title: Council Implementing Regulation (EU) 2021/1188 of 19 July 2021 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and repealing Implementing Regulation (EU) 2021/138

text:
                  20.7.2021

                  EN

                  Official Journal of the European Union

                  L 258/14

         COUNCIL IMPLEMENTING REGULATION (EU) 2021/1188
         of 19 July 2021
         implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and repealing Implementing Regulation (EU) 2021/138
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,
         Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 5 February 2021, the Council adopted Implementing Regulation (EU) 2021/138 (2) implementing Article 2(3) of Regulation (EC) No 2580/2001, establishing an updated list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies (‘the list’).

                     (2)

                     The Council has provided, where practically possible, all the persons, groups and entities with statements of reasons explaining why they were entered into the list.

                     (3)

                     By way of a notice published in the Official Journal of the European Union, the Council informed the persons, groups and entities on the list that it had decided to keep them thereon. The Council also informed those persons, groups and entities concerned that it was possible to request a statement of the Council’s reasons for entering them into the list where such a statement had not already been communicated to them.

                     (4)

                     The Council has reviewed the list as required by Article 2(3) of Regulation (EC) No 2580/2001. When carrying out that review, the Council took into account the observations submitted to it by those concerned as well as the updated information received from the competent national authorities on the status of listed individuals and entities at the national level.

                     (5)

                     The Council has verified that competent authorities, as referred to in Article 1(4) of Council Common Position 2001/931/CFSP (3), have taken decisions with regard to all persons, groups and entities on the list to the effect that they have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP. The Council has also concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001.

                     (6)

                     The list should be updated accordingly, and Implementing Regulation (EU) 2021/138 should be repealed,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 is set out in the Annex to this Regulation.

            Article 2
            Implementing Regulation (EU) 2021/138 is hereby repealed.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 19 July 2021.

                  For the Council

                  The President

               J. PODGORŠEK

            (1)  OJ L 344, 28.12.2001, p. 70.

            (2)  Council Implementing Regulation (EU) 2021/138 of 5 February 2021 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and repealing Implementing Regulation (EU) 2020/1128 (OJ L 43, 8.2.2021, p. 1).

            (3)  Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).

            ANNEX
            List of persons, groups and entities referred to in Article 1
            I.   PERSONS

                        1.

                        ABDOLLAHI Hamed (a.k.a. Mustafa Abdullahi), born 11.8.1960 in Iran. Passport number: D9004878.

                        2.

                        AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia.

                        3.

                        AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia.

                        4.

                        ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born 6.3.1955 or 15.3.1955 in Iran. Iranian and US national, Passport number: C2002515 (Iran); Passport number: 477845448 (USA). National ID number: 07442833, expiry date 15.3.2016 (USA driving licence).

                        5.

                        ASSADI Assadollah, born 22.12.1971 in Teheran (Iran), Iranian national. Iranian diplomatic passport number: D9016657.

                        6.

                        BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands).

                        7.

                        EL HAJJ, Hassan Hassan, born 22.3.1988 in Zaghdraiya, Sidon, Lebanon, Canadian citizen. Passport number: JX446643 (Canada).

                        8.

                        HASHEMI MOGHADAM Saeid, born 6.8.1962 in Teheran (Iran), Iranian national. Passport number: D9016290, valid until 4.2.2019.

                        9.

                        IZZ-AL-DIN, Hasan (a.k.a. GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon.

                        10.

                        MELIAD, Farah, born 5.11.1980 in Sydney (Australia), Australian citizen. Passport number: M2719127 (Australia).

                        11.

                        MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan, passport number 488555.

                        12.

                        ŞANLI, Dalokay (a.k.a. Sinan), born 13.10.1976 in Pülümür (Turkey).

                        13.

                        SHAHLAI Abdul Reza (a.k.a. Abdol Reza Shala’i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla’i, a.k.a. Abdul-Reza Shahlaee, a.k.a. Hajj Yusef, a.k.a. Haji Yusif, a.k.a. Hajji Yasir, a.k.a. Hajji Yusif, a.k.a. Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran, (2) Mehran Military Base, Ilam Province, Iran.

                        14.

                        SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran.

                  II.   GROUPS AND ENTITIES

                        1.

