title: Commission Implementing Regulation (EU) 2020/1190 of 11 August 2020 correcting Implementing Regulation (EU) 2015/983 on the procedure for issuance of the European Professional Card and the application of the alert mechanism pursuant to Directive 2005/36/EC of the European Parliament and of the Council (Text with EEA relevance)

text:
                  12.8.2020

                  EN

                  Official Journal of the European Union

                  L 262/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1190
         of 11 August 2020
         correcting Implementing Regulation (EU) 2015/983 on the procedure for issuance of the European Professional Card and the application of the alert mechanism pursuant to Directive 2005/36/EC of the European Parliament and of the Council
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (1), and in particular Article 4a(7) thereof,
         Whereas:

                     (1)

                     Under Article 20(1) of Commission Implementing Regulation (EU) 2015/983 (2), for establishment and for the temporary and occasional provision of services pursuant to Article 7(4) of Directive 2005/36/EC the competent authority of the host Member State must first take one of a number of decisions. Among them is a decision to extend the validity of the European Professional Card (EPC).

                     (2)

                     However, Article 7(4) of Directive 2005/36/EC only applies to situations where services are to be provided for the first time. In the context of Article 20(1) of Implementing Regulation (EU) 2015/983, a decision to extend the validity of the EPC is therefore not relevant.

                     (3)

                     Implementing Regulation (EU) 2015/983 should therefore be corrected accordingly.

                     (4)

                     The measure provided for in this Regulation is in accordance with the opinion of the Committee on the recognition of professional qualifications referred to in Article 58(1) of Directive 2005/36/EC,

               HAS ADOPTED THIS REGULATION:

            Article 1
            In Article 20 of Implementing Regulation (EU) 2015/983, paragraph 1 is replaced by the following:

                  ‘1.   For establishment and for the temporary and occasional provision of services pursuant to Article 7(4) of Directive 2005/36/EC, the competent authority of the host Member State shall take either a decision to issue the EPC, a decision to refuse to issue the EPC or a decision to apply compensation measures pursuant to Article 7(4), fourth subparagraph, or Article 14 of Directive 2005/36/EC.’

            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, 11 August 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 255, 30.9.2005, p. 22.

            (2)  Commission Implementing Regulation (EU) 2015/983 of 24 June 2015 on the procedure for issuance of the European Professional Card and the application of the alert mechanism pursuant to Directive 2005/36/EC of the European Parliament and of the Council (OJ L 159, 25.6.2015, p. 27).


title: Commission Implementing Regulation (EU) 2020/1191 of 11 August 2020 establishing measures to prevent the introduction into and the spread within the Union of Tomato brown rugose fruit virus (ToBRFV) and repealing Implementing Decision (EU) 2019/1615

text:
                  12.8.2020

                  EN

                  Official Journal of the European Union

                  L 262/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1191
         of 11 August 2020
         establishing measures to prevent the introduction into and the spread within the Union of Tomato brown rugose fruit virus (ToBRFV) and repealing Implementing Decision (EU) 2019/1615
         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, 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 (1), and in particular Article 30,
         Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (2), and in particular Article 22(3) and Article 52 thereof,
         Whereas:

                     (1)

                     Tomato brown rugose fruit virus (ToBRFV) (‘the specified pest’) is currently not listed as a Union quarantine pest or as a Union regulated non-quarantine pest in Commission Implementing Regulation (EU) 2019/2072 (3).

                     (2)

                     However, since 2018 Member States have reported outbreaks of the specified pest on tomato crops in their territories and the measures taken to control it. Germany, in 2018, and Italy, in 2019, carried out pest risk analyses showing that the specified pest and its damaging effects could be of significant plant health concern to the Union, in particular for the production of Solanum lycopersicum L. and Capsicum spp.

                     (3)

                     Based on this, Commission Implementing Decision (EU) 2019/1615 (4) was adopted in order to establish measures to prevent the introduction into and the spread within the Union of the specified pest.

                     (4)

                     After the adoption of Implementing Decision (EU) 2019/1615, more recent scientific information has been collected on the spread of the specified pest and on testing methods, which justifies the need for more detailed measures than those provided for under Implementing Decision (EU) 2019/1615.

