(1)

A skilled workforce is crucial to ensuring socially fair and just green and digital transitions, and to strengthening the Union’s sustainable competitiveness and resilience in the face of adverse external shocks, such as the COVID-19 pandemic or the fallout of Russia’s war of aggression against Ukraine. More adequate and better-matched skills open up new opportunities and empower individuals to fully participate in the labour market, society and democracy, to harness and benefit from the opportunities of the green and digital transitions, and to exercise their rights.

(2)

Across the Union, employers report that it is difficult to find workers with the necessary skills. The European Labour Authority, in its report entitled ‘Report on labour shortages and surpluses’, and the European Union Agency for Cybersecurity, in its report entitled ‘Cybersecurity skills development in the EU’, identified that 28 occupations were classified as having skills shortages in 2021, including in the healthcare, hospitality, construction and service sectors, and identified shortages of IT and security specialists, in particular cybersecurity experts, and workers with a science, technology, engineering and mathematics background. Increasingly, the biggest constraint to the successful green and digital transitions is the lack of workers with the right skills. Labour shortages can, in some cases, also be the result of unattractive jobs and poor working conditions. Tackling those issues, by means of offers of quality jobs and retention policies, is important for a well-functioning labour market. In many Member States, demographic ageing is expected to accelerate over the coming decade as ‘baby boom’ cohorts retire, reinforcing the need to make use of the full potential of all working-age adults, whatever their origin, through continuous investments in their skills as well as activating more people, in particular women and young people, especially those not in employment, education or training (NEETs), who face specific challenges that hinder their participation in the labour market. Efficient and comprehensive skills strategies, increased access to the education and training opportunities of disadvantaged groups, and combating stereotypes, in particular gender stereotypes, would help to increase employment and to reduce skills shortages. In order to ensure a socially fair and inclusive transition, such measures can be complemented with solutions for persons who are not able to reskill and upskill.

(3)

The availability of skilled staff and experienced managers, who play an essential role in the Union’s sustainable growth, also remains the most serious problem for a quarter of the Union’s 25 million small and medium-sized enterprises (SMEs), constituting the backbone of the Union’s economy and prosperity, representing 99 % of all businesses and employing 83 million people. The Commission communication of 10 March 2020 entitled ‘An SME strategy for a sustainable and digital Europe’ recognises the essential role of SMEs in the Union’s competitiveness and prosperity.

(4)

The lack of an adequately skilled workforce and the low rate of participation of working-age adults in training activities reduce opportunities in the labour market and result in social and economic inequalities that represent a significant challenge for the Union. The lack of an adequately skilled workforce and the low rate of participation in training activities also indicate considerable untapped potential of reskilling and upskilling to help mitigate increasing labour shortages in sectors such as manufacturing and services, and in particular in economic activities related to hospitality and manufacturing of computer and electronic equipment, and the care sector. However, participation in adult learning in the Union has stagnated over the last decade and 21 Member States fell short of the 2020 Union target. For many working-age adults, such as those in atypical forms of work, employees of SMEs, unemployed, inactive or low-qualified persons, skills development opportunities are too often out of reach. Increasing the reskilling and upskilling opportunities for those groups and for all working-age adults would contribute to reaching the Union employment target of 78 % for adults between 20 and 64 years old for whom the employment rate in 2021 was at 73,1 %. Further efforts are needed to provide effective support to adults with a low level of skills and to unemployed persons in accordance with the Council recommendations of 19 December 2016 on upskilling pathways: new opportunities for adults (3) and of 15 February 2016 on the integration of the long-term unemployed into the labour market (4).

(5)

Principle No 1 of the European Pillar of Social Rights (the ‘Pillar’) states that everyone has the right to quality and inclusive education, training and lifelong learning in order to maintain and acquire skills that enable them to participate fully in society and successfully manage transitions in the labour market. Principle No 4 of the Pillar refers to active support for employment, to uphold everyone’s right to timely and tailor-made assistance to improve their employment or self-employment prospects, including the right to receive support for training and re-qualification. Principle No 5 of the Pillar on secure and adaptable employment states that, regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training. Article 14(1) of the Charter of Fundamental Rights of the European Union (the ‘Charter’) states that everyone has the right to education and access to vocational and continuing training.

(6)

Principle No 3 of the Pillar underlines that regardless of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation, everyone has the right to equal treatment and opportunities, including employment, education and training. The European Year of Skills should be implemented in a manner that is inclusive and actively promotes equality for all. The European Pillar of Social Rights Action Plan, adopted by the Commission in its communication of 4 March 2021, points out that by increasing participation of groups which are currently underrepresented, it is possible to achieve more inclusive employment growth.

