title: Commission Implementing Regulation (EU) 2020/1739 of 20 November 2020 amending and correcting Implementing Regulation (EU) 2020/761 as regards the quantities available for tariff rate quotas for certain agricultural products included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, a tariff quota for poultrymeat originating in Ukraine and a tariff quota for meat of bovine animals originating in Canada

text:
                  23.11.2020

                  EN

                  Official Journal of the European Union

                  L 392/9

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1739
         of 20 November 2020
         amending and correcting Implementing Regulation (EU) 2020/761 as regards the quantities available for tariff rate quotas for certain agricultural products included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, a tariff quota for poultrymeat originating in Ukraine and a tariff quota for meat of bovine animals originating in Canada
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular point (a) of the first paragraph of Article 187 thereof,
         Whereas:

                     (1)

                     Commission Delegated Regulation (EU) 2020/760 (2) and Commission Implementing Regulation (EU) 2020/761 (3) lay down the rules for the management of import and export tariff quotas for agricultural products managed by a system of import and export licences and replace and repeal a certain number of acts that have opened those quotas and provide for specific rules.

                     (2)

                     Commission Implementing Regulation (EU) 2019/386 (4), which lays down rules on the allocation of tariff rate quotas for certain agricultural products included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, establishes that, from the day from which Article 1(2) of Regulation (EU) 2019/216 of the European Parliament and of the Council (5) applies, the tariff rate quota quantities set out in the Regulations opening the respective tariff rate quotas for certain agricultural products are replaced by the new quantities resulting from the apportionment, as set out in the third column of Annexes I and II to Implementing Regulation (EU) 2019/386. In order to ensure that the quantities of the tariff rate quotas laid down in Implementing Regulation (EU) 2020/761 are consistent with the new quantities of the tariff rate quotas resulting from the apportionment as laid down in the third column of Annex I to Implementing Regulation (EU) 2019/386, the relevant tariff rate quota quantities set out in Annexes II, III, IV, VI, VIII, IX, X and XII to Implementing Regulation (EU) 2020/761 should be amended accordingly.

                     (3)

                     Following discussions between the Union and the United Kingdom, an agreement on new quantities for four tariff quotas in the rice sector was reached. It is therefore also appropriate to amend the quantities for tariff quotas under order numbers 09.4127, 09.4128, 09.4129 and 09.4130 set out in Annex III to Implementing Regulation (EU) 2020/761.

                     (4)

                     Commission Implementing Regulation (EU) 2020/94 (6) amends Implementing Regulation (EU) 2015/2078 (7) that provides for the opening and administration of Union import tariff quotas for poultry meat originating in Ukraine, in order to take account of the tariff rate quota quantities and CN codes made available pursuant to an Agreement in the form of an Exchange of Letters between the European Union and Ukraine amending the trade preferences for poultry meat and poultry meat preparations provided for by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, approved by Council Decision (EU) 2019/2145 (8) (‘the Agreement’). It is therefore appropriate to amend the quantity and CN codes of the tariff rate quota under order number 09.4273 set out in Annex XII to Implementing Regulation (EU) 2020/761 in order to take account of the tariff rate quota quantities and CN codes made available pursuant to the Agreement.

                     (5)

                     It is necessary to correct an editorial error in Annex VIII to Implementing Regulation (EU) 2020/761 as regards the product description for a tariff quota on meat of bovine animals originating in Canada.

                     (6)

                     Implementing Regulation (EU) 2020/761 should therefore be amended and corrected accordingly.

                     (7)

                     To ensure legal certainty and in order for the revised quantities of the tariff rate quotas to apply to the licence applications that may be submitted for tariff quotas with a tariff quota period starting on 1 January 2021, this Regulation should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union.

                     (8)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Amendments to Implementing Regulation (EU) 2020/761
            Implementing Regulation (EU) 2020/761 is amended as follows:

                        (1)

                        Annexes II, III, IV, VI, VIII, IX and X are amended as set out in Annex I to this Regulation;

                        (2)

                        Annex XII is amended as set out in Annex II to this Regulation.

            Article 2
            Correction to Implementing Regulation (EU) 2020/761
            In Annex VIII to Implementing Regulation (EU) 2020/761, for order number 09.4281, the product description ‘Meat of bovine animals, excluding bison, fresh or chilled’ is replaced by ‘Meat of bovine animals, excluding bison, frozen or other’.

            Article 3
            Entry into force
            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, 20 November 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  Commission Delegated Regulation (EU) 2020/760 of 17 December 2019 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the rules for the administration of import and export tariff quotas subject to licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the lodging of securities in the administration of tariff quotas (OJ L 185, 12.6.2020, p. 1).

            (3)  Commission Implementing Regulation (EU) 2020/761 of 17 December 2019 laying down rules for the application of Regulations (EU) No 1306/2013, (EU) No 1308/2013 and (EU) No 510/2014 of the European Parliament and of the Council as regards the management system of tariff quotas with licences (OJ L 185, 12.6.2020, p. 24).

            (4)  Commission Implementing Regulation (EU) 2019/386 of 11 March 2019 laying down rules with regard to the apportionment of tariff rate quotas for certain agricultural products included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union and with regard to import licences issued and import rights allocated under those tariff rate quotas (OJ L 70, 12.3.2019, p. 4).

            (5)  Regulation (EU) 2019/216 of the European Parliament and of the Council of 30 January 2019 on the apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union and amending Council Regulation (EC) No 32/2000 (OJ L 38, 8.2.2019, p. 1).

            (6)  Commission Implementing Regulation (EU) 2020/94 of 22 January 2020 amending Implementing Regulation (EU) 2015/2078 as regards tariff quotas for poultrymeat originating in Ukraine and derogating from that Implementing Regulation for the quota year 2020 (OJ L 18, 23.1.2020, p. 1).

            (7)  Commission Implementing Regulation (EU) 2015/2078 of 18 November 2015 opening and providing for the administration of Union import tariff quotas for poultrymeat originating in Ukraine (OJ L 302, 19.11.2015, p. 63).

            (8)  Council Decision (EU) 2019/2145 of 5 December 2019 on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and Ukraine amending the trade preferences for poultry meat and poultry meat preparations provided for by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (OJ L 325, 16.12.2019, p. 41).