                     (5)

                     In particular, seeds of Solanum lycopersicum L. and Capsicum spp. should be tested regardless of their origin. This is necessary because of the uncertanties surrounding the presence of the pest worldwide and because seeds of different origins are often mixed in the lots when traded, thus increasing the risk of spread of the specified pest.

                     (6)

                     Moreover, the establishment of pest free production sites has to be subject to certain measures, in order to ensure that healthy material is produced.

                     (7)

                        Capsicum spp. varieties which are known to be resistant to the specified pest, are not considered to represent a risk of infection and spread of the specified pest. Therefore, these varieties should be exempt from the requirements for testing if they are officially attested as resistant.

                     (8)

                     Sampling and testing should be carried out under specific conditions on the basis of the most recent information collected at Union and international level. Real time PCR methods are most effective in detecting and identifying the specified pest. The ELISA method is less sensitive and less specific since this method was found to cross-react with other tomato viruses. However, due to the COVID-19 pandemic there is a shortage of kits required for the Real Time PCR detection methods. Until 1 October 2020, the ELISA method should also be considered as an acceptable method of detecting and identifying the specified pest. This sampling and testing should take place in addition to the sampling for physical checks that takes place in accordance with the provisions of Commission Implementing Regulation (EU) 2019/2130 (5), to ensure an increased level of phytosanitary protection of the Union.

                     (9)

                     The conditions for the movement of plants for planting should not apply to plants already produced in accordance with Implementing Decision (EU) 2019/1615 because it would not be proportionate to require additional testing for those seeds and because in most of the cases those conditions could not be practically implemented.

                     (10)

                     Annex III to Implementing Regulation (EU) 2019/2130 sets out rules on the operations to be carried out during physical checks on plants for planting including sampling. In addition to those rules, and in order to adapt the frequency of sampling and testing in relation to the phytosanitary risk of the specified pest, Member States should define the frequency of sampling and testing, at import, of the consignments of the specified seeds and specified plants for planting. The rate of that frequency should not be lower than 20 % of the imported specified seeds and specified plants for planting, to ensure that an adequately representative sample is checked.

                     (11)

                     Implementing Decision (EU) 2019/1615 should be repealed and replaced by this Regulation to take account of Regulation (EU) 2016/2031 of the European Parliament and of the Council and of Commission Implementing Regulation (EU) 2019/2072, which are applicable since 14 December 2019.

                     (12)

                     This Regulation should apply until 31 May 2022 in order to allow the necessary time for monitoring the situation and determining the phytosanitary status of the specified pest in respect of the Union territory and the world distribution.

                     (13)

                     In order to swiftly address the phytosanitary risk of the specified pest, the rules of this Regulation should become applicable within the shortest possible delay. Therefore, this Regulation should enter into force the third day following that of its publication.

                     (14)

                     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
            Definitions
            For the purpose of this Regulation, the following definitions shall apply:

                        (a)

                        ‘specified pest’ means Tomato brown rugose fruit virus (ToBRFV);

                        (b)

                        ‘specified plants for planting’ means plants for planting of Solanum lycopersicum L. and Capsicum spp. other than seeds;

                        (c)

                        ‘specified seeds’ means seeds of Solanum lycopersicum L. and Capsicum spp;

                        (d)

                        ‘specified fruits’ means fruits of Solanum lycopersicum L. and Capsicum spp.

            Article 2
            Prohibitions concerning the specified pest
            The specified pest shall not be introduced into, moved within, or held, multiplied or released within the Union territory.

            Article 3
            Detection or suspected presence of the specified pest

               1.   Any person within the Union territory who suspects or becomes aware of the presence of the specified pest shall immediately inform the competent authority and provide it with all relevant information concerning the presence, or suspected presence, of the specified pest.

               2.   On receiving such information, the competent authority shall:

                           (a)

                           immediately record the information provided;

                           (b)

                           take all necessary measures to confirm the presence or suspected presence of the specified pest;

                           (c)

                           ensure that any person having plants which may be infected with the specified pest under their control is immediately informed of:

                                       (i)

                                       the presence or the suspected presence of the specified pest, and

                                       (ii)

                                       of the possible risks associated with the specified pest and of the measures to be taken.

