ISSN 1977-0677

Official Journal

of the European Union

L 433

European flag  

English edition

Legislation

Volume 63
22 December 2020


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Commission Delegated Regulation (EU) 2020/2173 of 16 October 2020 amending Annexes I, II and III to Regulation (EU) 2019/631 of the European Parliament and of the Council to update the monitoring parameters and clarify certain aspects relating to the change in the regulatory test procedure ( 1 )

1

 

*

Commission Delegated Regulation (EU) 2020/2174 of 19 October 2020 amending Annexes IC, III, IIIA, IV, V, VII and VIII to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste ( 1 )

11

 

*

Commission Delegated Regulation (EU) 2020/2175 of 20 October 2020 amending Delegated Regulation (EU) 2020/256 establishing a multiannual rolling planning

20

 

*

Commission Delegated Regulation (EU) 2020/2176 of 12 November 2020 amending Delegated Regulation (EU) No 241/2014 as regards the deduction of software assets from Common Equity Tier 1 items ( 1 )

27

 

*

Commission Implementing Regulation (EU) 2020/2177 of 15 December 2020 entering a name in the register of protected designations of origin and protected geographical indications (Haricot de Castelnaudary (PGI))

30

 

*

Commission Implementing Regulation (EU) 2020/2178 of 15 December 2020 correcting Implementing Regulation (EU) 2020/1433 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Pouligny-Saint-Pierre (PDO))

31

 

*

Commission Implementing Regulation (EU) 2020/2179 of 16 December 2020 concerning the classification of certain goods in the Combined Nomenclature

33

 

*

Commission Delegated Regulation (EU) 2020/2180 of 18 December 2020 extending the reference period of Regulation (EU) 2020/1429 of the European Parliament and of the Council establishing measures for a sustainable rail market in view of the COVID-19 outbreak ( 1 )

37

 

 

DECISIONS

 

*

Commission Implementing Decision (EU) 2020/2181 of 17 December 2020 determining quantitative limits and allocating quotas for substances controlled under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer, for the period 1 January to 31 December 2021 (notified under document C(2020) 8996)

39

 

*

Commission Implementing Decision (EU) 2020/2182 of 18 December 2020 laying down the final import response on behalf of the Union concerning the future import of certain chemicals pursuant to Regulation (EU) No 649/2012 of the European Parliament and of the Council and amending the Commission Implementing Decision of 15 May 2014 adopting Union import decisions for certain chemicals pursuant to that Regulation (notified under document C(2020) 8977)

55

 

*

Commission Implementing Decision (EU) 2020/2183 of 21 December 2020 concerning certain protective measures in relation to reporting infection with SARS-CoV-2 in minks and other animals of the family Mustelidae and in raccoon dogs (notified under document C(2020) 9531)  ( 1 )

76

 

 

Corrigenda

 

*

Corrigendum to Commission Delegated Regulation (EU) 2020/2153 of 7 October 2020 amending Council Regulation (EU) 2017/1939 as regards the categories of operational personal data and the categories of data subjects whose operational personal data may be processed in the index of case files by the European Public Prosecutor’s Office ( OJ L 431, 21.12.2020 )

80

 


 

(1)   Text with EEA relevance.

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

REGULATIONS

22.12.2020   

EN

Official Journal of the European Union

L 433/1


COMMISSION DELEGATED REGULATION (EU) 2020/2173

of 16 October 2020

amending Annexes I, II and III to Regulation (EU) 2019/631 of the European Parliament and of the Council to update the monitoring parameters and clarify certain aspects relating to the change in the regulatory test procedure

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (1), and in particular Articles 7(8) and 15(8) thereof,

Whereas:

(1)

In order to calculate a manufacturer’s specific emission targets for the period 2021 to 2024 pursuant to Annex I to Regulation (EU) 2019/631, CO2 emissions data for vehicles registered in calendar year 2020 is required. For manufacturers that place vehicles on the market of the Union for the first time in the period 2021 to 2024, it is necessary to clarify how their specific emission targets as well as derogation targets for that period should be determined, taking into account that CO2 emissions data will not, or only partially, be available for those manufacturers in calendar year 2020.

(2)

Similarly, a clarification is needed for manufacturers that place only vehicles with zero CO2 emissions on the market of the Union in the calendar year 2020 as regards how their specific emission targets in the period 2021 to 2024 should be determined.

(3)

From 1 January 2021, the CO2 emission standards are to be based on CO2 emissions data determined in accordance with the Worldwide Harmonised Light Vehicle Test Procedure (WLTP) as set out in Commission Implementing Regulation (EU) 2017/1151 (2). It is therefore necessary to amend Annex I to Regulation (EU) 2019/631 in order to adjust the parameters to be monitored and reported and to remove references to data determined on the basis of the New European Driving Cycle (NEDC). However, for the reporting of the data for calendar year 2020, it is appropriate to allow the new and the existing provisions to overlap until 28 February 2021.

(4)

The opportunity should also be taken to harmonise, to the extent possible, the monitoring parameters for passenger cars and light commercial vehicles and to align all provisions relating to how the monitoring parameters are to be recorded and reported by Member States as set out in Commission Implementing Regulations (EU) No 1014/2010 (3) and (EU) No 293/2012 (4) together with the reporting formats set out in Annexes II and III to Regulation (EU) 2019/631.

(5)

Certain new parameters should be monitored and reported in view of the preparation of a procedure for monitoring of real-world CO2 emissions and fuel or energy consumption as provided for in Article 12 of Regulation (EU) 2019/631, and for verifying the CO2 emissions of vehicles in-service as provided for in Article 13 of that Regulation. This includes, in particular, fuel consumption values and, on request from the Commission, the parameters used for the calculation of the CO2 emission values recorded in the certificates of conformity of the vehicles, i.e. the road load coefficients, frontal area and tyre rolling resistance class.

(6)

Regulation (EU) 2019/631 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I, II and III to Regulation (EU) 2019/631 are amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 October 2020.

For the Commission

The President

Ursula VON DER LEYEN


(1)   OJ L 111, 25.4.2019, p. 13.

(2)  Commission Implementing Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).

(3)  Commission Implementing Regulation (EU) No 1014/2010 of 10 November 2010 on monitoring and reporting of data on the registration of new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 293, 11.11.2010, p. 15).

(4)  Commission Implementing Regulation (EU) No 293/2012 of 3 April 2012 on monitoring and reporting of data on the registration of new light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (OJ L 98, 4.4.2012, p. 1).


ANNEX

Regulation (EU) 2019/631 is amended as follows:

(1)

Annex I is amended as follows:

(a)

Part A is amended as follows:

(i)

after point 3, the following points 3a, 3b and 3c are inserted:

‘3a.

For a manufacturer for which WLTPCO2 or NEDCCO2 is zero, the specific emission reference target in 2021 shall be NEDC2020target as defined in point 3.

3b.

For a manufacturer that is placing passenger cars on the market of the Union for the first time in any of the calendar years 2021 to 2024, the specific emission reference target in 2021 shall be the average of the specific emissions reference targets determined for all manufacturers in accordance with point 3, weighted according to the number of new passenger cars that were registered for those manufacturers in the Union in 2020.

3c.

Notwithstanding point 3b, where in any of the calendar years 2021 to 2024, a manufacturer is placing passenger cars on the market of the Union for the first time, but that manufacturer was formed by a merger of two or more manufacturers of which at least one was responsible for new passenger cars registered in the Union in 2020, the specific emission reference target in 2021 for the new manufacturer shall be one of the following:

(a)

where two or more of the merging manufacturers were responsible for new passenger cars registered in the Union in 2020, the specific emission reference target in 2021 shall be the average of the specific emission reference targets determined for those manufacturers in accordance with point 3, weighted according to the number of new passenger cars that were registered for those manufacturers in the Union in 2020;

(b)

where only one of the merging manufacturers was responsible for new passenger cars registered in the Union in 2020, the specific emission reference target in 2021 determined in accordance with point 3 for that manufacturer.’;

(ii)

point 5 is replaced by the following:

‘5.

Derogation targets in accordance with Article 10(3) or 10(4)

(a)

For a manufacturer that has been granted a derogation in accordance with Article 10(3) from its NEDC based specific emissions target in calendar year 2021, or a derogation in accordance with Article 10(4) from its specific emission targets in any of the calendar years 2021 to 2024, the WLTP based derogation target for those years shall be calculated as follows:

Image 1

Where:

WLTPCO2

is WLTPCO2 as defined in point 3;

NEDCCO2

is NEDCCO2 as defined in point 3;

NEDCderogationtarget

is the derogation target granted by the Commission pursuant to Article 10(3) or 10(4) as the case may be.

(b)

Notwithstanding point (a), where a manufacturer is granted a derogation in accordance with Article 10(4) from the specific emission targets in any of the calendar years 2021 to 2024, but was not responsible for the registration of new passenger cars in the Union prior to 2021, the derogation target for any of those calendar years shall be calculated in accordance with the formula in point (a), where the following definitions shall apply:

WLTPCO2

is the average value across all individual manufacturers, weighted by the number of new passenger cars registered in 2020, of WLTPCO2 as defined in point 3;

NEDCCO2

is the average value across all individual manufacturers, weighted by the number of new passenger cars registered in 2020, of NEDCCO2 as defined in point 3;

NEDCderogationtarget

is the derogation target calculated in accordance with Article 10(4), in conjunction with Article 6(3) of Regulation (EU) No 63/2011.’;

(b)

in Part B of Annex I, after point 3, the following points 3a, 3b and 3c are inserted:

‘3a.

