title: Commission Implementing Regulation (EU) 2020/581 of 27 April 2020 amending Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae (Text with EEA relevance)

text:
                  28.4.2020

                  EN

                  Official Journal of the European Union

                  L 133/52

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/581
         of 27 April 2020
         amending Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (1), and in particular Article 17(3) thereof,
         Having regard to Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importation from third countries of equidae (2), and in particular Article 12(1) and (4), Article 13(2), Article 16 and Article 19(b) thereof,
         Whereas:

                     (1)

                     Commission Implementing Regulation (EU) 2018/659 (3) lays down the conditions for entry into the Union of equidae and of semen, ova and embryos of equidae. It sets out the list of third countries from where Member States are to authorise the entry of equidae and of semen, ova and embryos of animals of the equine species, and specifies the animal health and veterinary certification conditions for such entries.

                     (2)

                     Directive 2009/156/EC lays down the animal health requirements governing imports of equidae into the Union. It provides that imports of equidae into the Union are only authorised from third countries or parts of the territory thereof which have been free from glanders (Burgholderia mallei) for a period of at least six months.

                     (3)

                     On 25 December 2019, Turkey notified through the Animal Disease Notification System, that a case of glanders was confirmed on 4 December 2019 in a horse on the Büyükada Island, Province of Istanbul, Turkey. The entry into the Union of equidae and of germinal products of equidae from Turkey should be suspended for a period of at least 6 months. It is therefore necessary to amend the entry for Turkey in Annex I to Implementing Regulation (EU) 2018/659.

                     (4)

                     A new Show Jumping League has been established in the United Arab Emirates under the auspices of the Fédération Equestre Internationale (‘FEI’) which includes qualifying tests for the Show Jumping World Cup. Based on the animal health guarantees provided by the United Arab Emirates, adding the series of show jumping competitions of the United Arab Emirates International Show Jumping League to the list of events for which the re-entry into the Union after a temporary export of less than 90 days is authorised is justified. It is therefore necessary to amend the model health certificate and the model declaration set out in Chapter 1 of Section B of Part 2 of Annex II to Implementing Regulation (EU) 2018/659.

                     (5)

                     Implementing Regulation (EU) 2018/659 should therefore be amended accordingly.

                     (6)

                     In order to avoid a negative impact on trade, it is necessary to provide for a transitional period until 31 October 2020 during which animal health certificates issued in accordance with Implementing Regulation (EU) 2018/659, as amended by Implementing Regulation (EU) 2019/2147 (4), shall be accepted provided they are issued prior to 21 October 2020.

                     (7)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Implementing Regulation (EU) 2018/659 is amended as follows:

                        (1)

                        In Annex I, the entry for Turkey is amended in accordance with Annex I to this Regulation.

                        (2)

                        In Annex II, Chapter 1 of Section B of Part 2 is replaced by the text set out in Annex II to this Regulation.

            Article 2
            Until 31 October 2020, Member States shall authorise the re-entry into the Union of registered horses accompanied by the relevant animal health certificate drawn up in accordance with the model health certificate set out in Chapter 1 of Section B of Part 2 of Annex II to Implementing Regulation (EU) 2018/659, as amended by Implementing Regulation (EU) 2019/2147, provided that the animal health certificate was issued prior to 21 October 2020.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 27 April 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 268, 14.9.1992, p. 54.

            (2)  OJ L 192, 23.7.2010, p. 1.

            (3)  Commission Implementing Regulation (EU) 2018/659 of 12 April 2018 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae (OJ L 110, 30.4.2018, p. 1).

            (4)  Commission Implementing Regulation (EU) 2019/2147 of 28 November 2019 amending and correcting Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae (OJ L 325, 16.12.2019, p. 99).

            ANNEX I
            In Annex I to Implementing Regulation (EU) 2018/659, in the list of third countries and parts of the territory of third countries from which the entry into the Union of consignments of equidae and of semen, ova and embryos of equidae is authorised, the entry for Turkey is replaced by the following:

                           ‘TR

                           Turkey

                           TR-0

                           Whole country

                           —

                           —

                           —

                           —

                           —

                           —

                           —

                           —

                           —

                           —

                           —

                           TR-1

                           Provinces of Ankara, Edirne, Istanbul, Izmir, Kirklareli and Tekirdag

                           E

                           —

                           —

                           —

                           —

                           —

                           —

                           —

                           —

                           —

                           —’

            ANNEX II
            In Section B of Part 2 of Annex II to Implementing Regulation (EU) 2018/659, Chapter 1 is replaced by the following:

               ‘Chapter 1

               Model health certificate and model declaration applicable to re-entry into the Union of registered horses for competition after temporary export for a period of not more than 90 days to participate in equestrian events organised under the auspices of the Fédération Equestre Internationale (FEI)
               (Test event in preparation of the Olympic Games, Olympic Games, Paralympics, World Equestrian Games/World Championship, Asian Equestrian Games, American Equestrian Games (including the PanAmerican Games, South American Games, Central American and Caribbean Games), Endurance World Cup in United Arab Emirates, LG Global Champions Tour, United Arab Emirates International Show Jumping League)


title: Commission Implementing Regulation (EU) 2020/585 of 27 April 2020 concerning a coordinated multiannual control programme of the Union for 2021, 2022 and 2023 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (Text with EEA relevance)

text:
                  29.4.2020

                  EN

                  Official Journal of the European Union

                  L 135/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/585
         of 27 April 2020
         concerning a coordinated multiannual control programme of the Union for 2021, 2022 and 2023 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), in particular Article 29(2) thereof,
         Whereas:

                     (1)

                     Commission Regulation (EC) No 1213/2008 (2) established a first coordinated multiannual Community control programme, covering the years 2009, 2010 and 2011. That programme continued under consecutive Commission Regulations. The latest one was Commission Implementing Regulation (EU) 2019/533 (3).

                     (2)

                     Thirty to forty foodstuffs constitute the major components of the diet in the Union. Since pesticide uses show significant changes over a period of three years, pesticides should be monitored in those foodstuffs over a series of three-year cycles to allow consumer exposure and the application of Union legislation to be assessed.

                     (3)

                     The European Food Safety Authority (‘the Authority’) submitted a scientific report on a design assessment of the pesticide monitoring program. It concluded that an MRL exceedance rate above 1 % could be estimated with a margin of error of 0,75 % by selecting 683 sample units for a minimum of 32 different food items. (4) Collection of those samples should be apportioned among Member States according to population numbers, with a minimum of 12 samples per product and per year.

                     (4)

                     Analytical results from the previous official control programmes of the Union have been taken into account to ensure that the range of pesticides covered by the control programme is representative for the pesticides used.

