(1)

In accordance with Article 21 of the Treaty on European Union (TEU), the Union is to define and pursue common policies and actions, and improve cooperation in all fields in international relations in order, inter alia, to encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade.

(2)

Pursuant to Article 206 of the Treaty on the Functioning of the European Union (TFEU), the Union, by establishing a customs union, is to contribute, in the common interest, to the harmonious development of world trade, to the progressive abolition of restrictions on international trade and on foreign direct investment, and to the lowering of customs and other barriers

(3)

In accordance with Article 26 TFEU, the Union is to adopt measures with the aim of establishing or ensuring the functioning of the internal market, comprising an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the Treaties. The access of third-country economic operators, goods and services to the public procurement or concession markets of the Union falls within the scope of the common commercial policy.

(4)

Article III:8 of the General Agreement on Tariffs and Trade 1994 and Article XIII of the General Agreement on Trade in Services exclude government procurement from the main multilateral World Trade Organization (WTO) disciplines.

(5)

Within the framework of the WTO and through its bilateral relations, the Union advocates an ambitious opening of the international public procurement and concession markets of the Union and its trading partners, in a spirit of reciprocity and mutual benefit.

(6)

The plurilateral WTO Agreement on Government Procurement and the Union trade agreements that include provisions on public procurement provide for market access for Union economic operators only to the public procurement or concession markets of third countries that are parties to those agreements.

(7)

Where a third country is a Party to the WTO Agreement on Government Procurement or has concluded a trade agreement with the Union that includes provisions on public procurement, the Commission should follow the consultation mechanisms or dispute settlement procedures set out in those agreements where the restrictive practices relate to public procurement covered by market access commitments undertaken by that third country towards the Union.

(8)

Many third countries are reluctant to open their public procurement or concession markets to international competition, or to improve access to those markets. As a consequence, Union economic operators face restrictive public procurement practices in many third countries which result in the loss of substantial trading opportunities.

(9)

Regulation (EU) No 654/2014 of the European Parliament and of the Council (3) lays down rules and procedures in order to ensure the exercise of the Union’s rights under international trade agreements concluded by the Union. No such rules and procedures exist for the treatment of economic operators, goods and services that are not covered by such international agreements.

(10)

International market access commitments undertaken by the Union towards third countries in the field of public procurement and concessions require, inter alia, the equal treatment of economic operators from those third countries. Consequently, measures adopted under this Regulation can only apply to economic operators, goods or services from third countries that are not parties to the plurilateral WTO Agreement on Government Procurement or to bilateral or multilateral trade agreements concluded with the Union that include commitments on access to public procurement or concession markets, or to economic operators, goods or services from countries that are parties to such agreements but only with respect to public procurement procedures for goods, services or concessions that are not covered by those agreements. In accordance with Directives 2014/23/EU (4), 2014/24/EU (5) and 2014/25/EU (6) of the European Parliament and the Council and as clarified by the communication of the Commission of 24 July 2019 on Guidance on the participation of third-country bidders and goods in the EU procurement market, economic operators from third countries, which do not have any agreement providing for the opening of the EU procurement market, or whose goods, services and works are not covered by such an agreement, do not have secured access to procurement procedures in the EU and may be excluded.

(11)

The effective application of any measure adopted under this Regulation with a view to improving the access of Union economic operators to the public procurement or concession markets of certain third countries requires a clear set of rules of origin for economic operators, goods and services.

(12)

The origin of a good should be determined in accordance with Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (7).

(13)

The origin of a service should be determined on the basis of the origin of the natural or legal person providing it. The origin of a legal person should be considered to be the country under the laws of which a legal person is constituted or otherwise organised and in the territory of which the legal person is engaged in substantive business operations. Legal persons constituted or otherwise organised under the laws of a Member State should only be considered to have their origin in the Union if they have a direct and effective link with the economy of a Member State. To avoid a possible circumvention of an International Procurement Instrument (IPI) measure, the origin of foreign-controlled or owned legal persons that are not engaged in substantive business operations in the territory of a third country or in the territory of a Member State, under the laws of which they are constituted or otherwise organised, may also need to be determined by taking into account other elements, such as the origin of the owners or other persons exercising a dominant influence over that legal person.

(14)

When assessing whether specific measures or practices exist in a third country that could result in an impairment of access of Union economic operators, goods or services to the public procurement or concession markets of that third country, the Commission should examine to what degree laws, rules or other measures on the public procurement or concession markets of the third country concerned ensure transparency in line with international standards, and do not result in serious and recurrent restrictions against Union economic operators, goods, or services. In addition, the Commission should examine to what degree individual third-country contracting authorities or contracting entities adopt or maintain restrictive practices against Union economic operators, goods or services.

(15)

The Commission should be able to initiate at any time a transparent investigation into allegedly restrictive measures or practices adopted or maintained by a third country.

(16)

Given the overall policy objective of the Union to support the economic growth of least developed countries and their integration into global value chains, the Commission should not start an investigation in respect of countries benefitting from the ‘Everything But Arms’ arrangement as listed in Annex IV of Regulation (EU) No 978/2012 of the European Parliament and of the Council (8).

(17)

When conducting the investigation, the Commission should invite the third country concerned to enter into consultations with a view to eliminating or remedying any restrictive measures or practices and thereby improving the tendering opportunities for Union economic operators, goods and services regarding public procurement or concession markets in that third country.

(18)

It is of the utmost importance that the investigation is carried out in a transparent manner. A report on the main findings of the investigation should therefore be publicly available.

(19)

Where the investigation confirms the existence of restrictive measures or practices, and the consultations with the third country concerned do not lead to satisfactory corrective actions that remedy the serious and recurrent impairment of access for Union economic operators, goods and services within a reasonable timeframe or where the third country concerned declines to enter into consultations, the Commission should adopt under this Regulation, if it considers such adoption to be in the interest of the Union, an IPI measure in the form of a score adjustment or of an exclusion of tenders.

(20)

The determination of whether the adoption of an IPI measure is in the interest of the Union should be based on an appreciation of all the various interests taken as a whole, including the interests of the Union’s economic operators. The Commission should weigh the consequences of adopting such a measure against its impact on the Union’s broader interests. It is important that special consideration is given to the general objective of achieving reciprocity by opening third-country markets and improving market access opportunities for Union economic operators. The objective of limiting any unnecessary administrative burden for contracting authorities and contracting entities as well as economic operators should also be taken into account.

(21)

A score adjustment should be applied only for the purpose of the evaluation of tenders submitted by economic operators originating in the third country concerned. Such a measure should not affect the price to be paid under the contract to be concluded with the successful tenderer. When contracting authorities or contracting entities decide to base their evaluation of tenders on a price or cost as the only contract award criterion, the level of score adjustment should be set significantly higher to ensure comparable effectiveness of the IPI measure.

(22)

IPI measures should apply to public procurement procedures falling under the scope of this Regulation, including framework agreements and dynamic purchasing systems. Where a specific contract is awarded under a dynamic purchasing system to which an IPI measure applies, IPI measures should also apply to that specific contract. However, IPI measures should not apply to contracts below a certain threshold with a view to limiting the overall administrative burden for contracting authorities and contracting entities. In order to avoid a possible double application of IPI measures, such measures should not apply to contracts awarded based on a framework agreement if IPI measures have already been applied at the stage of concluding that framework agreement.

(23)

To avoid a possible circumvention of an IPI measure, appropriate obligations should be imposed on successful tenderers. Those obligations should apply only to public procurement procedures which are subject to an IPI measure, as well as to contracts awarded based on a framework agreement where the value of such contracts are equal to or above a certain threshold and where that framework agreement is subject to an IPI measure.

(24)

Where a third country engages in substantive and advanced negotiations with the Union concerning market access in the field of public procurement, with a view to eliminating or remedying the impairment of access of Union economic operators, goods or services to its public procurement or concession markets, the Commission should be able to, during the negotiations, suspend IPI measures which refer to the third country concerned.

(25)

It is important that IPI measures are uniformly applied in the Union by contracting authorities and contracting entities. To take into account the diversity of administrative capacity of contracting authorities and contracting entities, Member States should be able to request the exemption from IPI measures for a limited list of local contracting authorities under certain strict requirements. When checking the lists of local contracting authorities as proposed by the Member States, it is important that the Commission take into consideration the particular situation of those contracting authorities as regards, inter alia, the levels of population and the geographical situation. Such exemption could also refer to public procurement procedures that those contracting authorities should be able to carry out under framework agreements or dynamic purchasing systems.

(26)

It is imperative that contracting authorities and contracting entities have access to a range of high-quality products meeting their purchasing requirements at a competitive price. Contracting authorities and contracting entities should therefore be able not to apply IPI measures limiting access of non-covered goods and services where there are no Union or covered goods or services available which meet the requirements of the contracting authority or contracting entity or to safeguard essential public policy needs, for example regarding overriding reasons relating to public health or protection of the environment. When contracting authorities or contracting entities apply those exceptions, the Commission should be informed in a timely and comprehensive manner thereof to allow for appropriate monitoring of the implementation of this Regulation.