For a manufacturer for which WLTPCO2 or NEDCCO2 is zero, the specific emission reference target in 2021 shall be NEDC2020target as defined in point 3.

3b.

For a manufacturer that is placing light commercial vehicles on the market of the Union for the first time in any of the calendar years 2021 to 2024, the specific emission reference target in 2021 shall be the average of the specific emissions reference targets determined for all manufacturers in accordance with point 3, weighted according to the number of new light commercial vehicles that were registered for those manufacturers in the Union in 2020.

3c.

Notwithstanding point 3b, where in any of the calendar years 2021 to 2024, a manufacturer is placing light commercial vehicles on the market of the Union for the first time, but that manufacturer was formed by a merger of two or more manufacturers of which at least one was responsible for new light commercial vehicles registered in the Union in 2020, the specific emission reference target in 2021 for the new manufacturer shall be one of the following:

(a)

where two or more of the merging manufacturers were responsible for new light commercial vehicles registered in the Union in 2020, the specific emission reference target in 2021 shall be the average of the specific emission reference targets determined for those manufacturers in accordance with point 3, weighted according to the number of new light commercial vehicles that were registered for those manufacturers in the Union in 2020;

(b)

where only one of the merging manufacturers was responsible for new light commercial vehicles registered in the Union in 2020, the specific emission reference target in 2021 determined in accordance with point 3 for that manufacturer.’.

(2)

Annex II is amended as follows:

(a)

Part A is amended as follows:

(i)

point 1 is deleted on 1 March 2021;

(ii)

the following point 1a is inserted:

‘1a.

Member States shall, for each calendar year, record the following detailed data for each new passenger car registered as an M1 vehicle in their territory, with the exception of the data indicated in points (22), (23) and (24) which shall be provided on request from the Commission:

(1)

The manufacturer;

(2)

The type approval number and its extensions;

(3)

The type, variant, and version;

(4)

Make and commercial name;

(5)

Vehicle interpolation family identifier;

(6)

Vehicle identification number;

(7)

Category of vehicle type approved;

(8)

Category of vehicle registered;

(9)

Date of first registration;

(10)

The specific emissions of CO2;

(11)

Fuel consumption;

(12)

Mass in running order;

(13)

Test mass;

(14)

Fuel type and fuel mode;

(15)

Electric energy consumption;

(16)

Electric range;

(17)

Eco-innovation code(s);

(18)

Eco-innovation CO2 emission savings;

(19)

Footprint: the wheel base, the track width of the steered axle and the track width other axle;

(20)

Engine capacity;

(21)

Maximum net power;

(22)

Road-load coefficients: f0, f1 and f2;

(23)

Frontal area;

(24)

Tyre rolling resistance class.

In accordance with Article 7, Member States shall make available to the Commission all data listed in this point in the format specified in Section 2 of Part B. The data indicated in points (9) and (11) shall be recorded starting from calendar year 2022 and be made available to the Commission for the first time on 28 February 2023.’;

(iii)

point 2 is replaced by the following:

‘2.

The detailed data referred to in point 1 shall be taken from the certificate of conformity of the relevant passenger car.’;

(iv)

after point 2, the following point 2a is inserted:

‘2a.

In the case of bi-fuelled vehicles running on petrol and liquefied petroleum gas (LPG) or on petrol and compressed natural gas (CNG), the certificates of conformity of which include specific emissions of CO2 values for both types of fuels, Member States shall report the value for LPG or CNG as the case may be.

In the case of flex-fuel vehicles using petrol and ethanol (E85) fuel, Member States shall report the specific emissions of CO2 value for petrol.’;

(b)

Part B is amended as follows:

(i)

Section 2 is deleted on 1 March 2021;

(ii)

the following Section 2a is inserted:

‘Section 2a

Detailed Monitoring Data – one vehicle record

Reference to point 1 and 1a of Part A

Detailed data per vehicle registered

Data sources

Certificate of conformity (Annex VIII to Commission Implementing Regulation (EU) 2020/683 (*1)) unless otherwise indicated

(1)

Manufacturer name (EU standard denomination(1)

Name assigned by the Commission

Manufacturer name(2)

0.5, or in the case of more than one name of a manufacturer, the name recorded in entry 0.5.1

(2)

Type approval number and its extensions

0.11

(3)

Type

0.2

Variant

Version

(4)

Make and commercial name

0.1 and 0.2.1

(5)

Vehicle interpolation family identifier

0.2.3.1

(6)

Vehicle identification number

0.10

(7)

Category of vehicle type approved

0.4

(8)

Category of vehicle registered

Registration certificate

(9)

Date of first registration

Registration certificate

(10)

The specific emissions of CO2 (g/km)

49.4 combined, or where applicable, weighted combined

(11)

Fuel consumption (l/100 km, or m3/100 km or kg/100 km)

49.4 combined, or where applicable, weighted combined

(12)

Mass in running order (kg)

13

(13)

Test mass (kg)

47.1.1

(14)

Fuel type

26

Fuel mode

26.1

(15)

Electric energy consumption (Wh/km)

PEV: 49.5.1

OVC-HEV: 49.5.2

(16)

Electric range (km)

PEV: 49.5.1

OVC-HEV: 49.5.2

(17)

Eco-innovation code(s)

49.3.1

(18)

Eco-innovation savings (g CO2/km)

49.3.2.2

(19)((19)

Wheelbase (mm)

 

Track width steered axle (Axle 1) (mm)(3)

30

Track width other axle (Axle 2) (mm)(3)

30

(20)

Engine capacity (cm3)

25

(21)

Maximum net power (kW)

27.1 and 27.3

(22)

Road load coefficients(4)

f0, N

47.1.3.0

f1, N/(km/h)

47.1.3.1

f2, N/(km/h)

47.1.3.2

(23)

Frontal area (m2)(4)

47.1.2

(24)

Tyre rolling resistance class(4)

35

Notes:

(1)

List published by the Commission on CIRCABC.

(2)

In the case of national type-approval of small series (NSS) or individual approval (IVA), the manufacturer’s name shall be provided in the column “Manufacturer name”, whilst in the column “Manufacturer name EU standard denomination” either of the following shall be indicated: “AA-NSS” or “AA-IVA” as the case may be.

(3)

Where a vehicle is equipped with axle tracks of different widths, the maximum axle width shall be reported.

(4)

On request from the Commission.

(3)

Annex III is amended as follows:

(a)

Part A is amended as follows:

(i)

point 1.1 is deleted on 1 March 2021;

(ii)

the following point 1.1a is inserted:

‘1.1a.

Complete vehicles registered as N1

Member States shall, for each calendar year, record the following detailed data for each new light commercial vehicle registered as an N1 vehicle in their territory, with the exception of the data indicated in points (23), (24) and (25) which shall be provided on request by the Commission:

(1)

The manufacturer;

(2)

The type approval number and its extensions;

(3)

The type, variant, and version;

(4)

Make and, where available, commercial name;

(5)

Vehicle interpolation family identifier;

(6)

Vehicle identification number;

(7)

Category of vehicle type approved;

(8)

Category of vehicle registered;

(9)

Date of first registration;

(10)

The specific emissions of CO2;

(11)

Fuel consumption;

(12)

Mass in running order;

(13)

Test mass;

(14)

The fuel type and fuel mode;

(15)

Electric energy consumption;

(16)

Electric range;

(17)

Eco-innovation code(s);

(18)

Eco-innovation CO2 emission savings;

(19)

Footprint: the wheel base, the track width of the steered axle and the track width other axle;

(20)

Engine capacity;

(21)

Maximum net power;

(22)

Technically permissible maximum laden mass;

(23)

Road-load coefficients: f0, f1 and f2;

(24)

Frontal area;

(25)

Tyre rolling resistance class.

Member States shall, in accordance with Article 7, make available to the Commission all data listed in this point in the format specified in Section 2 of Part C. The data indicated in points (9) and (11), shall be recorded starting from calendar year 2022 and be made available to the Commission for the first time on 28 February 2023.’;

(iii)

in point 1.2.1.2 the point ‘, (q)’ is added;

(iv)

points 1.2.1.1 and 1.2.1.2 are deleted from 1 March 2021;

(v)

the following point 1.2.1.2a is inserted:

‘1.2.1.2a.

Completed vehicles of category N1 type-approved in accordance with Annex XXI to Regulation (EU) 2017/1151

For each new completed vehicle registered in 2021 and subsequent calendar years, Member States shall as a minimum report the data specified in points (1), (5), (6), (8), (10), (11), (12), (17), (18) and (22) of point 1.1a., and for each new vehicle registered in 2022 and subsequent calendar years, the data specified in points (9), (23), (24) and (25) of point 1.1a.’;

(vi)

in point 1.2.2., the introductory phrase is replaced by the following:

‘For each new completed vehicle of category N1, type-approved in accordance with Annex XXI to Regulation (EU) 2017/1151 registered in 2020 and subsequent calendar years, the manufacturer of the related base vehicle shall, starting from 2021, report to the Commission the following data relating to the base vehicle:’;

(vii)

point 2 is replaced by the following:

‘2.

The detailed data referred to in point 1 shall be taken from the certificate of conformity of the relevant light commercial vehicle. For those details that are not available in the certificate of conformity, details shall be taken from the type-approval documentation or from the information reported by the base vehicle manufacturer pursuant to point 1.2.3.’;

(viii)

after point 2, the following point 2a. is inserted:

‘2a.

