title: Commission Implementing Regulation (EU) 2020/857 of 17 June 2020 laying down the principles to be included in the contract between the European Commission and the .eu top-level domain Registry in accordance with Regulation (EU) 2019/517 of the European Parliament and of the Council (Text with EEA relevance)

text:
                  19.6.2020

                  EN

                  Official Journal of the European Union

                  L 195/52

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/857
         of 17 June 2020
         laying down the principles to be included in the contract between the European Commission and the .eu top-level domain Registry in accordance with Regulation (EU) 2019/517 of the European Parliament and of the Council
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2019/517 of the European Parliament and of the Council of 19 March 2019 on the implementation and functioning of the .eu top-level domain name and amending and repealing Regulation (EC) No 733/2002 and repealing Commission Regulation (EC) No 874/2004 (1), and in particular Article 8(2) thereof,
         Whereas:

                     (1)

                     The purpose of this Regulation is to set out the principles to be included in the contract between the Commission and the Registry for the organisation, administration and management of the .eu top-level domain (‘TLD’).

                     (2)

                     The Registry should manage the .eu TLD in a manner that enhances the Union identity, promotes Union values online and promotes the use of the .eu domain name.

                     (3)

                     To increase the accessibility and the usage of the .eu TLD by all who are eligible to register a .eu TLD under Regulation (EU) 2019/517, the Registry, upon request by the Commission, should offer registrar services to specific underserved geographical areas in the Union or specific categories of users identified by the Commission.

                     (4)

                     To fulfil the obligations set by Regulation (EU) 2019/517, it is essential that the Registry ensures good governance of the .eu TLD, in cooperation with the Commission and taking into account the opinions of the Multistakeholder Advisory Group set up by Regulation (EU) 2019/517 when requested by the Commission.

                     (5)

                     To ensure the competitiveness and widespread use of the .eu TLD, the Registry should pursue operational excellence and ensure a high quality of service at competitive prices. It should ensure trust, security and consumer protection by deploying state-of-the-art methodologies and technologies and cooperate with competent authorities.

                     (6)

                     The Registry should manage its budget in accordance with the principle of sound financial management, namely in accordance with the principles of economy, efficiency and effectiveness. Any annual surplus beyond costs and investments should be transferred to the Union budget.

                     (7)

                     The Registry should ensure the continuity of its services and the functioning of the .eu TLD. To this end, the Registry should have in place and regularly update a business recovery plan.

                     (8)

                     The Registry should promote the Union objectives in internet governance as developed in the Council Conclusions of 27 November 2014 entitled ‘Internet Governance’ and in the Communication of the Commission on internet Policy and Governance Europe’s role in shaping the future of internet Governance (2). Upon request by the Commission, it may set aside part of the annual surplus to fund internet governance objectives.

                     (9)

                     To increase public trust in the online space and protect legitimate rights as defined by Union law, the Registry should take all the necessary measures to prevent and tackle speculative and abusive registrations. In doing so, the Registry should cooperate with the European Union Intellectual Property Office and other Union agencies.

                     (10)

                     With a view to increasing end-users’ trust in the .eu TLD and ensuring a high level of consumer protection, in the provision of their services, the Registry should take measures to ensure the cybersecurity of the systems.

                     (11)

                     The Registry should provide simple and efficient procedures to solve contractual disputes concerning .eu domain names.

                     (12)

                     Maintaining accurate databases of domain names and registration data and providing lawful access to such data, in line with Union data protection rules, is essential to ensure the security, stability and resilience of the domain name system. For this purpose, the Registry should collect and guarantee the integrity and availability of WHOIS data for the .eu TLD and enable lawful access to those data in line with Union data protection rules through appropriate means. The Registry should put in place adequate measures to prevent and correct inaccurate registration data.

                     (13)

                     The measures provided for in this Regulation are in accordance with the opinion of the Communications Committee (COCOM) established by Directive (EU) 2018/1972 of the European Parliament and of the Council (3),

               HAS ADOPTED THIS REGULATION:

            Article 1
            Subject matter
            This Regulation establishes the principles to be included in the contract between the Commission and the Registry for the organisation, administration and management of the .eu TLD, in accordance with Regulation (EU) 2019/517.