(27)

In the case of a misapplication by contracting authorities or contracting entities of IPI measures that negatively affects the chances of economic operators having a right to participate in the public procurement procedure, Council Directives 89/665/EEC (9) and 92/13/EEC (10) should be applicable. The affected economic operators should be able to initiate a review procedure in accordance with the national law implementing those Directives if, for example, those economic operators consider that a competing economic operator should have been excluded or a bid should have been ranked lower due to the application of an IPI measure. The Commission should also be able to apply the corrective mechanism in accordance with Article 3 of Directive 89/665/EEC or Article 8 of Directive 92/13/EEC.

(28)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (11).

(29)

The examination procedure should be used for the adoption of implementing acts regarding the adoption, withdrawal, suspension, reinstatement or extension of an IPI measure and the Commission should be assisted by the Trade Barriers Committee established by Regulation (EU) 2015/1843 of the European Parliament and of the Council (12). Given that IPI measures could have different effects on the Union’s public procurement or concession markets, the comitology procedure applicable to draft implementing acts providing for the exclusion of tenders should be adapted and in such cases Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 should apply.

(30)

If necessary and for matters affecting the application of the Union’s legal framework on public procurement, the Commission should be able to seek the advice of the Advisory Committee for Public Contracts established by Council Decision 71/306/EEC (13).

(31)

Information received pursuant to this Regulation should only be used for the purpose for which it was requested and with due respect to the applicable Union and national data protection and confidentiality requirements. Regulation (EC) No 1049/2001 of the European Parliament and the Council (14)as well as Article 28 of Directive 2014/23/EU, Article 21 of Directive 2014/24/EU and Article 39 of Directive 2014/25/EU should apply accordingly.

(32)

In line with the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (15) and with a view to, inter alia, reducing administrative burden, in particular on Member States, the Commission should regularly review the scope, functioning and efficiency of this Regulation. Such review would address, inter alia, the possibility of making use of any means available in order to facilitate the exchange of information, including electronic procurement facilities such as the standard forms for the publication of notices in the field of public procurement, pursuant to Commission Implementing Regulation (EU) 2019/1780 (16), as well as the burden incurred by contracting authorities and contracting entities when applying this Regulation. The Commission should report on its assessment to the European Parliament and to the Council and, where appropriate, should submit appropriate legislative proposals.

(33)

Public procurement rules and principles applicable to public contracts awarded by Union institutions on their own account are set out in Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (17) and thus fall outside the scope of this Regulation. Under Regulation (EU, Euratom) 2018/1046, those rules are based on the rules set out in Directives 2014/23/EU and 2014/24/EU. It is therefore appropriate to assess whether, in the context of a revision of Regulation (EU, Euratom) 2018/1046, the rules and principles set out in this Regulation should be made applicable also to public contracts awarded by Union institutions.

(34)

To facilitate the application of this Regulation by contracting authorities, contracting entities and economic operators, the Commission should issue guidelines. Those guidelines should provide information, in particular, on the notions of the origin of natural and legal persons, the origin of goods and services, additional obligation and the application of those provisions within the framework of this Regulation. In light of the overall policy objective of the Union to support small and medium-sized enterprises (SMEs), those guidelines should also take into account the specific information needs of SMEs in their application of this Regulation with a view to preventing their overburdening.

(35)

In accordance with the principle of proportionality and in order to achieve the basic objective of improving the access of Union economic operators, goods and services to the public procurement or concession markets of third countries by establishing measures regarding non-covered procurement, it is necessary and appropriate to lay down rules on procedures for the Commission to undertake investigations into alleged third-country measures or practices against Union economic operators, goods and services, and to enter into consultations with the third countries concerned. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) of the TEU,

(1)

While short-term gas supply disruptions have occurred in the past, there are several factors which distinguish the situation in 2022 from previous security of gas supply crises. The escalation of the Russian military aggression against Ukraine since February 2022 has led to unprecedented price increases. Those price increases are likely to fundamentally change the incentives to fill underground gas storage facilities in the Union. In the current geopolitical situation, further disruptions of gas supplies cannot be excluded. Such supply disruptions could severely harm citizens and the economy of the Union because the Union is still, to a significant extent, dependent on external gas supplies, which can be affected by the conflict.

(2)

The nature and consequences of recent events are large-scale and Union-wide and therefore require a comprehensive Union response. That response should prioritise measures that can reinforce the security of gas supply at Union level, in particular gas supplies to protected customers. Energy savings and energy efficiency are key contributors to that objective. It is therefore crucial that the Union acts in a coordinated manner to avoid potential risks resulting from possible gas supply disruptions, without prejudice to Member States’ right to choose between different energy sources and the general structure of their energy supply in accordance with Article 194 of the Treaty on the Functioning of the European Union (TFEU).

(3)

Underground gas storage facilities contribute to the security of gas supply and well-filled underground gas storage facilities lead to the security of gas supply by providing additional gas in the event of high demand or supply disruptions. Since supply disruptions of pipeline gas can occur at any time, measures regarding the filling level of Union underground gas storage facilities should be introduced to safeguard the security of gas supply for the winter of 2022–2023.

(4)

Regulation (EU) 2017/1938 of the European Parliament and of the Council (3) introduced a solidarity mechanism as an instrument to mitigate the effects of a severe emergency within the Union in which gas supply to solidarity protected customers, as an essential security need and a necessary priority is at stake in a Member State. In the event of a Union emergency, an immediate response ensures that Member States are able to provide enhanced protection to customers.

(5)

The impact of the Russian military aggression against Ukraine has shown that the existing security of supply rules are not adapted to sudden major changes in the geopolitical situation, in which supply shortages and price peaks can result not only from the failure of infrastructure or extreme weather conditions but also from intentional major events and from longer-lasting or sudden supply disruptions. It is therefore necessary to address the sudden greatly increased risks resulting from the current changes in the geopolitical situation, including by diversifying the Union’s energy supplies.

(6)

Based on the Commission’s analysis of, inter alia, the adequacy of measures to secure gas supply and the Union-wide reinforced risk preparedness analysis carried out in February 2022 by the Commission and the Gas Coordination Group (the ‘GCG’) established by Regulation (EU) 2017/1938, each Member State should, in principle, ensure that the underground gas storage facilities that are located on its territory and directly interconnected to a market area of that Member State are filled to at least 90 % of their capacity at Member State level by 1 November of each year (filling target), with a series of intermediate targets for each Member State in May, July, September and February (filling trajectory) of the year thereafter. Some Member States that have significant underground storage capacity would be disproportionately affected by the obligation to meet the filling target for the underground gas storage facilities on their territory. In order to reflect that situation, the obligation to fill their underground gas storage facilities should be reduced to 35 % of their average annual gas consumption over the preceding five years. This should be without prejudice to the obligation of other Member States to contribute to the filling of the underground gas storage facilities concerned. Member States should be able to decide, subject to conditions, to partially meet the filling target by counting liquefied natural gas (LNG) stocks stored in LNG facilities. The filling targets are necessary to ensure that consumers in the Union are adequately protected against gas supply shortages. For 2022, a lower filling target of 80 % and a reduced number of intermediate targets should apply, taking into account the fact that this Regulation is to enter into force after the start of the storage filling season and that Member States will have limited time to implement it.

(7)

When filling their storage facilities, Member States should aim to diversify their gas suppliers with a view to reducing their dependence where that may endanger the security of energy supply or the essential security interests of the Union or of the Member States.

(8)

Each year from 2023, gas storage should be specifically monitored from February to avoid the sudden withdrawal of gas from underground gas storage facilities in the middle of winter, which could cause security of supply challenges before the end of winter. The filling trajectories should enable continuous monitoring throughout the storage filling season.

(9)

Each year from 2023, each Member State with underground gas storage facilities should submit to the Commission a draft filling trajectory for such facilities on its territory and directly interconnected to its market area in an aggregated form. Taking into account the assessment of the GCG, the Commission should take a decision setting the filling trajectory for each Member State in a manner that does not unduly distort the competitive position of underground gas storage facilities in that Member State in comparison with such facilities located in neighbouring Member States.

(10)

In order to set the filling trajectory for each Member State with underground gas storage facilities from 2023 based on the draft filling trajectory submitted by each such Member State, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (4).

(11)

The filling trajectory for each Member State with underground gas storage facilities should comprise a series of intermediate targets and should be based on the average filling rate for that Member State during the preceding five years. For Member States for which the filling target is reduced to 35 % of their average annual gas consumption, the intermediate targets of the filling trajectory should be reduced accordingly.

(12)

Where a Member State cannot meet the filling target on time due to technical issues such as problems related to the pipelines feeding the underground gas storage facilities or with injection facilities, the Member State should be allowed to meet the filling target at a later stage. However, each filling target should be met as soon as technically possible, and in any event no later than 1 December of the year concerned, in order to safeguard the security of gas supply for the winter period.

(13)

It is possible that a Member State cannot meet the filling target or an intermediate target due to a regional or Union emergency, such as where the gas supply is insufficient as referred to in Article 11(1), point (c), of Regulation (EU) 2017/1938, which the Commission has declared at the request of one or more Member States, as the case may be, which have declared a national emergency within the meaning of that Regulation. Therefore, the filling targets, including the burden-sharing target, should not apply where, and for as long as, the Commission has declared a regional or Union emergency pursuant to Article 12 of that Regulation.