                        ‘Abu Nidal Organisation’ – ‘ANO’ (a.k.a. ‘Fatah Revolutionary Council’, a.k.a. ‘Arab Revolutionary Brigades’, a.k.a. ‘Black September’, a.k.a. ‘Revolutionary Organisation of Socialist Muslims’).

                        2.

                        ‘Al-Aqsa Martyrs’ Brigade’.

                        3.

                        ‘Al-Aqsa e.V’.

                        4.

                        ‘Babbar Khalsa’.

                        5.

                        ‘Communist Party of the Philippines’, including ‘New People’s Army’ – ‘NPA’, Philippines.

                        6.

                        Directorate for Internal Security of the Iranian Ministry for Intelligence and Security.

                        7.

                        ‘Gama’a al-Islamiyya’ (a.k.a. ‘Al-Gama’a al-Islamiyya’) (‘Islamic Group’ – ‘IG’).

                        8.

                        ‘İslami Büyük Doğu Akıncılar Cephesi’ – ‘IBDA-C’ (‘Great Islamic Eastern Warriors Front’).

                        9.

                        ‘Hamas’, including ‘Hamas-Izz al-Din al-Qassem’.

                        10.

                        ‘Hizballah Military Wing’ (a.k.a. ‘Hezbollah Military Wing’, a.k.a. ‘Hizbullah Military Wing’, a.k.a. ‘Hizbollah Military Wing’, a.k.a. ‘Hezballah Military Wing’, a.k.a. ‘Hisbollah Military Wing’, a.k.a. ‘Hizbu’llah Military Wing’ a.k.a. ‘Hizb Allah Military Wing’, a.k.a. ‘Jihad Council’ (and all units reporting to it, including the External Security Organisation)).

                        11.

                        ‘Hizbul Mujahideen’ – ‘HM’.

                        12.

                        ‘Khalistan Zindabad Force’ – ‘KZF’.

                        13.

                        ‘Kurdistan Workers’ Party’ – ‘PKK’ (a.k.a. ‘KADEK’, a.k.a. ‘KONGRA-GEL’).

                        14.

                        ‘Liberation Tigers of Tamil Eelam’ – ‘LTTE’.

                        15.

                        ‘Ejército de Liberación Nacional’ (‘National Liberation Army’).

                        16.

                        ‘Palestinian Islamic Jihad’ – ‘PIJ’.

                        17.

                        ‘Popular Front for the Liberation of Palestine’ – ‘PFLP’.

                        18.

                        ‘Popular Front for the Liberation of Palestine – General Command’ (a.k.a. ‘PFLP – General Command’).

                        19.

                        ‘Devrimci Halk Kurtuluș Partisi-Cephesi’ – ‘DHKP/C’ (a.k.a. ‘Devrimci Sol’ (‘Revolutionary Left’), a.k.a. ‘Dev Sol’) (‘Revolutionary People’s Liberation Army/Front/Party’).

                        20.

                        ‘Sendero Luminoso’ – ‘SL’ (‘Shining Path’).

                        21.

                        ‘Teyrbazen Azadiya Kurdistan’ – ‘TAK’ (a.k.a. ‘Kurdistan Freedom Falcons’, a.k.a. ‘Kurdistan Freedom Hawks’).


title: Commission Implementing Regulation (EU) 2021/1190 of 15 July 2021 laying down the technical specifications of data requirements for the topic ‘ICT usage and e-commerce’ for the reference year 2022, pursuant to Regulation (EU) 2019/2152 of the European Parliament and of the Council (Text with EEA relevance)

text:
                  20.7.2021

                  EN

                  Official Journal of the European Union

                  L 258/28

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/1190
         of 15 July 2021
         laying down the technical specifications of data requirements for the topic ‘ICT usage and e-commerce’ for the reference year 2022, pursuant to Regulation (EU) 2019/2152 of the European Parliament and of the Council
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2019/2152 of the European Parliament and of the Council of 27 November 2019 on European business statistics, repealing 10 legal acts in the field of business statistics (1), and in particular Article 7(1) and Article 17(6) thereof,
         Whereas:

                     (1)

                     To ensure the correct implementation of the topic ‘ICT usage and e-commerce’ listed in Annex I to Regulation (EU) 2019/2152, the Commission should specify the variables, the measurement unit, the statistical population, the classifications and breakdowns and the data transmission deadline in order to produce data on ICT usage and e-commerce which is comparable and harmonised between Member States.