            Article 4
            Measures concerning the confirmed presence of the specified pest
            Where the presence or the suspected presence of the specified pest is confirmed in the territory of a Member State, the competent authority of the Member State concerned shall ensure that appropriate measures are taken to eradicate the specified pest in accordance with Article 17 of Regulation (EU) 2016/2031.

            Article 5
            Surveys on the presence of the specified pest in the Member States

               1.   Member States shall conduct annual surveys for the presence of the specified pest on specified plants for planting, specified seeds and specified fruits in their territory, including in places of production of specified seeds and specified plants for planting.

               2.   Those surveys shall:

                           (a)

                           include sampling and testing as laid down in the Annex; and

                           (b)

                           be based on:

                                       (i)

                                       the assessed risk of introduction and spread of the specified pest into and within the Member State concerned, and

                                       (ii)

                                       sound scientific and technical principles, with regard to the possibility to detect the specified pest.

               3.   Member States shall notify the Commission and the other Member States by 30 April of each year of the results of the surveys that were carried out during the preceding calendar year.

            Article 6
            Movement of the specified plants for planting within the Union

               1.   The specified plants for planting may only be moved within the Union if they are accompanied by a plant passport and if both of the following conditions are fulfilled:

                           (a)

                           the specified plants have been grown in a production site where the specified pest is known not to occur, on the basis of official inspections carried out at the appropriate time to detect the specified pest, and, where specified plants are displaying symptoms of the specified pest, these plants have been subjected to sampling and testing by the competent authority, and these tests have shown them to be free of the specified pest;

                           (b)

                           the lots of the specified plants for planting have been kept separate from other lots of specified plants by applying appropriate hygiene measures and physical separation.

                     Sampling for testing, as referred to in this paragraph, shall be carried out as set out in the Annex.

               2.   Paragraph 1 shall not apply to:

                           (a)

                           specified plants of Capsicum spp. varieties which are known to be resistant to the specified pest;

                           (b)

                           specified plants for planting produced in accordance with Implementing Decision (EU) 2019/1615.

            Article 7
            Movement of the specified seeds within the Union

               1.   Specified seeds may only be moved within the Union if they are accompanied by a plant passport and if they fulfil all of the following conditions:

                           (a)

                           their mother plants have been produced in a production site where the specified pest is known not to occur, on the basis of official inspections carried out at the appropriate time to detect the specified pest;

                           (b)

                           they or their mother plants have undergone sampling and testing for the specified pest by the competent authority, or have been subjected to sampling and testing by professional operators under official supervision of the competent authority, and have been found, according to those tests, to be free from the specified pest;
                           In case of suspicion of the presence of the specified pest, that sampling and testing shall only be carried out by the competent authorities in accordance with point (c) of Article 87(3) of Regulation (EU) 2016/2031.

                           (c)

                           the origin of all lots of specified seeds are recorded and documented.

               2.   Specified seeds which were still in storage prior to 15 August 2020 shall be sampled and tested for the specified pest by the competent authority or by professional operators under official supervision of the competent authority, before being moved within the Union and found free from those pests.

               3.   Seed sampling and testing shall be carried out as set out in the Annex.

               4.   Paragraphs 1 and 2 shall not apply to specified seeds of Capsicum spp. varieties which are known to be resistant to the specified pest.

            Article 8
            Ιntroduction into the Union of the specified plants for planting

               1.   Specified plants for planting, other than the ones of Capsicum spp. varieties which are known to be resistant to the specified pest, originating from third countries may only be introduced into the Union if they are accompanied by a phytosanitary certificate which, under the heading ‘Additional declaration’, includes the following elements:

                           (a)

                           an official statement that the specified plants for planting derive from specified seeds which have undergone sampling and testing for the specified pest as set out in the Annex, and these tests have shown them to be free from the specified pest;

                           (b)

                           an official statement that the specified plants for planting have been produced in a production site which is registered and supervised by the national plant protection organisation in the country of origin and known to be free from the specified pest on the basis of official inspections carried out at the appropriate time to detect that pest, and, in case of symptoms, have undergone official sampling and testing for the specified pest and have been found, according to those tests, to be free from the specified pest;

                           (c)

                           the name of the registered production site.