(14)

To ensure that there is no deviation from the filling trajectories, the competent authorities should continuously monitor the filling levels of the underground gas storage facilities. The filling trajectories should be subject to a margin of five percentage points. Where the filling level of a Member State is more than five percentage points below the level of its filling trajectory, the competent authority should immediately take effective measures to increase it. Member States should inform the Commission and the GCG of such measures.

(15)

Any substantial and sustained deviation by a Member State from its filling trajectory can jeopardise adequate filling levels and the filling target, which are necessary to safeguard the security of gas supply in the Union in a spirit of solidarity. In the event of such a substantial and sustained deviation from the filling trajectory or of a deviation from the filling target, the Commission should be empowered to take effective measures to avoid security of gas supply problems resulting from unfilled storage facilities. When deciding upon such effective measures, the Commission should take into account the specific situation of the Member State concerned, such as the size of the underground gas storage facilities in relation to domestic gas consumption, the importance of the underground gas storage facilities for security of gas supply in the region and any existing LNG storage facilities. As this Regulation is to enter into force after the start of the storage filling season in 2022, any measures taken by the Commission to address deviations from the filling trajectory for 2022 should take into account the limited time available for the implementation of this Regulation at national level. The Commission should ensure that the measures do not go beyond what is necessary to safeguard the security of gas supply, without putting a disproportionate burden on Member States, gas market participants, storage system operators or consumers.

(16)

Member States should take all necessary measures to ensure that the filling targets are met. In so doing, they should aim to use market-based measures as a first recourse, where possible, so as to avoid unnecessary market disruption. Member States should be free to set a higher filling target, so that the Union could strive to reach collectively the filling of 85 % of the capacity of the underground gas storage facilities in the Union for 2022. Given the various regulatory regimes already in place in many Member States to support the filling of storage facilities, no specific instrument to meet the filling trajectories or the filling target should be imposed. Member States should remain free to decide which instrument is most appropriate for their national systems, provided that certain conditions are met. Member States or competent regulatory authorities should therefore have the possibility to determine which market participants are to be required to ensure the filling of the underground gas storage facilities. They should also be able to decide whether regulatory means, such as measures to oblige capacity holders to free up unused capacity, which are possible under existing Union market rules are sufficient to ensure that the filling targets are met, or whether financial incentives or storage tariff rebates are necessary. If a Member State imposes an obligation on suppliers of gas to protected customers on its territory to store gas in underground gas storage facilities, the amount of gas to be stored should be determined on the basis of the amount of natural gas supplied to those protected customers. Member States should coordinate with each other and use instruments such as platforms for the purchase of LNG in order to maximise the utilisation of LNG to fill storage facilities. In addition, Member States should reduce infrastructure and regulatory barriers to the shared use of LNG to fill storage facilities.

(17)

The Commission communication of 8 March 2022 entitled ‘REPowerEU: Joint European Action for more affordable, secure and sustainable energy’ clarified that Union law allows Member States to provide aid to gas suppliers under Article 107(3), point (c) TFEU in order to ensure the filling of storage facilities, for example in the form of guarantees (two-way contract for difference).

(18)

Any measure taken by Member States to ensure the filling of underground gas storage facilities, including the conditions to be imposed on filling based on burden-sharing and the conditions to be imposed on withdrawal of gas from underground gas storage facilities, should be necessary, clearly defined, transparent, proportionate, non-discriminatory and verifiable, and should not unduly distort competition or the proper functioning of the internal market in gas or endanger the security of gas supply of other Member States or of the Union. In particular, such measures should not lead to the strengthening of a dominant position, or to windfall gains for undertakings that control underground gas storage facilities or that have booked but have not used, storage capacity.

(19)

The efficient use of the existing infrastructure, including cross-border transmission capacities, underground gas storage facilities and LNG facilities, is important to safeguard the security of gas supply in a spirit of solidarity. Open energy borders are key for the security of gas supply, including in times of gas supply disruptions at national, regional or Union level. Therefore, measures taken to ensure the filling of underground gas storage facilities should not block or restrict cross-border capacities allocated in accordance with Commission Regulation (EU) 2017/459 (5). In addition, Member States should ensure that storage remains available, including to neighbouring Member States and where an emergency as referred to in Article 11(1), point (c), of Regulation (EU) 2017/1938 is declared.

(20)

The storage obligation is likely to impose a financial burden on the relevant market participants in those Member States which have relevant underground gas storage facilities on their territory, while the increase in the level of security of gas supply is intended to benefit all Member States, including those that do not have underground gas storage facilities. To share the burden of ensuring that underground gas storage facilities in the Union are sufficiently filled to safeguard the security of gas supply, in a spirit of solidarity, Member States without underground gas storage facilities should use underground gas storage facilities in other Member States. In the event that a Member State has no interconnection with other Member States or if a Member State’s limited cross-border transmission capacity or other technical reasons make it impossible to use underground gas storage facilities in other Member States, that obligation should be reduced accordingly.

(21)

Member States without underground gas storage facilities should ensure that market participants within such Member States have in place arrangements in Member States that have such facilities that provide for the use, by 1 November, of storage volumes corresponding to at least 15 % of their average annual gas consumption over the preceding five years. However, Member States without underground gas storage facilities should also be able to develop an alternative burden-sharing mechanism with one or more Member States that have underground gas storage facilities. Also other existing equivalent measures to safeguard the security of gas supply should be taken into account when considering the burden-sharing mechanism, such as an equivalent obligation with regard to fuels other than natural gas, including oil, subject to certain conditions. Member States should notify such alternative burden-sharing mechanisms to the Commission and demonstrate the technical limitations, and the equivalence of the measures taken.

(22)

It is possible that the measures by which Member States without underground gas storage facilities share the burden of the storage obligation with Member States that have underground gas storage facilities have, in turn, a financial impact on the relevant market participants. Member States without underground gas storage facilities should therefore be allowed to provide financial incentives or compensation to market participants for the shortfall in revenues or for the costs of obligations imposed on them which cannot be covered by revenue. If such measures are financed through a levy, that levy should not be applied to cross-border interconnection points.

(23)

Effective monitoring and reporting is essential for the assessment of the nature and extent of the risks related to security of gas supply as well as for the choice of the appropriate measures to counter such risks. Operators of underground gas storage facilities should report filling levels to the competent authorities on a monthly basis during the storage filling season. Owners and operators of underground gas storage facilities are encouraged to enter the capacity and the filling level for each underground gas storage facility regularly on a central reporting platform.

(24)

The competent authorities play a significant role in monitoring the security of gas supply and ensure balance between the security of gas supply and the cost for consumers arising from the measures. The competent authority of each Member State or another entity designated by the Member State should monitor the filling levels of the underground gas storage facilities on their territory and report the results to the Commission. It should also be possible for the Commission, where appropriate, to invite the European Union Agency for the Cooperation of Energy Regulators (ACER) to assist with monitoring.

(25)

It is vital that the risk assessments carried out pursuant to Article 7 of Regulation (EU) 2017/1938 take into account all risks which could severely affect the security of gas supply. For that purpose, the risk-based approach to assessing the security of gas supply and the establishment of preventive and mitigating measures should also take into account scenarios in which there is a total disruption of a single supply source. To ensure maximum preparedness in order to avoid a disruption of gas supply and to mitigate the effects of such a disruption, the common risk assessment and the national risk assessments should be carried out by taking into account such scenarios. This would enable the coordination of measures to mitigate the effects of an emergency and the optimisation of resources to guarantee a continued supply, in the event of a total disruption of supply.

(26)

The role of the GCG should be reinforced, with an explicit mandate to monitor Member States’ performance and to develop best practices, with regard to the security of gas supply. The Commission should therefore regularly report to the GCG and the GCG should assist the Commission in monitoring the filling targets and in ensuring that they are met.

(27)

The GCG acts as a key adviser to the Commission to facilitate the coordination of security of supply measures, assisting the Commission at all times and, more specifically, in the event of a crisis. As necessary, in order to ensure maximum preparedness and to facilitate the quick exchange of information, the Commission will convene, without delay, the crisis management formation of the GCG, in anticipation of a possible crisis. The GCG crisis management formation should be available to assist the Commission for as long as necessary. To that end, the GCG should maintain channels of communication with Member States and all relevant market participants in the security of gas supply and collect information relevant to the security of gas supply at national, regional and Union level.

(28)

The storage system sector is of high importance to the Union, the security of its energy supplies and other essential security interests of the Union. Accordingly, underground gas storage facilities are considered to be critical infrastructure within the meaning of Council Directive 2008/114/EC (6). The Member States are encouraged to take into account the measures introduced by this Regulation in their national energy and climate plans and in the progress reports adopted pursuant to Regulation (EU) 2018/1999 of the European Parliament and of the Council (7).