(7)

The Commission communication of 1 July 2020 entitled ‘European Skills Agenda for sustainable competitiveness, social fairness and resilience’ (the ‘European Skills Agenda’) calls for a skills revolution to ensure the recovery of the economy, to strengthen Europe’s global competitiveness and social fairness and to turn the green and digital transitions into opportunities for all. The European Skills Agenda aims to foster collective action on skills, to ensure that training content is aligned with the evolving labour market needs, and to better match training opportunities with people’s aspirations in order to encourage the uptake of such training opportunities across the working-age population. The European Parliament welcomed the objectives and actions of the European Skills Agenda in its resolution of 11 February 2021 (5).

(8)

On 25 June 2021, the European Council welcomed, in its conclusions, the Union headline targets of the European Pillar of Social Rights Action Plan, in line with the Porto Declaration of 8 May 2021, thereby welcoming the ambition of ensuring, by 2030, an employment rate of at least 78 % and that at least 60 % of all adults participate in training every year.

(9)

On 14 September 2022, the Commission President announced in her State of the Union address that the Commission would propose to make 2023 the European Year of Skills. She pointed to the problem of labour shortages in certain sectors and underlined the importance of investments in professional education and upskilling. She also underlined that attracting the right skills to the Union has to be part of the solution, supported by the speeding up and facilitating of the recognition of qualifications of third-country nationals. By means of the European Year of Skills, the Commission seeks to increase the momentum and foster the implementation of the many actions that it has already taken to strengthen reskilling and upskilling in the Union in order to address labour market shortages. The European Year of Skills is intended, by means of reskilling and upskilling, to support the sustainable growth of the Union’s social market economy, with the aim of boosting its competitiveness and of contributing to the creation of quality jobs.

(10)

On 15 September 2021, the Commission President announced in her State of the Union address the launch of a structured dialogue at top level to strengthen commitments on digital skills and education. Member States appointed national coordinators for that process. The European Year of Skills builds on that structured dialogue process, expanding its focus in line with the objectives of this Decision.

(11)

The European Year of Skills follows the European Year of Youth 2022 which sought to empower, honour, support and engage with young people, including those with fewer opportunities, in a post-COVID-19 pandemic perspective, with a view to having a long-term positive impact on young people. The European Year of Youth 2022 emphasised the importance of skills in order to find good quality employment for young people and to expand their employment opportunities.

(12)

By promoting a mindset of reskilling and upskilling throughout the Union, the European Year of Skills can have a broader positive impact on society and democracy, as a better skilled workforce also means more active and engaged citizens. Reskilling and upskilling equip workers with the skills needed to benefit from better quality job opportunities, to enhance their well-being at work and to progress in their personal and professional development, whilst boosting the competitiveness of the economy and contributing to the creation of quality jobs.

(13)

As employers, workers, the representatives of employers and workers, national, European and international social partners, chambers of commerce, and other stakeholders know best what skills are needed in their industrial ecosystems, strengthening their collective action on skills development has to be part of the solution. Social dialogue thus plays an important role in anticipating skills needs in the labour market. The Pact for Skills, launched by the Commission in 2020 as the first action under the European Skills Agenda, brings together employers, the social partners, education and training providers, public employment services and other key skills stakeholders, both private and public. So far, more than 700 organisations have signed up to the Pact for Skills and 12 large-scale partnerships in strategic sectors have been set up within its remit, with pledges to promote six million training opportunities. Members of the Pact for Skills benefit from dedicated services to deliver tangible results. The regional and local dimensions are also important, in particular in border regions, where finding workers with the right skills requires targeted measures in order to support effective cross-border labour markets. Similarly, disadvantaged and remote areas, including the outermost regions, face particular challenges as access to the labour market and reskilling and upskilling opportunities are limited.

(14)

The Council Resolution of 26 February 2021 on a strategic framework for European cooperation in education and training towards the European Education Area and beyond (2021-2030) (6) establishes as one of the strategic priorities of the framework ‘Making lifelong learning and mobility a reality for all’, as well as concrete actions aiming to acquire or update skills, namely reskilling and upskilling, throughout working life.