In the case of bi-fuelled vehicles running on petrol and liquefied petroleum gas (LPG) or on petrol and compressed natural gas (CNG), the certificates of conformity of which include specific emissions of CO2 values for both types of fuels, Member States shall report the value for LPG or CNG as the case may be.

In the case of flex-fuel vehicles using petrol and ethanol (E85) fuel, Member States shall report the specific emissions of CO2 value for petrol.’;

(b)

Part C is amended as follows:

(i)

Section 2 is deleted on 1 March 2021;

(ii)

the following Section 2a. is inserted:

‘Section 2a.

Detailed Monitoring Data – one vehicle record

Reference to point 1.1 and 1.1a of Part A

Detailed data per vehicle registered

Data sources

Certificate of conformity (Annex VIII to Implementing Regulation (EU) 2020/683), unless otherwise indicated

(1)

Manufacturer name (EU standard denomination(1))

Name assigned by the Commission

Manufacturer name(2)

0.5, or in the case of more than one name of a manufacturer, the name recorded in entry 0.5.1

(2)

Type-approval number and its extensions

0.11

(3)

Type

0.2

Variant

Version

(4)

Make and commercial name

0.1 and 0.2.1

(5)

Vehicle interpolation family identifier

0.2.3.1

(6)

Vehicle identification number

0.10

(7)

Category of vehicle type approved

0.4

(8)

Category of vehicle registered

Registration certificate

(9)

Date of first registration

Registration certificate

(10)

Specific emissions of CO2 (g/km)

49.4 combined, or where applicable, weighted combined

(11)

Fuel consumption (l/100 km, or m3/100 km or kg/100 km)

49.4 combined, or where applicable, weighted combined

(12)

Mass in running order (complete and completed vehicles) (kg)

13

(13)

Test mass (complete and completed vehicles) (kg)

47.1.1

(14)

Fuel type

26

Fuel mode

26.1

(15)

Electric energy consumption (Wh/km)

PEV: 49.5.1

OVC-HEV: 49.5.2

(16)

Electric range (km)

PEV: 49.5.1

OVC-HEV: 49.5.2

(17)

Eco-innovation code(s)

49.3.1

(18)

Eco-innovation savings (g CO2/km)

49.3.2.2

(19)

Wheelbase (mm)

4

Track width steered axle (Axle 1)(3)

30

Track width other axle (Axle 2)(3)

30

(20)

Engine capacity (cm3)

25

(21)

Maximum net power (kW)

27.1 and 27.3

(22)

Technically permissible maximum laden mass (complete and completed vehicle) (kg)

16.1

(23)

Road load coefficients(4)

f0, N

47.1.3.0

f1, N/(km/h)

47.1.3.1

f2, N/(km/h)

47.1.3.2

(24)

Frontal area (m2)(4)

47.1.2

(25)

Tyre rolling resistance class(4)

35

Notes:

(1)

List published by the Commission on CIRCABC.

(2)

In the case of national type-approval of small series (NSS) or individual approval (IVA), the manufacturer’s name shall be provided in the column “Manufacturer name”, whilst in the column “Manufacturer name EU standard denomination” either of the following shall be indicated: “AA-NSS” or “AA-IVA” as the case may be.

(3)

Where a vehicle is equipped with axle tracks of different widths, the maximum axle width shall be reported.

(4)

On request from the Commission.’.


(*1)  Commission Implementing Regulation (EU) 2020/683 of 15 April 2020 implementing Regulation (EU) 2018/858 of the European Parliament and of the Council with regards to the administrative requirements for the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ L 163, 26.5.2020)’.


22.12.2020   

EN

Official Journal of the European Union

L 433/11


COMMISSION DELEGATED REGULATION (EU) 2020/2174

of 19 October 2020

amending Annexes IC, III, IIIA, IV, V, VII and VIII to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (1), and in particular points (a) and (c) of Article 58(1) thereof,

Whereas:

(1)

The Conference of the Parties to the Basel Convention decided at its fourteenth meeting held in May 2019, by Decision BC-14/12, to include a new entry for hazardous plastics waste (entry A3210) in Annex VIII and two new entries for non-hazardous plastic waste in Annex II (entry Y48) and Annex IX (entry B3011) to the Basel Convention. Those changes will become effective on 1 January 2021.

(2)

It is appropriate for the Union, which is a Party to the Basel Convention, to modify the relevant Annexes to Regulation (EC) No 1013/2006 to take account of changes relating to entries on plastic waste in the Annexes to the Basel Convention.

(3)

The Environment Policy Committee to the OECD adopted changes to Appendix 4 of the OECD Decision (2), relating to hazardous plastic waste and clarifications in Appendices 3 and 4 of the OECD Decision on 7 September 2020. Those changes will become effective on 1 January 2021. It is appropriate for the Union to modify the relevant Annexes to Regulation (EC) No 1013/2006 to take account of these changes.

(4)

This Regulation takes account of the fact that no agreement has been reached within the OECD to incorporate the amendments to the Annexes to the Basel Convention on non-hazardous plastic waste (entries B3011 and Y48) into the Appendices of the OECD Decision.

(5)

With respect to export of plastic waste from the Union to third countries and import of plastic waste into the Union from third countries, Annexes III, IV and V to Regulation (EC) No 1013/2006 should be amended to take account of the changes to Annexes II, VIII and IX to the Basel Convention and of the changes to Appendix 4 to the OECD Decision. As a result, from 1 January 2021, the export from the Union and import into the Union of plastic waste under entries AC300 and Y48 to and from third countries to which the OECD Decision (3) applies will be subject to the procedure of prior written notification and consent. In accordance with points (a) and (b) of Article 36(1) and Annex V of Regulation (EC) No 1013/2006, export of plastic waste under entries A3210 and Y48 will be prohibited to third countries to which the OECD Decision does not apply.

(6)

In view of the fact that the Union has submitted a notification, covering shipment of waste within the Union, to the Secretariat of the Basel Convention under Article 11 of that Convention, there is no requirement for the Union to implement the changes to the Annexes to the Basel Convention relating to non-hazardous plastic waste (entries B3011 and Y48) in Union law, for shipments between Member States. However, to ensure legal clarity, new entries for shipments of non-hazardous plastic waste within the Union should be introduced in Annexes III, IIIA and IV to Regulation (EC) No 1013/2006 which take account of the terminology used in the new entries B3011 and Y48 in the Basel Convention, and by which current controls on such shipments within the Union are largely maintained.

(7)

A number of technical guidelines and guidance documents on the environmentally sound management of various waste streams were adopted at the last meetings of the Conference of the Parties to the Basel Convention. Those technical guidelines and guidance documents provide useful guidance and should therefore be added in Annex VIII to Regulation (EC) No 1013/2006.

(8)

Regulation (EC) No 1013/2006 should therefore be amended accordingly.

(9)

Since the changes to the Annexes to the Basel Convention and the Appendices to the OECD Decision will become effective on 1 January 2021, the amendments to Regulation (EC) No 1013/2006 that relate to those changes should also become effective on 1 January 2021,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 1013/2006 is amended as follows:

(1)

Annexes IC, III, IIIA, IV, V and VII are amended in accordance with Annex I to this Regulation;

(2)

Annex VIII is replaced by the text in Annex II to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 1(1) shall apply from 1 January 2021.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 October 2020.

For the Commission

The President

Ursula VON DER LEYEN


(1)   OJ L 190, 12.7.2006, p. 1.

(2)  Decision C(2001)107/Final of the OECD Council concerning the revision of Decision C(92)39/Final on control of transboundary movements of wastes destined for recovery operations.

(3)  Decision C(2001)107/Final of the OECD Council concerning the revision of Decision C(92)39/Final on control of transboundary movements of wastes destined for recovery operations.


ANNEX I

Annexes IC, III, IIIA, IV, V and VII to Regulation (EC) No 1013/2006 are amended as follows:

(1)

in Annex IC, the second paragraph of point 25(e) is replaced by the following:

‘Such codes may be included in Annexes IIIA, IIIB, IV (EU48) or IVA of this Regulation. In that case, the Annex number should be stated in front of the codes. As regards Annex IIIA, the relevant code(s) as indicated in Annex IIIA should be used, as appropriate in sequence. Certain Basel entries such as B1100 and B3020 are restricted to particular waste streams only, as indicated in Annex IIIA.’;

(2)

Annex III is amended as follows:

(a)

the title is replaced by the following:

‘LIST OF WASTES SUBJECT TO THE GENERAL INFORMATION REQUIREMENTS LAID DOWN IN ARTICLE 18 (“GREEN” LISTED WASTE)’;

(b)

in part I, point (a) is replaced by the following:

‘(a)

Any reference in Annex IX of the Basel Convention to list A shall be understood as a reference to Annex IV to this Regulation;’;

(c)

in part I, point (g) is replaced by the following:

‘(g)

For waste shipped within the Union, Basel entry B3011 does not apply and the following entry applies instead:

EU3011

Plastic waste (note the related entry AC300 in part II of Annex IV, and the related entry EU48 in part I of Annex IV):

Plastic waste listed below, provided it is almost free from contamination and other types of waste (*):

Plastic waste almost exclusively (**) consisting of one non-halogenated polymer, including but not limited to the following polymers:

Polyethylene (PE)

Polypropylene (PP)

Polystyrene (PS)

Acrylonitrile butadiene styrene (ABS)

Polyethylene terephthalate (PET)

Polycarbonates (PC)

Polyethers

Plastic waste almost exclusively (**) consisting of one cured resin or condensation product, including but not limited to the following resins:

Urea formaldehyde resins

Phenol formaldehyde resins

Melamine formaldehyde resins

Epoxy resins

Alkyd resins

Plastic waste almost exclusively (**) consisting of one of the following fluorinated polymers (***):

Perfluoroethylene/propylene (FEP)

Perfluoroalkoxy alkanes:

Tetrafluoroethylene/perfluoroalkyl vinyl ether (PFA)

Tetrafluoroethylene/perfluoromethyl vinyl ether (MFA)

Polyvinylfluoride (PVF)

Polyvinylidenefluoride (PVDF)

Polytetrafluoroethylene (PTFE)

Polyvinyl chloride (PVC).

