title: Commission Implementing Regulation (EU) 2020/910 of 30 June 2020 amending Implementing Regulations (EU) 2015/1998, (EU) 2019/103 and (EU) 2019/1583 as regards the re-designation of airlines, operators and entities providing security controls for cargo and mail arriving from third countries, as well as the postponement of certain regulatory requirements in the area of cybersecurity, background check, explosive detection systems equipment standards, and explosive trace detection equipment, because of the COVID-19 pandemic (Text with EEA relevance)

text:
                  1.7.2020

                  EN

                  Official Journal of the European Union

                  L 208/43

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/910
         of 30 June 2020
         amending Implementing Regulations (EU) 2015/1998, (EU) 2019/103 and (EU) 2019/1583 as regards the re-designation of airlines, operators and entities providing security controls for cargo and mail arriving from third countries, as well as the postponement of certain regulatory requirements in the area of cybersecurity, background check, explosive detection systems equipment standards, and explosive trace detection equipment, because of the COVID-19 pandemic
         (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 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (1), and in particular Article 4(3) thereof,
         Whereas:

                     (1)

                     The devastating impact on international and European civil aviation of the current COVID-19 pandemic is severely limiting the capability of Member States and of the European Union as a whole to maintain an effective and efficient in-bound supply chain. Continued and uninterrupted cargo services are of essential strategic importance for the Union and play a fundamental role in the delivery of essential goods, including medicines, medical equipment, other substances and commodities.

                     (2)

                     The Union in-bound regime in the field of air cargo and mail security, as set out in point 6.8 of the Annex to Commission Implementing Regulation (EU) 2015/1998 (2), requires air carriers carrying cargo and mail into the European Union to be designated every five years as an ‘Air Cargo or Mail carrier operating into the Union from a Third Country’ (ACC3) and their ground service providers to be designated every three years as a ‘third country EU aviation security validated regulated agent’ (RA3) or ‘third country EU aviation security validated known consignor’ (KC3).

                     (3)

                     The EU aviation security validation for the designation of ACC3, RA3 and KC3 requires, as part of the process, an on-site visit by an EU aviation security validator performed at the premises of the operator in order to confirm the effective implementation of the measures.

                     (4)

                     During the current COVID-19 pandemic, the performance of on-site visits for the designation and re-designations of air carriers and cargo operators in third countries is severely impacted and/or impeded because of objective reasons, which are beyond the responsibility or the control of those carriers or operators.

                     (5)

                     A large number of designations as ACC3, RA3 and KC3 are due to expire in the upcoming months or have already expired, with no possibility to perform the necessary on-site validation visit. In the absence of the relevant Union status, such operators may no longer operate within the Union-bound secure supply chain, rendering impossible the continuation of essential operations in these critical times.

                     (6)

                     It is necessary to adopt urgent measures establishing the appropriate legal basis to implement an alternative and expedite process for the EU aviation security validations of the Union-bound supply chain operators affected by the current situation.

                     (7)

                     Implementing Regulations (EU) 2019/103 (3) and 2019/1583 (4), both amending Implementing Regulation (EU) 2015/1998, introduced regulatory requirements applicable as from 31 December 2020 in the areas of background check for civil aviation personnel and cybersecurity, respectively. The capability of authorities and operators to prepare the timely implementation of those requirements is being severely impacted by the effects of the restrictions imposed as a result of the COVID-19 pandemic, to the extent that the date of application needs to be postponed.

                     (8)

                     Point 12.4.2.2 of the Annex to Implementing Regulation (EU) 2015/1998 set out on 1 September 2020 the expiry date for standard 2 explosive detection systems (EDS) equipment. The capability of a number of airports in the Union to complete the process of installation and activation of standard 3 EDS equipment is being severely impacted by the restrictions imposed as a result of the effects of the COVID-19 pandemic, to the extent that the expiry date needs to be postponed. As standard 3 EDS equipment offers higher performance and detection capability that can contribute to increased security, the Commission and the Member States remain committed to complete the implementation of this technology without further delays.

                     (9)

                     Point 12.6.3 of the Annex to Implementing Regulation (EU) 2015/1998 set out on 1 July 2020 the date until which the appropriate authority may permit explosive trace detection (ETD) equipment that does not comply with attachment 12-L to continue to be used. The capability of a number of airports in the Union to complete the process of deployment of the new ETD equipment is being severely impacted by the restrictions imposed as a result of the effects of the COVID-19 pandemic, to the extent that the above date needs to be postponed to avoid legal consequences without posing an undue risk to aviation security.

                     (10)

                     Implementing Regulations (EU) 2015/1998, (EU) 2019/103 and (EU) 2019/1583 should therefore be amended accordingly.

                     (11)

                     As the Union status of some ACC3, RA3 and KC3 operators already expired either during the first phase of the current COVID-19 pandemic, or in the period immediately preceding it when the relevant EU aviation security validation process had to be launched and performed, this Regulation should produce its effects retroactively, allowing such operators whose status has already expired to benefit from the measures provided for herein.

                     (12)

                     The measures provided for in this Regulation do not affect the legitimate interests and rights, or limit the expectation of other air carriers, operators, entities or States.

                     (13)

                     In order to provide Member States with the legal basis to immediately launch the alternative and expedite process of validation and designation of the Union-bound supply chain operators, necessary to resume cargo operations into the Union, this Regulation should enter into force the day following that of its publication in the Official Journal of the European Union.

