(1)

Commission Delegated Regulation (EU) 2018/1229 (2) specifies measures to prevent and address settlement fails, and to encourage settlement discipline. Those measures include monitoring settlement fails as well as collecting and distributing cash penalties for settlement fails. Delegated Regulation (EU) 2018/1229 also specifies the operational details of the buy-in process.

(2)

Delegated Regulation (EU) 2018/1229 is to enter into force on 1 February 2021.

(3)

Market participants have indicated that the COVID-19 pandemic has had a serious impact on the overall implementation of regulatory projects and delivery of information technology (IT) systems that are necessary for the application of Delegated Regulation (EU) 2018/1229. During this unprecedented time, financial institutions are focusing their efforts on the implementation of effective contingency plans to ensure day-to-day operational and cyber resilience, which limited the IT capacity of institutions to carry out certain complex projects, including for those required to comply with the settlement discipline requirements set out in Delegated Regulation (EU) 2018/1229. The application of such requirements by CSDs, their participants and clients in such a context could lead to increased risk in the financial market rather than mitigating it. It is, therefore, appropriate to provide those stakeholders with more time to complete the necessary preparations required for the application of the settlement discipline requirements. Considering the unprecedented nature of the situation created by the COVID-19 pandemic and the necessary system changes that CSDs, their participants and their clients should undergo to comply with the different settlement discipline requirements, a further one-year deferral of the current entry into force of Delegated Regulation (EU) 2018/1229 is necessary..

(4)

Delegated Regulation (EU) 2018/1229 should therefore be amended accordingly.

(5)

This Regulation is based on the draft regulatory technical standards submitted to the Commission by the European Securities and Markets Authority (ESMA).

(6)

ESMA has not conducted any open public consultations, as it would be deemed highly disproportionate given the scope and the expected impact of the deferral of the entry into force of Delegated Regulation (EU) 2018/1229. ESMA has taken account of the previously provided input from the market participants regarding readiness for the application of that Regulation. Moreover, in these unforeseen circumstances it is urgent to provide legal certainty as to a new date of entry into force of Delegated Regulation (EU) 2018/1229in order for market participants to prepare for the application of that Regulation. ESMA has nevertheless conducted an – analysis of the potential related costs and benefits of deferring the entry into force of Delegated Regulation (EU) 2018/1229 and has requested the advice of the Securities and Markets Stakeholder Group established by Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (3). In developing the draft regulatory technical standards, ESMA has also cooperated with the members of the European System of Central Banks,

(1)

Council Regulation (EU) 2018/2025 (2) lays down quotas for 2020.

(2)

According to the information received by the Commission, catches of the stock of alfonsinos in Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 by vessels flying the flag of or registered in France have exhausted the quota allocated for 2020.

(3)

It is therefore necessary to prohibit certain fishing activities for that stock,

(1)

Council Regulation (EU) 2020/123 (2) lays down quotas for 2020.

(2)

According to the information received by the Commission, catches of the stock of undulate ray in Union waters of 7d and 7e by vessels flying the flag of or registered in France have exhausted the quota allocated for 2020.

(3)

It is therefore necessary to prohibit certain fishing activities for that stock,

(1)

Commission Implementing Regulation (EU) No 808/2014 (2) lays down rules for the application of Regulation (EU) No 1305/2013. Regulation (EU) 2020/2220 of the European Parliament and of the Council (3) amended Regulation (EU) No 1305/2013 and extended the period of duration of rural development programmes supported by the European Agricultural Fund for Rural Development (‘EAFRD’) until 31 December 2022 and provided Member States with the possibility to finance their extended programmes from the corresponding budget allocation for the years 2021 and 2022. Moreover, Regulation (EU) 2020/2220 made the additional resources from the European Union Recovery Instrument established by Council Regulation (EU) 2020/2094 (4) (‘EURI’) available in the extended programmes in the years 2021 and 2022 to fund measures under Regulation (EU) No 1305/2013 with the objective to address the impact of the COVID-19 crisis and its consequences for the Union agricultural sector and rural areas. Therefore, the respective rules for the implementation of Regulation (EU) No 1305/2013 should be amended.

(2)

Article 4(2) of Implementing Regulation (EU) No 808/2014 sets the maximum number of amendments to rural development programmes that Member States may submit to the Commission. In order to increase the flexibility for Member States to use their budget allocation for the years 2021 and 2022 in the extended programmes and integrate the additional resources from the EURI, the maximum number of amendments referred to in that Article should be increased and the deadlines for submitting requests for last programme amendments postponed. Moreover, it needs to be clarified that the maximum number of amendments should not apply to requests to amend rural development programmes in case amendments are necessary following the entry into force of Regulation (EU) 2020/2220 in order to extend the duration of the rural development programmes and integrate the additional resources from the EURI.

(3)

Regulation (EU) 2020/2220 provides that for the extended rural development programmes, targets established in the context of the performance framework are to be set for the year 2025. Thus, it is necessary to specify that the performance framework indicator targets refer to the planned achievements by 31 December 2025. Furthermore, Regulation (EU) 2020/2220 excludes the application of the performance framework to the additional resources from the EURI. Therefore, outputs financed by the additional resources from the EURI should be excluded from the performance framework targets.

