title: Commission Implementing Regulation (EU) 2019/2102 of 27 November 2019 amending Implementing Regulation (EU) 2015/2452 with regard to the disclosure of information used in the calculation of the adjustment for the loss-absorbing capacity of deferred taxes (Text with EEA relevance)

text:
                  10.12.2019

                  EN

                  Official Journal of the European Union

                  L 318/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/2102
         of 27 November 2019
         amending Implementing Regulation (EU) 2015/2452 with regard to the disclosure of information used in the calculation of the adjustment for the loss-absorbing capacity of deferred taxes
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking up and pursuit of the business of Insurance and Reinsurance (Solvency II) (1), and in particular Article 56 thereof,
         Whereas:

                     (1)

                     Commission Delegated Regulation (EU) 2019/981 (2) has amended Delegated Regulation (EU) 2015/35 (3) to introduce further principles on deferred taxes to ensure a level playing field in the Union. Certain templates laid down in Commission Implementing Regulation (EU) 2015/2452 (4) should be adapted taking into account those amendments.

                     (2)

                     Implementing Regulation (EU) 2015/2452 should therefore be amended accordingly.

                     (3)

                     The amendments to Delegated Regulation (EU) 2015/35 that require the disclosure of information used in the calculation of the adjustment for the loss-absorbing capacity of deferred taxes are to apply from 1 January 2020. The amendments provided for in this Regulation are made to incorporate those requirements into the relevant templates laid down in Implementing Regulation (EU) 2015/2452. Therefore, this Regulation should apply from the same date.

                     (4)

                     This Regulation is based on the draft implementing technical standards submitted by the European Insurance and Occupational Pensions Authority to the Commission.

                     (5)

                     The European Insurance and Occupational Pensions Authority has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Insurance and Reinsurance Stakeholder Group established by Article 37 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council (5),

               HAS ADOPTED THIS REGULATION:

            Article 1
            Implementing Regulation (EU) 2015/2452 is amended as follows:

                        (1)

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

                        (2)

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

            Article 2
            This Regulation shall enter into force the twentieth day following that of its publication in the Official Journal of the European Union.
            It shall apply from 1 January 2020.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 27 November 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 335, 17.12.2009, p. 1.

            (2)  Commission Delegated Regulation (EU) 2019/981 of 8 March 2019 amending Delegated Regulation (EU) 2015/35 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 161, 18.6.2019, p. 1).

            (3)  Commission Delegated Regulation (EU) 2015/35 of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 12, 17.1.2015, p. 1).

            (4)  Commission Implementing Regulation (EU) 2015/2452 of 2 December 2015 laying down implementing technical standards with regard to the procedures, formats and templates of the solvency and financial condition report in accordance with Directive 2009/138/EC of the European Parliament and of the Council (OJ L 347, 31.12.2015, p. 1285).

            (5)  Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48).

            ANNEX I
            Annex I to Implementing Regulation (EU) 2015/2452 is amended as follows:

                        (1)

                        in template S.25.01.21 — Solvency Capital Requirement — for undertakings on Standard Formula, the following tables are added:

                                    ‘Approach to tax rate

                                                Yes/No

                                                C0109

                                                Approach based on average tax rate

                                                R0590

                                    Calculation of loss absorbing capacity of deferred taxes

                                                LAC DT

                                                C0130’

                                                LAC DT

                                                R0640

                                                LAC DT justified by reversion of deferred tax liabilities

                                                R0650

                                                LAC DT justified by reference to probable future taxable economic profit

                                                R0660

                                                LAC DT justified by carry back, current year

                                                R0670

                                                LAC DT justified by carry back, future years

                                                R0680

                                                Maximum LAC DT

                                                R0690

                        (2)

                        in template S.25.02.21 — Solvency Capital Requirement — for undertakings using the standard formula and partial internal model the following tables are added:

                                    ‘Approach to tax rate

                                                Yes/No

                                                C0109

                                                Approach based on average tax rate

                                                R0590

                                    Calculation of loss absorbing capacity of deferred taxes

                                                LAC DT

                                                C0130’

                                                Amount/estimate of LAC DT

                                                R0640

                                                Amount/estimate of LAC DT justified by reversion of deferred tax liabilities

                                                R0650

                                                Amount/estimate of LAC DT justified by reference to probable future taxable economic profit

                                                R0660

                                                Amount/estimate of LAC DT justified by carry back, current year

                                                R0670

                                                Amount/estimate of LAC DT justified by carry back, future years

                                                R0680

                                                Amount/estimate of Maximum LAC DT

                                                R0690

                        (3)

                        in template S.25.03.21 — Solvency Capital Requirement — for undertakings on Full Internal Models the following tables are added:

                                    ‘Approach to tax rate

                                                Yes/No

                                                C0109

                                                Approach based on average tax rate

                                                R0590

                                    Calculation of loss absorbing capacity of deferred taxes

                                                LAC DT

                                                C0130’

                                                Amount/estimate of LAC DT

                                                R0640

                                                Amount/estimate of LAC DT justified by reversion of deferred tax liabilities

                                                R0650

                                                Amount/estimate of LAC DT justified by reference to probable future taxable economic profit

                                                R0660

                                                Amount/estimate of LAC DT justified by carry back, current year

                                                R0670

                                                Amount/estimate of LAC DT justified by carry back, future years

                                                R0680

                                                Amount/estimate of Maximum LAC DT

                                                R0690

            ANNEX II
            Annex II to Implementing Regulation (EU) 2015/2452 is amended as follows:

                        (1)

                        in section ‘S.25.01 — Solvency Capital Requirement – for undertakings on standard formula’, the following rows are added in the table:

                                    ‘Approach to tax rate

                                    R0590/C0109

                                    Approach based on average tax rate

                                    One of the options in the following closed list shall be used:
                                    1 – Yes
                                    2 – No
                                    3 – Not applicable as LAC DT is not used (in this case R0640 to R0690 are not applicable)
                                    See EIOPA Guidelines on loss-absorbing capacity of technical provisions and deferred taxes (EIOPA-BoS-14/177) (*1)

                                       Calculation of adjustment for loss-absorbing capacity of deferred taxes

                                    R0640/C0130

                                    LAC DT

                                    Amount of loss-absorbing capacity of deferred taxes, as defined in Article 207 of Delegated Regulation (EU) 2015/35. The LAC amount of this cell should be the same as the value in the cell R0150/C0100 in S.25.01.