(15)

The Council recommendations of 16 June 2022 on individual learning accounts (7) and on European approach to micro-credentials for lifelong learning and employability (8) help people to embark on and continue their learning pathways in a more flexible and targeted way. The Council Resolution of 29 November 2021 on a new European agenda for adult learning 2021-2030 (9) promotes formal, non-formal and informal learning opportunities capable of providing all the necessary knowledge, skills and competences to create an inclusive, sustainable, socially just and more resilient Union. It emphasises adult learning as an important part of lifelong learning. Learning, quality career guidance and opportunities for skills self-assessment are among the measures needed to support people on their learning pathways.

(16)

The strengthened active labour market policies promoted in the Commission recommendation of 4 March 2021 on an effective active support to employment following the COVID-19 crisis (EASE) (10) aim to support transitions into new employment amid the recovery from the COVID-19 crisis and the better matching of skills in the labour market, supported by employment services with a sufficient administrative capacity.

(17)

The Council recommendation of 24 November 2020 on vocational education and training (VET) for sustainable competitiveness, social fairness and resilience (11) supports the modernisation of VET systems to equip young people and adults with the knowledge, skills and competences they need to thrive in the evolving labour market and in society, to manage the recovery and the just transitions to the green and digital economy, in times of demographic change and throughout all economic cycles. It promotes VET as a potential driver for innovation and growth, which is agile in adapting to labour market changes, providing skills for occupations in high demand and fostering inclusiveness and equal opportunities. It is essential to increase the attractiveness of VET by means of communication and outreach campaigns, centres of vocational excellence, special ecosystems for VET, and skills competitions, such as Euroskills.

(18)

Skills for the green transition and the reskilling and upskilling of the workforce will be needed in the context of the shift to a modern, resource-efficient, circular, inclusive, resilient and competitive economy, as set out in the Commission communication of 11 December 2019 entitled ‘the European Green Deal’, setting the path towards Union climate neutrality by 2050. The Commission communication of 14 July 2021 entitled ‘Fit for 55: delivering the EU’s 2030 Climate Target on the way to climate neutrality’ recognises that the green transition can only succeed if the Union has the skilled workforce that it needs in order to stay competitive, and points to the flagship actions of the European Skills Agenda to equip people with the skills that are needed for the green and digital transitions.

(19)

The ongoing green and digital transitions of Union industry and the related labour market needs require investment in developing strong VET systems across the Union, promoting problem-solving skills and competences for new technologies, such as smart production and machinery, advanced robotics, cloud computing, artificial intelligence, data processing and the internet of Things.

(20)

Use of digital tools and technologies is increasing in all parts of life and can create a digital divide. Digital skills are essential for participation in the labour market, but also for quality of life and active ageing. In the Union, more than 90 % of professional roles require a basic level of digital knowledge, while around 42 % of citizens in the Union, including 37 % of workers, lack basic digital skills. Decision (EU) 2022/2481 of the European Parliament and of the Council (12) establishes the objective of ensuring that at least 80 % of the Union population have at least basic digital skills by 2030, and sets the target of 20 million employed information and communication technology (ICT) specialists by 2030, with the aim of achieving gender convergence. The Commission communication of 17 January 2018 on the Digital Education Action Plan also stresses the lack of capacity of specialised education and training programmes to train additional ICT experts. Moreover, in its communication of 30 September 2020 on the Digital Education Action Plan 2021-2027, the Commission emphasises that technological means should be used to ease the accessibility and strengthen the flexibility of learning opportunities, including reskilling and upskilling.

(21)

The Commission communication of 5 May 2021 entitled ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’ calls for decisive action to make lifelong learning a reality for all and ensure that education and training keep pace with and help deliver the green and digital transitions. It underlines that a skilled workforce is key to ensuring that those transitions are successful, supporting the competitiveness of the Union’s industry and the creation of quality jobs. It also recognises the importance of strong partnerships between the Union, Member States, the social partners and other relevant stakeholders and cooperation between, and within, industrial ecosystems. The Commission communication of 9 December 2021 entitled ‘Building an economy that works for people: an action plan for the social economy’ stresses that the social economy can play a decisive role as it is an important proponent of socially fair and inclusive green and digital transitions and a key driver of social innovation, including in the field of reskilling and upskilling.

