title: Directive (EU) 2021/1187 of the European Parliament and of the Council of 7 July 2021 on streamlining measures for advancing the realisation of the trans-European transport network (TEN-T)

text:
                  20.7.2021

                  EN

                  Official Journal of the European Union

                  L 258/1

         DIRECTIVE (EU) 2021/1187 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         of 7 July 2021
         on streamlining measures for advancing the realisation of the trans-European transport network (TEN-T)
         THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172 thereof,
         Having regard to the proposal from the European Commission,
         After transmission of the draft legislative act to the national parliaments,
         Having regard to the opinion of the European Economic and Social Committee (1),
         Having regard to the opinion of the Committee of the Regions (2),
         Acting in accordance with the ordinary legislative procedure (3),
         Whereas:

                     (1)

                     Regulation (EU) No 1315/2013 of the European Parliament and of the Council (4) sets out a common framework for the creation of state-of-the-art, interoperable networks in the Union, at the service of its citizens, with the objective of strengthening the social, economic and territorial cohesion of the Union and contributing to the creation of a single European transport and mobility area, thereby strengthening the internal market. The trans-European transport network (TEN-T) comprises a dual-layer structure, consisting of a comprehensive network and a core network. The comprehensive network ensures connectivity of all regions of the Union, whereas the core network consists of those elements of the comprehensive network which are of the highest strategic importance for the Union. Regulation (EU) No 1315/2013 sets binding completion targets, with the core network to be completed by 2030 and the comprehensive network by 2050, in particular by prioritising cross-border connections, by improving interoperability, and by contributing to the multimodal integration of Union transport infrastructure.

                     (2)

                     Notwithstanding the need to complete the TEN-T and the binding timelines for doing so, experience has shown that many investments aiming to complete the TEN-T are confronted with multiple, different and complex permit-granting procedures, cross-border procurement procedures and other procedures. This situation jeopardises the timely implementation of projects and, in many cases, results in significant delays and increased costs. Furthermore, uncertainty may arise for project promoters and potential private investors, and could in certain cases even lead to projects not being realised as initially planned. This Directive aims to address those issues and make synchronised and timely TEN-T completion possible through harmonised action at Union level. When drawing up their national plans and programmes, Member States should take into account the development of the TEN-T, in accordance with Article 49(2) of Regulation (EU) No 1315/2013.

                     (3)

                     This Directive should cover project-related procedures, including those related to the environmental impact assessment. However, this Directive should be without prejudice to urban or land-use planning, to procedures related to the award of public procurements, and to steps undertaken at strategic level that are not project-related, such as strategic environmental assessments, public budgetary planning, as well as national or regional transport plans. In order to increase the efficiency of permit-granting procedures and ensure high quality project documentation, project promoters should carry out the preparatory work, such as preliminary studies and reports before the start of the permit-granting procedure. This Directive should not be applicable to procedures before an administrative appeal authority, a court or a tribunal.

                     (4)

                     This Directive should apply to projects that are part of pre-identified sections of the core network listed in the Annex to this Directive and to other projects on the core network corridors with a total cost exceeding EUR 300 000 000. Projects exceeding that amount are frequently of strategic importance with respect to the achievement of the Union strategy for smart, sustainable and inclusive growth and contribute to the achievement of the objectives of Regulation (EU) No 1315/2013. The core network corridors are identified through the alignments contained in Regulation (EU) No 1316/2013 of the European Parliament and of the Council (5) and the maps of the core network contained in Regulation (EU) No 1315/2013. The technical basis of those maps is provided by the interactive geographical and technical information system for the TEN-T (TENtec), which contains a higher level of detail concerning the trans-European transport infrastructure.

                     (5)

                     Projects exclusively related to telematic applications, new technologies and innovation should be excluded from the scope of this Directive since their deployment is not limited to the core network.

                     (6)

                     Member States may however apply this Directive to other projects on the core network and the comprehensive network, including projects exclusively related to telematic applications, new technologies and innovation, in order to achieve a harmonised approach for transport infrastructure projects. The publication by national authorities of lists of individual projects falling within the scope of this Directive could increase transparency for project promoters regarding ongoing, as well as future works along the TEN-T.

                     (7)

                     Given the different environmental assessments provided for in relevant Union and national law, which are necessary for granting permits to projects in the core network, Member States should put in place, where feasible and appropriate, a simplified procedure which fulfils the requirements of that Union and national law in order to help achieve the objectives set out in this Directive aimed at increasing the streamlining of measures.

                     (8)

                     Priority treatment should be given to projects falling within the scope of this Directive, where relevant. Such treatment may include shorter timelines, simultaneous procedures or limited timeframes for appeals, while ensuring that the objectives of other horizontal policies, such as environmental policies that aim to avoid, prevent, reduce or offset adverse effects on the environment are also reached in accordance with Union and national law. In the legal frameworks of many Member States, priority treatment is given to certain project categories based on their strategic importance for the economy. When such priority treatment exists within a national legal framework, it should automatically apply to projects falling within the scope of this Directive. Nevertheless, Member States should be allowed to test specific permit-granting procedures on a limited number of projects in order to evaluate their potential extension to other projects. During this testing period, the Member State concerned should not be obliged to apply such testing procedures to other projects falling within the scope of this Directive.

                     (9)

                     In order to make clear management of the overall procedure possible and to provide a point of contact for project promoters, projects on the core network corridors should be supported by efficient permit-granting procedures. To that end, Member States should designate one or more authorities depending on their national legal frameworks and administrative set-ups and the types of projects concerned. Where a Member State designates several authorities, it should ensure that only one authority is designated for a given project and a given permit-granting procedure.

                     (10)

                     The designation of an authority serving as point of contact for the project promoter should reduce the complexity, improve the efficiency and increase the transparency of the procedures. It should also, where appropriate, enhance the cooperation between Member States. The procedures should promote real cooperation between project promoters and the designated authority.

                     (11)

                     The designated authority may, inter alia, be entrusted with tasks related to the coordination and the authorisation, in compliance with Union and national law, of specific projects for the reconstruction of infrastructure on the core network in the event of natural or man-made disasters.

                     (12)

                     The procedure provided for in this Directive should be without prejudice to the fulfilment of the requirements of international and Union law, including requirements to protect the environment and human health. This Directive should not lead to the lowering of standards that are intended to avoid, prevent, reduce or offset adverse effects on the environment.

                     (13)

                     Given the urgency of completing the core network, the simplification of permit-granting procedures should be accompanied by a time-limit for procedures leading to the adoption of an authorising decision to build the transport infrastructure. That time-limit should encourage a more efficient handling of procedures and should, under no circumstances, compromise the Union’s high standards for environmental protection and public participation. It should be possible to extend the time-limit for the permit-granting procedures in duly justified cases, including when unforeseeable circumstances arise or where necessary for environmental protection. The extension could, for instance, be expressed as a period of time or indicated by reference to a date, or a certain future event. The extended time-limit should in particular not include the time necessary to undertake administrative or judicial appeal procedures or to seek judicial remedies before a court or tribunal. Member States should not be held responsible where the failure to comply with that time-limit is due to the project promoter, for example where the project promoter has not complied with the time-limits set out in national law or the indicative time-limits set by the designated authority or where the project promoter has acted with undue delay.