               2.   Specified plants of Capsicum spp. varieties which are known to be resistant to the specified pest, originating from third countries, may only be introduced into the Union if they are accompanied by a phytosanitary certificate, which, under the heading ‘Additional Declaration’, confirms that resistance.

            Article 9
            Introduction of the specified seeds into the Union

               1.   Specified seeds originating from third countries, other than the ones of Capsicum spp. varieties which are known to be resistant to the specified pest, may only be introduced into the Union if they are accompanied by a phytosanitary certificate, which, under the heading ‘Additional Declaration’, contains the following:

                           (a)

                           an official statement that all of the following conditions have been fulfilled:

                                       (i)

                                       the mother plants of the specified seeds concerned have been produced in a production site where the specified pest is known not to occur, on the basis of official inspections carried out at the appropriate time to detect the specified pest;

                                       (ii)

                                       the specified seeds concerned or their mother plants have undergone official sampling and testing for the specified pest and have been found, according to those tests, to be free from the specified pest;

                           (b)

                           the name of the registered production site.

               2.   Specified seeds of Capsicum spp. varieties which are known to be resistant to the specified pest, originating from third countries may only be introduced into the Union if they are accompanied by a phytosanitary certificate, which, under the heading ‘Additional Declaration’ confirms that resistance.

            Article 10
            Official checks on introduction into the Union
            No less than 20 % of the consignments of specified seeds and specified plants for planting shall be sampled and tested by the competent authority at the border control post of first arrival into the Union, as set out in the Annex.

            Article 11
            Repeal of Implementing Decision (EU) 2019/1615
            Implementing Decision (EU) 2019/1615 is repealed from 15 August 2020.

            Article 12
            Application period
            This Regulation shall apply until 31 May 2022.

            Article 13
            Entry into force
            This Regulation shall enter into force on the third 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, 11 August 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 317, 23.11.2016, p. 4.

            (2)  OJ L 95, 7.4.2017, p. 1.

            (3)  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).

            (4)  Commission Implementing Decision (EU) 2019/1615 of 26 September 2019 establishing emergency measures to prevent the introduction into and the spread within the Union of Tomato brown rugose fruit virus (ToBRFV) (OJ L 250, 30.9.2019, p. 91).

            (5)  Commission Implementing Regulation (EU) 2019/2130 of 25 November 2019 establishing detailed rules on the operations to be carried out during and after documentary checks, identity checks and physical checks on animals and goods subject to official controls at border control posts (OJ L 321, 12.12.2019, p. 128).

            ANNEX
            1.   Sampling schemes of seeds, other than seeds of Capsicum spp. varieties which are known to be resistant to the specified pest

            Sampling of seeds for testing shall be carried out under the following sampling schemes depending on the seed lots as referred to in the relevant table of the International Standards for Phytosanitary Measures No 31 Methodologies for sampling of consignments (ISPM31):

                        —

                        for seed lots less than or equal to 3 000 seeds: application of a hypergeometric sampling scheme able to identify with 95 % reliability a level of presence of infected plants of 10 % or above;

                        —

                        for seed lots of more than 3 000 but less than 30 000 seeds: application of a sampling scheme able to identify with 95 % reliability a level of presence of infected plants of 1 % or above;

                        —

                        for seed lots of more than 30 000 seeds: application of a sampling scheme able to identify with 95 % reliability a level of presence of infected plants of 0,1 % or above.