(*)  In relation to “almost free from contamination and other types of wastes”, international and national specifications may offer a point of reference."

(**)  In relation to “almost exclusively”, international and national specifications may offer a point of reference."

(**)  In relation to “almost exclusively”, international and national specifications may offer a point of reference."

(**)  In relation to “almost exclusively”, international and national specifications may offer a point of reference."

(***)  Post consumer wastes are excluded’;"

(d)

in part II, the following text is deleted:

Solid plastic wastes

GH013

391530 ex 390410—40

Polymers of vinyl chloride’;

(3)

Annex IIIA is amended as follows:

(a)

in point 3, points (d), (e) and (f) are deleted;

(b)

the following point 4 is added:

‘4.

The following mixtures of wastes classified under separate indents or sub-indents of one single entry are included in this Annex only for the purposes of shipments within the Union:

(a)

mixtures of wastes classified under entry EU3011 and listed under the indent referring to non-halogenated polymers;

(b)

mixtures of wastes classified under entry EU3011 and listed under the indent referring to cured resins or condensation products;

(c)

mixtures of wastes classified under entry EU3011 and listed under “perfluoroalkoxy alkanes”.’;

(4)

Annex IV is amended as follows:

(a)

the title is replaced by the following:

‘LIST OF WASTES SUBJECT TO THE PROCEDURE OF PRIOR WRITTEN NOTIFICATION AND CONSENT (“AMBER” LISTED WASTE)’;

(b)

Part I is amended as follows:

(i)

the first and second paragraphs are replaced by the following:

‘The following wastes will be subject to the procedure of prior written notification and consent:

Wastes listed in Annexes II and VIII to the Basel Convention (*).

(*)  Annex VIII to the Basel Convention is listed in this Regulation in Annex V, Part 1, List A. Annex II to the Basel Convention is listed in this Regulation in Annex V, Part 3, List A.’;"

(ii)

point (a) is replaced by the following:

‘(a)

Any reference in Annex VIII of the Basel Convention to list B shall be understood as a reference to Annex III to this Regulation’.

(iii)

the following points (e) and (f) are added:

‘(e)

Basel entry A3210 does not apply and entry AC300 in part II applies instead.

(f)

For waste shipped within the Union, Basel entry Y48 does not apply and the following entry applies instead:

EU48:

Plastic waste not covered by entry AC300 in part II or by entry EU3011 in part I of Annex III, as well as mixtures of plastic waste not covered by point 4 of Annex IIIA.’;

(c)

In Part II, the following entry is inserted after the entry AC270:

‘AC300

Plastic waste, including mixtures of such wastes, containing or contaminated with Annex I constituents, to an extent that it exhibits an Annex III characteristic (note the related entry EU3011 in part I of Annex III, and the related entry EU48 in part I)’;

(5)

Annex V is amended as follows:

(a)

Part 1 is amended as follows:

(i)

in List A, section A3, the following entry is added:

‘A3210

Plastic waste, including mixtures of such waste, containing or contaminated with Annex I constituents, to an extent that it exhibits an Annex III characteristic (note the related entry B3011, in list B of this Part, and entry Y48, in list A of Part 3)’;

(ii)

in List B, section B3 is amended as follows:

entry B3010 is deleted;

the following entry is inserted before entry B3020:

‘B3011

Plastic waste (note the related entry A3210, in list A of this Part, and entry Y48, in list A of Part 3)

Plastic waste listed below, provided it is destined for recycling (*) in an environmentally sound manner and almost free from contamination and other types of wastes (**):

Plastic waste almost exclusively (***) consisting of one non-halogenated polymer, including but not limited to the following polymers:

Polyethylene (PE)

Polypropylene (PP)

Polystyrene (PS)

Acrylonitrile butadiene styrene (ABS)

Polyethylene terephthalate (PET)

Polycarbonates (PC)

Polyethers

Plastic waste almost exclusively (***) consisting of one cured resin or condensation product, including but not limited to the following resins:

Urea formaldehyde resins

Phenol formaldehyde resins

Melamine formaldehyde resins

Epoxy resins

Alkyd resins

Plastic waste almost exclusively (***) consisting of one of the following fluorinated polymers: (****)

Perfluoroethylene/propylene (FEP)

Perfluoroalkoxy alkanes:

Tetrafluoroethylene/perfluoroalkyl vinyl ether (PFA)

Tetrafluoroethylene/perfluoromethyl vinyl ether (MFA)

Polyvinylfluoride (PVF)

Polyvinylidenefluoride (PVDF)

Mixtures of plastic waste, consisting of polyethylene (PE), polypropylene (PP) and/or polyethylene terephthalate (PET), provided they are destined for separate recycling (*****) of each material and in an environmentally sound manner, and almost free from contamination and other types of wastes (**).

(b)

in Part 3, List A is replaced by the following:

List A (Annex II to the Basel Convention)

Y46

Waste collected from households (*)

Y47

Residues arising from the incineration of household wastes

Y48

Plastic waste, including mixtures of such waste, with the exception of the following:

Plastic waste that is hazardous waste (see entry A3210 in part 1 of list A in Annex V)

Plastic waste listed below, provided it is destined for recycling (**) in an environmentally sound manner and almost free from contamination and other types of wastes: (***)

Plastic waste almost exclusively (****) consisting of one non-halogenated polymer, including but not limited to the following polymers:

Polyethylene (PE)

Polypropylene (PP)

Polystyrene (PS)

Acrylonitrile butadiene styrene (ABS)

Polyethylene terephthalate (PET)

Polycarbonates (PC)

Polyethers

Plastic waste almost exclusively (****) consisting of one cured resin or condensation product, including but not limited to the following resins:

Urea formaldehyde resins

Phenol formaldehyde resins

Melamine formaldehyde resins

Epoxy resins

Alkyd resins

Plastic waste almost exclusively (****) consisting of one of the following fluorinated polymers: (*****)

Perfluoroethylene/propylene (FEP)

Perfluoroalkoxy alkanes:

Tetrafluoroethylene/perfluoroalkyl vinyl ether (PFA)

Tetrafluoroethylene/perfluoromethyl vinyl ether (MFA)

Polyvinylfluoride (PVF)

Polyvinylidenefluoride (PVDF)

Mixtures of plastic waste, consisting of polyethylene (PE), polypropylene (PP) and/or polyethylene terephthalate (PET), provided they are destined for separate recycling (******) of each material and in an environmentally sound manner and almost free from contamination and other types of wastes. (***)

(*)  Unless appropriately classified under a single entry in Annex III."

(**)  Recycling/reclamation of organic substances that are not used as solvents (R3 in Annex IV, sect. B) or, if needed, temporary storage limited to one instance, provided that it is followed by operation R3 and evidenced by contractual or relevant official documentation."

(***)  In relation to “almost free from contamination and other types of wastes”, international and national specifications may offer a point of reference."

(****)  In relation to “almost exclusively”, international and national specifications may offer a point of reference."

(****)  In relation to “almost exclusively”, international and national specifications may offer a point of reference."

(****)  In relation to “almost exclusively”, international and national specifications may offer a point of reference."

(*****)  Post-consumer wastes are excluded."

(******)  Recycling/reclamation of organic substances that are not used as solvents (R3 in Annex IV, sect. B), with prior sorting and, if needed, temporary storage limited to one instance, provided that it is followed by operation R3 and evidenced by contractual or relevant official documentation.’;"

(***)  In relation to “almost free from contamination and other types of wastes”, international and national specifications may offer a point of reference."

(c)

in Part 3, the heading of List B is replaced by the following:

List B (Waste from Appendix 4, Part II of the OECD Decision)  (*)

(*)  The wastes numbered AB130, AC250, AC260 and AC270 have been deleted since they have been considered, in accordance with the procedure laid down in Article 18 of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (OJ L 114, 27.4.2006, p. 9, as repealed by Directive 2008/98/EC), to be non-hazardous and therefore not subject to the export prohibition in Article 36 of this Regulation. The waste numbered AC300 has been deleted since the waste in question is covered by entry A3210 in List A of part 1.’;"

(6)

Annex VII is amended as follows:

In block 10, the following is added:

‘(vii)

Other (please specify):’.


(*)  In relation to “almost free from contamination and other types of wastes”, international and national specifications may offer a point of reference.

(**)  In relation to “almost exclusively”, international and national specifications may offer a point of reference.

(***)  Post consumer wastes are excluded’;

(*)  Annex VIII to the Basel Convention is listed in this Regulation in Annex V, Part 1, List A. Annex II to the Basel Convention is listed in this Regulation in Annex V, Part 3, List A.’;

(*)  Recycling/reclamation of organic substances that are not used as solvents (R3 in Annex IV, sect. B) or, if needed, temporary storage limited to one instance, provided that it is followed by operation R3 and evidenced by contractual or relevant official documentation.