            Article 2
            Promotion of the Union values online

               1.   The Registry shall contribute to enhancing the Union identity and promoting the Union values online. In particular, the Registry, through its policies and its interactions with registrars, registrants and other stakeholders, shall promote openness, innovation, multilingualism and accessibility, freedom of expression and information, respect for human rights and the rule of law and shall take measures to promote users’ security online and to respect users’ privacy.

               2.   The Registry shall actively promote the use of all the official languages of the Union.

            Article 3
            Promotion of the .eu TLD

               1.   The Registry shall raise awareness and promote the use of the .eu TLD across the Union, with a view to supporting the digital single market, building an online European identity and encouraging cross-border online activities.

               2.   To promote the use of the .eu TLD in specific underserved geographical areas in the Union or towards specific categories of registrants, the Registry shall, upon request by the Commission, act as a registrar by providing domain name registration services directly to registrants. This activity shall be limited to those geographical areas and categories of registrants identified by the Commission.

               3.   The Registry shall promote the use of the .eu TLD in all its available variants and in all European languages.

            Article 4
            Good governance

               1.   The Registry shall ensure good governance of the .eu TLD. The Registry’s internal governance structure shall ensure broad stakeholder representation, efficiency, effectiveness, accountability, transparency and responsiveness.

               2.   To correct or improve the organisation, administration and management of the .eu TLD, the Registry shall seek advice, cooperate and implement specific instructions from the Commission concerning the .eu TLD and take into account opinions of the Multi-stakeholder Advisory Group when requested by the Commission.

            Article 5
            Good management

               1.   The Registry shall manage the .eu TLD in the public interest, with a view to enhancing public trust in the online environment.

               2.   The Registry shall pursue operational excellence and ensure a high quality of service at competitive prices.

               3.   The Registry shall implement procedures to ensure that the management and administration of the .eu TLD complies with the principles of transparency, security, stability, predictability, reliability, accessibility, efficiency, non-discrimination and that it ensures fair conditions of competition and consumer protection, in accordance with Union law.

               4.   The Registry shall adopt procedures to ensure that it provides the registrars with services and information under the same conditions and with the same quality as it uses for its own equivalent services, in particular, when it acts as a registrar in accordance with Article 3(2).

               5.   The Registry shall manage the .eu TLD in accordance with the principles of sound financial management. The Registry shall provide evidence of compliance with those principles at the request of the Commission, in particular for its allocation of financial and human resources in implementing the contract. The Registry shall submit themselves to an external audit at least every two years.

               6.   The Registry shall offer its services in all the official languages of the Union.

            Article 6
            Security and consumer protection

               1.   The Registry shall ensure a high level of security for the network and information systems that it operates when managing the .eu TLD. In doing so, it shall put in place specific policies and comply with state-of-the-art cybersecurity risk management practices.

               2.   The Registry shall adopt a business continuity and recovery plan with prior written agreement of the Commission. The Registry shall periodically revise the plan, with the prior written agreement of the Commission.

               3.   The Registry shall:

                           (a)

                           provide registrars and registrants with state-of-the-art tools and technologies to protect themselves against cybersecurity threats;

                           (b)

                           employ advanced methodologies to prevent abusive registrations.

            Article 7
            Fees and surplus

               1.   The Registry shall communicate in advance to the Commission the fees that it intends to impose for registering a .eu domain name and information about how they relate to the costs incurred. The fees shall be published by the Registry.

               2.   At the end of each accounting year, the Registry shall transfer any recorded surplus that is not invested in enhancing the quality of its services or in order to promote the Union objectives in internet governance, to the Union budget.

               3.   The Registry shall communicate to the Commission the amounts planned for investments that are expected to be deducted from the potential surplus amount to be transferred to the Union budget.

            Article 8
            Internet governance

               1.   The Registry shall promote the Union objectives in internet governance. In doing so, it shall cooperate with the Commission and take into account opinions issued by the .eu Multi-stakeholder Advisory Group when requested by the Commission.

               2.   Upon the Commission’s request, the Registry shall set aside part of the surplus generated by the .eu TLD to promote Union objectives in internet governance.

               3.   The Registry shall have a detailed plan in place to fund internet governance objectives. It shall adopt the plan with prior written agreement of the Commission.

            Article 9
            Speculative and abusive registrations

               1.   The Registry shall have policies and procedures in place to actively mitigate speculative and abusive domain names registrations in the .eu TLD in compliance with paragraphs (b), (c), (e) of Article 11 of Regulation (EU) 2019/517. In doing so, it shall cooperate with the European Union Intellectual Property Office and other Union agencies.