            ANNEX I
            Annexes II, III, IV, VI, VIII, IX and X to Implementing Regulation (EU) 2020/761 are amended as follows:

                        (1)

                        in Annex II, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column:

                                    Order number

                                    New quantity

                                    09.4123

                                    ‘571 943 000  kg’

                                    09.4125

                                    ‘2 285 665 000  kg, divided as follows: 50 % for each sub-period’

                                    09.4131

                                    ‘269 214 000  kg, divided as follows: 50 % for each sub-period’

                        (2)

                        in Annex III, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column:

                                    Order number

                                    New quantity

                                    09.4112

                                    ‘4 682 000  kg, divided as follows:
                                    4 682 000  kg for sub-period 1 January to 30 June
                                    Carry over from previous sub-periods, for sub-period 1 July to 31 August
                                    Carry over from previous sub-periods, for sub-period 1 September to 31 December’

                                    09.4116

                                    ‘990 000  kg, divided as follows:
                                    990 000  kg for sub-period 1 January to 30 June
                                    Carry over from previous sub-periods, for sub-period 1 July to 31 August
                                    Carry over from previous sub-periods, for sub-period 1 September to 31 December’

                                    09.4117

                                    ‘1 458 000  kg, divided as follows:
                                    1 458 000  kg for sub-period 1 January to 30 June
                                    Carry over from previous sub-periods, for sub-period 1 July to 31 August
                                    Carry over from previous sub-periods, for sub-period 1 September to 31 December’

                                    09.4118

                                    ‘1 370 000  kg, divided as follows:
                                    1 370 000  kg for sub-period 1 January to 30 June
                                    Carry over from previous sub-periods, for sub-period 1 July to 31 August
                                    Carry over from previous sub-periods, for sub-period 1 September to 31 December’

                                    09.4119

                                    ‘3 041 000  kg, divided as follows:
                                    3 041 000  kg for sub-period 1 January to 30 June
                                    Carry over from previous sub-periods, for sub-period 1 July to 31 August
                                    Carry over from previous sub-periods, for sub-period 1 September to 31 December’

                                    09.4127

                                    ‘17 251 000  kg, divided as follows:
                                    4 313 000  kg for sub-period 1 January to 31 March
                                    8 626 000  kg for sub-period 1 April to 30 June
                                    4 312 000  kg for sub-period 1 July to 31 August
                                    Carry over from previous sub-periods, for sub-period 1 September to 30 September’

                                    09.4128

                                    ‘17 728 000  kg, divided as follows:
                                    8 864 000  kg for sub-period 1 January to 31 March
                                    4 432 000  kg for sub-period 1 April to 30 June
                                    4 432 000  kg for sub-period 1 July to 31 August
                                    Carry over from previous sub-periods, for sub-period 1 September to 30 September’

                                    09.4129

                                    ‘220 000  kg, divided as follows:
                                    0 kg for sub-period 1 January to 31 March
                                    220 000  kg for sub-period 1 April to 30 June
                                    Carry over from previous sub-periods, for sub-period 1 July to 31 August
                                    Carry over from previous sub-periods, for sub-period 1 September to 30 September’

                                    09.4130

                                    ‘1 532 000  kg, divided as follows:
                                    0 kg for sub-period 1 January to 31 March
                                    1 532 000  kg for sub-period 1 April to 30 June
                                    Carry over from previous sub-periods, for sub-period 1 July to 31 August
                                    Carry over from previous sub-periods, for sub-period 1 September to 30 September’

                                    09.4148

                                    ‘1 416 000  kg, divided as follows:
                                    1 416 000  kg for sub-period 1 January to 30 June
                                    Carry over from previous sub-periods, for sub-period 1 July to 30 September
                                    Carry over from previous sub-periods, for sub-period 1 October to 31 December’

                                    09.4149

                                    ‘48 729 000  kg, divided as follows:
                                    34 110 000  kg for sub-period 1 January to 30 June
                                    14 619 000  kg for sub-period 1 July to 31 December’

                                    09.4150

                                    ‘14 993 000  kg, divided as follows: 50 % for each sub-period’

                                    09.4153

                                    ‘8 434 000  kg, divided as follows: 50 % for each sub-period’

                                    09.4154

                                    ‘11 245 000  kg, divided as follows: 50 % for each sub-period’

                                    09.4166

                                    ‘22 442 000  kg, divided as follows:
                                    7 480 000  kg for sub-period 1 January to 30 June
                                    14 962 000  kg for sub-period 1 July to 31 August
                                    Carry over for sub-period 1 September to 31 December’

                                    09.4168

                                    ‘26 581 000  kg, divided as follows:
                                    26 581 000  kg for sub-period 1 September to 30 September
                                    Carry over from previous sub-period, for sub-period 1 October to 31 December’

                        (3)

                        in Annex IV, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column:

                                    Order number

                                    New quantity

                                    09.4317

                                    ‘4 961 000  kg’

                                    09.4318

                                    ‘TRQ periods until 2023/2024: 308 518 000  kg
                                    TRQ periods from 2024/2025: 380 555 000  kg’

                                    09.4320

                                    ‘260 390 000  kg’

                                    09.4321

                                    ‘5 841 000  kg’

                                    09.4329

                                    ‘TRQ periods until 2021/2022: 72 037 000  kg
                                    TRQ period 2022/2023: 54 028 000  kg’

                                    09.4330

                                    ‘TRQ period 2022/2023: 18 009 000  kg
                                    TRQ period 2023/2024: 54 028 000  kg’

                        (4)

                        in Annex VI, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column:

                                    Order number

                                    New quantity

                                    09.4285

                                    ‘40 556 000  kg, divided as follows:
                                    10 423 000  kg for sub-period 1 June to 31 August
                                    10 423 000  kg for sub-period 1 September to 30 November
                                    9 044 000  kg for sub-period 1 December to 28/29 February
                                    10 666 000  kg for sub-period 1 March to 31 May’

                                    09.4287

                                    ‘3 711 000  kg, divided as follows:
                                    822 000  kg for sub-period 1 June to 31 August
                                    1 726 000  kg for sub-period 1 September to 30 November
                                    822 000  kg for sub-period 1 December to 28/29 February
                                    341 000  kg for sub-period 1 March to 31 May’

                        (5)

                        in Annex VIII, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column:

                                    Order number

                                    New quantity

                                    09.4001

                                    ‘1 405 000  kg expressed in weight of boneless meat’

                                    09.4002

                                    ‘11 481 000  kg product weight, divided as follows:
                                    the quantity available for each sub-period shall correspond to one twelfth of the total quantity’

                                    09.4003

                                    ‘43 732 000  kg, boneless equivalent’

                                    09.4450

                                    ‘29 389 000  kg boneless meat’

                                    09.4451

                                    ‘2 481 000  kg product weight’