                     (2)

                     Member States should provide metadata and quality reports for the national statistical business registers and all business statistics. It is therefore necessary to define the arrangements for, content of and deadlines of those reports.

                     (3)

                     The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee,

               HAS ADOPTED THIS REGULATION:

            Article 1
            For the topic ‘ICT usage and e-commerce’, as referred to in Annex I to Regulation (EU) 2019/2152, Member States shall transmit the data according to the technical specifications of data requirements for the reference year 2022 laid down in the Annex to this Regulation.

            Article 2
            The annual metadata report for the topic ‘ICT usage and e-commerce’, as referred to in Annex I to Regulation (EU) 2019/2152, shall be transmitted to the Commission (Eurostat) by 31 May 2022.
            The annual quality report for the topic ‘ICT usage and e-commerce’, as referred to in Annex I to Regulation (EU) 2019/2152, shall be transmitted to the Commission (Eurostat) by 5 November 2022.

            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, 15 July 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 327, 17.12.2019, p. 1.

            ANNEX
            Technical specifications of data requirements for the topic ‘ICT usage and e-commerce’

                        Mandatory/optional

                        Scope (filter)

                        Variable

                        Mandatory variables

                                    (i)

                                    for all enterprises:

                                    (1)

                                    main economic activity of the enterprise, in the previous calendar year

                                    (2)

                                    average number of employees and self-employed persons, in the previous calendar year

                                    (3)

                                    total value of turnover (excluding VAT), in the previous calendar year

                                    (4)

                                    number of employees and self-employed persons or percentage of the total number of employees and self-employed persons who have access to the internet for business purposes

                                    (5)

                                    employment of ICT specialists

                                    (6)

                                    provision of any type of training to develop ICT-related skills for ICT specialists, in the previous calendar year

                                    (7)

                                    provision of any type of training to develop ICT-related skills for other persons employed, in the previous calendar year

                                    (8)

                                    recruitment of or the attempt to recruit ICT specialists in the previous calendar year

                                    (9)

                                    performance of ICT functions (such as maintenance of ICT infrastructure, support for office software, development or support of business management software/systems and/or web solutions, security and data protection) by own employees (including those employed in parent or affiliate enterprises), in the previous calendar year

                                    (10)

                                    performance of ICT functions (such as maintenance of ICT infrastructure, support for office software, development or support of business management software/systems and/or web solutions, security and data protection) by external suppliers, in the previous calendar year

                                    (11)

                                    Use of industrial robots

                                    (12)

                                    Use of service robots

                                    (13)

                                    application of measures to affect the following in the enterprise: Amount of paper used for printing and copying

                                    (14)

                                    application of measures to affect the following in the enterprise: Energy consumption of the ICT equipment

                                    (15)

                                    consideration by the enterprise of environmental impact of ICT services, or ICT equipment when selecting them (for example energy consumption)

                                    (16)

                                    disposal of ICT equipment (such as computers, monitors, mobile phones) in electronic waste collection/recycling (including leaving it to the retailer to dispose of) when it is no longer used

                                    (17)

                                    keeping of ICT equipment (such as computers, monitors, mobile phones) in the enterprise when it is no longer used (for example to be used as spare parts, fear of sensitive information being disclosed)

                                    (18)

                                    selling, returning to a leasing enterprise or donating ICT equipment (such as computers, monitors, mobile phones) when it is no longer used

                                    (ii)

                                    for enterprises with employees and self-employed persons who have access to the internet for business purposes:

                                    (19)

                                    internet connection: use of any type of fixed line connection

                                    (20)

                                    conduct of remote meetings

                                    (21)

                                    remote access (via computers or portable devices such as smartphones) of persons employed to email system of the enterprise

                                    (22)

                                    remote access (via computers or portable devices such as smartphones) of persons employed to documents of the enterprise (such as files, spreadsheets, presentations, charts, photos)

                                    (23)

                                    remote access (via computers or portable devices such as smartphones) of persons employed to business applications or software of the enterprise (such as access to accounting, sales, orders, CRM (excluding applications used for internal communication))

                                    (24)