               2.   The Registry shall take into consideration at least the intellectual property rights covered in Commission Statement 2005/295/EC (4), including copyright, trademarks, and geographical indications provided in Union or national law, and, in as far as they are protected under national law in the Member States where they are held: unregistered trademarks, trade names, business identifiers, company names, family names, and distinctive titles of protected literary and artistic works.

               3.   To mitigate speculative and abusive domain names registrations, the Registry shall have in place policies and procedures ensuring the accuracy of registration data, in particular data identifying registrants. The Registry shall ensure that the registrars manage the registrations in line with the principles of security and accuracy of the data and in accordance with Union law.

               4.   The Registry shall have in place policies and procedures for registration requests and for the verification of registration criteria and of registrants’ data, which shall ensure that any verification of the information takes place prior to the registration or subsequently, at the initiative of the Registry or as a result of a dispute related to the registration of the domain name in question.

            Article 10
            Revocation of domain names

               1.   The Registry shall implement policies and procedures for the revocation of domain names at its own initiative as described in Article 4(3) of Regulation (EU) 2019/517 or using an appropriate extra-judicial or judicial procedure. In particular, the Registry shall revoke domain names that have been registered without rights or legitimate interests in the name, or that are used in bad faith.

               2.   The procedure for the revocation of domain names shall include a notice to the domain name holder and shall afford the holder an opportunity to take appropriate measures.

            Article 11
            Alternative dispute resolution (ADR) procedure

               1.   The Registry shall provide simple, accessible, efficient and uniform procedures to solve disputes pertaining to the registration of .eu domain names.

               2.   The rules on alternative dispute resolution procedures adopted by the Registry shall comply with Directive 2013/11/EU of the European Parliament and the Council (5). They shall take into account international best practice in this area, including relevant World Intellectual Property Organization recommendations, and they shall comply with uniform procedural rules that are in line with those set out in ICANN’s uniform domain name dispute resolution policy.

               3.   The Registry may select reputable alternative dispute resolution providers with appropriate expertise. The selection process shall be objective, transparent and non-discriminatory. The list of these providers shall be published by the Registry.

            Article 12
            Databases of domain names and registration data

               1.   The Registry shall have policies and procedures in place to ensure that the WHOIS database includes accurate and up to date information and to ensure that the publication and access to these data is in line with Union data protection rules.

               2.   The deliberate submission of inaccurate information shall constitute grounds for considering the domain name registration to have been in breach of the terms of registration.

            Article 13
            Cooperation with competent authorities

               1.   The Registry shall cooperate with competent authorities involved in the fight against cybercrime. It shall also cooperate with competent authorities and public and private bodies involved in the fight against speculative and abusive registrations, in cybersecurity and information security, in consumer protection, and in the protection of fundamental rights. It shall provide access to data to competent authorities and public bodies in line with Union or national law that complies with Union law, including with orders by courts or competent authorities vested with relevant powers.

               2.   The Registry shall establish procedures to facilitate the cooperation with competent authorities and public and private bodies.

            Article 14
            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, 17 June 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 91, 29.3.2019, p. 25.

            (2)  COM/2014/072.

            (3)  Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36).

            (4)  Statement by the Commission concerning Article 2 of Directive 2004/48/EC of the European Parliament and of the Council on the enforcement of intellectual property rights (OJ L 94, 13.4.2005, p. 37).

            (5)  Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 63).


title: Council Implementing Regulation (EU) 2020/847 of 18 June 2020 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran

text:
                  19.6.2020

                  EN

                  Official Journal of the European Union

                  L 196/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2020/847
         of 18 June 2020
         implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran
         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 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (1), and in particular Article 46(2) thereof,
         Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 23 March 2012, the Council adopted Regulation (EU) No 267/2012.

                     (2)

                     On the basis of a review of Annex II to Decision 2010/413/CFSP, the Council has concluded that the restrictive measures against all persons and entities in the list set out therein should be maintained, in so far as their names are not mentioned in Annex VI to that Decision.

                     (3)

                     The Council has also concluded that 10 entries included in Annex IX to Regulation (EU) No 267/2012 should be updated.

                     (4)

                     Regulation (EU) No 267/2012 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex IX to Regulation (EU) No 267/2012 is amended as set out in the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 18 June 2020.

                  For the Council

                  The President

               A. METELKO-ZGOMBIĆ

            (1)  OJ L 88, 24.3.2012, p. 1.