                                    09.4452

                                    ‘5 606 000  kg boneless meat’

                                    09.4453

                                    ‘8 951 000  kg boneless meat’

                                    09.4454

                                    ‘846 000  kg product weight’

                                    09.4455

                                    ‘711 000  kg boneless meat’

                        (6)

                        in Annex IX, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column:

                                    Order number

                                    New quantity

                                    09.4182

                                    ‘21 230 000  kg, divided as follows: 50 % for each sub-period’

                                    09.4195

                                    ‘25 947 000  kg, divided as follows: 50 % for each sub-period’

                                    09.4514

                                    ‘4 361 000  kg’

                                    09.4515

                                    ‘1 670 000  kg’

                                    09.4595

                                    ‘14 941 000  kg, divided as follows: 50 % for each sub-period’

                        (7)

                        in Annex X, for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column:

                                    Order number

                                    New quantity

                                    09.4038

                                    ‘12 680 000  kg, divided as follows: 25 % for each sub-period’

                                    09.4170

                                    ‘1 770 000  kg net weight, divided as follows: 25 % for each sub-period’

                                    09.4282

                                    ‘TRQ period 2021: 68 048 000  kg, divided as follows: 25 % for each sub-period
                                    TRQ periods from 2022: 80 548 000  kg, divided as follows: 25 % for each sub-period’

            ANNEX II
            Annex XII to Implementing Regulation (EU) 2020/761 is amended as follows:

                        (1)

                        for the order numbers listed in the left column, the quantities are replaced by the quantities set out in the right column:

                                    Order number

                                    New quantity

                                    09.4067

                                    ‘4 054 000  kg, divided as follows: 25 % for each sub-period’

                                    09.4068

                                    ‘8 253 000  kg, divided as follows: 25 % for each sub-period’

                                    09.4069

                                    ‘2 427 000  kg, divided as follows: 25 % for each sub-period’

                                    09.4211

                                    ‘129 930 000  kg, divided as follows:
                                    30 % for sub-period 1 July to 30 September
                                    30 % for sub-period 1 October to 31 December
                                    20 % for sub-period 1 January to 31 March
                                    20 % for sub-period 1 April to 30 June’

                                    09.4212

                                    ‘68 385 000  kg, divided as follows:
                                    30 % for sub-period 1 July to 30 September
                                    30 % for sub-period 1 October to 31 December
                                    20 % for sub-period 1 January to 31 March
                                    20 % for sub-period 1 April to 30 June’

                                    09.4213

                                    ‘824 000  kg’

                                    09.4214

                                    ‘52 665 000  kg, divided as follows:
                                    30 % for sub-period 1 July to 30 September
                                    30 % for sub-period 1 October to 31 December
                                    20 % for sub-period 1 January to 31 March
                                    20 % for sub-period 1 April to 30 June’

                                    09.4215

                                    ‘109 441 000  kg, divided as follows:
                                    30 % for sub-period 1 July to 30 September
                                    30 % for sub-period 1 October to 31 December
                                    20 % for sub-period 1 January to 31 March
                                    20 % for sub-period 1 April to 30 June’

                                    09.4216

                                    ‘8 471 000  kg, divided as follows:
                                    30 % for sub-period 1 July to 30 September
                                    30 % for sub-period 1 October to 31 December
                                    20 % for sub-period 1 January to 31 March
                                    20 % for sub-period 1 April to 30 June’

                                    09.4217

                                    ‘89 950 000  kg, divided as follows:
                                    30 % for sub-period 1 July to 30 September
                                    30 % for sub-period 1 October to 31 December
                                    20 % for sub-period 1 January to 31 March
                                    20 % for sub-period 1 April to 30 June’

                                    09.4218

                                    ‘11 301 000  kg, divided as follows:
                                    30 % for sub-period 1 July to 30 September
                                    30 % for sub-period 1 October to 31 December
                                    20 % for sub-period 1 January to 31 March
                                    20 % for sub-period 1 April to 30 June’

                                    09.4251

                                    ‘10 969 000  kg, divided as follows:
                                    30 % for sub-period 1 July to 30 September
                                    30 % for sub-period 1 October to 31 December
                                    20 % for sub-period 1 January to 31 March
                                    20 % for sub-period 1 April to 30 June’

                                    09.4252

                                    ‘59 699 000  kg, divided as follows:
                                    30 % for sub-period 1 July to 30 September
                                    30 % for sub-period 1 October to 31 December
                                    20 % for sub-period 1 January to 31 March
                                    20 % for sub-period 1 April to 30 June’

                                    09.4253

                                    ‘163 000  kg’

                                    09.4254

                                    ‘8 019 000  kg, divided as follows:
                                    30 % for sub-period 1 July to 30 September
                                    30 % for sub-period 1 October to 31 December
                                    20 % for sub-period 1 January to 31 March
                                    20 % for sub-period 1 April to 30 June’

                                    09.4255

                                    ‘1 162 000  kg, divided as follows:
                                    30 % for sub-period 1 July to 30 September
                                    30 % for sub-period 1 October to 31 December
                                    20 % for sub-period 1 January to 31 March
                                    20 % for sub-period 1 April to 30 June’

                                    09.4256

                                    ‘8 572 000  kg, divided as follows:
                                    30 % for sub-period 1 July to 30 September
                                    30 % for sub-period 1 October to 31 December
                                    20 % for sub-period 1 January to 31 March
                                    20 % for sub-period 1 April to 30 June’

                                    09.4257

                                    ‘0 kg’

                                    09.4258

                                    ‘300 000  kg’

                                    09.4259

                                    ‘278 000  kg’

                                    09.4260

                                    ‘1 669 000  kg, divided as follows:
                                    30 % for sub-period 1 July to 30 September
                                    30 % for sub-period 1 October to 31 December
                                    20 % for sub-period 1 January to 31 March
                                    20 % for sub-period 1 April to 30 June’

                                    09.4263

                                    ‘159 000  kg’

                                    09.4264

                                    ‘0 kg’

                                    09.4265

                                    ‘58 000  kg’

                                    09.4410

                                    ‘14 479 000  kg, divided as follows: 25 % for each sub-period’

                                    09.4411

                                    ‘4 432 000  kg, divided as follows: 25 % for each sub-period’

                                    09.4412

                                    ‘2 868 000  kg, divided as follows: 25 % for each sub-period’

                                    09.4420

                                    ‘4 227 000  kg, divided as follows: 25 % for each sub-period’

