25.11.2022

Official Journal of the European Union

L 305/1

COMMISSION DELEGATED REGULATION (EU) 2022/2300

of 30 August 2022

supplementing Regulation (EU) 2021/847 of the European Parliament and of the Council with provisions on the establishment of a monitoring and evaluation framework for the Fiscalis programme for cooperation in the field of taxation

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2021/847 of the European Parliament and of the Council of 20 May 2021 establishing the ‘Fiscalis’ programme for cooperation in the field of taxation and repealing Regulation (EU) No 1286/2013 (1), and in particular Article 14(2) thereof,

Whereas:

(1)	The indicators to report on the progress of the Fiscalis programme as established by Regulation (EU) 2021/847 (‘the Programme’) towards the achievement of the specific objectives set out in Article 3(2) of that Regulation are listed in Annex II to the Regulation.

(2)

The indicators listed in Annex II to Regulation (EU) 2021/847, while suitable for the purpose of annual monitoring of the performance, do not sufficiently enable a comprehensive monitoring and evaluation of the Programmes’ activities and results in achieving its specific objectives. Therefore, additional indicators should be laid down as part of the monitoring and evaluation framework. Those additional indicators should measure the outputs, results and impacts of the Programme.

(3)	To ensure that data for monitoring and evaluating the Programme are collected efficiently, effectively and in a timely manner, proportionate reporting requirements should be imposed that avoid double reporting and minimise administrative burdens.

(4)	In order to ensure alignment with the start of the reporting period linked with the Programme’s monitoring and evaluation framework, this Delegated Regulation should apply retroactively, from 1 January 2022,

HAS ADOPTED THIS REGULATION:

Article 1

Monitoring and evaluation framework indicators and reporting requirements

1. When monitoring and evaluating the Programme in accordance with Article 14 and 15 of Regulation (EU) 2021/847, the following indicators shall be used as part of the monitoring and evaluation framework:

(a)	the indicators set out in Annex II to Regulation (EU) 2021/847;

(b)	the indicators set out in the Annex to this Regulation, which measure the outputs, results and impacts of the Programme.

2. The indicators referred to in paragraph 1 shall be measured annually, except the impact indicators referred to in points (1)(a) and (3) of the Annex to this Regulation which shall be measured every 2 years and as part of the interim and final evaluations, in accordance with Article 15 of Regulation (EU) 2021/847.

3. When required by the Commission, the recipients of the Programme funds shall provide the Commission with data and information related to the indicators referred to in paragraph 1, relevant for the purpose of contributing to the monitoring and evaluation framework.

Article 2

Entry into force and application

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

It shall apply from 1 January 2022.

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

Done at Brussels, 30 August 2022.

For the Commission

The President

Ursula VON DER LEYEN

(1) OJ L 188, 28.5.2021, p. 1.

ANNEX

List of additional indicators with regard to the Fiscalis Programme monitoring and evaluation framework referred to in Articles 14 and 15 of Regulation (EU) 2021/847

A. Output indicators

(1)

Development of the common components of the European Electronic Systems (EES):

(a)	number of information technology (IT) projects in initiating phase;

(b)	number of IT projects in executing phase;

(c)	proportion of IT projects whose actual cost is as planned;

(d)	proportion of IT projects with ‘green’ status in line with the requirements provided for in the Multi-Annual Strategic Plan for Taxation (MASP-T).

(2)

Delivery of the common components of the EES:

(a)	number of IT projects released to production as required under Union law;

(b)	proportion of the common components of the EES delivered according to the MASP-T’s timeline;

(c)	number of revisions made to the timelines for delivery of the common components of the EES.

(3)	Reliability of the EES (capacity of the Common Communication Network).

(4)

Reliability of IT support services:

(a)	proportion of ‘incident’ tickets resolved on time;

(b)	user satisfaction with the support services provided.

(5)	Level of capacity building support provided through collaborative actions (quality of the collaborative actions).

(6)	Degree of awareness of the Programmes.

B. Results indicators

(1)	Level of coherence of tax legislation and policy and their implementation (contribution of new common components of the EES to facilitating coherent implementation of Union law and policy).

(2)	Use of key EES aimed at increasing interconnectivity and exchanging information (number of system-to-system messages exchanged).

(3)

Level of operational cooperation between national authorities:

(a)	contribution of new common components of the EES to facilitation of operational cooperation between national authorities;

(b)	number of active users on the online collaboration platform;

(c)	number of interactions on the collaborative platform;

(d)	user satisfaction with the online collaboration platform.

(4)

National authorities’ operational performance:

(a)	contribution of new common components of the EES to improving the operational performance of national authorities;

(b)	contribution of collaborative and human competency actions’ outputs to improving operational performance of national authorities.

C. Impact indicators

(1)

Evolution of the protection of the financial and economic interests of the Union and Member States:

(a)	estimated value added tax gap;

(b)	contribution of administrative cooperation to protecting the financial interests of Member States.

(2)	Contribution to enhancing the functioning of the internal market (number of pre-infringement and infringement cases in relation to taxation).

(3)	Evolution of Union competitiveness and fair competition within the Union (pre-filling of tax returns or assessments).

25.11.2022

Official Journal of the European Union

L 305/5

COMMISSION IMPLEMENTING REGULATION (EU) 2022/2301

of 23 November 2022

setting the filling trajectory with intermediary targets for 2023 for each Member State with underground gas storage facilities on its territory and directly interconnected to its market area

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017 concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 (1) , and in particular Article 6a(7), third subparagraph, thereof,

Whereas:

(1)

Following the Russian military aggression against Ukraine and in the face of the possibility of a protracted disruption or even a halt of gas supplies from Russia, the Union undertook initiatives to increase its preparedness against such disruptions in order to protect its citizens and the economy of the Union.

(2)	In this context, Regulation (EU) 2022/1032 of the European Parliament and of the Council (2) was adopted with a view to ensuring the filling of Member States’ underground gas storage facilities for the winter period of 2022-2023 and beyond.

(3)

As for 2023 and beyond, sub-paragraph 1 of Article 6a(7) of Regulation (EU) 2017/1938 provides that each Member State with underground gas storage facilities must submit to the Commission, by 15 September of the previous year, a draft filling trajectory with intermediary targets for February, May, July and September, including technical information, for such facilities on its territory and directly interconnected to its market area in an aggregated form. The filling trajectory and the intermediate targets shall be based on the average filling rate during the preceding five years.

(4)

Sub-paragraph 3 of Article 6a(7) of Regulation (EU) 2017/1938 stipulates that, based on the technical information provided by each Member State and taking into account the assessment of the Gas Coordination Group, the Commission must adopt implementing acts setting the filling trajectory for each Member State by 15 November of the preceding year in accordance with the examination procedure referred to in Article 18a(2) of the aforementioned Regulation. The Commission is assisted by a comitology committee referred to in Article 18a(1) of the Regulation (EU) 2017/1938, the ‘Gas Storage Committee’.

(5)

The Commission is to adopt, by 15 November 2022, implementing acts setting the filling trajectories with intermediary targets for 2023 for Member States with underground gas storage facilities. Given the time constraints for the adoption of those implementing acts, a single implementing act for all Member States concerned should be adopted.

(6)

In light of the high uncertainty as regards the general security of gas supply situation and the development of gas demand and supply in the Union and individual Member States, the different consumption scenarios depending on winter temperatures, and the extent of voluntary demand reduction measures implemented by Member States based on Article 3 of Council Regulation (EU) 2022/1369 (3), the filling trajectories laid down in this Regulation should comprise technically feasible minimum intermediate targets that allow Member States to meet the filling target of 90 % by 1 November 2023.

(7)

The filling trajectories should take into account, to the extent possible, those submitted by the Member States and take into consideration the Member States’ average filling rate during the preceding five years. The technical feasibility of the intermediate targets set out in this Regulation should also take into consideration the aggregated injection capacity curve of the storage sites of each Member State. Those targets should be set in a manner that safeguards the security of gas supply at Union level, while avoiding unnecessary burdens on Member States, gas market participants, storage system operators or customers, and without unduly distorting competition between storage facilities located in the neighbouring Member States.

(8)

The intermediate target of 1 February 2023 is an important intermediary target for the security of supply during the winter periods of 2022-2023 and of 2023-2024. Setting that target to a Union minimum average of 45 % aims to ensure security of supply in December 2022 and January 2023 when gas demand is high, while avoiding storage depletion in February and March 2023. In particular, flexibility should be provided in the early winter months in case of a winter that is colder than the average. Nevertheless, Member States should strive to reach collectively the filling of 55% of the capacity of the underground gas storage facilities in the Union, if the winter months are not colder than average.

(9)

In line with Regulation (EU) 2017/1938, filling levels that remain up to five percentage points below the target, are considered as complying with the targets of Regulation (EU) 2017/1938. 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.

(10)

For Member States falling under Article 6a(3) of Regulation (EU) 2017/1938, the filling target should be reduced by the volume which was supplied to third countries during the reference period 2016 to 2021 if the average volume supplied was more than 15 TWh per year during the gas storage withdrawal period (October – April).

(11)

The European Commission has announced the setting up of the EU Energy Platform providing, inter alia, for the potential joint purchase of gas, an arrangement endorsed by the European Council in its conclusions of 30 and 31 May 2022. Joint purchase can contribute to more equal access for undertakings across the EU to new or alternative gas sources under better conditions. In particular, using demand aggregation could help Member States to mitigate the challenges for the filling season 2023/24, by enabling, within the limits of competition law, the support of better coordinated filling and storage management, and by helping to avoid excessive price peaks caused, inter alia, by uncoordinated storage filling.

(12)

Member States should meet the filling target of 90 % of their storage facilities referred to in paragraph 1 of Article 6a of Regulation (EU) 2017/1938, including, notably, by aggregating demand and taking part in joint purchasing mechanisms, as set out in the Commission Communication of 18 October 2022.

(13)

In filling storage, and in light of the challenges for the filling season in 2023, Member States should make best use of all available coordination tools at EU level. The use of the EU Energy Platform for the aggregation of demand with a view to potential joint purchase of gas can contribute to better coordination of storage filling. For example, Member States should prepare already to participate in demand aggregation with volumes at least equal to 15 % of the total volume necessary to meet the target of 90 %.

(14)	The filling trajectories should also take into account the assessment of the Gas Coordination Group that was consulted during its meeting of 21 October 2022.

(15)	Considering the need to set the filling trajectories for 2023 by 15 November 2022, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

(16)	The measures provided for in this Regulation are in accordance with the opinion of the Gas Storage Committee.

HAS ADOPTED THIS REGULATION:

Article 1

Filling trajectories for 2023

The filling trajectories with intermediate targets for 2023 for Member States with underground storage facilities on their territory and directly interconnected to their market area are set out in the Annex.

Article 2

Entry into force and application

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

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

Done at Brussels, 23 November 2022.

For the Commission

The President

Ursula VON DER LEYEN

(1) OJ L 280, 28.10.2017, p. 1.

(2) Regulation (EU) 2022/1032 of the European Parliament and of the Council of 29 June 2022 amending Regulations (EU) 2017/1938 and (EC) No 715/2009 with regard to gas storage (OJ L 173, 30.6.2022, p. 17).

(3) Council Regulation (EU) 2022/1369 of 5 August 2022 on coordinated demand-reduction measures for gas (OJ L 206, 8.8.2022, p. 1).