(22)

Attracting skilled third-country nationals can contribute to tackling the Union’s skills and labour shortages. Directive (EU) 2021/1883 of the European Parliament and of the Council (13) is a key achievement for attracting highly skilled talent into the labour market. In its communication of 23 September 2020 on a New Pact on Migration and Asylum, the Commission also places a strong emphasis on labour migration and on the integration of third-country nationals. In that context, the Commission communication of 27 April 2022 entitled ‘Attracting skills and talent to the EU’ aims to reinforce the legal framework and Union action in this area. It proposes to recast Council Directive 2003/109/EC (14) and Directive 2011/98/EU of the European Parliament and of the Council (15), with a view to simplifying the procedures for the admission of third-country workers of all skill levels to the Union and to improving their rights and their protection from labour exploitation. The Commission will continue to roll out an EU Talent Pool to facilitate labour matching with third-country nationals and is working towards the launch of tailor-made talent partnerships with specific key partner countries, in order to boost international labour mobility and the development of talent in a mutually beneficial and circular way. In addition, the Union continues to be the leading contributor to global funding for education focusing especially on teacher training, girls’ education and VET. This work, under the umbrella of the Commission’s and High Representative’s Joint communication of 1 December 2021 on the Global Gateway, is complementary with the objectives of this Decision.

(23)

Trust in, and the transparency of, qualifications, whether acquired in the Union or in a third country, are key in facilitating their recognition. Union tools, such as the European Qualifications Framework, Europass, ESCO, EU Skills Profile Tool for Third-Country Nationals, European Digital Credentials for Learning, the EURES portal and relevant Union competence frameworks are a starting point to help to increase the transparency and comparability of skills and qualifications. For well-functioning labour markets, skills must be understood and valued, whether acquired in formal, non-formal or informal settings. Further strengthening skills identification and documentation, as well as guidance to make skills visible, are crucial steps towards the better transparency and portability of all skills, including transversal skills, such as language skills, critical thinking, entrepreneurship, creativity, intercultural competences, team work and media literacy.

(24)

In many Member States, public and private investments in reskilling and upskilling are insufficient. Many employers, in particular SMEs, do not provide or fund training for their staff, and individuals in atypical work have less or no access to employer-sponsored training. Such inequalities may undermine individuals’ welfare and health, reduce economic competitiveness, result in missed opportunities and barriers to innovation, and risk leaving people behind in the green and digital transitions to more sustainable economic activities. Dedicating resources in order to ensure that employees are able to work with the latest technologies is important for the competitiveness of undertakings. An enabling framework unlocking and incentivising employers’ financial investments in skills and giving visibility to the economic value of reskilling and upskilling is needed. For example, the SME Relief Package aims to facilitate access to finance and skills. Moreover, Directive (EU) 2019/1152 of the European Parliament and of the Council (16) provides that Member States are to ensure that where an employer is required by Union or national law or by collective agreements to provide training to enable workers to carry out the work for which they are employed, such training is to be provided to workers free of cost, to count as working time and, where possible, to take place during working hours.

(25)

In the past, the Union witnessed significant increases in the public investments in initial education and training. However, to date, this has not been matched with corresponding increases in investments and the development of a holistic approach to support continuing skills development throughout the entire working life. The Council conclusions of 8 June 2020 invite Member States to explore possible models for public and private financing of lifelong learning and the development of skills on an individual level, and call on the Commission to support Member States in those efforts.

(26)

Significant Union financial support is available for reskilling and upskilling, for instance through the European Social Fund Plus (ESF+), the Recovery and Resilience Facility (RRF), the European Regional Development Fund, the Just Transition Fund, the InvestEU programme (InvestEU), the Digital Europe Programme, Erasmus+, Horizon Europe, the Programme for Environment and Climate Action (LIFE), the Modernisation Fund and the Neighbourhood, Development and International Cooperation Instrument – Global Europe. The ESF+ remains the main Union funding tool by which to invest in more and better skills of the workforce, in particular by supporting institutions and services to assess and anticipate skills needs and challenges, supporting reskilling and upskilling opportunities for workers offered by the public and private sectors. The Reinforced Youth Guarantee aims to ensure that all young people receive a good quality offer of employment, continued education, an apprenticeship or a traineeship within four months of becoming unemployed or leaving formal education. Reforms and investments included in Member States’ national recovery and resilience plans under the RRF have a prominent skills dimension, often linked with active labour market policies, in particular youth employment support. In the national recovery and resilience plans endorsed by the Commission and the Council to date, around 20 % of the social expenditure is dedicated to employment and skills.

(27)

The Recovery Assistance for Cohesion and the Territories of Europe (REACT-EU) was the first instrument of the NextGenerationEU recovery package to make payments for the recovery of Member States. It helped to create jobs and invest in skills in the regions most in need. Workers that lose their jobs due to large-scale restructuring events may also benefit from support through the European Globalisation Adjustment Fund for Displaced Workers to find new jobs, for instance through further education and training and tailored career guidance and advice.