                                    09.4422

                                    ‘2 121 000  kg, divided as follows: 25 % for each sub-period’

                        (2)

                        the table concerning order number 09.4273 is replaced by the following:

                                    ‘Order number

                                       09.4273

                                       International agreement or other act

                                       Council Decision (EU) 2017/1247 of 11 July 2017 on the conclusion, on behalf of the European Union, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other party

                                       Council Decision (EU) 2019/2145 of 5 December 2019 on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and Ukraine amending the trade preferences for poultry meat and poultry meat preparations provided for by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part

                                       Tariff quota period

                                    1 January to 31 December

                                       Tariff quota sub-periods

                                    1 January to 31 March
                                    1 April to 30 June
                                    1 July to 30 September
                                    1 October to 31 December

                                       Licence application

                                    In accordance with Articles 6, 7 and 8 of this Regulation

                                       Product description

                                    Meat and edible offal of poultry, fresh, chilled or frozen; other prepared or preserved meat of turkeys and of fowls of the species Gallus domesticus

                                       Origin

                                    Ukraine

                                       Proof of origin at licence application. If yes, body authorised to issue it

                                    No

                                       Proof of origin for release into free circulation

                                    Yes. In accordance with Title V of Protocol 1 to the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part

                                       Quantity in kilograms

                                    TRQ period as from 2021: 70 000 000  kg net weight, divided as follows: 25 % for each sub-period

                                       CN codes

                                    0207 11 30
                                    0207 11 90
                                    0207 12
                                    0207 13 10
                                    0207 13 20
                                    0207 13 30
                                    0207 13 50
                                    0207 13 60
                                    0207 13 70
                                    0207 13 99
                                    0207 14 10
                                    0207 14 20
                                    0207 14 30
                                    0207 14 50
                                    0207 14 60
                                    0207 14 70
                                    0207 14 99
                                    0207 24
                                    0207 25
                                    0207 26 10
                                    0207 26 20
                                    0207 26 30
                                    0207 26 50
                                    0207 26 60
                                    0207 26 70
                                    0207 26 80
                                    0207 26 99
                                    0207 27 10
                                    0207 27 20
                                    0207 27 30
                                    0207 27 50
                                    0207 27 60
                                    0207 27 70
                                    0207 27 80
                                    0207 27 99
                                    0207 41 30
                                    0207 41 80
                                    0207 42
                                    0207 44 10
                                    0207 44 21
                                    0207 44 31
                                    0207 44 41
                                    0207 44 51
                                    0207 44 61
                                    0207 44 71
                                    0207 44 81
                                    0207 44 99
                                    0207 45 10
                                    0207 45 21
                                    0207 45 31
                                    0207 45 41
                                    0207 45 51
                                    0207 45 61
                                    0207 45 81
                                    0207 45 99
                                    0207 51 10
                                    0207 51 90
                                    0207 52 90
                                    0207 54 10
                                    0207 54 21
                                    0207 54 31
                                    0207 54 41
                                    0207 54 51
                                    0207 54 61
                                    0207 54 71
                                    0207 54 81
                                    0207 54 99
                                    0207 55 10
                                    0207 55 21
                                    0207 55 31
                                    0207 55 41
                                    0207 55 51
                                    0207 55 61
                                    0207 55 81
                                    0207 55 99
                                    0207 60 05
                                    0207 60 10
                                    ex 0207 60 21  (fresh or chilled, halves or quarters of guinea fowls)
                                    0207 60 31
                                    0207 60 41
                                    0207 60 51
                                    0207 60 61
                                    0207 60 81
                                    0207 60 99
                                    0210 99 39
                                    1602 31
                                    1602 32
                                    1602 39 21

                                       In-quota customs duty

                                    EUR 0

                                       Proof of trade

                                    Yes. Proof of trade required only when Article 9(9) of Delegated Regulation (EU) 2020/760 applies. 25 tonnes

                                       Security for import licence

                                    EUR 75 per 100 kg

                                       Specific entries to be made on the licence application and on the licence

                                    Section 8 of the import licence application and of the import licence shall indicate the country of origin; box ‘yes’ in that section shall be crossed

                                       Period of validity of a licence

                                    In accordance with Article 13 of this Regulation

                                       Transferability of licence

                                    Yes

                                       Reference quantity

                                    Yes

                                       Operator registered in LORI database

                                    Yes

                                       Specific conditions

                                    No’


title: Commission Implementing Regulation (EU) 2020/1769 of 25 November 2020 on the reimbursement, in accordance with Article 26(5) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council, of the appropriations carried over from financial year 2020

text:
                  27.11.2020

                  EN

                  Official Journal of the European Union

                  L 398/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1769
         of 25 November 2020
         on the reimbursement, in accordance with Article 26(5) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council, of the appropriations carried over from financial year 2020
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 26(6) thereof,
         After consulting the Committee on the Agricultural Funds,
         Whereas:

                     (1)

                     In accordance with point (d) of the first subparagraph of Article 12(2) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (2) non-committed appropriations relating to the actions financed by the European Agricultural Guarantee Fund (EAGF) as referred to in Article 4(1) of Regulation (EU) No 1306/2013 may be carried over to the following financial year. Such carryover is limited to 2 % of the initial appropriations voted by the European Parliament and by the Council and to the amount of the adjustment of direct payments as referred to in Article 8 of Regulation (EU) No 1307/2013 of the European Parliament and of the Council (3) which was applied during the preceding financial year.

                     (2)

                     In accordance with Article 26(5) of Regulation (EU) No 1306/2013, by way of derogation from the third subparagraph of Article 12(2) of Regulation (EU, Euratom) 2018/1046, Member States are to reimburse the carryover referred to in point (d) of the first subparagraph of Article 12(2) of Regulation (EU, Euratom) 2018/1046 to the final recipients who are subject to the adjustment rate in the financial year to which the appropriations are carried over. That reimbursement only applies to final beneficiaries in those Member States where financial discipline applied (4) in the preceding financial year.

                     (3)

                     When setting the amount of the carryover to be reimbursed, in accordance with Article 26(7) of Regulation (EU) No 1306/2013 the amounts of the reserve for crises in the agricultural sector referred to in Article 25 of that Regulation, not made available for crisis measures by the end of the financial year, are to be taken into account.

                     (4)

                     In accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1928 (5), financial discipline is applied to direct payments in respect of calendar year 2019 to establish the crisis reserve. The crisis reserve has not been called on in financial year 2020.