ANNEX

Filling trajectories with intermediate targets for 2023 for Member States with underground gas storage facilities (1)

Member State	1 February intermediate target	1 May intermediate target	1 July intermediate target	1 September intermediate target
AT	49%	37%	52%	67%
BE	30%	5%	40%	78%
BG	45%	29%	49%	71%
CZ	45%	25%	30%	60%
DE	45%	10%	30%	65%
DK	45%	40%	60%	80%
ES	59%	62%	68%	76%
FR	41%	7%	35%	81%
HR	46%	29%	51%	83%
HU	51%	37%	65%	86%
IT	45%	36%	54%	72%
LV	45%	41%	63%	90%
NL	49%	34%	56%	78%
PL	45%	30%	50%	70%
PT	70%	70%	80%	80%
RO	40%	41%	67%	88%
SE	45%	5%	5%	5%
SK	45%	25%	27%	67%

(1) The Annex is subject to the pro rata obligations of each Member State under Regulation (EU) 2017/1938, in particular Articles 6a, 6b and 6c thereof. For Member States falling under Article 6a(2), the pro rata intermediate target shall be calculated by multiplying the value indicated in the table by the limit of 35 % and by dividing the result by 90 %.

25.11.2022

Official Journal of the European Union

L 305/9

COMMISSION IMPLEMENTING REGULATION (EU) 2022/2302

of 23 November 2022

amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 183(b) thereof,

Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 5(6)(a) thereof,

Whereas:

(1)	Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

(2)	Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin.

(3)	Regulation (EC) No 1484/95 should therefore be amended accordingly.

(4)	Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 1484/95 is replaced by the text set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 23 November 2022.

For the Commission,

On behalf of the President,

Wolfgang BURTSCHER

Director-General

Directorate-General for Agriculture and Rural Development

(1) OJ L 347, 20.12.2013, p. 671.

(2) OJ L 150, 20.5.2014, p. 1.

(3) Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC (OJ L 145, 29.6.1995, p. 47).

ANNEX

‘ANNEX I

CN code

Description

Representative price

(EUR/100 kg)

Security under Article 3

(EUR/100 kg)

Origin (1)

0207 14 10

Fowls of the species Gallus domesticus, boneless cuts, frozen

380,0

’

(1) Nomenclature of countries and territories laid down by Commission Implementing Regulation (EU) 2020/1470 of 12 October 2020 on the nomenclature of countries and territories for the European statistics on international trade in goods and on the geographical breakdown for other business statistics (OJ L 334, 13.10.2020, p. 2).

25.11.2022

Official Journal of the European Union

L 305/12

COMMISSION IMPLEMENTING REGULATION (EU) 2022/2303

of 24 November 2022

amending Implementing Regulation (EU) 2019/1780 establishing standard forms for the publication of notices in the field of public procurement

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities in the field of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (1), and in particular Article 32(1), Article 52(2) and Article 64 thereof,

Having regard to Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (2), and in particular Article 33(1) thereof,

Having regard to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (3), and in particular Article 51(1), Article 75(3) and Article 79(3) thereof,

Having regard to Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (4), and in particular Article 71(1), Article 92(3) and Article 96(2), first subparagraph, thereof,

Having regard to Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (5), and in particular Article 3a thereof,

Having regard to Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (6), and in particular Article 3a thereof,

After consulting the Advisory Committee on Public Procurement,

Whereas:

(1)

Commission Implementing Regulation (EU) 2019/1780 (7) establishes the standard forms (eForms) for the publication of notices in the field of public procurement. It is to replace Commission Implementing Regulation (EU) 2015/1986 (8) in order to adapt the standard forms set out in that Regulation to the digital transformation.

(2)

In order to assist the Member States in their reporting obligations under Directive 2009/33/EC of the European Parliament and of the Council (9), the Commission is to publish certain information on clean vehicles by monitoring the relevant data available through the Tenders Electronic Daily (TED) database in accordance with Directives 2014/24/EU and 2014/25/EU. In light of the recent amendments to Directive 2009/33/EC (10), there is a need for more detailed information in the award notices. Such information will enable comprehensive reporting on low- and zero-emission vehicles and other alternative fuels vehicles, thus facilitating the monitoring activities under TED and the reporting of Members States. The standard forms should therefore be adapted to include additional optional fields for the category of vehicle, the applicable legal reference and an indicator to confirm whether the procedure falls under the scope of Directive 2009/33/EC.

(3)

To ensure policy alignment of the standard forms with the Union environmental objectives and in the interest of clarity and consistency of reporting, taking into account the needs of the Members States, the field for Green Procurement should be updated and the field for Innovative Procurement should be simplified.

(4)

The standard forms should also be adjusted and improved in some aspects that were identified by the Member States and the Commission during the process leading to the adoption of Implementing Regulation (EU) 2019/1780, such as the description of certain business terms and the application of such terms.

(5)

In order to allow for a smooth technical transition, Member States need time to prepare for the use of the new standard forms. To clarify that, for a certain period of time, both the standard forms established by Implementing Regulation (EU) 2015/1986 and those established by Implementing Regulation (EU) 2019/1780 may be used, transitional provisions should be set out. For reasons of legal certainty, the date of repeal of Implementing Regulation (EU) 2015/1986 should be aligned to the date of application of Regulation (EU) 2019/1780.

(6)	Implementing Regulation (EU) 2019/1780 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) 2019/1780 is amended as follows:

(1)	Article 3 is replaced by the following: ‘Article 3 Repeal Implementing Regulation (EU) 2015/1986 is repealed with effect from 14 November 2022.’;

(2)

The following Article 3a is inserted:

‘Article 3a

Transitional provision

From 14 November 2022 to 24 October 2023, both the forms established by this Regulation and those established by Implementing Regulation (EU) 2015/1986 may be used for the publication of notices in the Official Journal of the European Union.’;

(3)	The Annex is amended in accordance with the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 24 November 2022.

For the Commission

The President

Ursula VON DER LEYEN

(1) OJ L 216, 20.8.2009, p. 76.

(2) OJ L 94, 28.3.2014, p. 1.

(3) OJ L 94, 28.3.2014, p. 65.

(4) OJ L 94, 28.3.2014, p. 243.

(5) OJ L 395, 30.12.1989, p. 33.

(6) OJ L 76, 23.3.1992, p. 14.

(7) Commission Implementing Regulation (EU) 2019/1780 of 23 September 2019 establishing standard forms for the publication of notices in the field of public procurement and repealing Implementing Regulation (EU) 2015/1986 (eForms) (OJ L 272, 25.10.2019, p. 7).

(8) Commission Implementing Regulation (EU) 2015/1986 of 11 November 2015 establishing standard forms for the publication of notices in the field of public procurement and repealing Implementing Regulation (EU) No 842/2011 (OJ L 296, 12.11.2015, p. 1).

(9) Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean road transport vehicles in support of low-emission mobility (OJ L 120 15.5.2009, p. 5).

(10) Directive (EU) 2019/1161 of the European Parliament and of the Council of 20 June 2019 amending Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles (OJ L 188, 12.7.2019, p. 116).

ANNEX

In the Annex, table 2 is replaced by the following:

‘Table 2

Fields in standard forms and notices

Level

Name

Data type

Description

Planning

Competition

DAP

Result

Con. mod.

BG-1

Notice

Basic information about the notice.

BT-04

Procedure Identifier

Identifier

The European Public Procurement Procedure Identifier, a unique identifier of a procurement procedure. Including this identifier in all published versions of this notice (e.g. published on TED, national publication portals, regional publication portals) allows unique identification of procurement procedures around the Union.

BT-701

Notice Identifier

Identifier

The European Public Procurement Notice Identifier of this notice. Including this identifier in all published version of this notice (e.g. TED, national publication portals, regional publication portals) allows unique identification of procurement notices around the Union.

BT-757

Notice Version

Identifier

The version of the notice. This helps, for example, to keep track of versions of notices or changes to notices before publication.

BT-01

Procedure Legal Basis

Code

The legal basis (e.g. a Union or national legal act) under which the procurement procedure takes place or, in case of prior information notices, under which the procurement procedure(s) will take place.

BT-03

Form Type

Code

The type of form according to procurement legislation.

BT-02

Notice Type

Code

The type of notice according to procurement legislation.

BT-05

Notice Dispatch Date

Date

The date and time when the notice has been sent for publication by the buyer.

BT-803

Notice Dispatch Date eSender

Date

The date and time the notice was transmitted electronically by the eSender to the Publications Office of the European Union

BT-738

Notice Preferred Publication Date

Date

The preferred date of publication of the notice on TED (e.g. to avoid publication during a national holiday).

BT-702

Notice Official Language

Code

The language(s) in which this notice is officially available. These linguistic versions are equally legally valid.

BG-125

Previous Planning

Information about a prior information notice or another similar notice related to this notice. This information may differ per lot. In case of a prior information notice used only for information, this information may differ per part of the notice that may later become a lot or a self-standing procedure.

BT-125

Previous Planning Identifier

Identifier

The identifier of a prior information notice or another similar notice related to this notice.

BT-1251

Previous Planning Part Identifier

Identifier

The identifier of a part of a prior information notice or another similar notice related to this notice.

BG-703

Organisation

Information about the organisation. This information may differ per lot, per contract, per tender, etc. In case of a prior information notice used only for information, this information may differ per part of the notice that may later become a lot or a self-standing procedure.

BT-13720

Organisation Notice Section Identifier

Identifier

An identifier of one or more sections within this notice. The information in the organisation section refers to this section or these sections.

BT-500

Organisation Name

Text

The official name of the organisation.

BT-501

Organisation Identifier

Identifier

An identifier of the organisation. All of the organisation’s identifiers shall be given.

BT-16

Organisation Part Name

Text

The name of a part of an organisation (e.g. the relevant department of a large buyer).

BT-510

Organisation Street

Text

The name of the street, road, avenue, etc., of the organisation’s physical address and further identification (e.g. building number).

BT-513

Organisation City

Text

The name of the locality (city, town, or village) of the organisation’s physical address.

BT-512

Organisation Post Code

Text

The post code of the organisation’s physical address.

BT-507

Organisation Country Subdivision

Code

The location according to the common classification of territorial units for statistics (NUTS) of the organisation’s physical address. The NUTS3 classification code shall be used.

BT-514

Organisation Country Code

Code

The country of the organisation’s physical address.

BT-502

Organisation Contact Point

Text

The name of the department or other contact point for communicating with the organisation. To avoid unnecessary processing of personal data, the contact point shall allow the identification of a physical person only when necessary (in the sense of European Parliament and Council Regulation (EU) 2016/679 and European Parliament and Council Regulation (EU) 2018/1725).

BT-506

Organisation Contact Email Address

Text

The email address for contacting the organisation. To avoid unnecessary processing of personal data, the email address shall allow the identification of a physical person only when necessary (in the sense of the Regulation (EU) 2016/679 and Regulation (EU) 2018/1725).

BT-503

Organisation Contact Telephone Number

Text

The telephone number for contacting the organisation. To avoid unnecessary processing of personal data, the telephone number shall allow the identification of a physical person only when necessary (in the sense of the Regulation (EU) 2016/679 and Regulation (EU) 2018/1725).

BT-739

Organisation Contact Fax

Text

The fax number for contacting the organisation. To avoid unnecessary processing of personal data, the fax number shall allow the identification of a physical person only when necessary (in the sense of the Regulation (EU) 2016/679 and Regulation (EU) 2018/1725).

BT-505

Organisation internet Address

URL

The website of the organisation.

BT-509

Organisation eDelivery Gateway

URL

The organisation’s uniform resource locator for exchange of data and documents.

BT-633

Organisation Natural Person

Indicator

The organisation is a natural person.

BT-08

Organisation Role

Code

The role of the organisation in the procurement procedure (e.g. buyer, winner). A notice shall contain all organisations in the procedure that have the role of a buyer, a winner, a review body, a buyer acquiring supplies and/or services intended for other buyers, a buyer awarding public contracts or concluding framework agreements for works, supplies or services intended for other buyers.