                                    R0650/C0130

                                    LAC DT justified by reversion of deferred tax liabilities

                                    Amount of loss-absorbing capacity of deferred taxes, calculated in accordance with Article 207 of Delegated Regulation (EU) 2015/35 justified by reversion of deferred tax liabilities

                                    R0660/C0130

                                    LAC DT justified by reference to probable future taxable economic profit

                                    Amount of loss-absorbing capacity of deferred taxes, calculated in accordance with Article 207 of Delegated Regulation (EU) 2015/35 justified by reference to probable future taxable economic profit

                                    R0670/C0130

                                    LAC DT justified by carry back, current year

                                    Amount of loss-absorbing capacity of deferred taxes, calculated in accordance with Article 207 of Delegated Regulation (EU) 2015/35, justified by profits from past years. Amount of the losses allocated to the next year.

                                    R0680/C0130

                                    LAC DT justified by carry back, future years

                                    Amount of loss-absorbing capacity of deferred taxes, calculated in accordance with Article 207 of Delegated Regulation (EU) 2015/35, justified by profits from past years. Amount of losses allocated to the years after next year.

                                    R0690/C0130

                                    Maximum LAC DT

                                    Maximal amount of LAC DT that could be available, before the assessment whether the increase in net deferred tax assets can be used for the purposes of the adjustment, as provided for in Article 207(2) of Delegated Regulation (EU) 2015/35

                        (2)

                        in section ‘S.25.02 — Solvency Capital Requirement – for undertakings using the standard formula and partial internal model’, the following rows are added in the table:

                                    ‘Approach to tax rate

                                    R0590/C0109

                                    Approach based on average tax rate

                                    One of the options in the following closed list shall be used:
                                    1– Yes
                                    2 – No
                                    3 – Not applicable as LAC DT is not used (in this case R0640 to R0690 are not applicable)
                                    See EIOPA Guidelines on loss-absorbing capacity of technical provisions and deferred taxes (EIOPA-BoS-14/177)

                                       Calculation of adjustment for loss-absorbing capacity of deferred taxes

                                    R0640/C0130

                                    Amount/estimate of LAC DT

                                    Amount/estimate of loss-absorbing capacity of deferred taxes, calculated in accordance with Article 207 of Delegated Regulation (EU) 2015/35. The LAC amount of this cell should be the same as the value in the cell R0310/C0100 in S.25.02.

                                    R0650/C0130

                                    Amount/estimate of LAC DT justified by reversion of deferred tax liabilities

                                    Amount/estimate of loss-absorbing capacity of deferred taxes, calculated in accordance with Article 207 of Delegated Regulation (EU) 2015/35, justified by reversion of deferred tax liabilities

                                    R0660/C0130

                                    Amount/estimate of LAC DT justified by reference to probable future taxable economic profit

                                    Amount/estimate of loss-absorbing capacity of deferred taxes, calculated in accordance with Article 207 of Delegated Regulation (EU) 2015/35, justified by reference to probable future taxable economic profit

                                    R0670/C0130

                                    Amount/estimate of LAC DT justified by carry back, current year

                                    Amount of loss-absorbing capacity of deferred taxes, calculated in accordance with Article 207 of Delegated Regulation (EU) 2015/35, justified by profits from past years. Amount of the losses allocated to the next year.

                                    R0680/C0130

                                    Amount/estimate of LAC DT justified by carry back, future years

                                    Amount of loss-absorbing capacity of deferred taxes, calculated in accordance with Article 207 of Delegated Regulation (EU) 2015/35, justified by profits from past years. Amount of losses allocated to the years after next year.

                                    R0690/C0130

                                    Amount/estimate of Maximum LAC DT

                                    Maximal amount of loss-absorbing capacity of deferred taxes that could be available, before the assessment whether the increase in net deferred tax assets can be used for the purposes of the adjustment, as provided for in Article 207(2) of Delegated Regulation (EU) 2015/35’

                        (3)

                        in section ‘S.25.03 — Solvency Capital Requirement – for groups using full internal model’, the following rows are added in the table:

                                    ‘R0590/C0109

                                    Approach based on average tax rate

                                    One of the options in the following closed list shall be used:
                                    1 – Yes
                                    2 – No
                                    3 – Not applicable as LAC DT is not used (in this case R0640 to R0690 are not applicable)
                                    See EIOPA Guidelines on loss-absorbing capacity of technical provisions and deferred taxes (EIOPA-BoS-14/177)

                                       Calculation of adjustment for loss-absorbing capacity of deferred taxes

                                    R0640/C0130

                                    Amount/estimate of LAC DT

                                    Amount/estimate of loss-absorbing capacity of deferred taxes, as defined in Article 207 of Delegated Regulation (EU) 2015/35. The LAC amount of this cell should be the same as the value in the cell R0310/C0100 in S.25.02.

                                    R0650/C0130

                                    Amount/estimate of LAC DT justified by reversion of deferred tax liabilities

                                    Amount/estimate of loss-absorbing capacity of deferred taxes, as calculated in accordance with Article 207 of Delegated Regulation (EU) 2015/35, justified by reversion of deferred tax liabilities

                                    R0660/C0130

                                    Amount/estimate of LAC DT justified by reference to probable future taxable economic profit

                                    Amount/estimate of loss-absorbing capacity of deferred taxes, as calculated in accordance with Article 207 of Delegated Regulation (EU) 2015/35, justified by reference to probable future taxable economic profit

                                    R0670/C0130

                                    Amount/estimate of LAC DT justified by carry back, current year

                                    Amount of loss-absorbing capacity of deferred taxes, calculated in accordance with Article 207 of Delegated Regulation (EU) 2015/35, justified by profits from past years. Amount of the losses allocated to the next year.

                                    R0680/C0130

                                    Amount/estimate of LAC DT justified by carry back, future years

                                    Amount of loss-absorbing capacity of deferred taxes, calculated in accordance with Article 207 of Delegated Regulation (EU) 2015/35, justified by profits from past years. Amount of losses allocated to the years after next year.

                                    R0690/C0130

                                    Amount/estimate of Maximum LAC DT

                                    Maximal amount of loss-absorbing capacity of deferred taxes that could be available, before the assessment whether the increase in net deferred tax assets can be used for the purposes of the adjustment as provided for in Article 207(2) of Delegated Regulation (EU) 2015/35’

               (*1)  Guidelines EIOPA-BoS-14/177 of 2 February 2015 on the loss-absorbing capacity of technical provisions and deferred taxes (https://eiopa.europa.eu/publications/eiopa-guidelines/guidelines-on-the-loss-absorbing-capacity-of-technical-provisions-and-deferred-taxes).’;


title: Commission Implementing Regulation (EU) 2019/2165 of 17 December 2019 authorising the change of the specifications of the novel food coriander seed oil from Coriandrum sativum under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (Text with EEA relevance)

text:
                  18.12.2019

                  EN

                  Official Journal of the European Union

                  L 328/81

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/2165
         of 17 December 2019
         authorising the change of the specifications of the novel food coriander seed oil from Coriandrum sativum under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 (1), and in particular Article 12 thereof,
         Whereas:

                     (1)

                     Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list may be placed on the market within the Union.