                     (14)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 19 of Regulation (EC) No 300/2008,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The Annex to Implementing Regulation (EU) 2015/1998 is amended in accordance with the Annex to this Regulation.

            Article 2
            In the second sentence of Article 2 of Implementing Regulation (EU) 2019/103, the date ‘31 December 2020’ is replaced by ‘31 December 2021’.

            Article 3
            In point (26) of the Annex to Implementing Regulation (EU) 2019/103, the dates ‘31 December 2020’ and ‘30 June 2023’ in point 11.1.12 are replaced by ‘31 December 2021’ and ‘30 June 2024’.

            Article 4
            In Article 2 of Implementing Regulation (EU) 2019/1583, the date ‘31 December 2020’ is replaced by ‘31 December 2021’.

            Article 5
            This Regulation shall enter into force 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, 30 June 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 97, 9.4.2008, p. 72.

            (2)  Commission Implementing Regulation (EU) 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security (OJ L 299, 14.11.2015, p. 1).

            (3)  Commission Implementing Regulation (EU) 2019/103 of 23 January 2019 amending Implementing Regulation (EU) 2015/1998 as regards clarification, harmonisation and simplification as well as strengthening of certain specific aviation security measures (OJ L 21, 24.1.2019, p. 13).

            (4)  Commission Implementing Regulation (EU) 2019/1583 of 25 September 2019 amending Implementing Regulation (EU) 2015/1998 laying down detailed measures for the implementation of the common basic standards on aviation security, as regards cybersecurity measures (OJ L 246, 26.9.2019, p. 15).

            ANNEX
            The Annex to Implementing Regulation (EU) 2015/1998 is amended as follows:

                        (1)

                        the following points from 6.8.1.7 to 6.8.1.9 are added:

                                    ‘6.8.1.7.

                                    During the period from 1 April to 31 December 2020, the appropriate authority may derogate from the process established in point 6.8.2 and temporarily designate an air carrier as ACC3, in the case where an EU aviation security validation could not take place for objective reasons which are related to the pandemic crisis caused by the COVID-19 and are beyond the responsibility of the air carrier. The designation shall be subject to the following conditions:

                                                (a)

                                                the air carrier holds an active ACC3 status at the relevant third country location, or has held an ACC3 status, provided it has not expired before 1 February 2020;

                                                (b)

                                                the air carrier applies for the new status to the appropriate authority as identified in point 6.8.1.1 or holding the responsibility for the designation due to expire, confirming the existence of objective reasons beyond the responsibility of the air carrier that impede or delay the fulfilment of the requirements of point 6.8.2;

                                                (c)

                                                the air carrier submits its security programme that is relevant and complete in respect of all points set out in Attachment 6-G, or confirms that the current programme is still up to date;

                                                (d)

                                                the air carrier submits a signed declaration where it confirms the commitment to continue the full and effective implementation of security requirements for which it had obtained the current or expired ACC3 status;

                                                (e)

                                                the designation of an air carrier as ACC3 under this point is granted for a period not exceeding six months from the date of the current or previous expiry, as appropriate;

                                                (f)

                                                the application, the air carrier security programme and the declaration of commitment are submitted either in writing or in electronic format.

                                    6.8.1.8.

                                    Where applicable, the appropriate authority may agree with the relevant air carrier the postponement of the annual EU aviation security validations referred to in point 6.8.2.2 (2) (d), by adding them to the number of airports to be validated during the next year of the air carrier’s roadmap.

                                    6.8.1.9.

                                    Within the temporary designation period referred to in point 6.8.1.7, the appropriate authority shall perform at the Member State’s airport or airports of arrival from the ACC3 location, at least three compliance monitoring activities in respect of the security controls applied by the ACC3 and the RA3 and KC3 parts of its supply chain. In the absence of direct flights operated by the ACC3 into the designating Member State, the performance of compliance monitoring activities shall be coordinated with another Member State where the ACC3 operates into.’;

                        (2)

                        the following points 6.8.4.11 and 6.8.4.12 are added:

                                    ‘6.8.4.11.

                                    During the period from 1 April to 31 December 2020, the appropriate authority may derogate from the process established in point 6.8.5 and temporarily designate a third country entity as RA3 or KC3, in the case where an EU aviation security validation could not take place for objective reasons which are related to the pandemic crisis caused by the COVID-19 and are beyond the responsibility of the entity. The designation shall be subject to the following conditions:

                                                (a)

                                                the entity holds an active RA3 or KC3 status, or has held a RA3 or KC3 status, provided it has not expired before 1 February 2020;

                                                (b)

                                                the entity applies for the new status to the appropriate authority currently holding the responsibility for its designation that is due to expire or has expired, confirming the existence of objective reasons beyond the responsibility of the entity that impede or delay the fulfilment of the requirements of point 6.8.5;

                                                (c)

                                                the entity submits its security programme that is relevant and complete in respect of the operations performed, or confirms that the current programme is still up to date;

                                                (d)

                                                the entity submits a signed declaration where it confirms the commitment to continue the full and effective implementation of security requirements for which it had obtained the current or expired RA3 or KC3 status;

                                                (e)

                                                the designation of an entity as RA3 or KC3 under this point is granted for a period not exceeding six months from the date of the current or previous expiry, as applicable;

                                                (f)

                                                the application, the entity’s security programme and the declaration of commitment are submitted either in writing or in electronic format.