BT-770

Organisation Subrole

Code

The sub-role of the organisation in the procurement procedure (e.g. group leader, organisation providing additional information about the procurement procedure).

BG-3

Buyer

Additional information about the buyer.

+++

BT-508

Buyer Profile URL

URL

The website where the buyer publishes information regarding procurement procedures (e.g. notices, procurement documents).

+++

BT-11

Buyer Legal Type

Code

The type of buyer according to procurement legislation (e.g. central government authority, body governed by public law, public undertaking).

+++

BT-740

Buyer Contracting Entity

Indicator

The buyer is a contracting entity.

+++

BT-10

Activity Authority

Code

The main activity of the contracting authority.

+++

BT-610

Activity Entity

Code

The main activity of the contracting entity.

BG-4

Winner

Additional information about the winner, tenderer or subcontractor.

+++

BT-165

Winner Size

Code

The size of the winner, tenderer or subcontractor (e.g. micro enterprise, small enterprise, medium enterprise).

+++

BT-706

Winner Owner Nationality

Code

The nationality (or nationalities) of the beneficiary owner(s) of the winner, tenderer, or subcontractor as published in the register(s) established by European Parliament and Council Directive (EU) 2018/843. If such a register does not exist (e.g. in case of contractors established outside the Union) then equivalent information from other sources.

+++

BT-746

Winner Listed

Indicator

The nationality (or nationalities) of the beneficiary owner(s) of the winner, tenderer, or subcontractor is not published in the register(s) established by Directive (EU) 2018/843, because the winner is listed on a regulated market (e.g. a stock exchange) that ensures adequate transparency in line with anti-money laundering legislation.

BG-2

Purpose

Information about the purpose of the procurement procedure. This information shall be given for the whole procurement procedure and, if they exist, also per lot. In case of a prior information notice used only for information, this information may differ per part of the notice that may later become a lot or a self-standing procedure.

BT-22

Internal Identifier

Text

The internal identifier used for files regarding the procurement procedure or lot before a procedure identifier is given (e.g. coming from the buyer’s document management system or procurement planning system).

BT-23

Main Nature

Code

The main nature (e.g. works) of what is being bought. In case of mixed procurement (e.g. a procedure for both works and services), the main nature may be, for example, the one with the highest estimated value. This information shall be given for the whole procedure.

BT-531

Additional Nature

Code

The nature (e.g. services) of what is being bought, additional to Main Nature.

BT-21

Title

Text

The name of the procurement procedure or lot.

BT-24

Description

Text

The description of the nature and quantity of what is being bought or of the needs and requirements that shall be met in this procedure or lot. In case of a modification notice, the description of the procurement before and after the modification.

BT-27

Estimated Value

Value

The estimated value of the procurement procedure or lot, over its whole duration, including options and renewals.

BT-271

Framework Maximum Value

Value

The maximum value of the framework agreement for the procurement procedure or lot, over its whole duration, including options and renewals. This value covers all contracts to be awarded within the framework agreement.

BG-557

Group Framework Maximum Value

Information about the maximum value which may be spent in a framework agreement within a group of lots. This information can be provided when the maximum value of a group of lots is lower than the sum of values of individual lots in this group (e.g. when the same budget is shared for several lots).

+++

BT-557

Group Framework Maximum Value Lot Identifier

Identifier

An identifier of a lot within the procedure that is part of a group of lots whose maximum value is lower than the sum of individual maximum values of all the lots together (e.g. when the same budget is shared for several lots).

+++

BT-157

Group Framework Maximum Value

Value

The maximum value which may be spent in a framework agreement within a group of lots. This information can be provided when the maximum value of a group of lots is lower than the sum of maximum values of individual lots in this group (e.g. when the same budget is shared for several lots). Maximum value means a value covering all contracts to be awarded within a framework agreement over its whole duration, including options and renewals.

BG-261

Classification

Information about the classification(s) describing the purchase. The common procurement vocabulary (CPV) classification type shall be used. Additionally, other classifications may be added in the future.

+++

BT-26

Classification Type

Code

The type of classification describing the purchase (e.g. the CPV).

+++

BT-262

Main Classification Code

Code

The code from the classification that best characterises the purchase.

+++

BT-263

Additional Classification Codes

Code

An additional code from the classification that also characterises the purchase.

BT-25

Quantity

Number

The number of units required.

BT-625

Unit

Code

The unit which the good, service, or work comes in, for example hours or kilograms. Where the CPV code is a supply which does not need a further unit (e.g. cars), then no unit needs to be given and quantity is taken to be an amount, e.g. the "number of cars".

BT-53

Options

Indicator

The buyer reserves the right (not an obligation) for additional purchases from the contractor (while the contract is valid).

BT-54

Options Description

Text

The description of the options.

BT-94

Recurrence

Indicator

Procurement whose purpose is likely to also be included in another procedure in the foreseeable future. (For example, a regularly re-tendered municipal service. This does not include awarding multiple contracts within a single qualification system, framework agreement, or a dynamic purchasing system.)

BT-95

Recurrence Description

Text

Any additional information about recurrence (e.g. estimated timing).

BG-708

Place of Performance

Information about the main location of works in case of works, main place of delivery or performance in case of supplies and services. If the place of performance covers several NUTS 3 areas (e.g. a highway, a national network of job centres), then all relevant codes shall be given. This information may differ per lot. In case of a prior information notice used only for information, this information may differ per part of the notice that may later become a lot or a self-standing procedure.

BT-5101

Place Performance Street

Text

The name of the street, road, avenue, etc., of the place of performance and further identification (e.g. building number).

BT-5131

Place Performance City

Text

The name of the locality (city, town, or village) of the place of performance.

BT-5121

Place Performance Post Code

Text

The postcode of the place of performance.

BT-5071

Place Performance Country Subdivision

Code

The location according to the common classification of territorial units for statistics (NUTS). The NUTS3 classification code shall be used.

BT-5141

Place Performance Country Code

Code

The country of the place of performance.

BT-727

Place Performance Services Other

Code

There are other restrictions on the place of performance (e.g. "anywhere in the European Economic Area", "anywhere in the given country").

BT-728

Place Performance Additional Information

Text

Additional information about the place of performance.

BG-36

Duration

Information about the duration of the contract, framework agreement, dynamic purchasing system or qualification system. This must include any options and renewals. This information may differ per lot. In case of a prior information notice used only for information, this information may differ per part of the notice that may later become a lot or a self-standing procedure.

BT-536

Duration Start Date

Date

The (estimated) date when the contract, framework agreement, dynamic purchasing system or qualification system will start.

BT-36

Duration Period

Duration

The (estimated) period from the start to the end of the contract, framework agreement, dynamic purchasing system or qualification system. This shall include any options and renewals.

BT-537

Duration End Date

Date

The (estimated) date when the contract, framework agreement, dynamic purchasing system or qualification system will finish.

BT-538

Duration Other

Code

The duration is unknown, unlimited, etc.

BT-58

Renewal Maximum

Number

The maximum number of times the contract can be renewed. By renewing, the buyer reserves the right (i.e. not an obligation) to renew the contract (i.e. extend its duration) without a new procurement procedure. For example, a contract may be valid for one year and the buyer may keep a possibility to renew it (e.g. once, twice) for another three months, if he is content with the services he received.

BT-57

Renewal Description

Text

Any other information about the renewal(s).

BG-61

EU Funds

Information about Union funds used to finance the procurement. This information may differ per lot.

BT-60

EU Funds

Indicator

The procurement is at least partially financed by Union funds such as the European Structural and Investment Funds or grants awarded by the Union.

BG-614

EU Funds Information

Information about European Union funds that will be used to finance the procedure. The most concrete information must be given (e.g. about concrete projects, not just operational programmes.)

+++

BT-7220

EU Funds Programme

Code

The programme of the Union funds used to at least partially finance the contract.

+++

BT-5010

EU Funds Financing Identifier

Identifier

An identifier of the Union programme used to at least partially finance the contract. The most concrete information must be given (e.g. grant agreement number, national identifier, project acronym, contract number).

+++

BT-6140

EU Funds Details

Text

Further information about the Union programme or project used at least partially finance the procurement.

BG-6

Procedure

Information about the procurement procedure.

BT-09

Cross Border Law

Text

The applicable law when buyers from different countries procure together within one procurement procedure.

BT-105

Procedure Type

Code

The type of procurement procedure (e.g. according to the types given in the Public Procurement Directives mentioned in the recitals of this Act).

BT-88

Procedure Features

Text

The main features of the procedure (e.g. description of the individual stage(s)) and information about where the full rules for the procedure can be found. This information shall be given when the procedure is not one of those mentioned in the procurement Directives. This can be the case for example for concessions, for social and other specific services, and in case of voluntary publication of procurement procedures below the EU procurement thresholds.

BT-106

Procedure Accelerated

Indicator

The time limit for receipt of requests to participate or of tenders in this procedure can be reduced due to a state of urgency.

BT-1351

Procedure Accelerated Justification

Text

The justification for using an accelerated procedure.

BT-136

Direct Award Justification Code

Code

A justification for using a procedure which allows directly awarding contracts, i.e. a procedure that does not require publishing a call for competition in the Official Journal of the European Union.

BT-1252

Direct Award Justification Previous Procedure Identifier

Identifier

An identifier of a previous procedure that justifies the use of a procedure which allows directly awarding contracts, i.e. justifying a procedure that does not require publishing a call for competition in the Official Journal of the European Union.

BT-135

Direct Award Justification Text

Text

The justification for using a procedure which allows directly awarding contracts, i.e. a procedure that does not require publishing a call for competition in the Official Journal of the European Union.

BT-31

Lots Max Allowed

Number

The maximum number of lots for which one tenderer can submit tenders.

BT-763

Lots All Required

Indicator

The tenderer must submit tenders for all lots.

BT-33

Lots Max Awarded

Number

The maximum number of lots for which contract(s) can be awarded to one tenderer.

BG-330

Group Lot Award

Tenderers may submit tenders not only for individual lots, but also for the groups of lots given here. The buyer may then compare the tenders submitted for groups of lots with those for individual lots and evaluate which option best fulfils the award criteria. Each group of lots must have clear award criteria.

+++

BT-330

Group Identifier

Identifier

The identifier of a group of lots in the procedure.

+++

BT-1375

Group Lot Identifier

Identifier

An identifier of a lot within the procedure that is part of a group of lots for which one tender can be submitted and evaluated.

BG-709

Second Stage

Information about the second stage of a two-stage procedure. This information may differ per lot.

+++

BT-50

Minimum Candidates

Number

The minimum number of candidates to be invited for the second stage of the procedure.

+++

BT-661

Maximum Candidates Indicator

Indicator

There is a maximum number of candidates to be invited for the second stage of the procedure.

+++

BT-51

Maximum Candidates Number

Number

The maximum number of candidates to be invited for the second stage of the procedure.

+++

BT-52

Successive Reduction

Indicator

The procedure will take place in successive stages. In each stage, some participants may be eliminated.

+++

BT-120

No Negotiation Necessary

Indicator

The buyer reserves the right to award the contract on the basis of the initial tenders without any further negotiations.

BG-704

Reward and Jury

Information about the rewards and the jury in a design contest. This information may differ per lot.

BG-44

Prize

Information about the value and rank of a prize for a winner in a design contest, innovation partnership or competitive dialogue (e.g. "10 000 EUR – 1st place", "5 000 EUR – 2nd place").

+++

BT-644

Prize Value

Value

The value of the prize, if any, for the winner of a design contest, innovation partnership or competitive dialogue

+++

BT-44

Prize Rank

Number

The place (e.g. first place, second place) in a design contest, innovation partnership or competitive dialogue that receives the prize.

BT-41

Following Contract

Indicator

Any service contract following the contest will be awarded to one of the winners of the contest.

