(1)

Commission Regulation (EC) No 272/2009 (2) supplements the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008.

(2)

Regulation (EC) No 272/2009 charges the Commission with the recognition of the equivalence of security standards of third countries, in accordance with the criteria set out in Part E of the Annex to that Regulation.

(3)

The Annex to Commission Implementing Regulation (EU) 2015/1998 (3) lists the third countries recognised as applying security standards equivalent to the common basic standards.

(4)

The Commission has verified that the Republic of Serbia, in regard to Belgrade Nikola Tesla Airport, satisfies the criteria set out in Part E of the Annex to Regulation (EC) No 272/2009, with regard to screening of passengers and cabin baggage, screening of hold baggage, cargo and mail and aircraft security.

(5)

The Commission has verified that the State of Israel, in regard to Ben Gurion International Airport, satisfies the criteria set out in Part E of the Annex to Regulation (EC) No 272/2009, with regard to aircraft security and screening of passengers and cabin baggage.

(6)

Commission Implementing Regulation (EU) 2020/111 (4) amending Implementing Regulation (EU) 2015/1998 included both the Republic of Serbia, in regard to Belgrade Nikola Tesla Airport, and the State of Israel, in regard to Ben Gurion International Airport, in the relevant Attachments listing third countries recognised as applying security standards equivalent to the common basic standards.

(7)

Commission Implementing Regulation (EU) 2019/413 (5) amending Implementing Regulation (EU) 2015/1998 recognised the United Kingdom of Great Britain and Northern Ireland as applying security standards equivalent to the common basic standards. The annex to that Regulation consisted, inter alia, in the replacement of the entire content of Attachments 3-B, 4-B, 5-A and 6-F with new Attachments containing also the United Kingdom of Great Britain and Northern Ireland.

(8)

The application date of Implementing Regulation (EU) 2019/413 was established in Article 3, namely the date following that of which the Treaties would cease to apply to and in the United Kingdom of Great Britain and Northern Ireland pursuant to Article 50(3) of the Treaty on European Union. The delayed entry into application of Implementing Regulation (EU) 2019/413, on 1 January 2021, has resulted in the replacement from that day of Attachments 3-B, 4-B, 5-A and 6-F with attachments containing lists that do not reflect modifications occurred after the adoption of Implementing Regulation (EU) 2019/413, namely those introduced through Implementing Regulation (EU) 2020/111.

(9)

It is therefore necessary to re-establish the correct lists of third countries recognised as applying security standards equivalent to the common basic standards by adding those third countries that had been added through Implementing Regulation (EU) 2020/111.

(10)

Commission Implementing Regulation (EU) 2021/255 (6) amending Implementing Regulation (EU) 2015/1998 introduced a new road map for the progressive completion of the installation of standard 3 explosive detection systems (EDS) equipment for the screening of hold baggage at European airports, adding the necessary flexibility due to the COVID-19 pandemic. In elaborating such roadmap, a similar additional flexibility from 1 September 2021 was not granted, by mistake, to operators still using standard 2 EDS equipment for the screening of cargo and mail. The appropriate authorities should be given the possibility to allow a reasonable extension of the use of standard 2 EDS also to operators engaged in the screening of cargo and mail.

(11)

Experience gained with the implementation of Implementing Regulation (EU) 2015/1998 has shown the need for some amendments to the implementing modalities of certain common basic standards in the areas of EU aviation security validators and the progressive phase-out of single-view x-ray equipment respectively. The related provisions in the Annex need to be adjusted in order to improve legal clarity, standardize the common interpretation of the legislation and further ensure the best implementation of the common basic standards in aviation security.

(12)

Implementing Regulation (EU) 2015/1998 should therefore be amended accordingly.

(13)

The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 19 of Regulation (EC) No 300/2008,

(1)

In order to establish the decentralised IT system for communication and exchange of documents for the purposes of taking evidence, it is necessary to define and adopt technical specifications, measures and other requirements for the implementation of that system.

(2)

There are tools that have been developed for the digital exchange of case related data, without replacing or requiring costly modifications to the existing IT systems already established in the Member States. The e-Justice Communication via On-line Data Exchange (e-CODEX) system is the main tool of this type developed to date.

