1.6.2023

Official Journal of the European Union

L 142/3

AGREEMENT

between the European Union and the Federative Republic of Brazil pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union

THE EUROPEAN UNION,

hereafter referred to as "the Union", and

THE FEDERATIVE REPUBLIC OF BRAZIL,

hereafter referred to as "Brazil",

hereafter jointly referred to as "the Parties",

HAVING REGARD to the negotiations which took place in accordance with Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on tariff rate quotas included in the European Union Tariff Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the Union as communicated to WTO Members in document G/SECRET/42/Add.2,

NOTING that this Agreement does not represent a precedent for future negotiations,

HAVE AGREED AS FOLLOWS:

Article 1

Objectives

Without prejudice to future negotiations under Article XXVIII of the GATT 1994 and for the purposes of the United Kingdom's withdrawal from the Union only, the objective of this Agreement is to agree on the quantitative commitments of the Union that no longer includes the United Kingdom, where Brazil has negotiating or consultation rights under Article XXVIII of the GATT 1994.

Article 2

Tariff rate quotas of the Union that no longer includes the United Kingdom

1. With respect to the tariff rate quotas where Brazil has negotiating rights under Article XXVIII of the GATT 1994, Brazil and the Union agree on the following volumes for scheduled commitments:

TRQ sequence number	Description	Unit	Other terms and conditions	Concession for the Union that no longer includes the United Kingdom
008	Boneless meat of bovine animals, fresh, chilled or frozen Edible offal of bovine animals, fresh, chilled or frozen	t	Brazil	8 951
010	Meat of bovine animals, frozen Edible offal of bovine animals, frozen	t (boneless weight)	Erga omnes	43 732
011	Meat of bovine animals, frozen Edible offal of bovine animals, frozen	t (bone-in weight)	Erga omnes	19 676
020	Meat of sheep or goats, fresh, chilled or frozen	t (carcasse weight)	Other	200
020	Meat of sheep or goats, fresh, chilled or frozen	t (carcasse weight)	Erga omnes	178
021	Edible offal of bovine animals, frozen	t	Other	800
022	Chicken carcasses, fresh, chilled or frozen	t	Erga omnes	4 054
024	Chicken cuts, fresh, chilled or frozen	t	Erga omnes	8 253
025	Boneless cuts of fowls of the species Gallus domesticus, frozen	t	Erga omnes	2 427
026	Cuts of fowls of the species Gallus domesticus, frozen	t	Brazil	8 879
026	Cuts of fowls of the species Gallus domesticus, frozen	t	Erga omnes	13 471
027	Turkey meat, fresh, chilled or frozen	t	Erga omnes	1 781
028	Cuts of turkeys, frozen	t	Brazil	2 885
028	Cuts of turkeys, frozen	t	Erga omnes	4 253
029	Salted poultry meat	t	Brazil	124 497
053	Manioc (casava) other than pellets of flour and meal Arrowroot, salep and similar roots and tubers with high starch content	t	Other WTO Members except Thailand, China and Indonesia	124 552
057	Sweet oranges, fresh	t	Erga omnes	20 000
060	Table grapes, fresh, from 21 July to 31 October	t	Erga omnes	885
071	Maize	t	Erga omnes	276 440
088	Prepared turkey meat	t	Brazil	91 767
089	Processed chicken meat, uncooked, containing 57 % or more by weight of poultry meat or offal	t	Brazil	13 800
090	Cooked meat of fowls of the species Gallus domesticus	t	Brazil	37 453
091	Processed chicken meat, containing 25 % or more but less than 57 % by weight of poultry meat or offal	t	Brazil	59 343
092	Processed chicken meat, containing less than 25 % by weight of poultry meat or offal	t	Brazil	295
098	Raw cane sugar, for refining	t	Brazil	341 553
098	Raw cane sugar, for refining	t	Erga omnes	341 460
103	Chocolate	t	Erga omnes	81
108	Preserved pineapples, citrus fruit, pears, apricots, cherries, peaches and strawberries	t	Erga omnes	2 820
109	Orange juice, frozen, of a density not exceeding 1,33 g/cm3 at 20° C	t	Erga omnes	1 500
110	Fruit juices	t	Erga omnes	6 551
013	Plywood of coniferous species, without the addition of other substances: — of which the faces are not further prepared than the peeling process, of a thickness greater than 8,5 mm, or — sanded, of a thickness greater than 18,5 mm	cubic m	Erga omnes	448 500

2. With respect to the tariff rate quotas where Brazil has consultation rights under Article XXVIII of the GATT 1994, Brazil is satisfied with the following volumes for scheduled commitments:

TRQ sequence number	Description	Unit	Other terms and conditions	Concession for the Union that no longer includes the United Kingdom
046	Garlic	t	Other	3 711
061	Apples, fresh, from 1 April to 31 July	t	Erga omnes	666
068	Common wheat (medium and low quality)	t	Other	2 285 665
068	Common wheat (medium and low quality)	t	Erga omnes	129 577
075	Husked (brown) rice	t	Erga omnes	1 416
076	Semi-milled or wholly milled rice	t	Erga omnes	45 272
077	Semi-milled or wholly milled rice	t	Other	7 779
078	Semi-milled or wholly milled rice	t	Erga omnes	22 442
079	Broken rice, intended for the production of foodstuffs of subheading 1901 10 00	t	Erga omnes	1 000
080	Broken rice	t	Erga omnes	28 360
081	Broken rice	t	Erga omnes	93 709
102	Confectionary	t	Erga omnes	2 245
112	Food preparations	t	Erga omnes	783
119	Preparations consisting of a mixture of malt sprouts and of barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing, by weight, 12,5 % or more of protein Preparations consisting of a mixture of malt sprouts and of barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing, by weight, 12,5 % or more of protein and not more than 28 % of starch	t	Erga omnes	20 000
120	Preparations consisting of a mixture of malt sprouts and of barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing, by weight, 15,5 % or more of protein Preparations consisting of a mixture of malt sprouts and of barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing, by weight, 15,5 % or more of protein and not more than 23 % of starch	t	Erga omnes	100 000
121	Other preparations of a kind used in animal feeding: Containing no milk products or containing less than 10 % by weight of such products	t	Erga omnes	2 800
122	Other preparations of a kind used in animal feeding: Containing no milk products or containing less than 10 % by weight of such products	t	Erga omnes	2 700
001	Tunas (of the genus Thunnus) and fish of the genus Euthynnus	t	Erga omnes	17 221
016	Ferro-silicon	t	Erga omnes	12 600
017	Ferro-silicon-manganese	t	Erga omnes	18 550
018	Ferro-chromium containing not more than 0,10 % by weight of carbon, and more than 30 % but not more than 90 % of chromium	t	Erga omnes	2 804

3. With respect to the tariff rate quotas listed in paragraph 1, the Union will acknowledge Brazil's initial negotiating rights.