BT-45

Rewards Other

Text

Further information about follow-up contracts, prizes and payments (for example non-monetary prizes, payments given for participation).

BT-42

Jury Decision Binding

Indicator

The decision of the jury is binding on the buyer.

BT-46

Jury Member Name

Text

A name of the jury member.

BT-47

Participant Name

Text

A name of an already selected participant. A participant could have been selected already at the time of the publication of the design contest notice because, for example, the information about the participation of a world-renowned architect is intended to promote the contest amongst other potential participants.

BG-701

Exclusion Grounds

The brief description of criteria regarding the personal situation of tenderers that may lead to their exclusion. This shall include a list of all such criteria and indicate required information (e.g. self-declaration, documentation). This may also include specific national exclusion grounds.

BT-67

Exclusion Grounds

Text

BG-702

Selection Criteria

Information about the selection criteria (or criterion). All criteria must be listed. This information may differ per lot.

BT-747

Selection Criteria Type

Code

The criteria (or criterion) concern(s), for example, economic and financial standing or technical and professional ability.

BT-748

Selection Criteria Used

Code

The criteria (or criterion) of the given type are (is) used, unused, or (in case of prior information notice used as a call for competition or to reduce time limits) the use is not yet known.

BT-749

Selection Criteria Name

Text

The name of the selection criteria (or criterion).

BT-750

Selection Criteria Description

Text

The brief description of the selection criteria (or criterion), including minimum requirements, required information (e.g. self-declaration, documentation) and how the criteria or criterion will be used to select candidates to be invited for the second stage of the procedure (if a maximum number of candidates was set).

BT-40

Selection Criteria Second Stage Invite

Indicator

The criteria (or criterion) will (only) be used to select the candidates to be invited for the second stage of the procedure (if a maximum number of candidates was set).

BG-72

Selection Criteria Second Stage Invite Number

Information about a number linked to the selection criteria (or criterion) used for selecting the candidates to be invited for the second stage of the procedure.

+++

BT-752

Selection Criteria Second Stage Invite Number

Number

A number linked to the selection criteria (or criterion).

+++

BT-7531

Selection Criteria Second Stage Invite Number Weight

Code

Whether the number linked to a selection criterion (or selection criteria) is a type of weight (e.g. a percentage).

+++

BT-7532

Selection Criteria Second Stage Invite Number Threshold

Code

Whether the number linked to a selection criterion (or selection criteria) is a type of threshold (e.g. a minimum score, a maximum number of tenders with the highest score passing).

BG-705

Other Requirements

Information about any other requirements for participation in the procedure and terms governing the future contract. The requirements shall include a description of methods according to which they will be verified. This information may differ per lot. In case of a prior information notice used only for information, this information may differ per part of the notice that may later become a lot or a self-standing procedure.

BT-71

Reserved Participation

Code

Whether participation is reserved for specific organisations (e.g. sheltered workshops, organisations pursuing a public service mission).

BT-79

Performing Staff Qualification

Code

Whether the names and professional qualifications of the staff assigned to perform the contract must be given.

BT-578

Security Clearance

Indicator

A security clearance is required.

BT-78

Security Clearance Deadline

Date

The time limit by which tenderers who do not hold a security clearance may obtain it.

BT-732

Security Clearance Description

Text

Additional information about the security clearance (e.g. which level of security clearance is required, which team members must have it, whether it is necessary already for accessing the procurement documents or only for contract execution).

BT-801

Non-Disclosure Agreement

Indicator

A non-disclosure agreement is required.

BT-802

Non-Disclosure Agreement Description

Text

Additional information about the non-disclosure agreement.

BG-711

Contract Terms

Information about the terms governing the future contract. This information may differ per lot. In case of a prior information notice used only for information, this information may differ per part of the notice that may later become a lot or a self-standing procedure.

BT-736

Reserved Execution

Code

Whether the execution of the contract must be performed in the framework of sheltered employment programmes.

BT-761

Tenderer Legal Form

Indicator

A certain legal form must be taken by a group of tenderers that is awarded a contract.

BT-76

Tenderer Legal Form Description

Text

The legal form that must be taken by a group of tenderers that is awarded a contract.

BT-70

Terms Performance

Text

The main information about the performance of the contract (e.g. intermediary deliverables, compensation for damages, intellectual property rights).

BT-92

Electronic Ordering

Indicator

Electronic ordering will be used.

BT-77

Terms Financial

Text

The main information about financing and payment and/or reference to any provisions that govern them.

BT-743

Electronic Invoicing

Code

Whether the buyer will require, allow or not allow electronic invoices.

BT-93

Electronic Payment

Indicator

Electronic payment will be used.

BT-65

Subcontracting Obligation

Code

An obligation to be met by the tenderer concerning subcontracting.

BT-64

Subcontracting Obligation Minimum

Number

The minimum percentage of the contract value that the contractor must subcontract using the competitive procedure described in Title III of European Parliament and Council Directive 2009/81/EC.

BT-729

Subcontracting Obligation Maximum

Number

The maximum percentage of the contract value that the contractor must subcontract using the competitive procedure described in Title III of Directive 2009/81/EC.

BG-707

Award Criteria

Information about the award criteria. This information may differ per lot.

BG-38

Award Criterion

Information about the award criterion.

+++

BT-539

Award Criterion Type

Code

Whether the criterion concerns the price, the cost, or a non-price non-cost attribute of the tender. (Price is the acquisition price; cost is any other non-price monetary criterion.)

+++

BT-734

Award Criterion Name

Text

The name of the award criterion.

+++

BT-540

Award Criterion Description

Text

The description of the award criterion.

+++

BG-541

Award Criterion Number

Information about a number linked to an award criterion.

++++

BT-541

Award Criterion Number

Number

A number linked to an award criterion.

++++

BT-5421

Award Criterion Number Weight

Code

Whether the number linked to an award criterion is a type of weight (e.g. a percentage).

++++

BT-5422

Award Criterion Number Fixed

Code

Whether the number linked to an award criterion is a fixed value (e.g. a fixed price, a fixed cost).

++++

BT-5423

Award Criterion Number Threshold

Code

Whether the number linked to an award criterion is a type of threshold (e.g. a minimum score, a maximum number of tenders with the highest score passing).

BT-543

Award Criteria Complicated

Text

The mathematical equation or any other description used for complicated weighing of criteria (e.g. non-linear weighing, the analytic hierarchy process) when a weighing cannot be expressed per criterion.

BT-733

Award Criteria Order Justification

Text

The justification for only indicating the award criteria’s order of importance, not their weighing.

BG-706

Techniques

Information about the use of sets of techniques such as framework agreements without reopening of competition, framework agreements with reopening of competition, dynamic purchasing systems, and electronic auctions. This information may differ per lot. In case of a prior information notice used only for information, this information may differ per part of the notice that may later become a lot or a self-standing procedure.

BT-765

Framework Agreement

Code

Whether a framework agreement with, without, or with and without the reopening of competition is involved.

BT-778

Framework Maximum Participants

Indicator

There is a maximum number of participants in the framework agreement.

BT-113

Framework Maximum Participants Number

Number

The maximum number of participants in the framework agreement.

BT-109

Framework Duration Justification

Text

The justification for exceptional cases when the duration of framework agreements exceeds the legal limits.

BT-111

Framework Buyer Categories

Text

Any additional categories of buyers participating in the framework agreement and not mentioned by name (e.g. "all hospitals in the Tuscany region").

BT-766

Dynamic Purchasing System

Code

Whether a dynamic purchasing system is involved and, in case of central purchasing bodies, whether it may be used by buyers not listed in this notice.

BT-119

Dynamic Purchasing System Termination

Indicator

The dynamic purchasing system is terminated. No further contracts, besides those published in this notice, will be awarded in the dynamic purchasing system. This field can be used even if no contracts are awarded in the contract award notice.

BT-767

Electronic Auction

Indicator

An electronic auction is used.

BT-123

Electronic Auction URL

URL

The internet address of the electronic auction.

BT-122

Electronic Auction Description

Text

Any additional information about the electronic auction.

BG-100

Communication

General information about communication with the buyer(s). This information may differ per lot. In case of a prior information notice used only for information, this information may differ per part of the notice that may later become a lot or a self-standing procedure.

BT-632

Tool Name

Text

The name of the electronic tool or device used for electronic communication.

BT-724

Tool Atypical

Indicator

Electronic communication requires the use of tools and devices that are not generally available.

BT-124

Tool Atypical URL

URL

Electronic communication requires the use of tools and devices that are not generally available. The uniform resource locator (e.g. the web address) which gives unrestricted and full direct access to these tools and devices.

BT-127

Future Notice

Date

The estimated date of publication of a contract notice within this procedure.

BT-631

Dispatch Invitation Interest

Date

The estimated date of dispatch of the invitations to confirm interest.

BT-130

Dispatch Invitation Tender

Date

The estimated date of dispatch of the invitations to submit tenders in two (or more) stage procedures.

BT-99

Review Deadline Description

Text

The description of the time limits for review procedures.

BG-101

Procurement Documents

Information about the procurement documents. This information may differ per lot. In case of a prior information notice used only for information, this information may differ per part of the notice that may later become a lot or a self-standing procedure.

BT-15

Documents URL

URL

The internet address for accessing (the non-restricted part of) the procurement documents. For all notices except prior information notices, the address shall give access that is direct (i.e. the exact webpage with the documents, not a general website), unrestricted (e.g. no registration), full (i.e. the procurement documents are complete) and free of charge and the documents shall be available already at the time of the publication of the notice.

BT-708

Documents Official Language

Code

The language(s) in which the procurement documents are officially available. These linguistic versions are equally legally valid.

BT-737

Documents Unofficial Language

Code

The language(s) in which the procurement documents (or their parts) are unofficially available. These linguistic versions are not an official translation, they are provided only for information.

BT-14

Documents Restricted

Indicator

The access to certain procurement documents is restricted.

BT-707

Documents Restricted Justification

Code

The justification for restricting access to certain procurement documents.

BT-615

Documents Restricted URL

URL

The internet address with information on accessing the restricted (part of the) procurement documents.

BT-13

Additional Information Deadline

Date

The time limit for requesting additional information about the procurement procedure.

BG-102

Submission Terms

Information about submission terms of the tender, request to participate, or expression of interest. This information may differ per lot.

BT-17

Submission Electronic

Code

Whether economic operators are required, allowed, or not allowed to submit tenders, requests to participate, or expressions of interest electronically.

BT-19

Submission Non-electronic Justification

Code

The justification for electronic submission of tenders, requests to participate, or expressions of interest not being possible.

BT-745

Submission Non-electronic Description

Text

The description of how to submit tenders, requests to participate, or expressions of interest non-electronically.

BT-18

Submission URL

URL

The internet address for submission of tenders, requests to participate, or expressions of interest by electronic means. The address shall be as direct as possible (ideally a dedicated address for the electronic submission, not just a general website).

BT-97

Submission Language

Code

A language in which tenders, requests to participate, or expressions of interest may be submitted.

BT-764

Submission Electronic Catalogue

Code

Whether it is required, allowed or not allowed to submit (parts of) tenders as electronic catalogues.

BT-744

Submission Electronic Signature

Indicator

Advanced or qualified electronic signature or seal (as defined in European Parliament and Council Regulation (EU) No 910/2014) is required.

BT-63

Variants

Code

Whether tenderers are required, allowed, or not allowed to submit tenders which fulfil the buyer’s needs differently than as proposed in the procurement documents. Further conditions for submitting variant tenders are in the procurement documents.

BT-769

Multiple Tenders

Indicator

Tenderers may submit more than one tender (for a given lot).

BT-630

Deadline Receipt Expressions

Date

The time limit for receipt of expressions of interest.