                                    web sales of goods or services via the enterprise’s websites or apps (including extranets), in the previous calendar year

                                    (25)

                                    web sales of goods or services via e-commerce marketplace websites or apps used by several enterprises for trading goods or services, in the previous calendar year

                                    (26)

                                    EDI-type sales (receipt of orders placed via Electronic Data Interchange messages) of goods or services, in the previous calendar year

                                    (27)

                                    application of the ICT security measures on enterprise’s ICT systems: authentication via strong password (such as minimum length, use of numbers and special characters, changed periodically)

                                    (28)

                                    application of the ICT security measures on enterprise’s ICT systems: authentication via biometric methods used to access the enterprise’s ICT system (such as authentication based on fingerprints, voice, face)

                                    (29)

                                    application of the ICT security measures on enterprise’s ICT systems: authentication based on a combination of at least two authentication mechanisms (i.e. combination of for example user-defined password, one-time password (OTP), code generated via a security token or received via a smartphone, biometric method (such as based on fingerprints, voice, face));

                                    (30)

                                    application of the ICT security measures on enterprise’s ICT systems: encryption of data, documents or e-mails

                                    (31)

                                    application of the ICT security measures on enterprise’s ICT systems: data backup to a separate location (including backup to the cloud)

                                    (32)

                                    application of the ICT security measures on enterprise’s ICT systems: network access control (management of user rights in enterprise’s network)

                                    (33)

                                    application of the ICT security measures on enterprise’s ICT systems: VPN (Virtual Private Network, which extends the private network across a public network to enable secure exchange of data over public network);

                                    (34)

                                    application of the ICT security measures on enterprise’s ICT systems: ICT security monitoring system that allows to detect suspicious activity in the ICT systems and alerts the enterprise about it, other than standalone anti-virus software

                                    (35)

                                    application of the ICT security measures on enterprise’s ICT systems: maintaining log files that enable analysis after ICT security incidents

                                    (36)

                                    application of the ICT security measures on enterprise’s ICT systems: ICT risk assessment, i.e. periodical assessment of probability and consequences of ICT security incidents

                                    (37)

                                    application of the ICT security measures on enterprise’s ICT systems: ICT security tests (such as performing penetration tests, testing security alert system, reviewing security measures, testing of backup systems)

                                    (38)

                                    making persons employed aware of their obligations in ICT security related issues through voluntary training or internally available information (such as information on the intranet)

                                    (39)

                                    making persons employed aware of their obligations in ICT security related issues through compulsory training courses or viewing compulsory material

                                    (40)

                                    making persons employed aware of their obligations in ICT security related issues through a contract (such as a contract of employment)

                                    (41)

                                    availability of document(s) on measures, practices or procedures on ICT security, such as documents on ICT security and confidentiality of data covering employee training in ICT use, ICT security measures, the evaluation of ICT security measures, plans for updating ICT security documents

                                    (42)

                                    ICT related security incidents experienced in the previous calendar year leading to the following consequences: unavailability of ICT services due to hardware or software failures

                                    (43)

                                    ICT related security incidents experienced in the previous calendar year leading to the following consequences: unavailability of ICT services due to attack from outside, such as ransomware attacks, Denial of Service attacks

                                    (44)

                                    ICT related security incidents experienced in the previous calendar year leading to the following consequences: destruction or corruption of data due to hardware or software failures

                                    (45)

                                    ICT related security incidents experienced in the previous calendar year leading to the following consequences: destruction or corruption of data due to infection of malicious software or unauthorised intrusion

                                    (46)

                                    ICT related security incidents experienced in the previous calendar year leading to the following consequences: disclosure of confidential data due to intrusion, pharming, phishing attack, intentional actions by own employees

                                    (47)

                                    ICT related security incidents experienced in the previous calendar year leading to the following consequences: disclosure of confidential data due to unintentional actions by own employees

                                    (48)

                                    ICT security related activities such as security testing, ICT training on security, resolving ICT security incidents (excluding upgrades of pre-packaged software) carried out by enterprise’s own employees (including those employed in parent or affiliate enterprises)

                                    (49)

                                    ICT security related activities such as security testing, ICT training on security, resolving ICT security incidents (excluding upgrades of pre-packaged software) carried out by external suppliers

                                    (50)