(**)  In relation to “almost free from contamination and other types of wastes”, international and national specifications may offer a point of reference.

(***)  In relation to “almost free from contamination and other types of wastes”, international and national specifications may offer a point of reference.

(****)  Post-consumer wastes are excluded.

(*****)  Recycling/reclamation of organic substances that are not used as solvents (R3 in Annex IV, sect. B), with prior sorting and, if needed, temporary storage limited to one instance, provided that it is followed by operation R3 and evidenced by contractual or relevant official documentation.’;

(*)  Unless appropriately classified under a single entry in Annex III.

(**)  Recycling/reclamation of organic substances that are not used as solvents (R3 in Annex IV, sect. B) or, if needed, temporary storage limited to one instance, provided that it is followed by operation R3 and evidenced by contractual or relevant official documentation.

(***)  In relation to “almost free from contamination and other types of wastes”, international and national specifications may offer a point of reference.

(****)  In relation to “almost exclusively”, international and national specifications may offer a point of reference.

(*****)  Post-consumer wastes are excluded.

(******)  Recycling/reclamation of organic substances that are not used as solvents (R3 in Annex IV, sect. B), with prior sorting and, if needed, temporary storage limited to one instance, provided that it is followed by operation R3 and evidenced by contractual or relevant official documentation.’;

(*)  The wastes numbered AB130, AC250, AC260 and AC270 have been deleted since they have been considered, in accordance with the procedure laid down in Article 18 of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (OJ L 114, 27.4.2006, p. 9, as repealed by Directive 2008/98/EC), to be non-hazardous and therefore not subject to the export prohibition in Article 36 of this Regulation. The waste numbered AC300 has been deleted since the waste in question is covered by entry A3210 in List A of part 1.’;’


ANNEX II

‘ANNEX VIII

GUIDELINES ON ENVIRONMENTALLY SOUND MANAGEMENT (ARTICLE 49)

I.   Guidelines and guidance documents adopted under the Basel Convention:

1.

Technical guidelines on the environmentally sound management of biomedical and health care wastes (Y1; Y3) (1)

2.

Technical guidelines on the environmentally sound management of waste lead acid batteries1

3.

Technical guidelines on the environmentally sound management of the full and partial dismantling of ships1

4.

Technical guidelines on the environmentally sound recycling/reclamation of metals and metal compounds (R4) (2)

5.

General technical guidelines for the environmentally sound management of wastes consisting of, containing or contaminated with persistent organic pollutants (3)

6.

Technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with 1,1,1 trichloro 2,2 bis (4 chlorophenyl) ethane (DDT) (4)

7.

Technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with hexabromocyclododecane (HBCD) (5)

8.

Technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with perfluorooctane sulfonic acid (PFOS), its salts and perfluorooctane sulfonyl fluoride (PFOSF)5

9.

Technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with pentachlorophenol and its salts and esters (PCP) (6)

10.

Technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with the pesticides aldrin, alpha hexachlorocyclohexane, beta hexachlorocyclohexane, chlordane, chlordecone, dieldrin, endrin, heptachlor, hexachlorobenzene, hexachlorobutadiene, lindane, mirex, pentachlorobenzene, pentachlorophenol and its salts, perfluorooctane sulfonic acid, technical endosulfan and its related isomers or toxaphene or with hexachlorobenzene as an industrial chemical (POP Pesticides)6

11.

Technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with polychlorinated biphenyls, polychlorinated terphenyls, polychlorinated naphthalenes or polybrominated biphenyls including hexabromobiphenyl (PCBs, PCTs, PCNs or PBBs, including HBB)6

12.

Technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with hexabromodiphenyl ether and heptabromodiphenyl ether, or tetrabromodiphenyl ether and pentabromodiphenyl ether or decabromodiphenyl ether (POP-BDEs)3

13.

Technical Guidelines for the Environmentally Sound Management of Wastes Containing or Contaminated with unintentionally produced polychlorinated dibenzo-p-dioxins, polychlorinated dibenzofurans, hexachlorobenzene, polychlorinated biphenyls, pentachlorobenzene, polychlorinated naphthalenes or hexachlorobutadiene3

14.

Technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with hexachlorobutadiene3

15.

Technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with short-chain chlorinated paraffins3

16.

Technical guidelines for the environmentally sound management of used and waste pneumatic tyres (7)

17.

Technical guidelines for the environmentally sound management of wastes consisting of, containing or contaminated with mercury or mercury compounds5

18.

Technical guidelines for the environmentally sound co-processing of hazardous wastes in cement kilns7

19.

Guidance document on the environmentally sound management of used and end-of-life computing equipment6

20.

Guidance document on environmentally sound management of used and end-of-life mobile phones7

21.

Framework for the environmentally sound management of hazardous wastes and other wastes (8)

22.

Practical manuals for the promotion of the environmentally sound management of wastes (9)

II.   Guidelines adopted by the OECD:

Technical guidance for the environmentally sound management of specific waste streams:

Used and scrap personal computers (10)

III.   Guidelines adopted by the International Maritime Organization (IMO):

Guidelines on ship recycling (11)

IV.   Guidelines adopted by the International Labour Organization (ILO):

Safety and health in shipbreaking guidelines for Asian countries and Turkey (12)


(1)  Adopted by the sixth meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, December 2002.

(2)  Adopted by the seventh meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, October 2004.

(3)  Adopted by the fourteenth meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, May 2019.

(4)  Adopted by the eighth meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, December 2006.

(5)  Adopted by the twelfth meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, May 2015.

(6)  Adopted by the thirteenth meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, May 2017.

(7)  Adopted by the tenth meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, October 2013.

(8)  Adopted by the eleventh meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, October 2013.

(9)  Adopted by the thirteenth and fourteenth meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, May 2017 and May 2019.

(10)  Adopted by the Environment Policy Committee of the OECD in February 2003 (document ENV/EPOC/WGWPR(2001)3/FINAL).

(11)  Resolution A 962 adopted by the Assembly of the IMO at its 23rd Regular session, 24 November to 5 December 2003.

(12)  Approved for publication by the Governing Body of the ILO at its 289th session, 11-26 March 2004.


22.12.2020   

EN

Official Journal of the European Union

L 433/20


COMMISSION DELEGATED REGULATION (EU) 2020/2175

of 20 October 2020

amending Delegated Regulation (EU) 2020/256 establishing a multiannual rolling planning

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2019/1700 of the European Parliament and of the Council of 10 October 2019 establishing a common framework for European statistics relating to persons and households, based on data at individual level collected from samples, amending Regulations (EC) No 808/2004, (EC) No 452/2008 and (EC) No 1338/2008 of the European Parliament and of the Council, and repealing Regulation (EC) No 1177/2003 of the European Parliament and of the Council and Council Regulation (EC) No 577/98 (1), and in particular Article 4(1) thereof,

Whereas:

(1)

Commission Delegated Regulation (EU) 2020/256 (2) established a multiannual rolling planning for the collection of data under Regulation (EU) 2019/1700 from 2021 to 2028.

(2)

To ensure the effectiveness and consistency of the multiannual rolling planning with users’ needs, it is necessary to adapt it by specifying the ad-hoc subject to be covered by the ad-hoc module for 2023 under the European Survey for Income and Living conditions as this was not known at the time of adoption of Delegated Regulation (EU) 2020/256.

(3)

The adaptations of the multiannual rolling planning are to enter into force no later than 24 months before the beginning of each data collection period as specified in the planning for annual or infra‐annual data collection.

(4)

Delegated Regulation (EU) 2020/256 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I and II to Delegated Regulation (EU) 2020/256 are amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 31 December 2020.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 October 2020.

For the Commission

The President

Ursula VON DER LEYEN


(1)   OJ L 261 I, 14.10.2019, p. 1.

(2)  Commission Delegated Regulation (EU) 2020/256 of 16 December 2019 supplementing Regulation (EU) 2019/1700 of the European Parliament and of the Council by establishing a multiannual rolling planning (OJ L 54, 26.2.2020, p. 1).


ANNEX

1.   

Annex I to Delegated Regulation (EU) 2020/256 is amended as follows:

Part B is replaced by the following:

‘Part B: Data collection periods for the domains having several periodicities

Domains

Groups (acronyms)

Years of data collection

2021

2022

2023

2024

2025

2026

2027

2028

Labour Force

Quarterly (LFQ)

Every quarter

Every quarter

Every quarter

Every quarter

Every quarter

Every quarter

Every quarter

Every quarter

Yearly (LFY)

X

X

X

X

X

X

X

X

“Reasons for migration” and “working time arrangements” (LF2YA)

X

 

X

 

X

 

X

 

“Participation in formal and non-formal education and training (12 months)”, “disability and other elements of Minimum European Health Module” and “elements of the Minimum European Health Module” (LF2YB)

 

X

 

X

 

X

 

X

Labour market situation of migrants and their immediate descendants (LF8YA)

X

 

 

 

 

 

 

 

Pensions and labour market participation (LF8YB)

 

 

X

 

 

 

 

 

“Young people on the labour market” and “educational attainment – details, including education interrupted or abandoned” (LF8YC)

 

 

 

X

 

 

 

 

Reconciliation of work and family life (LF8YD)

 

 

 

 

X

 

 

 

Work organisation and working time arrangements (LF8YE)

 

 

 

 

 

 

X

 

Accidents at work and work-related health problems (LF8YF)

 

 

 

 

 

 

 

X

Ad hoc Subject on job skills

 

X

 

 

 

 

 

 

Ad hoc Subject (to be defined at a later stage)

 

 

 

 

 

X

 

 

Income and Living Conditions

Yearly (ILCY)

X

X

X

X

X

X

X

X

Children (ILC3YA)

X

 

 

X

 

 

X

 

Health (ILC3YB)

 

X

 

 

X

 

 

X

Labour Market and Housing (ILC3YC)

 

 

X

 

 

X

 

 

Quality of life (ILC6YA)

 

X

 

 

 

 

 

X’

Intergenerational transmission

of disadvantages & Housing

difficulties (ILC6YB)

 

 

X

 

 

 

 

 

Access to services (ILC6YC)

 

 

 

X

 

 

 

 

Over-indebtedness,

consumption and wealth (ILC6YD)

 

 

 

 

 

X

 

 

Ad hoc Subject on Living arrangements and conditions of children within separated or blended families

X

 

 

 

 

 

 

 

Ad hoc Subject on households energy efficiency

 

 

X

 

 

 

 

 

Ad hoc Subject (to be defined at a later stage)

 

 

 

 

X

 

 

 

Ad hoc Subject (to be defined at a later stage)

 

 

 

 

 

 

X

 

2.   

