title: Commission Implementing Regulation (EU) 2021/180 of 9 February 2021 entering a name in the register of protected designations of origin and protected geographical indications [‘Dalmatinska pečenica’ (PGI)]

text:
                  16.2.2021

                  EN

                  Official Journal of the European Union

                  L 53/98

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/180
         of 9 February 2021
         entering a name in the register of protected designations of origin and protected geographical indications [‘Dalmatinska pečenica’ (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, Croatia’s application to register the name ‘Dalmatinska pečenica’ 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 ‘Dalmatinska pečenica’ should therefore be entered in the register,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Dalmatinska pečenica’ (PGI) is hereby entered in the register.
            The name specified in the first paragraph denotes a product in Class 1.2. – Meat products (cooked, salted, smoked, etc.), 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, 9 February 2021.

                  For the Commission,

                  On behalf of the President,

               Janusz WOJCIECHOWSKI

                  Member of the Commission

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

            (2)  OJ C 309, 18.9.2020, p. 9.

            (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) 2021/181 of 15 February 2021 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (Text with EEA relevance)

text:
                  16.2.2021

                  EN

                  Official Journal of the European Union

                  L 53/99

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/181
         of 15 February 2021
         amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (1), and in particular Article 16(1) and (3)(a), Article 21(2) and Article 22(1) thereof,
         Whereas:

                     (1)

                     Article 42(b) of Commission Regulation (EC) No 889/2008 (2) provides that, when organically reared pullets are not available, non-organically reared pullets for egg production of not more than 18 weeks may be brought into an organic livestock unit under certain conditions until 31 December 2020.

                     (2)

                     Organically reared pullets for egg production have not been available in sufficient quality and quantity on the Union market to meet the needs of laying hen farmers. In the meantime, due to the outbreak of the COVID-19 pandemic and the related public health crisis, Regulation (EU) 2020/1693 of the European Parliament and of the Council (3) postponed the date of application of Regulation (EU) 2018/848 of the European Parliament and of the Council (4) by one year together with other related dates referred to in Regulation (EU) 2018/848. Consequently, the entry into application of Commission Implementing Regulation (EU) 2020/464 (5) setting, inter alia, more detailed provisions for the organic production of pullets will also be deferred to 1 January 2022. Therefore, in order to give more time to develop the production of organic pullets for egg production and to ensure continuity of organic egg production until the new dates of entry into application of Regulation (EU) 2018/848 and Implementing Regulation (EU) 2020/464, the period of application of the exceptional production rule allowing the use of non-organically reared pullets for egg production of not more than 18 weeks should be extended until 31 December 2021.

                     (3)

                     Under Article 43 of Regulation (EC) No 889/2008, where farmers are unable to obtain protein feed exclusively from organic production, a maximum of 5 % of non-organic protein feed may be used for porcine and poultry species per period of 12 months for calendar years 2018, 2019 and 2020.

                     (4)

                     Organic protein feed has not been available in sufficient quality and quantity on the Union market to meet the nutritional requirements of pigs and poultry raised on organic farms. The production of organic protein crops for feed is still lagging behind demand. It is therefore appropriate to extend the possibility to use a limited proportion of non-organic protein feed with another calendar year until the new date of entry into application of Regulation (EU) 2018/848, in particular for the purposes of the provisions on nutrition of porcine animals and poultry in points 1.9.3.1.(c) and 1.9.4.2.(c) of Part II of Annex II to that Regulation.

                     (5)

                     In accordance with Article 16(3)(b) of Regulation (EC) No 834/2007, several Member States have submitted dossiers on certain substances to the Commission and the other Member States, with a view to their authorisation and inclusion in Annexes V and VIII to Regulation (EC) No 889/2008. Those dossiers have been examined by the Expert Group for Technical Advice on Organic Production (EGTOP) and the Commission.

                     (6)

                     In its recommendations with regard to feed materials and feed additives (6) EGTOP concluded that ‘monoammonium phosphate (ammonium dihydrogen orthophosphate)’ used as mineral feed complies with the objectives and principles of organic aquaculture. Therefore, that substance should be included in Section 1 of Annex V to Regulation (EC) No 889/2008, but only for aquaculture. For reasons of clarity, the table in that Section should be replaced in its entirety.

                     (7)

                     In its recommendations with regard to food additives and food processing aids (7) EGTOP concluded that ‘sodium alginate’ used as an additive for skin formation of sausages based meat, ‘calcium chloride’ used as a processing aid for skin formation of sausages based on meat, and ‘activated carbon’ used as a processing aid for food products of animal origin comply with the objectives and principles of organic production. Therefore, those substances should be included in Annex VIII to Regulation (EC) No 889/2008.

                     (8)

                     Regulation (EC) No 889/2008 should therefore be amended accordingly.

                     (9)

                     In the interest of clarity and legal certainty, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union and apply from 1 January 2021 until 31 December 2021.