                                    availability of an insurance against ICT security incidents

                                    (iii)

                                    for enterprises using any type of fixed line internet connection:

                                    (51)

                                    maximum contracted download speed of the fastest fixed line internet connection in the ranges: [0 Mbit/s, < 30 Mbit/s], [30 Mbit/s, < 100 Mbit/s], [100 Mbit/s, < 500 Mbit/s], [500 Mbit/s, < 1 Gbit/s], [≥ 1 Gbit/s]

                                    (iv)

                                    for enterprises conducting remote meetings

                                    (52)

                                    having any ICT security guidelines for conducting remote meetings via the internet such as password requirement, end-to-end encryption

                                    (53)

                                    availability of guidelines to favour remote meetings via internet instead of business travelling

                                    (v)

                                    for enterprises having employees or self-employed persons with remote access to the email system of the enterprise

                                    (54)

                                    number of employees and self-employed persons or percentage of the total number of employees and self-employed persons having remote access to the email system of the enterprise

                                    (vi)

                                    for enterprises having employees or self-employed persons with remote access to the documents or business applications or software of the enterprise

                                    (55)

                                    number of employees and self-employed persons or percentage of the total number of employees and self-employed persons having remote access to documents, business applications or software of the enterprise

                                    (vii)

                                    for enterprises having employees or self-employed persons with remote access to the email system of the enterprises or to documents of the enterprise or to business applications or software of the enterprise

                                    (56)

                                    having any ICT security guidelines for remote access such as requirement to conduct password-secured remote meetings, prohibition of using of public Wi-Fi for work, use of VPN, requirements concerning privacy of data

                                    (viii)

                                    for enterprises which had web sales, in the previous calendar year:

                                    (57)

                                    value of web sales of goods or services, or percentage of total turnover generated by web sales of goods and services, in the previous calendar year

                                    (58)

                                    percentage of value of web sales generated by web sales to private consumers (Business to Consumers: B2C), in the previous calendar year

                                    (59)

                                    percentage of value of web sales generated by web sales to other enterprises (Business to Business: B2B) and to public sector (Business to Government: B2G), in the previous calendar year

                                    (ix)

                                    for enterprises which had web sales of goods and services via the enterprise’s websites or apps and via e-commerce marketplace websites or apps used by several enterprises for trading goods or services, in the previous calendar year:

                                    (60)

                                    percentage of value of web sales of goods or services generated by sales via the enterprise’s websites or apps, in the previous calendar year

                                    (61)

                                    percentage of value of web sales of goods or services generated by sales via e-commerce marketplace websites or apps used by several enterprises for trading goods or services, in the previous calendar year

                                    (x)

                                    for enterprises which had EDI-type sales of goods and services, in the previous calendar year:

                                    (62)

                                    value of EDI-type sales of goods or services or percentage of the total turnover generated by EDI-type sales of goods or services, in the previous calendar year

                                    (xi)

                                    for enterprises which have recruited or tried to recruit ICT specialists in the previous calendar year

                                    (63)

                                    vacancies for ICT specialists that were difficult to fill

                                    (xii)

                                    for enterprises which have document(s) on measures, practices or procedures on ICT security

                                    (64)

                                    most recent definition or review of enterprise’s document(s) on measures, practices or procedures on ICT security: within the last 12 months, more than 12 months and up to twenty-four months ago, more than twenty-four months ago

                                    (xiii)

                                    for enterprises using industrial or services robots

                                    (65)

                                    reasons which influenced the decision to use robots in the enterprise: high cost of labour

                                    (66)

                                    reasons which influenced the decision to use robots in the enterprise: difficulties to recruit personnel

                                    (67)

                                    reasons which influenced the decision to use robots in the enterprise: to enhance safety at work

                                    (68)

                                    reasons which influenced the decision to use robots in the enterprise: to ensure high precision or standardized quality of processes and/or goods and services produced

                                    (69)

                                    reasons which influenced the decision to use robots in the enterprise: to expand the range of goods produced or services provided by the enterprise

                                    (70)

                                    reasons which influenced the decision to use robots in the enterprise: tax or other government incentives

                        Optional variables

                                    (i)

                                    for enterprises with employees and self-employed persons who have access to the internet for business purposes:

                                    (1)