                     (14)

                     Member States should endeavour to ensure that appeals challenging the substantive or procedural legality of an authorising decision are handled in the most efficient way possible.

                     (15)

                     TEN-T infrastructure projects that concern two or more Member States face particular challenges as regards the coordination of permit-granting procedures. Therefore, the designated authorities of the Member States concerned should cooperate in order to coordinate their timetables and establish a joint schedule concerning the permit-granting procedure, to the extent that such coordination of their timetables and such establishment of a joint schedule are possible and appropriate given the state of preparation, or of maturity, of the project, which depends mainly on the project promoter, in particular on the date on which the project promoter has notified the project to the designated authority of each of those Member States.

                     (16)

                     The European Coordinators designated in accordance with Regulation (EU) No 1315/2013 should be informed about the relevant procedures in order to facilitate their synchronisation and completion in view of the timely implementation of the core network by 2030.

                     (17)

                     Where the TEN-T is extended to third countries, in line with the indicative maps set out in Regulation (EU) No 1315/2013, those third countries should be invited to apply, where relevant, similar rules as the ones provided for by this Directive.

                     (18)

                     Public procurement in cross-border projects should be carried out in accordance with the Treaties and, where relevant, Directive 2014/24/EU (6) or 2014/25/EU (7) of the European Parliament and of the Council. In order to ensure the efficient completion of the cross-border core network projects, public procurement carried out by a joint entity should be subject to the national law of one Member State. By way of derogation from Union law on public procurement, the applicable national law should, in principle, be that of the Member State where the joint entity has its registered office. It should remain possible to determine the applicable national law by means of an intergovernmental agreement. For a public procurement conducted by a subsidiary of a joint entity, that subsidiary should apply the national law of one of the Member States concerned, which could be the national law applicable to the joint entity. For reasons of legal certainty, current procurement strategies should remain applicable to a joint entity set up before the date of entry into force of this Directive.

                     (19)

                     The Commission is not systematically involved in the authorisation of individual projects. However, in some cases, certain aspects of the project preparation are subject to clearance at Union level. Where the Commission is involved in the procedures, it will give priority treatment to Union projects and ensure certainty for project promoters. In some cases, State aid approval might be required. Without prejudice to the deadlines set out in this Directive and in line with the Code of Best Practices for the conduct of State aid control procedures, Member States should be able to ask the Commission to deal with projects on the core network that they consider to be of priority by applying more predictable timelines under the case portfolio approach or the mutually agreed planning.

                     (20)

                     The implementation of infrastructure projects on the core network should be also supported by Commission guidelines that bring more clarity as regards the implementation of certain types of projects while respecting the Union acquis. In this respect, the Commission’s Communication of 27 April 2017 entitled ‘Action Plan for nature, people and the economy’ provides guidance and brings more clarity as regards how to comply with Directive 2009/147/EC of the European Parliament and of the Council (8) and Council Directive 92/43/EEC (9). In order to ensure the best value for public money, direct support related to public procurement should be made available for projects.

                     (21)

                     Since the objective of this Directive, namely to streamline measures for advancing the realisation of the TEN-T, cannot be sufficiently achieved by the Member States but can rather, by reason of the need for strengthening the framework of the permit-granting procedures for TEN-T projects through harmonised action at Union level, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

                     (22)

                     For reasons of legal certainty, this Directive should not apply to permit-granting procedures which started before the date of transposition of this Directive,

               HAVE ADOPTED THIS DIRECTIVE:

            Article 1
            Subject matter and scope

               1.   This Directive shall apply to the permit-granting procedures required in order to authorise the implementation of:

                           (a)

                           projects that are part of pre-identified sections of the core network as listed in the Annex;

                           (b)

                           other projects on the core network corridors, as identified pursuant to Article 44(1) of Regulation (EU) No 1315/2013, with a total cost exceeding EUR 300 000 000,

                     with the exception of projects exclusively related to telematic applications, new technologies and innovation within the meaning of Articles 31 and 33 of that Regulation.
               This Directive shall also apply to public procurements in cross-border projects falling within the scope of this Directive.

               2.   Member States may decide to apply this Directive to other projects on the core network and comprehensive network, including projects exclusively related to telematic applications, new technologies and innovation referred to in paragraph 1. Member States shall notify their decision to the Commission.

            Article 2
            Definitions
            For the purposes of this Directive, the following definitions apply:

                        (1)

                        ‘authorising decision’ means the decision or a set of decisions, which may be of an administrative nature, taken simultaneously or successively by an authority or by authorities of a Member State, not including administrative and judicial appeal authorities, under a national legal system and administrative law that determine whether or not a project promoter is entitled to implement the project on the geographical area concerned, without prejudice to any decision taken in the context of an administrative or judicial appeal procedure;

                        (2)

                        ‘permit-granting procedure’ means any procedure that has to be followed related to an individual project falling within the scope of this Directive in order to obtain the authorising decision as required by the authority or authorities of a Member State, under Union or national law, with the exception of urban or land use planning, of procedures related to the award of public procurements, and of steps undertaken at strategic level that do not refer to a specific project, such as strategic environmental assessment, public budgetary planning, as well as national or regional transport plans;

                        (3)

                        ‘project’ means a proposal for the construction, adaptation or modification of a defined section of the transport infrastructure which aims to improve the capacity, safety and efficiency of that infrastructure and of which the implementation has to be approved by means of an authorising decision;

                        (4)

                        ‘cross-border project’ means a project covering a cross-border section between two or more Member States;

                        (5)

                        ‘project promoter’ means the applicant for authorisation of the implementation of a project or the public authority which initiates a project;

                        (6)

                        ‘designated authority’ means the authority which is the point of contact for the project promoter and which facilitates the efficient and structured processing of permit-granting procedures in accordance with this Directive;

                        (7)

                        ‘joint authority’ means an authority established by mutual agreement between two or more Member States to facilitate the permit-granting procedures related to cross-border projects, including joint authorities established by designated authorities where those designated authorities have been empowered by Member States to establish joint authorities.

            Article 3
            Priority status

               1.   Member States shall endeavour to ensure that all authorities, including the designated authority, involved in the permit-granting procedure, excluding courts and tribunals, give priority to projects falling within the scope of this Directive.

               2.   Where specific permit-granting procedures for priority projects exist under national law, Member States shall, without prejudice to the objectives, requirements and time-limits of this Directive, ensure that projects falling within the scope of this Directive are handled under those procedures. This shall not prevent Member States from testing specific permit-granting procedures on a limited number of projects, in order to evaluate their potential extension to other projects, without having to apply such procedures to projects falling within the scope of this Directive.

               3.   This Article shall be without prejudice to any budgetary decisions.

            Article 4
            Designated Authority

               1.   By 10 August 2023, each Member State shall designate, at the appropriate administrative level, the authorities that are to act as a designated authority.

               2.   A Member State may, where relevant, designate different authorities as the designated authority depending on the project or category of projects, transport mode, or the geographical area. In such a case, the Member State shall ensure that there is only one designated authority for a given project and for a given permit-granting procedure.