(3)

The decentralised IT system should be comprised of the back-end systems of Member States and interoperable access points, through which they are interconnected. The access points of the decentralised IT system should be based on e-CODEX.

(4)

Once the decentralised IT system has been developed the steering committee will ensure the operation and maintenance of it. The steering committee should be established by the Commission in a separate act.

(5)

The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (2) and delivered an opinion on 24 January 2022.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters,

(1)

In order to establish the decentralised IT system, it is necessary to define and adopt technical specifications, measures and other requirements for the implementation of that system.

(2)

There are tools that have been developed for the digital exchange of case related data, without replacing or requiring costly modifications to the existing IT systems already established in the Member States. The e-Justice Communication via On-line Data Exchange (e-CODEX) system is the main tool of this type developed to date.

(3)

The decentralised IT system should be comprised of the back-end systems of Member States and interoperable access points, through which they are interconnected. The access points of the decentralised IT system should be based on e-CODEX.

(4)

Once the decentralised IT system has been developed the steering committee will ensure the operation and maintenance of it. The steering committee should be established by the Commission in a separate act.

(5)

The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (2) and delivered an opinion on 24 January 2022.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters,

(1)

Regulation (EU) 2016/429 lays down, inter alia, the animal health requirements for the entry into the Union of consignments of animals, germinal products and products of animal origin, and it applies from 21 April 2021. One of those animal health requirements is that those consignments must come from a third country, territory or zone or compartment thereof, listed in accordance with Article 230(1) of that Regulation.

(2)

Commission Delegated Regulation (EU) 2020/692 (2) supplements Regulation (EU) 2016/429 as regards the animal health requirements for the entry into the Union of consignments of certain species and categories of animals, germinal products and products of animal origin from third countries, territories or zones or compartments thereof. Delegated Regulation (EU) 2020/692 provides that consignments of animals, germinal products and products of animal origin falling within its scope may only be permitted to enter into the Union if they come from a third country, territory or zone or compartment thereof, listed for the particular species and categories of animals, germinal products and products of animal origin, in accordance with the animal health requirements laid down in that Delegated Regulation.

(3)

Commission Implementing Regulation (EU) 2021/404 (3) establishes the lists of third countries, territories or zones or compartments thereof, from which the entry into the Union of those species and categories of animals, germinal products and products of animal origin, that fall within the scope of Delegated Regulation (EU) 2020/692, is permitted. The lists and certain general rules concerning the lists are set out in Annexes I to XXII to that Implementing Regulation.

(4)

Annex IV to Implementing Regulation (EU) 2021/404 sets out the list of third countries, territories or zones thereof authorised for the entry into the Union of consignments of equine animals. The erroneous reference in the title of column 2 of that list should be corrected. Annex IV to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(5)

Section A of Part 1 of Annex XV to Implementing Regulation (EU) 2021/404 sets out the list of third countries, territories or zones thereof authorised for the entry into the Union of consignments of meat products from ungulates, poultry and game birds. In the fifth column of that list, the entry for Serbia as regards porcine animals, should reflect the risk-mitigating treatments B or C referred to in Article 1, point (a), of Commission Implementing Decision (EU) 2019/1351 (4), which applied until 31 December 2021, and which are now set out in Annex XXVI to Delegated Regulation (EU) 2020/692. That entry for Serbia should be corrected, and Annex XV to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(6)

Annex XVI to Implementing Regulation (EU) 2021/404 sets out the list of third countries, territories or zones thereof authorised for the entry into the Union of consignments of casings. Mongolia submitted to the Commission its response to a questionnaire concerning the entry into the Union of consignments of casings from that third country in terms of animal and public health. Mongolia has also provided sufficient evidence and guarantees to the Commission to be included in that list which should therefore be amended to include that third country. Annex XVI to Implementing Regulation (EU) 2021/404 should therefore be amended accordingly.

(7)

Annex XVII to Implementing Regulation (EU) 2021/404 sets out a list of third countries, territories or zones thereof authorised for the entry into the Union of milk, colostrum, colostrum-based products, dairy products derived from raw milk and dairy products not subject to a specific risk-mitigating treatment against foot-and-mouth disease. That list should take account of the list of third countries or parts thereof authorised for the introduction into the European Union of consignments of raw milk, dairy products, colostrum and colostrum-based products and indicating the type of heat treatment required for such commodities set out in Annex I to Commission Regulation (EU) No 605/2010 (5), as Regulation (EU) No 605/2010 was repealed and replaced by Implementing Regulation (EU) 2021/404. Annex XVII to Implementing Regulation (EU) 2021/404 should therefore be corrected to include an entry for the Isle of Man, which was listed in Annex I to Regulation (EU) No 605/2010.