                     (5)

                     Guidance concerning ‘Analytical quality control and validation procedures for pesticide residues analysis in food and feed’ is published on the Commission website (5).

                     (6)

                     Where the residue definition of a pesticide includes other active substances, metabolites and/or breakdown or reaction products, those compounds should be reported separately as far as they are measured individually (6).

                     (7)

                     Implementing measures, such as the Standard Sample Description version 2 (SSD2) and the Chemical Monitoring Reporting Guideline, for submitting results of pesticide residues analysis, relating to the submission of information by Member States have been agreed by Member States, the Commission and the Authority.

                     (8)

                     For the sampling procedures, Commission Directive 2002/63/EC (7), which incorporates the sampling methods and procedures recommended by the Codex Alimentarius Commission, should apply.

                     (9)

                     It is necessary to assess whether maximum residue levels for food for infants and young children provided for in Article 10 of Commission Directive 2006/141/EC (8), Article 7 of Commission Directive 2006/125/EC (9) and Article 4 of Commission Delegated Regulation (EU) 2016/127 (10) are respected, taking into account only the residue definitions as they are set out in Regulation (EC) No 396/2005.

                     (10)

                     As regards single residue methods, Member States may be able to meet their obligations of analysis by having recourse to official laboratories already having the validated methods required.

                     (11)

                     Member States should submit by 31 August of each year the information concerning the previous calendar year.

                     (12)

                     In order to avoid any confusion due to an overlap between consecutive multiannual programmes, Implementing Regulation (EU) 2019/533 should be repealed in the interest of legal certainty. It should, however, continue to apply to samples tested in 2020.

                     (13)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Member States (*1) shall, during the years 2021, 2022 and 2023, take and analyse samples for the pesticide/product combinations, as set out in Annex I.
            The number of samples of each product, including foods for infants and young children and products originating from organic farming, shall be as set out in Annex II.

            Article 2

               1.   The lot to be sampled shall be chosen randomly.
               The sampling procedure, including the number of units, shall comply with Directive 2002/63/EC.

               2.   All samples, including those of foods intended for infants and young children and products originating from organic farming, shall be analysed for the pesticides set out in Annex I in accordance with the residue definitions set out in Regulation (EC) No 396/2005.

               3.   For foods intended for infants and young children, samples shall be evaluated on the products as proposed ready for consumption or as reconstituted according to the instructions of the manufacturers, taking into account the MRLs set out in Directives 2006/125/EC and 2006/141/EC and in Delegated Regulation (EU) 2016/127. Where such foods can be consumed both as sold and as reconstituted, the results shall be reported on the non-reconstituted product as sold.

            Article 3
            Member States shall submit the results of the analysis of samples tested in 2021, 2022 and 2023 by 31 August 2022, 2023 and 2024 respectively. Those results shall be submitted in the electronic reporting format as set out by EFSA.
            Where the residue definition of a pesticide includes more than one compound (active substance and/or metabolite or breakdown or reaction product), Member States shall report the analysis results in accordance with the full residue definition. In addition, the results of all analytes that are part of the residue definition shall be submitted separately, as far as they are measured individually.

            Article 4
            Implementing Regulation (EU) 2019/533 is repealed.
            However, as regards samples tested in 2020, it shall continue to apply until 1 September 2021.

            Article 5
            This Regulation shall enter into force on 1 January 2021.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 27 April 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 70, 16.3.2005, p. 1.

            (2)  Commission Regulation (EC) No 1213/2008 of 5 December 2008 concerning a coordinated multiannual Community control programme for 2009, 2010 and 2011 to ensure compliance with maximum residue levels of and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (OJ L 328, 6.12.2008, p. 9).

            (3)  Commission Implementing Regulation (EU) 2019/533 of 28 March 2019 concerning a coordinated multiannual control programme of the Union for 2020, 2021 and 2022 to ensure compliance with maximum levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin (OJ L 88, 29.3.2019, p. 28).

            (4)  European Food Safety Authority; pesticide monitoring program: design assessment. EFSA Journal 2015;13(2):4005.

            (5)  Document No. SANTE/12682/2019.
         https://ec.europa.eu/food/sites/food/files/plant/docs/pesticides_mrl_guidelines_wrkdoc_2019-12682.pdf in its most recent version.

            (6)  SANCO/12574/2014, Working Document on the summing up of LOQs in case of complex residue definitions.

            (7)  Commission Directive 2002/63/EC of 11 July 2002 establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EEC (OJ L 187, 16.7.2002, p. 30).

            (8)  Commission Directive 2006/141/EC of 22 December 2006 on infant formulae and follow-on formulae and amending Directive 1999/21/EC (OJ L 401, 30.12.2006, p. 1).

            (9)  Commission Directive 2006/125/EC of 5 December 2006 on processed cereal-based foods and baby foods for infants and young children (OJ L 339, 6.12.2006, p. 16).

            (10)  Commission Delegated Regulation (EU) 2016/127 of 25 September 2015 supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for infant formula and follow-on formula and as regards requirements on information relating to infant and young child feeding (OJ L 25, 2.2.2016, p. 1).

            (*1)  Pursuant to Article 5(4) and Section 24 of Annex 2 of the Protocol on Ireland/Northern Ireland, which is an integral part of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, this Regulation applies to and in the United Kingdom in respect of Northern Ireland and references to Member States are read as including the United Kingdom in respect of Northern Ireland as long as that Protocol applies.

            ANNEX I

               Part A: Products of plant origin (1)
               to be sampled in 2021, 2022 and 2023

                        2021

                        2022

                        2023

                        (b)

                        (c)

                        (a)

                        Table grapes (2)

                        Apples (2)

                        Oranges (2)

                        Bananas (2)

                        Strawberries (2)

                        Pears (2)

                        Grapefruits (2)

                        Peaches, including nectarines and similar hybrids (2)

                        Kiwi fruits (2)

                        Aubergines (2)

                        Wine (red or white) made from grapes. (If no specific processing factors for wine are available, Member States are requested to report the wine processing factors used.)

                        Cauliflowers (2)

                        Broccoli (2)

                        Lettuces (2)

                        Onions (2)

                        Melons (2)

                        Head cabbages (2)

                        Carrots (2)

                        Cultivated fungi (2)

                        Tomatoes (2)

                        Potatoes (2)

                        Sweet peppers/bell peppers (2)

                        Spinaches (2)

                        Beans (dried) (2)

                        Wheat grain (3)

                        Oat grain (3) (4)

                        Rye grain (3)

                        Virgin olive oil (If no specific oil processing factor is available, Member States are requested to report the processing factors used.)