               3.   Member States shall take all necessary measures to provide project promoters with easily available information about the identity of the designated authority for a given project.

               4.   Member States may empower the designated authority to take the authorising decision.
               When empowered to take the authorising decision in accordance with the first subparagraph, the designated authority shall verify that all the permits, decisions and opinions necessary for the adoption of the authorising decision have been obtained and shall notify the authorising decision to the project promoter.

               5.   Where the designated authority is not empowered to take the authorising decision, Member States shall take the necessary measures to ensure that the project promoter is notified of the adoption of the authorising decision.

               6.   Member States may empower the designated authority to establish indicative time-limits for different intermediary steps of the permit-granting procedure in accordance with Article 5(1), without prejudice to the four-year time-limit referred to in that paragraph.

               7.   The designated authority shall:

                           (a)

                           be the point of contact for information for the project promoter and for other relevant authorities involved in the procedure leading to the authorising decision for a given project;

                           (b)

                           provide the project promoter, where required to do so under national law, with the detailed application outline referred to in Article 6(4), including information on the indicative time-limits relating to the permit-granting procedures, in accordance with the four-year time-limit referred to in Article 5(1);

                           (c)

                           oversee the timeframe of the permit-granting procedure, and in particular record any extension of the time-limit referred to in Article 5(4);

                           (d)

                           if requested, provide guidance to the project promoter concerning the submission of all relevant information and documents, including all the permits, decisions and opinions which have to be obtained and provided for the authorising decision.

                     The designated authority may also provide guidance to the project promoter as to what additional information and/or documents should be delivered in the event that the notification referred to in Article 6(1) has been rejected.

               8.   Paragraph 7 is without prejudice to the competence of any other authorities involved in the permit-granting procedure and to the possibility for the project promoter to contact the individual authorities for the specific permits, decisions or opinions which form part of the authorising decision.

            Article 5
            Duration of the permit-granting procedure

               1.   Member States shall provide for a permit-granting procedure, including the deadlines for that procedure which shall not exceed four years from the start of the permit-granting procedure. Member States may adopt necessary measures in order to break down the available period into different steps in accordance with Union and national law.

               2.   The four-year period referred to in paragraph 1 shall be without prejudice to obligations arising from international and Union law and shall not include periods necessary to undertake administrative and judicial appeal procedures and to seek judicial remedies before a court or tribunal, as well as any periods necessary to implement any resulting decisions or remedies.

               3.   The four-year period referred to in paragraph 1 shall be without prejudice to the right of a Member State to provide that the permit-granting procedure is to be finalised by the adoption of a specific act of national legislation, in which case, the procedure for adoption of that act may, by way of derogation from paragraph 1, exceed the four year period provided that the preparatory work, on the basis of which the national legislative act is adopted, is concluded within that period. The preparatory work shall be considered to end when the specific act of national legislation is introduced to the national parliament.

               4.   Member States shall adopt the necessary measures to ensure that, in duly justified cases, an appropriate extension of the four-year period referred to in paragraph 1 may be granted. The duration of the extension shall be determined on a case-by-case basis, be duly justified and be limited to the purpose of completing the permit-granting procedure and delivering the authorising decision. When such an extension has been granted, the project promoter shall be informed of the reasons for granting it. A further extension may be granted once, under the same conditions.

               5.   Member States shall not be held responsible where the four-year period referred to in paragraph 1, as extended in accordance with paragraph 4, is not complied with where the delay incurred is due to the project promoter.

            Article 6
            Organisation of the permit-granting procedure

               1.   The project promoter shall notify the project to the designated authority or, where appropriate, to the joint authority established in accordance with Article 7(2). The notification of the project by the project promoter, shall serve as the start of the permit-granting procedure.

               2.   In order to facilitate the assessment of the maturity of the project, Member States may define the level of detail of information and the relevant documents to be provided by the project promoter when notifying a project. If the project is not mature, the notification shall be rejected by a duly justified decision not later than four months after the receipt of the notification.

               3.   Member States shall take the necessary measures to ensure that project promoters receive general information as a guide to notification, adapted, where relevant, to the mode of transport concerned, containing information about the permits, decisions and opinions that may be required for the implementation of a project.
               That information shall, for each permit, decision or opinion, include the following:

                           (a)

                           general information about the material scope and the level of detail of the information to be submitted by the project promoter;

                           (b)

                           applicable time-limits or, if there are no such time-limits, indicative time-limits; and

                           (c)

                           details of the authorities and stakeholders normally involved in consultations linked to the different permits, decisions and opinions.

                     That information shall be easily accessible to all relevant project promoters, in particular through electronic or physical information portals.

               4.   In order to facilitate successful notification, Member States may require the designated authority to establish, upon request by the project promoter, a detailed application outline comprising the following information customised for the individual project:

                           (a)

                           the individual stages of the procedure and applicable time-limits or, if there are no such time-limits, indicative time-limits;

                           (b)

                           the material scope and the level of detail of the information to be submitted by the project promoter;

                           (c)

                           a list of permits, decisions and opinions to be obtained by the project promoter during the permit-granting procedure, in accordance with Union and national law;

                           (d)

                           the details of the authorities and stakeholders to be involved in connection with the respective obligations, including during the formal phase of the public consultation.

               5.   The detailed application outline shall remain valid during the permit-granting procedure. Any amendment to the detailed application outline shall be duly justified.

               6.   The designated authority may provide the project promoter, on request, with the information supplementing the elements referred to in paragraph 4.

               7.   When the project promoter has submitted the complete project application file, the authorising decision shall be adopted within the time-limit referred to in Article 5(1).

               8.   Authorities involved in the permit-granting procedure shall notify the designated authority that the required permits, decisions, opinions, or the authorising decision, have been issued.

            Article 7
            Coordination of cross-border permit-granting procedures

               1.   Member States shall ensure, for projects that concern two or more Member States, that the designated authorities of those Member States cooperate with a view to coordinating their timetables and agreeing on a joint schedule concerning the permit-granting procedure.

               2.   For cross-border projects, a joint authority may be established.

               3.   Member States shall take the necessary measures to ensure that the European Coordinators designated in accordance with Article 45 of Regulation (EU) No 1315/2013 receive information on the permit-granting procedures and that the European Coordinators may facilitate contacts between the designated authorities in the context of the permit-granting procedures for projects that concern two or more Member States.

               4.   Member States shall, if the time-limit referred to in Article 5(1) is not observed, and upon request, provide information to the European Coordinators concerned about the measures taken or planned to be taken in order to enable the permit-granting procedure to be concluded with the least possible delay.

            Article 8
            Public procurement in cross-border projects

               1.   When the procurement procedures are conducted by a joint entity in a cross-border project, Member States shall take the necessary measures to ensure that the joint entity applies the national law of one Member State and, by way of derogation from Directives 2014/24/EU and 2014/25/EU, that law shall be determined in accordance with point (a) of Article 39(5) of Directive 2014/24/EU or point (a) of Article 57(5) of Directive 2014/25/EU, as applicable, unless an agreement between the participating Member States provides otherwise. Such an agreement shall, in any case, provide for the application of the national law of one Member State to the procurement procedures conducted by a joint entity.