(29)

Additional safeguards are necessary in the storage system network to avoid threats to public order and public security in the Union or to the welfare of Union citizens. Member States should ensure that each storage system operator, including storage system operators that are controlled by transmission system operators, is certified by the national regulatory authority or by another competent authority designated by the Member State, in order to ensure that the security of energy supply or any other essential security interest in the Union or any Member State is not endangered by the influence over the storage system operator. For the analysis of possible security of energy supply risks, coordination between Member States in carrying out the security of supply assessment is important. That assessment should not discriminate between market participants but should fully comply with the principles of a well-functioning internal market. In order to quickly alleviate the risk resulting from low filling levels, that certification should be prioritised and carried out faster for larger underground storage facilities which have recently been filled at consistently low levels, so as to ensure that potential security of gas supply problems resulting from control over such large storage facilities can be excluded or, if possible, rectified. Considering the average filling level of the preceding six years of all Union underground storage facilities on 31 March being 35 % of their maximum capacity, the threshold for the definition of an unusually low filling level in March 2021 and March 2022 should be set at 30 %.

(30)

National regulatory authorities or another competent authority designated by the Member States concerned (in either case, ‘certifying authority’) should refuse certification where they conclude that a person who directly or indirectly controls or exercises any right over the storage system operator could endanger the security of energy supply or any other essential security interest at national, regional or Union level. In making that assessment, the certifying authority should take into account commercial relationships that could negatively affect the incentives and ability of the storage system operator to fill the underground gas storage facility, as well as the international obligations of the Union and any other specific facts and circumstances of the case. To ensure the consistent application of certification rules across the Union, the observance of the international obligations of the Union and solidarity and energy security within the Union, the certifying authority should take the utmost account of the Commission’s opinion when it takes decisions on certification, including by revising its draft decision, where appropriate. Where a certifying authority refuses certification, it should have the power to require any person to dispose of the shareholding or rights they have over the storage system owner or storage system operator and to set a time limit for such disposal, to order any other appropriate measure to ensure that that person is not able to exercise any control or right over that storage system owner or storage system operator, and to decide on appropriate compensatory measures. Any measure taken in the certification decision to address security of gas supply risks or other essential security interests should be necessary, clearly defined, transparent, proportionate and non-discriminatory.

(31)

This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). In particular, it respects the right not to be deprived of one’s possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss as provided for in Article 17 of the Charter and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter.

(32)

If undertakings are due to purchase more gas when the price of gas is high, this could further drive up prices. Therefore regulatory authorities should be able to apply a discount of up to 100 % to entry and exit tariffs for transmission and distribution capacity to and from storage, to both underground gas storage facilities and LNG facilities, making storage more attractive for market participants. National regulatory authorities and competition authorities are also encouraged to use their powers to effectively exclude undue increases of storage tariffs.

(33)

In view of the current exceptional circumstances and the uncertainties related to future changes in the geopolitical situation, Member States are encouraged to meet the filling targets as quickly as possible.

(34)

Considering the imminent danger for the security of gas supply brought about by the Russian military aggression against Ukraine, this Regulation should enter into force on the day after its publication. Due to the exceptional nature of the current circumstances, certain provisions introduced by this Regulation should apply only until 31 December 2025.

(35)

This Regulation should, as a matter of urgency, become part of the Energy Community acquis in accordance with the Energy Community Treaty, which was signed in Athens on 25 October 2005 and entered into force on 1 July 2006.

(36)

Regulation (EU) 2017/1938 and Regulation (EC) No 715/2009 of the European Parliament and of the Council (8) should therefore be amended accordingly,

(1)

Farmers and rural businesses in the Union have been affected by the consequences of Russia’s invasion of Ukraine in an unprecedented manner. Increasing input prices, particularly for energy, fertiliser and animal feed, have created economic disruption to the Union’s agricultural sector and rural communities and have led to liquidity problems for farmers and small rural businesses active in processing, marketing or development of agricultural products. That has created an exceptional situation which needs to be addressed by a new exceptional measure.

(2)

In order to respond to the impact of Russia’s invasion of Ukraine on the Union’s agricultural and food sectors, a new exceptional and temporary measure should be provided for in this Regulation addressing the liquidity problems that put at risk the continuity of farming activities and of small businesses active in processing, marketing or development of agricultural products.

(3)

The support under the measure provided for in this Regulation, which aims to secure competitiveness of agri-food businesses and farm viability in the Union, should concentrate the available resources on beneficiaries who are affected the most by the consequences of Russia’s invasion of Ukraine and be granted on the basis of objective and non-discriminatory criteria. In the case of farmers, it should be possible for such criteria to include production sectors, types of farming or farm structures and, in the case of small and medium-sized enterprises (SMEs), sectors, types of activity, types of regions or other specific constraints.

(4)

The current serious crisis in the Union’s agricultural sector confirms the need to accelerate the transition towards sustainability to better prepare for future crises. The support under the measure provided for in this Regulation should therefore not result in a reduction of the overall share of the European Agricultural Fund for Rural Development (EAFRD) contribution reserved for the measures referred to in Article 59(6) of Regulation (EU) No 1305/2013 of the European Parliament and of the Council (3).

(5)

Because of the urgency and the temporary and exceptional character of the measure provided for in this Regulation, a one-off payment and an end date for application of the measure should be set. The principle that payments by the Commission are to be made in accordance with budget appropriations and subject to available funding should also be complied with.

(6)

In order to give higher support to farmers or SMEs that are the most severely affected, it is appropriate to allow Member States to adjust the level of the lump-sums for certain categories of eligible beneficiaries, for instance by fixing certain ranges or broad categories, based on objective and non-discriminatory criteria.

(7)

In order to ensure adequate funding of the measure provided for in this Regulation without jeopardising other objectives of the rural development programmes, a maximum share of the Union contribution to that measure should be fixed.

(8)

Regulation (EU) No 1305/2013 should therefore be amended accordingly.

(9)

In view of Russia’s invasion of Ukraine and the urgency of addressing the impact of that invasion on the Union’s agricultural and food sectors, it is considered to be appropriate to invoke the exception to the eight-week period provided for in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the Treaty on European Union (TEU), to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community.

(10)

Since the objective of this Regulation, namely to address the exceptional situation created in the Union’s agricultural and food sectors by the impact of the Russia’s invasion of Ukraine, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(11)

Given the urgency of the situation relating to the impact of Russia’s invasion of Ukraine on the Union’s agricultural and food sectors, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

(1)

Regulation (EU) 2021/953 of the European Parliament and of the Council (2) lays down the framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) for the purpose of facilitating the holders’ exercise of their right to free movement during the COVID-19 pandemic. It also contributes to facilitating the gradual lifting of restrictions to free movement put in place by the Member States, in accordance with Union law, to limit the spread of SARS-CoV-2, in a coordinated manner.

(2)

According to Regulation (EU) 2021/953, test certificates are to be issued on the basis of two types of tests for SARS-CoV-2 infection, namely molecular nucleic acid amplification tests (NAAT tests), including those using reverse transcription polymerase chain reaction (RT-PCR), and rapid antigen tests, which rely on the detection of viral proteins (antigens) using a lateral flow immunoassay that gives results in less than 30 minutes, provided they are carried out by health professionals or by skilled testing personnel.

(3)

Regulation (EU) 2021/953 does not cover laboratory-based antigenic assays, such as enzyme-linked immunosorbent assays or automated immunoassays. From July 2021, the technical working group on COVID-19 diagnostic tests, which is responsible for preparing updates to the EU common list of COVID-19 antigen tests agreed by the Health Security Committee established pursuant to Article 17 of Decision No 1082/2013/EU of the European Parliament and of the Council (3), has been reviewing the proposals put forward by Member States and manufacturers for COVID-19 laboratory-based antigenic assays. Those proposals have been assessed against the same criteria as those used for rapid antigen tests, and the Health Security Committee has established a list of the laboratory-based antigenic assays that meet those criteria.

(4)

As a result of those developments and to enlarge the scope of the different types of diagnostic tests that may be used for the issuance of an EU Digital COVID Certificate, the definition of rapid antigen tests should be amended to include laboratory-based antigenic assays. It should thus be possible for Member States to issue test certificates and, following the adoption of Commission Delegated Regulation (EU) 2022/256 (4), certificates of recovery on the basis of the antigen tests included in the EU common list of COVID-19 antigen tests agreed, and regularly updated, by the Health Security Committee as meeting the established quality criteria. Given that Member States' COVID-19 testing strategies differ, the possibility for Member States to use antigen tests for the issuance of recovery certificates should thus remain optional, to be used in particular when there is a shortage of NAAT capacity due to a high number of infections in the area concerned or for another reason. Where sufficient NAAT capacity is available, Member States can continue to issue certificates of recovery only on the basis of NAAT tests, which are considered as the most reliable methodology for the testing of COVID-19 cases and contacts. Similarly, during periods in which there is an increase in SARS-CoV-2 infections, resulting in high demand for testing or a shortage of NAAT tests, Member States could have the possibility, temporarily, of issuing certificates of recovery based on antigen tests. When infections decrease, Member States can continue to issue certificates of recovery only on the basis of NAAT tests.