                                    6.8.4.12.

                                    Entities referred to in point 6.8.4.8 whose RA3 or KC3 status expired in the period from 1 February 2020 to 31 March 2020, that because of the objective reasons referred to in point 6.8.4.11 could not undergo the process of EU aviation security validation established in point 6.8.5 and subsequent designation by an appropriate authority as set out in point 6.8.4, may apply for a temporary designation granted by the Commission, subject to the following conditions:

                                                (a)

                                                the entity applies for the RA3 or KC3 status to the Commission, confirming the existence of objective reasons beyond its responsibility that impede or delay the fulfilment of the requirements of point 6.8.5;

                                                (b)

                                                the entity submits a signed declaration where it confirms both the commitment to continue the full and effective implementation of security requirements for which it had obtained the expired RA3 or KC3 status, and that its security programme is still up to date;

                                                (c)

                                                the application and the declaration of commitment are submitted either in writing or in electronic format;

                                                (d)

                                                the designation of an entity as RA3 or KC3 under this point is granted for a period not exceeding six months from the date of the previous expiry.’;

                        (3)

                        point 11.1.2 is replaced by the following:

                                    ‘11.1.2.

                                    Persons being recruited to implement, or to be responsible for the implementation of, screening, access control or other security controls elsewhere than a security restricted area shall have successfully completed a background check.
                                    Persons having completed a pre-employment check shall undergo a background check by 30 June 2021 at the latest.’;

                        (4)

                        point 12.4.2.2 is replaced by the following:

                                    ‘12.4.2.2.

                                    Standard 2 shall expire on 1 September 2021.’;

                        (5)

                        point 12.4.2.4 is replaced by the following:

                                    ‘12.4.2.4.

                                    The appropriate authority shall inform the Commission when it permits standard 2 EDS to continue to be used as of 1 September 2021.’;

                        (6)

                        point 12.4.2.6 is replaced by the following:

                                    ‘12.4.2.6.

                                    All EDS shall meet standard 3 as from 1 September 2021 at the latest, unless point 12.4.2.3 applies.’;

                        (7)

                        point 12.6.3 is replaced by the following:

                                    ‘12.6.3.

                                    The appropriate authority may permit ETD equipment not certified to comply with attachment 12-L that was deployed before 1 July 2014 and uses particulate sampling to continue to be used until 1 July 2021 at the latest.’.


title: Commission Implementing Regulation (EU) 2020/911 of 30 June 2020 specifying the characteristics of small-area wireless access points pursuant to Article 57(2) of Directive (EU) 2018/1972 of the European Parliament and the Council establishing the European Electronic Communications Code (Text with EEA relevance)

text:
                  1.7.2020

                  EN

                  Official Journal of the European Union

                  L 208/48

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/911
         of 30 June 2020
         specifying the characteristics of small-area wireless access points pursuant to Article 57(2) of Directive (EU) 2018/1972 of the European Parliament and the Council establishing the European Electronic Communications Code
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (1), and in particular Article 57(2) thereof,
         Whereas:

                     (1)

                     As recognised by Directive (EU) 2018/1972, since low power small-area wireless access points are likely to have a positive impact on the use of radio spectrum and on the development of wireless communications in the Union, the deployment of small-area wireless access points should be facilitated through a permit-exempt deployment regime.

                     (2)

                     A small-area wireless access point comprises different elements such as a signal processing unit, an antenna system, cable connections and casing. In some cases, the antenna system or portions thereof could be installed separately from the other elements of a small-area wireless access point and connected by one or more dedicated cables. This may be the case for distributed antenna systems or a distributed radio system used by one or multiple operators. A small-area wireless access point may be designed to serve two or more spectrum users.

                     (3)

                     In order to ensure public acceptance and sustainable deployment, small-area wireless access points subject to the second subparagraph of Article 57(1) of Directive (EU) 2018/1972 should have minimal visual impact. To achieve this, they should be either invisible or mounted in a visually non-obtrusive way onto their supporting structure. Their operation should also ensure a high level of protection of public health, as laid down in Council Recommendation 1999/519/EC (2) on the limitation of exposure of the general public to electromagnetic fields (EMF).

                     (4)

                     Directive 2014/53/EU of the European Parliament and of the Council (3) on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment provides that radio equipment, including a small-area wireless access point, shall be constructed so as to ensure the protection of people’s health and safety.

                     (5)

                     The physical and technical characteristics of small-area wireless access points subject to the second subparagraph of Article 57(1) of Directive (EU) 2018/1972 should therefore be defined in terms of maximum volume, restrictions on weight and maximum emission power for user connectivity. The choice of maximum volume to delimit the visual impact of a small-area wireless access point should allow design flexibility and adaptability to the physical and technical characteristics of the supporting structure.

                     (6)

                     The study for the Commission ‘Light Deployment Regime for Small-Area Wireless Access Points (SAWAPs) (4)’demonstrates that a volume limit of 20 litres should be sufficient to contain the main elements of a small-area wireless access point, while ensuring its unobtrusive character. This maximum volume should apply to any deployment of a small-area wireless access point serving one or more spectrum users, as well as of multiple small-area wireless access points sharing an infrastructure site of small surface, such as a light pole, a traffic light, a billboard or a bus stop, which due to its physical dimensions and/or dense replication in a given area is likely to generate visual clutter.