               2.   For public procurement conducted by a subsidiary of a joint entity, the Member States concerned shall take the necessary measures to ensure that the subsidiary applies the national law of one Member State. In this respect, the Member States concerned may decide that the subsidiary is to apply the national law applicable to the joint entity.

            Article 9
            Transitional provisions

               1.   This Directive shall not apply to projects for which the permit-granting procedures started before 10 August 2023.

               2.   Article 8 shall only apply to such contracts for which the call for competition has been sent, or, in cases where a call for competition is not foreseen, where the contracting authority or contracting entity commenced the procurement procedure, after 10 August 2023.

               3.   Article 8 shall not apply to a joint entity set up before 9 August 2021, if the procurement procedures of that entity continue to be governed by the law applicable to its procurements on that date.

            Article 10
            Reporting

               1.   For the first time by 10 February 2027, and at regular intervals thereafter, the Commission shall report to the European Parliament and to the Council on the implementation of this Directive and on its results.

               2.   The report shall be based on information to be provided by Member States every two years and for the first time by 10 August 2026, concerning the number of permit-granting procedures falling within the scope of this Directive, the average length of the permit-granting procedures, the number of permit-granting procedures exceeding the time-limit and the establishment of any joint authority during the reporting period.

            Article 11
            Transposition

               1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 10 August 2023. They shall immediately inform the Commission thereof.
               When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

               2.   Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.

            Article 12
            Entry into force
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            This Directive is addressed to the Member States.

            Done at Strasbourg, 7 July 2021.

                  For the European Parliament

                  The President

               D. M. SASSOLI

                  For the Council

                  The President

               A. LOGAR

            (1)  OJ C 62, 15.2.2019, p. 269.

            (2)  OJ C 168, 16.5.2019, p. 91.

            (3)  Position of the European Parliament of 13 February 2019 (OJ C 449, 23.12.2020, p. 576) and position of the Council at first reading of 14 June 2021 (OJ C 273, 8.7.2021, p. 1). Position of the European Parliament of 6 July 2021 (not yet published in the Official Journal).

            (4)  Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).

            (5)  Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348, 20.12.2013, p. 129).

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

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

            (8)  Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).

            (9)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

            ANNEX
            Pre-identified sections of cross-border links and missing links in the core network corridors [referred to in point (a) of Article 1(1)]

                        Core network corridor ‘Atlantic’

                        Cross-border links

                        Évora – Mérida

                        Rail

                        Vitoria-Gasteiz – San Sebastián – Bayonne – Bordeaux

                        Aveiro – Salamanca

                        Douro river (Via Navegável do Douro)

                        Inland waterways

                        Missing links

                        Non-UIC gauge interoperable lines on the Iberian Peninsula

                        Rail

                        Core network corridor ‘Baltic – Adriatic’

                        Cross-border links

                        Katowice/Opole – Ostrava – Brno
                        Katowice – Žilina
                        Bratislava – Wien
                        Graz – Maribor
                        Venezia – Trieste – Divača – Ljubljana

                        Rail

                        Katowice – Žilina
                        Brno – Wien

                        Road

                        Missing links

                        Gloggnitz – Mürzzuschlag: Semmering base tunnel
                        Graz – Klagenfurt: Koralm railway line and tunnel
                        Koper – Divača

                        Rail

                        Core network corridor ‘Mediterranean’

                        Cross-border links

                        Barcelona – Perpignan

                        Rail

                        Lyon – Torino: base tunnel and access routes

                        Nice – Ventimiglia

                        Venezia – Trieste – Divača – Ljubljana

                        Ljubljana – Zagreb

                        Zagreb – Budapest

                        Budapest – Miskolc – UA border

                        Lendava – Letenye

                        Road

                        Vásárosnamény – UA border

                        Missing links

                        Almería – Murcia

                        Rail

                        Non-UIC gauge interoperable lines on the Iberian Peninsula

                        Perpignan – Montpellier

                        Koper – Divača

                        Rijeka – Zagreb

                        Milano – Cremona – Mantova – Porto Levante/Venezia – Ravenna/Trieste

                        Inland waterways

                        Core network corridor ‘North Sea – Baltic’

                        Cross-border links

                        Tallinn – Rīga – Kaunas – Warszawa: Rail Baltic new UIC gauge fully interoperable line

                        Rail

                        Świnoujście/Szczecin – Berlin

                        Rail and inland waterways

                        Via Baltica Corridor EE-LV-LT-PL

                        Road

                        Missing links

                        Kaunas – Vilnius: part of Rail Baltic new UIC gauge fully interoperable line

                        Rail

                        Warszawa/Idzikowice – Poznań/Wrocław, incl. connections to the planned Central Transport Hub

                        Nord-Ostsee-Kanal

                        Inland waterways

                        Berlin – Magdeburg – Hannover; Mittellandkanal; western German canals

                        Rhine, Waal

                        Noordzeekanaal, IJssel, Twentekanaal

                        Core network corridor ‘North Sea – Mediterranean’

                        Cross-border links

                        Brussel or Bruxelles – Luxembourg – Strasbourg

                        Rail

                        Terneuzen – Gent

                        Inland waterways

                        Seine – Scheldt Network and the related Seine, Scheldt and Meuse river basins

                        Rhine-Scheldt corridor

                        Missing links

                        Albertkanaal/Canal Albert and Kanaal Bocholt-Herentals

                        Inland waterways

                        Core network corridor ‘Orient/East-Med’

                        Cross-border links

                        Dresden – Praha/Kolín

                        Rail

                        Wien/Bratislava – Budapest

                        Békéscsaba – Arad – Timişoara

                        Craiova – Calafat – Vidin – Sofia – Thessaloniki

                        Sofia – RS border/MK border

                        TR border – Alexandroupoli

                        MK border – Thessaloniki

                        Ioannina – Kakavia (AL border)

                        Road

                        Drobeta Turnu Severin/Craiova – Vidin – Montana

                        Sofia – RS border

                        Hamburg – Dresden – Praha – Pardubice

                        Inland waterways

                        Missing links

                        Igoumenitsa – Ioannina

                        Rail

                        Praha – Brno

                        Thessaloniki – Kavala – Alexandroupoli

                        Timişoara – Craiova

                        Core network corridor ‘Rhine – Alpine’

                        Cross-border links

                        Zevenaar – Emmerich – Oberhausen

                        Rail

                        Karlsruhe – Basel

                        Milano/Novara – CH border

                        Basel – Antwerpen/Rotterdam – Amsterdam

                        Inland waterways

                        Missing links

                        Genova – Tortona/Novi Ligure

                        Rail

                        Zeebrugge – Gent

                        Core network corridor ‘Rhine – Danube’

                        Cross-border links

                        München – Praha

                        Rail

                        Nürnberg – Plzeň

                        München – Mühldorf – Freilassing – Salzburg

                        Strasbourg – Kehl Appenweier

                        Hranice – Žilina

                        Košice – UA border

                        Wien – Bratislava/Budapest

                        Bratislava – Budapest

                        Békéscsaba – Arad – Timişoara – RS border

                        București – Giurgiu – Rousse

                        Danube (Kehlheim – Constanța/Midia/Sulina) and the related Váh, Sava and Tisza river basins