(28)

Regulation (EU) 2021/1056 of the European Parliament and of the Council (17) establishing the Just Transition Fund recognises that the reskilling and upskilling of workers and jobseekers is an instrument needed to ensure a fair and inclusive green transition and to mitigate adverse consequences of that transition. The Council recommendation of 16 June 2022 on ensuring a fair transition towards climate neutrality (18) sets out specific guidance to help Member States to devise and implement policy packages on relevant employment and social aspects, including reskilling and upskilling policies. Furthermore, the Council recommendation of 16 June 2022 on learning for the green transition and sustainable development (19) promotes policies and programmes to ensure that learners of all ages acquire the knowledge and skills to benefit from a changing labour market, live sustainably and take action for a sustainable future.

(29)

InvestEU, under its social investment and skills window, supports demand for, and the supply of, skills, improving final recipients’ skills sets or skills utilisation and fostering skills-investment markets. InvestEU also supports general investments in education, training and related services. In addition, the just transition scheme under InvestEU supports investments, including those aimed at supporting the reskilling and upskilling of workers, in regions that are subject to an approved just transition plan, in accordance with Regulation (EU) 2021/1056, and projects that benefit those regions, provided that they are key to the green and digital transitions of those territories.

(30)

Tailor-made expertise through the Commission’s Technical Support Instrument can help Member States undertake reforms linked to national or regional strategies on skills, translating temporary Union funding into durable improvements in the available reskilling and upskilling opportunities. Mutual learning, facilitated by the Commission, can also support the process.

(31)

The Commission communication of 3 March 2021 entitled ‘Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030’ aims to ensure the full participation of persons with disabilities in society, on an equal basis with others in the Union and in third countries, supporting the implementation of the United Nations Convention on the Rights of Persons with Disabilities. Within the proposed strategy, the Commission commits to make sure that persons with disabilities can take part in training and learn new skills, as a fundamental requisite for employment and independence.

(32)

At Union level, the necessary financial allocation for the implementation of this Decision would be identified within the budget of the contributing programmes in accordance with the multiannual financial frameworks 2014-2020 and 2021-2027. Without prejudice to the powers of the European Parliament and the Council as budgetary authority, the aim should be to provide funding for the implementation of this Decision of at least EUR 9,3 million for operational expenses. The financial support to the European Year of Skills should be provided by relevant Union programmes and instruments, subject to the availability of funding, and in accordance with the applicable rules. The financing of the European Year of Skills should not be to the detriment of the financing of projects in current Union programmes and should aim to secure a long-lasting legacy of the European Year of Skills.

(33)

Since the objectives of this Decision cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale and effects of this Decision, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

(34)

In order to ensure swift implementation of the European Year of Skills, this Decision should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union,

(1)

Pursuant to Article 8 of Regulation (EU) 2015/2283, the Commission was to establish, by 1 January 2018, the Union list of novel foods authorised or notified under Regulation (EC) No 258/97 of the European Parliament and of the Council (2).

(2)

The Union list of novel foods authorised or notified under Regulation (EC) No 258/97 was established by Commission Implementing Regulation (EU) 2017/2470 (3).

(3)

The Commission has identified an error in the Annex to Implementing Regulation (EU) 2017/2470. A correction is needed in order to provide clarity and legal certainty to food business operators and to the Member States’ competent authorities, thus providing for the proper implementation and use of the Union list of novel foods.

(4)

The novel food ‘Phosphated distarch phosphate produced from wheat starch’ (phosphated wheat starch) was authorised under certain conditions of use by the United Kingdom competent authority in May 2014 in accordance with Regulation (EC) No 258/97. The novel food was erroneously not included in the Union list when the initial list was established. It is therefore appropriate that ‘Phosphated distarch phosphate produced from wheat starch’ is added to the Union list of novel foods.

(5)

Implementing Regulation (EU) 2017/2470 should therefore be corrected accordingly,

(1)

Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list of novel foods may be placed on the market within the Union.

(2)

Pursuant to Article 8 of Regulation (EU) 2015/2283, Commission Implementing Regulation (EU) 2017/2470 (2) has established a Union list of novel foods.

(3)

The Union list set out in the Annex to Implementing Regulation (EU) 2017/2470 includes Yarrowia lipolytica yeast biomass as an authorised novel food.