            ANNEX
            Annex IX to Regulation (EU) No 267/2012 is amended as follows:

                        (1)

                        under the heading ‘I. Persons and entities involved in nuclear or ballistic missile activities and persons and entities providing support to the Government of Iran.’, the following entries replace the corresponding entries in the list set out under the subheading ‘A. Persons’:

                                    Name

                                    Identifying information

                                    Reasons

                                    Date of listing

                                    ‘8.

                                    Ebrahim MAHMUDZADEH

                                    Former Managing Director of Iran Electronic Industries (see Part B, No 20). Currently director general of the Armed Forces Social Security Organization.

                                    23.6.2008

                                    12.

                                    Mohammad Reza MOVASAGHNIA

                                    Former head of Samen Al A’Emmeh Industries Group (SAIG), also known as the Cruise Missile Industry Group. This organisation was designated under UNSCR 1747 and listed in Annex I to Common Position 2007/140/CFSP.

                                    26.7.2010

                                    25.

                                    Sayed Shamsuddin BORBORUDI
                                    (a.k.a. Seyed Shamseddin BORBOROUDI)

                                    DOB: 21/9/1969

                                    Former Deputy Head of UN designated Atomic Energy Organisation of Iran, where he was subordinate to UN designated Feridun Abbasi Davani. Has been involved in the Iranian nuclear programme since at least 2002, including as the former head of procurement and logistics at AMAD, where he was responsible for using front companies such as Kimia Madan to procure equipment and material for Iran’s nuclear weapons programme.

                                    1.12.2011’

                        (2)

                        under the heading ‘I. Persons and entities involved in nuclear or ballistic missile activities and persons and entities providing support to the Government of Iran.’, the following entries replace the corresponding entries in the list set out under the subheading ‘B. Entities’:

                                    Name

                                    Identifying information

                                    Reasons

                                    Date of listing

                                    ‘87.

                                    Khala Afarin Pars (a.k.a. PISHRO KHALA AFARIN COMPANY)

                                    Last address known: Unit 5, 2nd Floor, No 75, Mehran Afrand St, Sattarkhan St, Tehran.

                                    Involved in purchasing equipment and materials which have direct applications in the Iranian nuclear programme.

                                    1.12.2011

                                    161.

                                    Sharif University of Technology

                                    Last address known: Azadi Ave/Street, PO Box 11365-11155, Tehran, Iran, Tel. +98 21 66 161 Email: info@sharif.ir

                                    Sharif University of Technology (SUT) has a number of cooperation agreements with Iranian Government organisations which are designated by the UN and/or the EU and which operate in military or military-related fields, particularly in the field of ballistic missile production and procurement. This includes: an agreement with the EU-designated Aerospace Industries Organisation for, inter alia, the production of satellites; cooperating with the Iranian Ministry of Defence and the Iranian Revolutionary Guards Corps (IRGC) on smart boat competitions; a broader agreement with the IRGC Air Force which covers developing and strengthening the University’s relations, organisational and strategic cooperation; SUT is part of a 6-university agreement which supports the Government of Iran through defence-related research.
                                    Taken together, these show a significant record of engagement with the Government of Iran in military or military-related fields that constitutes support to the Government of Iran.

                                    8.11.2014’

                        (3)

                        under the heading ‘II. Islamic Revolutionary Guard Corps.’, the following entries replace the corresponding entries in the list set out under the subheading ‘A. Persons’:

                                    Name

                                    Identifying information

                                    Reasons

                                    Date of listing

                                    ‘6.

                                    IRGC Mohammad Ali JAFARI

                                    Former Commander of the IRGC.

                                    23.6.2008

                                    7.

                                    IRGC Brigadier-General Mostafa Mohammad NAJJAR

                                    Former Minister for the Interior and former Minister of MODAFL, responsible for all military programmes, including ballistic missiles programmes. Currently, senior advisor to the Chief of General Staff of the Armed Forces.

                                    23.6.2008

                                    8.

                                    IRGC Brigadier-General Mohammad Reza NAQDI

                                    POB: Nadjaf, Iraq
                                    DOB: 1953

                                    Deputy Coordinator of the IRGC. Former Deputy Commander of IRGC for Cultural and Social Affairs. Former Commander of Basij Resistance Force.

                                    26.7.2010

                                    11.

                                    IRGC Brigadier-General Hossein SALAMI

                                    Commander of the IRGC.