                     (7)

                     Small-area wireless access points, should comply with the European harmonised standard EN 62232:2017 (5)
                        ‘
                        Determination of RF field strength, power density and specific absorption rate
                        (SAR) in the vicinity of radiocommunication base stations for the purpose of evaluating human exposur
                        e’, which provides a methodology for the installation of base stations taking into account their emission power for the purpose of evaluating human exposure to the electro-magnetic fields (‘EMF’), in compliance with the limits set in Recommendation 1999/519/EC.

                     (8)

                     This standard applies to all type of base stations divided into five installation classes corresponding to different limits of their equivalent isotropical radiated power (EIRP) of a few milliwatt (Class E0), 2 Watt (Class E2), 10 Watt (Class E10), 100 Watt (Class E100) and above 100 Watt (Class E+) respectively. Out of these classes, considering the installation safety distances to be respected under this standard and since Directive (EU) 2018/1972 provides that small-area wireless access points should be low power equipment, this Regulation should only apply to the installation classes E0, E2 and E10. Table 2 of clause 6.2.4 of EN 62232:2017 requires that the lowest radiating part of the antenna of a Class E10 has a height of at least 2,2 metres above the general public walkway to ensure a distance of at least 20 cm between the main antenna lobe and the human body of a 2 m tall person (6).

                     (9)

                     For aesthetic reasons, the indoor installation of small-area wireless access points of Class E10, which are likely to utilise the maximum volume limit of 20 litres, should be limited to large indoor places with a ceiling height of at least 4 metres, such as museums, stadiums, convention centres, airports, metro-transport stations, railway stations, or shopping centres.

                     (10)

                     The weight of a small-area wireless access point and its shape should not impose structural reinforcement of the support structure used.

                     (11)

                     As further development of the relevant standards is foreseen, if they are to cover small-area wireless access points employing active antenna systems, such access points should not fall in the scope of the permit-exempt deployment regime at this stage.

                     (12)

                     In order to allow supervision and monitoring by the competent authorities, in particular in cases of multiple co-located antenna systems, any operator which has deployed small-area wireless access points in compliance with the characteristics laid down in this Regulation, should submit in due time a notification to the competent authority concerning the installation and location of those access points.

                     (13)

                     This Regulation is without prejudice to the powers of the Member States to determine the aggregate levels of EMF resulting from the colocation or the aggregation in a local area of small-area wireless access points covered by the second subparagraph of Article 57(1) of Directive (EU) 2018/1972, and to ensure their compliance with applicable aggregate exposure limits in accordance with Union law by means other than individual permits.

                     (14)

                     The implementation of this Regulation should be regularly monitored in order to facilitate its review if necessary, taking into account national practice and developments in standardisation, in particular with regard to the inclusion of active antenna systems.

                     (15)

                     This Regulation is without prejudice to national measures regarding safety, utility supply and respect of private property, including the right of owners to determine the use of their property.

                     (16)

                     This Regulation is without prejudice to the application of less restrictive regimes at national level for the deployment of small-area wireless access points, in order to facilitate commensurate density and low visual impact of small-area wireless access deployment.

                     (17)

                     The measures provided for in this Regulation are in accordance with the opinion of the Communications Committee,

               HAS ADOPTED THIS REGULATION:

            Article 1
            This Regulation lays down the physical and technical characteristics of small-area wireless access points referred to in the second subparagraph of Article 57(1) of Directive (EU) 2018/1972.
            This Regulation shall not apply to small-area wireless access points with an active antenna system.

            Article 2
            For the purposes of this Regulation, the following definitions shall apply:

                        (1)

                        ‘equivalent isotropical radiated power (EIRP)’ means the product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna;

                        (2)

                        ‘antenna system’ means a hardware part of a small-area wireless access point that radiates radio frequency energy for the purpose of providing wireless connectivity to end users;

                        (3)

                        ‘active antenna system (AAS)’ means an antenna system of a small-area wireless access point, where the amplitude and/or phase between antenna elements is continually adjusted resulting in an antenna pattern that varies in response to short term changes in the radio environment. This excludes long-term beam shaping such as fixed electrical down tilt. In a small-area wireless access point equipped with an AAS, the latter is integrated as part of the small-area wireless access point;

                        (4)

                        ‘indoor’ means any space, including transportation vehicles, that has a ceiling or roof or any fixed or moveable structure or device which is capable of covering all that space, and except for doors, windows and passageways, is wholly enclosed by walls or sides, either permanently or temporarily, regardless of the type of material used for the roof, wall or sides, and regardless of whether the structure is permanent or temporary;

                        (5)

                        ‘outdoor’ means any space which is not indoor.

            Article 3

               1.   Small-area wireless access points referred to in the second subparagraph of Article 57(1) of Directive (EU) 2018/1972 shall be fully and safely integrated in their supporting structure and therefore invisible to the general public, or meet the conditions set out in point A of the Annex to this Regulation, and shall comply with the requirements of the European standard laid down in point B of the Annex to this Regulation.

               2.   Paragraph 1 is without prejudice to powers of the Member States to determine the aggregate levels of EMF resulting from the colocation or the aggregation in a local area of small-area wireless access points and to ensure compliance with applicable aggregate EMF exposure limits in accordance with Union law by means other than individual permits.

               3.   Operators which have deployed small-area wireless access points, which comply with the characteristics laid down in paragraph 1, shall notify the competent authorities about the installation and location of those access points.