Annex II to Delegated Regulation (EU) 2020/256 is s replaced by the following:

‘ANNEX II

Grouping of the detailed topics for the data collection having several periodicities

Domains

Detailed topics

Groups (acronyms)

Labour Force

Data collection information

Quarterly (LFQ)

Identification

Quarterly (LFQ)

Weights

Yearly (LFY) and Quarterly (LFQ)

Interview characteristics

Quarterly (LFQ)

Localisation

Quarterly (LFQ)

Demography

Quarterly (LFQ)

Citizenship and migrant background

Quarterly (LFQ)

Household composition

Yearly (LFY)

Household composition – additional specific details

Yearly (LFY)

Stay in the country

Quarterly (LFQ)

Reason for migration

Every 2 years (LF2YA)

Elements of the Minimum European Health Module

Every 2 years (LF2YB)

Disability and other elements of Minimum European Health Module

Every 2 years (LF2YB)

Accidents at work and other work-related health problems

Every 8 years (LF8YF)

Main activity status (self-defined)

Quarterly (LFQ)

Elementary job characteristics

Quarterly (LFQ)

Employment status

Quarterly (LFQ)

Duration of contract

Quarterly (LFQ)

Details of contract

Yearly (LFY)

Full- or part-time status – reason

Quarterly (LFQ)

Dependent self-employment

Yearly (LFY)

Supervisory responsibilities

Yearly (LFY)

Establishment size

Yearly (LFY)

Workplace

Quarterly (LFQ)

Working at home

Yearly (LFY)

Search for employment

Quarterly (LFQ)

Willingness to work

Quarterly (LFQ)

Availability

Quarterly (LFQ)

Second or multiple job(s)

Quarterly (LFQ)

Search for another job

Yearly (LFY)

Underemployment

Quarterly (LFQ)

Reconciliation of work and family life

Every 8 years (LF8YD)

Young people on the labour market

Every 8 years (LF8YC)

Labour market situation of migrants and their immediate descendants

Every 8 years (LF8YA)

Pension and labour market participation

Every 8 years (LF8YB)

Care needs

Yearly (LFY)

Start of job

Quarterly (LFQ)

Way job found

Yearly (LFY)

Career continuity and breaks

Quarterly (LFQ)

Elementary characteristics of the last job

Yearly (LFY)

Working hours

Quarterly (LFQ)

Working time arrangements

Every 2 years (LF2YA)

Work organisation and working time arrangements

Every 8 years (LF8YE)

Income from work

Yearly (LFY)

Income from unemployment allowances

Quarterly (LFQ)

Educational attainment level

Quarterly (LFQ)

Educational attainment – details, including education interrupted or abandoned

Yearly (LFY) and every 8 years (LF8YC)

Participation in formal and non-formal education and training (4 weeks)

Quarterly (LFQ)

Participation in formal and non-formal education and training (12 months)

Every 2 years (LF2YB)

Income and living conditions

Data collection information

Yearly(ILCY)

Identification

Yearly(ILCY)

Weights

Yearly(ILCY)

Interview characteristics

Yearly(ILCY)

Localisation

Yearly(ILCY)

Demography

Yearly (ILCY)

Citizenship and migrant background

Yearly (ILCY)

Household composition

Yearly (ILCY)

Household composition – additional specific details

Yearly (ILCY)

Duration of stay in the country

Yearly (ILCY)

Disability and Minimum European Health Module

Yearly (ILCY)

Details on health status and disability

Every 3 years (ILC3YB)

Children health

Every 3 years (ILC3YA)

Access to health care

Yearly (ILCY)

Health care

Every 3 years (ILC3YB)

Access to health care (children)

Every 3 years (ILC3YA)

Health determinants

Every 3 years (ILC3YB)

Main activity status (self-defined)

Yearly (ILCY)

Elementary job characteristics

Yearly (ILCY)

Characteristics of the workplace

Every 3 years (ILC3YC)

Duration of contract

Yearly (ILCY)

Employment status

Every 3 years (ILC3YC)

Detailed labour market situation

Yearly (ILCY)

Supervisory responsibilities

Yearly (ILCY)

Previous work experience

Yearly (ILCY)

Calendar of activities

Yearly (ILCY)

Working hours

Yearly (ILCY)

Educational attainment level

Yearly (ILCY)

Educational attainment – details, including education interrupted or abandoned

Every 3 years (ILC3YC)

Participation in formal education activities (current)

Yearly (ILCY)

Quality of life

Yearly (ILCY)

Social and cultural participation

Every 6 years (ILC6YA)

Well-being

Every 6 years (ILC6YA)

Material deprivation

Yearly (ILCY)

Children-specific deprivation

Every 3 years (ILC3YA)

Main housing characteristics

Yearly (ILCY)

Housing conditions details, incl. deprivation and imputed rent

Every 3 years (ILC3YC)

Housing costs including reduced utility costs

Yearly (ILCY)

Living environment

Every 3 years (ILC3YC)

Housing difficulties (including renting difficulties) and reasons

Every 6 years (ILC6YB)

Use of services, including care services and services for independent living

Every 6 years (ILC6YC)

Affordability of services

Every 6 years (ILC6YC)

Unmet needs and reasons

Every 6 years (ILC6YC)

Childcare

Yearly (ILCY)

Income from work

Yearly (ILCY)

Income from social transfers

Yearly (ILCY)

Income from pensions

Yearly (ILCY)

Other incomes, including income from property and capital and inter-household transfers

Yearly (ILCY)

Taxes and contributions actually paid after reductions

Yearly (ILCY)

Total annual income at the level of persons and households

Yearly (ILCY)

Over-indebtedness, including reasons

Every 6 years (ILC6YD)

Arrears

Yearly (ILCY)

Elements of wealth, including dwelling ownership

Every 6 years (ILC6YD)

Elements of consumption

Every 6 years (ILC6YD)

Intergenerational transmission of advantages and disadvantages

Every 6 years (ILC6YB)

Assessment of own needs

Every 6 years (ILC6YD)


22.12.2020   

EN

Official Journal of the European Union

L 433/27


COMMISSION DELEGATED REGULATION (EU) 2020/2176

of 12 November 2020

amending Delegated Regulation (EU) No 241/2014 as regards the deduction of software assets from Common Equity Tier 1 items

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (1), and in particular the third subparagraph of Article 36(4), thereof,

Whereas:

(1)

The provisions concerning the treatment of prudently valued software assets, the value of which is not materially affected by the resolution, insolvency or liquidation of an institution, were amended by Regulation (EU) 2019/876 of the European Parliament and of the Council (2) to further support the transition towards a more digitalised banking sector. Regulation (EU) 2019/876 also introduced Article 36(4) into Regulation (EU) No 575/2013, which requires the European Banking Authority (‘EBA’) to develop the draft regulatory technical standards specifying the application of the deductions related to software assets from Common Equity Tier 1 items. To ensure coherence of the provisions related to own funds and to facilitate their application, it is appropriate to incorporate those regulatory technical standards into Commission Delegated Regulation (EU) No 241/2014 (3), which groups all technical standards concerning own funds.

(2)

Competent authorities are not prevented from scrutinising the software assets that an institution includes in capital on a case-by-case basis and from exercising their supervisory powers in accordance with Article 64 of Directive 2013/36/EU of the European Parliament and the Council (4), in particular where the stock of investments in software could result in an undesired prudential benefit or where the degree of judgement stemming from the applicable accounting framework is suspected to be used by an institution to circumvent this Regulation.

(3)

Due to the diversity in software used by institutions, it is difficult to assess, in a general way, which software assets could have a recoverable value in case of a resolution, insolvency or liquidation, and, if so, to what extent, or to identify a specific category of software that would preserve its value even in such a scenario.

(4)

Moreover, an assessment by EBA of specific cases of past transactions suggests that all software assets, without a distinction of specific categories, have the same likelihood of being written off. Even in those cases where the value of software assets is at least in part preserved, generally the useful life of such software is revised to take into account that such software will be kept in use by the acquirer of an institution only until the end of a migration process. Such migration process, the collected evidence shows, typically ranges between one and three years. That pattern should be reflected in the prudential treatment of software assets.