(4)

Regulation (EU) 2020/2220 provides that the additional resources from the EURI are to be programmed and monitored separately from the Union support for rural development, while applying in principle, the rules set out in Regulation (EU) No 1305/2013. Thus, separate specifications in the relevant measure descriptions in the rural development programmes and the national framework programmes will be required where operations are supported by the additional resources from the EURI. Financing plans of the rural development programmes, national frameworks and national rural networks should also indicate separately the additional resources from the EURI.

(5)

Moreover, in the indicator plan for the selected measures, the sub-total of the planned outputs and planned total public expenditure which is financed by the additional resources from the EURI should be indicated separately. In the annual implementation reports, the reporting on committed expenditure by measure and focus area should indicate the part of the commitments which are financed by the additional resources from the EURI.

(6)

Article 8(h)(ii) of Regulation (EU) No 1305/2013 requires that for each measure, for each type of operation with a specific EAFRD contribution rate, for the type of operation referred to in Articles 37(1), 38(3), 39(1) and Article 39a of Regulation (EU) No 1305/2013, when a Member State applies a minimum loss threshold set below 30 %; and for technical assistance, the financing plan is to contain a table indicating the total Union contribution planned and the applicable EAFRD contribution rate. Since the same rules apply to the contribution from the additional resources from the EURI, the financing plan should indicate, if applicable, for each such measure for each type of operation, the planned EURI contribution and the EURI contribution rate.

(7)

Regulation (EU) 2020/2220 has amended Articles 38 and 39 of Regulation (EU) No 1305/2013 as to the minimum loss threshold Member States can define in their rural development programmes based on which farmers may be compensated for losses under the mutual funds for adverse climatic events, animal and plant diseases, pest infestations and environmental incidents and the income stabilisation tool for farmers of all sectors. As a consequence and for the WTO reporting purposes, expenditure for all risk management tools governed by Article 36 of Regulation (EU) No 1305/2013 and where the minimum loss threshold is below 30 % need to be planned and reported separately. The indicator plan needs to specify these new programming and planning requirements accordingly.

(8)

Implementing Regulation (EU) No 808/2014 should therefore be amended accordingly.

(9)

Given the urgency related to the COVID-19 crisis, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Rural Development Committee,

(1)

Commission Implementing Regulation (EU) 2020/1191 (3) entered into force on 15 August 2020. Since that date, certain Member States and professional operators have interpreted and applied the term ‘storage’, contained in paragraph 2 of Article 7 of that Regulation, in a diverging manner.

(2)

For practical reasons and as the seeds of Solanum lycopersicum L. and Capsicum spp. (‘the specified seeds’) that have been harvested before 15 August 2020 cannot fulfil the requirement for their mother plants to be produced in a production site where the specified pest is known not to occur, on the basis of official inspections carried out at the appropriate time to detect the specified pest, such seeds should be exempted from the condition under Article 7(1)(a) of Implementing Regulation (EU) 2020/1191.

(3)

Paragraph 2 of Article 7 of Implementing Regulation (EU) 2020/1191 should be amended to clarify that the specified seeds that have been harvested prior to 15 August 2020 should be sampled and tested for the presence of the specified pest by the competent authority or by professional operators under official supervision of the competent authority before their first movement within the Union. Such derogation from paragraph 2 of Article 7 of that Regulation should allow seeds already accompanied by a plant passport to circulate in the Union territory without being further tested.

(4)

The specified seeds moved for the first time within the Union from 1 April 2021 onwards, and which have been tested before 30 September 2020 with the ELISA method, should be tested again with a testing method, other than ELISA, as referred to in point 3 of the Annex.

(5)

As the specified seeds, originating from third countries and harvested before 15 August 2020 cannot fulfil the condition for their mother plants to be produced in a production site where the specified pest is known not to occur, on the basis of official inspections carried out at the appropriate time to detect the specified pest, such seeds to be introduced into the Union, should be exempted from the requirement under point (a)(i) of Article 9(1).

(6)

The Commission was informed by the seed industry sector and by the Member States that the requirement to include the name of the registered production site in the phytosanitary certificate in accordance with Article 9 of Implementing Regulation (EU) 2020/1191 is causing delays and practical difficulties to the exporters, as for them it is difficult to identify the concrete production site. For the purpose of facilitating the identification of the registered production site by the competent authorities and professional operators of third countries, that requirement should be replaced by a requirement for submitting information on the traceability of the production site of the mother plants.

(7)

The specified seeds originating from third countries should be tested using the sampling and testing methods as referred in the Annex of Implementing Regulation (EU) 2020/1191. To take into account that some specified seeds may have been tested months before they are actually certified for export, it is proportionate from 1 April 2021 onwards to require carrying out of mandatory molecular testing, and give third countries time to adapt to this requirement.