            Article 4
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            It shall apply from 21 December 2020.

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

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 321, 17.12.2018, p. 36.

            (2)  Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz) (OJ L 199, 30.7.1999, p. 59).

            (3)  Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).

            (4)  Smart 2018/0017, https://op.europa.eu/en/publication-detail/-/publication/463e2d3d-1d8f-11ea-95ab-01aa75ed71a1/language-en/format-PDF/source-112125706

            (5)  Applicable to the frequency range 110 MHz–100 GHz.

            (6)  Annex C.4 of EN 62232:2017.

            ANNEX
            A.   Conditions referred to in Article 3(1)

                        1.

                        The total volume of the visible part of a small-area wireless access point serving one or more spectrum users shall not exceed 20 litres.

                        2.

                        The total volume of the visible parts of multiple separate small-area wireless access points sharing the same infrastructure site of small surface, such as a light pole, a traffic light, a billboard or a bus stop, shall not exceed 20 litres.

                        3.

                        In the cases where the antenna system and other elements, such as a radiofrequency unit, a digital processor, a storage unit, a cooling system, power supply, cabling connections, backhaul elements or elements for earthing and fixation, of the small-area wireless access point are separately installed, any portion thereof in excess of 20 litres shall be made invisible.

                        4.

                        The small-area wireless access point shall comply with visual characteristics which ensure visual consistency with the supporting structure and have a proportionate size relative to the overall size of the supporting structure, coherent shape, neutral colours and concealed cables, and shall not, together with other small-area wireless access points that are already installed in adjacent sites, create aggregate visual clutter.

                        5.

                        The weight of a small-area wireless access point and its shape shall not impose a structural reinforcement of the supporting structure.

                  B.   Requirements of European standard referred to in Article 3(1)

                        1.

                        Deployment shall be in accordance with the installation classes E0, E2 and E10 of Table 2 of clause 6.2.4 of the European standard EN 62232:2017 ‘Determination of RF field strength, power density and specific absorption rate (SAR) in the vicinity of radiocommunication base stations for the purpose of evaluating human exposure’.

                        2.

                        A small-area wireless access point of the installation class E10 shall be only deployed outdoors or in indoor spaces with a ceiling height of at least 4 m.

                        3.

                        In the case of multiple co-located antenna systems (or portions thereof) of one or more small-area wireless access points, the criteria for the EIRP contained in the reference in point 1 shall apply to the sum of EIRP of all co-located antenna systems (or portions thereof).


title: Commission Implementing Regulation (EU) 2020/1031 of 15 July 2020 concerning the authorisation of benzoic acid as a feed additive for pigs for fattening (holder of authorisation DSM Nutritional Products Ltd represented by DSM Nutritional Products Sp. Z o.o) (Text with EEA relevance)

text:
                  16.7.2020

                  EN

                  Official Journal of the European Union

                  L 227/21

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1031
         of 15 July 2020
         concerning the authorisation of benzoic acid as a feed additive for pigs for fattening (holder of authorisation DSM Nutritional Products Ltd represented by DSM Nutritional Products Sp. Z o.o)
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
         Whereas:

                     (1)

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

                     (2)

                     In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of benzoic acid. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

                     (3)

                     That application concerns the authorisation of benzoic acid as a feed additive for pigs for fattening, to be classified in the additive category ‘zootechnical additives’.

                     (4)

                     The European Food Safety Authority (‘the Authority’) concluded in its opinion of 15 May 2019 (2) that, under the proposed conditions of use, benzoic acid does not have an adverse effect on animal health, consumer safety or the environment. It also concluded that the additive is a skin irritant and severe eye irritant. Therefore, appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. The Authority concluded that benzoic acid has the potential to be efficacious improving the zootechnical performance in pigs for fattening. The Authority did not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

                     (5)

                     The assessment of benzoic acid shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

                     (6)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘other zootechnical additives’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 15 July 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  EFSA Journal 2019; 17(6):5727.

            ANNEX

                        Identification number of the additive

                        Name of the holder of authorisation

                        Additive

                        Composition, chemical formula, description, analytical method

                        Species or category of animal

                        Maximum age

                        Minimum content

                        Maximum content

                        Other provisions

                        End of period of authorisation

                        mg of active substance/kg of complete feedingstuff with a moisture content of 12 %

                           Category of zootechnical additives. Functional group: other zootechnical additives (improvement of zootechnical parameters)

                        4d210

                        DSM Nutritional Products Ltd represented by DSM Nutritional Products Sp. Z o.o

                        Benzoic acid

                           Additive composition

                        Benzoic acid (≥ 99,9 %)
                        ————————————————

                           Characterisation of active substance

                        Benzenecarboxylic acid, phenylcarboxylic acid,
                        C7H6O2

                        CAS number 65-85-0
                        Maximum level of the impurities:
                        Phthalic acid: ≤ 100 mg/kg
                        Biphenyl: ≤ 100 mg/kg
                        ————————————————

                           Analytical method
                            (1)

                        For the quantification of benzoic
                        acid in the feed additive:

                                    —

                                    titration with sodium hydroxide (European Pharmacopoeia

                              monograph 0066).
                        For the quantification of the benzoic acid in the premixtures and feedingstuffs: – reversed phase liquid chromatography with UV detection (RP- HPLC/UV) – method based on ISO9231:2008

                        Pigs for fattening

                        -

                        3 000

                        10 000

                                    1.