                     (2)

                     Pursuant to Article 8 of Regulation (EU) 2015/2283, Commission Implementing Regulation (EU) 2017/2470 (2) establishing a Union list of authorised novel foods was adopted.

                     (3)

                     Pursuant to Article 12 of Regulation (EU) 2015/2283, the Commission is to decide on the authorisation and on the placing on the Union market of a novel food and on the updating of the Union list.

                     (4)

                     Commission Implementing Decision 2014/155/EU (3) authorised, in accordance with Regulation (EC) No 258/97 of the European Parliament and of the Council (4), the placing on the market of coriander seed oil from Coriandrum sativum as a novel food ingredient to be used in food supplements.

                     (5)

                     On 2 July 2019, the company Ovalie Innovation (‘the applicant’) made a request to the Commission to change the specifications of coriander seed oil from Coriandrum sativum in accordance with Article 10(1) of Regulation (EU) 2015/2283. The applicant requested to decrease the minimum level of oleic acid from the current 8,0 % to 7,0 %.

                     (6)

                     The applicant justified the request by indicating that the change is necessary in order to reflect the natural variation on the levels of oleic acid observed in the Coriandrum sativum plant.

                     (7)

                     The Commission considers that a safety evaluation of the current application by the European Food Safety Authority (‘the Authority’) in accordance with Article 10(3) of Regulation (EU) 2015/2283 is not necessary. Oleic acid is the natural main component of olive oil. It is also naturally present, at levels identical to the proposed levels for the novel food, in a number of other staple foods that have a long history of safe consumption.

                     (8)

                     The proposed change in the levels of oleic acid of coriander seed oil from Coriandrum sativum does not alter the conclusions of the safety assessment conducted by the Authority (5) that supported its authorisation by Implementing Decision 2014/155/EU. Therefore, it is appropriate to amend the specifications of the novel food ‘coriander seed oil from Coriandrum sativum’ to the proposed level for oleic acid.

                     (9)

                     The information provided in the application gives sufficient grounds to establish that the proposed changes to the specifications of the novel food ‘coriander seed oil from Coriandrum sativum’ comply with Article 12 of Regulation (EU) 2015/2283.

                     (10)

                     The Annex to Implementing Regulation (EU) 2017/2470 should therefore be amended accordingly.

                     (11)

                     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 Union list of authorised novel foods, as provided for in Article 6 of Regulation (EU) 2015/2283 and included in Implementing Regulation (EU) 2017/2470, referring to the novel food coriander seed oil from Coriandrum sativum, is amended as specified in the Annex to this Regulation.

            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, 17 December 2019.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 327, 11.12.2015, p. 1.

            (2)  Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (OJ L 351, 30.12.2017, p. 72).

            (3)  Commission Implementing Decision 2014/155/EU of 19 March 2014 authorising the placing on the market of coriander seed oil as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council (OJ L 85, 21.3.2014, p. 13).

            (4)  Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (OJ L 43, 14.2.1997, p. 1).

            (5)  EFSA Journal 2013;11(10):3422

            ANNEX
            In the Annex to Implementing Regulation (EU) 2017/2470, the entry for ‘Coriander seed oil from Coriandrum sativum’ in Table 2 (Specifications) is replaced by the following:

                        Authorised Novel Food

                        Specifications

                        ‘Coriander seed oil from Coriandrum sativum

                           Description/Definition:

                        Coriander seed oil is an oil containing glycerides of fatty acids that is produced from the seeds of the coriander plant Coriandrum sativum L.
                        Slight yellow colour, bland taste
                        CAS No: 8008-52-4
                        Composition of fatty acids:
                        Palmitic acid (C16:0): 2-5 %
                        Stearic acid (C18:0): < 1,5 %
                        Petroselinic acid (cis-C18:1(n-12)): 60-75 %
                        Oleic acid (cis-C18:1 (n-9)): 7-15 %
                        Linoleic acid (C18:2): 12-19 %
                        α-Linolenic acid (C18:3): < 1,0 %
                        Trans fatty acids: ≤ 1,0 %

                           Purity:

                        Refractive index (20 °C): 1,466-1,474
                        Acid value: ≤ 2,5 mg KOH/g
                        Peroxide value (PV): ≤ 5,0 meq/kg
                        Iodine value: 88-110 units
                        Saponification value: 179-200 mg KOH/g
                        Unsaponifiable matter: ≤ 15 g/kg’


title: Commission Implementing Regulation (EU) 2020/145 of 3 February 2020 amending Implementing Regulation (EU) No 433/2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council as regards the transmission of reports and information to the North-East Atlantic Fisheries Commission

text:
                  4.2.2020

                  EN

                  Official Journal of the European Union

                  L 31/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/145
         of 3 February 2020
         amending Implementing Regulation (EU) No 433/2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council as regards the transmission of reports and information to the North-East Atlantic Fisheries Commission
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999 (1), and in particular Articles 9 and 11 thereof,
         Whereas:

                     (1)

                     Regulation (EU) No 1236/2010 lays down certain specific control measures to monitor fishing activities of the Union in the Area covered by the North-East Atlantic Fisheries Commission (NEAFC). Detailed rules for the application of Regulation (EU) No 1236/2010 are laid down in Commission Implementing Regulation (EU) No 433/2012 (2).

                     (2)

                     In accordance with Article 12(2) of Regulation (EU) No 1236/2010 Members states are to ensure that the reports and information transmitted to the NEAFC Secretary comply with the data exchange formats and data communication systems determined pursuant to Article 16 of Implementing Regulation (EU) No 433/2012.

                     (3)

                     At its 2018 Annual Meeting the NEAFC has agreed on a new electronic reporting system for the communication of data between the contracting parties and the NEAFC Secretariat based on the UN/FLUX standard (3). NEAFC has decided that the European Union would be the first contracting party to NEAFC to implement the new electronic reporting system. Once the Commission informs NEAFC Secretariat that it is ready to start the implementation of the new reporting system and NEAFC has established that the technical preparations to use the UN/FLUX standard are completed, NEAFC will decide on a date as of which the new standard becomes applicable for data exchanges. The new reporting system will first be used between the EU and the NEAFC Secretariat, and other contracting parties will have to implement the system at the latest within two years of its entry into force.

