, to apply for the new residence status as a condition for legal residence, those eligible for residence rights have the right to receive, in accordance with the conditions set out in Directive 2004/38/EC of the European Parliament and of the Council (3), a residence document that includes a statement that it has been issued in accordance with the Agreement.

(3)

Article 26 of the Agreement provides that the State of work may require United Kingdom nationals who have rights as frontier workers under Title II of the Agreement to apply for a document certifying that they have such rights under that Title and that those nationals have the right to be issued with such a document.

(4)

Council Regulation (EC) No 1030/2002 (4) lays down a uniform format for residence permits for third-country nationals. That format contains all the necessary information and meets very high technical standards, in particular as regards safeguards against counterfeiting and falsification.

(5)

Therefore, that format should also be used for residence documents to be issued to United Kingdom nationals, their respective family members and other persons who reside on a Member State’s territory in accordance with the conditions set out in Title II of the Agreement, following the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union.

(6)

That format is also appropriate for documents to be issued to United Kingdom nationals who have rights as frontier workers in the Member State of work.

(7)

As those documents will serve to evidence rights provided under Title II of the Agreement, a statement indicating that those documents have been issued under the Agreement should be included as entry under No 10 ‘Type of permit’.

(8)

Member States should indicate under entry No 12 ‘Remarks’ whether the residence document is issued under Article 18(1) or 18(4) of the Agreement.

(9)

In order to ensure that the identity of the holder can be checked without doubts, the documents should have a minimum period of validity of five years and a maximum validity of 10 years so as to enable updating the picture of the holder.

(10)

In accordance with Article 19(2) of the Agreement, the documents issued by Member States under Article 18(1) of the Agreement should only have effect after the end of the transition period provided for in Article 126 of the Agreement.

(11)

However, Member States may already start to issue residence permits to United Kingdom nationals under Article 18(1) or 18(4) of the Agreement during the transition period, if they choose to do so for administrative or other reasons. Regulation (EC) No 1030/2002 as amended by Regulation (EU) 2017/1954 of the European Parliament and of the Council (5) is however not yet fully applicable. Therefore, Member States should use the current format for residence permits for third country nationals laid down in Regulation (EC) No 1030/2002 as amended by Council Regulation (EC) No 380/2008 (6) until Regulation (EU) 2017/1954 becomes applicable.

(12)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 6 of Council Regulation (EC) No 1683/95 (7),

(1)

Commission Decision (EU) 2015/1937 (1) established an independent advisory European Fiscal Board. The Decision contains provisions on the mission and tasks, composition, independence and functioning of the European Fiscal Board (‘the Board’) and its secretariat.

(2)

The Board advises the Commission when the latter exercises its functions as regards multilateral fiscal surveillance.

(3)

The Chair and four members of the Board were appointed by the Commission on 19 October 2016 (2), and their mandate was renewed on 10 April 2019 (3). On 9 September 2020, a member of the Board resigned, and the Commission subsequently appointed a new member for a three-year term. The mandate of the Chair and the other three members of the Board expires on 19 October 2022.

(4)

A review of the EU fiscal framework was put on hold due to the COVID-19 pandemic. It was then re-launched with the Commission Communication of 19 October 2021‘The EU economy after COVID-19: implications for economic governance’ and is ongoing.

(5)

Given the impact of the COVID-19 pandemic, on 20 March 2020 the Commission proposed the activation of the general escape clause of the Stability and Growth Pact. The Council endorsed the proposal. The clause is to be applied through 2023.

(6)

Taking into account the COVID-19 pandemic as well as the ongoing Russia’s war of aggression against Ukraine and the ensuing energy crisis, the current exceptional economic conditions also have an impact on fiscal surveillance practices.

(7)

A further extension of the mandate of the Board members should be made possible in exceptional circumstances.

(8)

Pursuant to Article 3(7) and 3(8) of the Decision, the Board is supported by a secretariat. The appointing authority in the Commission should be able to make the necessary arrangements for the continuity of the secretariat, to match the mandate of the Board, for the same reasons.

(9)

Decision (EU) 2015/1937 should therefore be amended accordingly,

(1)

The responsibility to enforce Union agri-food chain legislation lies with Member States, whose competent authorities monitor and verify, through the organisation of official controls, that relevant Union requirements are effectively complied with and enforced. Parallel to this monitoring and verification, Article 116 of Regulation (EU) 2017/625 requires Commission experts to perform controls, including audits, in Member States to verify the application of Union legislation. These Commission controls should be performed in the areas of food and feed safety, animal health and welfare, plant health, plant protection products, and the functioning of national control systems and competent authorities, which operate them, taking into account synergies with control arrangements under the common agricultural policy.