(8)

Annex XXI to Implementing Regulation (EU) 2021/404 sets out the list of third countries or territories or zones or compartments thereof from which the entry into the Union of consignments of live aquatic animals of listed species is authorised. That Annex should be corrected by reinserting Parts 2, 3 and 4 as applicable before the amendments made to Annex XXI to Implementing Regulation (EU) 2021/404, by Commission Implementing Regulation (EU) 2021/1937 (6), and unintentionally deleted by that Implementing Regulation. Annex XXI to Implementing Regulation (EU) 2021/404 should therefore be corrected accordingly.

(9)

Implementing Regulation (EU) 2021/404 should therefore be amended and corrected accordingly.

(10)

As Implementing Regulation (EU) 2021/404 applies from 21 April 2021, in the interest of legal certainty, the amendments and corrections to be made to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency.

(11)

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

(1)

Pursuant to Article 20 of Commission Implementing Regulation (EU) 2019/947 (2), unmanned aircraft systems (‘UAS’) that do not comply with Commission Delegated Regulation (EU) 2019/945 (3) and which are not privately-built are allowed to continue to be used in the ‘open’ category under certain limited operational conditions, when they have been placed on the market before 1 January 2023. Pursuant to Article 22 of Implementing Regulation (EU) 2019/947, UAS that do not comply with the requirements of Parts 1 to 5 of the Annex to Delegated Regulation (EU) 2019/945 are allowed to be used in the ‘open’ category only under certain limited operational conditions for a transitional period ending on 1 January 2023.

(2)

Pursuant to Article 23(2) of Implementing Regulation (EU) 2019/947, as from 3 December 2023, Member States may only accept declarations made by UAS operators in accordance with Article 5(5) of that Implementing Regulation for an operation complying with one of the two standard scenarios, either in visual line of sight over a controlled ground area in a populated environment or beyond visual line of sight with Airspace Observers over a controlled ground area in a sparsely populated environment, set out in Appendix 1 to the Annex to that Implementing Regulation.

(3)

Some of the harmonised standards addressing the requirements applicable to UAS of classes C0 to C6 necessary to operate in the ‘open’ category or under the standard scenarios, as well as the direct remote identification would not be available until mid-2023. Without those harmonised standards, UAS manufacturers would in practice be hindered from placing compliant UAS on the market before the end of the transitional period provided for by Article 22 of Implementing Regulation (EU) 2019/947.

(4)

It is therefore necessary to extend the dates provided for in Articles 20 and 22 of Implementing Regulation (EU) 2019/947 in order to ensure that the harmonised standards addressing the requirements applicable to UAS of classes C0 to C6 are available to UAS producers and operators before those periods expire. It is also necessary to postpone the date of application of the two standard scenarios set out in Appendix 1 to the Annex to that Implementing Regulation in order to ensure that those harmonised standards are available before Member States may accept declarations for operations compliant with those standard scenarios. Until then Member States should be able to accept declarations made by UAS operators in accordance with Article 5(5) of that Implementing Regulation, based on national standard scenarios or equivalent.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 127 of Regulation (EU) 2018/1139,

(1)

There is a need to ensure complementarity with relevant European Union-funded programmes, in particular the European Union Border Assistance Mission to Moldova and Ukraine (EUBAM) and “EU4Border Security”.

(2)

In circumstances requiring the deployment of border management teams from the standing corps of the European Border and Coast Guard to a third country where the members of the teams will exercise executive powers, Article 73(3) of Regulation (EU) 2019/1896 (1) of the European Parliament and of the Councilon the European Border and Coast Guard calls for a status agreement to be concluded by the Union with the third country concerned on the basis of Article 218 of the Treaty on the Functioning of the European Union.

(3)

Negotiations should be opened with a view to concluding an international agreement with the Republic of Moldova on actions carried out by the European Border and Coast Guard Agency in the territory of the Republic of Moldova.

(4)

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (2). Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(5)

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,