(4)

Commission Implementing Regulation (EU) 2019/760 (3) authorised the placing on the market of Yarrowia lipolytica yeast biomass as a novel food for use in food supplements as defined in Directive 2002/46/EC of the European Parliament and of the Council (4), excluding food supplements for infants and young children.

(5)

On 27 July 2020, the company Skotan S.A. (‘the applicant’) submitted an application to the Commission in accordance with Article 10(1) of Regulation (EU) 2015/2283 for a change of the conditions of use of the novel food Yarrowia lipolytica yeast biomass. The applicant requested to extend the use of Yarrowia lipolytica yeast biomass to meal replacements for weight control intended for the adult population. The applicant also requested a change of the labelling of the designation of the novel food.

(6)

In accordance with Article 10(3) of Regulation (EU) 2015/2283, the Commission consulted the European Food Safety Authority (‘the Authority’) on 21 December 2020, requesting it to provide a scientific opinion on the change of conditions of use of the novel food Yarrowia lipolytica yeast biomass.

(7)

On 1 July 2022, the Authority adopted its scientific opinion on the ‘Safety of an extension of use of Yarrowia lipolytica yeast biomass as a novel food pursuant to Regulation (EU) 2015/2283’ (5) in accordance with Article 11 of Regulation (EU) 2015/2283.

(8)

In its scientific opinion, the Authority concluded that the proposed change is safe under the proposed conditions of use, and therefore it is appropriate to amend the conditions of use of Yarrowia lipolytica yeast biomass.

(9)

In line with the conditions of use of meal replacements for weight control containing Yarrowia lipolytica yeast biomass as proposed by the applicant and assessed by the Authority, it is necessary to inform consumers through an appropriate label that the meal replacements for weight control containing Yarrowia lipolytica yeast biomass should only be consumed by persons above 18 years of age and should not be used if food supplements with added Yarrowia lipolytica yeast biomass are consumed on the same day.

(10)

The information provided in the application and the opinion of the Authority give sufficient grounds to establish that the changes to the conditions of use and the labelling of the designation (removal of the term ‘heat-killed’) of the novel food are in accordance with the conditions of Article 12 of Regulation (EU) 2015/2283 and should be approved.

(11)

The Annex to Implementing Regulation (EU) 2017/2470 should therefore be amended accordingly.

(12)

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

(1)

Commission Implementing Regulation (EU) No 571/2014 (2) approved ipconazole as an active substance in accordance with Regulation (EC) No 1107/2009 and listed it in Part B of the Annex to Commission Implementing Regulation (EU) No 540/2011 (3).

(2)

Following the submission of confirmatory data on the long-term risk to granivorous birds, as required by Article 1 in conjunction with Annex I to Implementing Regulation (EU) No 571/2014, the original rapporteur Member State, the United Kingdom (4), carried out an evaluation of the data, which was reviewed by Member States and the European Food Safety Authority (‘the Authority’). Based on the information submitted, the Authority concluded that there is a high long-term risk to birds for the representative uses of ipconazole (5).

(3)

On 9 March 2018, the Committee for Risk Assessment of the European Chemicals Agency adopted an opinion (6) in accordance with Article 37(4) of Regulation (EC) No 1272/2008 of the European Parliament and of the Council (7) in which it concluded, amongst others, that ipconazole meets the criteria to be classified as toxic for reproduction category 1B.

(4)

Commission Delegated Regulation (EU) 2020/1182 (8) consequently amended Annex VI to Regulation (EC) No 1272/2008 and classified ipconazole as toxic for reproduction category 1B.

(5)

In accordance with Article 4(3), point (e)(ii), of Regulation (EC) No 1107/2009, an active substance can only be approved if a plant protection product containing it does not have unacceptable effects on the environment, in particular on non-target species, which includes birds.

(6)

Under point 3.6.4 of Annex II to Regulation (EC) No 1107/2009 an active substance is only to be approved if it is not or has not to be classified in accordance with the provisions of Regulation (EC) No 1272/2008 as toxic for reproduction category 1B, unless the exposure of humans to that substance in a plant protection product under realistic proposed conditions of use is negligible.

(7)

In accordance with Article 21(1) of Regulation (EC) No 1107/2009, the Commission informed the Member States, the Authority and the applicant that it considered the approval criteria laid down in Article 4(3), point (e)(ii), of that Regulation and in point 3.6.4 of Annex II to that Regulation may no longer be met given that a high long-term risk to birds was identified and ipconazole is classified as toxic for reproduction category 1B. The Commission invited the applicant to submit comments.