(2)

Commission Implementing Decision (EU) 2020/1550 (2) established a multiannual programme of controls to be carried out by Commission experts in the Member States to verify the application of Union agri-food chain legislation for the period 2021-2025, aligned with the Commission’s term of office and reflecting its priorities. During the implementation of that multiannual programme of controls, it has emerged that it was not sufficiently flexible to allow the Commission experts to investigate and collect information in relation to emergency situations, emerging problems, and new developments in the areas governed by the rules referred to in Article 1(2) of the Regulation (EU) 2017/625 and those provided for in that Regulation. A new priority area to cover such eventualities should be added in Chapter 10 of the Annex to Implementing Decision (EU) 2020/1550, as provided for in Article 116(1), point (c)(iii), of Regulation (EU) 2017/625.

(3)

Setting a strict timeline for controls in the priority areas for each of the five years of the multiannual programme of controls is not consistent with the level of flexibility required to fulfil the objectives of verifying the functioning of national control systems, including investigating and collecting information on enforcement practices or problems, emergencies and new developments in Member States, and conducting Commission controls on a risk-basis. While keeping the 2021-2025 multiannual programme of controls, Chapter 11 of the Annex to Implementing Decision (EU) 2020/1550, setting the annual break-down of controls for the years 2021-2025, should therefore be replaced by a programme of controls for the following year and should be updated annually.

(4)

The introductory text in the Annex to Implementing Decision (EU) 2020/1550 committing Commission experts to perform controls including on-the-spot verifications and desk-based analyses in each of the priority areas in all Member States should be amended to better align it with the requirements of Article 116 of Regulation (EU) 2017/625.

(5)

The area of genetically modified organisms should be introduced separately in Chapters 10 and 11 of the Annex to Implementing Decision (EU) 2020/1550 as a new priority area to align the text better with the existing sub-division under Article 1(2) of Regulation (EU) 2017/625. Further references to this priority area should be removed from Chapters 1, 2 and 7 of the Annex to Implementing Decision (EU) 2020/1550.

(6)

The results of the previous Commission controls on Salmonella national control programmes and the analysis of the European Food Safety Authority (EFSA), which can be consulted in the 2019 (3) and 2020 (4) zoonoses reports, indicate that most Member States met the Union targets for all poultry categories. Member States report annually to the Commission the results of their Salmonella controls for the Gallus gallus, laying hens, broilers and breeding and fattening turkey flocks. In this context and taking into account the Commission controls on the implementation of the obligations imposed by Commission Regulation (EC) No 2073/2005 (5) regarding official samplings related to process hygiene criteria, there is no need for specific audits on Salmonella national control programmes in 2023.

(7)

Annual assessments of Member States’ national residue monitoring plans form an integral part of Commission controls carried out under the priority area of residues in live animals and food of animal origin. A separate reference to those assessments is therefore not necessary and should be removed from the multiannual programme of controls.

(8)

Two of the priority areas, active epizootic diseases and enzootic diseases, under animal health, should be renamed as Category A and Category B and C diseases, respectively, under Regulation (EU) 2016/429 of the European Parliament and of the Council (6). This will align the terminology used in the multiannual programme of controls with the one introduced by that Regulation.

(9)

The Commission has recently covered by its controls the existing national veterinary programmes on non-foodborne zoonoses which it has co-funded. Therefore, there should be no controls on non-foodborne zoonoses in 2023.

(10)

The objective for non-foodborne zoonoses in Chapter 3 of the Annex to Implementing Decision (EU) 2020/1550 limited the coverage only to those zoonoses, for which national veterinary programmes co-funded by the Commission were in place. In order to allow Commission experts to perform controls on non-foodborne zoonoses including those without such programmes, such as COVID-19 in mink, the objective should be amended in the multiannual programme of controls.

(11)

The Commission has prioritised controls on diseases under the priority area of epizootic diseases, of Category A under Regulation (EU) 2016/429, such as African swine fever and highly pathogenic avian influenza in 2021 and 2022. Due to this prioritisation, there were no controls on enzootic diseases, of Category B and C under Regulation (EU) 2016/429, in those two years. The Commission should therefore perform controls under this priority area in 2023.

(12)

The Commission committed itself to review animal welfare legislation in the framework of its Communication ‘A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system’ (7). In this context, work under the priority areas on animal welfare on farm and during slaughter should continue in 2023. Welfare of cattle kept for meat production and of fish on farms, during their transport and at killing, should therefore be added to the multiannual programme of controls.

(13)

Regulation (EU) 2016/2031 of the European Parliament and of the Council (8) requires Member States to establish risk-based multiannual survey programmes for quarantine pests and introduces annual surveys of priority pests. Commission controls on the implementation of these survey programmes should therefore be added in Chapter 5 of the Annex to Implementing Decision (EU) 2020/1550.