                        Inland waterways

                        Zlín – Žilina

                        Road

                        Timişoara – RS border

                        Missing links

                        Stuttgart – Ulm

                        Rail

                        Salzburg – Linz

                        Craiova – București

                        Arad – Sighişoara – Brașov – Predeal

                        Core network corridor ‘Scandinavian – Mediterranean’

                        Cross-border links

                        RU border – Helsinki

                        Rail

                        København – Hamburg: Fehmarn belt fixed link access routes

                        München – Wörgl – Innsbruck – Fortezza – Bolzano – Trento – Verona: Brenner base tunnel and its access routes

                        Göteborg – Oslo

                        København – Hamburg: Fehmarn belt fixed link

                        Rail/Road


title: Commission Implementing Directive (EU) 2021/746 of 6 May 2021 amending Directives 2003/90/EC and 2003/91/EC as regards the protocols for the examination of certain varieties of agricultural plant species and vegetable species, and amending Directive 2003/90/EC as regards certain botanical names of plants (Text with EEA relevance)

text:
                  7.5.2021

                  EN

                  Official Journal of the European Union

                  L 160/94

         COMMISSION IMPLEMENTING DIRECTIVE (EU) 2021/746
         of 6 May 2021
         amending Directives 2003/90/EC and 2003/91/EC as regards the protocols for the examination of certain varieties of agricultural plant species and vegetable species, and amending Directive 2003/90/EC as regards certain botanical names of plants
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (1), and in particular Article 7(2)(a) and (b) thereof,
         Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (2), and in particular Article 7(2)(a) and (b) thereof,
         Whereas:

                     (1)

                     Commission Directives 2003/90/EC (3) and 2003/91/EC (4) aim to ensure that the varieties of agricultural plant species and vegetable species that Member States include in their national catalogues comply with the protocols established by the Community Plant Variety Office (CPVO). In particular, those Directives aim to ensure compliance with the rules concerning the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant and vegetable species. For the species not covered by the CPVO protocols those Directives aim to ensure compliance with guidelines of the International Union for Protection of New Varieties of Plants (UPOV).

                     (2)

                     The CPVO and UPOV have established further protocols and guidelines and have updated existing ones, in particular as regards field pea, swede rape, cotton, oat, timothy, brown mustard, sprouting broccoli, pepper, melon, globe artichoke, tomato, pea, spinach and tomato rootstocks. Directives 2003/90/EC and 2003/91/EC should be adapted accordingly to reflect those developments.

                     (3)

                     Commission Implementing Directive (EU) 2021/415 (5) amended Council Directives 66/401/EEC (6) and 66/402/EEC (7) as regards certain botanical names of hard fescue, wheat, durum wheat, spelt wheat, sorghum and Sudangrass in order to reflect the development of scientific knowledge. Directive 2003/90/EC should be adapted accordingly to reflect those amendments.

                     (4)

                     Directives 2003/90/EC and 2003/91/EC should therefore be amended accordingly.

                     (5)

                     For certain varieties that were not accepted for inclusion in the Common Catalogue of varieties of agricultural plant or vegetable species, official examinations have started prior to 1 January 2022 in accordance with the provisions of either the CPVO protocols or the UPOV guidelines listed in the respective Annex to Directive 2003/90/EC or 2003/91/EC as they stood before having been amended by this Directive. In order not to disrupt those examinations, it is appropriate that for those examinations Member States apply the national provisions transposing Directives 2003/90/EC and 2003/91/EC as they stood before having been amended by this Directive.

                     (6)

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

               HAS ADOPTED THIS DIRECTIVE:

            Article 1
            Amendments to Directive 2003/90/EC
            Annexes I and II to Directive 2003/90/EC are replaced by the text set out in Part A of the Annex to this Directive.

            Article 2
            Amendments to Directive 2003/91/EC
            The Annexes to Directive 2003/91/EC are replaced by the text set out in Part B of the Annex to this Directive.

            Article 3
            Transposition

               1.   Member States shall adopt and publish, by 31 December 2021 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. They shall apply those provisions from 1 January 2022.
               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

               2.   Member States shall communicate to the Commission the text of the main provisions of national law, which they adopt in the field covered by this Directive.

            Article 4
            Transitional measures
            For examinations of varieties started before 1 January 2022 Member States shall apply the national provisions transposing Directives 2003/90/EC and 2003/91/EC as they stood before having been amended by this Directive.

            Article 5
            Entry into force
            This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            Article 6
            Addressees
            This Directive is addressed to the Member States.

            Done at Brussels, 6 May 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 193, 20.7.2002, p. 1.

            (2)  OJ L 193, 20.7.2002, p. 33.

            (3)  Commission Directive 2003/90/EC of 6 October 2003 setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species (OJ L 254, 8.10.2003, p. 7).

            (4)  Commission Directive 2003/91/EC of 6 October 2003 setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species (OJ L 254, 8.10.2003, p. 11).

            (5)  Commission Implementing Directive (EU) 2021/415 of 8 March 2021 amending Council Directives 66/401/EEC and 66/402/EEC in order to adapt to the evolution of scientific and technical knowledge, taxonomic groups and names of certain species of seeds and weeds (OJ L 81, 9.3.2021, p. 65).

            (6)  Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (OJ 125, 11.7.1966, p. 2298).

            (7)  Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (OJ 125, 11.7.1966, p. 2309).

            ANNEX

               Part A – Amendments of Annexes I and II to Directive 2003/90/EC

                     ‘ANNEX I

                        List of species referred to in Article 1(2)(a), which are to comply with CPVO technical protocols
                         (*)

                                    Scientific name

                                    Common name

                                    CPVO protocol

                                    Festuca arundinacea Schreb.

                                 Tall fescue

                                 TP 39/1 of 1.10.2015

                                    Festuca filiformis Pourr.

                                 Fine-leaved sheep’s fescue

                                 TP 67/1 of 23.6.2011

                                    Festuca ovina L.

                                 Sheep’s fescue

                                 TP 67/1 of 23.6.2011

                                    Festuca pratensis Huds.

                                 Meadow fescue

                                 TP 39/1 of 1.10.2015

                                    Festuca rubra L.

                                 Red fescue

                                 TP 67/1 of 23.6.2011

                                    Festuca trachyphylla (Hack.) Hack.

                                 Hard fescue

                                 TP 67/1 of 23.6.2011

                                    Lolium multiflorum Lam.

                                 Italian ryegrass

                                 TP 4/2 of 19.3.2019

                                    Lolium perenne L.

                                 Perennial ryegrass

                                 TP 4/2 of 19.3.2019

                                    Lolium x hybridum Hausskn.

                                 Hybrid ryegrass

                                 TP 4/2 of 19.3.2019

                                    Pisum sativum L. (partim)

                                 Field pea

                                 TP 7/2 Rev. 3 of 6.3.2020

                                    Poa pratensis L.