                     (5)

                     In order to ensure that the reimbursement to the final recipients of unused appropriations as a result of the application of financial discipline remains proportionate to the amount of the financial discipline adjustment, it is appropriate that the Commission determines the amounts available to the Member States for the reimbursement.

                     (6)

                     To avoid compelling Member States to make an additional payment for that reimbursement, this Regulation needs to apply from 1 December 2020. Consequently, the amounts established by this Regulation are definitive and apply, without prejudice to the application of reductions in accordance with Article 41 of Regulation (EU) No 1306/2013, to any other corrections taken into account in the monthly payment decision concerning the expenditure effected by the paying agencies of the Member States for October 2020, in accordance with Article 18(3) of Regulation (EU) No 1306/2013 and to any deductions and supplementary payments to be made in accordance with Article 18(4) of that Regulation or to any decisions which will be taken within the framework of the clearance of accounts procedure.

                     (7)

                     In accordance with the introductory phrase of Article 12(2) of Regulation (EU, Euratom) 2018/1046, the non-committed appropriations may be carried over to the following financial year only. It is therefore appropriate for the Commission to determine eligibility dates for the expenditure of the Member States in relation to the reimbursement in accordance with Article 26(5) of Regulation (EU) No 1306/2013, taking into account the agricultural financial year as defined in Article 39 of that Regulation.

                     (8)

                     As the amounts to be carried over and made available concern the 2021 budget, it follows from Article 135(1) 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 that there is no need to set an amount in respect of the United Kingdom in this Regulation.

                     (9)

                     In order to take into account the short time span between the communication of the execution of 2020 EAGF appropriations under shared management for the period from 16 October 2019 to 15 October 2020 by the Member States and the need to apply this Regulation from 1 December 2020, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The amounts of the appropriations that will be carried over from financial year 2020 in accordance with point (d) of the first subparagraph and the third subparagraph of Article 12(2) of Regulation (EU, Euratom) 2018/1046 and that in accordance with Article 26(5) of Regulation (EU) No 1306/2013 are made available to the Member States for the reimbursement to the final recipients who are subject to the adjustment rate in financial year 2021, are laid down in the Annex to this Regulation.
            The amounts that will be carried over are subject to the carryover decision of the Commission in accordance with Article 12(3) of Regulation (EU, Euratom) 2018/1046.

            Article 2
            Member States’ expenditure in relation to the reimbursement of the appropriations carried over shall only be eligible for Union financing if the relevant amounts have been paid to the beneficiaries before 16 October 2021.

            Article 3
            This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
            It shall apply from 1 December 2020.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 25 November 2020.

                  For the Commission,

                  On behalf of the President,

               Wolfgang BURTSCHER

                  Director-General

                  Directorate-General for Agriculture and Rural Development

            (1)  OJ L 347, 20.12.2013, p. 549.

            (2)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

            (3)  Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).

            (4)  Financial discipline does not apply in financial year 2020 in Croatia in accordance with Article 8(2) of Regulation (EU) No 1307/2013.

            (5)  Commission Implementing Regulation (EU) 2019/1928 of 19 November 2019 adapting the adjustment rate for direct payments pursuant to Regulation (EU) No 1306/2013 of the European Parliament and of the Council in respect of the calendar year 2019 and repealing Commission Implementing Regulation (EU) 2019/916 (OJ L 299, 20.11.2019, p. 49).


title: Commission Implementing Regulation (EU) 2020/1773 of 26 November 2020 amending Regulation (EC) No 429/2008 on detailed rules for the implementation of Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards the preparation and the presentation of applications and the assessment and the authorisation of feed additives (Text with EEA relevance)

text:
                  27.11.2020

                  EN

                  Official Journal of the European Union

                  L 398/19

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1773
         of 26 November 2020
         amending Regulation (EC) No 429/2008 on detailed rules for the implementation of Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards the preparation and the presentation of applications and the assessment and the authorisation of feed additives
         (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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 7(4) thereof,
         After consulting the European Food Safety Authority,
         Whereas:

                     (1)

                     Commission Regulation (EC) No 429/2008 (2) sets out detailed rules for the implementation of Regulation (EC) No 1831/2003 as regards the preparation and the presentation of applications for the authorisation of feed additives and the assessment of such applications.

                     (2)

                     Regulation (EU) 2019/1381 of the European Parliament and of the Council (3) aims at increasing the transparency and the sustainability of Union risk assessment in the food chain. For that purpose, it amends Regulation (EC) No 178/2002 of the European Parliament and of the Council (4) and Regulation (EC) No 1831/2003 with a view to strengthening transparency in procedures concerning the authorisation of feed additives.

                     (3)

                     To take into account sectoral specificities, Regulation (EU) 2019/1381 amends the provisions relating to transparency and confidentiality laid down in Regulation (EC) No 1831/2003.

                     (4)

                     As regards the authorisation of feed additives, the amendments brought to Regulation (EC) No 178/2002 by Regulation (EU) 2019/1381 have also a direct impact on the requirements laid down in Regulation (EC) No 429/2008 as far as the preparation and the presentation of application dossiers are concerned, requiring the adaptation of those requirements for reasons of consistency and legal certainty. Regulation (EC) No 429/2008 should be amended to lay down the necessary additional provisions regarding the preparation and the presentation of application dossiers.

                     (5)

                     In particular, the provisions of Regulation (EC) No 429/2008 should be adapted as regards confidentiality requests, the format of the information and data supporting applications, which should be electronic and will need to comply with standard data formats, the concept of summary of the dossier due to the transparency principle laid down by Regulation (EU) 2019/1381 and the reference to studies notified in accordance with Article 32b of Regulation (EC) No 178/2002.

                     (6)

                     This Regulation should apply from 27 March 2021 and to applications and dossiers submitted as of that date, which is the date of application of Regulation (EU) 2019/1381.

                     (7)

                     Regulation (EC) No 429/2008 should therefore be amended accordingly.

                     (8)

                     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
            Amendments to Regulation (EC) No 429/2008
            Regulation (EC) No 429/2008 is amended as follows:

                        (1)

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

                           ‘2.   Prior to the adoption of standard data formats pursuant to Article 39f of Regulation (EC) No 178/2002 of the European Parliament and of the Council (*1), the application and the dossier shall be submitted through the electronic submission system provided by the Commission, in an electronic format allowing for the downloading, printing and searching of documents. After the adoption of the standard data formats pursuant to Article 39f of Regulation (EC) No 178/2002, the application and the dossier shall be submitted through the electronic submission system provided by the Commission in accordance with those standard data formats.