(5)

Given the limited value software assets appear to have in case of a resolution, insolvency or liquidation of an institution, it is essential that the prudential treatment of such assets strikes an appropriate balance between, on the one hand, prudential concerns, and, on the other hand, the value of those assets from a business and an economic perspective. The prudential treatment of software assets should thus entail a certain margin of conservatism on the relief in Common Equity Tier 1 capital requirements.

(6)

In addition, in order not to introduce additional operational burdens for the institutions and to facilitate supervision by the competent authorities, the prudential treatment of software assets should be simple to implement and applicable to all institutions in a standardised manner. The standardised prudential treatment should not prevent an institution from continuing to fully deduct its software assets from Common Equity Tier 1 items.

(7)

Given the rapid changes in technology, institutions often invest in maintenance, enhancements or upgrades of their software. To mitigate any risk of regulatory arbitrage, those investments should be amortised separately from the software that is maintained, enhanced or upgraded, provided that those investments are recognised as an intangible asset on the balance sheet of the institution under the applicable accounting framework.

(8)

Delegated Regulation (EU) No 241/2014 should therefore be amended accordingly.

(9)

This Regulation is based on the draft regulatory technical standards submitted to the Commission by EBA.

(10)

EBA has conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the advice of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (5).

(11)

Given the accelerated uptake of digital services as a consequence of the COVID-19 pandemic, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Delegated Regulation (EU) No 241/2014

Delegated Regulation (EU) No 241/2014 is amended as follows:

(1)

in Article 1, point (f) is replaced by the following:

‘(f)

the application of the deductions from Common Equity Tier 1 items and other deductions for Common Equity Tier 1, Additional Tier 1 and Tier 2 items in accordance with paragraphs 2 and 4 of Article 36 of Regulation (EU) No 575/2013;’;

(2)

the following Article 13a is inserted:

‘Article 13a

Deduction of software assets that are classified as intangible assets for accounting purposes for the purposes of Article 36(1), point (b), of Regulation (EU) No 575/2013

1.   Software assets that are intangible assets as defined in Article 4(1), point (115), of Regulation (EU) No 575/2013 shall be deducted from Common Equity Tier 1 items in accordance with paragraphs 5 to 8 of this Article. The amount to be deducted shall be determined on the basis of the prudential accumulated amortisation calculated in accordance with paragraphs 2, 3 and 4 of this Article.

2.   Institutions shall calculate the amount of the prudential accumulated amortisation of the software assets referred to in paragraph 1 by multiplying the amount obtained from the calculation referred in point (a) by the number of days referred to in point (b):

(a)

the amount at which the software asset has been initially recognised on the balance sheet of the institution under the applicable accounting framework, divided by the lower of:

(i)

the number of days of useful life of the software asset, as estimated for accounting purposes;

(ii)

three years, expressed in days, starting from the date referred to in paragraph 3;

(b)

the number of days elapsed since the date referred to in paragraph 3, provided that this does not exceed the period referred in point (a) of this paragraph.

3.   The prudential accumulated amortisation referred to in paragraph 1 shall be calculated starting from the date on which the software asset is available for use and begins to be amortised for accounting purposes.

4.   By way of derogation from paragraph 3, where a software asset has been acquired from any undertaking, including a non-financial sector entity, that is part of the same group as the institution, the prudential accumulated amortisation referred to in paragraph 1 shall be calculated from the date on which that software asset began to be amortised under the applicable accounting framework on that undertaking’s balance sheet.

5.   Institutions shall deduct from Common Equity Tier 1 items the amount resulting from the difference, if positive, between the amount in point (a) and the amount in point (b):

(a)

the prudential accumulated amortisation of a software asset calculated in accordance with paragraphs 2, 3 and 4;

(b)

the sum of the accumulated amortisation and any accumulated impairment losses of that software asset recognised on that institution’s balance sheet under the applicable accounting framework.

6.   By way of derogation from paragraph 5, until the date on which the software asset is available for use and begins to be amortised for accounting purposes, institutions shall deduct from Common Equity Tier 1 items the full amount at which the software asset is recognised on that institution’s balance sheet under the applicable accounting framework.

7.   The prudential amortisations and deductions set out in this Article shall be made separately for each software asset.

8.   Institutions’ investments in maintaining, enhancing or upgrading existing software assets shall be treated as assets other than the related software assets, provided that those investments are recognised as an intangible asset on that institution’s balance sheet under the applicable accounting framework.

Without prejudice to paragraph 6, the prudential accumulated amortisation of those investments in maintaining, enhancing or upgrading existing software assets shall be calculated from the date on which they begin to be amortised under the applicable accounting framework.

The prudential accumulated amortisation of related existing software assets shall continue to be calculated from the date of their own initial amortisation for accounting purposes and until the end of the period of the prudential amortisation determined in accordance with point (a) of paragraph 2.’.

Article 2

Entry into force

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, 12 November 2020.

For the Commission

The President

Ursula VON DER LEYEN


(1)   OJ L 176, 27.6.2013, p. 1.

(2)  Regulation (EU) 2019/876 of the European Parliament and of the Council of 20 May 2019 amending Regulation (EU) No 575/2013 as regards the leverage ratio, the net stable funding ratio, requirements for own funds and eligible liabilities, counterparty credit risk, market risk, exposures to central counterparties, exposures to collective investment undertakings, large exposures, reporting and disclosure requirements, and Regulation (EU) No 648/2012 (OJ L 150, 7.6.2019, p. 1).

(3)  Commission Delegated Regulation (EU) No 241/2014 of 7 January 2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for Own Funds requirements for institutions (OJ L 74, 14.3.2014, p. 8).

(4)  Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).

(5)  Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).


22.12.2020   

EN

Official Journal of the European Union

L 433/30


COMMISSION IMPLEMENTING REGULATION (EU) 2020/2177

of 15 December 2020

entering a name in the register of protected designations of origin and protected geographical indications (‘Haricot de Castelnaudary’ (PGI))

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, France’s application to register the name ‘Haricot de Castelnaudary’ was published in the Official Journal of the European Union (2).

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Haricot de Castelnaudary’ (PGI) is hereby entered in the register.

The name specified in the first paragraph denotes a product in Class 1.6 – Fruit, vegetables and cereals, fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

Article 2

This Regulation shall enter into force on the seventh 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, 15 December 2020.

For the Commission,

On behalf of the President,

Janusz WOJCIECHOWSKI

Member of the Commission


(1)   OJ L 343, 14.12.2012, p. 1.

(2)   OJ C 281, 26.8.2020, p. 2.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


22.12.2020   

EN

Official Journal of the European Union

L 433/31


COMMISSION IMPLEMENTING REGULATION (EU) 2020/2178

of 15 December 2020

correcting Implementing Regulation (EU) 2020/1433 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Pouligny-Saint-Pierre’ (PDO))

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

(1)

On 5 October 2020, the Commission adopted Implementing Regulation (EU) 2020/1433 (2)approving an amendment to the specification of the designation ‘Pouligny-Saint-Pierre’ (PDO) in accordance with Article 52(2) of Regulation (EU) No 1151/2012. The transitional period granted to certain operators by France under Article 15(4) of Regulation (EU) No 1151/2012 was omitted in error from the aforementioned Regulation (EU) 2020/1433.

(2)

By letter of 20 December 2018, the French authorities had in fact notified the Commission that a transitional period under Article 15(4) of Regulation (EU) No 1151/2012, ending on 30 June 2025, had been granted to eight operators established on their territory who meet the conditions laid down in that Article pursuant to the Order of 22 November 2018 on amendments to the specification for the protected designation of origin ‘Pouligny-Saint-Pierre’, published on 8 December 2018 in the Official Journal of the French Republic.

(3)

Indeed, during the national opposition procedure, eight objections had been received, all of them concerning the conditions for milk production and, more specifically, the impossibility of complying with the proportion of feed originating in the geographical area as laid down in the specification, which states that ‘The feed produced in the geographical area (fodder + supplementary feed) represents at least 75 % of the dry matter of the total annual feed ration of the herd.’ Furthermore, these operators have legally marketed ‘Pouligny-Saint-Pierre’ continuously for at least five years prior to submission of the application, fulfilling the conditions of Article 15(4) of Regulation (EU) No 1151/2012. Transitional periods ending on 30 June 2025 have therefore been granted to them in this context and must now be approved by the Commission.

(4)

The operators involved are: Earl de Vesche (SIRET No 50317689300017); Ferme des Ages (SIRET No 19360598700026); Gaec de Villiers (SIRET No 41293309500017); Jean Barrois (SIRET No 33452601900016); Earl des Grands vents (SIRET No 52325005800014); Earl du Start Chiebe (SIRET No 50979878100019); Gaec de la Custière (SIRET No 31928251300013); Gaec des Chinets (SIRET No 35328804600017).

(5)

Implementing Regulation (EU) 2020/1433 should therefore be corrected accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The following Article shall be added to Implementing Regulation (EU) 2020/1433:

‘Article 1a

The protection provided under Article 1 is subject to the transitional period granted by France under Article 15(4) of Regulation (EU) No 1151/2012 to operators meeting the conditions laid down in that Article, pursuant to the Order of 22 November 2018 on amendments to the specification for the protected designation of origin ‘Pouligny-St-Pierre’ published on 8 December 2018 in the Official Journal of the French Republic.’

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, 15 December 2020.

For the Commission,

On behalf of the President,

Janusz WOJCIECHOWSKI

Member of the Commission


(1)   OJ L 343, 14.12.2012, p. 1.