4. With respect to the tariff rate quota 011 (meat of bovine animals, frozen; edible offal of bovine animals, frozen), Brazil and the Union agree on the following change to scheduled commitments to facilitate the usage of the tariff rate quota: the ad valorem part of the in-quota duty shall be limited to 15 %, instead of 20 %, as it currently stands.

5. With respect to the Brazil country specific allocation for tariff rate quota 098 (raw cane sugar, for refining), notwithstanding the bound in quota rate of 98 EUR per tonne, and provided that the relevant quantities are available within the tariff rate quota period running at the moment of the entry into force of this Agreement, the Union will autonomously apply:

(a)	In the year in which the Agreement enters into force (year 1), an in-quota rate of no more than 11 EUR per tonne on a volume of 5 963 tonnes;

(b)	In year 2, an in-quota rate of no more than 11 EUR per tonne on a volume of 4 472 tonnes and an in-quota rate of no more than 54 EUR per tonne on an additional volume of 5 963 tonnes.

Where the relevant quantities are not available in full within the tariff rate quota period running at the moment of the entry into force of this Agreement, the Union will implement point (a) starting from year 2 and for a duration corresponding to the period between the entry into force of this Agreement and implementing point (b) in year 3.

Article 3

The Union's ongoing negotiations under Article XXVIII of the GATT 1994

1. The Parties acknowledge that the Union is continuing to conduct negotiations and consultations with other WTO Members holding negotiating or consultation rights under Article XXVIII of the GATT 1994 as a consequence of the United Kingdom's withdrawal from the Union as communicated to WTO Members.

2. As a result of those negotiations and consultations, the Union may consider a change to the shares and quantities set out in Article 2 or those in document G/SECRET/42/Add.2. In the event of such a change with regard to a prior tariff rate quota commitment of the Union for which Brazil has a negotiating or consultation right, the Union shall consult or negotiate with Brazil, as appropriate, with a view to seeking a mutually satisfactory outcome before proceeding to any such change, without prejudice to each party's rights under Article XXVIII of the GATT 1994.

Article 4

Poultry tariff rate quotas 029, 088, 089, 090, 091, 092

For imports of poultry products under tariff rate quotas 029, 088, 089, 090, 091, 092 opened by the Union in favour of Brazil, the proof of origin to be presented when the product is released for free circulation continues to be a certificate of origin issued in a non-discriminatory way by the competent authorities in Brazil.

Article 5

Implementation of the new TRQ volumes

1. The changes to tariff rate quotas introduced by this Agreement shall apply at the earliest from the date when the corresponding changes provided for in the Agreement under Article XXVIII of the GATT 1994 between Brazil and the United Kingdom become applicable.

2. Brazil shall inform the Union about the conclusion of the negotiations under Article XXVIII of the GATT 1994 with the United Kingdom without undue delay.

3. The Union will use its best efforts to coordinate with the United Kingdom on a schedule to implement the relevant amendments concerning the volumes for the poultry tariff rate quotas modified by this Agreement so as to ensure that the aggregate volume of each Union/United Kingdom pair of the poultry tariff rate quotas will never be lower than the existing volume of the Union's tariff rate quotas before the United Kingdom's withdrawal from the Union. This is without prejudice to any future recourse to Article XXVIII of the GATT 1994 by either the Union or the United Kingdom.

Article 6

Final provisions

1. This Agreement shall enter into force on the day following the date on which the Union has notified Brazil of the completion of its internal legal procedures necessary for this purpose.

2. This arrangement constitutes an international agreement between the Union and Brazil, including for the purposes of Article XXVIII:3(a) and (b) of the GATT 1994.

3. This Agreement shall be drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly authorised to this effect, have signed this Agreement.

Съставено в Брюксел на първи февруари две хиляди двадесет и трета година.

Hecho en Bruselas, el uno de febrero de dos mil veintitrés.

V Bruselu dne prvního února dva tisíce dvacet tři.

Udfærdiget i Bruxelles den første februar to tusind og treogtyve.

Geschehen zu Brüssel am ersten Februar zweitausenddreiundzwanzig.

Kahe tuhande kahekümne kolmanda aasta veebruarikuu esimesel päeval Brüsselis.

Έγινε στις Βρυξέλλες, την πρώτη Φεβρουαρίου δύο χιλιάδες είκοσι τρία.

Done at Brussels on the first day of February in the year two thousand and twenty three.

Fait à Bruxelles, le premier février deux mille vingt-trois.

Arna dhéanamh sa Bhruiséil, an chéad lá de Feabhra na bhliain dhá mhíle fiche a trí.

Sastavljeno u Bruxellesu prvog veljače godine dvije tisuće dvadeset treće.

Fatto a Bruxelles, addì primo febbraio duemilaventitré.

Briselē, divi tūkstoši divdesmit trešā gada pirmajā februārī.

Priimta du tūkstančiai dvidešimt trečių metų vasario pirmą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-huszonharmadik év február havának első napján.

Magħmul fi Brussell, fl-ewwel jum ta' Frar fis-sena elfejn u tlieta u għoxrin.

Gedaan te Brussel, een februari tweeduizend drieëntwintig.

Sporządzono w Brukseli dnia pierwszego lutego roku dwa tysiące dwudziestego trzeciego.

Feito em Bruxelas, em um de fevereiro de dois mil e vinte e três.

Întocmit la Bruxelles la întâi februarie două mii douăzeci și trei.

V Bruseli prvého februára dvetisícdvadsaťtri.

V Bruslju, prvega februarja dva tisoč triindvajset.