                        Barley grain (3) (5)

                        Brown rice (husked rice), defined as rice after the removal of the hull from paddy rice (6)

               Part B: Products of animal origin1 to be sampled in 2021, 2022 and 2023

                        2021

                        2022

                        2023

                        (d)

                        (e)

                        (f)

                        Bovine fat (2) (7)

                        Cow’s milk (8)

                        Poultry fat (2)(7)

                        Chicken eggs (2) (9)

                        Swine fat (2)(7)

                        Bovine Liver (2)

               Part C: Pesticide/product combinations to be monitored in/on products of plant origin

                        2021

                        2022

                        2023

                        Remarks

                        2,4-D

                        (b)

                        (c)

                        (a)

                        It shall only be analysed in and on grapefruits, table grapes, aubergines and broccoli in 2021; in and on lettuces, spinaches and tomatoes in 2022; in and on oranges, cauliflowers, brown rice and dried beans in 2023.

                        2-Phenylphenol

                        (b)

                        (c)

                        (a)

                        Abamectin

                        (b)

                        (c)

                        (a)

                        Acephate

                        (b)

                        (c)

                        (a)

                        Acetamiprid

                        (b)

                        (c)

                        (a)

                        Acrinathrin

                        (b)

                        (c)

                        (a)

                        Aldicarb

                        (b)

                        (c)

                        (a)

                        Aldrin and dieldrin

                        (b)

                        (c)

                        (a)

                        Ametoctradin

                        (b)

                        (c)

                        (a)

                        Azinphos-methyl

                        (b)

                        (c)

                        (a)

                        Azoxystrobin

                        (b)

                        (c)

                        (a)

                        Bifenthrin

                        (b)

                        (c)

                        (a)

                        Biphenyl

                        (b)

                        (c)

                        (a)

                        Bitertanol

                        (b)

                        (c)

                        (a)

                        Boscalid

                        (b)

                        (c)

                        (a)

                        Bromide ion

                        (b)

                        (c)

                        (a)

                        It shall only be analysed in and on sweet peppers in 2021; in and on lettuces and tomatoes in 2022; in and on brown rice in 2023.

                        Bromopropylate

                        (b)

                        (c)

                        (a)

                        Bupirimate

                        (b)

                        (c)

                        (a)

                        Buprofezin

                        (b)

                        (c)

                        (a)

                        Captan

                        (b)

                        (c)

                        (a)

                        Carbaryl

                        (b)

                        (c)

                        (a)

                        Carbendazim and benomyl

                        (b)

                        (c)

                        (a)

                        Carbofuran

                        (b)

                        (c)

                        (a)

                        Chlorantraniliprole

                        (b)

                        (c)

                        (a)

                        Chlorfenapyr

                        (b)

                        (c)

                        (a)

                        Chlormequat

                        (b)

                        (c)

                        (a)

                        It shall only be analysed in and on aubergines, table grapes, cultivated fungi and wheat in 2021; in and on tomatoes and oat in 2022; in and on carrots, pears, rye and brown rice in 2023.

                        Chlorothalonil

                        (b)

                        (c)

                        (a)

                        Chlorpropham

                        (b)

                        (c)

                        (a)

                        Chlorpyrifos

                        (b)

                        (c)

                        (a)

                        Chlorpyrifos-methyl

                        (b)

                        (c)

                        (a)

                        Clofentezine

                        (b)

                        (c)

                        (a)

                        Clothianidin

                        (b)

                        (c)

                        (a)

                        Cyazofamid

                        (b)

                        (c)

                        (a)

                        Cyflufenamid

                        (b)

                        (c)

                        (a)

                        Cyfluthrin

                        (b)

                        (c)

                        (a)

                        Cymoxanil

                        (b)

                        (c)

                        (a)

                        Cypermethrin

                        (b)

                        (c)

                        (a)

                        Cyproconazole

                        (b)

                        (c)

                        (a)

                        Cyprodinil

                        (b)

                        (c)

                        (a)

                        Cyromazine

                        (b)

                        (c)

                        (a)

                        It shall only be analysed in and on aubergines, sweet peppers, melons and cultivated fungi in 2021; in and on lettuces and tomatoes in 2022; in and on potatoes, onions and carrots in 2023.

                        Deltamethrin

                        (b)

                        (c)

                        (a)

                        Diazinon

                        (b)

                        (c)

                        (a)

                        Dichlorvos

                        (b)

                        (c)

                        (a)

                        Dicloran

                        (b)

                        (c)

                        (a)

                        Dicofol

                        (b)

                        (c)

                        (a)

                        Diethofencarb

                        (b)

                        (c)

                        (a)

                        Difenoconazole

                        (b)

                        (c)

                        (a)

                        Diflubenzuron

                        (b)

                        (c)

                        (a)

                        Dimethoate

                        (b)

                        (c)

                        (a)

                        Dimethomorph

                        (b)

                        (c)

                        (a)

                        Diniconazole

                        (b)

                        (c)

                        (a)

                        Diphenylamine

                        (b)

                        (c)

                        (a)

                        Dithianon

                        (b)

                        (c)

                        (a)

                        It shall only be analysed in and on table grapes in 2021; in and on apples and peaches in 2022; in and on pears and brown rice in 2023.

                        Dithiocarbamates

                        (b)

                        (c)

                        (a)

                        It shall be analysed in and on all listed commodities except broccoli, cauliflowers, head cabbages, olive oil, wine and onions.

                        Dodine

                        (b)

                        (c)

                        (a)

                        Emamectin benzoate B1a, expressed as emamectin

                        (b)

                        (c)

                        (a)

                        Endosulfan

                        (b)

                        (c)

                        (a)

                        Epoxiconazole

                        (b)

                        (c)

                        (a)

                        Ethephon

                        (b)

                        (c)

                        (a)

                        It shall only be analysed in and on sweet peppers, wheat and table grapes in 2021; in and on apples, peaches, tomatoes and wine in 2022; in and on oranges and pears in 2023.

                        Ethion

                        (b)

                        (c)

                        (a)

                        Ethirimol

                        (b)

                        (c)

                        (a)

                        Etofenprox

                        (b)

                        (c)

                        (a)

                        Etoxazole

                        (b)

                        (c)

                        (a)

                        Famoxadone

                        (b)

                        (c)

                        (a)

                        Fenamidone

                        (b)

                        (c)

                        (a)

                        Fenamiphos

                        (b)

                        (c)

                        (a)

                        Fenarimol

                        (b)

                        (c)

                        (a)

                        Fenazaquin

                        (b)

                        (c)

                        (a)

                        Fenbuconazole

                        (b)

                        (c)

                        (a)

                        Fenbutatin oxide

                        (b)

                        (c)

                        (a)

                        It shall only be analysed in and on aubergines, grapefruits, sweet peppers and table grapes in 2021; in and on apples, strawberries, peaches, tomatoes and wine in 2022; in and on oranges and pears in 2023.