(2)  Commission Implementing Regulation (EU) 2020/1433 of 5 October 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Pouligny-Saint-Pierre’ (PDO) (OJ L 331, 12.10.2020, p. 19).


22.12.2020   

EN

Official Journal of the European Union

L 433/33


COMMISSION IMPLEMENTING REGULATION (EU) 2020/2179

of 16 December 2020

concerning the classification of certain goods in the Combined Nomenclature

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,

Whereas:

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

(3)

Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

(4)

It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

Article 2

Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 December 2020.

For the Commission,

On behalf of the President,

Gerassimos THOMAS

Director-General

Directorate-General for Taxation and Customs Union


(1)   OJ L 269, 10.10.2013, p. 1.

(2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).


ANNEX

Description of the goods

Classification (CN code)

Reasons

(1)

(2)

(3)

A rectangular bag consisting of a moulded silicone elastomer body. It measures approximately 16,5 cm in length, 10 cm in height and 2,5 cm in width. It has an attached loop-handle of the same material and a closing system (zip-fastener).

The article is produced in a single step, with integrated parts (loop-handle and zip-fastener), and has no internal fittings.

The article is designed to carry and protect various small objects.

See images (*1).

3926 90 97

Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 3926 , 3926 90 and 3926 90 97 .

Classification under heading 4202 is excluded because that heading covers only the articles specifically named therein and similar containers (see also the Harmonised System Explanatory Notes (HSEN) to heading 4202 , first paragraph).

Given its objective characteristics (in particular, the plain interior and the small size), the article is not considered to be a suitcase, vanity case, executive-case, briefcase, school satchel or similar container of the first part of heading 4202 . The article is not considered to be a similar container of the first part of heading 4202 as it is not specially shaped or internally fitted to contain particular tools with or without their accessories (see also the HSEN to heading 4202 , third paragraph, and ninth paragraph, point (f)). The article is therefore not covered by the wording of the first part of heading 4202 .

The articles covered by the second part of heading 4202 must be only of the materials specified therein or must be wholly or mainly covered with such materials or with paper (see also the HSEN to heading 4202 , fourth paragraph).

Taking into account that the article consists of moulded silicone elastomer, it cannot be considered as a handbag with an outer surface of sheeting of plastics. Therefore, the article is not covered by the wording of the second part of heading 4202 .

The article is not of the kind normally carried in the pocket or in the handbag, such as spectacle cases, note-cases (bill-folds), wallets, purses, key-cases, cigarette-cases, cigar-cases, pipe-cases and tobacco-pouches (see also the Harmonised System subheading explanatory note to subheadings 4202.31, 4202.32 and 4202.39). Therefore, the article cannot be classified under subheadings 4202.31, 4202.32 and 4202.39.

Consequently, the article is to be classified under CN code 3926 90 97 as other articles of plastics.

Image 2

Image 3

Image 4


(*1)  The images are purely for information.


22.12.2020   

EN

Official Journal of the European Union

L 433/37


COMMISSION DELEGATED REGULATION (EU) 2020/2180

of 18 December 2020

extending the reference period of Regulation (EU) 2020/1429 of the European Parliament and of the Council establishing measures for a sustainable rail market in view of the COVID-19 outbreak

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2020/1429 of the European Parliament and of the Council of 7 October 2020 establishing measures for a sustainable rail market in view of the COVID-19 outbreak (1), and in particular Article 5(2) thereof,

Whereas:

(1)

The COVID-19 pandemic has led to a sharp drop in rail traffic because of a significant fall in demand and direct measures taken by the Member States to contain the pandemic.

(2)

These circumstances are beyond the control of railway undertakings that have continuously faced considerable liquidity problems, major losses and in some cases are risking insolvency.

(3)

In order to counteract the negative economic effects of the COVID-19 pandemic and support railway undertakings, Regulation (EU) 2020/1429 enables Member States to authorise infrastructure managers to reduce, waive or defer charges for accessing rail infrastructure. This possibility had been granted from 1 March 2020 until 31 December 2020 (‘the reference period’).

(4)

Limitations imposed on mobility during the period of the pandemic had a significant impact on the use of rail passenger services. The pandemic also resulted in many industries slowing down or even ceasing their production thereby reducing the amount of goods carried by rail freight. Based on the data provided by rail infrastructure managers in the EU-27, the pandemic hit harder the passenger service segment and, in particular the commercial passenger service segment, with a significant reduction of its offer across all Member States. Between March and September 2020, passenger services expressed in train-km decreased by 16,9 % compared to the same period of the previous year, freight services by 11,1 %. Between March and September 2020, passenger services under public service obligations expressed in train-km decreased by 12,2 % compared to the same period the previous year, commercial passenger services by 37,3 %. The passenger traffic in passenger-km decreased by 71,2 % in the second quarter of 2020 compared to the same period of 2019, the freight traffic in tonne-km decreased by 15,9 %. This trend may have a huge impact on the competition in the rail passenger markets, the realisation of a truly single European rail area and, ultimately the move towards a more sustainable transport sector with more people and goods moving by rail.

(5)

The World Health Organisation data shows that the number of daily recorded cases in Europe has picked up again with a considerable number of days recording more than 300 000 new cases in October 2020.

(6)

In November 2020, the European Centre for Disease Control (ECDC) estimated that ‘Across the European Union/European Economic Area (EU/EEA) and the United Kingdom (UK) there has been a considerable further increase in COVID-19 infections and the current situation represents a major threat to public health’ and that ‘the current epidemiological situation in most countries is a serious concern as it poses an increasing risk of transmission, requiring immediate, targeted public health action’.

(7)

Following this development, Member States have increasingly taken stricter limitations on mobility starting from October. Therefore, there are no prospects of a rapid recovery of rail traffic in the short term.

(8)

It thus appears that the reduction in the level of rail traffic as compared to the level in the corresponding period in the previous years, for which 2019 provides the reference values in accordance with Article 5(1) and (2) of Regulation (EU) 2020/1429, is persisting and that this situation is the result of the impact of the COVID-19 outbreak.

(9)

The forecasts indicate a very gradual recovery of the economy over the next two years as consumer confidence and economic sentiment indicators turned into negative. Furthermore, in light of the data available for earlier periods, any improvement in respect of public health, for example due to the availability of a vaccine, assuming that such an improvement were to occur in the first half of 2021 is likely to exert appreciable positive effects on rail traffic only with considerable delay. Such positive effects will likely materialise no earlier than from the second half of 2021.

(10)

It appears therefore that the reduction in the level of rail traffic as compared to the level in the corresponding period in the previous years is likely to persist until that time and that this situation is the result of the impact of the COVID-19 outbreak.

(11)

It is therefore necessary to extend the reference period established in Article 1 of the Regulation until the end of June 2021.

(12)

This delegated Regulation is foreseen to enter into force after the end of the reference period currently envisaged in Article 1 of Regulation (EU) 2020/1429. In order to avoid legal uncertainty this Regulation should be adopted under the urgency procedure detailed under Article 7 of the Regulation, and 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 REGULATION:

Article 1

Article 1 of Regulation (EU) 2020/1429 is replaced by the following:

‘Article 1

This Regulation lays down temporary rules on the levying of charges for the use of railway infrastructure as set out in Chapter IV of Directive 2012/34/EU. It applies to the use of railway infrastructure for domestic and international rail services covered by that Directive, during the period from 1 March 2020 until 30 June 2021 (“the reference period”).’.

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, 18 December 2020.

For the Commission

The President

Ursula VON DER LEYEN


(1)   OJ L 333, 12.10.2020, p. 1.


DECISIONS

22.12.2020   

EN

Official Journal of the European Union

L 433/39


COMMISSION IMPLEMENTING DECISION (EU) 2020/2181

of 17 December 2020

determining quantitative limits and allocating quotas for substances controlled under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer, for the period 1 January to 31 December 2021

(notified under document C(2020) 8996)

(Only the Bulgarian, Croatian, Czech, Dutch, English, French, German, Greek, Hungarian, Italian, Latvian, Maltese, Polish, Portuguese and Spanish texts are authentic)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (1), and in particular Articles 10(2) and 16(1) thereof,

Whereas:

(1)

The release for free circulation in the Union of imported controlled substances is subject to quantitative limits.

(2)

The Commission is required to determine those limits and allocate quotas to undertakings.

(3)

Furthermore, the Commission is required to determine the quantities of controlled substances other than hydrochlorofluorocarbons that may be used for essential laboratory and analytical uses, and the undertakings that may use them.

(4)

The determination of the allocated quotas for essential laboratory and analytical uses has to ensure that the quantitative limits set out in Article 10(6) of Regulation (EC) No 1005/2009 are respected, applying Commission Regulation (EU) No 537/2011 (2). As those quantitative limits include quantities of hydrochlorofluorocarbons licensed for laboratory and analytical uses, the production and import of hydrochlorofluorocarbons for those uses should also be covered by that allocation.

(5)

The Commission has published a notice to undertakings intending to import or export controlled substances that deplete the ozone layer to or from the European Union in 2021 and to undertakings intending to produce or import these substances for laboratory and analytical uses in 2021 (3), and has thereby received declarations on intended imports in 2021.

(6)

The quantitative limits and quotas should be determined for the period 1 January to 31 December 2021, in line with the annual reporting cycle under the Montreal Protocol on Substances that Deplete the Ozone Layer.

(7)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 25(1) of Regulation (EC) No 1005/2009,

HAS ADOPTED THIS DECISION:

Article 1

Quantitative limits for release for free circulation