(8)

In order to avoid unnecessary trade restrictions for the specified seeds harvested before 15 August 2020, this Regulation should become applicable within the shortest possible time. Therefore, this Regulation should enter into force on the third day following that of its publication.

(9)

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

(1)

The European Union Solidarity Fund (‘the Fund’) aims to enable the Union to respond in a rapid, efficient and flexible manner to emergency situations in order to show solidarity with the population of regions struck by major or regional natural disasters or a major public health emergency.

(2)

The Fund is not to exceed a maximum annual amount of EUR 500 000 000 (2011 prices), as laid down in Article 10 of Council Regulation (EU, Euratom) No 1311/2013 (3).

(3)

On 10 June 2020, Croatia submitted an application to mobilise the Fund, following the earthquake in March 2020 that affected the city of Zagreb and the counties of Zagreb and Krapina-Zagorje.

(4)

On 24 August 2020, Poland submitted an application to mobilise the Fund, following the floods in June 2020 in Podkarpackie Voivodeship.

(5)

By 24 June 2020, Croatia, Germany, Greece, Hungary, Ireland, Portugal and Spain submitted applications to mobilise the Fund in relation to the major public health emergency caused by the COVID-19 pandemic in early 2020. In their applications, all seven Member States requested the payment of an advance on the anticipated contribution from the Fund.

(6)

The applications by Croatia and Poland in relation to the natural disasters meet the conditions for providing a financial contribution from the Fund, as laid down in Article 4 of Regulation (EC) No 2012/2002.

(7)

The Fund should therefore be mobilised in order to provide a financial contribution to Croatia and Poland.

(8)

To ensure the availability of sufficient budgetary resources in the general budget of the Union for 2020, the Fund should be mobilised for the payment of advances to Croatia, Germany, Greece, Hungary, Ireland, Portugal and Spain in relation to the major public health emergency.

(9)

In order to minimise the time taken to mobilise the Fund, this Decision should apply from the date of its adoption,

(1)

In accordance with Article 14 of Directive 2014/33/EU of the European Parliament and of the Council (2), lifts and safety components for lifts which are in conformity with harmonised standards, or parts thereof, the references of which have been published in the Official Journal of the European Union are to be presumed to be in conformity with the essential health and safety requirements set out in Annex I to that Directive covered by those standards or parts thereof.

(2)

By Commission Implementing Decision C(2016) 5884 (3), the Commission made a request to CEN for the drafting and revision of harmonised standards in support of Directive 2014/33/EU to ensure that they continue to reflect the generally acknowledged state of the art in order to meet the essential health and safety requirements of Annex I to Directive 2014/33/EU and, where relevant, with the essential health and safety requirements of Annex I to Directive 2006/42/EC of the European Parliament and of the Council (4) as set out in point 1.1 of Annex I to Directive 2014/33/EU.

(3)

On the basis of the request set out in Implementing Decision C(2016) 5884, CEN revised harmonised standards EN 81-20:2014 and EN 81-50:2014, the references of which have been published by Commission communication 2016/C 293/05 (5), to adapt them to the legal framework of Directive 2014/33/EU and to increase legal certainty and clarity of those standards, including drafting of a more precise Annex ZA and the introduction of dated normative references. This resulted in the adoption of harmonised standard EN 81-20:2020 on general safety requirements for the construction and installation for lifts for transport of persons and goods, and harmonised standard EN 81-50:2020 on design rules, calculations, examinations and tests of lifts and lifts components. No substantive technical changes were made during the revision of harmonised standards EN 81-20:2014 and EN 81-50:2014.

(4)

The Commission, together with CEN, has assessed whether harmonised standards EN 81-20:2020 and EN 81-50:2020 comply with the request set out in Implementing Decision C(2016) 5884.

(5)

Harmonised standards EN 81-20:2020 and EN 81-50:2020 satisfy the essential health and safety requirements which they aim to cover and which are set out in Directive 2014/33/EU. It is therefore appropriate to publish the references of those standards in the Official Journal of the European Union.

(6)

Harmonised standards EN 81-20:2020 and EN 81-50:2020 replace harmonised standards EN 81-20:2014 and EN 81-50:2014. It is therefore necessary to withdraw the references of harmonised standards EN 81-20:2014 and EN 81-50:2014 from the Official Journal of the European Union.

(7)

In order to give manufacturers sufficient time to prepare for application of harmonised standards EN 81-20:2020 and EN 81-50:2020, it is necessary to defer the withdrawal of the references of harmonised standards EN 81-20:2014 and EN 81-50:2014.

(8)

In the interests of clarity and legal certainty, a complete list of references of harmonised standards drafted in support of Directive 2014/33/EU and satisfying the essential requirements they aim to cover should be published in one act. The other references of harmonised standards published in the communication 2016/C 293/05 should therefore also be included in this Decision. That communication should therefore be repealed from the date of entry into force of this Decision. However, it should continue to apply in respect of the references of harmonised standards EN 81-20:2014 and EN 81-50:2014, given that it is necessary to defer withdrawal of those references.

(9)

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