                           (*1)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002. p. 1).’;"

                        (2)

                        Annexes I and II are amended in accordance with the Annex to this Regulation.

            Article 2
            Entry into force and 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 27 March 2021 and to applications and dossiers submitted from that date.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 26 November 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 268, 18.10.2003, p. 29.

            (2)  Commission Regulation (EC) No 429/2008 of 25 April 2008 on detailed rules for the implementation of Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards the preparation and the presentation of applications and the assessment and the authorisation of feed additives (OJ L 133, 22.5.2008, p. 1).

            (3)  Regulation (EU) 2019/1381 of the European Parliament and of the Council of 20 June 2019 on the transparency and sustainability of the EU risk assessment in the food chain and amending Regulations (EC) No 178/2002, (EC) No 1829/2003, (EC) No 1831/2003, (EC) No 2065/2003, (EC) No 1935/2004, (EC) No 1331/2008, (EC) No 1107/2009, (EU) 2015/2283 and Directive 2001/18/EC (OJ L 231, 6.9.2019, p. 1).

            (4)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002. p. 1).

            ANNEX
            Annexes I and II to Regulation (EC) No 429/2008 are amended as follows:

                        (1)

                        in Annex I, point 1.5 is replaced by the following:

                                    ‘1.5.

                                       Enclosures

                                                ☐

                                                complete dossier;

                                                ☐

                                                summary of the dossier in accordance with Article 7(3)(h) of Regulation (EC) No 1831/2003;

                                                ☐

                                                scientific summary of the dossier;

                                                ☐

                                                all information concerning the notification of the studies in accordance with Article 32b of Regulation (EC) No 178/2002;

                                                ☐

                                                confidentiality request in accordance with Article 18 of Regulation (EC) No 1831/2003;

                                                ☐

                                                copy of the administrative data of the applicant(s);

                                                ☐

                                                three samples of the feed additive to the CRL in accordance with Article 7(3)(f) of Regulation (EC) No 1831/2003;

                                                ☐

                                                to the CRL: material safety data sheet;

                                                ☐

                                                to the CRL: certificate of identification and analysis; and

                                                ☐

                                                confirmation that the fee to the CRL has been paid (Article 4 of Commission Regulation (EC) No 378/2005 (*1)).

                           (*1)  Commission Regulation (EC) No 378/2005 of 4 March 2005 on detailed rules for the implementation of Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards the duties and tasks of the Community Reference Laboratory concerning applications for authorisations of feed additives (OJ L 59, 5.3.2005, p. 8).’;"

                        (2)

                        Annex II is amended as follows:

                                    (a)

                                    in the part ‘General aspects’, the penultimate paragraph before the heading ‘Safety assessment’ is replaced by the following:
                                    ‘Each dossier shall contain a summary and a scientific summary in order to enable the additive concerned to be identified and characterised.’;

                                    (b)

                                    in point 1.1 under Section I, the title is replaced by the following:

                                                ‘1.1.

                                                   Summary in accordance with Article 7(3)(h) of Regulation (EC) No 1831/2003’;

                                    (c)

                                    point 1.1.1(d) is replaced by the following:

                                                ‘(d)

                                                studies on safety and efficacy of the additive, along with all information concerning the notification of the studies in accordance with Article 32b of Regulation (EC) No 178/2002;’.

               (*1)  Commission Regulation (EC) No 378/2005 of 4 March 2005 on detailed rules for the implementation of Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards the duties and tasks of the Community Reference Laboratory concerning applications for authorisations of feed additives (OJ L 59, 5.3.2005, p. 8).’;’


title: Commission Implementing Regulation (EU) 2020/1798 of 30 November 2020 concerning the authorisation of L-lysine monohydrochloride produced by Corynebacterium glutamicum DSM 32932 and L-lysine sulphate produced by Corynebacterium glutamicum KFCC 11043 as feed additives for all animal species (Text with EEA relevance)

text:
                  1.12.2020

                  EN

                  Official Journal of the European Union

                  L 402/39

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1798
         of 30 November 2020
         concerning the authorisation of L-lysine monohydrochloride produced by Corynebacterium glutamicum DSM 32932 and L-lysine sulphate produced by Corynebacterium glutamicum KFCC 11043 as feed additives for all animal species
         (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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
         Whereas:

                     (1)

                     Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

                     (2)

                     In accordance with Article 7 of Regulation (EC) No 1831/2003 applications were submitted for the authorisation of L-lysine monohydrochloride produced by Corynebacterium glutamicum DSM 32932 and L-lysine sulphate produced by Corynebacterium glutamicum KFCC 11043. The applications were accompanied by the particulars and documents required under Article 7(3) of that Regulation.

                     (3)

                     The applications concern the authorisation of L-lysine monohydrochloride produced by Corynebacterium glutamicum DSM 32932 and L-lysine sulphate produced by Corynebacterium glutamicum KFCC 11043 as feed additives for all animal species, to be classified in the additive category ‘nutritional additives’, functional group ‘amino acids, their salts and analogues’.

                     (4)

                     The European Food Safety Authority (‘the Authority’) concluded in its opinion of 19 March 2020 (2) that, under the proposed conditions of use, L-lysine monohydrochloride produced by Corynebacterium glutamicum DSM 32932 does not have an adverse effect on animal health, consumer safety or the environment. The Authority stated a risk for the users as it should be considered as an eye irritant. Therefore, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. In its opinion of 1 July 2020 (3), the Authority concluded that, under the proposed conditions of use, L-lysine sulphate produced by Corynebacterium glutamicum KFCC 11043 does not have an adverse effect on animal health, human health or the environment. The Authority also concluded that both additives are efficacious sources of the amino acid L-lysine for all animal species and that in order to be as efficacious in ruminants as in non-ruminant species, the additives should be protected against degradation in the rumen. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the reports on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

                     (5)

                     The assessment of L-lysine monohydrochloride produced by Corynebacterium glutamicum DSM 32932 and of L-lysine sulphate produced by Corynebacterium glutamicum KFCC 11043 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of these substances should be authorised as specified in the Annex to this Regulation.

                     (6)

                     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
            The substances specified in the Annex, belonging to the additive category ‘nutritional additives’ and to the functional group ‘amino acids, their salts and analogues’, are authorised as additives in animal nutrition subject to the conditions laid down in that Annex.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 30 November 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 268, 18.10.2003, p. 29.

            (2)  EFSA Journal 2020;18(4):6078.

            (3)  EFSA Journal 2020;18(7):6203.