Tehty Brysselissä ensimmäisenä päivänä helmikuuta vuonna kaksituhattakaksikymmentäkolme.

Som skedde i Bryssel den första februari år tjugohundratjugotre.

1.6.2023

Official Journal of the European Union

L 142/15

COMMISSION IMPLEMENTING REGULATION (EU) 2023/1058

of 30 May 2023

amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada, the United Kingdom and the United States in the lists of third countries authorised for the entry into the Union of consignments of poultry, germinal products of poultry and fresh meat of poultry and game birds

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Articles 230(1) and 232(1) and (3) thereof.

Whereas:

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

(2)

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

(3)

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

(4)

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

(5)	Canada has notified the Commission of five outbreaks of highly pathogenic avian influenza (HPAI) in poultry in the provinces of Quebec (4) and British Colombia (1) which were confirmed on 18 April 2023 and 6 May 2023 by laboratory analysis (RT-PCR).

(6)	Furthermore, the United Kingdom has notified the Commission of an outbreak of HPAI in poultry in the county of Lincolnshire in England, which was confirmed on 16 May 2023 by laboratory analysis (RT-PCR).

(7)

Following those recent outbreaks of HPAI, the veterinary authorities of Canada and the United Kingdom established restricted zones of at least 10 km around the affected establishments and implemented a stamping-out policy in order to control the presence of HPAI and limit the spread of that disease.

(8)

Canada and the United Kingdom have submitted information to the Commission on the epidemiological situation on their territories and the measures they have taken to prevent the further spread of HPAI. That information has been evaluated by the Commission. On the basis of that evaluation and in order to protect the animal health status of the Union, the entry into the Union of consigments of poultry, germinal products of poultry, and fresh meat of poultry and game birds from the areas under restrictions established by the veterinary authorities of Canada and the United Kingdom due to the recent outbreaks of HPAI should no longer be authorised.

(9)	Furthermore, Canada has submitted updated information on the epidemiological situation on its territory in relation to six outbreaks of HPAI in poultry establishments in the provinces of British Columbia (4) and Quebec (2), which were confirmed between 25 November 2022 and 2 February 2023.

(10)	In addition, the United Kingdom has submitted updated information on the epidemiological situation on its territory in relation to an outbreak of HPAI in poultry establishments in the county of Devon in England, United Kingdom, which was confirmed on 31 March 2023.

(11)

Moreover, the United States has submitted updated information on the epidemiological situation on its territory in relation to 25 outbreaks of HPAI in poultry establishments in the states of Alaska (1), Colorado (1), Florida (2), Illinois (2), Indiana (1), Missouri (1), New York (2), Oregon (4), Pennsylvania (3), South Dakota (1), Tennessee (3), Utah (1), Virginia (2) and Wisconsin (1), which were confirmed between 12 July 2022 and 5 April 2023.

(12)

Furthermore, Canada, the United Kingdom and the United States have also submitted information on the measures they have taken to prevent the further spread of HPAI. In particular, following those outbreaks of that disease, Canada, the United Kingdom and the United States have implemented a stamping out policy in order to control and limit the spread of that disease, and they have also completed the requisite cleaning and disinfection following the implementation of the stamping out policy on the infected poultry establishments on their territories.

(13)

The Commission has evaluated the information submitted by Canada, the United Kingdom and the United States and concluded that the outbreaks of HPAI in poultry establishments have been cleared and that there is no longer a risk associated with the entry into the Union of poultry commodities from the zones of Canada, the United Kingdom and the United States from which the entry into the Union of poultry commodities was suspended following those outbreaks.

(14)	Annexes V and XIV to Implementing Regulation (EU) 2021/404 should be therefore amended to take account of the current epidemiological situation as regards HPAI in Canada, the United Kingdom and the United States.

(15)

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

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

HAS ADOPTED THIS REGULATION:

Article 1

Annexes V and XIV to Implementing Regulation (EU) 2021/404 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, 30 May 2023.

For the Commission

The President

Ursula VON DER LEYEN

(1) OJ L 84, 31.3.2016, p. 1.

(2) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).

(3) Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and of the Council (OJ L 114, 31.3.2021, p. 1).

ANNEX

Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended as follows:

(1)

Annex V is amended as follows:

(a)

in Part 1, Section B is amended as follows:

(i)

in the entry for Canada, the row for the zone CA-2.158 is replaced by the following:

‘CA

Canada

CA-2.158

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

25.11.2022

16.5.2023’

(ii)

in the entry for Canada, the row for the zone CA-2.160 is replaced by the following:

‘CA

Canada

CA-2.160

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

28.11.2022

16.5.2023’

(iii)

in the entry for Canada, the rows for the zones CA-2.165 and CA-2.166 are replaced by the following:

‘CA

Canada

CA-2.165

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

9.12.2022

16.5.2023

CA-2.166

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

13.12.2022

16.5.2023’

(iv)

in the entry for Canada, the rows for the zones CA-2.172 and CA-2.173 are replaced by the following:

‘CA

Canada

CA-2.172

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

31.1.2023

16.5.2023

CA-2.173

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

2.2.2023

16.5.2023’

(v)

in the entry for Canada, the following rows for the zones CA-2.186 to CA-2.190 are added after the row for the zone CA-2.185:

‘CA Canada	CA-2.186	BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20	N, P1	18.4.2023
	CA-2.187	BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20	N, P1	18.4.2023
	CA-2.188	BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20	N, P1	28.4.2023
	CA-2.189	BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20	N, P1	28.4.2023
	CA-2.190	BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20	N, P1	6.5.2023’

(vi)

in the entry for the United Kingdom, the row for the zone GB-2.297 is replaced by the following:

‘GB

United Kingdom

GB-2.297

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

31.3.2023

17.5.2023’

(vii)

in the entry for the United Kingdom, the following row for the zone GB-2.303 is added after the row for the zone GB-2.302:

‘GB

United Kingdom

GB-2.303

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

16.5.2023’

(viii)

in the entry for the United States, the row for the zone US-2.231 is replaced by the following:

‘US

United States

US-2.231

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

12.7.2022

20.4.2023’

(ix)

in the entry for the United States, the row for the zone US-2.233 is replaced by the following:

‘US

United States

US-2.233

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

15.7.2022

20.4.2023’