                                    26.7.2010

                                    13.

                                    IRGC Brigadier-General Ahmad VAHIDI

                                    President of the Supreme National Defense University and former Minister of MODAFL.

                                    23.6.2008’


title: Commission Implementing Regulation (EU) 2020/858 of 18 June 2020 amending Implementing Regulation (EU) 2018/732 as regards postponing its date of application (Text with EEA relevance)

text:
                  19.6.2020

                  EN

                  Official Journal of the European Union

                  L 195/57

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/858
         of 18 June 2020
         amending Implementing Regulation (EU) 2018/732 as regards postponing its date of application
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (1), and in particular Article 7(3) thereof,
         Whereas:

                     (1)

                     In accordance with Commission Implementing Regulation (EU) 2018/732 (2) the display of the comparison of the fuel prices in fuel stations should rely on samples of passenger cars that are comparable, at least in view of their weight and their power. Member States have the possibility to make use of the opportunities offered by digitalisation such as online tools, to provide information on vehicle models existing in the market, and to add other information. Therefore, the display of a link to a website with more complete or additional information may be used as a complementary means to the display of fuels unit price comparison at fuel stations. It should not replace the display at the fuel station.

                     (2)

                     Member States should determine which filling stations are to display the results of the alternative fuels unit price comparison following the common methodology set out in Annex I of Implementing Regulation (EU) 2018/732. Information display should happen in a way to ensure adequate consumer information such as through posters, panels or monitors. Their installation requires specific works at fuel stations. Solutions should not burden small and medium-sized enterprises.

                     (3)

                     The Union set up a Programme Support Action (PSA) under Connecting Europe Facility to assist Member States with the implementation of Article 7(3) of Directive 2014/94/EU, including recommendations for a harmonised roll out of information displays. Those recommendations are not yet available as the implementation of the required face-to-face tests had to be postponed because access to filling stations for testing is severely constrained since the start of confinement measures relating to the COVID-19 pandemic. In this respect, the Commission, at the request of the Member States participating in the PSA, has extended its duration through an amendment of the relevant Grant Agreement until 30 September 2020. This will imply a delay in the final delivery of the recommendations to be issued from the PSA to Member States for a harmonised implementation of Article 7(3) of Directive 2014/94/EU.

                     (4)

                     Member States in the Committee on Alternative Fuels Infrastructure at the meeting of 3 April 2020 noted that the measures to confine the spread of COVID-19 constrain the possibility to access filling stations. Consequently, it is not possible to carry out all necessary works to equip filling stations with displays in line with the recommendations from the PSA. In addition, the implementation of posters, panels or monitors requires physical work at filling stations, which could entail safety risks to customers and working staff due to the obligation to maintain social distancing. For those reasons, Member States requested the postponement of the date of application of Implementing Regulation (EU) 2018/732.

                     (5)

                     Those constraints make it impossible to set up the necessary infrastructure to enable filling stations to accommodate the methodology set out the Annex to Implementing Regulation (EU) 2018/732 on the date of application laid down in Article 2. In addition, Member States also face challenges with collecting the relevant data. For those reasons, the date of application of Implementing Regulation (EU) 2018/732 should be postponed for 6 months to allow the Member States to offset the negative impact of the delay caused by the COVID-19 crisis in putting the measures provided for in that Regulation into practice.

                     (6)

                     To provide an immediate relief in the ongoing COVID-19 crisis and to allow Member States and all stakeholders to adapt their planning in accordance with the proposed amendment, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

                     (7)

                     The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 9(1) of Directive 2014/94/EU,

               HAS ADOPTED THIS REGULATION:

            Article 1
            In Article 2 of Implementing Regulation (EU) 2018/732, the second subparagraph is replaced by the following:

               ‘It shall apply from 7 December 2020’

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 18 June 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 307, 28.10.2014, p. 1.

            (2)  Commission Implementing Regulation (EU) 2018/732 of 17 May 2018 on a common methodology for alternative fuels unit price comparison in accordance with Directive 2014/94/EU of the European Parliament and of the Council (OJ L 123, 18.5.2018, p. 85).


title: Commission Implementing Regulation (EU) 2020/861 of 16 June 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Cantal’/‘fourme de Cantal’/‘cantalet’ (PDO)

text:
                  22.6.2020

                  EN

                  Official Journal of the European Union

                  L 197/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/861
         of 16 June 2020
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Cantal’/‘fourme de Cantal’/‘cantalet’ (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)

                     Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France’s application for the approval of amendments to the specification for the protected designation of origin ‘Cantal’/‘fourme de Cantal’/‘cantalet’, registered under Commission Regulation (EC) No 1107/96 (2). These amendments include changing the name ‘Cantal’/‘fourme de Cantal’/‘cantalet’ to ‘Cantal’/‘Fourme de Cantal’.