                        Fenhexamid

                        (b)

                        (c)

                        (a)

                        Fenitrothion

                        (b)

                        (c)

                        (a)

                        Fenoxycarb

                        (b)

                        (c)

                        (a)

                        Fenpropathrin

                        (b)

                        (c)

                        (a)

                        Fenpropidin

                        (b)

                        (c)

                        (a)

                        Fenpropimorph

                        (b)

                        (c)

                        (a)

                        Fenpyrazamine

                        (b)

                        (c)

                        (a)

                        Fenpyroximate

                        (b)

                        (c)

                        (a)

                        Fenthion

                        (b)

                        (c)

                        (a)

                        Fenvalerate

                        (b)

                        (c)

                        (a)

                        Fipronil

                        (b)

                        (c)

                        (a)

                        Flonicamid

                        (b)

                        (c)

                        (a)

                        Fluazifop-P

                        (b)

                        (c)

                        (a)

                        It shall only be analysed in and on aubergines, broccoli, sweet peppers and wheat in 2021; in and on strawberries, head cabbages, lettuces, spinaches and tomatoes in 2022; in and on cauliflowers, dried beans, potatoes and carrots in 2023.

                        Flubendiamide

                        (b)

                        (c)

                        (a)

                        Fludioxonil

                        (b)

                        (c)

                        (a)

                        Flufenoxuron

                        (b)

                        (c)

                        (a)

                        Fluopicolide

                        (b)

                        (c)

                        (a)

                        Fluopyram

                        (b)

                        (c)

                        (a)

                        Fluquinconazole

                        (b)

                        (c)

                        (a)

                        Flusilazole

                        (b)

                        (c)

                        (a)

                        Flutriafol

                        (b)

                        (c)

                        (a)

                        Fluxapyroxad

                        (b)

                        (c)

                        (a)

                        Folpet

                        (b)

                        (c)

                        (a)

                        Formetanate

                        (b)

                        (c)

                        (a)

                           Fosetyl-Al

                        (b)

                        (c)

                        (a)

                        Fosthiazate

                        (b)

                        (c)

                        (a)

                        Glyphosate

                        (b)

                        (c)

                        (a)

                           Glufosinate ammonium

                        (b)

                        (c)

                        (a)

                        Haloxyfop including haloxyfop-P

                        (b)

                        (c)

                        (a)

                        It shall only be analysed in and on broccoli, grapefruits, sweet peppers and wheat in 2021; in and on strawberries and head cabbages in 2022; in and on dried beans in 2023.

                        Hexaconazole

                        (b)

                        (c)

                        (a)

                        Hexythiazox

                        (b)

                        (c)

                        (a)

                        Imazalil

                        (b)

                        (c)

                        (a)

                        Imidacloprid

                        (b)

                        (c)

                        (a)

                        Indoxacarb

                        (b)

                        (c)

                        (a)

                        Iprodione

                        (b)

                        (c)

                        (a)

                        Iprovalicarb

                        (b)

                        (c)

                        (a)

                        Isocarbophos

                        (b)

                        (c)

                        (a)

                        Isoprothiolane

                        (a)

                        The substance is not to be analysed in or on any product in 2021 and 2022. It shall only be analysed in and on brown rice in 2023.

                        Kresoxim-methyl

                        (b)

                        (c)

                        (a)

                        Lambda-cyhalothrin

                        (b)

                        (c)

                        (a)

                        Linuron

                        (b)

                        (c)

                        (a)

                        Lufenuron

                        (b)

                        (c)

                        (a)

                        Malathion

                        (b)

                        (c)

                        (a)

                        Mandipropamid

                        (b)

                        (c)

                        (a)

                        Mepanipyrim

                        (b)

                        (c)

                        (a)

                        Mepiquat

                        (b)

                        (c)

                        (a)

                        It shall only be analysed in and on cultivated fungi and wheat in 2021; in and on barley and oat in 2022; in and on pears, rye and brown rice in 2023.

                        Metalaxyl and metalaxyl-M

                        (b)

                        (c)

                        (a)

                        Methamidophos

                        (b)

                        (c)

                        (a)

                        Methidathion

                        (b)

                        (c)

                        (a)

                        Methiocarb

                        (b)

                        (c)

                        (a)

                        Methomyl

                        (b)

                        (c)

                        (a)

                        Methoxyfenozide

                        (b)

                        (c)

                        (a)

                        Metrafenone

                        (b)

                        (c)

                        (a)

                        Monocrotophos

                        (b)

                        (c)

                        (a)

                        Myclobutanil

                        (b)

                        (c)

                        (a)

                        Omethoate

                        (b)

                        (c)

                        (a)

                        Oxadixyl

                        (b)

                        (c)

                        (a)

                        Oxamyl

                        (b)

                        (c)

                        (a)

                        Oxydemeton-methyl

                        (b)

                        (c)

                        (a)

                        Paclobutrazole

                        (b)

                        (c)

                        (a)

                        Parathion methyl

                        (b)

                        (c)

                        (a)

                        Penconazole

                        (b)

                        (c)

                        (a)

                        Pencycuron

                        (b)

                        (c)

                        (a)

                        Pendimethalin

                        (b)

                        (c)

                        (a)

                        Permethrin

                        (b)

                        (c)

                        (a)

                        Phosmet

                        (b)

                        (c)

                        (a)

                        Pirimicarb

                        (b)

                        (c)

                        (a)

                        Pirimiphos-methyl

                        (b)

                        (c)

                        (a)

                           Prochloraz

                        (b)

                        (c)

                        (a)

                        Procymidone

                        (b)

                        (c)

                        (a)

                        Profenofos

                        (b)

                        (c)

                        (a)

                        Propamocarb

                        (b)

                        (c)

                        (a)

                        It shall be only analysed in and on table grapes, melons, aubergines, broccoli, sweet peppers and wheat in 2021; in and on strawberries, head cabbages, spinaches, lettuces, tomatoes and barley in 2022; in and on carrots, cauliflowers, onions and potatoes in 2023.

                        Propargite

                        (b)

                        (c)

                        (a)

                        Propiconazole

                        (b)

                        (c)

                        (a)

                        Propyzamide

                        (b)

                        (c)

                        (a)

                        Proquinazid

                        (b)

                        (c)

                        (a)

                        Prosulfocarb

                        (b)

                        (c)

                        (a)

                        Prothioconazole

                        (b)

                        (c)

                        (a)

                        It shall be only analysed in and on sweet peppers and wheat in 2021; in and on head cabbages, lettuces, tomatoes, oat and barley in 2022; in and on carrots, onions, rye and brown rice in 2023.