                  Sub samples shall consist of 1 000 seeds maximum for Polymerase Chain Reaction (PCR) methods.
            Sub samples shall consist of 250 seeds maximum for the Enzyme Linked Immuno Sorbent Assay (ELISA) method.
            2.   Sampling schemes of plants for planting, other than those of Capsicum spp. varieties which are known to be resistant to the specified pest

            In the case of plants for planting, other than those of Capsicum spp. varieties which are known to be resistant to the specified pest, 200 leaves shall be collected per site of production and cultivar, preferably young leaves on the top of the plants.
            In case of symptomatic plants, sampling for testing shall be performed on at least 3 symptomatic leaves.
            3.   Testing methods for detecting and identifying the specified pest on seeds, other than seeds of Capsicum spp. varieties which are known to be resistant to the specified pest

            One of the following testing methods shall be used for the detection of the specified pest on the specified seeds:

                        —

                        ELISA, until 1 October 2020, only for confirmation of pest freedom for the issuance of plant passports or phytosanitary certificates;

                        —

                        real-time RT-PCR using the primers and probes described in the ISF protocol (2020) (1)

                        —

                        real-time RT-PCR using primers and probe of Menzel and Winter (Acta Horticulturae, in press).

                  In case of a positive result of the detection test, a second testing method, different from the one used for detection, shall be carried out with one of the real-time RT-PCR methods listed above, using the same sample to confirm the identification. In the case of inconsistency between detection and identification results obtained for coated seeds, the coating of the seeds shall be removed and the seeds shall be retested.
            4.   Testing methods for detecting and identifying the specified pest on plants for planting, other than plants for planting of Capsicum spp. varieties which are known to be resistant to the specified pest, and on the specified fruits

            One of the following testing methods shall be carried out for the detection of the specified pest on the specified plants for planting, other than specified plants for planting of Capsicum spp. varieties which are known to be resistant to the specified pest, and on the specified fruits:

                        —

                        ELISA, only for symptomatic material;

                        —

                        conventional RT-PCR using the primers of Alkowni et al. (2019);

                        —

                        conventional RT-PCR using the primers of Rodriguez-Mendoza et al. (2019);

                        —

                        real-time RT-PCR using the primers and probes described in the ISF protocol (2020) (2);

                        —

                        real-time RT-PCR using primers and probe of Menzel and Winter (Acta Horticulturae, in press).

                  In case of a positive result of the detection test, a second testing method, different from the one used for detection, shall be carried out with one of the RT-PCR methods listed above, using the same sample to confirm the identification.

               (1)  Protocol developed by the International Seed Federation (International Seed Health Initiative for Vegetable Crops (ISHI-Veg).

               (2)  Protocol developed by the International Seed Federation (International Seed Health Initiative for Vegetable Crops (ISHI-Veg).


title: Commission Implementing Regulation (EU) 2020/1192 of 11 August 2020 fixing the import duties in the cereals sector applicable from 12 August 2020

text:
                  12.8.2020

                  EN

                  Official Journal of the European Union

                  L 262/14

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1192
         of 11 August 2020
         fixing the import duties in the cereals sector applicable from 12 August 2020
         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 Article 183 thereof,
         Whereas:

                     (1)

                     Article 1(1) of Commission Regulation (EU) No 642/2010 (2) states that the import duty on products falling within CN codes 1001 11 00, 1001 19 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high-quality common wheat other than seed), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55%, minus the CIF import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

                     (2)

                     Article 1(2) of Regulation (EU) No 642/2010 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative CIF import prices are to be established on a regular basis for the products referred to in that paragraph.

                     (3)

                     Under Article 2(1) of Regulation (EU) No 642/2010, the import price to be used for the calculation of the import duty on products referred to in Article 1(1) of that Regulation is the daily CIF representative import price determined as specified in Article 5 of that Regulation.

                     (4)

                     From 21 September 2017, the import duty on products originating in Canada and falling within CN codes 1001 11 00, 1001 19 00, ex 1001 99 00 (high-quality common wheat other than seed), 1002 10 00 and 1002 90 00 is to be calculated in accordance with Article 2(5) of Regulation (EU) No 642/2010.

                     (5)

                     Import duties should be fixed for the period from 12 August 2020 and should apply until a new import duty is fixed and enters into force.

                     (6)

                     Under Article 2(2) of Regulation (EU) No 642/2010, this Regulation should enter into force on the day of its publication,

               HAS ADOPTED THIS REGULATION:

            Article 1
            From 12 August 2020, the import duties in the cereals sector referred to in Article 1(1) of Regulation (EU) No 642/2010 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 11 August 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. 671.