(x)

in the entry for the United States, the row for the zone US-2.235 is replaced by the following:

‘US

United States

US-2.235

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

19.7.2022

20.4.2023’

(xi)

in the entry for the United States, the row for the zone US-2.311 is replaced by the following:

‘US

United States

US-2.311

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

14.10.2022

15.4.2023’

(xii)

in the entry for the United States, the row for the zone US-2.333 is replaced by the following:

‘US

United States

US-2.333

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

3.11.2022

20.4.2023’

(xiii)

in the entry for the United States, the row for the zone US-2.339 is replaced by the following:

‘US

United States

US-2.339

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

7.11.2022

21.4.2023’

(xiv)

in the entry for the United States, the row for the zone US-2.350 is replaced by the following:

‘US

United States

US-2.350

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

16.11.2022

20.4.2023’

(xv)

in the entry for the United States, the row for the zone US-2.352 is replaced by the following:

‘US

United States

US-2.352

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

22.11.2022

24.4.2023’

(xvi)

in the entry for the United States, the row for the zone US-2.361 is replaced by the following:

‘US

United States

US-2.361

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

28.11.2022

24.4.2023’

(xvii)

in the entry for the United States, the row for the zone US-2.365 is replaced by the following:

‘US

United States

US-2.365

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

30.11.2022

6.5.2023’

(xviii)

in the entry for the United States, the row for the zone US-2.375 is replaced by the following:

‘US

United States

US-2.375

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

9.12.2022

14.5.2023’

(xix)

in the entry for the United States, the row for the zone US-2.384 is replaced by the following:

‘US

United States

US-2.384

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

13.12.2022

20.4.2023’

(xx)

in the entry for the United States, the rows for the zones US-2.387 and US-2.388 are replaced by the following:

‘US

United States

US-2.387

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

14.12.2022

11.5.2023

US-2.388

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

14.12.2022

29.4.2023’

(xxi)

in the entry for the United States, the row for the zone US-2.393 is replaced by the following:

‘US

United States

US-2.393

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

21.12.2022

29.4.2023’

(xxii)

in the entry for the United States, the row for the zone US-2.395 is replaced by the following:

‘US

United States

US-2.395

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

28.12.2022

29.4.2023’

(xxiii)

in the entry for the United States, the row for the zone US-2.402 is replaced by the following:

‘US

United States

US-2.402

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

19.1.2023

10.5.2023’

(xxiv)

in the entry for the United States, the row for the zone US-2.405 is replaced by the following:

‘US

United States

US-2.405

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

25.1.2023

10.5.2023’

(xxv)

in the entry for the United States, the row for the zone US-2.407 is replaced by the following:

‘US

United States

US-2.407

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

1.2.2023

20.4.2023’

(xxvi)

in the entry for the United States, the row for the zone US-2.412 is replaced by the following:

‘US

United States

US-2.412

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

8.2.2023

20.4.2023’

(xxvii)

in the entry for the United States, the row for the zone US-2.420 is replaced by the following:

‘US

United States

US-2.420

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

24.2.2023

24.4.2023’

(xxviii)

in the entry for the United States, the row for the zone US-2.431 is replaced by the following:

‘US

United States

US-2.431

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

6.3.2023

20.4.2023’

(xxix)

in the entry for the United States, the row for the zone US-2.446 is replaced by the following:

‘US

United States

US-2.446

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

21.3.2023

28.4.2023’

(xxx)

in the entry for the United States, the rows for the zones US-2.449 and US-2.450 are replaced by the following:

‘US

United States

US-2.449

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

22.3.2023

7.5.2023

US-2.450

BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20

N, P1

5.4.2023

7.5.2023’

(b)

Part 2 is amended as follows:

(i)

in the entry for Canada, the following descriptions of the zones CA-2.186 to CA-2.190 are added after the description of the zone CA-2.185:

‘Canada	CA-2.186	Quebec- Latitude 45.71, Longitude -72.71 The municipalities involved are: 3km PZ: Sainte-Hélène-de-Bagot and Saint-Hugues 10km SZ: Sainte-Hélène-de-Bagot, Saint-Eugène-de-Grantham, Saint-Germain de-Grantham, Saint-Guillaume, Saint-Hugues, Saint-Liboire, Sait-Nazaire-d’Acton, Saint-Simon-De-Bagot, Saint-Théodore-d’Acton, and Upton
	CA-2.187	Quebec- Latitude 45.41, Longitude -73.32 The municipalities involved are: 3km PZ: Carignan and Saint-Jean-sur-Richelieu 10km SZ: Brossard, Carignan, Chambly, La Prairie, Richelieu, Saint-Hubert, Saint Jean-sur-Richelieu, Saint-Mathias-sur-Richelieu, and Saint-Philippe
	CA-2.188	Quebec- Latitude 45.81, Longitude -72.79 The municipalities involved are: 3km PZ: Saint-Hughes 10km SZ: Saint-Marcel-de-Richelieu, Lanoieville, Saint-Eugène-de-Grantham, Saint-Simon-de-Bagot, Clairvaux-de-Bagot and Sainte-Hélène-de-Bagot
	CA-2.189	British Columbia- Latitude 49.09, Longitude -122.03 The municipalities involved are: 3km PZ: Yarrow and Barrowtown 10km SZ: Kilgard, Lindell, Lindell Beach, Cultus Lake, South Sumas, Greendale and Arnold
	CA-2.190	Quebec- Latitude 45.8, Longitude -72.78 The municipalities involved are: 3km PZ: Saint Hughes 10km SZ: Saint-Marcel-de-Richelieu, Saint-Guillaume, Saint-Eugène-de Grantham, Sainte-Hélène-de-Bagot, Clarivaux-de-Bagot, Saint-Simon-de-Bagot and Lanoieville’

(ii)

in the entry for the United Kingdom, the following description of the zone GB-2.303 is added after the description of the zone GB-2.302:

‘United Kingdom

GB-2.303

near Scunthorpe, North Lincolnshire, Lincolnshire, England, GB

The area contained with a circle of a radius of 10km, centred on WGS84 dec, coordinates Lat: N53.53 and Long: W0.72’

(2)

in Annex XIV, in Part 1, Section B is amended as follows:

(i)

in the entry for Canada, the rows for the zone CA-2.158 are replaced by the following:

‘CA

Canada

CA-2.158

POU, RAT

N, P1

25.11.2022

16.5.2023

GBM

25.11.2022

16.5.2023’

(ii)

in the entry for Canada, the rows for the zone CA-2.160 are replaced by the following:

‘CA

Canada

CA-2.160

POU, RAT

N, P1

28.11.2022

16.5.2023

GBM

28.11.2022

16.5.2023’

(iii)

in the entry for Canada, the rows for the zones CA-2.165 and CA-2.166 are replaced by the following:

‘CA Canada	CA-2.165	POU, RAT	N, P1	9.12.2022	16.5.2023
	CA-2.165	GBM	P1	9.12.2022	16.5.2023
	CA-2.166	POU, RAT	N, P1	13.12.2022	16.5.2023
	CA-2.166	GBM	P1	13.12.2022	16.5.2023’

(iv)

in the entry for Canada, the rows for the zones CA-2.172 and CA-2.173 are replaced by the following:

‘CA Canada	CA-2.172	POU, RAT	N, P1	31.1.2023	16.5.2023
	CA-2.172	GBM	P1	31.1.2023	16.5.2023
	CA-2.173	POU, RAT	N, P1	2.2.2023	16.5.2023
	CA-2.173	GBM	P1	2.2.2023	16.5.2023’

(v)

in the entry for Canada, the following rows for the zones CA-2.186 to CA-2.190 are added after the row for the zone CA-2.185:

‘CA Canada	CA-2.186	POU, RAT	N, P1	18.4.2023
	CA-2.186	GBM	P1	18.4.2023
	CA-2.187	POU, RAT	N, P1	18.4.2023
	CA-2.187	GBM	P1	18.4.2023
	CA-2.188	POU, RAT	N, P1	28.4.2023
	CA-2.188	GBM	P1	28.4.2023
	CA-2.189	POU, RAT	N, P1	28.4.2023
	CA-2.189	GBM	P1	28.4.2023
	CA-2.190	POU, RAT	N, P1	6.5.2023
	CA-2.190	GBM	P1	6.5.2023’

(vi)

in the entry for the United Kingdom, the rows for the zone GB-2.297 are replaced by the following:

‘GB

United Kingdom

GB-2.297

POU, RAT

N, P1

31.3.2023

17.5.2023

GBM

31.3.2023

17.5.2023’

(vii)

in the entry for the United Kingdom, the following rows for the zone GB-2.303 are added after the row for the zone GB-2.302:

‘GB

United Kingdom

GB-2.303

POU, RAT

N, P1

16.5.2023

GBM

16.5.2023’

(viii)

in the entry for the United States, the rows for the zone US-2.231 are replaced by the following:

‘US

United States

US-2.231

POU, RAT

N, P1

12.7.2022

20.4.2023

GBM

12.7.2022

20.4.2023’

(ix)

in the entry for the United States, the rows for the zone US-2.233 are replaced by the following:

‘US

United States

US-2.233

POU, RAT

N, P1

15.7.2022

20.4.2023

GBM

15.7.2022

20.4.2023’

(x)

in the entry for the United States, the rows for the zone US-2.235 are replaced by the following:

‘US

United States

US-2.235

POU, RAT

N, P1

19.7.2022

20.4.2023

GBM

19.7.2022

20.4.2023’

(xi)

in the entry for the United States, the rows for the zone US-2.311 are replaced by the following:

‘US

United States

US-2.311

POU, RAT

N, P1

14.10.2022

15.4.2023

GBM

14.10.2022

15.4.2023’

(xii)

in the entry for the United States, the rows for the zone US-2.333 are replaced by the following:

‘US

United States

US-2.333

POU, RAT

N, P1

3.11.2022

20.4.2023

GBM

3.11.2022

20.4.2023’

(xiii)

in the entry for the United States, the rows for the zone US-2.339 are replaced by the following:

‘US

United States

US-2.339

POU, RAT

N, P1

7.11.2022

21.4.2023

GBM

7.11.2022

21.4.2023’

(xiv)

in the entry for the United States, the rows for the zone US-2.350 are replaced by the following:

‘US

United States

US-2.350

POU, RAT

N, P1

16.11.2022

20.4.2023

GBM

16.11.2022

20.4.2023’

(xv)

in the entry for the United States, the rows for the zone US-2.352 are replaced by the following:

‘US

United States

US-2.352

POU, RAT

N, P1

22.11.2022

24.4.2023

GBM

22.11.2022

24.4.2023’

(xvi)

in the entry for the United States, the rows for the zone US-2.361 are replaced by the following:

‘US

United States

US-2.361

POU, RAT

N, P1

28.11.2022

24.4.2023

GBM

28.11.2022

24.4.2023’

(xvii)

in the entry for the United States, the rows for the zone US-2.365 are replaced by the following:

‘US

United States

US-2.365

POU, RAT

N, P1

30.11.2022

6.5.2023

GBM

30.11.2022

6.5.2023’

(xviii)

in the entry for the United States, the rows for the zone US-2.375 are replaced by the following:

‘US

United States

US-2.375

POU, RAT

N, P1

9.12.2022

14.4.2023

GBM

9.12.2022

14.4.2023’

(xix)

in the entry for the United States, the rows for the zone US-2.384 are replaced by the following:

‘US

United States

US-2.384

POU, RAT

N, P1

13.12.2022

20.4.2023

GBM

13.12.2022

20.4.2023’

(xx)

in the entry for the United States, the rows for the zones US-2.387 and US-2.388 are replaced by the following:

‘US United States	US-2.387	POU, RAT	N, P1	14.12.2022	11.5.2023
	US-2.387	GBM	P1	14.12.2022	11.5.2023
	US-2.388	POU, RAT	N, P1	14.12.2022	29.4.2023
	US-2.388	GBM	P1	14.12.2022	29.4.2023’

(xxi)

in the entry for the United States, the rows for the zone US-2.393 are replaced by the following:

‘US

United States

US-2.393

POU, RAT

N, P1

21.12.2022

29.4.2023

GBM

21.12.2022

29.4.2023’

(xxii)

in the entry for the United States, the rows for the zone US-2.395 are replaced by the following:

‘US

United States

US-2.395

POU, RAT

N, P1

28.12.2022

29.4.2023

GBM

28.12.2022

29.4.2023’

(xxiii)

in the entry for the United States, the rows for the zone US-2.402 are replaced by the following:

‘US

United States

US-2.402

POU, RAT

N, P1

19.1.2023

10.5.2023

GBM

19.1.2023

10.5.2023’

(xxiv)

in the entry for the United States, the rows for the zone US-2.405 are replaced by the following:

‘US

United States

US-2.405

POU, RAT

N, P1

25.1.2023

10.5.2023

GBM

25.1.2023

10.5.2023’

(xxv)

in the entry for the United States, the rows for the zone US-2.407 are replaced by the following:

‘US

United States

US-2.407

POU, RAT

N, P1

1.2.2023

20.4.2023

GBM

1.2.2023

20.4.2023’

(xxvi)

in the entry for the United States, the rows for the zone US-2.412 are replaced by the following:

‘US

United States

US-2.412

POU, RAT

N, P1

8.2.2023

20.4.2023

GBM

8.2.2023

20.4.2023’

(xxvii)

in the entry for the United States, the rows for the zone US-2.420 are replaced by the following:

‘US

United States

US-2.420

POU, RAT

N, P1

24.2.2023

24.4.2023

GBM

24.2.2023

24.4.2023’

(xxviii)

in the entry for the United States, the rows for the zone US-2.431 are replaced by the following:

‘US

United States

US-2.431

POU, RAT

N, P1

6.3.2023

20.4.2023

GBM

6.3.2023

20.4.2023’

(xxix)

in the entry for the United States, the rows for the zone US-2.446 are replaced by the following:

‘US

United States

US-2.446

POU, RAT

N, P1

21.3.2023

28.4.2023

GBM

21.3.2023

28.4.2023’

(xxx)

in the entry for the United States, the rows for the zones US-2.449 and US-2.450 are replaced by the following:

‘US United States	US-2.449	POU, RAT	N, P1	22.3.2023	7.5.2023
	US-2.449	GBM	P1	22.3.2023	7.5.2023
	US-2.450	POU, RAT	N, P1	5.4.2023	7.5.2023
	US-2.450	GBM	P1	5.4.2023	7.5.2023’

1.6.2023

Official Journal of the European Union

L 142/29

COUNCIL DECISION (EU) 2023/1059

of 25 May 2023

on the position to be adopted on behalf of the European Union within the Specialised Committee on Social Security Coordination established by 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, as regards the designation of the financial institution to serve as reference to determine the interest rate for late payments and the exchange rate for currency conversions, as well as the date to be taken into consideration for determining the rates of currency conversion

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 48, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(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 (the ‘Trade and Cooperation Agreement’) was concluded by the Union by means of Council Decision (EU) 2021/689 (1) and entered into force on 1 May 2021, having been provisionally applied since 1 January 2021.

(2)

Pursuant to Article 778(1) of the Trade and Cooperation Agreement, the Protocols and Annexes to that agreement form an integral part thereof. In accordance with Article 783(3) of the Trade and Cooperation Agreement, as from the date from which that agreement was provisionally applied, references to the date of its entry into force are to be understood as references to the date from which it was provisionally applied.

(3)

Article 8(4)(c) of the Trade and Cooperation Agreement empowers the Specialised Committee on Social Security Coordination (the ‘Specialised Committee’) to adopt decisions, including amendments, and recommendations in respect of all matters where that agreement so provides. In accordance with Article 10(1) of the Trade and Cooperation Agreement, the decisions adopted by a committee are binding on the Parties.

(4)

Pursuant to Article SSCI.53(2) of the Protocol on Social Security Coordination to the Trade and Cooperation Agreement (the ‘Protocol’), the interest for late payments is to be calculated on the basis of the reference rate applied by the financial institution designated for this purpose by the Specialised Committee to its main refinancing operations.

(5)

Many provisions, such as Articles SSC.6(a), SSC.19(1), SSC.26, SSC.47 and SSC.64, SSCI.22(4) and (5), SSCI.23(7), SSCI.56, SSCI.57, SSCI.62 and SSCI.64 of the Protocol, contain situations where, for the purposes of the payment, calculation or recalculation of a benefit or contribution, a reimbursement, or for the purposes of offsetting and the recovery procedures, the exchange rate needs to be determined.

(6)

Pursuant to Article SSCI.73 of the Protocol, for the purposes of the Protocol and its Annex SSC-7, the exchange rate between two currencies is to be the reference rate published by the financial institution designated for this purpose by the Specialised Committee. The date to be taken into account for determining the exchange rate is to be fixed by the Specialised Committee.

(7)

The Specialised Committee notes that, while the rules on social security coordination laid down in 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), concluded by the Union by means of Council Decision (EU) 2020/135 (3), are legally separate from those laid down in the Trade and Cooperation Agreement, using the same financial institution for both agreements, as well as the same fixed date to be taken into account for determining the exchange rate, would be preferable, as it would avoid complications for the social security institutions implementing those agreements and mitigate the risk of errors.

(8)

It is appropriate to establish the position to be adopted on the Union’s behalf in the Specialised Committee as regards the designation of the financial institution to serve as reference to determine the interest rate for late payments and the exchange rate for currency conversions, as well as the date to be taken into consideration for determining the rates of currency conversion, as the envisaged decision will be binding on the Union,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on behalf of the European Union within the Specialised Committee on Social Security Coordination established by Article 8(1)(p) of the Trade and Cooperation Agreement as regards the designation of the financial institution to serve as reference to determine the interest rate for late payments and the exchange rate for currency conversions, as well as the date to be taken into consideration for determining the rates of currency conversion, is set out in the draft Decision of the Specialised Committee attached to this Decision.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 25 May 2023.

For the Council

The President

J. FORSSELL

(1) Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, of 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, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (OJ L 149, 30.4.2021, p. 2).

(2) OJ L 29, 31.1.2020, p. 7.

(3) Council Decision (EU) 2020/135 of 30 January 2020 on the conclusion 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 (OJ L 29, 31.1.2020, p. 1).