                     (4)

                     Implementation of the new electronic reporting system requires preparatory work at Commission and Member States level. To avoid undue delays in implementation of the new reporting system, it is therefore necessary to define the date by which the Member States concerned should be in a position to implement the new data exchange formats and data communication systems.

                     (5)

                     The Commission will communicate the date for the start of the implementation period of the new electronic reporting system to the Member States once a decision is taken by NEAFC to this effect.

                     (6)

                     It is therefore necessary to amend Implementing Regulation (EU) No 433/2012.

                     (7)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Article 16 of Implementing Regulation (EU) No 433/2012 is replaced by the following:

                  ‘Article 16
                  Communication to the NEAFC Secretary

                     1.   The data exchange formats and data communication systems referred to in Article 12(2) of Regulation (EU) No 1236/2010 to be used for transmission of reports and information to the NEAFC Secretary shall continue to comply with the rules set out in Annex X to this Regulation until the date referred to in paragraph 3; the corresponding codes to be used in communication with the NEAFC Secretary are as set out in Annex XI.

                     2.   Member States shall complete, by 1 November 2020, all necessary technical preparations enabling the utilisation of the following data exchange formats and data communication systems for transmission of reports and information to the NEAFC Secretary:

                                 (a)

                                 To exchange fishing logbook data, prior notification data, transhipment declaration data, and landing declaration data, the format shall be the Fishing Activity Domain XML Schema Definition based on the UN/FLUX P1000-3 standard. The data exchange shall comply with the FLUX Fishing Activities Implementation Document adopted by NEAFC.

                                 (b)

                                 To report vessel monitoring system data, the format shall be the Vessel Position Domain XML Schema Definition based on the UN/FLUX P1000-7 standard. The data exchange shall comply with the FLUX Vessel Position Implementation Document adopted by NEAFC.

                     3.   Member States shall use the data exchange formats and data communication systems referred to in paragraph 2 from the date to be communicated by the Commission following the decision by NEAFC to this effect. The data exchanges shall comply with the FLUX Implementation Documents adopted by NEAFC.

                     4.   By way of derogation from paragraph 1 and 3, Member States may use the data exchange format referred to in paragraph 2 (b) to report vessel monitoring system data as of the entry into force of this Regulation. Member States shall inform the Commission of the date as of which the new data exchange format will be used.’

            Article 2
            This Regulation shall enter into force on the seventh day following 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, 3 February 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 348, 31.12.2010, p. 17.

            (2)  Commission Implementing Regulation (EU) No 433/2012 of 23 May 2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries (OJ L 136, 25.5.2012, p. 41).

            (3)  Report on the 37th Annual Meeting of the NEAFC (13-16 November 2018), point 12.7.


title: Commission Implementing Regulation (EU) 2020/147 of 3 February 2020 concerning the authorisation of the preparation of Saccharomyces cerevisiae CNCM I-4407 as a feed additive for weaned piglets, sows (in order to have a benefit for suckling piglets) and dairy cows and amending Regulations (EC) No 2148/2004, (EC) No 1288/2004 and (EC) No 1811/2005 (holder of authorisation S.I. Lesaffre) (Text with EEA relevance)

text:
                  4.2.2020

                  EN

                  Official Journal of the European Union

                  L 31/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/147
         of 3 February 2020
         concerning the authorisation of the preparation of Saccharomyces cerevisiae CNCM I-4407 as a feed additive for weaned piglets, sows (in order to have a benefit for suckling piglets) and dairy cows and amending Regulations (EC) No 2148/2004, (EC) No 1288/2004 and (EC) No 1811/2005 (holder of authorisation S.I. Lesaffre)
         (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)

                     Article 10(2) of Regulation (EC) No 1831/2003 provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

                     (3)

                     The preparation of Saccharomyces cerevisiae CNCM I-4407 (former Saccharomyces cerevisiae NCYC Sc 47) was authorised, without a time limit, in accordance with Directive 70/524/EEC as a feed additive for weaned piglets by Commission Regulation (EC) No 2148/2004 (3), for sows by Commission Regulation (EC) No 1288/2004 (4) and for dairy cows by Commission Regulation (EC) No 1811/2005 (5). That preparation was subsequently entered in the Register of feed additives as an existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003.

                     (4)

                     In accordance with Article 10(2) of Regulation (EC) No 1831/2003, an application was submitted for the re-evaluation of the preparation of Saccharomyces cerevisiae CNCM I-4407 (former Saccharomyces cerevisiae NCYC Sc 47) as a feed additive for weaned piglets, sows and dairy cows. The applicant requested that additive to be classified in the additive category ‘zootechnical additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

                     (5)

                     The European Food Safety Authority (‘the Authority’) concluded in its opinion of 22 January 2019 (6) that, under the proposed conditions of use, the preparation Saccharomyces cerevisiae CNCM I-4407 does not have an adverse effect on animal health, human health or the environment. The Authority considered that the additive has the potential to improve performance parameters in weaned piglets and sows in order to have a benefit in sucking piglets. It also concluded that the additive showed a positive effect on performance in dairy cows in two studies. 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.

                     (6)

                     Since the additive has already demonstrated the capacity to improve the performance parameters in other dairy ruminants, namely dairy goats, dairy sheep and dairy buffalos, it was considered that the conditions for the demonstration of the efficacy for dairy cows are met by the results of the provided two in vivo studies.

                     (7)

                     The assessment of the preparation of Saccharomyces cerevisiae CNCM I-4407 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.

                     (8)

                     As a consequence of the granting of a new authorisation under Regulation (EC) No 1831/2003, Regulations (EC) No 2148/2004, (EC) No 1288/2004 and (EC) No 1811/2005 should be amended accordingly.

                     (9)

                     Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

                     (10)

                     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 ‘gut flora stabilisers’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.

            Article 2
            In Annex II to Regulation (EC) No 2148/2004, the entry E 1702 on Saccharomyces cerevisiae NCYC Sc 47 is deleted.

            Article 3
            In Annex I to Regulation (EC) No 1288/2004, the entry E 1702 on Saccharomyces cerevisiae NCYC Sc 47 is deleted.

            Article 4
            In Annex III to Regulation (EC) No 1811/2005, the entry E 1702 on Saccharomyces cerevisiae NCYC Sc 47 is deleted.

            Article 5
            The preparation specified in the Annex and feed containing that preparation which are produced and labelled before 24 August 2020 in accordance with the rules applicable before 24 February 2020 may continue to be placed on the market and used until the existing stocks are exhausted.

            Article 6
            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, 3 February 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (OJ L 270, 14.12.1970, p. 1).