(14)

Due to COVID-19 restrictions, some of the Commission’s controls in third countries had to be postponed, which allowed the Commission to commence a series of controls under the priority area of plant protection products in 2021, one year earlier than planned in the Annex to Implementing Decision (EU) 2020/1550. The Commission controls under this priority area should continue in 2023.

(15)

Due to the ongoing discussion on a draft Regulation on the sustainable use of pesticides, which would replace Directive 2009/128/EC of the European Parliament and of the Council (9), there were no controls on sustainable use of pesticides in 2022 and there should also be no controls in 2023. Controls on this priority area are to be resumed once a new legal base is adopted.

(16)

Due to the postponement of the date of application of the new legislative framework for organic production, Regulation (EU) 2018/848 of the European Parliament and of the Council (10), from 1 January 2021 to 1 January 2022, and in order to give Member States the necessary time to implement new measures before controlling their implementation, there were no controls in Member States in 2022 under the priority area on organics. The Commission should therefore perform controls under this priority area in 2023.

(17)

The start of the series of controls under the priority area of monitoring of antimicrobial resistance in zoonotic and commensal bacteria originally planned to start in 2022 in the Annex to Implementing Decision (EU) 2020/1550, should start instead in 2023 to maximise the effectiveness of these controls, given the timeline when the data necessary for this series would be available for analysis.

(18)

For the Commission to support the swift implementation by Member States’ competent authorities of the new requirements for risk-based controls aimed at the detection of fraudulent and deceptive practices introduced by Article 9(2) of Regulation (EU) 2017/625, it was important to collect information and examples of good practices in order to provide guidance to Member States. This objective could best be achieved through fact-finding studies rather than audits as this approach would allow for a wider scope, open a dialogue with the Member States’ competent authorities and hold meetings with other law enforcement authorities and fraud investigators. The objective for the priority area on fraud should therefore be amended to reflect this change.

(19)

The multiannual programme of controls set out in Implementing Decision (EU) 2020/1550 identified export controls as a priority area warranting a degree of Commission oversight. Food business operators in the Union, exporting animals and goods to third countries, have primary responsibility for meeting third countries’ import requirements. Where consignments of animals and goods require official certification of the operators’ compliance with those requirements, certification is provided by the responsible competent authorities in the Member States. Recognising the roles and responsibilities of food business operators and Member State competent authorities in this regard, Commission controls on this aspect are no longer deemed to be a priority for inclusion in the revised multiannual programme of controls.

(20)

The Annex to Implementing Decision (EU) 2020/1550 should therefore be amended accordingly,

(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 Federative Republic of Brazil 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 Federative Republic of Brazil 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 25 May 2022, the Federative Republic of Brazil provided the Commission with detailed information on the issuance of interoperable COVID-19 vaccination certificates under the system entitled ‘Rede Nacional de Dados em Saúde’. The Federative Republic of Brazil 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 Federative Republic of Brazil informed the Commission that COVID-19 vaccination certificates issued by the Federative Republic of Brazil in accordance with the ‘Rede Nacional de Dados em Saúde’ system contain the data set out in the Annex to Regulation (EU) 2021/953.

(4)

The Federative Republic of Brazil also informed the Commission that it accepts vaccination certificates issued by the Member States and EEA countries in accordance with Regulation (EU) 2021/953.

(5)

On 12 September 2022, following a request by the Federative Republic of Brazil, the Commission carried out technical tests that demonstrated that the COVID-19 vaccination certificates issued by the Federative Republic of Brazil in accordance with the ‘Rede Nacional de Dados em Saúde’ 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 Federative Republic of Brazil in accordance with the ‘Rede Nacional de Dados em Saúde’ system contain the necessary data.

(6)

In addition, the Federative Republic of Brazil informed the Commission that it issues interoperable vaccination certificates for COVID-19 vaccines. Those vaccines currently include Comirnaty, Jcovden, Vaxzevria, CoronaVac, and Covid-19 (recombinant) by Fiocruz.

(7)

The Federative Republic of Brazil also informed the Commission that it does not issue interoperable test certificates.

(8)

Furthermore, the Federative Republic of Brazil informed the Commission that it does not issue interoperable certificates of recovery.

(9)

In addition, the Federative Republic of Brazil informed the Commission that when verifiers in the Federative Republic of Brazil verify certificates, the personal data included in them will be processed only to verify and confirm the holder’s vaccination status and will not be retained afterwards.