                                    number of employees and self-employed persons, or percentage of the total number of employees and self-employed persons, using a portable device provided by the enterprise that allows connection to the internet via mobile telephone networks for business purposes

                                    (ii)

                                    for enterprises which had web sales, in the previous calendar year:

                                    (2)

                                    web sales to customers located in the enterprise’s own country, in the previous calendar year

                                    (3)

                                    web sales to customers located in other Member States, in the previous calendar year

                                    (4)

                                    web sales to customers located in the rest of the world, in the previous calendar year

                                    (iii)

                                    for enterprises which had web sales to customers located in at least two of the following geographic areas: own country, other Member States or rest of the world, in the previous calendar year:

                                    (5)

                                    percentage of value of web sales generated by web sales to customers located in enterprise’s own country, in the previous calendar year

                                    (6)

                                    percentage of value of web sales generated by web sales to customers located in other Member States, in the previous calendar year

                                    (7)

                                    percentage of value of web sales generated by web sales to customers located in the rest of the world, in the previous calendar year

                                    (iv)

                                    for enterprises which had web sales to customer located in other Member States, in the previous calendar year:

                                    (8)

                                    difficulties experienced when selling to other Member States: high costs of delivering or returning products, in the previous calendar year

                                    (9)

                                    difficulties experienced when selling to other Member States: difficulties related to resolving complaints or disputes, in the previous calendar year

                                    (10)

                                    difficulties experienced when selling to other Member States: adapting product labelling for sales to other Member States, in the previous calendar year

                                    (11)

                                    difficulties experienced when selling to other Member States: lack of knowledge of foreign languages for communicating with customers in other Member States, in the previous calendar year

                                    (12)

                                    difficulties experienced when selling to other Member States: restrictions from enterprise’s business partners to sell to certain Member States, in the previous calendar year

                                    (13)

                                    difficulties experienced when selling to other Member States: difficulties related to the VAT system in other Member States (such as uncertainty regarding VAT treatment in different countries), in the previous calendar year

                                    (v)

                                    for enterprises with vacancies for ICT specialists that were difficult to fill, when trying to recruit ICT specialists in the previous calendar year:

                                    (14)

                                    difficulties to recruit ICT specialists due to lack of applications, in the previous calendar year

                                    (15)

                                    difficulties to recruit ICT specialists due to applicants’ lack of relevant ICT related qualifications from education and/or training, in the previous calendar year

                                    (16)

                                    difficulties to recruit ICT specialists due to applicants’ lack of relevant work experience, in the previous calendar year

                                    (17)

                                    difficulties to recruit ICT specialists due to applicants’ too high salary expectations, in the previous calendar year

                                    (vi)

                                    for enterprises having industrial or service robots

                                    (18)

                                    number of industrial and service robots used by the enterprise

                        Measurement unit

                        Absolute figures, except for characteristics related to turnover in national currency (thousands) or percentage of (total) turnover

                        Statistical population

                           Activity coverage:

                        NACE Sections C to J, L to N and group 95.1

                           Size class coverage:

                        Enterprises with 10 or more employees and self-employed persons. Enterprises with less than 10 employees and self-employed persons may be covered optionally

                        Breakdowns

                           Activity breakdown

                           for calculation of national aggregates:

                                    —

                                    aggregates of NACE sections and group C+D+E+F+G+H+I+J+L+M+N+95.1, D+E

                                    —

                                    NACE sections: C, F, G, H, I, J, L, M, N

                                    —

                                    NACE divisions: 47, 55

                                    —

                                    aggregates of NACE divisions: 10 + 11 + 12 + 13 + 14 + 15 + 16 + 17 + 18, 19 + 20 + 21 + 22 + 23, 24 + 25, 26 + 27 + 28 + 29 + 30 + 31 + 32 + 33

                                    —

                                    aggregate of the divisions and groups: 26.1 + 26.2 + 26.3 + 26.4 + 26.8 + 46.5 + 58.2 + 61 + 62 + 63.1 + 95.1

