title: Council Implementing Regulation (EU) 2020/897 of 29 June 2020 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela

text:
                  29.6.2020

                  EN

                  Official Journal of the European Union

                  LI 205/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2020/897
         of 29 June 2020
         implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) 2017/2063 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela (1), and in particular Article 17(1) thereof,
         Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 13 November 2017, the Council adopted Regulation (EU) 2017/2063.

                     (2)

                     On 21 December 2019, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) issued a declaration on behalf of the Union which mentioned that the decision of the Venezuelan Supreme Court and the non-recognised Constituent Assembly to strip four members of the National Assembly of their constitutionally granted parliamentary immunity was a serious violation of the constitutional provisions, the rule of law and the democratic principle of separation of powers. The declaration made clear that the Union will continue to monitor the situation and indicated the Union’s readiness to use its available instruments to promote democracy, the rule of law and human rights, including targeted measures that do not harm the Venezuelan people.

                     (3)

                     On 9 January 2020, the High Representative issued a declaration on behalf of the Union which stated that recent acts against the only democratically elected body in Venezuela, the National Assembly, and many of its Members, including the President of the National Assembly, have further escalated the Venezuelan crisis and that the attempts to forcibly block a legitimate election process for the Board of Directors of the National Assembly on 5 January 2020 and the use of force against its President and several lawmakers to impede their access to the National Assembly were utterly unacceptable. That declaration also indicated that the voting session that led to the so-called election of Luis Parra was not legitimate as it did not respect the legal procedures, nor the democratic constitutional principles, and that the Members of the National Assembly must be able to exercise their parliamentary mandate as received from the Venezuelan people free of any intimidation or reprisal. Moreover, in light of these serious acts and decisions undermining democracy, the rule of law and human rights, that declaration underlined the Union’s commitment to starting work towards applying targeted measures against individuals involved in the violation of those principles and rights.

                     (4)

                     On 4 June 2020, the High Representative issued a declaration on behalf of the Union on the latest developments in Venezuela, including the decision of the Venezuelan Supreme Court of 26 May 2020 ratifying Luis Parra as President of the National Assembly. That declaration underlined that the Union considers that the voting session that led to the so-called election of Luis Parra was not legitimate, as it did not respect legal procedure nor democratic constitutional principles. It also stated that the latest developments have further deepened the long-lasting institutional and political crisis in Venezuela and reduced the democratic and constitutional space in the country. That declaration reiterated the position of the Union that a sustainable way out of the Venezuelan crisis can only be achieved through a genuine and inclusive political process, and underlined that the Union rejects all types of violence, including any military or violent incursion in the country. In this context, the Union noted that the recent agreement between national actors on humanitarian assistance is a positive step and stressed the need for all sides to work together and constructively on alleviating the dramatic suffering of the Venezuelan people that is being aggravated by the COVID-19 pandemic.

                     (5)

                     In this context, and in view of the continuing grave situation in Venezuela, eleven persons should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures as set out in Annex IV to Regulation (EU) 2017/2063.

                     (6)

                     Annex IV to Regulation (EU) 2017/2063 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex IV to Regulation (EU) 2017/2063 is amended as set out in the Annex to this Regulation.

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

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

                  For the Council

                  The President

               A. METELKO-ZGOMBIĆ

            (1)  OJ L 295, 14.11.2017, p. 21.

            ANNEX
            In Annex IV to Regulation (EU) 2017/2063, the following entries are added to the list of natural and legal persons, entities and bodies:

                           Name

                           Identifying information

                           Reasons

                           Date of listing

                           ‘26.

                           José Adelino Ornelas Ferreira
                           Alias: Ornella Ferreira/Ornellas Ferreira

                           Date of birth: 14 December 1964
                           Place of birth: Caracas, Distrito Capital, Venezuela
                           ID number: V-7087964
                           Gender: male

                           Secretary-General of the National Defence Council since 26 July 2019 and former commander of the National Capital Integral Strategic Defence Region (REDI Capital), former Chief of Staff and former Second-in-Command of the Operational and Strategic Command of the Bolivarian National Armed Forces of Venezuela (CEOFANB). In these roles he has supported and facilitated actions and policies of the Government of Venezuela which have undermined democracy and the rule of law in Venezuela. Responsible for serious human rights violations and repression of civil society and democratic opposition in Venezuela, including by obstructing the provision of humanitarian aid and by the use of excessive force by officials of the Bolivarian Armed Forces (FANB), and by subordinate forces under his command, including the Integral Strategic Defence Region (REDI), the Integral Defence Operations Zone (ZODI) and the Bolivarian National Guard.