                        Pymetrozine

                        (b)

                        (c)

                        It shall only be analysed in and on aubergines, melons and sweet peppers in 2021; in and on head cabbages, lettuces, strawberries, spinaches and tomatoes in 2022. The substance is not to be analysed in or on any product in 2023.

                        Pyraclostrobin

                        (b)

                        (c)

                        (a)

                        Pyridaben

                        (b)

                        (c)

                        (a)

                           Pyridalyl

                        (b)

                        (c)

                        (a)

                        Pyrimethanil

                        (b)

                        (c)

                        (a)

                        Pyriproxyfen

                        (b)

                        (c)

                        (a)

                        Quinoxyfen

                        (b)

                        (c)

                        (a)

                        Spinosad

                        (b)

                        (c)

                        (a)

                           Spinetoram

                        (b)

                        (c)

                        (a)

                        Spirodiclofen

                        (b)

                        (c)

                        (a)

                        Spiromesifen

                        (b)

                        (c)

                        (a)

                        Spiroxamine

                        (b)

                        (c)

                        (a)

                        Spirotetramat

                        (b)

                        (c)

                        (a)

                        Tau-Fluvalinate

                        (b)

                        (c)

                        (a)

                        Tebuconazole

                        (b)

                        (c)

                        (a)

                        Tebufenozide

                        (b)

                        (c)

                        (a)

                        Tebufenpyrad

                        (b)

                        (c)

                        (a)

                        Teflubenzuron

                        (b)

                        (c)

                        (a)

                        Tefluthrin

                        (b)

                        (c)

                        (a)

                        Terbuthylazine

                        (b)

                        (c)

                        (a)

                        Tetraconazole

                        (b)

                        (c)

                        (a)

                        Tetradifon

                        (b)

                        (c)

                        (a)

                        Thiabendazole

                        (b)

                        (c)

                        (a)

                        Thiacloprid

                        (b)

                        (c)

                        (a)

                        Thiamethoxam

                        (b)

                        (c)

                        (a)

                        Thiophanate-methyl

                        (b)

                        (c)

                        (a)

                        Tolclofos-methyl

                        (b)

                        (c)

                        (a)

                        Triadimefon

                        (b)

                        (c)

                        (a)

                        Triadimenol

                        (b)

                        (c)

                        (a)

                        Thiodicarb

                        (b)

                        (c)

                        (a)

                        Triazophos

                        (b)

                        (c)

                        (a)

                        Tricyclazole

                        (b)

                        (c)

                        (a)

                        It shall only be analysed in and on rice.

                        Trifloxystrobin

                        (b)

                        (c)

                        (a)

                        Triflumuron

                        (b)

                        (c)

                        (a)

                        Vinclozolin

                        (b)

                        (c)

                        (a)

               Part D: Pesticide/product combinations to be monitored in/on products of animal origin

                        2021

                        2022

                        2023

                        Remarks

                        Aldrin and dieldrin

                        (d)

                        (e)

                        (f)

                        Bifenthrin

                        (d)

                        (e)

                        (f)

                        Chlordane

                        (d)

                        (e)

                        (f)

                        Chlorpyrifos

                        (d)

                        (e)

                        (f)

                        Chlorpyrifos-methyl

                        (d)

                        (e)

                        (f)

                        Cypermethrin

                        (d)

                        (e)

                        (f)

                        DDT

                        (d)

                        (e)

                        (f)

                        Deltamethrin

                        (d)

                        (e)

                        (f)

                        Diazinon

                        (d)

                        (e)

                        (f)

                        Endosulfan

                        (d)

                        (e)

                        (f)

                        Famoxadone

                        (d)

                        (e)

                        (f)

                        Fenvalerate

                        (d)

                        (e)

                        (f)

                        Fipronil

                        (d)

                        (e)

                        (f)

                        Glyphosate

                        (d)

                        (e)

                        (f)

                           Glufosinate ammonium

                        (d)

                        (e)

                        (f)

                        Heptachlor

                        (d)

                        (e)

                        (f)

                        Hexachlorobenzene

                        (d)

                        (e)

                        (f)

                        Hexachlorcyclohexan (HCH, Alpha-Isomer)

                        (d)

                        (e)

                        (f)

                        Hexachlorcyclohexan (HCH, Beta-Isomer)

                        (d)

                        (e)

                        (f)

                        Indoxacarb

                        (e)

                        It shall only be analysed in and on milk in 2022.

                        Lindane

                        (d)

                        (e)

                        (f)

                        Methoxychlor

                        (d)

                        (e)

                        (f)

                        Parathion

                        (d)

                        (e)

                        (f)

                           Pendimethalin

                        (d)

                        (e)

                        (f)

                        Permethrin

                        (d)

                        (e)

                        (f)

                        Pirimiphos-methyl

                        (d)

                        (e)

                        (f)

               (1)  For the raw commodities to be analysed, the parts of the products to which MRLs apply shall be analysed for the main product of the group or subgroup as listed in part A of Annex I to Reg. (EU) No 2018/62 unless stated otherwise.

               (2)  Unprocessed products shall be analysed. In case of products sampled in frozen state, a processing factor shall be reported, if applicable.

               (3)  If no sufficient samples of rye, wheat, oat or barley grains are available, also rye, wheat, oat or barley whole grain flour can be analysed and a processing factor shall be reported.

               (4)  If no sufficient samples of oat grains are available, the part of the required sample number for oat grains that could not be taken, can be added to the sample number for barley grains, resulting in a reduced sample number for oat grains and a proportionately increased sample number for barley grains.

               (5)  If no sufficient samples of barley grains are available, the part of the required sample number for barley grains that could not be taken, can be added to the sample number for oat grains, resulting in a reduced sample number for barley grains and a proportionately increased sample number for oat grains.

               (6)  Where appropriate, also polished rice grain can be analysed. It shall be reported to EFSA whether polished or husked rice was analysed. If polished rice was analysed, a processing factor shall be reported.

               (7)  Meat may also be sampled according to Table 3 of the Annex to Directive 2002/63/EC.

               (8)  Fresh (unprocessed) milk shall be analysed, including frozen, pasteurised, heated, sterilised or filtrated milk.

               (9)  Whole eggs without the shell shall be analysed.

            ANNEX II
            Number of samples referred to in Article 1

               (1)

                  The number of samples to be taken for each commodity and analysed for the pesticides listed in Annex I is set out in point (5).