BT-1311

Deadline Receipt Requests

Date

The time limit for receipt of requests to participate.

BT-131

Deadline Receipt Tenders

Date

The time limit for receipt of tenders.

BT-98

Tender Validity Deadline

Duration

The period, from the tender submission deadline, for which tenders must remain valid.

BT-751

Guarantee Required

Indicator

A guarantee is required.

BT-75

Guarantee Required Description

Text

The description of the financial guarantee required from the tenderer when submitting a tender. The guarantee can take the form of, for example, a payment to the buyer or a document from a bank. Typically, the guarantee would be forfeit when a tenderer has won the contract but then refused to sign it.

BT-651

Subcontracting Tender Indication

Code

The information about subcontracting that must be indicated in the tender.

BT-132

Public Opening Date

Date

The date and time for the public opening of tenders.

BT-133

Public Opening Place

Text

The place (e.g. physical address, URL) where the tenders will be publicly opened.

BT-134

Public Opening Description

Text

Further information about the public opening of tenders. (For example, who may participate in the opening and whether any authorisation is needed.)

BT-771

Late Tenderer Information

Code

Whether tenderer-related information can be supplemented even after the submission deadline.

BT-772

Late Tenderer Information Description

Text

Description of the tenderer-related information that can be supplemented even after the submission deadline.

BG-7

Notice Result

Information about all the results of the procurement procedure or, if they exist, individual lots announced in this notice.

BT-161

Notice Value

Value

The value of all contracts awarded in this notice, including options and renewals.

BT-118

Notice Framework Maximum Value

Value

The maximum value which can be spent within the framework agreement(s) announced in this notice over its/their whole duration, in all lots, including options and renewals, as calculated on the basis of the winner’s tender or winners’ tenders.

BT-1118

Notice Framework Approximate Value

Value

The approximate value to be spent within the framework agreement(s) announced in this notice over its/their whole duration, in all lots, including options and renewals, as calculated on the basis of the winner’s tender or winners’ tenders.

BG-556

Group Framework Maximum Value

Information about the maximum value which can be spent, in a framework agreement, within a group of lots. This information may be provided when the maximum value of a group of lots is lower than the sum of values of individual lots (e.g. when the same budget is shared for several lots). These are maximum values as calculated on the basis of the winner’s tender or winners’ tenders.

+++

BT-556

Group Framework Maximum Value Lot Identifier

Identifier

An identifier of a lot within the procedure that is part of a group of lots whose maximum value is lower than the sum of maximum values of individual lots (e.g. when the same budget is shared for several lots). These are maximum values as calculated on the basis of the winner’s tender or winners’ tenders.

+++

BT-156

Group Framework Re-calculated Maximum Value

Value

It is the re-calculated maximum value likely to be spent for a group of lots within the procedure. This information can be provided when the maximum value of a group of lots is lower than the sum of values of individual lots (e.g. when the same budget is shared for several lots). The value covers all contracts to be awarded within a framework agreement over its whole duration, including options and renewals. The value is re-calculated on the basis of the winner’s tender or winners’ tenders.

BG-5561

Group Framework Re-estimated Value

Information about the value likely to be spent, within a framework agreement, for a group of lots. This information can be provided when the value of a group of lots is lower than the sum of values of individual lots (e.g. when the same budget is shared for several lots). The re-estimated value is the value likely to be spent, as re-estimated on the basis of the winner’s tender or winners’ tenders.

+++

BT-5561

Group Framework Re-estimated Value Lot Identifier

Identifier

An identifier of one of several lots within this procedure. These lots form a group whose value likely to be spent is lower than the sum of values likely to be spent of individual lots (e.g. when the same budget is shared for several lots). The re-estimated value is the value likely to be spent, as re-estimated on the basis of the winner’s tender or winners’ tenders.

+++

BT-1561

Group Framework Re-estimated Value

Value

The value likely to be spent, within a framework agreement, for a group of lots. This information can be provided when the value likely to be spent for a group of lots is lower than the sum of values likely to be spent for individual lots (e.g. when the same budget is shared for several lots). The value covers all contracts to be awarded within a framework agreement over its whole duration, including options and renewals. The re-estimated value is the value likely to be spent, as re-estimated on the basis of the winner’s tender or winners’ tenders.

BG-137

Procedure Lot Result

Information about the result of the procurement procedure. This information differs per lot.

+++

BT-142

Winner Chosen

Code

Whether a winner was chosen.

+++

BT-144

Not Awarded Reason

Code

The reason for not choosing a winner.

+++

BT-709

Framework Re-calculated Maximum Value

Value

The maximum value which can be spent within a framework agreement over its whole duration, including options and renewals, as calculated on the basis of the winner’s tender or winners’ tenders.

+++

BT-660

Framework Re-estimated Value

Value

The value likely to be spent within a framework agreement over its whole duration, including options and renewals, as re-estimated on the basis of the winner’s tender or winners’ tenders.

+++

BG-712

Received Submissions

Information about the types of tenders or requests to participate received.

++++

BT-759

Received Submissions Count

Number

Number of tenders or requests to participate received. Tenders including variants or multiple tenders submitted (for one lot) by the same tenderer should be counted as one tender.

++++

BT-760

Received Submissions Type

Code

The type of tenders or requests to participate received. The total number of tenders received shall be given. When a notice does not fall under Directive 2009/81/EC and is not about social or other specific services, the number of tenders received from micro, small and medium enterprises; the number of tenders received from tenderers registered in other European Economic Area countries and the number of tenders received from tenderers registered in countries outside of the European Economic Area shall also be given. All tenders shall be counted, regardless of whether they are admissible or inadmissible. For tenders submitted by a group of tenderers (e.g. a consortium), the tender shall be counted in the relevant category (e.g. SME) if the majority of the work is expected to be done by tenderers which fall within this category (e.g. they are SMEs).

+++

BT-710

Tender Value Lowest

Value

Value of the admissible tender with the lowest value. A tender shall be considered admissible where it has been submitted by a tenderer, who has not been excluded and who meets the selection criteria, and when it is in conformity with the technical specifications without being irregular (e.g. received late, having an abnormally low price or cost) or unacceptable or unsuitable. Only tenders for which it has been verified if they are admissible or inadmissible may be taken into account.

+++

BT-711

Tender Value Highest

Value

Value of the admissible tender with the highest value. A tender shall be considered admissible where it has been submitted by a tenderer, who has not been excluded and who meets the selection criteria, and when it is in conformity with the technical specifications without being irregular (e.g. received late, having an abnormally low price or cost) or unacceptable or unsuitable. Only tenders for which it has been verified if they are admissible or inadmissible may be taken into account.

BG-320

Tender

Information about a tender. This information differs per lot. In cases such as design contests, some framework agreements, competitive dialogues and innovation partnerships, this information may also differ per organisation.

+++

BT-3201

Tender Identifier

Identifier

An identifier of a tender. The information in the tender section refers to this tender.

+++

BT-720

Tender Value

Value

The value of the tender or another result, including options and renewals. In case of the modification notice, the value of the modification.

+++

BT-1711

Tender Ranked

Indicator

The tender was ranked. (This is not the rank itself, but only whether the ranking took place).

+++

BT-171

Tender Rank

Number

The position of the tender (i.e. whether the tender ended up first, second, third, etc.) in a design contest, a framework agreement with multiple winners (e.g. cascades), an innovation partnership, a competitive dialogue, or another procedure.

+++

BT-162

Concession Revenue User

Value

The estimated revenue coming from the users of the concession (e.g. fees and fines).

+++

BT-160

Concession Revenue Buyer

Value

The estimated revenue coming from the buyer who granted the concession (e.g. prizes and payments).

+++

BT-163

Concession Value Description

Text

The description of the method used for calculating the estimated value of the concession and any other relevant information concerning the value of the concession.

+++

BT-193

Tender Variant

Indicator

The tender is a variant.

+++

BT-191

Country Origin

Code

A country of origin of the product or the service.

+++

BG-180

Subcontracting

Information regarding the parts of the contract that the contractor will subcontract to third parties.

++++

BT-773

Subcontracting

Code

Whether at least a part of the contract will be subcontracted.

++++

BT-730

Subcontracting Value Known

Indicator

The buyer knows at least the estimated value of the part of the contract that the contractor will subcontract to third parties.

++++

BT-553

Subcontracting Value

Value

The estimated value of the part of the contract that the contractor will subcontract to third parties.

++++

BT-731

Subcontracting Percentage Known

Indicator

The buyer knows at least the estimated percentage of the contract that the contractor will subcontract to third parties compared to the whole contract.

++++

BT-555

Subcontracting Percentage

Number

The estimated percentage of the contract that the contractor will subcontract to third parties compared to the whole contract.

++++

BT-554

Subcontracting Description

Text

The description of the part of the contract that the contractor will subcontract to third parties.

BG-310

Contract

Information about the contract between a buyer and a winner following a tender. In case of voluntary-ex ante transparency notices and design contest result notices, information about the decision of the evaluation committee or the jury, respectively. This information may differ per tender.

+++

BT-150

Contract Identifier

Identifier

An identifier of the contract or, in case of voluntary-ex ante transparency notices and design contest result notices, of the decision. The information in the contract section refers to this contract or decision.

+++

BT-3202

Contract Tender Identifier

Identifier

An identifier of the tender or another result that led to this contract.

+++

BT-721

Contract Title

Text

The name of the contract or, in case of voluntary-ex ante transparency notices and design contest result notices, of the decision.

+++

BT-1451

Winner Decision Date

Date

The date of the official decision choosing the winning tender.

+++

BT-145

Contract Conclusion Date

Date

The date when the contract was concluded. Typically, this is the date when the last contractual party signed the contract. However, if no contract is signed, then the date of contract conclusion may correspond to other dates (e.g. the date when the buyer notified the winning tenderer). The date of contract conclusion is always later than the end of the standstill period and the moment when any evidence submitted by the winner has been verified.

+++

BT-768

Contract Framework Agreement

Indicator

The contract is awarded within a framework agreement.

+++

BT-151

Contract URL

URL

The uniform resource locator (e.g. the web address) of the contract.

+++

BG-611

Contract EU Funds

Information about Union funds used to finance the contract. The most concrete information must be given (e.g. about concrete projects, not just operational programs.)

++++

BT-722

Contract EU Funds Programme

Code

The programme of the Union funds used to at least partially finance the contract.

++++

BT-5011

Contract EU Funds Financing Identifier

Identifier

++++

BT-6110

Contract EU Funds Details

Text

Further information about the Union programme or project used at least partially finance the procurement.

BG-713

Strategic Procurement

Information about strategic procurement. This information may differ per section of the notice.

BT-13721

Strategic Procurement Notice Section Identifier

Identifier

An identifier of one or more sections within this notice. The information in the strategic procurement section refers to this section or these sections.

BT-06

Strategic Procurement

Code

The procurement procedure aims at reducing the environmental impacts of the procurement, fulfilling social objectives and/or buying an innovative work, supply or service.

BT-777

Strategic Procurement Description

Text

Description of how the procurement procedure is aiming at reducing the environmental impacts of the procurement, fulfilling social objectives and/or buying an innovative work, supply or service.

BT-805

Green Procurement Criteria

Code

The procurement procedure includes the use of established green public procurement criteria (selection criteria, technical specifications, award criteria and contract performance clauses), at national, Union or other level, if applicable.

BT-774

Green Procurement

Code

A process to procure goods, services and works with reduced environmental impact throughout their life cycle.

BT-775

Social Procurement

Code

A social objective promoted by the works, supplies or services (e.g. fair working conditions).

BT-776

Procurement of Innovation

Code

An indication that innovative works, supplies or services are being bought.

BT-754

Accessibility

Code

The use of accessibility criteria for persons with disabilities in the technical specifications.

