title: Directive (EU) 2021/1233 of the European Parliament and of the Council of 14 July 2021 amending Directive (EU) 2017/2397 as regards the transitional measures for the recognition of third-country certificates (Text with EEA relevance)

text:
                  30.7.2021

                  EN

                  Official Journal of the European Union

                  L 274/52

         DIRECTIVE (EU) 2021/1233 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         of 14 July 2021
         amending Directive (EU) 2017/2397 as regards the transitional measures for the recognition of third-country certificates
         (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 91(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),
         After consulting the Committee of the Regions,
         Acting in accordance with the ordinary legislative procedure (2),
         Whereas:

                     (1)

                     Directive (EU) 2017/2397 of the European Parliament and of the Council (3) sets out transitional measures in order to ensure the continued validity of certificates of qualification, service record books and logbooks issued before the end of its transposition period, and to give skilled crew members reasonable time in which to apply for a Union certificate of qualification, or another certificate recognised as equivalent. However, with the exception of the Rhine navigation licences referred to in Article 1(5) of Council Directive 96/50/EC (4), those transitional measures do not apply to the certificates of qualification, service record books and logbooks issued by third countries that are currently recognised by Member States under their national requirements, or international agreements, applicable before the entry into force of Directive (EU) 2017/2397.

                     (2)

                     Article 10(3), (4) and (5) of Directive (EU) 2017/2397 lays down the procedure and the conditions for the recognition of certificates, service record books or logbooks issued by the authorities of a third country.

                     (3)

                     Given that the procedure for recognition of third-country documents is based on the assessment of the certification systems in the requesting third country with the aim of determining whether the issuing of the certificates, service record books or logbooks specified in the request is subject to requirements that are identical to those laid down in Directive (EU) 2017/2397, it is unlikely that the recognition procedure will be completed before 17 January 2022.

                     (4)

                     In order to ensure a smooth transition to the system of the recognition of third-country documents provided for in Article 10 of Directive (EU) 2017/2397, it is necessary to provide for transitional measures which allow the time needed for third countries to align their requirements to those laid down in that Directive, as well as for the Commission to assess their certification systems and, where appropriate to adopt an implementing act under Article 10(5) of that Directive. Those measures would also ensure legal certainty to the individuals and economic operators active in the inland waterway transport sector. In the light of those objectives, it is appropriate to set the cut-off date for third-country documents falling within the scope of those transitional measures by reference to the period for the transposition of that Directive, extended by two years.

                     (5)

                     To ensure consistency with the transitional measures applicable to the Member States pursuant to Article 38 of Directive (EU) 2017/2397, the transitional measures applicable to certificates of qualification, service record books and logbooks issued by third countries and recognised by the Member States should not apply beyond 17 January 2032. Moreover, the recognition of such certificates of qualification, service record books and logbooks should be restricted to the Union inland waterways situated in the Member State concerned.

                     (6)

                     In order to ensure consistency with the transitional measures applicable to certificates of qualification issued by Member States, it is appropriate to clarify that as regards third-country certificates, the requirements referred to in Article 10(3) of Directive (EU) 2017/2397 also include the requirements for the exchange of the existing certificates set out in Article 38(1) and (3) of that Directive.

                     (7)

                     Therefore, in order to provide inland waterway transport companies and workers with legal clarity and certainty, Directive (EU) 2017/2397 should be amended accordingly.

                     (8)

                     In accordance with Article 39(4) of Directive (EU) 2017/2397, Member States where inland waterway navigation is not technically possible are not obliged to transpose that Directive. That derogation should apply to this Directive, mutatis mutandis.

                     (9)

                     Since the objective of this Directive, namely setting out transitional measures for the recognition of third-country certificates, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, 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.