            (2)  Commission Regulation (EU) No 642/2010 of 20 July 2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007 (OJ L 187, 21.7.2010, p. 5).

            ANNEX I

               Import duties for the products covered by Article 1(1) of Regulation (EU) No 642/2010 applicable from 12 August 2020

                        CN code

                        Description

                        Import duty (1)
                            (2)

                        (EUR/tonne)

                        1001 11 00

                        Durum wheat, seed

                        0,00

                        1001 19 00

                        High-quality durum wheat, other than seed

                        0,00

                        Medium-quality, other than seed

                        0,00

                        Low-quality, other than seed

                        0,00

                        ex 1001 91 20

                        Common wheat, seed

                        0,00

                        ex 1001 99 00

                        High-quality common wheat, other than seed

                        0,00

                        1002 10 00

                        Rye, seed

                        5,48

                        1002 90 00

                        Rye, other than seed

                        5,48

                        1005 10 90

                        Maize seed, other than hybrid

                        5,48

                        1005 90 00

                        Maize, other than seed (3)

                        5,48

                        1007 10 90

                        Grain sorghum, other than hybrids for sowing

                        5,48

                        1007 90 00

                        Grain sorghum, other than seed

                        5,48

               (1)  The importer may, pursuant to Article 2(4) of Regulation (EU) No 642/2010, benefit from a reduction in the duties of:

                        —

                        EUR 3/tonne, if the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea and the goods arrive in the Union via the Atlantic Ocean or via the Suez Canal,

                        —

                        EUR 2/tonne, if the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula and the goods arrive in the Union via the Atlantic Ocean.

               (2)  For products originating in Canada falling within CN codes 1001 11 00, 1001 19 00, ex 1001 99 00 (high-quality common wheat other than seed), 1002 10 00 and 1002 90 00, the duty shall be calculated in accordance with Article 2(5) of Regulation (EU) No 642/2010.

               (3)  The importer may benefit from a flat-rate reduction of EUR 24 per tonne where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.

            ANNEX II

               Factors for calculating the duties laid down in Annex I

               1.
               Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                           (EUR/tonne)

                           Common wheat (1)

                           Maize

                           Exchange

                           Minneapolis

                           Chicago

                           Quotation

                           171,059

                           104,725

                           Gulf of Mexico premium

                           -

                           29,446

                           Great Lakes premium

                           29,960

                           -

               2.
               Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

                           Freight costs: Gulf of Mexico-Rotterdam:

                           17,379

                           Freight costs: Great Lakes-Rotterdam:

                           40,450

               (1)  Premium of 14 EUR/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).


title: Council Implementing Regulation (EU) 2020/1194 of 12 August 2020 implementing Article 17(1) of Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic

text:
                  13.8.2020

                  EN

                  Official Journal of the European Union

                  LI 266/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2020/1194
         of 12 August 2020
         implementing Article 17(1) of Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) No 224/2014 of 10 March 2014 concerning restrictive measures in view of the situation in the Central African Republic (1), and in particular Article 17(1) thereof,
         Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

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

                     (2)

                     On 5 August 2020, the United Nations Security Council (UNSC) Committee established pursuant to UNSC Resolution 2127 (2013) added one person to the list of persons and entities subject to restrictive measures.

                     (3)

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

               HAS ADOPTED THIS REGULATION:

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

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 12 August 2020.

                  For the Council

                  The President

               M. ROTH

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

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

                        A.

                        Persons
                        ‘14. Bi Sidi SOULEMAN (alias: a) Sidiki b) “General” Sidiki c) Sidiki Abbas d) Souleymane Bi Sidi e) Bi Sidi Soulemane)

                           Designation: President and self-proclaimed “general” of the Retour, Réclamation et Réhabilitation (3R)

                           Date of birth:20 July 1962

                           Place of birth: Bocaranga, Central African Republic

                           Nationality: Central African Republic

                           Passport no: Laissez-passer no. N°235/MISPAT/DIRCAB/DGPC/DGAEI/SI/SP, issued on 15 March 2019 (issued by the Minister of Interior of the Central African Republic )