               (2)
               In addition to the samples required in accordance with point (5), in 2021 each Member State shall take and analyse ten samples of processed cereal-based baby food.
               In addition to the samples required in accordance with point (5), in 2022 each Member State shall take and analyse ten samples of foods for infants and young children other than infant formulae, follow-on formulae and processed cereal-based baby food.
               In addition to the samples required in accordance with point (5), in 2023 each Member State shall take and analyse five samples of infant formulae and five samples of follow-on formulae.

               (3)

                  In accordance with point (5), samples from commodities originating from organic farming shall, where available, be taken in proportion to the market share of those commodities in each Member State with a minimum of 1.

               (4)
               Member States using multi-residue methods may use qualitative screening methods on up to 15 % of the samples to be taken and analysed in accordance with point (5). Where qualitative screening methods are used, the remaining number of samples shall be analysed by quantitative multi-residue methods.
               Where the results of qualitative screening are positive, Member States shall use a usual target method to quantify the findings.

               (5)
               Minimum number of samples per year per commodity:

                              BE

                              12

                              LT

                              12

                              BG

                              12

                              LU

                              12

                              CZ

                              12

                              HU

                              12

                              DK

                              12

                              MT

                              12

                              DE

                              97

                              NL

                              18

                              EE

                              12

                              AT

                              12

                              IE

                              12

                              PL

                              47

                              EL

                              12

                              PT

                              12

                              ES

                              50

                              RO

                              20

                              FR

                              71

                              SI

                              12

                              HR

                              12

                              SK

                              12

                              IT

                              69

                              FI

                              12

                              CY

                              12

                              SE

                              12

                              LV

                              12

                              UK in respect of Northern Ireland

                              71

                              Total Number of Samples: 683


title: Council Implementing Regulation (EU) 2020/582 of 28 April 2020 implementing Article 17(1) of Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic

text:
                  29.4.2020

                  EN

                  Official Journal of the European Union

                  L 137/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2020/582
         of 28 April 2020d
         implementing Article 17(1) of Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) No 224/2014 of 10 March 2014 concerning restrictive measures in view of the situation in the Central African Republic (1), and in particular Article 17(1) thereof,
         Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 10 March 2014, the Council adopted Regulation (EU) No 224/2014.

                     (2)

                     On 20 April 2020, the United Nations Security Council (UNSC) Committee established pursuant to UNSC Resolution 2127 (2013) added one person to the list of persons and entities subject to restrictive measures.

                     (3)

                     Annex I to Regulation (EU) No 224/2014 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Regulation (EU) No 224/2014 is hereby amended as set out in the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 28 April 2020

                  For the Council

                  The President

               G. GRLIĆ RADMAN

            (1)  OJ L 70, 11.3.2014, p. 1.

            ANNEX
            In the list set out in Part A (Persons) of Annex I to Regulation (EU) No 224/2014, the following person is added to.
            A.   Persons

               ‘13. Martin KOUMTAMADJI (alias: a) Abdoulaye Miskine b) Abdoullaye Miskine c) Martin Nadingar Koumtamadji d) Martin Nkoumtamadji e) Martin Koumta Madji f) Omar Mahamat)

                  Designation: President and commander-in-chief of the Front Démocratique du Peuple Centrafricain (FDPC)

                  Date of birth: a) 5 October 1965 b) 3 March 1965

                  Place of birth: a) Ndïnaba, Chad b) Kobo, Central African Republic (c) Kabo, Central African Republic

                  Nationality: a) Chad b) Central African Republic

                  Passport no: 06FBO2262 (CAR diplomatic passport) issued on 22 February 2007, expired on 21 February 2012

                  Address: Am Dafock, Vakaga prefecture, Central African Republic (last known location)

                  Date of UN designation:20 April 2020

                  Other information: Martin Koumtamadji founded the FDPC in 2005. He joined the Séléka coalition in December 2012 before leaving it in April 2013 after the rebels took power in Bangui. After being arrested in Cameroon, he was then transferred to Brazzaville in the Republic of Congo. He always remained in command of his troops on the ground in the CAR even when he was in Brazzaville before returning to the CAR (between November 2014 and 2019). The FDPC signed the Political Agreement for Peace and Reconciliation in the CAR on 6 February 2019 but Martin Koumtamadji remains a threat to the peace, stability and security of the CAR.

                  Information from the narrative summary of reasons for listing provided by the Sanctions Committee:

               President and commander-in-chief of the Front Démocratique du Peuple Centrafricain (FDPC, an armed group engaged in violent activities), Martin Koumatamadji has engaged in acts threatening the peace, stability and security of the CAR and, in particular, the implementation of the Political Agreement for Peace and Reconciliation in CAR signed on 6 February 2019 in Bangui.
               He refused the disarmament of FDPC combatants, as per his commitments as a signatory of the Political Agreement for Peace and Reconciliation in the CAR, and threatened to overthrow President Touadéra in July 2019.
               He began cooperating with sanctioned individual Nourredine Adam (CFi.002) in June 2019 and engaged in arms trafficking with a close associate of Nourredine Adam, in order to build up the military capabilities of the FDPC.
               He also made an offer to the Front Populaire pour la Renaissance de la Centrafrique (FPRC) to carry out a military operation with his armed group during the fighting in Vakaga prefecture in 2019.
               He continued to impede the restoration of state authority in the areas of operation of the FPDC by maintaining illegal roadblocks to extort cattle herders, economic actors (including gold mining companies operating in the Nana-Mambéré prefecture), and travellers.
               Under his leadership, the FDPC committed acts that constituted human rights abuses or violations in the Nana-Mambéré prefecture, including attacks directed against civilians in April 2019, abductions of civilians in March 2019 (near Zoukombo) and acts of sexual and gender-based violence in May 2019 (in Bagary). In 2017, the FDPC also committed 14 acts of sexual violence in conflict.
               Between 2016 and 2019, the FDPC recruited children to serve as soldiers in armed conflict and forced eleven girls into marriage with FDPC members.
               In March 2019, he was involved in obstructing the delivery of humanitarian aid when the FDPC, under Miskine’s leadership, conducted a series of attacks on the main road into Bangui from Cameroon.
               Finally, FDPC elements skirmished with MINUSCA in April 2019 near Zoukombo (Nana-Mambéré prefecture) and on the Bouar-Beleko axis.’


title: Commission Implementing Regulation (EU) 2020/587 of 29 April 2020 amending Implementing Regulation (EU) No 1206/2011 laying down requirements on aircraft identification for surveillance for the single European sky and Implementing Regulation (EU) No 1207/2011 laying down requirements for the performance and the interoperability of surveillance for the single European sky (Text with EEA relevance)

text:
                  30.4.2020

                  EN

                  Official Journal of the European Union

                  L 138/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/587
         of 29 April 2020
         amending Implementing Regulation (EU) No 1206/2011 laying down requirements on aircraft identification for surveillance for the single European sky and Implementing Regulation (EU) No 1207/2011 laying down requirements for the performance and the interoperability of surveillance for the single European sky
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular point (a) of Article 44(1) thereof,
         Whereas:

                     (1)

                     In order to ensure safe and efficient operations of aircraft, aerodromes, air traffic management, air navigation and of the European air traffic management network, it is necessary to provide for certain improvements to the operating rules related to the use of airspace, aircraft equipment and air traffic management and air navigation services systems and their constituents required for the use of airspace. New and updated safety-related interoperability requirements should therefore be set out in Commission Implementing Regulation (EU) No 1206/2011 (2) and Commission Implementing Regulation (EU) No 1207/2011 (3).