                           29.6.2020

                           27.

                           Gladys del Valle Requena

                           Date of birth: 9 November 1952
                           Place of birth: Puerto Santo, Sucre, Venezuela
                           ID number: V-4114842
                           Gender: female

                           Member and, since 26 October 2018, the Second Vice-President of the non-recognised National Constituent Assembly (ANC). In her leading role in the non-recognised ANC she has undermined democracy and the rule of law in Venezuela including by signing the decree that stripped the president of the National Assembly of Venezuela, Juan Guaidó, of his parliamentary immunity.

                           29.6.2020

                           28.

                           Tania Valentina Diaz González

                           Date of birth: 18 June 1963
                           Place of birth: Caracas, Distrito Capital, Venezuela
                           ID number: V-6432672
                           Gender: female

                           Member and, since 4 January 2018, the First Vice-President of the non-recognised National Constituent Assembly (ANC). In her leading role in the non-recognised ANC she has undermined democracy and the rule of law in Venezuela, including by signing the decree that stripped the president of the National Assembly of Venezuela, Juan Guaidó, of his parliamentary immunity.

                           29.6.2020

                           29.

                           Elvis Eduardo Hidrobo Amoroso

                           Date of birth: 4 August 1963
                           Place of birth: Caracas, Distrito Capital, Venezuela
                           ID number: V-7659695
                           Gender: male

                           Comptroller General, since 23 October 2018, and former First and Second Vice-President of the non-recognised National Constituent Assembly (ANC). His actions have undermined democracy and the rule of law in Venezuela, including by leading the non-recognised ANC, signing the ‘law against hatred’, justifying the removal of a legally-elected opposition governor and banning Juan Guaidó from running for any public office.

                           29.6.2020

                           30.

                           Juan José Mendoza Jover

                           Date of birth: 11 March 1969
                           Place of birth: Trujillo, Venezuela
                           Address: Arnoldo Gabaldon, Candelaria, Edo. Trujillo
                           ID number: V-9499372
                           Gender: male

                           Second Vice-President of the Venezuelan Supreme Court of Justice (Tribunal Supremo de Justicia (TSJ)) and President of the Constitutional Chamber of the TSJ since 24 February 2017. His actions have undermined democracy and the rule of law in Venezuela, including by a number of judicial rulings in the past two years that have limited or undermined the constitutional powers of Venezuela’s democratically-elected legislative body, the National Assembly.

                           29.6.2020

                           31.

                           Jorge Elieser Marquez Monsalve

                           Date of birth: 20 February 1971
                           Place of birth: Caracas, Venezuela
                           ID number: V-8714253
                           Gender: male

                           Director-General of the National Commission of Telecommunications (CONATEL) since 7 August 2017. His actions have undermined democracy and the rule of law in Venezuela, including by severely limiting the rights of the Venezuelan people to free press, free speech and information. He used the special powers of CONATEL to silence criticism and dissidents of the regime by blocking, filtering and obstructing internet websites and by revoking existing licences for radio and television stations and refusing to grant new such licences.

                           29.6.2020

                           32.

                           Farik Karin Mora Salcedo

                           ID number: V-8608523
                           Gender: male

                           Prosecutor serving at the Venezuelan First Special Court of First Instance with an office within the Directorate-General of Military Counter-Intelligence (Dirección General de Contrainteligencia Militar (DGCIM)). His actions have undermined democracy and the rule of law in Venezuela, including by initiating politically motivated prosecutions which resulted in the arbitrary detention of members of the National Assembly and other officials opposing the Maduro regime.

                           29.6.2020

                           33.

                           Dinorah Yoselin Bustamante Puerta

                           Date of birth: 14 January 1975
                           ID number: V-10002096
                           Gender: female

                           Prosecutor serving at the Venezuelan First Special Court of First Instance, with an office within the Directorate-General of Military Counter-Intelligence (Dirección General de Contrainteligencia Militar (DGCIM)). Her actions have undermined democracy and the rule of law in Venezuela, including by initiating politically motivated prosecutions which resulted in the arbitrary detention of members of the National Assembly and other officials opposing the Maduro regime.

                           29.6.2020

                           34.

                           Luis Eduardo Parra Rivero

                           Date of birth: 7 July 1978
                           ID number: V-14211633
                           Gender: male

                           Member and illegitimately elected President of the National Assembly. As a member of the National Assembly, he staged his election as the President of the National Assembly on 5 January 2020, thereby undermining democracy and the rule of law in Venezuela. The election took place while entry of several parliamentarians to the premises of the National Assembly was blocked by military police, and without a quorum being reached. Therefore opposition members had to organise themselves outside of the premises of the National Assembly to re-elect Juan Guaidó as its President. Shortly after the staged election of Parra, supported by the regime’s political party (PSUV), Parra was welcomed by Maduro and the non-recognised National Constituent Assembly (ANC).