                     (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 ‘Cantal’/‘fourme de Cantal’/‘cantalet’ (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, 16 June 2020.

                  For the Commission,

                  On behalf of the President,

               Janusz WOJCIECHOWSKI

                  Member of the Commission

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

            (2)  Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 148, 21.6.1996, p. 1).

            (3)  OJ C 46, 11.2.2020, p. 14.


title: Commission Implementing Regulation (EU) 2020/862 of 19 June 2020 fixing the adjustment rate for direct payments pursuant to Regulation (EU) No 1306/2013 of the European Parliament and of the Council in respect of the calendar year 2020

text:
                  22.6.2020

                  EN

                  Official Journal of the European Union

                  L 197/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/862
         of 19 June 2020
         fixing the adjustment rate for direct payments pursuant to Regulation (EU) No 1306/2013 of the European Parliament and of the Council in respect of the calendar year 2020
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 26(3) thereof,
         After consulting the Committee on the Agricultural Funds,
         Whereas:

                     (1)

                     Pursuant to Article 25 of Regulation (EU) No 1306/2013 a reserve intended to provide additional support for the agricultural sector in the case of major crises affecting the agricultural production or distribution is to be established by applying, at the beginning of each year, a reduction to direct payments with the financial discipline mechanism referred to in Article 26 of that Regulation.

                     (2)

                     Article 26(1) of Regulation (EU) No 1306/2013 provides that in order to ensure that the annual ceilings referred to in Article 16 of that Regulation for the financing of the market related expenditure and direct payments are respected, an adjustment rate for direct payments is to be determined when the forecasts for the financing of the measures financed under that sub-ceiling for a given financial year indicate that the applicable annual ceilings will be exceeded.

                     (3)

                     The preliminary forecasts for direct payments and market related expenditure for financial year 2021 show the need for financial discipline for an amount of EUR 647,2 million, including an amount for the reserve for crises in the agricultural sector of EUR 487,6 million in current prices.

                     (4)

                     To cover that amount, the financial discipline mechanism has to apply to direct payments under the support schemes listed in Annex I to Regulation (EU) No 1307/2013 of the European Parliament and of the Council (2) in respect of the calendar year 2020.

                     (5)

                     In accordance with Article 26(3) of Regulation (EU) No 1306/2013, the adjustment rate should be fixed by 30 June of the calendar year in respect of which the adjustment rate applies.

                     (6)

                     The amended Commission proposal for a Council Regulation laying down the multiannual financial framework for the years 2021 to 2027 (3) has not yet been adopted. Therefore, as a precautionary measure, the net balance available for the European Agricultural Guarantee Fund expenditure financial year 2021 amounting to EUR 40 179,1 million (sub-ceiling as set out in the amended proposal, adjusted for transfers notified by Member States in allocations between the European Agricultural Fund for Rural Development and direct payments), should be used for the calculation of the adjustment rate.

                     (7)

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

                     (8)

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

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   For the purpose of fixing the adjustment rate in accordance with Articles 25 and 26 of Regulation (EU) No 1306/2013, and in accordance with Article 8(1) of Regulation (EU) No 1307/2013, the amounts of direct payments under the support schemes listed in Annex I to Regulation (EU) No 1307/2013 to be granted to farmers in excess of EUR 2 000 for an aid application submitted in respect of the calendar year 2020 shall be reduced by an adjustment rate of 2,140411 %.