                     (10)

                     In order to enable Member States to promptly proceed with the transposition of the measures for which this Directive provides, it should enter into force on the day following that of its publication in the Official Journal of the European Union,

               HAVE ADOPTED THIS DIRECTIVE:

            Article 1
            Directive (EU) 2017/2397 is amended as follows:

                        (1)

                        in Article 10, paragraph 3 is replaced by the following:

                           ‘3.   Without prejudice to paragraph 2 of this Article, any certificate of qualification, service record book or logbook that has been issued in accordance with the national rules of a third country laying down requirements that are identical to those of this Directive, including those set out in Article 38(1) and (3), shall be valid on all Union inland waterways, subject to the procedure and the conditions set out in paragraphs 4 and 5 of this Article.’;

                        (2)

                        in Article 38, the following paragraph is added:

                           ‘7.   Until 17 January 2032, Member States may continue to recognise, on the basis of their national requirements, or international agreements, applicable before 16 January 2018, certificates of qualification, service record books and logbooks that have been issued by a third country before 18 January 2024. The recognition shall be limited to the inland waterways on the territory of the Member State concerned.’.

            Article 2

               1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 17 January 2022. 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.
               The derogation laid down in Article 39(4) of Directive (EU) 2017/2397 shall apply to this Directive, mutatis mutandis.

               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 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 Brussels, 14 July 2021.

                  For the European Parliament

                  The President

               D. M. SASSOLI

                  For the Council

                  The President

               A. LOGAR

            (1)  OJ C 220, 9.6.2021, p. 87.

            (2)  Position of the European Parliament of 6 July 2021 (not yet published in the Official Journal) and decision of the Council of 13 July 2021.

            (3)  Directive (EU) 2017/2397 of the European Parliament and of the Council of 12 December 2017 on the recognition of professional qualifications in inland navigation and repealing Council Directives 91/672/EEC and 96/50/EC (OJ L 345, 27.12.2017, p. 53).

            (4)  Council Directive 96/50/EC of 23 July 1996 on the harmonization of the conditions for obtaining national boatmasters’ certificates for the carriage of goods and passengers by inland waterway in the Community (OJ L 235, 17.9.1996, p. 31).


title: Directive (EU) 2022/228 of the European Parliament and of the Council of 16 February 2022 amending Directive 2014/41/EU, as regards its alignment with Union rules on the protection of personal data

text:
                  21.2.2022

                  EN

                  Official Journal of the European Union

                  L 39/1

         DIRECTIVE (EU) 2022/228 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         of 16 February 2022
         amending Directive 2014/41/EU, as regards its alignment with Union rules on the protection of personal data
         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 16(2) thereof,
         Having regard to the proposal from the European Commission,
         After transmission of the draft legislative act to the national parliaments,
         Acting in accordance with the ordinary legislative procedure (1),
         Whereas:

                     (1)

                     Pursuant to Article 62(6) of Directive (EU) 2016/680 of the European Parliament and of the Council (2), the Commission is to review legal acts adopted by the Union, other than that Directive, which regulate the processing of personal data by the competent authorities for the purposes set out in Article 1(1) of that Directive. The purpose of that review is to assess the need to align those legal acts with that Directive and to make, where appropriate, the necessary proposals to amend them in order to ensure a consistent approach to the protection of personal data within the scope of that Directive. That review has led to the identification of Directive 2014/41/EU of the European Parliament and of the Council (3) as one of the legal acts to be amended.

                     (2)

                     The processing of personal data under Directive 2014/41/EU involves the processing, exchange and subsequent use of relevant information for the purposes set out in Article 82 of the Treaty on the Functioning of the European Union (TFEU). In the interests of consistency and the effective protection of personal data, the processing of personal data under Directive 2014/41/EU should comply with Directive (EU) 2016/680, where that latter Directive applies. As regards the processing of personal data in relation to proceedings as referred to in Article 4, points (b), (c) and (d), of Directive 2014/41/EU, where Directive (EU) 2016/680 does not apply, Regulation (EU) 2016/679 of the European Parliament and of the Council (4) applies.

                     (3)

                     In accordance with Articles 1 and 2 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union (TEU) and to the TFEU, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Directive and is not bound by it or subject to its application.

                     (4)

                     In accordance with Articles 1, 2 and 2a of Protocol No 22 on the position of Denmark annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application.

                     (5)

                     The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (5) and delivered an opinion on 10 March 2021.

                     (6)

                     Directive 2014/41/EU should therefore be amended accordingly,

               HAVE ADOPTED THIS DIRECTIVE:

            Article 1
            Amendment to Directive 2014/41/EU
            In Directive 2014/41/EU, Article 20 is deleted.