(5)

In accordance with Article 5 of Regulation (EU) 2021/953, vaccination certificates issued by Member States are to include the number of doses administered to the holder. It is necessary to clarify that this requirement is intended to reflect all doses administered, in any Member State, not just those administered in the Member State issuing the vaccination certificate. To include only those previous doses received in the Member State issuing the vaccination certificate could lead to a discrepancy between the total number of doses actually administered to a person and the number indicated on the vaccination certificate, and could prevent holders from making use of their vaccination certificate when exercising the right to free movement within the Union. The administration of previous doses in other Member States is proven by means of a valid EU Digital COVID Certificate. A Member State should not require additional information or evidence from Union citizens holding such vaccination certificates, such as the batch number of previous doses. It should be possible for a Member State to require a person to present valid proof of identity and a previous vaccination certificate or certificate of recovery. In this context, the rules for accepting vaccination certificates issued by other Member States set out in Article 5(5) of Regulation (EU) 2021/953 apply. In addition, certificates covered by an implementing act adopted pursuant to Articles 3(10) and 8(2) of Regulation (EU) 2021/953 are, for the purpose of facilitating the holders’ exercise of their right to free movement, to be accepted under the same conditions as EU Digital COVID Certificates issued by Member States. In accordance with Article 3(4) of Regulation (EU) 2021/953, the holder of an EU Digital COVID Certificate is entitled to request the issuance of a new certificate if the personal data contained in the original certificate are not accurate, including with regard to the vaccination of the holder.

(6)

In accordance with Article 5(1) of Regulation (EU) 2021/953, the Member State in which a COVID-19 vaccine was administered is to issue a vaccination certificate to the person concerned. Nevertheless, this should not be understood as preventing a Member State from issuing vaccination certificates referred to in point (a) of Article 3(1) of Regulation (EU) 2021/953 to persons who provide proof that they have been vaccinated in another Member State.

(7)

In particular in light of the emergence of new SARS-CoV-2 variants of concern, the continued development and study of COVID-19 vaccines is a crucial factor in the fight against the COVID-19 pandemic. In that context, it is important to facilitate the participation of volunteers in clinical trials, that is, studies performed to investigate the safety or efficacy of a medicine, such as a COVID-19 vaccine. Clinical research plays a fundamental role in the development of vaccines and voluntary participation in clinical trials therefore needs to be encouraged. Preventing participants in clinical trials from obtaining vaccination certificates could constitute a major disincentive to participating in such trials, delaying the conclusion of such trials and, more generally, having a negative impact on public health. In addition, the integrity of clinical trials, including in terms of data blinding and confidentiality, should be preserved to ensure the validity of their results. It should therefore be possible for Member States to issue vaccination certificates to participants in clinical trials that have been approved by Member States’ ethical committees and competent authorities, regardless of whether the participant received the COVID-19 vaccine candidate or, to avoid undermining the studies, the dose administered to the control group.

(8)

In addition, it is necessary to clarify that it should be possible for other Member States to accept vaccination certificates for COVID-19 vaccines undergoing clinical trials in order to waive restrictions to free movement put in place, in accordance with Union law, in response to the COVID-19 pandemic. The acceptance period of such vaccination certificates should not be longer than that of certificates issued based on COVID-19 vaccines that have been granted a marketing authorisation pursuant to Regulation (EC) No 726/2004 of the European Parliament and of the Council (5). The acceptance period of such vaccination certificates can differ, depending on whether the vaccine was administered as part of the primary vaccination series or as a booster. Within that period, Member States can accept such vaccination certificates unless they have been revoked following the conclusion of the clinical trial, in particular where the COVID-19 vaccine is subsequently not granted a marketing authorisation or where the vaccination certificates were issued for a placebo administered to the control group as part of a blinded trial. In this regard, the issuance of vaccination certificates to participants in clinical trials for COVID-19 vaccines and the acceptance of those certificates is a Member State competence. If a COVID-19 vaccine undergoing clinical trials is subsequently granted a marketing authorisation pursuant to Regulation (EC) No 726/2004, vaccination certificates for that vaccine fall, from the date of the issuance of that marketing authorisation, within the scope of the first subparagraph of Article 5(5) of Regulation (EU) 2021/953. To ensure a coherent approach, the Commission should be empowered to ask the Health Security Committee, the European Centre for Disease Prevention and Control (ECDC) or the European Medicines Agency (EMA) to issue guidance with regard to the acceptance of certificates issued for a COVID-19 vaccine undergoing clinical trials that has not yet been granted a marketing authorisation pursuant to Regulation (EC) No 726/2004, which should take into account the ethical and scientific criteria necessary for carrying out clinical trials.

(9)

Since the adoption of Regulation (EU) 2021/953, the epidemiological situation with regard to the COVID-19 pandemic has evolved considerably. Despite there being variations in the level of vaccination in different Member States, by 31 January 2022, more than 80 % of the adult population in the Union had completed their primary vaccination cycle and more than 50 % had received a booster dose. Increasing vaccine uptake remains a crucial objective in the fight against the COVID-19 pandemic, given the increased protection against hospitalisation and severe disease afforded by vaccination, and thus plays an important role in ensuring that restrictions to the free movement of persons can be lifted.

(10)

In addition, the spread of the SARS-CoV-2 variant of concern ‘Delta’ in the second half of 2021 caused an increase in the number of infections, hospitalisation and deaths, requiring Member States to adopt strict public health measures in an effort to protect healthcare system capacity. In early 2022, the SARS-CoV-2 variant of concern ‘Omicron’ caused sharp increases in the number of COVID-19 infections, rapidly replacing Delta and reaching an unprecedented intensity of community transmission across the Union. As noted by the ECDC in its Rapid Risk Assessment of 27 January 2022, Omicron infections appear less likely to lead to a severe clinical outcome requiring hospitalisation or admission to intensive care units. Although the reduction in severity is partially due to inherent characteristics of the virus, results from vaccine effectiveness studies have shown that vaccination plays a significant role in preventing severe clinical outcomes from Omicron infection, with effectiveness against severe illness increasing significantly among people having received three vaccine doses. Furthermore, given the very high levels of community transmission, leading to many people being ill at the same time, Member States are likely to undergo a period of substantial pressure on their healthcare systems and on the functioning of the society as a whole, mainly through absence from work and education.

(11)

After the peak in Omicron infections in early 2022, a high proportion of the population is expected to enjoy, at least for a certain period, protection from COVID-19 either due to vaccination or prior infection, or both. As a result of the COVID-19 vaccines currently available, a significantly higher percentage of the population is also better protected from falling seriously ill and dying from COVID-19. However, it is not possible to predict the impact of a possible increase in infections in the second half of 2022. In addition, the possibility of a worsening of the COVID-19 pandemic because of the emergence of new SARS-CoV-2 variants of concern cannot be ruled out. As also noted by the ECDC, significant uncertainties remain at this stage of the COVID-19 pandemic.

(12)

In view of the remaining uncertainties regarding the further evolution of the COVID-19 pandemic, it cannot be excluded that Member States continue to require Union citizens and their family members exercising their right to free movement to present proof of COVID-19 vaccination, test result or recovery after 30 June 2022, the date on which Regulation (EU) 2021/953 is due to expire. It is thus important to avoid a situation in which, in the event that certain restrictions to free movement based on public health remain in place after 30 June 2022, Union citizens and their family members are deprived of the possibility of using their EU Digital COVID Certificates, which are an effective, secure and privacy-preserving way of proving COVID-19 vaccination, test result or recovery, where their possession is required by Member States in order to exercise their right to free movement.

(13)

In that context, Member States should require Union citizens and their family members exercising their right to free movement to present proof of COVID-19 vaccination, a test result or recovery, or should impose additional restrictions such as additional travel-related testing for SARS-CoV-2 infections or travel-related quarantine or self-isolation, only where such restrictions are non-discriminatory, and necessary and proportionate for the purpose of safeguarding public health based on the latest available scientific evidence, including epidemiological data published by the ECDC on the basis of Council Recommendation (EU) 2022/107 (6), and in line with the precautionary principle.

(14)

When imposing restrictions to free movement on grounds of public health, Member States should pay particular attention to the specificities of the outermost regions, exclaves and geographically isolated areas and the likely impact of such restrictions on cross-border regions, given the strong social and economic ties of those regions.

(15)

Any verification of the certificates making up the EU Digital COVID Certificate should not lead to further restrictions to the freedom of movement within the Union or to restrictions on travel within the Schengen area.

(16)

At the same time, given that any restrictions to the free movement of persons within the Union put in place to limit the spread of SARS-CoV-2, including a requirement to present EU Digital COVID Certificates, should be lifted as soon as the epidemiological situation allows, the extension of the period of application of Regulation (EU) 2021/953 should be limited to 12 months. In addition, the extension of the period of application of that Regulation should not be understood as requiring Member States, in particular those that lift domestic public health measures, to maintain or impose restrictions to free movement. The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union delegated to the Commission pursuant to Regulation (EU) 2021/953 should also be extended. It is necessary to ensure that the EU Digital COVID Certificate framework can adapt to new evidence regarding COVID-19 vaccination, reinfection after recovery, or testing and to scientific progress in containing the COVID-19 pandemic.