                                 Smooth-stalked meadow grass

                                 TP 33/1 of 15.3.2017

                                    Vicia faba L.

                                 Field bean

                                 TP 8/1 of 19.3.2019

                                    Vicia sativa L.

                                 Common vetch

                                 TP 32/1 of 19.4.2016

                                    Brassica napus L. var. napobrassica (L.) Rchb.

                                 Swede

                                 TP 89/1 of 11.3.2015

                                    Raphanus sativus L. var. oleiformis Pers.

                                 Fodder radish

                                 TP 178/1 of 15.3.2017

                                    Brassica napus L. (partim)

                                 Swede rape

                                 TP 36/3 of 21.4.2020

                                    Cannabis sativa L.

                                 Hemp

                                 TP 276/1 Partial Rev. of 21.3.2018

                                    Glycine max (L.) Merr.

                                 Soya bean

                                 TP 80/1 of 15.3.2017

                                    Gossypium spp.

                                 Cotton

                                 TP 88/2 of 11.12.2020

                                    Helianthus annuus L.

                                 Sunflower

                                 TP 81/1 of 31.10.2002

                                    Linum usitatissimum L.

                                 Flax/Linseed

                                 TP 57/2 of 19.3.2014

                                    Sinapis alba L.

                                 White mustard

                                 TP 179/1 of 15.3.2017

                                    Avena nuda L.

                                 Small naked oat, Hulless oat

                                 TP 20/3 of 6.3.2020

                                    Avena sativa L. (includes A. byzantina K. Koch)

                                 Oats and Red oat

                                 TP 20/3 of 6.3.2020

                                    Hordeum vulgare L.

                                 Barley

                                 TP 19/5 of 19.3.2019

                                    Oryza sativa L.

                                 Rice

                                 TP 16/3 of 1.10.2015

                                    Secale cereale L.

                                 Rye

                                 TP 58/1 of 31.10.2002

                                    Sorghum bicolor (L.) Moench subsp. bicolor

                                 Sorghum

                                 TP 122/1 of 19.3.2019

                                    Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse

                                 Sudan grass

                                 TP 122/1 of 19.3.2019

                                    Sorghum bicolor (L.) Moench subsp. bicolor x Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse

                                 Hybrids resulting from the crossing of Sorghum bicolor subsp. bicolor and Sorghum bicolor subsp. drummondii

                                 TP 122/1 of 19.3.2019

                                    xTriticosecale Wittm. ex A. Camus

                                 Hybrids resulting from the crossing of a species of the genus Triticum and a species of the genus Secale

                                 TP 121/2 Rev. 1 of 16.2.2011

                                    Triticum aestivum L. subsp. aestivum

                                 Wheat

                                 TP 3/5 of 19.3.2019

                                    Triticum turgidum L. subsp. durum (Desf.) van Slageren

                                 Durum wheat

                                 TP 120/3 of 19.3.2014

                                    Zea mays L. (partim)

                                 Maize

                                 TP 2/3 of 11.3.2010

                                    Solanum tuberosum L.

                                 Potato

                                 TP 23/3 of 15.3.2017

                     ANNEX II

                        List of species referred to in Article 1(2)(b), which are to comply with UPOV test guidelines
                         (*)

                                    Scientific name

                                    Common name

                                    UPOV guideline

                                    Beta vulgaris L.

                                 Fodder beet

                                 TG/150/3 of 4.11.1994

                                    Agrostis canina L.

                                 Velvet bent

                                 TG/30/6 of 12.10.1990

                                    Agrostis gigantea Roth

                                 Red top

                                 TG/30/6 of 12.10.1990

                                    Agrostis stolonifera L.

                                 Creeping bent grass

                                 TG/30/6 of 12.10.1990

                                    Agrostis capillaris L.

                                 Brown top

                                 TG/30/6 of 12.10.1990

                                    Bromus catharticus Vahl

                                 Rescue grass

                                 TG/180/3 of 4.4.2001

                                    Bromus sitchensis Trin.

                                 Alaska brome grass

                                 TG/180/3 of 4.4.2001

                                    Dactylis glomerata L.

                                 Cocksfoot

                                 TG/31/8 of 17.4.2002

                                    xFestulolium Asch. et Graebn.

                                 Hybrids resulting from the crossing of a species of the genus Festuca with a species of the genus Lolium

                                 TG/243/1 of 9.4.2008

                                    Phleum nodosum L.

                                 Small timothy

                                 TG/34/7 of 17.12.2020

                                    Phleum pratense L.

                                 Timothy

                                 TG/34/7 of 17.12.2020

                                    Lotus corniculatus L.

                                 Birdsfoot trefoil

                                 TG 193/1 of 9.4.2008

                                    Lupinus albus L.

                                 White lupin

                                 TG/66/4 of 31.3.2004

                                    Lupinus angustifolius L.

                                 Narrow-leaved lupin

                                 TG/66/4 of 31.3.2004

                                    Lupinus luteus L.

                                 Yellow lupin

                                 TG/66/4 of 31.3.2004

                                    Medicago doliata Carmign.

                                 Straight-spined medic

                                 TG/228/1 of 5.4.2006

                                    Medicago italica (Mill.) Fiori

                                 Disc medic

                                 TG/228/1 of 5.4.2006

                                    Medicago littoralis Rohde ex Loisel.

                                 Shore medic/Strand medic

                                 TG/228/1 of 5.4.2006

                                    Medicago lupulina L.

                                 Trefoil

                                 TG/228/1 of 5.4.2006

                                    Medicago murex Willd.

                                 Sphere medic

                                 TG/228/1 of 5.4.2006

                                    Medicago polymorpha L.

                                 Bur medic

                                 TG/228/1 of 5.4.2006

                                    Medicago rugosa Desr.

                                 Wrinkled medic/Gama medic

                                 TG/228/1 of 5.4.2006

                                    Medicago sativa L.

                                 Lucerne

                                 TG/6/5 of 6.4.2005

                                    Medicago scutellata (L.) Mill.

                                 Snail medic/Shield medic

                                 TG/228/1 of 5.4.2006

                                    Medicago truncatula Gaertn.

                                 Barrel medic

                                 TG/228/1 of 5.4.2006

                                    Medicago x varia T. Martyn

                                 Sand lucerne

                                 TG/6/5 of 6.4.2005

                                    Trifolium pratense L.

                                 Red clover

                                 TG/5/8 of 17.12.2020

                                    Trifolium repens L.

                                 White clover

                                 TG/38/7 of 9.4.2003

                                    Trifolium subterraneum L.

                                 Subterranean clover

                                 TG/170/3 of 4.4.2001

                                    Phacelia tanacetifolia Benth.

                                 California Bluebell

                                 TG/319/1 of 5.4.2017

                                    Arachis hypogaea L.

                                 Groundnut/Peanut

                                 TG/93/4 of 9.4.2014

                                    Brassica juncea (L.) Czern

                                 Brown mustard

                                 TG/335/1 of 17.12.2020

                                    Brassica rapa L. var. silvestris (Lam.) Briggs

                                 Turnip rape

                                 TG/185/3 of 17.4.2002

                                    Carthamus tinctorius L.