                     (2)

                     Taking into account the experiences from the ongoing implementation of airborne surveillance capability and the capability of the ground systems to process data, effective and timely installation of aircraft equipment is necessary to enable the full surveillance chain to achieve the expected benefits within the established deadlines. The criteria for exemptions from the requirements to equip aircraft should be amended to provide clarity as to which aircraft are to be equipped and which ones are to benefit of an exemption from those requirements. At the same time, the overall number of aircraft equipped should remain effective and should not impose an undue economic burden.

                     (3)

                     A significant number of equipped aircraft is already certified in line with the international standard for airborne parts and appliances for the surveillance systems, corresponding to Annex 10 to the Chicago Convention, Volume IV, Third Edition, including all amendments up to No 77. That standard is fully compatible with the anticipated surveillance systems. Mandating the use of the standard corresponding to Annex 10 to the Chicago Convention, Volume IV, Fourth Edition including all amendments up to No 85 as currently provided in Annex II to Implementing Regulation (EU) No 1207/2011 would impose an undue economic burden. Therefore, the standard corresponding to Annex 10 to the Chicago Convention, Volume IV, Third Edition including all amendments up to No 77 should be considered as the minimum requirement. Therefore, the minimum technical standards to which aircraft operators are to comply laid down in Implementing Regulation (EU) No 1207/2011 should be amended.

                     (4)

                     State aircraft operating as general air traffic should be equipped with serviceable secondary surveillance radar transponders in line with the requirements applicable to civil aircraft laid out in points (a) and (c) of Article 5(5) of Implementing Regulation (EU) No 1207/2011. The procedures and conditions related to state aircraft that cannot be equipped with serviceable secondary surveillance radar transponders should remain those laid out in Article 8 of Implementing Regulation (EU) No 1207/2011.

                     (5)

                     The requirements for the formal arrangements on transferring surveillance data between air navigation service providers should be amended to reflect existing data distribution scenarios to facilitate exchange of surveillance data and to avoid excessive onerous constraints on the delivering provider.

                     (6)

                     In order to ensure the effectiveness of State aircraft operations, the ability of the European ATM system to ensure that those State aircraft engaged in sensitive operations and training are able to operate with the assignment of discrete SSR codes should be established and therefore Implementing Regulation (EU) No 1206/2011 should be amended accordingly.

                     (7)

                     The outbreak of the pandemic of Covid-19 virus and the resulting impact on the aviation sector has led to unforeseeable obstacles for aircraft operators to pursue their activities to bring the aircraft in compliance with certain requirements of Implementing Regulation (EU) No 1207/2011. As a result, the deadline for aircraft operators laid out in Article 5(5), Article 8(1) and Article 8(2) of Implementing Regulation (EU) No 1207/2011 should be postponed to 7 December 2020, and Implementing Regulation (EU) No 1207/2011 should be amended accordingly.

                     (8)

                     Implementing Regulation (EU) No 1206/2011 and Implementing Regulation (EU) No 1207/2011 should therefore be amended accordingly.

                     (9)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 127(1) of Regulation (EU) 2018/1139,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex II to Implementing Regulation (EU) No 1206/2011 is amended in accordance with Annex I to this Regulation.

            Article 2
            Implementing Regulation (EU) No 1207/2011 is amended as follows:

                        (1)

                        in Article 2, paragraph 2 is replaced by the following:

                           ‘2.   This Regulation shall apply to all flights operating as general air traffic in accordance with instrument flight rules within the Single European Sky airspace with the exception of Article 7(3) and 7(4) which shall apply to all flights operating as general air traffic’;

                        (2)

                        in Article 4, paragraph 4 is deleted;

                        (3)

                        in Article 5, paragraphs 5 and 6 are replaced by the following:

                           ‘5.   By 7 December 2020 operators shall ensure that:

                                       (a)

                                       aircraft operating flights referred to in Article 2(2) are equipped with serviceable secondary surveillance radar transponders that comply with the following conditions:

                                                   (i)

                                                   they have the capabilities set out in Part A of Annex II;

                                                   (ii)

                                                   they have the continuity sufficient to avoid presenting an operational risk;

                                       (b)

                                       aircraft with a maximum certified take-off mass exceeding 5 700 kg or having a maximum cruising true airspeed capability greater than 250 knots, operating flights referred to in Article 2(2), with an individual certificate of airworthiness first issued on or after 7 June 1995, are equipped with serviceable secondary surveillance radar transponders that comply with the following conditions:

                                                   (i)

                                                   they have the capabilities set out in Parts A and B of Annex II;

                                                   (ii)

                                                   they have the continuity sufficient to avoid presenting an operational risk;

                                       (c)

                                       fixed wing aircraft with a maximum certified take-off mass exceeding 5 700 kg or having a maximum cruising true airspeed capability greater than 250 knots, operating flights referred to in Article 2(2), with an individual certificate of airworthiness first issued on or after 7 June 1995, are equipped with serviceable secondary surveillance radar transponders that comply with the following conditions:

                                                   (i)

                                                   they have the capabilities set out in Parts A, B and C of Annex II;

                                                   (ii)

                                                   they have the continuity sufficient to avoid presenting an operational risk.

                                 Points (b) and (c) of the first subparagraph shall not apply to aircraft that operate within the Single European Sky airspace and that belong to one of the following categories:

                                       (i)

                                       they are being flown to undergo maintenance;

                                       (ii)

                                       they are being flown for export;

                                       (iii)

                                       their operations will be ceased by 31 October 2025.

                                 Operators of aircraft with a first certificate of airworthiness issued before 7 December 2020 shall comply by 7 June 2023 with the requirements set out in points (b) and (c) of the first subparagraph, subject to the following conditions:

                                       (i)

                                       they have established before 7 December 2020 a retrofit programme demonstrating compliance with points (b) and (c) of the first subparagraph;

                                       (ii)

                                       those aircraft have not benefitted from any Union funding granted to bring such aircraft in compliance with the requirements set out in points (b) and (c) of the first subparagraph.