            ANNEX

                        Identification number of the additive

                        Name of the holder of authorisation

                        Additive

                        Composition, chemical formula, description, analytical method

                        Species or category of animal

                        Maximum age

                        Minimum content

                        Maximum content

                        Other provisions

                        End of period of authorisation

                        mg/kg of complete feed with a moisture content of 12 %

                           Category of nutritional additives. Functional group: amino acids, their salts and analogues

                        3c322i

                        L-lysine monohydrochloride, technically pure

                           Additive composition

                        Powder of L-lysine monohydrochloride with a minimum of 78 % L-lysine and a maximum moisture content of 1,5 %.

                        All species

                        -

                        -

                        -

                                    1.

                                    The lysine content shall be indicated on the labelling of the additive.

                                    2.

                                    L-lysine monohydrochloride, technically pure, may be placed on the market and used as an additive consisting of a preparation.

                                    3.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks for the eyes. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment.

                                    4.

                                    Declarations to be made on the labelling of the additive and premixtures: ‘The supplementation with L-lysine should take into account all essential and conditional essential amino acids in order to avoid imbalances.’

                        21.12.2030

                           Characterisation of the active substance

                        L-lysine monohydrochloride produced by fermentation with Corynebacterium glutamicum DSM 32932.
                        Chemical formula: C6H15ClN2O2

                        CAS Number: 657-27-2

                           Analytical methods
                            (1)

                        For the identification of L-lysine monohydrochloride in the feed additive:

                                    —

                                    Food Chemical Codex ‘L-lysine monohydrochloride monograph’

                              For the quantification of lysine in the feed additive and premixtures containing more than 10 % lysine:

                                    —

                                    ion exchange chromatography coupled with post-column derivatisation and photometric detection (IEC-VIS/FLD) – EN ISO 17180.

                              For the quantification of lysine in premixtures, compound feed and feed materials:

                                    —

                                    ion exchange chromatography coupled with post-column derivatisation and photometric detection (IEC-VIS), Commission Regulation (EC) No 152/2009 (2) (Annex III, F).

                        3c323

                        L-lysine sulphate

                           Additive composition

                        Granulate with a minimum L-lysine content of 55 % and a maximum content of 22 % sulphate and 4 % moisture

                        All species

                        -

                        -

                        10 000

                                    1.

                                    The L-lysine content shall be indicated on the labelling of the additive.

                                    2.

                                    L-lysine sulphate may be placed on the market and used as an additive consisting of a preparation.

                                    3.

                                    Declarations to be made on the labelling of the additive and premixtures: ‘The supplementation with L-lysine should take into account all essential and conditional essential amino acids in order to avoid imbalances.’

                        21.12.2030

                           Characterisation of the active substance

                        L-lysine sulphate produced by fermentation with Corynebacterium glutamicum KFCC 11043
                        Chemical formula: C12H30N4O8S
                        CAS number: 60343-69-3

                           Analytical methods
                            (1)

                        For the quantification of lysine in the feed additive and premixtures containing more than 10 % lysine:

                                    —

                                    ion exchange chromatography coupled with post-column derivatisation and photometric detection (IEC-VIS/FLD) – EN ISO 17180

                              For the identification of sulphate in the feed additive:

                                    —

                                    European Pharmacopoeia Monograph 20301

                              For the quantification of lysine in premixtures, compound feed and feed materials:

                                    —

                                    ion exchange chromatography coupled with post-column derivatisation and photometric detection (IEC-VIS), Regulation (EC) No 152/2009 (Annex III, F).

               (1)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports

               (2)  Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed (OJ L 54, 26.2.2009, p. 1).


title: Commission Implementing Regulation (EU) 2020/1801 of 30 November 2020 adapting the adjustment rate for direct payments pursuant to Regulation (EU) No 1306/2013 of the European Parliament and of the Council in respect of the calendar year 2020

text:
                  1.12.2020

                  EN

                  Official Journal of the European Union

                  L 402/49

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1801
         of 30 November 2020
         adapting the adjustment rate for direct payments pursuant to Regulation (EU) No 1306/2013 of the European Parliament and of the Council in respect of the calendar year 2020
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 26(4) thereof,
         After consulting the Committee on the Agricultural Funds,
         Whereas:

                     (1)

                     Commission Implementing Regulation (EU) 2020/862 (2) has fixed the adjustment rate for direct payments pursuant to Regulation (EU) No 1306/2013 in respect of the calendar year 2020. That adjustment rate has been set based on the information available in the context of the 2021 Draft Budget, in particular taking into account an amount of financial discipline of EUR 487,6 million for the reserve for crises in the agricultural sector referred to in Article 25 of Regulation (EU) No 1306/2013.

                     (2)

                     That adjustment rate also took into account the need to apply financial discipline in order to respect the annual ceilings referred to in Article 16 of Regulation (EU) No 1306/2013, as provided for in Article 26(1) of that Regulation.

                     (3)

                     While the need for financial discipline remains at EUR 487,6 million for the reserve for crises in the agricultural sector, the preliminary estimates available in relation to the upcoming Commission Amending Letter No 1 to the 2021 Draft Budget covering forecasts for direct payments and market related expenditure, show nevertheless the need to adapt the rate of financial discipline set in Implementing Regulation (EU) 2020/862.

                     (4)

                     Consequently, based on the new information in possession of the Commission, it is appropriate to adapt the adjustment rate in accordance with Article 26(4) of Regulation (EU) No 1306/2013 before 1 December of the calendar year in respect of which the adjustment rate applies.

                     (5)

                     The amended proposal for a Council Regulation laying down the multiannual financial framework for the years 2021 to 2027 (3) has not yet been adopted. Therefore, as a precautionary measure and considering the already very advanced stage of the decision-making procedure for the adoption of that Regulation, the net balance available for the European Agricultural Guarantee Fund expenditure for financial year 2021 amounting to EUR 40 368,0 million (sub-ceiling as set out in the European Council conclusions of 21 July 2020, adjusted for transfers notified by Member States in allocations between the European Agricultural Fund for Rural Development and direct payments), should be used for the calculation of the adjustment rate.

                     (6)

                     As a general rule, farmers submitting an aid application for direct payments for one calendar year (N) are paid within a fixed payment period falling within the financial year (N+1). However, Member States may make late payments to farmers beyond that payment period, within certain limits. Such late payments may be made in a subsequent financial year. When financial discipline is applied for a given calendar year, the adjustment rate should not be applied to payments for which aid applications have been submitted in calendar years other than the calendar year for which the financial discipline applies. Therefore, in order to ensure equal treatment of farmers, it is appropriate to provide that the adjustment rate is to be applied only to payments for which aid applications have been submitted in the calendar year for which the financial discipline is applied, irrespectively of when the payment to farmers is made.