                                    In the directions for use of the additive and premixture, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    The additive shall not be used with other sources of benzoic acid or benzoates.

                                    3.

                                    The directions of use shall be indicated: ‘Complementary feedingstuffs containing benzoic acid shall not be fed to pig for fattening as such. Complementary feedingstuff containing benzoic acid shall be thoroughly mixed with other feed materials of the daily ration’.

                                    4.

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

                        5 August 2030

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


title: Commission Implementing Regulation (EU) 2020/1032 of 15 July 2020 concerning the authorisation of the preparation of Bacillus subtilis DSM 28343 as a feed additive for calves for rearing and pigs for fattening (holder of authorisation Lactosan GmbH & Co. KG) (Text with EEA relevance)

text:
                  16.7.2020

                  EN

                  Official Journal of the European Union

                  L 227/24

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1032
         of 15 July 2020
         concerning the authorisation of the preparation of Bacillus subtilis DSM 28343 as a feed additive for calves for rearing and pigs for fattening (holder of authorisation Lactosan GmbH & Co. KG)
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
         Whereas:

                     (1)

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

                     (2)

                     In accordance with Article 7 of Regulation (EC) No 1831/2003, two applications were submitted for the authorisation of the preparation of Bacillus subtilis DSM 28343. Those applications were accompanied by the particulars and documents required under Article 7(3) of that Regulation.

                     (3)

                     Those applications concern the authorisation of the preparation of Bacillus subtilis DSM 28343 as a feed additive for calves for rearing and pigs for fattening, to be classified in the additive category ‘zootechnical additives’.

                     (4)

                     The European Food Safety Authority (‘the Authority’) concluded in its opinions of 6 March 2018 (2), 4 July 2019 (3) and 15 May 2019 (4) that, under the proposed conditions of use, the preparation of Bacillus subtilis DSM 28343 does not have an adverse effect on animal health, consumer safety or the environment. It also concluded that the additive should be considered a potential respiratory sensitiser and no conclusion can be drawn on its potential skin sensitisation. Therefore, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive. The Authority concluded that the additive has a significant effect on growth performance in calves for rearing and a potential to increase the body weight gain of pigs for fattening. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

                     (5)

                     The assessment of the preparation of Bacillus subtilis DSM 28343 shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

                     (6)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Authorisation
            The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘gut flora stabilisers’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 15 July 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  EFSA Journal 2018;16(3):5220.

            (3)  EFSA Journal 2019;17(7):5793.

            (4)  EFSA Journal 2019;17(5):5725.

            ANNEX

                        Identification number of the additive

                        Name of the holder of authorisation

                        Additive

                        Composition, chemical formula, description, analytical method

                        Species or category of animal

                        Maximum age

                        Minimum content

                        Maximum content

                        Other provisions

                        End of period of authorisation

                        CFU/kg of complete feedingstuff with a moisture content of 12 %

                           Category of zootechnical additives. Functional group: gut flora stabilisers

                        4b1825

                        Lactosan GmbH & Co. KG

                           Bacillus subtilis

                        DSM 28343

                           Additive composition

                        Preparation of Bacillus subtilis DSM 28343 containing a minimum of 1 × 1010 CFU/g of additive
                        Solid form
                        ———————————————

                           Characterisation of the active substance

                        Viable spores of Bacillus subtilis DSM 28343
                        ———————————————

                           Analytical method
                            (1)

                        For identification of Bacillus subtilis DSM 28343 in the feed additive, premixtures and feedingstuffs: Pulsed Field Gel Electrophoresis (PFGE)
                        For enumeration of Bacillus subtilis DSM 28343 in the feed additive, premixtures and feedingstuffs: Spread plate method using tryptone soya agar – EN 15784

                        Calves for rearing
                        Pigs for fattening

                        -
                        -

                        1 × 109

                        2 × 108

                        -

                                    1.

                                    In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.

                                    2.

                                    The use in calves for rearing shall be restricted to milk replacers.

                                    3.

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

                        5 August 2030

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


title: Commission Implementing Regulation (EU) 2020/1027 of 14 July 2020 on amending Implementing Regulations (EU) No 771/2014, (EU) No 1242/2014 and (EU) No 1243/2014 as regards the implementation and monitoring of specific measures to mitigate the impact of the COVID-19 outbreak in the fishery and aquaculture sector

text:
                  16.7.2020

                  EN

                  Official Journal of the European Union

                  L 227/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1027
         of 14 July 2020
         on amending Implementing Regulations (EU) No 771/2014, (EU) No 1242/2014 and (EU) No 1243/2014 as regards the implementation and monitoring of specific measures to mitigate the impact of the COVID-19 outbreak in the fishery and aquaculture sector
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund (1) and in particular Articles 18(3), 72(3), 97(2) and 107(3) thereof,
         Whereas:

                     (1)

                     Regulation (EU) 2020/560 of the European Parliament and of the Council (2) has amended Regulation (EU) No 508/2014 to introduce specific measures to mitigate the impact of the COVID-19 outbreak in the fishery and aquaculture sector.

                     (2)

                     In order to allow the implementation of Regulation (EU) 2020/560, the model for operational programmes under the European Maritime and Fisheries Fund (‘the EMFF’) and the structure of the compensation plans for operators in the outermost regions set out in Commission Implementing Regulation (EU) No 771/2014 (3) should be adjusted, taking into consideration the requirements of the new measures.