            (3)  Commission Regulation (EC) No 2148/2004 of 16 December 2004 concerning the permanent and provisional authorisations of certain additives and the authorisation of new uses of an additive already authorised in feedingstuffs (OJ L 370, 17.12.2004, p. 24).

            (4)  Commission Regulation (EC) No 1288/2004 of 14 July 2004 concerning the permanent authorisation of certain additives and the provisional authorisation of a new use of an additive already authorised in feedingstuffs (OJ L 243, 15.7.2004, p. 10).

            (5)  Commission Regulation (EC) No 1811/2005 of 4 November 2005 concerning the provisional and permanent authorisations of certain additives in feedingstuffs and the provisional authorisation of a new use of an additive already authorised in feedingstuffs (OJ L 291, 5.11.2005, p. 12).

            (6)  EFSA Journal 2019; 17(3):5600.

            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

                        4b1702

                        S.I. Lesaffre

                           Saccharomyces cerevisiae CNCM I-4407

                           Additive composition

                        Preparation of Saccharomyces cerevisiae CNCM I-4407 containing a minimum of
                        5 × 109 CFU/g of additive
                        Solid form

                           Characterisation of the active substance

                        Viable cells of Saccharomyces cerevisiae CNCM I-4407

                           Analytical method
                            (1)

                        Enumeration: pour plate method using chloramphenicol dextrose yeast extract agar (EN 15789:2009).
                        Identification: polymerase chain reaction (PCR) method CEN/TS 15790:2008.

                        Piglets (weaned)
                        Sows

                        —

                        5 × 109

                                    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 be used in feed for sows in order to have a benefit for suckling piglets.

                                    3.

                                    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 breathing protection.

                        24.2.2030

                        Dairy cows

                        4 × 108

               (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) 2020/160 of 5 February 2020 concerning the authorisation of the preparation of oregano oil, caraway oil, carvacrol, methyl salicylate and L-menthol as a feed additive for weaned piglets (holder of authorisation Biomin GmbH) (Text with EEA relevance)

text:
                  6.2.2020

                  EN

                  Official Journal of the European Union

                  L 34/25

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/160
         of 5 February 2020
         concerning the authorisation of the preparation of oregano oil, caraway oil, carvacrol, methyl salicylate and L-menthol as a feed additive for weaned piglets (holder of authorisation Biomin GmbH)
         (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 a preparation of oregano oil, caraway oil, carvacrol, methyl salicylate and L-menthol. That application was accompanied by the particulars and documents required under Article 7(3) of that Regulation.

                     (3)

                     That application concerns the authorisation of a preparation of oregano oil, caraway oil, carvacrol, methyl salicylate and L-menthol as a feed additive for weaned piglets, to be classified in the additive category ‛zootechnical additives’.

                     (4)

                     The European Food Safety Authority (‘the Authority’) concluded in its opinion of 2 April 2019 (2) that, under the proposed conditions of use, the preparation of oregano oil, caraway oil, carvacrol, methyl salicylate and L-menthol does not have an adverse effect on animal health, consumer safety or the environment. It also concluded that exposure to users by inhalation is unlikely and that no conclusion could be drawn on skin or eyes 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 the potential to be efficacious in improving zootechnical performance. 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 oregano oil, caraway oil, carvacrol, methyl salicylate and L-menthol 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, 5 February 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  EFSA Journal 2019;17(4):5688.

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

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

                        4d19

                        Biomin GmbH

                        Oregano oil, caraway oil, carvacrol, methyl salicylate and L-menthol

                           Additive composition

                        Preparation of:

                                    —

                                    essential oils of oregano (Origanum vulgare L.) (60-80 mg/g) and caraway seed (Carum carvi L.) (5-10 mg/g),

                                    —

                                    carvacrol (60-80mg/g), methyl salicylate (10-40 mg/g) and L-menthol (30-55 mg/g)

                              Solid form

                        Weaned piglets

                        —

                        75

                        125

                                    1.

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

                                    2.

                                    For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks resulting from its 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 eye protections.

                        26 February 2030

                           Characterisation of the active substance:

                        Oregano oil (Origanum vulgare L.) (CAS number: 8007-11-2) with a content of linalool of 1,8-16 mg/g;
                        Caraway seed oil (Carum carvi L.) (CAS number: 8000-42-8) with a content of D-carvone of 2,5-6,5 mg/g;
                        Carvacrol oil (CAS number: 499-75-2) ≥ 99 % with a content of carvacrol of 95-140 mg/g (from oregano and pure carvacrol);
                        Methyl salicylate (CAS number: 119-36-8;
                        L-Menthol (CAS number: 2216-51-8).

                           Analytical method
                            (1)

                        Quantification of the active substances in the feed additive: gas chromatography coupled with flame ionisation detection (GC-FID).

               (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) 2020/463 of 24 March 2020 entering a name in the register of protected designations of origin and protected geographical indications [‘Kiwi de Corse’ (PGI)]

text:
                  31.3.2020

                  EN

                  Official Journal of the European Union

                  L 98/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/463
         of 24 March 2020
         entering a name in the register of protected designations of origin and protected geographical indications [‘Kiwi de Corse’ (PGI)]
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
         Whereas:

                     (1)

                     Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, France’s application to register the name ‘Kiwi de Corse’ was published in the Official Journal of the European Union (2).

                     (2)

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

               HAS ADOPTED THIS REGULATION:

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

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 24 March 2020.

                  For the Commission

               Janusz WOJCIECHOWSKI

                  On behalf of the President

                  Member of the Commission

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

            (2)  OJ C 403, 29.11.2019, p. 74.

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


title: Commission Implementing Regulation (EU) 2020/466 of 30 March 2020 on temporary measures to contain risks to human, animal and plant health and animal welfare during certain serious disruptions of Member States’ control systems due to coronavirus disease (COVID-19) (Text with EEA relevance)

text:
                  31.3.2020

                  EN

                  Official Journal of the European Union

                  L 98/30

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/466
         of 30 March 2020
         on temporary measures to contain risks to human, animal and plant health and animal welfare during certain serious disruptions of Member States’ control systems due to coronavirus disease (COVID-19)
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (1), and in particular Article 141(1) thereof,
         Whereas:

                     (1)

                     Regulation (EU) 2017/625 lays down rules for, inter alia, the performance of official controls and of other official activities by the competent authorities of Member States. It also empowers the Commission to adopt, by means of an implementing act, appropriate temporary measures necessary to contain risks to, inter alia, human, animal and plant health and animal welfare, if it has evidence of a serious disruption in a Member State’s control system.