BT-755

Accessibility Justification

Text

The justification for not including accessibility criteria even though the procurement is intended for use by natural persons.

BT-717

Clean Vehicles Directive

Indicator

The procurement falls within the scope of the European Parliament and Council 2009/33/EC (Clean Vehicles Directive – CVD).

BG-714

CVD Information

Information about the contracts and vehicles in the scope of the CVD

BT-735

CVD Contract Type

Code

The CVD legal basis to establish which category of contract types (purchase, lease, rent, hired-purchase, public service contracts and service contracts according to table 1 CVD) applies.

+++

BG-7141

CVD Vehicles

Details about the vehicles in the scope of the CVD

++++

BT-723

Vehicle Category

Code

The category of vehicle falling within the scope of Directive 2009/33/EC, including: Light-duty vehicles (M1, M2, N1); Bus (M3); Truck (N2, N3); M1; M2; N1; N2; N3.

++++

BT-715

Vehicles

Number

The number of all vehicles (regardless of whether clean or not) falling within the scope of Directive 2009/33/EC. These vehicles have either been purchased, leased, rented, hired-purchased or their use has been contractually committed to for the provision of a purchased service falling within the scope of the Directive 2009/33/EC.

++++

BT-725

Zero Emission Vehicles

Number

The number of zero-emission heavy-duty vehicles as defined by and falling within the scope of Directive 2009/33/EC. These vehicles have either been purchased, leased, rented, hired-purchased or their use has been contractually committed to for the provision of a purchased service falling within the scope of Directive 2009/33/EC.

++++

BT-716

Clean Vehicles

Number

The number of clean vehicles as defined by and falling within the scope of Directive 2009/33/EC. These vehicles have either been purchased, leased, rented, hired-purchased, or their use has been contractually committed to for the provision of a purchased service falling within the scope of Directive 2009/33/EC.

BG-612

Buyer Review Summary

Summary information about the requests the buyer received to review any of its decisions (e.g. the technical specifications, award decision), as set out in Council Directive 89/665/EEC and Council Directive 92/13/EEC, and about the complainants that submitted the requests. This information may differ per lot.

BT-712

Buyer Review Complainants

Number

The number of organisations that requested the buyer to review any of its decisions (e.g. the technical specifications, award decision).

BG-613

Buyer Review Requests

Information about the number and type of requests the buyer received to review any of its decisions (e.g. the technical specifications, award decision).

+++

BT-635

Buyer Review Requests Count

Number

The number of requests the buyer received to review any of its decisions.

+++

BT-636

Buyer Review Requests Irregularity Type

Code

The type of irregularity alleged in the review requests.

BG-710

Additional Information

Additional information, which may differ per lot. In case of a prior information notice used only for information, this information may differ per part of the notice that may later become a lot or a self-standing procedure.

BT-726

Suitable For SMEs

Indicator

The buyer emphasizes that this procurement is also suitable for small and medium enterprises (SMEs).

BT-115

GPA Coverage

Indicator

The procurement is covered by the Government Procurement Agreement (GPA).

BT-634

Procurement Relaunch

Indicator

This cancelled or unsuccessful procedure or lot will be relaunched.

BT-756

PIN Competition Termination

Indicator

The prior information notice used as a call for competition (or a specific lot) is terminated. No further contracts, besides those published in this notice, will be awarded following this prior information notice used as a call for competition. This field can be used even if no contracts are awarded in the contract award notice.

BT-300

Additional Information

Text

Any further information not mentioned in other sections of the notice.

BG-8

Not Immediately Published

Information about fields not intended for immediate publication. This information may differ per field.

BT-195

Unpublished Identifier

Identifier

Identifier of the field that shall not be immediately published. Only fields concerning the Result value and groups of fields concerning the Tender and Procedure Lot Result can be unpublished. In the case of the European Parliament and Council Directive 2014/25/EU, the award criteria, the procurement procedure, certain dates and in certain cases information about the nature and quantity of a service can be unpublished as well.

BT-197

Unpublished Justification Code

Code

The justification for not immediately publishing a field.

BT-196

Unpublished Justification Description

Text

The justification for not immediately publishing a field and for the choice of a later date at which it can be published.

BT-198

Unpublished Access Date

Date

The later date at which the originally unpublished field shall be published.

BG-77

Modification

Information about modifications of the contract (e.g. additional works, services or supplies). This information may differ per section of the previous notice.

BT-1501

Modification Previous Notice Section Identifier

Identifier

An identifier of one or more sections within a previous notice within the procedure. The information in the modification section refers to this section or these sections.

BT-202

Modification Description

Text

The summary of the contract modification(s).

BT-200

Modification Reason Code

Code

The main reason for modifying the contract.

BT-201

Modification Reason Description

Text

The description of the main reason for modifying the contract.

M’

BG-9

Change

Information about changes to the notice. This information may differ per section of the previous notice.

BT-13716

Change Previous Notice Section Identifier

Identifier

An identifier of one or more sections within the changed notice. The information in the change section refers to this section or these sections.

BT-758

Change Notice Version Identifier

Identifier

The reference to the version of the previous notice that should be changed. This helps, for example, to keep track of versions of notices or changes to notices before publication.

BT-141

Change Description

Text

The description of changes in the notice compared to the original notice.

BT-718

Change Procurement Documents

Indicator

The procurement documents have changed.

BT-719

Change Procurement Documents Date

Date

The date and time when the procurement documents have changed.

BT-140

Change Reason Code

Code

The main reason for the change in the notice compared to the original notice.

BT-762

Change Reason Description

Text

The description of the main reason for the change in the notice compared to the original notice.

25.11.2022

Official Journal of the European Union

L 305/51

COMMISSION IMPLEMENTING REGULATION (EU) 2022/2304

of 24 November 2022

designating the European Union reference laboratory for Rift Valley fever

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (1), and in particular Article 93(1) thereof,

Whereas:

(1)	Commission Delegated Regulation (EU) 2021/2156 (2) established the European Union reference laboratory for Rift Valley fever.

(2)

Following the establishment of the European Union reference laboratory for Rift Valley fever, and in accordance with Article 93(2), point (a), of Regulation (EU) 2017/625, the Commission followed a public selection process for the designation of the European Union reference laboratory for Rift Valley fever.

(3)

An evaluation and selection committee was appointed for the public selection process for the designation of the European Union reference laboratory for Rift Valley fever. That evaluation and selection committee concluded that the Italian laboratory Istituto Zooprofilattico Sperimentale dell’Abruzzo e del Molise ‘G. Caporale’ complies with the requirements set out in Article 93(3) of Regulation (EU) 2017/625 and is capable of performing the tasks set out in Article 94 of that Regulation.

(4)

The Italian laboratory Istituto Zooprofilattico Sperimentale dell’Abruzzo e del Molise ‘G. Caporale’ should therefore be designated as the European Union reference laboratory for Rift Valley fever. Its work programme should be in conformity with the objectives and priorities of the relevant work programmes adopted by the Commission in accordance with Regulation (EU) 2021/690 of the European Parliament and of the Council (3).

(5)

In order to ensure that the appropriate level of methods of analysis, test or diagnosis, and the development of validated methods and the coordinated assistance of the official laboratory is maintained, and in accordance with point (b) of Article 93(2) of Regulation (EU) 2017/625, the designation as European Union reference laboratory should be reviewed regularly.

(6)	This Regulation should be applicable from 1 January 2023, the date when the European Union reference laboratory for Rift Valley fever should commence its activities.

HAS ADOPTED THIS REGULATION:

Article 1

The following laboratory is designated as the European Union reference laboratory for Rift Valley fever:

Istituto Zooprofilattico Sperimentale dell’Abruzzo e del Molise ‘G. Caporale’, Via Campo Boario, 64100 Teramo (TE), Italy.

Article 2

The designation in Article 1 shall be reviewed regularly.

Article 3

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

It shall apply from 1 January 2023.

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

Done at Brussels, 24 November 2022.

For the Commission

The President

Ursula VON DER LEYEN

(1) OJ L 95, 7.4.2017, p. 1.

(2) Commission Delegated Regulation (EU) 2021/2156 of 17 September 2021 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by establishing the European Union reference laboratory for Rift Valley fever (OJ L 436, 7.12.2021, p. 26).

(3) Regulation (EU) 2021/690 of the European Parliament and of the Council of 28 April 2021 establishing a programme for the internal market, competitiveness of enterprises, including small and medium-sized enterprises, the area of plants, animals, food and feed, and European statistics (Single Market Programme) and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014 and (EU) No 652/2014 (OJ L 153, 3.5.2021, p. 1).

25.11.2022

Official Journal of the European Union

L 305/53

COMMISSION IMPLEMENTING REGULATION (EU) 2022/2305

of 24 November 2022

renewing the approval of the low-risk active substance Fish oil in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1107/2009, of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1) and in particular Article 20(1) in conjunction with Article 22(1) thereof,

Whereas:

(1)	Commission Directive 2008/127/EC (2) included Fish oil as an active substance in Annex I to Council Directive 91/414/EEC (3).

(2)	Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (4).

(3)	The approval of the active substance Fish oil, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 31 August 2023.

(4)	An application for the renewal of the approval of the active substance Fish oil was submitted to the Czech Republic, the rapporteur Member State, in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012 (5) and within the time period provided for in that Article.

(5)	The applicant submitted the supplementary dossiers required in accordance with Article 6 of Implementing Regulation (EU) No 844/2012. The application was found to be admissible by the rapporteur Member State.

(6)

The Czech Republic prepared a draft renewal assessment report in consultation with France, the co-rapporteur Member State, and submitted it to the European Food Safety Authority (‘the Authority’) and the Commission on 10 September 2020. In its draft renewal assessment report the Czech Republic proposed to renew the approval of Fish oil as a low-risk substance.

(7)

The Authority made the supplementary summary dossier available to the public. The Authority also circulated the draft renewal assessment report to the applicant and to the Member States for comments and launched a public consultation on it. The Authority forwarded the comments received to the Commission. On 16 December 2021, the Authority communicated to the Commission its conclusion (6) which indicated that Fish oil can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Commission presented a renewal report and a draft of this Regulation regarding Fish oil to the Standing Committee on Plants, Animals, Food and Feed on 30 March 2022 and on 17 May 2022, respectively.

(8)

The Commission invited the applicant to submit its comments on the conclusion of the Authority and, in accordance with the third paragraph of Article 14(1) of Implementing Regulation (EU) No 844/2012, on the renewal report. The applicant submitted its comments, which have been carefully examined and taken into consideration where appropriate.

(9)	It has been established with respect to one or more representative uses of at least one plant protection product containing the active substance Fish oil that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied.

(10)	The Commission further considers that Fish oil is a low-risk active substance pursuant to Article 22 of Regulation (EC) No 1107/2009. Fish oil is not a substance of concern and fulfils the conditions set in point 5 of Annex II to Regulation (EC) No 1107/2009.

(11)	It is therefore appropriate to renew the approval of Fish oil as a low-risk substance.

(12)

In accordance with Article 14(1) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to set a minimum purity of the active substance as manfactured in order to underpin the safety of the active substance to be used in plant protection products.

(13)	Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

(14)

Commission Implementing Regulation (EU) 2022/708 (7) extended the approval period of Fish oil to 31 August 2023 in order to allow the renewal process to be completed before the expiry of the approval period of that active substance. However, given that a decision on renewal has been taken ahead of that extended expiry date, this Regulation shall apply as soon as possible.

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

HAS ADOPTED THIS REGULATION:

Article 1

Renewal of the approval of the active substance

The approval of the active substance Fish oil, as specified in Annex I to this Regulation, is renewed subject to the conditions laid down in that Annex.