                           29.6.2020

                           35.

                           Franklyn Leonardo Duarte

                           Date of birth: 15 May 1977
                           ID number: V-3304045

                           Member and illegitimately elected first Vice-President of the National Assembly. As a member of the National Assembly, he staged his election as the first Vice-President of the National Assembly on 5 January 2020, thereby undermining democracy and the rule of law in Venezuela. The election took place while entry of several parliamentarians to the premises of the National Assembly was blocked by military police, and without a quorum being reached. Therefore opposition members had to organise themselves outside of the premises of the National Assembly to re-elect Juan Guaidó as its President. Shortly after the staged election of Duarte, supported by the regime’s political party (PSUV), the election of the Board of Directors of the National Assembly was welcomed by Maduro and the non-recognised National Constituent Assembly (ANC).

                           29.6.2020

                           36.

                           José Gregorio Noriega Figueroa

                           Date of birth: 21 February 1969
                           ID number: V-8348784
                           Gender: male

                           Member and illegitimately elected second Vice-President of the National Assembly. As a member of the National Assembly he staged his election as the second Vice-President of the National Assembly on 5 January 2020, thereby undermining democracy and the rule of law in Venezuela. The election took place while entry of several parliamentarians to the premises of the National Assembly was blocked by military police, and without a quorum being reached. Therefore opposition members had to organise themselves outside of the premises of the National Assembly to re-elect Juan Guaidó as its President. Shortly after the staged election of Noriega, supported by the regime’s political party (PSUV), the election of the Board of Directors of the National Assembly was welcomed by Maduro and the non-recognised National Constituent Assembly (ANC).

                           29.6.2020’.


title: Commission Implementing Regulation (EU) 2020/890 of 23 June 2020 entering a name in the register of protected designations of origin and protected geographical indications [‘Mele del Trentino’ (IGP)]

text:
                  30.6.2020

                  EN

                  Official Journal of the European Union

                  L 206/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/890
         of 23 June 2020
         entering a name in the register of protected designations of origin and protected geographical indications [‘Mele del Trentino’ (IGP)]
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
         Whereas:

                     (1)

                     Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy’s application to register the name ‘Mele del Trentino’ was published in the Official Journal of the European Union (2).

                     (2)

                     As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Mele del Trentino’ should therefore be entered in the register,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Mele del Trentino’ (PGI) is hereby entered in the register.
            The name specified in the first paragraph denotes a product in Class 1.6. Fruit, vegetables and cereals, fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

            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, 23 June 2020.

                  For the Commission

                  On behalf of the President

               Janusz WOJCIECHOWSKI

                  Member of the Commission

            (1)  OJ L 343, 14.12.2012, p. 1.

            (2)  OJ C 72, 5.3.2020, p. 14.

            (3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


title: Commission Implementing Regulation (EU) 2020/891 of 26 June 2020 amending Implementing Regulation (EU) No 447/2014 as regards specific provisions to align the provisions for the implementation of cross-border cooperation programmes financed under the Instrument for Pre-accession Assistance (IPA) with specific measures in response to the COVID-19 pandemic

text:
                  30.6.2020

                  EN

                  Official Journal of the European Union

                  L 206/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/891
         of 26 June 2020
         amending Implementing Regulation (EU) No 447/2014 as regards specific provisions to align the provisions for the implementation of cross-border cooperation programmes financed under the Instrument for Pre-accession Assistance (IPA) with specific measures in response to the COVID-19 pandemic
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 231/2014 of the European Parliament and of the Council of 11 March 2014 establishing an Instrument for Pre-accession Assistance (IPA II) (1), and in particular Article 12 thereof,
         Whereas:

                     (1)

                     In accordance with Article 33 of Commission Implementing Regulation (EU) No 447/2014 (2), the rules applicable to the European territorial cooperation goal (ETC) provided for in Regulations (EU) No 1303/2013 (3) and (EU) No 1299/2013 (4) of the European Parliament and of the Council shall apply.

                     (2)

                     The implementation of cross-border cooperation programmes, both under the Instrument for Pre-accession Assistance (IPA II) and the ETC, has been affected by the consequences of the COVID-19 pandemic in an unprecedented manner. This has created an exceptional situation that needs to be addressed with specific measures. These measures should enable cross-border cooperation programmes under IPA II to contribute to respond to the rapidly emerging needs in a flexible and effective manner with regard to the most exposed sectors, such as healthcare, business including small and medium-sized enterprises and labour market, thus enhancing the socio-economic recovery in the programmes' areas.