                     (3)

                     The implementation of Regulation (EU) 2020/560 also requires adjustments to the technical specifications and rules for the presentation of cumulative data on operation and information to be sent by Member States set out in Commission Implementing Regulations (EU) No 1242/2014 (4) and (EU) No 1243/2014 (5). These adjustments should allow a reliable monitoring and reporting of operations related to the mitigation of the COVID-19 outbreak. Pursuant to Article 97(1)(a) of Regulation (EU) No 508/2014, the annual deadline for providing the cumulative data on operations is 31 March. This means that Member States should submit this information in the amended format as of 2021, so as to ensure consistent and harmonised reporting.

                     (4)

                     Commission Implementing Regulations (EU) No 771/2014, (EU) No 1242/2014 and (EU) No 1243/2014 should therefore be amended accordingly.

                     (5)

                     In order to allow for the prompt application of the measures provided for in this Regulation due to the urgency in providing the requisite support, this Regulation should enter into force on the day following that of its publication.

                     (6)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee for the European Maritime and Fisheries Fund,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Amendments to Implementing Regulation (EU) No 771/2014
            Implementing Regulation (EU) No 771/2014 is amended as follows:

                        (1)

                        Section 4.5 of Annex I is replaced by the text set out in Annex I to this Regulation;

                        (2)

                        Section 8.2 of Annex I is replaced by the text set out in Annex I to this Regulation;

                        (3)

                        Annex II is amended in accordance with Annex I to this Regulation.

            Article 2
            Amendments to Implementing Regulation (EU) No 1242/2014
            Implementing Regulation (EU) No 1242/2014 is amended as follows:

                        (1)

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

                        (2)

                        in Annex V, row I.9 of table 1 is replaced by the text set out in Annex II to this Regulation.

            Article 3
            Amendments to Implementing Regulation (EU) No 1243/2014
            Implementing Regulation (EU) No 1243/2014 is amended as follows:

                        (1)

                        Annex I is amended in accordance with Annex III to this Regulation;

                        (2)

                        in Annex II, row I.9 is replaced by the text set out in Annex III to this Regulation.

            Article 4
            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, 14 July 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).

            (2)  Regulation (EU) 2020/560 of the European Parliament and of the Council of 23 April 2020 amending Regulations (EU) No 508/2014 and (EU) No 1379/2013 as regards specific measures to mitigate the impact of the COVID-19 outbreak in the fishery and aquaculture sector (OJ L 130, 24.4.2020, p. 11).

            (3)  Commission Implementing Regulation (EU) No 771/2014 of 14 July 2014 laying down rules pursuant to Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the model for operational programmes, the structure of the plans for the compensation of additional costs incurred by operators in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions, the model for the transmission of financial data, the content of the ex ante evaluation reports and the minimum requirements for the evaluation plan to be submitted under the European Maritime and Fisheries Fund (OJ L 209, 16.7.2014, p. 20).

            (4)  Commission Implementing Regulation (EU) No 1242/2014 of 20 November 2014 laying down rules pursuant to Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the presentation of relevant cumulative data on operations (OJ L 334, 21.11.2014, p. 11).

            (5)  Commission Implementing Regulation (EU) No 1243/2014 of 20 November 2014 laying down rules pursuant to Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the information to be sent by Member States, as well as on data needs and synergies between potential data sources (OJ L 334, 21.11.2014, p. 39).

            ANNEX I

               1.
               Annex I to Commission Implementing Regulation (EU) No 771/2014 is amended as follows:

                           (1)

                           Section 4.5 is replaced by the following:

                                       ‘4.5.

                                          Description of the method for the calculation of compensation according to relevant criteria identified for each of the activities deployed under Article 40(1), 53, 54, 55, 67 and 69(3) of Regulation (EU) No 508/2014

                                                      <4.5 type="S" maxlength="4500" input="M">’

                           (2)

                           Section 8.2 is replaced by the following:

                                       ‘8.2.

                                          EMFF contribution and co-financing rate for the Union Priorities, Technical Assistance and other support (in euro)

                                                   Total support

                                                   Main allocation (total funding minus performance reserve)

                                                   Performance reserve

                                                   Performance reserve amount as proportion of total Union support

                                                   Union Priorities

                                                   Measure(s) under the Union Priority

                                                   EMFF contribution
                                                   (performance reserve included)

                                                   National counterpart
                                                   (performance reserve included)

                                                   EMFF co-financing rate

                                                   EMFF support

                                                   National counterpart

                                                   EMFF Performance reserve

                                                   National counterpart (1)

                                                   a

                                                   b

                                                   c = a/(a + b) × 100

                                                   d = a – f

                                                   e = b – g

                                                   f

                                                   g = b × (f/a)

                                                   h = f/a × 100

                                                               1.

                                                               Promoting environmentally sustainable, resource efficient, innovative, competitive and knowledge-based fisheries

                                                   Article 33(1)(a),(b) and (c), Article 34 and Article 41(2)

                                                      <8.2 type="N"input="M">

                                                      <8.2 type="N"input="M">

                                                   50 %

                                                      <8.2 type="N"input="M">

                                                   Article 33(1)(d) and Article 44(4a)

                                                      <8.2 type="N"input="M">

                                                      <8.2 type="N"input="M">

                                                   max 75 %,
                                                   min 20 %

                                                   0

                                                   0

                                                   Financial allocation for the rest of the Union priority 1

                                                      <8.2 type="N"input="M">

                                                      <8.2 type="N"input="M">

                                                   max 75 %,
                                                   min 20 %

                                                      <8.2 type="N"input="M">

                                                               2.