                     (2)

                     The ongoing crisis related to coronavirus disease (COVID-19) represents an exceptional and unprecedented challenge for the capacity of Member States to fully conduct official controls and other official activities in accordance with EU legislation.

                     (3)

                     In its ‘Guidelines for border management measures to protect health and ensure the availability of goods and essential services’ (2), the Commission stressed that in the current situation, the smooth functioning of the Single Market should not be impacted. In addition, Member States should continue to ensure the circulation of goods.

                     (4)

                     In accordance with Regulation (EU) 2017/625, Member States are obliged to set up a control system, composed of competent authorities designated to perform official controls and other official activities. In particular, in accordance with Article 5(1)(e) of that Regulation, competent authorities are to have, or to have access to, a sufficient number of suitably qualified and experienced staff so that official controls and other official activities can be performed efficiently and effectively.

                     (5)

                     During the ongoing crisis related to COVID-19, Member States have put in place considerable movement restrictions for their populations, in order to protect human health.

                     (6)

                     A number of Member States have informed the Commission that, as a consequence of such movement restrictions, their the capacity to deploy suitable staff for official controls and other official activities, as required by Regulation (EU) 2017/625, is seriously impacted.

                     (7)

                     A number of Member States have informed the Commission specifically of difficulties to perform official controls and other official activities which require the physical presence of control staff. In particular, difficulties arise regarding the clinical examination of animals, certain checks on products of animal origin, plants and plant products and on food and feed of non-animal origin, and regarding the testing of samples in official laboratories designated by Member States.

                     (8)

                     In accordance with EU legislation regulating trade of live animals and germinal products within the Single Market, notably Council Directives 64/432/EEC (3), 88/407/EEC (4), 89/556/EEC (5), 90/429/EEC (6), 91/68/EEC (7), 92/65/EEC (8), 2006/88/EC (9), 2009/156/EC (10) and 2009/158/EC (11), consignments of animals and germinal products are to be accompanied by originals of animal health certificates throughout their movements between Member States.

                     (9)

                     A number of Member States have also informed the Commission that official controls and other official activities resulting in the signature and issuance of original paper official certificates and official attestations which should accompany consignments of animals and germinal products moved between Member States or entering the Union, can currently not be performed in accordance with EU legislation.

                     (10)

                     Therefore, an alternative to the presentation of original paper official certificates and official attestations should be temporarily authorised taking into account the use by registered users of the Trade Control and Expert System (TRACES) as referred to in Commission Implementing Regulation (EU) 2019/1715 (12) and the current technical inability of TRACES to issue electronic certificates in accordance with that Implementing Regulation. This alternative should be without prejudice to the obligation of operators in accordance with Regulation (EU) 2017/625 to present original documents, when technically feasible.

                     (11)

                     In view of these specific circumstances, measures should be taken to avoid serious health risks for staff of the competent authorities without jeopardising the prevention of risks to human, animal and plant health arising from animals, plants and their products and without jeopardising the prevention of risks to animal welfare. At the same time, the proper functioning of the Single Market, based on Union agri-food chain legislation should be ensured.

                     (12)

                     Member States with serious difficulties to operate their existing control systems should therefore be able to apply the temporary measures laid down in this Regulation, to the extent necessary to manage the related serious disruptions of their control systems. Member States should take all necessary action to remedy the serious disruption in their control systems as soon as possible.

                     (13)

                     Member States applying the temporary measures provided for in this Regulation should inform the Commission and the other Member States thereof as well as of measures taken to remedy the difficulties in carrying out official controls and other official activities in accordance with Regulation (EU) 2017/625.

                     (14)

                     This Regulation should be applicable for two months, in order to facilitate the planning and the performance of official controls and other official activities during the crisis linked to COVID-19. In view of the information received from a number of Member States, which suggests that temporary measures should be provided for immediately, this Regulation should enter into force on the day following the day of its publication.

                     (15)

                     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
            This Regulation lays down temporary measures necessary to contain widespread risks to human, animal and plant health and animal welfare, in order to address serious disruptions in the functioning of Member States’ control systems in view of the crisis linked to COVID-19.

            Article 2
            Member States that wish to apply the temporary measures laid down in this Regulation shall inform the Commission and the other Member States thereof, as well as of measures taken to remedy their difficulties in carrying out official controls and other official activities in accordance with Regulation (EU) 2017/625.

            Article 3
            Official controls and other official activities may exceptionally be performed by one or more natural persons specifically authorised by the competent authority on the basis of their qualifications, training and practical experience, who are in contact with the competent authority by any available means of communication, and who are required to follow the instructions of the competent authority for the performance of such official controls and other official activities. Such persons shall act impartially, and they shall be free from any conflict of interest as regards the official controls and other official activities performed by them.

            Article 4
            Official controls and other official activities on official certificates and official attestations may exceptionally be performed by way of an official control performed on an electronic copy of the original of such certificates or attestations, or on an electronic format of the certificate or attestation produced and submitted in TRACES, provided the person responsible for presenting the official certificate or official attestation presents to the competent authority a statement affirming that the original of the official certificate or official attestation will be submitted as soon as technically feasible. When performing such official controls and other official activities, the competent authority shall take into account the risk of non-compliance of animals and goods concerned and operators’ past record as regards the outcome of official controls performed on them and their compliance with the rules referred to in Article 1(2) of Regulation (EU) 2017/625.

            Article 5
            Official controls and other official activities may exceptionally be performed:

                        (a)

                        in the case of analyses, testing or diagnoses to be performed by official laboratories, by any laboratory designated for this purpose by the competent authority on a temporary basis;

                        (b)

                        in the case of physical meetings with operators and their staff in the context of official control methods and techniques referred to in Article 14 of Regulation (EU) 2017/625, via available means of distance communication.

            Article 6
            This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
            It shall apply until 1 June 2020.

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

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  C(2020) 1753 final of 16 March 2020.

            (3)  Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (OJ 121, 29.7.1964, p. 1977/64).

            (4)  Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species (OJ L 194, 22.7.1988, p. 10).

            (5)  Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (OJ L 302, 19.10.1989, p. 1).

            (6)  Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (OJ L 224, 18.8.1990, p. 62).

            (7)  Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (OJ L 46, 19.2.1991, p. 19).

            (8)  Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (OJ L 268, 14.9.1992, p. 54).

            (9)  Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (OJ L 328, 24.11.2006, p. 14).

            (10)  Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importation from third countries of equidae (OJ L 192, 23.7.2010, p. 1).

            (11)  Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (OJ L 343, 22.12.2009, p. 74).