Article 2

Amendments to Implementing Regulation (EU) No 540/2011

The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

Article 3

Entry into force and date of application

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

It shall apply from 1 March 2023.

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

Done at Brussels, 24 November 2022.

For the Commission

The President

Ursula VON DER LEYEN

(1) OJ L 309, 24.11.2009, p. 1.

(2) Commission Directive 2008/127/EC of 18 December 2008 amending Council Directive 91/414/EEC to include several active substances (OJ L 344, 20.12.2008, p. 89).

(3) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

(4) Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

(5) Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26). This Regulation was replaced by Regulation (EU) 2020/1740, however, it shall continue to apply to the procedure for the renewal of the approval of active substances: (1) whose approval period ends before 27 March 2024; (2) for which a Regulation, adopted in accordance with Article 17 of Regulation (EC) No 1107/2009 on or after 27 March 2021, extends the approval period to 27 March 2024 or a later date.

(6) EFSA Journal 2022;20(1):10600, 39 pp. doi:10.2903/j.efsa.2022.10600 Available online: www.efsa.europa.eu

(7) Commission Implementing Regulation (EU) 2022/708 of 5 May 2022 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 2,5-dichlorobenzoic acid methylester, acetic acid, aclonifen, aluminium ammonium sulphate, aluminium phosphide, aluminium silicate, beflubutamid, benthiavalicarb, boscalid, calcium carbide, captan, cymoxanil, dimethomorph, dodemorph, ethephon, ethylene, extract from tea tree, fat distilation residues, fatty acids C7 to C20, fluoxastrobin, flurochloridone, folpet, formetanate, gibberellic acid, gibberellins, hydrolysed proteins, iron sulphate, magnesium phosphide, metam, metamitron, metazachlor, metribuzin, milbemectin, phenmedipham, pirimiphos-methyl, plant oils/clove oil, plant oils/rape seed oil, plant oils/spear mint oil, propamocarb, proquinazid, prothioconazole, pyrethrins, quartz sand, fish oil, repellents by smell of animal or plant origin/sheep fat, S-metolachlor, Straight Chain Lepidopteran Pheromones, sulcotrione, tebuconazole and urea (OJ L 133, 10.5.2022, p. 1).

ANNEX I

Common Name,

Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

Fish oil

CAS No: 8016-13-5

CIPAC No: 918

Not applicable

Minimum purity of the active substance as manufactured: Fish oil 100 %.

Identity of relevant impurities (of toxicological, ecotoxicological and/or environmental concern) in the active substance as manufactured:

Maximum levels according to Commission Directive 2002/32/EC (2) for the following impurities, proportionate to a fish oil with a moisture content of 12 %:

5 ng/kg of sum of polychlorinated dibenzo-paradioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs) (3)

20 ng/kg of sum of polychlorinated dibenzo-paradioxins (PCDDs), polychlorinated dibenzofurans (PCDFs) and dioxin like polychlorinated biphenyls (PCBs) (4)

0,5 mg/kg of mercury

2 mg/kg of cadmium

10 mg/kg of lead

175 μg/kg of non-dioxin-like PCBs

1 March 2023

28 February 2038

For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the renewal report on fish oil, and in particular Appendices I and II thereof, shall be taken into account.

Conditions of use shall include risk mitigation measures, where appropriate.

(1) Further details on the identity and the specification of the active substance are provided in the renewal report.

(2) Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (OJ L 140, 30.5.2002, p. 10).

(3) Expressed in World Health Organisation (WHO) toxic equivalents.

(4) Expressed in World Health Organisation (WHO) toxic equivalents.

ANNEX II

The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

(1)	in Part A, entry 248 on fish oil is deleted;

(2)

in Part D, the following entry is added:

No.

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

‘41

Fish oil

CAS No: 8016-13-5

CIPAC No: 918

Not applicable

Minimum purity of the active substance as manufactured: Fish oil 100 %

Identity of relevant impurities (of toxicological, ecotoxicological and/or environmental concern) in the active substance as manufactured:

Maximum levels according to Commission Directive 2002/32/EC (2) for the following impurities, proportionate to a fish oil with a moisture content of 12 %:

5 ng/kg of sum of polychlorinated dibenzo-paradioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs) (3)

20 ng/kg of sum of polychlorinated dibenzo-paradioxins (PCDDs), polychlorinated dibenzofurans (PCDFs) and dioxin like polychlorinated biphenyls (PCBs) (4)

0,5 mg/kg of mercury

2 mg/kg of cadmium

10 mg/kg of lead

175 μg/kg of non-dioxin-like PCBs

1 March 2023

28 February 2038

Conditions of use shall include risk mitigation measures, where appropriate.

(1) Further details on the identity and the specification of the active substance are provided in the renewal report.

(2) Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (OJ L 140, 30.5.2002, p. 10).

(3) Expressed in World Health Organisation (WHO) toxic equivalents.

(4) Expressed in World Health Organisation (WHO) toxic equivalents.’

25.11.2022

Official Journal of the European Union

L 305/58

COMMISSION IMPLEMENTING DECISION (EU) 2022/2306

of 23 November 2022

granting derogations to certain Member States with respect to the transmission of statistics pursuant to Regulation (EC) No 1338/2008 of the European Parliament and of the Council, as regards statistics on healthcare facilities, healthcare human resources and healthcare utilisation

(notified under document C(2022) 8341)

(Only the Czech, Dutch, English, French, German, Greek, Irish, Portuguese, Romanian, Spanish and Swedish texts are authentic)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1338/2008 of the European Parliament and of the Council of 16 December 2008 on Community statistics on public health and health and safety at work (1), and in particular Article 9(2) thereof,

Having regard to the requests made by the Kingdom of Belgium, the Czech Republic, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Cyprus, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, Romania and the Kingdom of Sweden,

Whereas:

(1)	In accordance with Article 9(2) of Regulation (EC) No 1338/2008, if necessary, derogations and transition periods may be adopted for Member States, provided they are based upon objective grounds.

(2)	The information Member States provided to the Commission indicates that the requests for derogations are due to the need for major adaptations to national administrative and statistical systems in order to comply in full with Regulation (EC) No 1338/2008.

(3)

Such derogations should be therefore granted, at their request, to the Kingdom of Belgium, the Czech Republic, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Cyprus, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, Romania and the Kingdom of Sweden.

(4)	The measures provided for in this Decision are in accordance with the opinion of the European Statistical System Committee, established by Article 7 of Regulation (EC) No 223/2009 of the European Parliament and of the Council (2),

HAS ADOPTED THIS DECISION:

Article 1

Derogations as set out in the Annex are granted to the Member States listed therein.

Article 2

This Decision is addressed to the Kingdom of Belgium, the Czech Republic, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Cyprus, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, Romania and the Kingdom of Sweden.

Done at Brussels, 23 November 2022.

For the Commission

Paolo GENTILONI

Member of the Commission

(1) OJ L 354, 31.12.2008, p. 70.

(2) Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).

ANNEX

Derogations from Regulation (EC) No 1338/2008, as implemented by the Commission, concerning healthcare facilities, healthcare human resources and healthcare utilisation

For the purpose of the data collection, the following derogations shall be granted:

Czechia, Ireland, Spain, Cyprus, Luxembourg, the Netherlands, Austria, Portugal and Romania shall not be required to deliver the variables, or, where indicated, the breakdown(s) of variables, specified in Table 1 for the reference years specified therein. Where full coverage is not required, the deviations from full coverage shall be explained in the reference metadata.

Table 1

Member State

Variable/breakdown

Reference year(s) covered by derogation

Czechia

The country of residence of discharged non-residents for the following variables:

6.1	Number of hospital inpatient discharges

6.2	Number of hospital inpatient bed-days

6.3	Number of hospital day case discharges

2023-2024

Czechia

7.10	Partial excision of mammary gland

7.11	Total mastectomy

2023-2024

Ireland

Full coverage of the following variables (partial coverage is required):

6.1	Number of hospital inpatient discharges

6.2	Number of hospital inpatient bed-days

6.3	Number of hospital day case discharges

2023-2024

Spain

The age groups ‘65-74’ and ‘75 and older’ for the variable:

1.1	Number of practising physicians by age and sex

2021-2023

Cyprus

Full coverage of all variables in Annex II (partial coverage is required)

2021-2022

Luxembourg

Variables 1.1-1.6 under Data on Health Employment

2023

The Netherlands

Full coverage of the variables under point 6. Data on Hospital Care (partial coverage is required)

2023

Austria

5.1	Immunisation rate for people aged 65 and older against influenza

2021-2022

Portugal

1.1	Number of practising physicians by age and sex

1.2	Number of practising physicians by category

1.3	Number of practising midwives

1.4	Number of practising nurses

1.5	Number of practising dentists

2023-2025

Portugal

2.4	Number of midwifery graduates

3.1	Number of hospital beds for somatic care; function ‘Long-term care’

3.3	Number of beds in residential long-term care facilities

Variables under point 4. Data on Devices for Medical Imaging.

5.2	Rate of women aged between 50 and 69 screened against breast cancer within a national breast cancer screening (mammography) programme

5.3	Rate of women aged between 20 and 69 screened against cervical cancer within a national cervical cancer screening programme

2021-2023

Portugal

The NUTS2 region of the residence of the discharged patient for the variables:

6.1	Number of hospital inpatient discharges

6.2	Number of hospital inpatient bed-days

6.3	Number of hospital day case discharges

2023-2025

Portugal

Full coverage of the following variables (partial coverage is required):

7.1	Cataract surgery

7.2	Tonsillectomy

7.3	Transluminal coronary angioplasty

7.4	Coronary artery bypass graft

7.5	Cholecystectomy

7.6	Repair of inguinal hernia

7.8	Hip replacement

7.9	Total knee replacement

7.10	Partial excision of mammary gland

7.11	Total mastectomy

2023-2025

Romania

1.3	Number of practising midwives

2021

Belgium, Greece, Spain, France, Luxembourg and Sweden shall be granted derogations concerning the deadline for delivery of data for the variables in Table 2 and for the reference metadata where specified.

Table 2

Member State

Variable

New deadline

Reference year(s) covered by derogation

Belgium

5.2	Rate of women aged between 50 and 69 screened against breast cancer within a national breast cancer screening (mammography) programme

5.3	Rate of women aged between 20 and 69 screened against cervical cancer within a national cervical cancer screening programme

T+26 months

2021-2024

Greece

Variables under point 1. Data on Health Employment

T+20 months

2023

Spain

Variables under point 1. Data on Health Employment and reference metadata

T+16 months

2023

Spain

Variables under points 2-5 of Annex II, and reference metadata

T+16 months

2021-2023

France

2.1	Number of medical graduates

2.2	Number of dentistry graduates

2.3	Number of pharmacy graduates

T+21 months

2021-2023

Luxembourg

Variables under points 6. Data on Hospital care and 7. Data on Surgical procedures

T+38 months

2023

Luxembourg

Variables under points 6. Data on Hospital care and 7. Data on Surgical procedures

T+26 months

2024

Sweden

Variables under point 1. Data on Health Employment

T+21 months

2023-2024

25.11.2022

Official Journal of the European Union

L 305/63

COMMISSION IMPLEMENTING DECISION (EU) 2022/2307

of 23 November 2022

amending Implementing Decision (EU) 2022/179 as regards designating and making available the 5 150-5 250 MHz, 5 250-5 350 MHz and 5 470-5 725 MHz frequency bands in accordance with the technical conditions set out in the Annex

(notified under document C(2022) 8313)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (1), and in particular Article 4(3) thereof,

Whereas:

(1)

Commission Implementing Decision (EU) 2022/179 (2) harmonised the use of radio spectrum in the 5 GHz band (5 150-5 350 MHz and 5 470-5 725 MHz) for wireless access systems including radio local area networks. The technical basis for this Decision was Report 79 of the European Conference of Postal and Telecommunications Administrations’ (‘CEPT’).