DRAFT

DECISION No …/2023 OF THE SPECIALISED COMMITTEE ON SOCIAL SECURITY COORDINATION ESTABLISHED BY ARTICLE 8(1)(p) OF 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,

of …

as regards the designation of the financial institution to serve as reference to determine the interest rate for late payments and the exchange rate for currency conversions, as well as the date to be taken into consideration for determining the rates of currency conversion

THE SPECIALISED COMMITTEE ON SOCIAL SECURITY COORDINATION,

Having regard to 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 (1), and in particular Articles SSCI.53(2) and SSCI.73 of its Protocol on Social Security Coordination,

Whereas:

(1)

Pursuant to Article SSCI.53(2) of the Protocol on Social Security Coordination (the ‘Protocol’) to 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 (the ‘Trade and Cooperation Agreement’), the interest for late payments is to be calculated on the basis of the reference rate applied by the financial institution designated for this purpose by the Specialised Committee on Social Security Coordination (the ‘Specialised Committee’) to its main refinancing operations.

(2)

(3)

(4)

The Specialised Committee notes that, while the rules on social security coordination laid down in 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) are legally separate from those laid down in the Trade and Cooperation Agreement, using the same financial institution for both agreements, as well as the same fixed date to be taken into account for determining the exchange rate, would be preferable, as it would avoid complications for the social security institutions implementing those agreements and mitigate the risk of errors,

HAS ADOPTED THIS DECISION:

Article 1

The European Central Bank shall be the financial institution designated for the purposes of Articles SSCI.53(2) and SSCI.73.

Article 2

For the purpose of this Decision, the rate of conversion shall be understood as a daily conversion rate published by the European Central Bank.

Article 3

If not otherwise stated in this Decision, the rate of conversion shall be the rate published on the day when the operation is performed.

Article 4

An institution of a State, which for the purpose of the establishment of an entitlement, and for the first calculation of the benefit, has to convert an amount, shall use:

(a)	when, according to national legislation or the Protocol, an institution takes into account amounts, such as earnings or benefits, during a certain period before the date for which the benefit is calculated, the rate of conversion published on the last day of that period;

(b)	when, according to national legislation or the Protocol, for the purpose of calculation of the benefit an institution takes into account one amount, the rate of conversion published on the first day of the month immediately preceding the month when the provision must be applied.

Article 5

Article 4 shall apply mutatis mutandis when an institution of a State for the recalculation of the benefit due to changes in the factual or legal situation of the person concerned, has to convert an amount.

Article 6

An institution of a State which pays a benefit that is regularly indexed in accordance with the national legislation, and where the amounts in other currency have an impact on that benefit, shall, when recalculating it, use the rate of conversion published on the first day of the month preceding the month when the indexation is due, unless provided for differently in the national legislation.

Article 7

For the purposes of Article SSCI.73 of the Protocol, the date to be taken into account for determining the applicable exchange rate between two currencies shall be:

(a)	in the case of a request for offsetting from arrears/ongoing payments, the working day immediately preceding the day on which the applicant party sent the final request for offsetting from arrears/ongoing payments; or

(b)	in the case of a request for recovery, the working day immediately preceding the day on which the applicant party sent the first request for recovery.

For the purposes of this Article, working day shall refer to a working day of the European Central Bank on which it publishes a daily reference rate for currency exchange.

Article 8

This Decision shall inter into force on the date of its adoption.

Done at […], on […]

For the Specialised Committee on Social Security Coordination

The Co-chairs

(1) OJ EU L 149, 30.4.2021, p. 10.

(2) OJ EU L 29, 31.1.2020, p. 7.

1.6.2023

Official Journal of the European Union

L 142/36

COMMISSION IMPLEMENTING DECISION (EU) 2023/1061

of 31 May 2023

on the establishment of the list of travel documents of the Russian Federation issued in or to persons resident in regions or territories in Ukraine which are occupied by the Russian Federation or breakaway territories in Georgia which are not under the control of the Georgian government that are not accepted as valid travel documents for the purposes of issuing of a visa or of crossing the external borders

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Decision (EU) 2022/2512 of the European Parliament and of the Council of 14 December 2022 on the non-acceptance of travel documents of the Russian Federation issued in Ukraine and Georgia (1), and in particular Article 3 thereof,

Whereas:

(1)

In accordance with Decision (EU) 2022/2512, it is necessary to draw up a list of the travel documents of the Russian Federation, issued in or to persons resident in regions or territories of Ukraine which are occupied by the Russian Federation or breakaway territories in Georgia which on 22 December 2022 were not under the control of the Georgian government, that should not be accepted as valid travel documents for the purposes of issuing a visa in accordance with Regulation (EC) No 810/2009 of the European Parliament and of the Council (2) and of crossing the external borders in accordance with Regulation (EU) 2016/399 of the European Parliament and of the Council (3).

(2)

The list should ensure that Member States’ authorities responsible for processing visa applications and for carrying out border checks have accurate and updated information at their disposal about the travel documents that should not be accepted in accordance with Decision (EU) 2022/2512. The purpose of the list is to ensure a uniform application of the EU acquis on visas and checks to which persons crossing the external borders are subject.

(3)

On 18 March 2014, following the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation, President of the Russian Federation signed the Treaty of annexation. Therefore, the travel documents issued in or to residents of the Autonomous Republic of Crimea and the city of Sevastopol after 18 March 2014 should be on that list.

(4)

On 24 April 2019, through Decree of the President of the Russian Federation No 183, the Russian Federation simplified the procedure for residents of the non-government-controlled regions of Ukraine’s Donetsk and Luhansk to obtain Russian citizenship, including the procedure for the issuance of Russian international passports to those residents. Therefore, the travel documents issued in or to residents of the Donetsk region and the Luhansk region after 24 April 2019 should be on that list.

(5)

On 25 May 2022, the Russian Federation extended the simplified procedure for obtaining Russian citizenship to the Kherson and Zaporizhzhia regions. On 11 July 2022, Russia expanded its passportisation to the whole territory of Ukraine so that all citizens of Ukraine could claim Russian citizenship and obtain a Russian passport in the simplified procedure. Based on the 11 July 2022 decree, Russian travel documents have been issued in Kharkiv region since 1 August 2022. The majority of the Kharkiv region has been liberated by Ukraine on 9 September 2022. Russian travel documents issued in this region may be in circulation. Therefore, the travel documents issued in or to residents of the Kherson region and the Zaporizhzhia region after 25 May 2022 and the Kharkiv region after 1 August 2022 should be on that list.