            Article 2
            Transposition

               1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 14 March 2023. They shall immediately inform the Commission thereof.
               When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such 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 measures of national law which they adopt in the field covered by this Directive.

            Article 3
            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 4
            Addressees
            This Directive is addressed to the Member States in accordance with the Treaties.

            Done at Strasbourg, 16 February 2022.

                  For the European Parliament

                  The President

               R. METSOLA

                  For the Council

                  The President

               C. BEAUNE

            (1)  Position of the European Parliament of 14 December 2021 (not yet published in the Official Journal) and decision of the Council of 25 January 2022.

            (2)  Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

            (3)  Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters (OJ L 130, 1.5.2014, p. 1).

            (4)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

            (5)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).


title: Commission Implementing Directive (EU) 2021/1927 of 5 November 2021 amending Annexes I and II to Council Directive 66/402/EEC as regards requirements for seeds of hybrid wheat produced by means of cytoplasmic male sterility (Text with EEA relevance)

text:
                  8.11.2021

                  EN

                  Official Journal of the European Union

                  L 393/13

         COMMISSION IMPLEMENTING DIRECTIVE (EU) 2021/1927
         of 5 November 2021
         amending Annexes I and II to Council Directive 66/402/EEC as regards requirements for seeds of hybrid wheat produced by means of cytoplasmic male sterility
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (1), and in particular Article 21b thereof,
         Whereas:

                     (1)

                     Directive 66/402/EEC establishes rules on the production and marketing of cereal seeds in the Union. In the case of seeds of hybrid wheat, the only techniques to produce hybrid seed provided for by that Directive are the ones of direct crossing and chemical hybridization.

                     (2)

                     In the recent years, however, cytoplasmic male sterility (‘CMS’) has been accepted worldwide as a breeding technique for the production of hybrids of cereal seed varieties. Relevant rules regarding the CMS production technique are already in force for barley, as the production of hybrid seeds with CMS was put into practice several years ago.

                     (3)

                     Barley and wheat are self-pollinating by nature and are produced in blend cultivation. Taking into account the technical similarities between the production of seeds of hybrids of barley and wheat, and the needs of the users of hybrid seeds, it is appropriate to set out conditions for seeds of hybrid wheat similar to those applying for the seeds of hybrids of barley. Experience shows that the specific blend production system of hybrid wheat such as Triticum aestivum subsp. aestivum, Triticum turgidum subsp. durum, Triticum aestivum subsp. spelta, applied in the field, in combination with the weather related risks during the flowering period, require a reduction of the varietal purity standard to 85 %, in case CMS is applied, allowing stable seed production under less favorable weather conditions. Therefore, it is appropriate to allow a lower level of varietal purity for the seeds of hybrid wheat produced with CMS than the level required for other hybrids of seeds.

                     (4)

                     The experience with other seeds of CMS produced hybrids shows that at the beginning of a new production scheme it is important to test the technical requirements in force. Therefore, the requirements for varieties should be applicable on a temporary basis until 31 August 2029, to allow the breeders to adapt the production of hybrid wheat in a blend system. Such approach is necessary to minimize any risks of this production scheme and provide farmers with a new type of wheat varieties. That time limit should be sufficient to enable breeders and certification authorities to gain the necessary knowledge for the application of the technical requirements for the production of hybrid wheat seeds, and to review those requirements.

                     (5)

                     In order for the Commission and the Member States to obtain adequate knowledge about the application of the CMS, and to allow for the review of the respective rules, the responsible certification authority should report every year to the Commission and to the other Member States, until 28 February 2030, the results of the preceding year concerning the quantity of produced hybrid seeds and the percentage of seed lots which have been rejected due to insufficient quality parameters.

                     (6)

                     Annexes I and II to Directive 66/402/EEC should therefore be amended accordingly.

                     (7)

                     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 66/402/EEC
            Annexes I and II to Directive 66/402/EEC are amended in accordance with the Annex to this Directive.

            Article 2
            Transposition

               1.   Member States shall adopt and publish, by 31 August 2022 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 September 2022 until 31 August 2029.
               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 3
            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 4
            Addressees
            This Directive is addressed to the Member States.

            Done at Brussels, 5 November 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ 125, 11.7.1966, p. 2309.