(8)

The applicant provided comments and additional information which were considered and assessed by the new rapporteur Member State, Belgium.

(9)

The Commission requested the Authority to consider the information provided by the applicant, taking into consideration the assessment by the new rapporteur Member State, and specifically to consider the risks posed to birds from representative uses of ipconazole and whether the requirements regarding negligible exposure for humans (dietary and non-dietary exposure) set out in point 3.6.4 of Annex II to Regulation (EC) No 1107/2009 may be considered satisfied.

(10)

On 1 February 2022, the Authority communicated to the Commission its statement (9) in which it indicated that although residues of ipconazole in food are below the default value of 0,01 mg/kg and hence dietary exposure to ipconazole is expected to be negligible, there are uncertainties about exposure to operators and workers due to limitations in the studies submitted. In particular, for operators, measurements of exposure during equipment cleaning were not included in the study and the exposure during bagging was minimised due to a highly automated process, therefore limiting the representativeness of the study when considering the commonly used seed treatment practices across the Union. Thus, the study was of limited use. Furthermore, concerning workers, the study provided was of limited value since it only included data for two workers. Moreover, for one of those workers, exposure could not be considered negligible, even taking into account the use of personal protective equipment.

(11)

In addition, the Authority concluded that there is a high long-term risk to birds from the representative uses of ipconazole even after taking into account all appropriate refinements in the risk assessment.

(12)

The Commission invited the applicant to submit its comments on the statement of the Authority and on its proposal to withdraw the approval of ipconazole due to the concerns identified by the Authority. The applicant submitted its comments, which have been carefully examined.

(13)

The Commission considers that ipconazole no longer fulfils the criteria for approval laid down in Article 4(3), point (e)(ii), of Regulation (EC) No 1107/2009 and in point 3.6.4 of Annex II to that Regulation.

(14)

It is therefore appropriate to withdraw the approval of ipconazole.

(15)

Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly and Implementing Regulation (EU) No 571/2014 should be repealed.

(16)

Member States should be provided with sufficient time to withdraw authorisations for plant protection products containing ipconazole.

(17)

For plant protection products containing ipconazole, where Member States grant any grace period in accordance with Article 46 of Regulation (EC) No 1107/2009, that period should be as short as possible and expire no later than 9 months from the date of entry into force of this Regulation.

(18)

This Regulation does not prevent the submission of a new application for the approval of ipconazole pursuant to Article 7 of Regulation (EC) No 1107/2009.

(19)

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

(1)

The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (2) (‘the Trade and Cooperation Agreement’), was concluded by means of Decision (EU) 2021/689.

(2)

Title VIII of Part Three of the Trade and Cooperation Agreement supplements the provisions, and facilitates the application between Member States, on the one side, and the United Kingdom, on the other side, of the European Convention on Mutual Assistance in Criminal Matters, done at Strasbourg on 20 April 1959, the Additional Protocol to the European Mutual Assistance Convention, done at Strasbourg on 17 March 1978, and the Second Additional Protocol to the European Mutual Assistance Convention, done at Strasbourg on 8 November 2001.

(3)

Directive 2014/41/EU of the European Parliament and of the Council (3) regarding the European Investigation Order in criminal matters and the Council Act of 29 May 2000 establishing the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (4) apply in accordance with the Treaties.

(4)

Pursuant to Article 635(1) of the Trade and Cooperation Agreement, the Specialised Committee on Law Enforcement and Judicial Cooperation is to undertake to establish a standard form for requests for mutual assistance by adopting an annex to that Agreement. In accordance with Article 635(2) of the Trade and Cooperation Agreement, if the Specialised Committee on Law Enforcement and Judicial Cooperation adopts a decision establishing such a standard form, requests for mutual assistance are to be made using that standard form.

(5)

The standard form for requests for mutual assistance will facilitate mutual assistance between competent authorities in the Member States, on the one side, and the United Kingdom, on the other side, by indicating all the necessary information a request for mutual assistance should contain.

(6)

It is appropriate to establish the position to be taken on the Union’s behalf in the Specialised Committee on Law Enforcement and Judicial Cooperation.

(7)

The Trade and Cooperation Agreement is binding on all the Member States by virtue of Decision (EU) 2021/689, which is based on Article 217 of the Treaty on the Functioning of the European Union as its substantive legal basis.