                                 Safflower

                                 TG/134/3 of 12.10.1990

                                    Papaver somniferum L.

                                 Poppy

                                 TG/166/4 of 9.4.2014

               ’

               Part B – Amendments of the Annexes to Directive 2003/91/EC

                     ‘ANNEX I

                        List of species referred to in Article 1(2)(a), which are to comply with CPVO technical protocols
                         (*)

                                    Scientific name

                                    Common name

                                    CPVO protocol

                                    Allium cepa L. (Cepa group)

                                 Onion and Echalion

                                 TP 46/2 of 1.4.2009

                                    Allium cepa L. (Aggregatum group)

                                 Shallot

                                 TP 46/2 of 1.4.2009

                                    Allium fistulosum L.

                                 Japanese bunching onion or Welsh onion

                                 TP 161/1 of 11.3.2010

                                    Allium porrum L.

                                 Leek

                                 TP 85/2 of 1.4.2009

                                    Allium sativum L.

                                 Garlic

                                 TP 162/1 of 25.3.2004

                                    Allium schoenoprasum L.

                                 Chives

                                 TP 198/2 of 11.3.2015

                                    Apium graveolens L.

                                 Celery

                                 TP 82/1 of 13.3.2008

                                    Apium graveolens L.

                                 Celeriac

                                 TP 74/1 of 13.3.2008

                                    Asparagus officinalis L.

                                 Asparagus

                                 TP 130/2 of 16.2.2011

                                    Beta vulgaris L.

                                 Beetroot including Cheltenham beet

                                 TP 60/1 of 1.4.2009

                                    Beta vulgaris L.

                                 Spinach beet or Chard

                                 TP 106/1 of 11.3.2015

                                    Brassica oleracea L.

                                 Curly kale

                                 TP 90/1 of 16.2.2011

                                    Brassica oleracea L.

                                 Cauliflower

                                 TP 45/2 Rev. 2 of 21.3.2018

                                    Brassica oleracea L.

                                 Sprouting broccoli or Calabrese

                                 TP 151/2 Rev. 2 of 21.4.2020

                                    Brassica oleracea L.

                                 Brussels sprouts

                                 TP 54/2 Rev. of 15.3.2017

                                    Brassica oleracea L.

                                 Kohlrabi

                                 TP 65/1 Rev. of 15.3.2017

                                    Brassica oleracea L.

                                 Savoy cabbage, White cabbage and Red cabbage

                                 TP 48/3 Rev. of 15.3.2017

                                    Brassica rapa L.

                                 Chinese cabbage

                                 TP 105/1 of 13.3.2008

                                    Capsicum annuum L.

                                 Chilli or Pepper

                                 TP 76/2 Rev. 2 of 21.4.2020

                                    Cichorium endivia L.

                                 Curled-leaved endive and Plain-leaved endive

                                 TP 118/3 of 19.3.2014

                                    Cichorium intybus L.

                                 Industrial chicory

                                 TP 172/2 of 1.12.2005

                                    Cichorium intybus L.

                                 Leaf chicory

                                 TP 154/1 Rev. of 19.3.2019

                                    Cichorium intybus L.

                                 Witloof chicory

                                 TP 173/2 of 21.3.2018

                                    Citrullus lanatus (Thunb.) Matsum. et Nakai

                                 Watermelon

                                 TP 142/2 of 19.3.2014

                                    Cucumis melo L.

                                 Melon

                                 TP 104/2 Rev. of 21.4.2020

                                    Cucumis sativus L.

                                 Cucumber and Gherkin

                                 TP 61/2 Rev. 2 of 19.3.2019

                                    Cucurbita maxima Duchesne

                                 Gourd

                                 TP 155/1 of 11.3.2015

                                    Cucurbita pepo L.

                                 Marrow or Courgette

                                 TP 119/1 Rev. of 19.3.2014

                                    Cynara cardunculus L.

                                 Globe artichoke and Cardoon

                                 TP 184/2 Rev. of 6.3.2020

                                    Daucus carota L.

                                 Carrot and Fodder carrot

                                 TP 49/3 of 13.3.2008

                                    Foeniculum vulgare Mill.

                                 Fennel

                                 TP 183/1 of 25.3.2004

                                    Lactuca sativa L.

                                 Lettuce

                                 TP 13/6 Rev. of 15.2.2019

                                    Solanum lycopersicum L.

                                 Tomato

                                 TP 44/4 Rev. 4 of 21.4.2020

                                    Petroselinum crispum (Mill.) Nyman ex A. W. Hill

                                 Parsley

                                 TP 136/1 of 21.3.2007

                                    Phaseolus coccineus L.

                                 Runner bean

                                 TP 9/1 of 21.3.2007

                                    Phaseolus vulgaris L.

                                 Dwarf French bean and Climbing French bean

                                 TP 12/4 of 27.2.2013

                                    Pisum sativum L. (partim)

                                 Wrinkled pea, Round pea and Sugar pea

                                 TP 7/2 Rev. 3 of 6.3.2020

                                    Raphanus sativus L.

                                 Radish, Black radish

                                 TP 64/2 Rev. Corr. of 11.3.2015

                                    Rheum rhabarbarum L

                                 Rhubarb

                                 TP 62/1 of 19.4.2016

                                    Scorzonera hispanica L.

                                 Scorzonera or Black salsify

                                 TP 116/1 of 11.3.2015

                                    Solanum melongena L.

                                 Aubergine or Egg plant

                                 TP 117/1 of 13.3.2008

                                    Spinacia oleracea L.

                                 Spinach

                                 TP 55/5 Rev. 3 of 6.3.2020

                                    Valerianella locusta (L.) Laterr.

                                 Corn salad or Lamb’s lettuce

                                 TP 75/2 of 21.3.2007

                                    Vicia faba L. (partim)

                                 Broad bean

                                 TP 206/1 of 25.3.2004

                                    Zea mays L. (partim)

                                 Sweet corn and Pop corn

                                 TP 2/3 of 11.3.2010

                                    Solanum habrochaites S. Knapp & D.M. Spooner; Solanum lycopersicum L. x Solanum habrochaites S. Knapp & D.M. Spooner; Solanum lycopersicum L. x Solanum peruvianum (L.) Mill.; Solanum lycopersicum L. x Solanum cheesmaniae (L. Ridley) Fosberg; Solanum pimpinellifolium L. x Solanum habrochaites S. Knapp & D.M. Spooner

                                 Tomato rootstocks

                                 TP 294/1 Rev. 4 of 21.4.2020

                                    Cucurbita maxima Duchesne x Cucurbita moschata Duchesne

                                 Interspecific hybrids of Cucurbita maxima Duchesne x Cucurbita moschata Duchesne for use as rootstocks

                                 TP 311/1 of 15.3.2017

                     ANNEX II

                        List of species referred to in Article 1(2)(b), which are to comply with UPOV test guidelines
                         (*)

                                    Scientific name

                                    Common name

                                    UPOV guideline

                                    Brassica rapa L.

                                 Turnip

                                 TG/37/10 of 4.4.2001

               ’

               (*)  The text of these protocols can be found on the CPVO web site (www.cpvo.europa.eu).