                                                               Fostering environmentally sustainable, resource efficient, innovative, competitive and knowledge-based aquaculture

                                                      <8.2 type="N"input="M">

                                                      <8.2 type="N"input="M">

                                                   max 75 %,
                                                   min 20 %

                                                      <8.2 type="N"input="M">

                                                               3.

                                                               Fostering the implementation of the CFP

                                                   the improvement and supply of scientific knowledge and collection and management of data Article 13(3) of the EMFF)

                                                      <8.2 type="N"input="M">

                                                      <8.2 type="N"input="M">

                                                   80 %

                                                      <8.2 type="N"input="M">

                                                   the support to monitoring, control and enforcement, enhancing institutional capacity and an efficient public administration without increasing the administrative burden (Article 76(2)(a) to (d) and (f) to (l)) (Article 13(2) of the EMFF)

                                                      <8.2 type="N"input="M">

                                                      <8.2 type="N"input="M">

                                                   90 %

                                                      <8.2 type="N"input="M">

                                                   the support to monitoring, control and enforcement, enhancing institutional capacity and an efficient public administration without increasing the administrative burden (Article 76(2)(e)) (Article 13(2) of the EMFF)

                                                      <8.2 type="N"input="M">

                                                      <8.2 type="N"input="M">

                                                   70 %

                                                      <8.2 type="N"input="M">

                                                               4.

                                                               Increasing employment and territorial cohesion

                                                      <8.2 type="N"input="M">

                                                      <8.2 type="N"input="M">

                                                   max 85 %,
                                                   min 20 %

                                                      <8.2 type="N"input="M">

                                                               5.

                                                               Fostering marketing and processing

                                                   Storage aid (Article 67)

                                                      <8.2 type="N"input="M">

                                                      <8.2 type="N"input="M">

                                                   100 %

                                                   0

                                                   0

                                                   0

                                                   Compensation for outermost regions (Article 70) (Article 13(4) of the EMFF)

                                                      <8.2 type="N"input="M">

                                                      <8.2 type="N"input="M">

                                                   100 %

                                                      <8.2 type="N"input="M">

                                                   Financial allocation for the rest of the Union priority 5

                                                      <8.2 type="N"input="M">

                                                      <8.2 type="N"input="M">

                                                   max 75 %,
                                                   min 20 %

                                                      <8.2 type="N"input="M">

                                                               6.

                                                               Fostering the implementation of the Integrated Maritime Policy

                                                      <8.2 type="N"input="M">

                                                      <8.2 type="N"input="M">

                                                   max 75 %,
                                                   min 20 %

                                                      <8.2 type="N"input="M">

                                                   Technical assistance

                                                      <8.2 type="N"input="M">

                                                      <8.2 type="N"input="M">

                                                   max 75 %,
                                                   min 20 %

                                                   0

                                                   0

                                                   0

                                                   Total (automatically calculated):

                                                      <8.2 type="N"input="G">

                                                      <8.2 type="N"input="G">

                                                   NA

                                                      <8.2 type="N"input="G">

                                                      <8.2 type="N"input="G">

                                                      <8.2 type="N"input="G">

                                                      <8.2 type="N"input="G">

                                                   NA

               2.
               In Annex II to Implementing Regulation (EU) No 771/2014, the following section 5a is inserted:

                           ‘5a.

                              Description of the methods of calculation and of implementation of the measures to compensate the economic losses resulting from the COVID-19 outbreak referred to in the second subparagraph of Article 70(1) of Regulation (EU) No 508/2014

                                          <4.5 type="S" maxlength="3500" input="M">’

               (1)  The national counterpart is divided pro rata between the main allocation and the performance reserve.’

            ANNEX II

               1.
               In Annex I to Commission Implementing Regulation (EU) No 1242/2014, in the first column ‘Field’, the following field entry 25 is inserted:

                           ‘25

                           Mitigation of the COVID-19 outbreak’

               2.
               In Annex V to Implementing Regulation (EU) No 1242/2014, in table 1 of Annex V, row I.9 is replaced by the following:

                           ‘I.9

                           Article 33 and Article 44(4a)
                           Temporary cessation of fishing activities

                                       —

                                       Number of fishermen concerned

                           1

                           Numerical

                           Yes if operation relates to sea’

                                       —

                                       Number of days covered

                           2

                           Numerical

            ANNEX III

               1.

                  In Annex I to Commission Implementing Regulation (EU) No 1243/2014, the following Part F is inserted:

               ‘PART F

                  Mitigation of the COVID-19 outbreak

                           Field

                           Content of field

                           Comment

                           Data needs and synergies

                           25

                           Mitigation of the COVID-19 outbreak

                           Mitigation of the COVID-19 outbreak
                           Code 0 = non COVID-19 related
                           Code 1 = COVID-19 related.

                           EMFF specific’

                        2.

                        In Annex II to Implementing Regulation (EU) No 1243/2014, row I.9 is replaced by the following:

                                    ‘I.9

                                    Article 33 and Article 44(4a)
                                    Temporary cessation of fishing activities

                                                —

                                                Number of fishermen concerned

                                                —

                                                Number of days covered’