(17)

By 31 December 2022, the Commission should submit a third report to the European Parliament and to the Council on the application of Regulation (EU) 2021/953. The report should contain, in particular, an overview of the information received pursuant to Article 11 of that Regulation regarding the restrictions to free movement put in place by the Member States to limit the spread of SARS-CoV-2, an overview describing all developments regarding domestic and international uses of the EU Digital COVID Certificate, any relevant updates regarding the assessment included in the second report, and an assessment of the appropriateness of the continued use of EU Digital COVID Certificates for the purposes of that Regulation, taking into account epidemiological developments and the latest available scientific evidence, and in the light of the principles of necessity and proportionality. When drawing up the report, the Commission should request guidance from the ECDC and the Health Security Committee. Without prejudice to the Commission’s right of initiative, the report should be accompanied by a legislative proposal to shorten the period of application of Regulation (EU) 2021/953 taking into account the evolution of the epidemiological situation with regard to the COVID-19 pandemic and any recommendations from the ECDC and the Health Security Committee to that effect.

(18)

Regulation (EU) 2021/953 should therefore be amended accordingly.

(19)

Since the objective of this Regulation, namely to facilitate the exercise of the right to free movement within the Union during the COVID-19 pandemic by establishing a framework for the issuance, verification and acceptance of interoperable COVID-19 certificates on a person’s COVID-19 vaccination, test result or recovery, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(20)

In order to allow for its prompt and timely application to ensure the continuity of the EU Digital COVID Certificate, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

(21)

The European Data Protection Supervisor and the European Data Protection Board were consulted in accordance with Article 42(1) and (2) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (7) and delivered a joint opinion on 14 March 2022 (8),

(1)

Under the Schengen acquis, in particular Regulation (EU) 2016/399 of the European Parliament and of the Council (2) (the Schengen Borders Code), third-country nationals legally staying or residing in the Union and third-country nationals who have legally entered the territory of a Member State may move freely within the territories of all other Member States during a period of 90 days in any 180-day period.

(2)

The EU Digital COVID Certificate was established by Regulation (EU) 2021/953 of the European Parliament and the Council (3), which set out a common framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test or recovery certificates to facilitate the exercise of the right to free movement of Union citizens and their family members during the COVID-19 pandemic. That Regulation was accompanied by Regulation (EU) 2021/954 of the European Parliament and of the Council (4), which extended the EU Digital COVID Certificate framework to third-country nationals who are legally staying or residing in the territories of Member States and who are entitled to travel to other Member States in accordance with Union law.

(3)

Regulations (EU) 2021/953 and (EU) 2021/954 are due to expire on 30 June 2022. However, the COVID-19 pandemic is still ongoing and outbreaks of variants of concern may continue to have a negative impact on travel within the Union. Consequently, the period of application of those Regulations should be extended so that the EU Digital COVID Certificate can continue to be used.

(4)

The period of application of Regulation (EU) 2021/953 is to be extended by 12 months. Since the objective of Regulation (EU) 2021/954 is to extend the application of Regulation (EU) 2021/953 to certain categories of third-country nationals legally staying or residing in the Union, the duration of its application should be directly linked to that of Regulation (EU) 2021/953. Regulation (EU) 2021/954 should therefore be amended accordingly.

(5)

This Regulation should not be understood as facilitating or encouraging the adoption of travel restrictions in response to the COVID-19 pandemic. In addition, any requirement for verification of certificates established by Regulation (EU) 2021/953 does not as such justify the temporary reintroduction of border control at internal borders. Checks at internal borders should remain a measure of last resort, subject to specific rules set out in the Schengen Borders Code.

(6)

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 Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law.

(7)

This Regulation 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 (5); Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application. In order to allow Member States to accept, under the conditions set out in Regulation (EU) 2021/953, COVID-19 certificates issued by Ireland to third-country nationals legally staying or residing in its territory for the purposes of facilitating travel within the territories of the Member States, Ireland should issue those third-country nationals with COVID-19 certificates that comply with the requirements of the EU Digital COVID Certificate trust framework. Ireland and the other Member States should accept certificates issued to third-country nationals covered by this Regulation on a reciprocal basis.

(8)

As regards Cyprus, Bulgaria, Romania and Croatia, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession, Article 4(1) of the 2005 Act of Accession and Article 4(1) of the 2011 Act of Accession.

(9)

As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter’s association with the implementation, application and development of the Schengen acquis (6) which fall within the area referred to in Article 1, point C, of Council Decision 1999/437/EC (7).

(10)

As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (8) which fall within the area referred to in Article 1, point C, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (9).

(11)

As regards Liechtenstein, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (10) which fall within the area referred to in Article 1 point C, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (11).

(12)

Regulation (EU) 2021/954 should therefore be amended accordingly.

(13)

Since the objective of this Regulation, namely to facilitate the travel of third-country nationals legally staying or residing in the territories of the Member States during the COVID-19 pandemic by establishing a framework for the issuance, verification and acceptance of interoperable COVID-19 certificates on a person’s COVID-19 vaccination, test result or recovery, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(14)

In order to allow for its prompt and timely application to ensure the continuity of EU Digital COVID Certificate, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

(15)

The European Data Protection Supervisor and the European Data Protection Board were consulted in accordance with Article 42(1) and (2) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (12) and delivered a joint opinion on 14 March 2022 (13),

(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)

Those 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. That possibility had been granted for a limited reference period that was lastly extended by Regulation (EU) 2022/312 of the European Parliament and of the Council (2) until 30 June 2022.

(4)

Limitations imposed on mobility during the period of the pandemic had a significant impact on the use of rail passenger services. Rail freight services were also impacted in a more limited way. On the basis of the data provided by Union rail infrastructure managers, the pandemic hit the passenger service segment hardest. The most affected was the commercial passenger service segment, with a significant reduction of its offer across all Member States, which is not yet back to 2019 levels.

(5)

There was a recovery as regards the number of freight trains circulating on the network, with 2021 levels only 0.1% lower when compared to 2019. The number of public service obligation (‘PSO’) passenger trains circulating on the network in 2021 was 2% higher than in 2019, while in 2020 it was 5.1% lower when compared to 2019. However, given that the number of passengers both in 2020 and 2021 did not reach two thirds of the number of passengers travelling in 2019, the reduced impact of the pandemic and the following recovery were likely helped by the continued financial support of the competent authorities under the PSO contracts. In fact, in 2021, the number of passenger commercial trains was still 18.2% lower when compared to the number in 2019. In 2020 it was 22.9% lower when compared to 2019, hence showing no significant recovery.

(6)

Similar trends can be observed when traffic is expressed in train-km. Train-km run by freight trains circulating on the network showed signs of recovery, at levels just 0.5% lower in 2021 when compared to 2019. Passenger PSO services expressed in train-km were 1.1% higher in 2021 when compared to 2019. However, in 2021 passenger commercial services expressed in train-km remained 18.7% lower than 2019 levels, a slight improvement when compared to 2020.

(7)

Therefore it is evident that there is a persistent reduction in the level of rail traffic resulting from the impact of the COVID-19 pandemic on the passenger segment, which in 2018 represented around 80% of all traffic expressed in train-km.

(8)

The World Health Organisation data shows that the number of daily recorded cases of COVID-19 in Europe sharply increased at the beginning of 2022 to levels never reached before in the pandemic. Moreover, the number of daily cases reported remains very high.

(9)

A persistent negative impact of the pandemic on rail traffic is likely and railway undertakings’ difficult financial situation is equally likely to persist until end 2022.

(10)

It is therefore necessary to extend the reference period established in Article 1 of Regulation (EU) 2020/1429 until 31 December 2022.

(11)

If the European Parliament and the Council were to scrutinise this Regulation for the full period of objection provided for in Article 6(6) of Regulation (EU) 2020/1429, this Regulation would only 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 provided for in Article 7 of Regulation (EU) 2020/1429, 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,

(1)

Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use.

(2)

The Annex to Commission Regulation (EU) No 231/2012 (3) lays down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008.

(3)

The Union list of food additives and the specifications for food additives may be updated in accordance with the common procedure referred to in Article 3(1) of Regulation (EC) No 1331/2008, either on the initiative of the Commission or following an application from a Member State or an interested party.

(4)

In December 2019, an application was submitted to the Commission for the authorisation of use of glycolipids as a preservative in flavoured drinks, some other products falling under the category 14.1 ‘non-alcoholic beverages’ and alcohol free beer and malt beverages.

(5)

The European Food Safety Authority (‘the Authority’) evaluated the safety of the proposed use of glycolipids as a food additive. In the Authority’s opinion (4) adopted on 4 May 2021, an acceptable daily intake (‘ADI’) of 10 mg/kg bw per day was established. The Authority noted that the highest estimate of exposure of 3,1 mg/kg bw per day, in toddlers, is within the established ADI and concluded that the exposure to glycolipids does not raise a safety concern at the uses and use levels proposed by the applicant.

(6)

Glycolipids are produced by fungus Dacryopinax spathularia in a fermentation process. Glycolipids, when used as a preservative, prolong the shelf life of beverages by protecting them against deterioration caused by micro-organisms and inhibit the growth of pathogenic micro-organisms. Glycolipids are active against yeast, moulds and gram-positive bacteria and can serve as an alternative to other preservatives currently authorised in beverages.

(7)

It is therefore appropriate to authorise the use of glycolipids as a preservative in the beverages covered by the application and to assign E 246 as the E-number to that additive.

(8)

The specifications for glycolipids (E 246) should be included in the Annex to Regulation (EU) No 231/2012 as this additive is included in the Union list of food additives laid down in Annex II to Regulation (EC) No 1333/2008 for the first time.