                           for contribution to the European totals only

                                    —

                                    NACE sections: D, E

                                    —

                                    NACE divisions: 19, 20, 21, 26, 27, 28, 45, 46, 61, 72, 79

                                    —

                                    NACE group: 95.1

                                    —

                                    aggregates of NACE divisions: 10 + 11 + 12, 13 + 14 + 15, 16 + 17 + 18, 22 + 23, 29 + 30, 31 + 32 + 33, 58 + 59 + 60, 62 + 63, 69 + 70 + 71, 73 + 74 + 75, 77 + 78 + 80 + 81 + 82

                           Size class of number of employees and self-employed persons: 10+, 10-49, 50-249, 250+; optional: 0-9, 0-1, 2-9

                        Data transmission deadline

                        5 October 2022


title: Commission Implementing Regulation (EU) 2021/1191 of 19 July 2021 renewing the approval of the active substance clopyralid in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance)

text:
                  20.7.2021

                  EN

                  Official Journal of the European Union

                  L 258/37

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/1191
         of 19 July 2021
         renewing the approval of the active substance clopyralid in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 20(1) thereof,
         Whereas:

                     (1)

                     Commission Directive 2006/64/EC (2) included clopyralid as an active substance in Annex I to Council Directive 91/414/EEC (3).

                     (2)

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

                     (3)

                     The approval of the active substance clopyralid, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 30 April 2022.

                     (4)

                     An application for the renewal of the approval of the active substance clopyralid was submitted in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012 (5) within the time period provided for in that Article.

                     (5)

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

                     (6)

                     The rapporteur Member State prepared a draft renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (‘the Authority’) and the Commission on 31 May 2017.

                     (7)

                     The Authority made the supplementary summary dossier available to the public. The Authority also circulated the draft renewal assessment report to the applicant and to the Member States for comments and launched a public consultation on it. The Authority forwarded the comments received to the Commission.

                     (8)

                     On 6 July 2018, the Authority communicated to the Commission its conclusion (6) on whether clopyralid can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Commission presented a renewal report and the draft Regulation for clopyralid to the Standing Committee on Plants, Animals, Food and Feed on 24 March 2021.

                     (9)

                     As regards the criteria to identify endocrine disrupting properties introduced by Commission Regulation (EU) 2018/605 (7), the conclusion of the Authority indicates that, based on the scientific evidence, it is highly unlikely that clopyralid is an endocrine disrupter since no toxic effects on endocrine organs have been observed. Thus, the Commission concludes that clopyralid is not to be considered as having endocrine disrupting properties.

                     (10)

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

                     (11)

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

                     (12)

                     The risk assessment for the renewal of the approval of the active substance clopyralid is based on representative uses as herbicide on winter cereals and grassland. While it is not necessary, in the light of this risk assessment, to maintain the restriction to use only as an herbicide, it is, however, necessary to provide, in accordance with Article 14(1) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, for certain conditions and restrictions. It is, in particular, appropriate to require further confirmatory information.

                     (13)

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

                     (14)

                     Commission Implementing Regulation (EU) 2021/566 (8) extended the approval period of clopyralid to 30 April 2022 in order to allow the renewal process to be completed before the expiry of the approval period of that active substance. However, given that a decision on renewal has been taken ahead of that extended expiry date, this Regulation should start to apply earlier than that date.

                     (15)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Renewal of the approval of the active substance
            The approval of the active substance clopyralid is renewed as set out in Annex I.

            Article 2
            Amendments to Implementing Regulation (EU) No 540/2011
            The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

            Article 3
            Entry into force and date of application
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            It shall apply from 1 October 2021.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 19 July 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  Commission Directive 2006/64/CE of 18 July 2006 amending Council Directive 91/414/EEC to include clopyralid, cyprodinil, fosetyl and trinexapac as active substances (OJ L 206, 27.7.2006, p. 110).

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

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

            (5)  Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).

            (6)  EFSA Journal 2018;16(8):5389. Available online: www.efsa.europa.eu.

            (7)  Commission Regulation (EU) 2018/605 of 19 April 2018 amending Annex II to Regulation (EC) No 1107/2009 by setting out scientific criteria for the determination of endocrine disrupting properties (OJ L 101, 20.4.2018, p. 33).