               (*)  The text of these guidelines can be found on the UPOV web site (www.upov.int)

               (*)  The text of these protocols can be found on the CPVO web site (www.cpvo.europa.eu).

               (*)  The text of these guidelines can be found on the UPOV web site (www.upov.int).


title: Directive (EU) 2021/2261 of the European Parliament and of the Council of 15 December 2021 amending Directive 2009/65/EC as regards the use of key information documents by management companies of undertakings for collective investment in transferable securities (UCITS) (Text with EEA relevance)

text:
                  20.12.2021

                  EN

                  Official Journal of the European Union

                  L 455/15

         DIRECTIVE (EU) 2021/2261 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         of 15 December 2021
         amending Directive 2009/65/EC as regards the use of key information documents by management companies of undertakings for collective investment in transferable securities (UCITS)
         (Text with EEA relevance)
         THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 53(1) thereof,
         Having regard to the proposal from the European Commission,
         After transmission of the draft legislative act to the national parliaments,
         Having regard to the opinion of the European Economic and Social Committee (1),
         Acting in accordance with the ordinary legislative procedure (2),
         Whereas:

                     (1)

                     Article 78 of Directive 2009/65/EC of the European Parliament and of the Council (3) requires investment companies and management companies to draw up a short document containing key information about the essential characteristics of undertakings for collective investment in transferable securities (UCITS) offered to investors (‘key investor information’), so that those investors are reasonably able to understand the nature and the risks of the UCITS that is being offered to them and, consequently, to take investment decisions on an informed basis.

                     (2)

                     Regulation (EU) No 1286/2014 of the European Parliament and of the Council (4) requires manufacturers of packaged retail and insurance-based investment products (PRIIPs), before making a PRIIP available to retail investors, to draw up and publish a key information document (‘KID’) for that product in order to enable such retail investors to understand and compare the key features and risks of the PRIIP.

                     (3)

                     UCITS also qualify as PRIIPs, for which a KID is required pursuant to Regulation (EU) No 1286/2014. Article 32(1) of that Regulation, however, exempts management companies as defined in Article 2(1), point (b), of Directive 2009/65/EC, investment companies as referred to in Article 27 of that Directive and persons advising on, or selling, units of UCITS as referred to in Article 1(2) of that Directive from the obligations laid down in that Regulation, and thus from the requirement to produce a KID, until 31 December 2021 (‘the transitional arrangement’).

                     (4)

                     Commission Delegated Regulation (EU) 2017/653 (5) supplements Regulation (EU) No 1286/2014 by laying down regulatory technical standards with regard to the presentation, content and standard format of the KID, the methodology for the presentation of risk and reward and for the calculation of costs, the conditions and minimum frequency for reviewing the information contained in the KID, and the conditions for providing the KID to retail investors.

                     (5)

                     On 7 September 2021, the Commission adopted a Delegated Regulation amending the regulatory technical standards laid down in Delegated Regulation (EU) 2017/653 as regards the underpinning methodology and presentation of performance scenarios, the presentation of costs and the methodology for the calculation of summary cost indicators, the presentation and content of information on past performance and the presentation of costs by PRIIPs offering a range of options for investment and alignment of the transitional arrangement for PRIIP manufacturers offering units of funds referred to in Article 32 of Regulation (EU) No 1286/2014 as underlying investment options with the prolonged transitional arrangement laid down in that Article. The date of application of that Delegated Regulation is 1 July 2022, but it is important to reflect the need to give management companies, investment companies and persons advising on, or selling, units of UCITS and non-UCITS sufficient time to prepare for the end of the transitional arrangement and thus for the obligation to produce a KID.

                     (6)

                     In order to ensure that the need for sufficient time to prepare for the obligation to produce a KID is met, Regulation (EU) No 1286/2014 has been amended by Regulation (EU) 2021/2259 of the European Parliament of the Council (6) to extend the transitional arrangement until 31 December 2022.

                     (7)

                     The key investor information and the KID cover essentially the same information requirements. It is therefore necessary to ensure that retail investors in PRIIPs interested in acquiring units of UCITS do not receive, from 1 January 2023, both documents for the same financial product. It should therefore be laid down that the KID is to be considered to satisfy the requirements applicable to the key investor information. In addition, for investors other than retail investors, investment companies and management companies should continue to draw up key investor information in accordance with Directive 2009/65/EC, unless they decide to draw up a KID as set out in Regulation (EU) No 1286/2014. In such cases, investment companies and management companies should not be required by competent authorities to provide the key investor information, and only the KID should be provided to those investors.

                     (8)

                     Directive 2009/65/EC should therefore be amended accordingly,

               HAVE ADOPTED THIS DIRECTIVE:

            Article 1
            In Directive 2009/65/EC, the following article is inserted:

                  ‘Article 82a

                     1.   Member States shall ensure that, where an investment company or, for any of the common funds it manages, a management company draws up, provides, revises and translates a key information document which complies with the requirements for key information documents laid down in Regulation (EU) No 1286/2014 of the European Parliament and of the Council (*1), competent authorities consider that key information document to satisfy the requirements applicable to key investor information set out in Articles 78 to 82 and Article 94 of this Directive.

                     2.   Member States shall ensure that competent authorities do not require an investment company or, for any of the common funds it manages, a management company to draw up key investor information in accordance with Articles 78 to 82 and Article 94 of this Directive where it draws up, provides, revises and translates a key information document which complies with the requirements for key information documents set out in Regulation (EU) No 1286/2014.

            Article 2

               1.   By 30 June 2022, Member States shall adopt and publish the measures necessary to comply with this Directive. They shall immediately inform the Commission thereof.
               They shall apply those measures from 1 January 2023.
               When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

               2.   Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.

            Article 3
            This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.

            Article 4
            This Directive is addressed to the Member States.

            Done at Strasbourg, 15 December 2021.

                  For the European Parliament

                  The President

               D. M. SASSOLI

                  For the Council

                  The President

               A. LOGAR

            (1)  Opinion of 20 October 2021 (not yet published in the Official Journal).

            (2)  Position of the European Parliament of 23 November 2021 (not yet published in the Official Journal) and decision of the Council of 9 December 2021.

            (3)  Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (OJ L 302, 17.11.2009, p. 32).

            (4)  Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) (OJ L 352, 9.12.2014, p. 1).

            (5)  Commission Delegated Regulation (EU) 2017/653 of 8 March 2017 supplementing Regulation (EU) No 1286/2014 of the European Parliament and of the Council on key information documents for packaged retail and insurance-based investment products (PRIIPs) by laying down regulatory technical standards with regard to the presentation, content, review and revision of key information documents and the conditions for fulfilling the requirement to provide such documents (OJ L 100, 12.4.2017, p. 1).

            (6)  Regulation (EU) 2021/2259 of the European Parliament of the Council of 15 December 2021 amending Regulation (EU) No 1286/2014 as regards the extension of the transitional arrangement for management companies, investment companies and persons on advising on, or selling, units of undertakings for collective investment in transferable securities (UCITS) and non-UCITS (See page 1 of this Official Journal).