                           Address: Koui, Ouham-Pendé prefecture, Central African Republic

                           Date of UN designation:5 August 2020

                           Other information: Bi Sidi Souleman leads the Central African Republic (CAR)-based militia group Retour, Réclamation, Réhabilitation (3R) which has killed, tortured, raped, and displaced civilians and engaged in arms trafficking, illegal taxation activities, and warfare with other militias since its creation in 2015. Bi Sidi Souleman himself has also participated in torture. On 6 February 2019, 3R signed the Political Agreement for Peace and Reconciliation in the CAR but has engaged in acts violating the Agreement and remains a threat to the peace, stability and security of the CAR. For instance, on 21 May 2019, 3R killed 34 unarmed civilians in three villages, summarily executing adult males. Bi Sidi Souleman openly confirmed to a UN Entity that he had ordered 3R elements to the villages on the date of the attacks, but did not admit to giving the orders for 3R to kill.

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

                        Bi Sidi Souleman was listed on 5 August 2020 pursuant to paragraph 20 and paragraph 21 (b) of resolution 2399 (2018), extended by paragraph 5 of resolution 2507 (2020), for engaging in or providing support for acts that undermine the peace, stability or security of the Central African Republic, including acts that threaten or impede the stabilization and reconciliation process or that fuel violence; and being involved in planning, directing, or committing acts in the Central African Republic that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, including those involving targeting of civilians, ethnic- or religious-based attacks, attacks on civilian objects, including administrative centres, courthouses, schools and hospitals, and abduction and forced displacement.

                              Additional information:

                        President and self-proclaimed “general” of the Retour, Réclamation et Réhabilitation (3R) armed group, Bi Sidi Souleman has engaged in acts threatening the peace, stability and security of the CAR and, in particular, threatening the implementation of the Political Agreement for Peace and Reconciliation in CAR signed on 6 February 2019 in Bangui.
                        He and fighters under his command have committed acts that constitute serious violations of international human rights law or international humanitarian law. On 21 May 2019, 3R killed 34 unarmed civilians in three villages (Koundjili, Lemouna and Bohong), summarily executing adult males.
                        Under his leadership, 3R elements committed acts involving sexual and gender-based violence. In September 2017, during an attack against Bocaranga, 3R elements raped several women and girls. Between March and April 2020, 3R elements were involved in seven cases of sexual violence in three villages in the Ouham-Pendé prefecture.
                        Under his leadership, 3R continued to impede the restoration of state authority in its areas of operation by maintaining illegal taxation systems, especially on transhumance activities and on travelers, and has been involved in the illegal exploitation of gold in the Mambéré-Kadéï and Nana-Mambéré prefectures.
                        In 2019, under his leadership, 3R committed its first violations of the Peace Agreement. Bi Sidi Souleman initially refused to start the disarmament and the demobilization of the 3R fighters supposed to participate in the first special mixed security unit in the west of the CAR and 3R also continued to expand its control over territories forcing MINUSCA into launching an operation in the Ouham-Pendé, Nana-Mambéré, and Mambéré-Kadéï prefectures in September 2019, as well as in arms trafficking in order to build up its military capabilities and in the recruitment of fighters from abroad.
                        In 2020, under his leadership, 3R continued and to commit violations of the Peace agreement and to expand its control over territories in the West. In May 2020, 3R elements occupied the gendarmerie of Besson in the Nana-Mambéré prefecture and former 3R elements deserted the Bouar USMS. On 5 June 2020, Bi Sidi Souleman announced the suspension of the participation of 3R in the Agreement’s follow-up mechanisms until further notice. On 9 June 2020, presumed 3R elements attacked the training camp of the Bouar USMS as well as a joint MINUSCA and national forces checkpoint in Pougol. On 21 June 2020, 3R elements attacked a joint MINUSCA and national forces patrol near Besson resulting in the death of three Central African soldiers.’


title: Commission Implementing Regulation (EU) 2020/1198 of 7 August 2020 approving a non-minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Piave’ (PDO))

text:
                  14.8.2020

                  EN

                  Official Journal of the European Union

                  L 267/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1198
         of 7 August 2020
         approving a non-minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Piave’ (PDO))
         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)

                     In accordance with the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Piave’, registered under Commission Regulation (EU) No 443/2010 (2).