(6)	President of the Russian Federation decided on 26 August 2008 that Russia would formally recognise Abkhazia and South Ossetia as independent states. Therefore, the travel documents issued in or to residents of Abkhazia and South Ossetia after 26 August 2008 should be on that list.

(7)	The fact that a country or entity appears on the list should not be taken to imply that it is recognised under international law by one or more Member States.

(8)

Given that Decision (EU) 2022/2512 builds upon the Schengen acquis, in accordance with Article 4 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark notified the implementation of Decision (EU) 2022/2512 in its national law. Denmark is therefore bound under international law to implement this Decision.

(9)	This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(10)

As regards Iceland and Norway, this Decision constitutes a development of 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 the latter’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 and B of Council Decision 1999/437/EC (6).

(11)

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 (7), which fall within the area referred to in Article 1, point A and B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (8).

(12)

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 (9) which fall within the area referred to in Article 1, points A and B, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (10).

(13)

As regards Cyprus, Bulgaria, and Romania, this Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession, Article 4(2) of the 2005 Act of Accession and Article 4(2) of the 2011 Act of Accession with respect to the issuing of visas in accordance with Regulation (EC) No 810/2009, as referred to in point (a) of Article 1 of Decision (EU) 2022/2512, whereas it constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession and Article 4(1) of the 2005 Act of Accession with respect to the crossing of the external borders in accordance with Regulation (EU) 2016/399 as referred to in point (b) of Article 1 of Decision (EU) 2022/2512.

(14)

In order to allow for the prompt and uniform application of the measures provided for in Decision (EU) 2022/2512, and due to the emergency situation in regions and territories in Ukraine occupied by Russia as well as in breakaway territories in Georgia, 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.

HAS ADOPTED THIS DECISION:

Article 1

The list of travel documents of the Russian Federation referred to in Article 1 of Decision (EU) 2022/2512 is as set out in the Annex.

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, 31 May 2023.

For the Commission

The President

Ursula VON DER LEYEN

(1) OJ L 326, 21.12.2022, p. 5.

(2) Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).

(3) Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).

(4) 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).

(5) OJ L 176, 10.7.1999, p. 36.

(6) 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).

(7) OJ L 53, 27.2.2008, p. 52.

(8) 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).

(9) OJ L 160, 18.6.2011, p. 21.

(10) 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).

ANNEX

The list of travel documents of the Russian Federation referred to in Article 1 of Decision (EU) 2022/2512 2512 of the European Parliament and of the Council (1)

1. Ukraine:

Ordinary passport

Diplomatic passport

Residence permit to a stateless person

Certificate for return

Seafarer’s Identity Document

Seaman’s book

Issued in or to residents of:

the Autonomous Republic of Crimea and the city of Sevastopol after 18 March 2014;

the Donetsk region after 24 April 2019;

the Luhansk region after 24 April 2019;

the Kherson region after 25 May 2022;

the Zaporizhzhia region after 25 May 2022;

the Kharkiv region after 1 August 2022.

2. Georgia:

Ordinary passport

Diplomatic passport

Residence permit to a stateless person

Certificate for return

Seafarer’s Identity Document

Seaman’s book

Issued in or to residents of:

Abkhazia after 26 August 2008;

South Ossetia after 26 August 2008.

(1) Decision (EU) 2022/2512 of the European Parliament and of the Council of 14 December 2022 on the non-acceptance of travel documents of the Russian Federation issued in Ukraine and Georgia (OJ L 326, 21.12.2022, p. 1).

		ISSN 1977-0677
Official Journal of the European Union		L 142

English edition	Legislation	Volume 66 1 June 2023

Contents		II Non-legislative acts	page
		INTERNATIONAL AGREEMENTS
	*	Council Decision (EU) 2023/1056 of 25 May 2023 on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Federative Republic of Brazil pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union	1
	*	Agreement between the European Union and the Federative Republic of Brazil pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union	3
		REGULATIONS
	*	Commission Implementing Regulation (EU) 2023/1057 of 26 May 2023 concerning the classification of certain goods in the Combined Nomenclature	11
	*	Commission Implementing Regulation (EU) 2023/1058 of 30 May 2023 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada, the United Kingdom and the United States in the lists of third countries authorised for the entry into the Union of consignments of poultry, germinal products of poultry and fresh meat of poultry and game birds ( 1 )	15
		DECISIONS
	*	Council Decision (EU) 2023/1059 of 25 May 2023 on the position to be adopted on behalf of the European Union within the Specialised Committee on Social Security Coordination established by 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, as regards the designation of the financial institution to serve as reference to determine the interest rate for late payments and the exchange rate for currency conversions, as well as the date to be taken into consideration for determining the rates of currency conversion	29
	*	Commission Implementing Decision (EU) 2023/1060 of 30 May 2023 on a harmonised standard for test methods and requirements to demonstrate that plastic caps and lids remain attached to beverage containers drafted in support of Directive (EU) 2019/904 of the European Parliament and of the Council ( 1 )	34
	*	Commission Implementing Decision (EU) 2023/1061 of 31 May 2023 on the establishment of the list of travel documents of the Russian Federation issued in or to persons resident in regions or territories in Ukraine which are occupied by the Russian Federation or breakaway territories in Georgia which are not under the control of the Georgian government that are not accepted as valid travel documents for the purposes of issuing of a visa or of crossing the external borders	36

	Corrigenda
*	Corrigendum to Commission Implementing Decision (EU) 2022/1684 of 28 September 2022 on the equivalence of the regulatory framework for central counterparties in Taiwan to Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards Futures Clearing Houses under the supervision of the Financial Supervisory Commission ( OJ L 252, 30.9.2022 )	40
*	Corrigendum to Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 ( OJ L 304, 22.11.2011 )	41
*	Corrigendum to Council Decision (CFSP) 2023/193 of 30 January 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine ( OJ L 26 I, 30.1.2023 )	42
*	Corrigendum to Council Implementing Regulation (EU) 2023/192 of 30 January 2023 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine ( OJ L 26 I, 30.1.2023 )	43