            (12)  Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019 laying down rules for the functioning of the information management system for official controls and its system components (the IMSOC Regulation) (OJ L 261, 14.10.2019, p. 37).


title: Commission Implementing Regulation (EU) 2020/975 of 6 July 2020 authorising agreements and decisions on market stabilisation measures in the wine sector

text:
                  7.7.2020

                  EN

                  Official Journal of the European Union

                  L 215/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/975
         of 6 July 2020
         authorising agreements and decisions on market stabilisation measures in the wine sector
         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 222 thereof,
         Whereas:

                     (1)

                     The Union is the world-leading producer of wine. In marketing years 2014/15 to 2018/2019, the average annual wine production in the Union was 167,6 million hectolitres. The wine marketing year runs from 1 August to 31 July of the following year. The Union accounts for 45 % of global wine-growing areas, 65 % of global production, 60 % of global consumption and 70 % of exports to third countries. The top five wine-producing countries in the Union are, in decreasing order of production volumes, Italy, France, Spain, Germany and Portugal.

                     (2)

                     Due to the COVID-19 pandemic and the extensive movement restrictions on persons put in place in the Member States, growers of wine grapes and producers of wine have been experiencing an economic disruption that has led to financial difficulties and cash-flow problems.

                     (3)

                     The spread of the disease and the measures in place have limited the availability of labour, compromising notably the stages of production, processing and transport of wine grapes and wine.

                     (4)

                     The mandatory closure of restaurants, hotels, bars, as well as the cancellation of festivities and celebrations such as weddings, birthdays and business events in the Union and in third countries, brought the operation of the hospitality and catering sectors to a halt for several months. In addition, tourism and wine-tourism activities such as tastings, fairs and purchases and consumption at the source, have been largely disrupted in most Member States since March 2020.

                     (5)

                     As a result, there have been significant changes in the demand patterns for wine. Consumer demand has shifted towards the home consumption of wine. While consumers have increased the home consumption of certain wine products, such increased home consumption has not compensated for the drop in demand in the hospitality and catering industry.

                     (6)

                     The closure of restaurants and other hospitality establishments has caused a drop in turnover for wine producers. In Germany, wine producers lost 50 % of their turnover in the first quarter of 2020 as sales to restaurants did not take place. There was also a 23 % reduction in sales to specialised wine shops, which often market higher-end wines. According to industry estimates for the entire Union, restaurant, bar and hotel closures have, from the beginning of the closure of restaurants from mid-March until the end of May 2020, resulted in a 30 % reduction in the volume of wine sold and a drop in value of 50 % compared to the sales before the closures.

                     (7)

                     Despite the recent relaxation of certain measures and the easing of certain movement restrictions, including the reopening of restaurants and hospitality establishments, the situation is not expected to normalise in the next 6 months. Restaurants and other hospitality establishments will have to respect social distancing conditions that limit the number of customers. In addition, in many Member States, certain restrictions remain in place regarding the size of social gatherings, including private events such as weddings, where wine is traditionally consumed.

                     (8)

                     Worldwide tourism, which is expected to experience a 70 % drop in turnover in the second quarter of 2020, is also not expected to resume in the next 6 months to a sufficient extent to compensate for the absence of consumption in restaurants during the period where the extensive movement restrictions were in place.

                     (9)

                     Overall, it is estimated that wine consumption in the Union in marketing year 2019/2020 will fall to 108 million hectolitres. This is an overall reduction in consumption of more than 8 % in marketing year 2019/2020 compared to the average of the past 5 marketing years.

                     (10)

                     Exports to third countries are particularly important for the Union wine sector. In 2019, exports totalled EUR 12,1 billion. During the COVID-19 pandemic, exports have been affected by logistical challenges as well as by a reduction in consumption because of the movement restrictions imposed also in third countries. The outbreak of the COVID-19 pandemic in China led to significant port congestion there and elsewhere, as well as to increased blank sailings that led to containers being scarcer, freight rates increasing significantly and exporters seeing their shipments postponed. In addition, Union wine exports had already been negatively affected by the increased import tariffs that the United States imposed on certain wine imports from the Union. Since October 2019, the United States, which is the Union’s main wine export market, has imposed 25 % ad valorem import tariffs on Union still wines.

                     (11)

                     Overall, Union wine exports to third countries are expected to fall by 14 % in marketing year 2019/2020, both compared to the previous marketing year and compared to the average of the past 5 marketing years. Compared to May 2019, the exports of French, Italian and Spanish wines to third countries decreased significantly in May 2020: French wine exports to third countries decreased by 33 % in volume and 55 % in value; Italian wine exports to third countries decreased by 22 % in volume and 26 % in value; and Spanish wine exports to third countries decreased by 63 % in volume and 43 % in value.Exports of sparkling wines have been particularly impacted based on the same reference periods. According to estimates from the wine industry, in May 2020, exports of Champagne to the United States and China decreased by 64 % in volume and 55 % in value, exports of Prosecco to third countries decreased by 27 % in volume and 32 % in value, and exports of Cava to third countries decreased by 40 % in volume and value.

                     (12)

                     In addition, there are currently large volumes of wine in storage due to an exceptional harvest of 174,4 million hectolitres in marketing year 2018/2019, which increased the opening stocks in marketing year 2019/2020 by 14 % compared to marketing year 2018/2019. Unsold wine will have to be stored.

                     (13)

                     The above circumstances lead to a qualification of these events as a period of severe market imbalance.

                     (14)

                     In order to help wine growers and wine producers find a balance in this period of severe market imbalance, it is appropriate to allow for agreements and decisions of farmers, farmers’ associations or associations of such associations, or recognised producer organisations, associations of recognised producer organisations and recognised interbranch organisations concerning the production of wine grapes and of wine, on a temporary basis for a period of 6 months. These measures include: (i) transformation and processing; (ii) storage; (iii) joint promotion; (iv) quality requirements; and (v) temporary planning of production.

                     (15)

                     Such agreements and decisions could for example include: (i) processing wine for other purposes such as distillation of wine into alcohol; (ii) creating and finding storage capacities for the increased volume of wine to be stored; (iii) promoting the consumption of wine; (iv) agreeing on quality requirements that would restrict the marketing of wines to those respecting such requirements; and (v) planning measures to reduce volumes for future harvest.

                     (16)

                     Any agreement or decision should be temporarily authorised for a period of 6 months. The upcoming harvest for marketing year 2020/2021 starting in August 2020, and the run-up to the end of year celebrations, where in particular high-end wines and sparkling wines are consumed and exported, are the periods in which the said measures can be expected to have most impact.