                     (3)

                     The specific measures introduced by Regulations (EU) 2020/460 (5) and (EU) 2020/558 (6) of the European Parliament and of the Council apply to the cross-border cooperation programmes under ETC and to the cross-border cooperation programmes under IPA II, as far as Articles 33 to 48 of Implementing Regulation (EU) No 447/2014 refer to provisions amended by Regulations (EU) 2020/460 and (EU) 2020/558. However, it is appropriate to also amend certain provisions of Implementing Regulation (EU) No 447/2014 not covered by those specific measures.

                     (4)

                     With a view to alleviating the burden on public budgets responding to the COVID-19 pandemic, managing authorities should be given the exceptional possibility to request a co-financing rate of 100% to be applied for the accounting year 2020–2021, in accordance with budget appropriations and subject to available funding.

                     (5)

                     In order to provide more flexibility in addressing the COVID-19 pandemic, more flexibility should be provided to Member States in programme implementation, and a simplified procedure not requiring a Commission decision should be provided for changes to cross-border cooperation programmes. The information to be submitted to the Commission about such changes should be clarified.

                     (6)

                     Given the urgency of the situation related to the COVID-19 pandemic, it is appropriate to allow for the prompt application of the measures provided for in this Regulation, which should therefore enter into force on the day following that of its publication in the Official Journal of the European Union.

                     (7)

                     Implementing Regulation (EU) No 447/2014 should therefore be amended accordingly.

                     (8)

                     The measures provided for in this Regulation are in accordance with the opinion of the IPA II Committee established by Regulation (EU) No 231/2014,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Implementing Regulation (EU) No 447/2014 is amended as follows:

                        (1)

                        in Article 28, a new paragraph 2A is added:

                           ‘2A.   By way of derogation to paragraph 2, at the request of the managing authority, a co-financing rate of 100% may be applied to expenditure declared in payment applications during the accounting year starting 1 July 2020 and ending 30 June 2021 for one or more priority axes.
                           Request for modification of the co-financing rate shall be submitted in accordance with the procedure for the amendment of programmes set out in Article 31(5A) and shall be accompanied by a revised programme. The co-financing rate of 100% shall apply only if the relevant amendment of the cooperation programme is approved by the Commission before the submission of the final application for an interim payment in accordance with Article 135(2) of Regulation (EU) No 1303/2013.
                           On the first day of the accounting year starting 1 July 2021 and ending 30 June 2022, the co-financing rate shall come back automatically to the level it was on the day when the request for modification of the co-financing rate, referred to in the second subparagraph, was submitted to the Commission.’;

                        (2)

                        in Article 31, a new paragraph 5A is added:

                           ‘5A.   By way of derogation to paragraph 5, for cross-border cooperation programmes under point (a) of Article 27, the managing authority may transfer during the programming period an amount of up to 8% of the allocation as of 1 February 2020 of a priority and no more than 4% of the programme budget to another priority of the same programme. Such transfers shall not affect previous years.
                           They shall be considered to be not substantial and shall not require a decision of the Commission amending the programme. They shall however comply with all regulatory requirements and shall be approved by the Joint monitoring committee in advance. The Member State shall notify the revised financing plan to the Commission.
                           Paragraphs 2 and 3 shall not apply to programme amendments under this paragraph.’.

            Article 2
            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, 26 June 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 77, 15.3.2014, p. 11.

            (2)  Commission Implementing Regulation (EU) No 447/2014 of 2 May 2014 on the specific rules for implementing Regulation (EU) No 231/2014 of the European Parliament and of the Council establishing an Instrument for Pre-accession Assistance (IPA II) (OJ L 132, 3.5.2014, p. 32).

            (3)  Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).

            (4)  Regulation (EU) No 1299/2013 of the European Parliament and of the Council of 17 December 2013 on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal (OJ L 347, 20.12.2013, p. 259).

            (5)  Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative) (OJ L 99, 31.3.2020, p. 5).