(9)

Regulations (EC) No 1333/2008 and (EU) No 231/2012 should therefore be amended accordingly.

(10)

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

(1)

Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use.

(2)

That list may be updated in accordance with the common procedure referred to in Article 3(1) of Regulation (EC) No 1331/2008, either on the initiative of the Commission or following an application.

(3)

In accordance with Annex II to Regulation (EC) No 1333/2008, polyvinylpyrrolidone (E1201) is authorised for use as a food additive in table-top sweeteners in tablets and in food supplements supplied in a solid form, excluding food supplements for infants and young children.

(4)

On 29 October 2018, an application was submitted for authorisation of the use of polyvinylpyrrolidone (E1201) as a food additive in food for special medical purposes, in tablet and coated tablet forms, as a tablet binder. The application was made available to the Member States pursuant to Article 4(1), second subparagraph, of Regulation (EC) No 1331/2008.

(5)

Polyvinylpyrrolidone (E 1201) was evaluated by the Scientific Committee for Food in 1990 (3). In its 1 July 2020 scientific opinion (4), the European Food Safety Authority (‘the Authority’) re-evaluated the safety of polyvinylpyrrolidone (E1201) as a food additive and considered the extension of its use in food for special medical purposes in tablet and coated tablet forms. In that opinion, the Authority concluded that such an extension of use, at the proposed maximum permitted level and recommended consumption level, is not expected to be of a safety concern.

(6)

There is a technological need for the addition of polyvinylpyrrolidone (E1201) during the production of the tablets for special medical purposes to strongly bind the ingredients, ensure their cohesion and slow down their disintegration. It is therefore appropriate to authorise the use of this additive as a stabiliser of food for special medical purposes in tablet and coated tablet forms.

(7)

The authorisation of the use of polyvinylpyrrolidone (E1201) as a food additive in category 13.2 ‘Dietary foods for special medical purposes defined in Directive 1999/21/EC (excluding products from food category 13.1.5)’ of Part E of Annex II to Regulation (EC) No 1333/2008 does not entail the classification of a product processed with that food additive as a food for special medical purposes under Regulation (EU) No 609/2013 of the European Parliament and of the Council (5).

(8)

Regulation (EC) No 1333/2008 should therefore be amended accordingly.

(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)

Pursuant to Article 8(1) of Regulation (EU) No 978/2012 the tariff preferences of the general arrangement of the generalised scheme of preferences (GSP) are to be suspended in respect of products of a GSP section originating in a GSP beneficiary country when the average value of Union imports of such products over three consecutive years from that GSP beneficiary country exceeds the thresholds listed in Annex VI of that Regulation.

(2)

In accordance with Article 8(2) of Regulation (EU) No 978/2012 and based on trade statistics concerning calendar years 2015-2017, Commission Implementing Regulation (EU) 2019/249 (2) established the list of product sections for which the tariff preferences were suspended from 1 January 2020 until 31 December 2022.

(3)

Pursuant to Article 8(3) of Regulation (EU) No 978/2012, the Commission is to review that list, every three years, and adopt an implementing act to suspend or re-establish the tariff preferences.

(4)

As Regulation (EU) No 978/2012 is set to expire on 31 December 2023, the revised list should apply for one year as of 1 January 2023. The list is based on trade statistics concerning calendar years 2018-2020 as available on 1 September 2021 and takes into account imports from GSP beneficiary countries listed in Annex II of Regulation (EU) No 978/2012 as applicable on that date. However, the value of imports from GSP beneficiaries which, as from 1 January 2023, no longer benefit from the tariff preferences under point (b) of Article 4(1) of Regulation (EU) No 978/2012 is not taken into account,

(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 or 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 or 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) lays down 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 VI, Part 1, Section A, to Implementing Regulation (EU) 2021/404 sets out the list of third countries or territories, or zones thereof, authorised for entry into the Union of consignments of captive birds and germinal products of captive birds, other than captive birds covered by the derogations referred to in Article 62 of Delegated Regulation (EU) 2020/692.

(5)

The United Kingdom have submitted to the Commission an application to authorise the entry into the Union of consignments of captive birds and germinal products thereof, other than the captive birds referred to in Article 62 of Delegated Regulation (EU) 2020/692, from the Crown Dependencies of the Isle of Man and Jersey and provided guarantees regarding the capacities of the competent authorities of those Crown Dependencies to ensure reliable official certification and compliance with the relevant animal health requirements for such consignments of captive birds and germinal products thereof intended for the entry into the Union. Those Crown Dependencies should therefore be listed in Annex VI to Implementing Regulation (EU) 2021/404.

(6)

Annex VI to Implementing Regulation (EU) 2021/404 should therefore be amended accordingly.

(7)

Annex XV, Part 1, Section A, 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 which have undergone the risk-mitigating treatments referred to in Annex XXVI to Delegated Regulation (EU) 2020/692.

(8)

Morocco has submitted an application to the Commission to be authorised for the entry into the Union of consignments of meat products from poultry, other than ratites, and provided guarantees regarding compliance, by that third country, with the requirements on the notification and reporting of the listed diseases referred to in Annex I, point 1, to Delegated Regulation (EU) 2020/692 relevant for poultry, and guarantees regarding compliance by that third country with the relevant Union animal health requirements or with equivalent requirements. Therefore, and taking into account the poultry health situation in Morocco, it is appropriate to include that third country in the list set out in Annex XV, Part 1, Section A, to Implementing Regulation (EU) 2021/404 as regards meat products from poultry, other than ratites, which have undergone the specific risk-mitigating treatment ‘D’ referred to in Annex XXVI to Delegated Regulation (EU) 2020/692.

(9)

Annex XV to Implementing Regulation (EU) 2021/404 should therefore be amended accordingly.

(10)

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

(11)

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

(12)

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

(1)

On 17 November 2017, the Commission (‘the Commission’) published Commission Implementing Regulation (EU) 2016/2005 imposing a provisional anti-dumping duty on imports of certain lightweight thermal paper originating in the Republic of Korea (2). On 3 May 2017, the Commission published Commission Implementing Regulation (EU) 2017/763 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain lightweight thermal paper originating in the Republic of Korea (3) (‘the regulation at issue’).

(2)

By application lodged at the Registry of the General Court on 20 June 2017, the Hansol Group (Hansol Paper Co. Ltd. and Hansol Artone Paper Co. Ltd.) (‘Hansol’) brought an action for annulment of Implementing Regulation (EU) 2017/763 insofar as it concerned Hansol (Case T-383/17). Hansol challenged the legality of the regulation at issue on a number of accounts. In one of its pleas in law, Hansol disputed the construction of certain normal values pursuant to Article 2(3) of the basic Regulation. In another plea in law, Hansol argued that the Commission had made a manifest error of assessment in the weighting of sales in the European Union to independent customers as compared with sales to related converters. Hansol claimed that this alleged calculation error distorted the calculation of the dumping margin and also, inter alia, the undercutting margin.

(3)

On 2 April 2020, the Court issued its judgement in Case T-383/17, annulling Implementing Regulation (EU) 2017/763 in so far that it concerned the goods manufactured by Hansol (4). The General Court found that the Commission had infringed Article 2(1) of the basic Regulation when determining to construct normal value pursuant to Article 2(3) of the basic Regulation for a product type sold by Hansol Artone Paper Co. Ltd., whereas the same product type had representative domestic sales by Hansol Paper Co. Ltd. The General Court also found that the alleged weighting error was established and that the Commission should have taken into account the quantities sold by Schades Nordic, one of Hansol Group’s related converters in the Union, to independent customers. The Commission had therefore infringed Article 2(11) of the basic Regulation as the calculations made by the Commission did not reflect the full extent of dumping practiced by Hansol. Lastly, the General Court held that this weighting error also affected the calculation of the undercutting margin, since the Commission had used the same weighting for that calculation. The General Court also found that the Commission had committed an error when applying Article 2(9) of the basic Regulation by analogy, when it deducted SG&A costs and a profit margin for the resales of the product concerned by the related selling entity in the EU, for the purposes of establishing the export price of that product in the context of the determination of the injury.

(4)

On 11 June 2020, the Commission asked the Court of Justice to set aside the judgement of the General Court by lodging an appeal (Case C-260/20 P). On 12 May 2022, the Second Chamber of the Court rejected the appeal and it upheld the findings of the General Court. (5) The Court of Justice noted however that, contrary to what the General Court had found, the Commission did not err when applying Article 2(9) of the basic Regulation by analogy in this case.

(5)

As a result, Implementing Regulation (EU) 2017/763 is annulled insofar as it concerns Hansol.

(6)

The Commission analysed whether it is appropriate to make the imports of the product concerned subject to registration. In that context, the Commission took the following considerations into account.

(7)

Article 266 TFEU provides that the Institutions must take the necessary measures to comply with the Courts’ judgments. In case of annulment of an act adopted by the Institutions in the context of an administrative procedure, such as anti-dumping investigations, compliance with the General Court’s judgement consists in the replacement of the annulled act by a new act, in which the illegality identified by the Court is eliminated (6).