                     (2)

                     Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation.

                     (3)

                     As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Piave’ (PDO) are hereby approved.

            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, 7 August 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)  Commission Regulation (EU) No 443/2010 of 21 May 2010 entering a name in the register of protected designations of origin and protected geographical indications (Piave (PDO)) (OJ L 126, 22.5.2010, p. 10).

            (3)  OJ C 115, 7.4.2020, p. 21.


title: Commission Implementing Regulation (EU) 2020/1199 of 13 August 2020 amending Annex VI to Implementing Regulation (EU) 2019/2072 to temporarily prohibit the introduction into the Union of certain fruits originating in Argentina to prevent the introduction into and the spread within the Union of Phyllosticta citricarpa (McAlpine) Van der Aa

text:
                  14.8.2020

                  EN

                  Official Journal of the European Union

                  L 267/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1199
         of 13 August 2020
         amending Annex VI to Implementing Regulation (EU) 2019/2072 to temporarily prohibit the introduction into the Union of certain fruits originating in Argentina to prevent the introduction into and the spread within the Union of Phyllosticta citricarpa (McAlpine) Van der Aa
         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 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 (1), and in particular Article 40(3) thereof,
         Whereas:

                     (1)

                     Article 7 of Commission Implementing Regulation (EU) 2019/2072 (2), in conjunction with Annex VI to that Regulation, establishes 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 provided for in Article 40(2) of Regulation (EU) 2016/2031.

                     (2)

                     Commission Implementing Decision (EU) 2016/715 (3) lays down measures in respect of fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruits of Citrus aurantium L. and Citrus latifolia Tanaka, originating in Argentina, Brazil, South Africa or Uruguay, to prevent the introduction into and the spread within the Union of Phyllosticta citricarpa (McAlpine) Van der Aa (‘the specified pest’).

                     (3)

                     In May, June, July and first week of August 2020, Member States recurrently notified the Commission of the interceptions of the specified pest on fruits of Citrus limon (L.) N. Burm.f. and Citrus sinensis (L.) Osbeck originating in Argentina (‘the specified fruits’), as a result of their import inspections.

                     (4)

                     Those recurring interceptions demonstrate that the phytosanitary safeguards currently in place in Argentina are insufficient to prevent the introduction of the specified pest into the Union. Thus, there is an unacceptable phytosanitary risk due to the presence of the specified pest on the specified fruits, and that risk cannot be reduced to an acceptable level by any of the measures set out in points 2 and 3 of Section 1 of Annex II to Regulation (EU) 2016/2031.

                     (5)

                     As a result, the introduction into the Union of the specified fruits should be temporarily prohibited, regardless whether they are destined exclusively for industrial processing into juice or not.

                     (6)

                     That temporary prohibition should apply until 30 April 2021 to address the ongoing risk of the introduction into and the spread within the Union of the specified pest, to allow Argentina to upgrade its certification system and to be audited by the Commission. That date should be reviewed as necessary, based on the audit findings.

                     (7)

                     Annex VI to Implementing Regulation (EU) 2019/2072 should be therefore amended accordingly, while Implementing Decision (EU) 2016/715 should continue applying to all other fruits and third countries concerned.

                     (8)

                     Due to the urgent need to address the phytosanitary risk caused by the specified pest and specified fruits, this Regulation should enter into force on the second day following that of its publication.

                     (9)

                     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 Annex VI to Implementing Regulation (EU) 2019/2072
            In Annex VI to Implementing Regulation (EU) 2019/2072, the following row is added:

                           ‘21.

                              Citrus limon (L.) N. Burm.f. and Citrus sinensis (L.) Osbeck (until 30 April 2021)

                           ex 0805 50 10
                           0805 10 22
                           0805 10 24
                           0805 10 28
                           ex 0805 10 80

                           Argentina’

            Article 2
            Entry into force
            This Regulation shall enter into force on the second 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, 13 August 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  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).

            (3)  Commission Implementing Decision (EU) 2016/715 of 11 May 2016 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa (OJ L 125, 13.5.2016, p. 16).