                     (17)

                     In accordance with the first subparagraph of Article 222(1) of Regulation (EU) No 1308/2013, an authorisation is to be given if it does not impair the functioning of the internal market and if the agreements and decisions strictly aim at stabilising the sector. These specific conditions exclude agreements and decisions that directly or indirectly lead to partitioning markets, to discrimination based on nationality or to fixing prices. If the agreements and decisions do not fulfil these conditions, or no longer fulfil these conditions, Article 101(1) of the Treaty applies to these agreements and decisions.

                     (18)

                     The authorisation provided for in this Regulation should cover the Union territory given that the severe market imbalance is common to the whole Union.

                     (19)

                     In order for the Member States to be in a position to assess whether agreements and decisions concerning the production of wine grapes and of wine do not undermine the functioning of the internal market and strictly aim to stabilise the wine sector, information should be provided to the competent authorities of the Member State, including the competition authorities of that state, having the highest share of estimated volume of production of wine grapes and of wine covered by those agreements or decisions on the agreements concluded and decisions taken and on the volume of production of wine grapes and of wine and time period covered by them.

                     (20)

                     Given the severe market imbalance, the necessity to take into account the existing stocks of wine, the drop in consumption and the loss of export markets and so as to help the wine sector recover in the period when the COVID-19 restrictions are eased, including until and beyond the end of year celebrations, this Regulation should enter into force on the day following that of its publication.

                     (21)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Without prejudice to Articles 152(1a), 209(1) and 210(1) of Regulation (EU) No 1308/2013, farmers, farmers’ associations, associations of such associations, recognised producer organisations, associations of recognised producer organisations and recognised interbranch organisations are hereby authorised to conclude agreements concerning the production of wine grapes and of wine and take common decisions concerning the production of wine grapes and of wine on transformation and processing, storage, joint promotion, quality requirements and temporary planning of production during a period of 6 months starting from the date of entry into force of this Regulation.

            Article 2
            Member States shall take the necessary measures to ensure that the agreements and decisions referred to in Article 1 do not undermine the proper functioning of the internal market and strictly aim to stabilise the wine sector.

            Article 3
            The geographic scope of this authorisation is the Union territory.

            Article 4

               1.   As soon as the agreements or decisions referred to in Article 1 are concluded or taken, the farmers, farmers’ associations, associations of such associations, recognised producer organisations, associations of recognised producer organisations and recognised interbranch organisations concerned shall communicate those agreements or decisions to the competent authorities of the Member State having the highest share of estimated volume of production of wine grapes and of wine covered by those agreements or decisions, indicating the following:

                           (a)

                           the estimated volume of production of wine grapes and of wine covered;

                           (b)

                           the expected time period of implementation.

               2.   No later than 25 days after the end of the 6-month period referred to in Article 1, the farmers, farmers’ associations, associations of such associations, recognised producer organisations, associations of recognised producer organisations and recognised interbranch organisations concerned shall communicate the volume of production of wine grapes and of wine actually covered by the agreements or decisions to the competent authorities referred to in paragraph 1 of this Article.

               3.   In accordance with Commission Implementing Regulation (EU) 2017/1185 (2), Member States shall notify the Commission of the following:

                           (a)

                           no later than 5 days after the end of each 1-month period, the agreements and decisions communicated to them in accordance with paragraph 1 during that period;

                           (b)

                           no later than 30 days after the end of the 6-month period referred to in Article 1, an overview of the agreements and decisions implemented during that period.

            Article 5
            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, 6 July 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  Commission Implementing Regulation (EU) 2017/1185 of 20 April 2017 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations (OJ L 171, 4.7.2017, p. 113).


title: Commission Implementing Regulation (EU) 2020/1061 of 13 July 2020 approving amendments to the specification for a Protected Geographical Indication (‘Dealurile Sătmarului’ (PGI))

text:
                  20.7.2020

                  EN

                  Official Journal of the European Union

                  L 232/38

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1061
         of 13 July 2020
         approving amendments to the specification for a Protected Geographical Indication (‘Dealurile Sătmarului’ (PGI))
         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 99 thereof,
         Whereas:

                     (1)

                     The Commission has examined the application for the approval of amendments to the specification for the Protected Geographical Indication ‘Dealurile Sătmarului’, sent by Romania in accordance with Article 105 of Regulation (EU) No 1308/2013.

                     (2)

                     The Commission has published the application for the approval of the amendments to the specification in the Official Journal of the European Union, as required by Article 97(3) of Regulation (EU) No 1308/2013 (2).

                     (3)

                     No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

                     (4)

                     The amendments to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013.

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Dealurile Sătmarului’ (PGI) 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, 13 July 2020.

                  For the Commission,

                  On behalf of the President,

               Janusz WOJCIECHOWSKI

                  Member of the Commission

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

            (2)  OJ C 100, 27.3.2020, p. 6.


title: Commission Implementing Regulation (EU) 2020/1337 of 21 September 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Casatella Trevigiana’ (PDO))

text:
                  28.9.2020

                  EN

                  Official Journal of the European Union

                  L 313/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1337
         of 21 September 2020
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Casatella Trevigiana’ (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 ‘Casatella Trevigiana’, registered under Commission Regulation (EC) No 487/2008 (2), as amended by Implementing Regulation (EU) No 862/2013 (3).

                     (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 (4) 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 ‘Casatella Trevigiana’ (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, 21 September 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 487/2008 of 2 June 2008 registering a name in the Register of protected designations of origin and protected geographical indications (Casatella Trevigiana (PDO)) (OJ L 143, 3.6.2008, p. 12).

            (3)  Commission Implementing Regulation (EU) No 862/2013 of 5 September 2013 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Casatella Trevigiana (PDO)) (OJ L 240, 7.9.2013, p. 15).

            (4)  OJ C 171, 19.5.2020, p. 29.


title: Commission Implementing Regulation (EU) 2020/1338 of 21 September 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Pecorino Siciliano’ (PDO))

text:
                  28.9.2020

                  EN

                  Official Journal of the European Union

                  L 313/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1338
         of 21 September 2020
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Pecorino Siciliano’ (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 ‘Pecorino Siciliano’, registered under Commission Regulation (EC) No 1107/96 (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 ‘Pecorino Siciliano’ (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, 21 September 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 170, 18.5.2020, p. 27.


title: Commission Implementing Regulation (EU) 2020/1433 of 5 October 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Pouligny-Saint-Pierre’ (PDO)

text:
                  12.10.2020

                  EN

                  Official Journal of the European Union

                  L 331/19

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1433
         of 5 October 2020
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Pouligny-Saint-Pierre’ (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 geographical indication ‘Pouligny-Saint-Pierre’, registered under Commission Regulation (EC) No 1107/96 (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 ‘Pouligny-Saint-Pierre’ (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, 5 October 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 193, 9.6.2020, p. 34.