(10)

The necessary elements for establishing that COVID-19 vaccination certificates issued by the Federative Republic of Brazil in accordance with the ‘Rede Nacional de Dados em Saúde’ 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 Federative Republic of Brazil in accordance with the ‘Rede Nacional de Dados em Saúde’ 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 Federative Republic of Brazil 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 Federative Republic of Brazil 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,

(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 have 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 and test certificates issued by New Zealand in respect of the Cook Islands, Niue and Tokelau 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 and test certificates issued by New Zealand in respect of the Cook Islands, Niue and Tokelau 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 15 November 2021, the Commission adopted Implementing Decision (EU) 2021/1993 (3), establishing the equivalence, for the purpose of facilitating the right of free movement within the Union, of COVID-19 certificates issued by New Zealand under the system ‘My Covid Record’ to the certificates issued in accordance with Regulation (EU) 2021/953.

(4)

On 19 April 2022, New Zealand informed the Commission that the Cook Islands, Niue and Tokelau have requested it to seek an extension to Implementing Decision (EU) 2021/1993 so as to cover COVID-19 certificates issued in the Cook Islands, Niue and Tokelau. As noted by New Zealand, the Cook Islands and Niue are self-governing states in free association with New Zealand, while Tokelau is a non-self-governing territory of New Zealand. The request by New Zealand was made in the exercise of its obligations to take account of the vital interests of the Cook Islands, Niue and Tokelau.

(5)

In this context, New Zealand provided the Commission with detailed information on the issuance of interoperable COVID-19 vaccination and test certificates in respect of the Cook Islands, Niue and Tokelau under the system entitled ‘My Covid Record’, that is, the system covered by Implementing Decision (EU) 2021/1993. New Zealand informed the Commission that it considered that the COVID-19 certificates issued in respect of the Cook Islands, Niue and Tokelau using the ‘My Covid Record’ system 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, New Zealand informed the Commission that COVID-19 certificates issued in respect of the Cook Islands, Niue and Tokelau in accordance with the ‘My Covid Record’ system contain the data set out in the Annex to Regulation (EU) 2021/953.

(6)

New Zealand also informed the Commission that, the Cook Islands, Niue and Tokelau accept interoperable vaccination and test certificates issued by the Member States and EEA countries in accordance with Regulation (EU) 2021/953.

(7)

On 25 July 2022, following a request by New Zealand made on behalf of the Cook Islands, Niue and Tokelau, the Commission carried out technical tests that demonstrated that the COVID-19 vaccination and test certificates issued by New Zealand in respect of the Cook Islands, Niue and Tokelau in accordance with the ‘My Covid Record’ 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 and test certificates issued by New Zealand in respect of the Cook Islands, Niue and Tokelau in accordance with the ‘My Covid Record’ system contain the necessary data.

(8)

In addition, New Zealand informed the Commission that it issues interoperable vaccination certificates for COVID-19 vaccines in respect of the Cook Islands, Niue and Tokelau, which currently include Comirnaty.

(9)

New Zealand also informed the Commission that it issues interoperable test certificates for nucleic acid amplification tests and for antigen tests agreed by the Health Security Committee, established by Article 17 of Decision No 1082/2013/EU of the European Parliament and of the Council (4), on the basis of the Council Recommendation of 21 January 2021 (5), in respect of the Cook Islands, Niue and Tokelau.

(10)

Furthermore, New Zealand informed the Commission that it does not issue interoperable certificates of recovery in respect of the Cook Islands, Niue and Tokelau.

(11)

In addition, New Zealand informed the Commission that when verifiers in the Cook Islands, Niue and Tokelau verify certificates, the personal data included in them will be processed only to verify and confirm the holder’s vaccination or test result and will not retain the data afterwards.

(12)

The necessary elements for establishing that COVID-19 certificates issued by New Zealand in respect of the Cook Islands, Niue and Tokelau in accordance with the ‘My Covid Record’ system are to be considered as equivalent to those issued in accordance with Regulation (EU) 2021/953 are thus fulfilled.

(13)

Therefore, COVID-19 certificates issued by New Zealand in respect of the Cook Islands, Niue and Tokelau in accordance with the ‘My Covid Record’ system should be accepted under the conditions referred to in Article 5(5), Article 6(5), and Article 7(8) of Regulation (EU) 2021/953.

(14)

In order for this Decision to be operational, the connection of New Zealand to the EU Digital COVID Certificate trust framework established by Implementing Decision (EU) 2021/1993 should be extended to cover certificates issued in the Cook Islands, Niue and Tokelau.

(15)

In order to protect the Union’s interests, in particular in the area of public health, the Commission may use its powers to suspend or terminate this Decision if the conditions of Article 8(2) of Regulation (EU) 2021/953 are no longer met.

(16)

In view of the need to extend the connection of New Zealand to the EU Digital COVID Certificate trust framework established by Regulation (EU) 2021/953 to cover certificates issued in respect of the Cook Islands, Niue and Tokelau as rapidly as possible, this Decision should enter into force on the day following that of its publication in the Official Journal of the European Union.

(17)

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,