(2)

In February 2022, the European automotive industry asked the Commission to confirm its interpretation of certain provisions of Implementing Decision (EU) 2022/179 with regard to WAS/RLAN use cases in the 5 GHz frequency band in road vehicles. By letter of 29 March 2022, the Commission mandated the CEPT to study the 5 GHz WAS/RLAN use cases in road vehicles identified by the automotive industry in the context of Implementing Decision (EU) 2022/179.

(3)

In accordance with that mandate letter, CEPT provided on 29 June 2022 a response complementing Report 79 by proposing changes in the technical conditions for the 5 470-5 725 MHz band in order to enable limited usage of WAS/RLAN devices in road vehicles, namely when such devices are operating in slave mode and are controlled by a fixed device operating in master mode and detecting radar signals by Dynamic Frequency Selection (DFS) mitigation technique. In the light of that response, the Commission takes the view that the operation of installed WAS/RLAN devices in slave mode should be allowed in road vehicles provided that they only transmit when they are under the control of a fixed WAS/RLAN device with DFS functionality operating in master mode.

(4)

No change was proposed by CEPT in its response as regards the technical conditions for WAS/RLANs in the 5 250-5 350 MHz band. According to CEPT, the operation of WAS/RLAN installations in road vehicles should not be allowed in that band, as there is no practical means in force to ensure that road vehicles are effectively located indoors and that the operation of WAS/RLAN installations in road vehicles is, as a consequence, limited to indoor use. The use of the 5 250-5 350 MHz band should therefore remain ‘indoor only’ so as to avoid the risk of harmful interference to incumbent services in this band. Specialised vehicles intended to operate indoor only are not considered road vehicles.

(5)	The 5 150-5 250 MHz band is already available for indoor use by WAS/RLAN devices including the operation of WAS/RLAN installations inside road vehicles on the basis of Implementing Decision (EU) 2022/179.

(6)	The elements contained in the response of CEPT to the Commission mandate letter can be used as a basis for this Decision.

(7)	This Decision should build upon and develop the principles and provisions set out in Implementing Decision (EU) 2022/179.

(8)	The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,

HAS ADOPTED THIS DECISION:

Article 1

Implementing Decision (EU) 2022/179 is amended as follows:

(1)

Article 3 is replaced by the following:

‘Article 3

By 30 June 2023, Member States shall designate and make available the 5 150-5 250 MHz, 5 250-5 350 MHz and 5 470-5 725 MHz frequency bands, on a non-exclusive basis, for the implementation of WAS/RLANs in accordance with the technical conditions set out in the Annex.’;

(2)	the Annex is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 23 November 2022.

For the Commission

Thierry BRETON

Member of the Commission

(1) OJ L 108, 24.4.2002, p. 1.

(2) Commission Implementing Decision (EU) 2022/179 of 8 February 2022 on the harmonised use of radio spectrum in the 5 GHz frequency band for the implementation of wireless access systems including radio local area networks and repealing Decision 2005/513/EC (OJ L 29, 10.2.2022, p. 10).

ANNEX

‘ANNEX

Harmonised technical conditions for WAS/RLANs in the 5 150-5 250 MHz, 5 250-5 350 MHz and 5 470-5 725 MHz frequency bands

Table 1

WAS/RLANs in the 5 150 -5 250 MHz frequency band

Parameter

Technical conditions

Frequency band

5 150 -5 250 MHz

Permissible operation

Indoor use, including installations inside road vehicles, trains and aircraft, and limited outdoor use (note 1).

Use by unmanned aircraft systems (“UAS”) is limited to within the 5 170 -5 250 MHz band.

Maximum mean equivalent isotropically radiated power (e.i.r.p.) for in-band emissions

200 mW

Exceptions:

—	40 mW maximum mean e.i.r.p. applies for installations inside train carriages with an attenuation loss on average of less than 12 dB;

—	40 mW maximum mean e.i.r.p. applies for installations inside road vehicles.

Maximum mean e.i.r.p. density for in-band emissions

10 mW/MHz in any 1 MHz band

Note 1:

If used outdoors, equipment shall not be attached to a fixed outdoor antenna, fixed infrastructure or to the external body of road vehicles.

Techniques to access spectrum and mitigate interference that provide an appropriate level of performance to comply with the essential requirements of Directive 2014/53/EU of the European Parliament and of the Council (1) shall be used. Where relevant techniques are described in harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union in accordance with Directive 2014/53/EU, performance at least equivalent to the performance level associated with those techniques shall be ensured.

Table 2

WAS/RLANs in the 5 250 -5 350 MHz frequency band

Parameter

Technical conditions

Frequency band

5 250 -5 350 MHz

Permissible operation

Indoor use: inside buildings only.

Installations in road vehicles, trains and aircraft are not permitted (note 2).

Outdoor use is not permitted.

Maximum mean e.i.r.p. for in-band emissions

200 mW

Maximum mean e.i.r.p. density for in-band emissions

10 mW/MHz in any 1 MHz band

Mitigations techniques to be used

Transmitter power control (TPC) and dynamic frequency selection (DFS).

Alternative mitigation techniques may be used if they ensure at least an equivalent performance and level of spectrum protection in order to comply with the corresponding essential requirements of Directive 2014/53/EU and if they respect the technical requirements of this Decision.

Transmitter power control (TPC)

TPC shall provide, on average, a mitigation factor of at least 3 dB on the maximum permitted output power of the systems; or, if transmitter power control is not in use, the maximum permitted mean e.i.r.p. and corresponding mean e.i.r.p. density limit shall be reduced by 3 dB.

Dynamic frequency selection (DFS)

DFS is described in Recommendation ITU-R M. 1652-1 (3) to ensure compatible operation with radiodetermination systems.

The DFS mechanism shall ensure that the probability of selecting a given channel is the same for all available channels within the 5 250 -5 350 MHz and 5 470 -5 725 MHz bands. The DFS mechanism shall also ensure, on average, a near-uniform spread of the loading of the spectrum.

WAS/RLANs shall implement a dynamic frequency selection providing a mitigation against interference to radar at least as efficient as DFS as described in ETSI Standard EN 301 893 V2.1.1. Settings (hardware and/or software) of WAS/RLANs related to DFS shall not be accessible to the user if changing those settings results in the WAS/RLANs no longer being compliant with the DFS requirements. This includes (a) not allowing the user to change the country of operation and/or the operating frequency band if that results in the equipment no longer being compliant with the DFS requirements and (b) not accepting software and/or firmware which results in the equipment no longer being compliant with the DFS requirements.

Note 2:

Operation of WAS/RLANs installations in large aircraft () (excluding multi-engined helicopters) is permitted until 31 December 2028 with a maximum mean e.i.r.p. for in-band emissions of 100 mW.

Techniques to access spectrum and mitigate interference that provide an appropriate level of performance to comply with the essential requirements of Directive 2014/53/EU shall be used. Where relevant techniques are described in harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union in accordance with Directive 2014/53/EU, performance at least equivalent to the performance level associated with those techniques shall be ensured.

Table 3

WAS/RLANs in the 5 470 -5 725 MHz frequency band

Parameter

Technical conditions

Frequency band

5 470 -5 725 MHz

Permissible operation

Indoor and outdoor use.

Installations in road vehicles are permitted only for WAS/RLANs devices operating in slave (4) mode controlled by a fixed WAS/RLANs device with Dynamic Frequency Selection (DFS) functionality operating in master mode. Installations in trains and aircraft and use for UAS are not permitted (note 3).

Maximum mean e.i.r.p. for in-band emissions

1 W

Exceptions:

—	200 mW maximum mean e.i.r.p. applies for installations in road vehicles.

Maximum mean e.i.r.p. density for in-band emissions

50 mW/MHz in any 1 MHz band

Mitigations techniques to be used

Transmitter power control (TPC) and dynamic frequency selection (DFS).

Transmitter power control (TPC)

TPC shall provide, on average, a mitigation factor of at least 3 dB on the maximum permitted output power of the systems; or, if transmitter power control is not in use, the maximum permitted mean e.i.r.p. and the corresponding mean e.i.r.p. density limit shall be reduced by 3 dB.

Dynamic frequency selection (DFS)

DFS is described in Recommendation ITU-R M. 1652-1 to ensure compatible operation with radiodetermination systems.

WAS/RLANs shall implement a dynamic frequency selection providing a mitigation against interference to radar at least as efficient as DFS described in ETSI Standard EN 301 893 V2.1.1. Settings (hardware and/or software) of WAS/RLANs related to DFS shall not be accessible to the user if changing those settings results in the WAS/RLANs no longer being compliant with the DFS requirements. This includes (a) not allowing the user to change the country of operation and/or the operating frequency band if that results in the equipment no longer being compliant with the DFS requirements and (b) not accepting software and/or firmware which results in the equipment no longer being compliant with the DFS requirements.

Note 3:

Operation of WAS/RLANs installations in large aircraft (excluding multi-engined helicopters), except in the frequency band 5 600 – 5 650 MHz, is permitted until 31 December 2028 with a maximum mean e.i.r.p. for in-band emissions of 100 mW.

’

(1) Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).

(2) In line with the Commission Regulation (EU) No 1321/2014, a large aircraft means an aircraft, classified as an aeroplane with a maximum take-off mass of more than 5 700 kg, or a multi-engined helicopter. Multi-engined helicopters are excluded, however, from the scope of notes 2 and 3.

(3) Recommendation ITU-R M. 1652-1, "Dynamic frequency selection in wireless access systems including radio local area networks for the purpose of protecting the radiodetermination service in the 5 GHz band".

(4) Slave and master modes are defined in EN 301 893 V2.1.1.

		ISSN 1977-0677
Official Journal of the European Union		L 305

English edition	Legislation	Volume 65 25 November 2022

Contents		II Non-legislative acts	page
		REGULATIONS
	*	Commission Delegated Regulation (EU) 2022/2300 of 30 August 2022 supplementing Regulation (EU) 2021/847 of the European Parliament and of the Council with provisions on the establishment of a monitoring and evaluation framework for the Fiscalis programme for cooperation in the field of taxation	1
	*	Commission Implementing Regulation (EU) 2022/2301 of 23 November 2022 setting the filling trajectory with intermediary targets for 2023 for each Member State with underground gas storage facilities on its territory and directly interconnected to its market area ( 1 )	5
	*	Commission Implementing Regulation (EU) 2022/2302 of 23 November 2022 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin	9
	*	Commission Implementing Regulation (EU) 2022/2303 of 24 November 2022 amending Implementing Regulation (EU) 2019/1780 establishing standard forms for the publication of notices in the field of public procurement ( 1 )	12
	*	Commission Implementing Regulation (EU) 2022/2304 of 24 November 2022 designating the European Union reference laboratory for Rift Valley fever ( 1 )	51
	*	Commission Implementing Regulation (EU) 2022/2305 of 24 November 2022 renewing the approval of the low-risk active substance Fish oil in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 ( 1 )	53
		DECISIONS
	*	Commission Implementing Decision (EU) 2022/2306 of 23 November 2022 granting derogations to certain Member States with respect to the transmission of statistics pursuant to Regulation (EC) No 1338/2008 of the European Parliament and of the Council, as regards statistics on healthcare facilities, healthcare human resources and healthcare utilisation (notified under document C(2022) 8341) ( 1 )	58
	*	Commission Implementing Decision (EU) 2022/2307 of 23 November 2022 amending Implementing Decision (EU) 2022/179 as regards designating and making available the 5150-5250 MHz, 5250-5350 MHz and 5470-5725 MHz frequency bands in accordance with the technical conditions set out in the Annex (notified under document C(2022) 8313) ( 1 )	63