            ANNEX
            Annexes I and II to Directive 66/402/EEC are amended as follows:

                        (1)

                        Annex I is amended as follows:

                                    (a)

                                    the first sentence of point 5 is replaced by the following:
                                    ‘Crops to produce certified seed of hybrids of Avena nuda, Avena sativa, Avena strigosa, Oryza sativa and self-pollinating xTriticosecale and crops to produce certified seed of hybrids of Hordeum vulgare, Triticum aestivum subsp. aestivum, Triticum aestivum subsp. spelta, Triticum turgidumsubsp. durum, by means of a technique other than Cytoplasmic Male Sterility (‘CMS’);’

                                    (b)

                                    the following point is inserted between points 5a and 6:

                                                ‘5b.

                                                Crops to produce basic and certified seed of hybrids of Triticum aestivum subsp. aestivum, Triticum aestivum subsp. spelta, Triticum turgidum subsp. durum by means of CMS:

                                                            (a)

                                                            The crop shall conform to the following standards as regards distances from neighboring sources of pollen, which may result in undesirable foreign pollination:

                                                                        Crop

                                                                        Minimum distance

                                                                        For the CMS female component for the production of basic seed

                                                                        300  m

                                                                        For the production of certified seed

                                                                        25  m

                                                            (b)

                                                            The crop shall have sufficient varietal identity and purity as regards the characteristics of the components.
                                                            In particular, the crop shall conform to the following standards:

                                                                        (i)

                                                                        The percentage by number of plants, which are obviously not true to type, shall not exceed:

                                                                                —

                                                                                for the crops used to produce basic seed, 0,1 % for the maintainer and the restorer line and 0,3 % for the CMS female component;

                                                                                —

                                                                                for the crops used to produce certified seed, 0,3 % for the restorer and 0,6 % for the CMS female component and 1 % in case the CMS female component is a single hybrid.

                                                                        (ii)

                                                                        The level of male sterility of the female component shall be at least:

                                                                                —

                                                                                99,7 % for crops used to produce basic seed;

                                                                                —

                                                                                99 % for crops used to produce certified seed.

                                                                        (iii)

                                                                        The conformity with the requirements of points (i) and (ii) shall be examined by official post control test.

                                                            (c)

                                                            Certified seed may be produced in mixed cultivation of a female male-sterile component with a male component, which restores fertility.

                                          The responsible certification authority shall report by 28 February of each year to the Commission and the other Member States the results of the preceding year concerning the quantity of produced hybrid seeds, compliance of the field inspections with the respective requirements, the percentage of seed lots, which have been rejected due to insufficient quality parameters, and any further information justifying that rejection This reporting obligation shall be applicable until 28 February 2030.’

                        (2)

                        Point 1 of Annex II is amended as follows:

                                    (a)

                                    Section C is replaced by the following:

                                                ‘C.

                                                   Hybrids of Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum aestivum subsp. aestivum, Triticum aestivum subsp. spelta, Triticum turgidum subsp. durum and self-pollinating xTriticosecale

                                                The minimum varietal purity of the seed of the category certified seed shall be 90 %.
                                                In case of Hordeum vulgare, Triticum aestivum subsp. aestivum, Triticum aestivum subsp. spelta, Triticum turgidum subsp. durum produced by means of CMS, it shall be 85 %. Impurities other than the restorer shall not exceed 2 %.
                                                The minimum varietal purity shall be examined in official post control test on an appropriate proportion of samples.
                                                The responsible certification authority shall report by 28 February of each year to the Commission and the other Member States the results of the preceding year concerning the quantity of produced hybrid seeds of Triticum aestivum subsp. aestivum, Triticum aestivum subsp. spelta and Triticum turgidum subsp. durum, and the percentage of seed lots which have been rejected due to insufficient quality parameters, results of the post-control testand any further information justifying that rejection. This reporting obligation shall be applicable until 28 February 2030.’

                                    (b)

                                    The heading of Section E is replaced by the following:

                                                ‘E.

                                                   Hybrids of Secale cereale and CMS-hybrids of Hordeum vulgare, Triticum aestivum subsp. aestivum, Triticum aestivum subsp. spelta, Triticum turgidum subsp. durum
                                                   ’.