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

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 19 June 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

            (3)  COM(2020) 443 final.


title: Commission Implementing Regulation (EU) 2020/864 of 22 June 2020 fixing the import duties in the cereals sector applicable from 23 June 2020

text:
                  23.6.2020

                  EN

                  Official Journal of the European Union

                  LI 197/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/864
         of 22 June 2020
         fixing the import duties in the cereals sector applicable from 23 June 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 using the method provided for 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 23 June 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 23 June 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, 22 June 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 23 June 2020

                        CN code

                        Description

                        Import duty (1)
                            (2)

                        (EUR/t)

                        1001 11 00

                        Durum wheat, seed

                        0,00

                        1001 19 00

                        High-quality durum wheat, other than seed

                        0,00

                        Medium-quality durum wheat, other than seed

                        0,00

                        Low-quality durum wheat, other than seed

                        0,00

                        Ex10019120

                        Common wheat, seed

                        0,00

                        Ex10019900

                        High-quality common wheat, other than seed

                        0,00

                        1002 10 00

                        Rye, seed

                        4,65

                        1002 90 00

                        Rye, other than seed

                        4,65

                        1005 10 90

                        Maize seed, other than hybrid

                        4,65

                        1005 90 00

                        Maize, other than seed (3)

                        4,65

                        1007 10 90

                        Grain sorghum, other than hybrids for sowing

                        4,65

                        1007 90 00

                        Grain sorghum, other than seed

                        4,65

               (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 per 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 per 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.

            ANNEXE 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/t)

                           Common wheat  (1)

                           Maize

                           Exchange

                           Minneapolis

                           Chicago

                           Quotation

                           183,142

                           115,120

                           Gulf of Mexico premium

                           -

                           24,873

                           Great Lakes premium

                           42,705

                           -

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

                           Freight costs: Gulf of Mexico-Rotterdam:

                           12,390

                           Freight costs: Great Lakes-Rotterdam:

                           36,075

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


title: Commission Implementing Regulation (EU) 2020/867 of 18 June 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Aprutino Pescarese’ (PDO))

text:
                  25.6.2020

                  EN

                  Official Journal of the European Union

                  L 201/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/867
         of 18 June 2020
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Aprutino Pescarese’ (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)

                     Pursuant to 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 ‘Aprutino Pescarese’, registered under Commission Regulation (EC) No 1263/96 (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 ‘Aprutino Pescarese’ (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, 18 June 2020.

                  For the Commission,

                  On behalf of the President,

               Janusz WOJCIECHOWSKI

                  Member of the Commission

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

            (2)  Commission Regulation (EC) No 1263/96 of 1 July 1996 supplementing the Annex to Regulation (EC) No 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Regulation (EEC) No 2081/92 (OJ L 163, 2.7.1996, p. 20).

            (3)  OJ C 44, 10.2.2020, p. 37.


title: Commission Implementing Regulation (EU) 2020/868 of 18 June 2020 repealing Implementing Regulation (EU) 2016/1140 concerning the classification of certain goods in the Combined Nomenclature

text:
                  25.6.2020

                  EN

                  Official Journal of the European Union

                  L 201/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/868
         of 18 June 2020
         repealing Implementing Regulation (EU) 2016/1140 concerning the classification of certain goods in the Combined Nomenclature
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     By Implementing Regulation (EU) 2016/1140 (2), the Commission classified within the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 (3) two products, one in the form of a self-heating patch and the other in the form of a self-heating belt to relieve pain, under CN code 3824 90 96 as other chemical products or preparations.

                     (2)

                     In its judgement in Case C-182/19 (4), the Court of Justice ruled that Implementing Regulation (EU) 2016/1140 is invalid.

                     (3)

                     For reasons of legal certainty, an act which has been declared invalid by the Court of Justice should be formally removed from the legal order of the Union.

                     (4)

                     Implementing Regulation (EU) 2016/1140 should therefore be repealed.

                     (5)

                     The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee.

                     (6)

                     Since Implementing Regulation (EU) 2016/1140 cannot be applied after the ruling of the Court of Justice on 26 March 2020, in order to ensure legal certainty and legal clarity, this Regulation should enter into force as a matter of urgency,

               HAS ADOPTED THIS REGULATION:

            Article 1

                        Implementing Regulation (EU) 2016/1140 is repealed.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 18 June 2020.

                  For the Commission,

                  On behalf of the President,

               Philip KERMODE

                  Acting Director-General

                  Directorate-General for Taxation and Customs Union

            (1)  OJ L 269, 10.10.2013, p. 1.

            (2)  Commission Implementing Regulation (EU) 2016/1140 of 8 July 2016 concerning the classification of certain goods in the Combined Nomenclature (OJ L 189, 14.7.2016, p. 1).

            (3)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

            (4)  Judgment of the Court of Justice of 26 March 2020, Pfizer Consumer Healthcare Ltd, C-182/19, ECLI:EU:C:2020:243.