            (8)  Commission Implementing Regulation (EU) 2021/566 of 30 March 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances abamectin, Bacillus subtilis (Cohn 1872) strain QST 713, Bacillus thuringiensis subsp. Aizawai strains ABTS-1857 and GC-91, Bacillus thuringiensis subsp. Israeliensis (serotype H-14) strain AM65-52, Bacillus thuringiensis subsp. Kurstaki strains ABTS 351, PB 54, SA 11, SA12 and EG 2348, Beauveria bassiana strains ATCC 74040 and GHA, clodinafop, clopyralid, Cydia pomonella Granulovirus (CpGV), cyprodinil, dichlorprop-P, fenpyroximate, fosetyl, mepanipyrim, Metarhizium anisopliae (var. anisopliae) strain BIPESCO 5/F52, metconazole, metrafenone, pirimicarb, Pseudomonas chlororaphis strain MA342, pyrimethanil, Pythium oligandrum M1, rimsulfuron, spinosad, Streptomyces K61 (formerly ‘S. griseoviridis’), Trichoderma asperellum (formerly ‘T. harzianum’) strains ICC012, T25 and TV1, Trichoderma atroviride (formerly ‘T. harzianum’) strain T11, Trichoderma gamsii (formerly ‘T. viride’) strain ICC080, Trichoderma harzianum strains T-22 and ITEM 908, triclopyr, trinexapac, triticonazole and ziram (OJ L 118, 7.4.2021, p. 1).

            ANNEX I

                        Common Name, Identification Numbers

                        IUPAC Name

                        Purity (1)

                        Date of approval

                        Expiration of approval

                        Specific provisions

                        Clopyralid
                        CAS No 1702-17-6
                        CIPAC No 455

                        3,6-dichloropyridine-2-carboxylic acid or 3,6dichloropicolinic acid

                        ≥ 950 g/kg

                        1 October 2021

                        30 September 2036

                        For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the renewal report on clopyralid, and in particular Appendices I and II thereto, shall be taken into account.
                        In this overall assessment Member States shall pay particular attention to:

                                    —

                                    the specification of the technical material as commercially manufactured;

                                    —

                                    the protection of operators, ensuring that conditions of use for operators include the application of adequate personal protective equipment;

                                    —

                                    possible presence of clopyralid residues in rotational crops;

                                    —

                                    the possible transfer of clopyralid residues via compost or manure of animals whose feed originates from treated areas, to avoid damage to susceptible crops;

                                    —

                                    the protection of groundwater under vulnerable conditions.

                              Conditions of use shall include risk mitigation measures, where appropriate.
                        The applicant shall submit to the Commission, the Member States and the Authority confirmatory information as regards the effect of water treatment processes on the nature of residues present in drinking water.
                        The applicant shall submit this information within two years after adoption of a guidance document on evaluation of the effect of water treatment processes on the nature of residues present in surface and groundwater.

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

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

                        (1)

                        in Part A, entry 129 on clopyralid is deleted;

                        (2)

                        in Part B, the following entry is added:

                                    No

                                    Common Name, Identification Numbers

                                    IUPAC Name

                                    Purity (1)

                                    Date of approval

                                    Expiration of approval

                                    Specific provisions

                                    ‘147

                                    Clopyralid
                                    CAS No 1702-17-6
                                    CIPAC No 455

                                    3,6-dichloropyridine-2-carboxylic acid or 3,6dichloropicolinic acid

                                    ≥ 950 g/kg

                                    1 October 2021

                                    30 September 2036

                                    For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the renewal report on clopyralid, and in particular Appendices I and II thereto, shall be taken into account.
                                    In this overall assessment Member States shall pay particular attention to:

                                                —

                                                the specification of the technical material as commercially manufactured;

                                                —

                                                the protection of operators, ensuring that conditions of use for operators include the application of adequate personal protective equipment;

                                                —

                                                possible presence of clopyralid residues in rotational crops;

                                                —

                                                the possible transfer of clopyralid residues via compost or manure of animals whose feed originates from treated areas, to avoid damage to susceptible crops;

                                                —

                                                the protection of groundwater under vulnerable conditions.

                                          Conditions of use shall include risk mitigation measures, where appropriate.
                                    The applicant shall submit to the Commission, the Member States and the Authority confirmatory information as regards the effect of water treatment processes on the nature of residues present in drinking water.
                                    The applicant shall submit this information within two years after adoption of a guidance document on evaluation of the effect of water treatment processes on the nature of residues present in surface and groundwater.

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