            (6)  Regulation (EU) 2020/558 of the European Parliament and of the Council of 23 April 2020 amending Regulation (EU) No 1303/2013 and Regulation (EU) No 1301/2013 as regards specific measures to provide exceptional flexibility for the use of the European Structural and Investments Funds in response to the COVID-19 outbreak (OJ L 130, 24.4.2020, p. 1).


title: Commission Implementing Regulation (EU) 2020/892 of 29 June 2020 concerning the non-renewal of the approval of the active substance beta-cyfluthrin, 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:
                  30.6.2020

                  EN

                  Official Journal of the European Union

                  L 206/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/892
         of 29 June 2020
         concerning the non-renewal of the approval of the active substance beta-cyfluthrin, 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) and Article 78(2) thereof,
         Whereas:

                     (1)

                     Commission Directive 2003/31/EC (2) included beta-cyfluthrin 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 beta-cyfluthrin as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 31 October 2020.

                     (4)

                     An application for the renewal of the approval of the active substance beta-cyfluthrin 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 applicants 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 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 8 March 2017.

                     (7)

                     The Authority communicated the renewal assessment report to the applicants and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the supplementary summary dossier available to the public.

                     (8)

                     On 9 August 2018, the Authority communicated to the Commission its conclusion (6) on whether beta-cyfluthrin can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009.

                     (9)

                     The Authority identified concerns. In particular, the Authority identified an unacceptable risk to workers loading and sowing the beet seeds treated with beta-cyfluthrin. In addition, for cases of potato and wheat field applications of beta-cyfluthrin the Authority identified high risk to residents, to non-target arthropods and to aquatic organisms. Furthermore, for the cases of use on tomatoes in greenhouses (permanent and non-permanent), the Authority identified unacceptable risk to operators and workers and, in case of use on tomatoes in non-permanent greenhouses, to non-target arthropods. In addition, the consumer risk assessment could not be finalised based on the available data.

                     (10)

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

                     (11)

                     However, despite the arguments put forward by the applicants, the concerns regarding the active substance could not be eliminated.

                     (12)

                     Consequently, it has not been established with respect to one or more representative uses of at least one plant protection product that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied. It is therefore appropriate not to renew the approval of the active substance beta-cyfluthrin in accordance with Article 20(1)(b) of that Regulation.

                     (13)

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

                     (14)

                     Member States should be provided with sufficient time to withdraw authorisations for plant protection products containing beta-cyfluthrin.

                     (15)

                     For plant protection products containing beta-cyfluthrin, where Member States grant any grace period in accordance with Article 46 of Regulation (EC) No 1107/2009, that period should not exceed 12 months from the date of entry into force of this Regulation

                     (16)

                     Commission Implementing Regulation (EU) 2019/1589 (7) extended the approval period of beta-cyfluthrin to 31 October 2020 in order to allow the renewal process to be completed before the expiry of that approval period. However, given that a decision on the non-renewal of the approval is taken ahead of the expiry of that extended approval period, this Regulation should apply as soon as possible.

                     (17)

                     This Regulation does not prevent the submission of a further application for the approval of beta-cyfluthrin pursuant to Article 7 of Regulation (EC) No 1107/2009.

                     (18)

                     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
            Non-renewal of the approval of the active substance
            The approval of the active substance beta-cyfluthrin is not renewed.

            Article 2
            Amendment to Implementing Regulation (EU) No 540/2011
            In Part A of the Annex to Implementing Regulation (EU) No 540/2011, row 48, on beta-cyfluthrin, is deleted.

            Article 3
            Transitional measures
            Member States shall withdraw authorisations for plant protection products containing beta-cyfluthrin as an active substance by 20 January 2021 at the latest.

            Article 4
            Grace period
            Any grace period granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall expire by 20 July 2021 at the latest

            Article 5
            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, 29 June 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  Commission Directive 2003/31/EC of 11 April 2003 amending Council Directive 91/414/EEC to include 2,4-DB, beta-cyfluthrin, cyfluthrin, iprodione, linuron, maleic hydrazide and pendimethalin as active substances (OJ L 101, 23.4.2003, p. 3).

            (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 (European Food Safety Authority), 2018. Conclusion on the peer review of the pesticide risk assessment of the active substance beta-cyfluthrin, EFSA Journal 2018;16(9):5405.

            (7)  Commission Implementing Regulation (EU) 2019/1589 of 26 September 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances amidosulfuron, beta-cyfluthrin, bifenox, chlorotoluron, clofentezine, clomazone, cypermethrin, daminozide, deltamethrin, dicamba, difenoconazole, diflubenzuron, diflufenican, fenoxaprop-P, fenpropidin, fludioxonil, flufenacet, fosthiazate, indoxacarb, lenacil, MCPA, MCPB, nicosulfuron, picloram, prosulfocarb, pyriproxyfen, thiophanate-methyl, triflusulfuron and tritosulfuron (OJ L 248, 27.9.2019, p. 24).