(8)

According to the case-law of the Court of Justice, the procedure for replacing the annulled act may be resumed at the very point at which the illegality occurred (7). That implies in particular that in a situation where an act concluding an administrative procedure is annulled, that annulment does not necessarily affect the preparatory acts, such as the initiation of the anti-dumping procedure. In a situation where for instance a Regulation imposing definitive anti-dumping measures is annulled, that means that subsequent to the annulment, the anti-dumping proceeding is still open, because the act concluding the anti-dumping proceeding has disappeared from the Union legal order (8), except if the illegality occurred at the stage of initiation.

(9)

As explained in the reopening Notice, and since the illegality did not occur at the stage of initiation but at the stage of the investigation, the Commission decided to reopen the investigation in so far as it concerns Hansol and resumed it at the point at which the irregularity occurred.

(10)

According to the case-law of the Court of Justice, the resumption of the administrative procedure and the eventual re-imposition of duties cannot be seen as contrary to the rule of non-retroactivity (9). The Notice of Re-opening informed interested parties, including importers, that any future liability, if warranted, would emanate from the findings of the re-examination.

(11)

Based on its new findings and the outcome of the reopened investigation, which is unknown at this stage, the Commission may adopt a regulation revising, where warranted, the applicable duty rate. That revised rate, if any, will take effect as from the date on which the Regulation at issue entered into force.

(12)

For this purpose, the Commission requested national customs authorities to await the outcome of the re-examination before deciding on any repayment claim concerning the anti-dumping duties annulled by the General Court with respect to Hansol. Customs authorities are thus directed to put on hold any claims for reimbursements of the annulled duties until the outcome of the re-examination is published in the Official Journal.

(13)

Furthermore, should the re-opening investigation lead to the re-imposition of measures, duties should also be collected for the period during which the re-opening investigation are carried out.

(14)

In this respect, the Commission notes that registration is a tool provided in Articles 14(5) of the basic Regulation so that measures may subsequently be applied against imports from the date of the registration. (10) In the present case, the Commission deems it appropriate to register imports concerning Hansol with a view to facilitating the collection of anti-dumping duties once their levels are revised in line with the General Court ruling.

(15)

In line with the jurisprudence of the Court of Justice (11), contrary to registration taking place during the period before the adoption of provisional measures, the conditions of Article 10(4) of the basic Regulation are not applicable to the case at hand. Indeed, the purpose of registration in the context of Court implementation is not to allow the possible retroactive collection of duties imposed by trade defence measures as envisaged in those provisions. The purpose is rather to safeguard the effectiveness of the measures in place, without undue interruption from the date of entry into force of the regulations at issue until the re-imposition of the corrected duties, by ensuring that the collection of the correct amount of duties is possible in the future.

(16)

In light of the above considerations, the Commission considered that there were grounds for registration pursuant to Article 14(5) of the basic Regulation.

(17)

On the basis of the above, imports of the product concerned produced by Hansol (Hansol Paper Co. Ltd. and Hansol Artone Paper Co. Ltd.) must be made subject to registration.

(18)

As indicated in the reopening Notice, the final liability for payment of anti-dumping duty, if any, from the date of entry into force of the anti-dumping regulation at issue will emanate from the findings of the re-examination.

(19)

No duty higher than the duty established in the regulation at issue may be collected for the period between the publication of the notice of re-opening and the date of entry into force of the results of the re-opening investigation.

(20)

The current anti-dumping duty applicable to Hansol is EUR 104,46 per tonne net.

(1)

The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

(2)

Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee established by the EEA Agreement (the ‘EEA Joint Committee’) may decide to amend, inter alia, Protocol 31 on cooperation in specific fields outside the four freedoms, annexed to the EEA Agreement (‘Protocol 31’).

(3)

It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the Union regarding the free movement of workers, the coordination of social security schemes and measures for migrants, including migrants from third countries.

(4)

Protocol 31 should therefore be amended accordingly.

(5)

The position of the Union in the EEA Joint Committee should therefore be based on the attached draft Decision of the EEA Joint Committee,

(1)

Pursuant to Article 300(3) of the Treaty, the Committee of the Regions is to consist of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.

(2)

On 3 February 2020, the Council adopted Decision (EU) 2020/144 (2), appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025.

(3)

A member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Juan ESPADAS CEJAS.

(4)

Two alternate members’ seats on the Committee of the Regions have become vacant following the resignation of Mr Carlos MARTÍNEZ MÍNGUEZ and the end of the national mandate on the basis of which Mr José Francisco BALLESTA GERMÁN was proposed for appointment.

(5)

The Spanish Government has proposed Mr Julio MILLÁN MUÑOZ, representative of a local body who holds a local authority electoral mandate, Alcalde del Ayuntamiento de Jaén (Andalucía) (Mayor of the city council of Jaén (Andalucía)), as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025.

(6)

The Spanish Government has proposed the following representatives of local bodies who hold a local authority electoral mandate as alternate members of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025: Ms Noelia María ARROYO HERNÁNDEZ, Alcaldesa del Ayuntamiento de Cartagena (Murcia) (Mayor of the city council of Cartagena (Murcia)), and Mr Óscar PUENTE SANTIAGO, Alcalde del Ayuntamiento de Valladolid (Castilla y León) (Mayor of the city council of Valladolid (Castilla y León)),

(1)

Pursuant to Article 9(1) of Decision 2013/354/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS), including the decision to appoint a Head of Mission.

(2)

On 13 October 2020, the PSC adopted Decision (CFSP) 2020/1541 (2), appointing Ms Nataliya APOSTOLOVA as Head of Mission of EUPOL COPPS from 15 November 2020 to 30 June 2021.

(3)

On 28 June 2021, the Council adopted Decision (CFSP) 2021/1066 (3), extending the mandate of EUPOL COPPS until 30 June 2022.

(4)

On 1 July 2021, the PSC adopted Decision (CFSP) 2021/1128 (4), extending the mandate of Ms Nataliya APOSTOLOVA as the Head of Mission of EUPOL COPPS until 30 June 2022.

(5)

On 27 June 2022, the Council adopted Decision (CFSP) 2022/1018 (5), extending the mandate of EUPOL COPPS from 1 July 2022 until 30 June 2023.

(6)

The High Representative of the Union for Foreign Affairs and Security Policy has proposed to extend the mandate of Ms Nataliya APOSTOLOVA as Head of Mission of EUPOL COPPS from 1 July 2022 to 30 June 2023,

(1)

Pursuant to Article 10(1) of Joint Action 2005/889/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah), including the decision to appoint a Head of Mission.

(2)

On 13 October 2020, the PSC adopted Decision (CFSP) 2020/1548 (2), appointing Mr Mihai-Florin BULGARIU as Head of Mission of EU BAM Rafah from 1 November 2020 to 30 June 2021.

(3)

On 28 June 2021, the Council adopted Decision (CFSP) 2021/1065 (3), extending the mandate of EU BAM Rafah until 30 June 2022.

(4)

On 1 July 2021, the PSC adopted Decision (CFSP) 2021/1127 (4), extending the mandate of Mr Mihai-Florin BULGARIU as the Head of Mission EUBAM Rafah from 1 July 2021 to 30 June 2022.

(5)

On 27 June 2022, the Council adopted Decision (CFSP) 2022/1017 (5), extending the mandate of EU BAM Rafah until 30 June 2023.

(6)

The High Representative of the Union for Foreign Affairs and Security Policy has proposed to extend the mandate of Mr Mihai-Florin BULGARIU as Head of Mission of EU BAM Rafah until 30 June 2023,

(1)

The terms of office of 26 Judges of the General Court are due to expire on 31 August 2022. Appointments to those posts should therefore be made for the period from 1 September 2022 to 31 August 2028.

(2)

It has been proposed that the terms of office of Mr Ion GÂLEA, Mr Marc JAEGER, Mr Dean SPIELMANN and Ms Mirela STANCU as Judges of the General Court be renewed.

(3)

Mr Steven VERSCHUUR has been nominated for a first term of office as Judge of the General Court.

(4)

In addition, Article 48 of Protocol No 3 on the Statute of the Court of Justice of the European Union, as amended by Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council (1), provides that the General Court is to be increased in three stages so as to consist of two Judges per Member State as from 1 September 2019. Pursuant to Article 2(a) of that Regulation, the first stage of the increase in the number of Judges at the General Court entailed the appointment of 12 additional Judges, six of whom were to have a term of office ending on 31 August 2016. Those six Judges were to be chosen in such a way that the governments of six Member States nominated two Judges for the partial renewal of the General Court in 2016, whose term of office runs from 1 September 2016 to 31 August 2022. The post of the additional Judge to be appointed on a proposal from the Government of the Slovak Republic is one of the six additional Judge posts involved in the partial renewal of the General Court in 2016. Ms Beatrix RICZIOVÁ has been nominated for the post of additional Judge of the General Court.

(5)

Under Article 7 of Protocol No 3 and following the death of Mr Barna BERKE, a Judge should be appointed to the General Court for the remainder of Mr Barna BERKE’s term of office, which runs until 31 August 2022.

(6)

Mr Tihamér TÓTH has been nominated for the vacant post.

(7)

The panel set up under Article 255 of the Treaty on the Functioning of the European Union has given a favourable opinion on the suitability of those candidates to perform the duties of Judge of the General Court,