(8)

Denmark and Ireland are bound by Part Three of the Trade and Cooperation Agreement by virtue of Decision (EU) 2021/689 and are therefore taking part in the adoption and application of this Decision which implements the Trade and Cooperation Agreement,

(1)

In accordance with Article 14 of Regulation (EU) 2016/425 of the European Parliament and of the Council (2), personal protective equipment that is in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, is to be presumed to be in conformity with the essential health and safety requirements set out in Annex II to that Regulation covered by those standards or parts thereof.

(2)

In Commission Implementing Decision C(2020)7924 (3), the Commission calls upon the European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (Cenelec) to draft harmonised standards in support of Regulation (EU) 2016/425.

(3)

On the basis of the request set out in Implementing Decision C(2020)7924, CEN drafted several new standards and revised a number of existing harmonised standards.

(4)

On the basis of Implementing Decision C(2020)7924, CEN drafted the following new harmonised standards: EN 13138-1:2021 on safety requirements and test methods for buoyant aids for swimming instructions, as corrected by EN 13138-1:2021/AC:2022, EN 17520:2021 on safety requirements and test methods for personal belay lanyards, and EN ISO 16321-2:2021 on additional requirements for eye and face protection used during welding and related techniques in support of Regulation (EU) 2016/425.

(5)

On the basis of Implementing Decision C(2020)7924, CEN revised the harmonised standards EN 166:2001, EN 169:2002, EN 170:2002, EN 171:2002, EN 172:1994 as amended by EN 172:1994/A1:2000 and EN 172:1994/A2:2001, EN 174:2001, EN 379:2003+A1:2009, EN 1731:2006 and EN ISO 20345:2011. That revision resulted in the adoption of harmonised standards EN ISO 16321-1:2022 on general requirements for eye and face protection for occupational use, EN ISO 16321-3:2022 on additional requirements for mesh eye and face protectors, EN ISO 18527-1:2022 on requirements for downhill skiing and snowboarding goggles and EN ISO 20345:2022 on safety footwear.

(6)

The Commission together with CEN has assessed whether the harmonised standards drafted and revised by CEN comply with the request set out in Implementing Decision C(2020)7924.

(7)

The harmonised standards EN 13138-1:2021, as corrected by EN 1318-1:2021/AC:2022, EN ISO 16321-1:2022, EN ISO 16321-2:2021, EN ISO 16321-3:2022, EN 17520:2021, EN ISO 18527-1:2022 and EN ISO 20345:2022 satisfy the requirements which they aim to cover and which are set out in Regulation (EU) 2016/425. It is therefore appropriate to publish the references of those harmonised standards in the Official Journal of the European Union.

(8)

The harmonised standards EN ISO 16321-2:2021 and EN ISO 16321-3:2022 refer to a normative reference standard EN ISO 16321-1:2020, the date of which is incorrect. Those harmonised standards should therefore be published with restriction in the Official Journal of the European Union.

(9)

It is necessary to withdraw the references of harmonised standards EN 166:2001, EN 169:2002, EN 170:2002, EN 172:1994 as amended by EN 172:1994/A1:2000, and EN 172:1994/A2:2001, EN 174:2001, EN 379:2003+A1:2009, EN 1731:2006 and EN ISO 20345:2011 from the Official Journal of the European Union, given that those standards have been revised.

(10)

In the interests of clarity and rationality, a complete list of references of harmonised standards drafted in support of Regulation (EU) 2016/425 and satisfying the requirements they aim to cover should be published in a single act. The references of harmonised standards drafted in support of Regulation (EU) 2016/425 are currently set out in Commission Implementing Decision (EU) 2020/668 (4) and Commission Communication 2018/C 209/03 (5).

(11)

Implementing Decision (EU) 2020/668 has been substantially amended several times. In the interests of clarity and rationality, and since further amendment needs to be made to that Implementing Decision, that Implementing Decision should be replaced.

(12)

Many of the references of harmonised standards published by Communication 2018/C 209/03 have been withdrawn by Implementing Decision (EU) 2020/668. Implementing Decision (EU) 2020/668 provides for the withdrawal of the remaining references of harmonised standards that are published by that Communication. In the interests of clarity and rationality, Communication 2018/C 209/03 should be repealed. To give manufacturers sufficient time to adapt their products to the revised versions of the standards concerned, Communication 2018/C 209/03 should continue to apply until the dates of withdrawal of the references of the concerned harmonised standards published by that Communication.

(13)

Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the date of its publication,