                     (7)

                     Article 8(1) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council (4) provides that the adjustment rate applied to direct payments determined in accordance with Article 26 of Regulation (EU) No 1306/2013 is to apply only to direct payments in excess of EUR 2 000 to be granted to farmers in the corresponding calendar year. Furthermore, Article 8(2) of Regulation (EU) No 1307/2013 provides that, as a result of the gradual introduction of direct payments, the adjustment rate is to apply to Croatia only from 1 January 2022. The adjustment rate to be determined by this Regulation should therefore not apply to payments to farmers in that Member State.

                     (8)

                     The adapted adjustment rate should be taken into account for the calculation of all payments to be granted to a farmer for an aid application submitted in respect of the calendar year 2020. For the sake of clarity, Implementing Regulation (EU) 2020/862 should therefore be repealed.

                     (9)

                     In order to ensure that the adapted adjustment rate is applicable as from the date on which the payments to farmers are to start in accordance with Regulation (EU) No 1306/2013, this Regulation should apply from 1 December 2020,

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   For the purpose of fixing the adjustment rate provided for in Articles 25 and 26 of Regulation (EU) No 1306/2013, and in accordance with Article 8(1) of Regulation (EU) No 1307/2013, the amounts of direct payments under the support schemes listed in Annex I to Regulation (EU) No 1307/2013 to be granted to farmers in excess of EUR 2 000 for an aid application submitted in respect of the calendar year 2020 shall be reduced by an adjustment rate of 2,906192 %.

               2.   The reduction provided for in paragraph 1 shall not apply in Croatia.

            Article 2
            Implementing Regulation (EU) 2020/862 is repealed.

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

            It shall apply from 1 December 2020.
            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 30 November 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 347, 20.12.2013, p. 549.

            (2)  Commission Implementing Regulation (EU) 2020/862 of 19 June 2020 fixing the adjustment rate for direct payments pursuant to Regulation (EU) No 1306/2013 of the European Parliament and of the Council in respect of the calendar year 2020 (OJ L 197, 22.6.2020, p. 3).

            (3)  COM(2020) 443 final.

            (4)  Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).


title: Commission Implementing Regulation (EU) 2020/1825 of 2 December 2020 amending Articles 7 and 8 of Implementing Regulation (EU) 2019/2072 as regards temporary measures for the introduction into, or movement within, the Union territory of certain plants, plant products or other objects

text:
                  3.12.2020

                  EN

                  Official Journal of the European Union

                  L 406/58

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1825
         of 2 December 2020
         amending Articles 7 and 8 of Implementing Regulation (EU) 2019/2072 as regards temporary measures for the introduction into, or movement within, the Union territory of certain plants, plant products or other objects
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants (1), and in particular Articles 40(2) and 41(2) thereof,
         Whereas:

                     (1)

                     Article 7 of Commission Implementing Regulation (EU) 2019/2072 (2), in conjunction with Annex VI of that Regulation, provides for a list of plants, plant products and other objects whose introduction into the Union territory is prohibited, together with the third countries, groups of third countries or specific areas of third countries to which the prohibition applies, as referred to in Article 40(2) of Regulation (EU) 2016/2031.

                     (2)

                     Article 8(1) of Implementing Regulation (EU) 2019/2072, in conjunction with Annex VII of that Regulation, provides for a list of plants, plant products and other objects, originating from third countries, and the corresponding special requirements for their introduction into the Union territory, as referred to in Article 41(2) of Regulation (EU) 2016/2031.

                     (3)

                     Moreover, Article 8(2) of Implementing Regulation (EU) 2019/2072, in conjunction with Annex VIII of that Regulation, provides for a list of plants, plant products and other objects, originating in the Union territory, and the corresponding special requirements for their movement within the Union territory, as referred to in Article 41(2) of Regulation (EU) 2016/2031.

                     (4)

                     Since the adoption of Implementing Regulation (EU) 2019/2072, it has become clear that, in certain exceptional cases, certain implementing acts, setting out temporary prohibitions or special requirements for the introduction into, or movement within, the Union territory of certain plants, plant products or other objects, need to be adopted pursuant to Articles 28(1), 30(1), 40(2), (41)2, 42(3), 42(4) or 49(1) of Regulation (EU) 2016/2031 to address specific phytosanitary risks, which have not been sufficiently assessed. That will allow the phytosanitary risks addressed through those prohibitions or special requirements to be further assessed in order to determine their phytosanitary status.

                     (5)

                     Therefore, Articles 7 and 8 of Implementing Regulation (EU) 2019/2072 should provide that the respective prohibitions or special requirements are to apply without prejudice to those acts.

                     (6)

                     Implementing Regulation (EU) 2019/2072 should therefore be amended accordingly.

                     (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
            Amendment of Implementing Regulation (EU) 2019/2072
            Implementing Regulation (EU) 2019/2072 is amended as follows:

                        (1)

                        in Article 7, the following subparagraph is added:
                        ‘The first paragraph shall apply without prejudice to any other acts setting out prohibitions, having a temporary character, adopted pursuant to Articles 40(2), 42(3) or 49(1) of Regulation (EU) 2016/2031, and concerning the introduction into the Union territory of certain plants, plant products or other objects to address particular phytosanitary risks which are not yet fully assessed.’;

                        (2)

                        Article 8 is amended as follows:

                                    (a)

                                    in paragraph 1, the following subparagraph is added:
                                    ‘The first subparagraph shall apply without prejudice to any other acts setting out special requirements, having a temporary character, adopted pursuant to Articles 41(2), 42(4) or 49(1) of Regulation (EU) 2016/2031, and concerning the introduction into the Union territory of certain plants, plant products or other objects to address particular phytosanitary risks which are not yet fully assessed.’;

                                    (b)

                                    in paragraph 2, the following subparagraph is added:
                                    ‘The first subparagraph shall apply without prejudice to any other acts setting out special requirements, having a temporary character, adopted pursuant to Articles 28(1), 30(1), 41(2), 42(4) or 49(1) of Regulation (EU) 2016/2031, and concerning the movement within the Union territory of certain plants, plant products or other objects to address particular phytosanitary risks which are not yet fully assessed.’.

            Article 2
            Entry into force
            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, 2 December 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ L 317, 23.11.2016, p. 4).

            (2)  Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 (OJ L 319, 10.12.2019, p. 1).