                                 For aircraft where the capability of the transponders to comply with the requirements of points (b) and (c) of the first subparagraph is temporarily inoperative, operators shall be entitled to operate that aircraft in the Single European Sky airspace for a maximum of 3 consecutive days.

                           6.   Operators shall ensure that aircraft equipped in accordance with paragraph 5 and having a maximum certified take-off mass exceeding 5 700 kg or having a maximum cruising true airspeed capability greater than 250 knots, operate with antenna diversity, with a minimum performance as prescribed in paragraph 3.1.2.10.4 of Annex 10 to the Chicago Convention, Volume IV, Third Edition, including all amendments up to No 77.’;

                        (4)

                        in Article 5, paragraph 7 is deleted;

                        (5)

                        in Article 6, paragraph 2 is deleted;

                        (6)

                        in Article 7, paragraph 2 is deleted;

                        (7)

                        in Article 7, paragraph 3 is replaced by the following:

                           ‘3.   Member States shall ensure that the assignment of 24-bit ICAO aircraft addresses to aircraft equipped with a Mode S transponder complies with Chapter 9 and its appendix of Annex 10 to the Chicago Convention, Volume III, Second Edition including all amendments up to No 90.’;

                        (8)

                        in Article 8, paragraphs 1 and 2 are replaced by the following:

                           ‘1.   Member States shall ensure that, by 7 December 2020 at the latest, State aircraft comply with point (a) of Article 5(5).

                           2.   Member States shall ensure that, by 7 December 2020 at the latest, transport-type State aircraft comply with point (c) of Article 5(5).’;

                        (9)

                        in Article 8, the following paragraph 8 is inserted:

                           ‘8.   For State aircraft where the capability of the transponders to comply with the requirements of paragraphs 1 and 2 is temporarily inoperative, Member States shall be entitled to allow the operation of that aircraft in the Single European Sky airspace for a maximum of 3 consecutive days.’;

                        (10)

                        Article 14 is deleted;

                        (11)

                        the following Article 14a is inserted:

                           ‘Article 14a
                           Flight Plans
                           Operators of non-equipped State aircraft communicated as per Article 8(3) and operators of aircraft not equipped in accordance with Article 5(5) operating within the Single European Sky airspace, shall include the indicators SUR/EUADSBX or SUR/EUEHSX or SUR/EUELSX or a combination thereof, in Item 18 of the flight plan.’;

                        (12)

                        Annex II is amended in accordance with Annex II to this Regulation;

                        (13)

                        Annex IV is amended in accordance with Annex III to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 29 April 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 212, 22.8.2018, p. 1.

            (2)  Commission Implementing Regulation (EU) No 1206/2011 of 22 November 2011 laying down requirements on aircraft identification for surveillance for the single European sky (OJ L 305, 23.11.2011, p. 23).

            (3)  Commission Implementing Regulation (EU) No 1207/2011 of 22 November 2011 laying down requirements for the performance and the interoperability of surveillance for the single European sky (OJ L 305, 23.11.2011, p. 35).

            ANNEX I
            Point 3 of Annex II to Implementing Regulation (EU) No 1206/2011 is amended as follows:

                        (1)

                        point (c) is replaced by the following:

                                    ‘(c)

                                    an aircraft which is eligible for the assignment of the conspicuity code established in accordance with point (c) of Article 4(6) exits or is otherwise diverted outside the airspace volume referred to in point (1);’;

                        (2)

                        the following point (d) is added:

                                    ‘(d)

                                    State aircraft engaged on nationally sensitive operations or training, that require security and confidentiality.’.

            ANNEX II
            Annex II to Implementing Regulation (EU) No 1207/2011 is amended as follows:

                        (1)

                        Part A is amended as follows:

                                    (a)

                                    point 1 is replaced by the following:

                                                ‘1.

                                                The minimum capability for the secondary surveillance transponder shall be Mode S Level 2 meeting the performance and functionality criteria of Annex 10 to the Chicago Convention, Volume IV, Third Edition including all amendments up to No 77.’;

                                    (b)

                                    point 5 is replaced by the following:

                                                ‘5.

                                                The data items referred to in point 4 shall only be transmitted by the transponder via the Mode S protocol. The aircraft and equipment certification process shall cover the transmission of those data items.’;

                                    (c)

                                    point 6 is deleted;

                        (2)

                        Part B is amended as follows:

                                    (a)

                                    point 1 is replaced by the following:

                                                ‘1.

                                                The minimum capability for the secondary surveillance transponder shall be Mode S Level 2 meeting the performance and functionality criteria of Annex 10 to the Chicago Convention, Volume IV, Third Edition including all amendments up to No 77.’;

                                    (b)

                                    point 15 is replaced by the following:

                                                ‘15.

                                                Except for military reserved formats, the data items referred to in point 14 shall only be transmitted by the transponder via the extended squitter ADS-B protocol. The aircraft and equipment certification process shall cover the transmission of these data items.’;

                                    (c)

                                    point 16 is deleted;

                        (3)

                        Part C is amended as follows:

                                    (a)

                                    in point 2, the introductory phrase is replaced by the following:

                                                ‘2.

                                                The following data items, where available on a digital bus, shall be transmitted by the transponder as requested by the ground-based surveillance chain, via the Mode S protocol and in accordance with the formats specified in ICAO document 9871 (2nd edition):’;

                                    (b)

                                    point 4 is replaced by the following:

                                                ‘4.

                                                The data items referred to in point 3 shall only be transmitted by the transponder via the Mode S protocol. The aircraft and equipment certification process shall cover the transmission of these data items.’.

            ANNEX III
            Annex IV to Implementing Regulation (EU) No 1207/2011 is replaced by the following:

                     ‘ANNEX IV
                     Requirements for the establishment of formal arrangements referred to in Article 5(2)
                     Formal arrangements between air navigation service providers for the exchange or provision of surveillance data shall include the following minimum content:

                                 (a)

                                 the parties to the arrangements;

                                 (b)

                                 the period of validity of the arrangements;

                                 (c)

                                 the scope of the surveillance data;

                                 (d)

                                 the sources of the surveillance data;

                                 (e)

                                 the exchange format of the surveillance data;

                                 (f)

                                 the service delivery point of the surveillance data;

                                 (g)

                                 agreed service levels in terms of the following;

                                             —

                                             surveillance data performance as established by Article 4(3)

                                             —

                                             procedures in case of unserviceability;

                                 (h)

                                 change management procedures;

                                 (i)

                                 reporting arrangements with respect to performance and availability including unforeseen outage;

                                 (j)

                                 management and coordination arrangements;

                                 (k)

                                 ground-based surveillance chain safeguarding and notification arrangements.

               ’.