                     (10)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee on Organic Production,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Regulation (EC) No 889/2008 is amended as follows:

                        (1)

                        in Article 42(b), the date ‘31 December 2020’ is replaced by ‘31 December 2021’;

                        (2)

                        in Article 43, the second paragraph is replaced by the following:
                        ‘The maximum percentage of non-organic protein feed authorised per period of 12 months for those species shall be 5 % for calendar years 2018, 2019, 2020 and 2021’;

                        (3)

                        Annexes V and VIII are amended in accordance with the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
            It shall apply from 1 January 2021 until 31 December 2021.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 15 February 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 189, 20.7.2007, p. 1.

            (2)  Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ L 250, 18.9.2008, p. 1).

            (3)  Regulation (EU) 2020/1693 of the European Parliament and of the Council of 11 November 2020 amending Regulation (EU) 2018/848 on organic production and labelling of organic products as regards its date of application and certain other dates referred to in that Regulation (OJ L 381, 13.11.2020, p. 1).

            (4)  Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1.).

            (5)  Commission Implementing Regulation (EU) 2020/464 of 26 March 2020 laying down certain rules for the application of Regulation (EU) 2018/848 of the European Parliament and of the Council as regards the documents needed for the retroactive recognition of periods for the purpose of conversion, the production of organic products and information to be provided by Member States (OJ L 98, 31.3.2020, p. 2).

            (6)  Final report on Food VI and Feed IV:
         https://ec.europa.eu/info/food-farming-fisheries/farming/organic-farming/co-operation-and-expert-advice/egtop-reports_en

            (7)  Final report on Food VI and Feed IV:
         https://ec.europa.eu/info/food-farming-fisheries/farming/organic-farming/co-operation-and-expert-advice/egtop-reports_en

            ANNEX
            Annexes V and VIII to Regulation (EC) No 889/2008 are amended as follows:

                        (1)

                        the table in Section 1 of Annex V is replaced by the following:

                                                ‘Authorisation

                                                Substance

                                                Conditions for use

                                    A

                                    Calcareous marine shells

                                    A

                                    Maerl

                                    A

                                    Lithotamn

                                    A

                                    Calcium gluconate

                                    A

                                    Calcium carbonate

                                    A

                                    Defluorinated monocalciumphosphate

                                    A

                                    Defluorinated dicalciumphosphate

                                    A

                                    Magnesium oxide (anhydrous magnesia)

                                    A

                                    Magnesium sulphate

                                    A

                                    Magnesium chloride

                                    A

                                    Magnesium carbonate

                                    A

                                    Calcium magnesium phosphate

                                    A

                                    Magnesium phosphate

                                    A

                                    Monosodium phosphate

                                    A

                                    Calcium sodium phosphate

                                    A

                                    Monoammonium phosphate (ammonium dihydrogen orthophosphate)

                                    Only for aquaculture’

                                    A

                                    Sodium chloride

                                    A

                                    Sodium bicarbonate

                                    A

                                    Sodium carbonate

                                    A

                                    Sodium sulphate

                                    A

                                    Potassium chloride

                        (2)

                        Annex VIII is amended as follows:

                                    (a)

                                    in the table in Section A, in the entry relating to ‘E 401 sodium alginate’, the following words are added in the last column: ‘and sausages based on meat’;

                                    (b)

                                    the table in Section B is amended as follows:

                                                (i)

                                                in the entry relating to ‘calcium chloride’ an X is inserted in the third column and the following words are added in the last column: ‘With regard to foodstuffs of animal origin: sausages based on meat’;

                                                (ii)

                                                in the entry relating to ‘activated carbon’, an X is inserted in the third column.


title: Commission Implementing Regulation (EU) 2021/238 of 16 February 2021 amending Implementing Regulation (EU) 2020/532 as regards a derogation from Implementing Regulations (EU) No 180/2014 and (EU) No 181/2014 for checks of specific measures for agriculture in the outermost regions of the Union and the smaller Aegean islands

text:
                  17.2.2021

                  EN

                  Official Journal of the European Union

                  L 56/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/238
         of 16 February 2021
         amending Implementing Regulation (EU) 2020/532 as regards a derogation from Implementing Regulations (EU) No 180/2014 and (EU) No 181/2014 for checks of specific measures for agriculture in the outermost regions of the Union and the smaller Aegean islands
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular points (a) and (b) of the first subparagraph of Article 62(2) thereof,
         Having regard to Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (2), and in particular Article 8 and the second subparagraph of Article 18(1) thereof,
         Having regard to Regulation (EU) No 229/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006 (3), and in particular Article 7, Article 11(3) and the second subparagraph of Article 14(1) thereof,
         Whereas:

                     (1)

                     Due to the pandemic of COVID-19 and the extensive movement restrictions put in place in the Member States, exceptional administrative difficulties have been encountered in all Member States with the planning and execution of timely on-the-spot checks to the required number.

                     (2)

                     In view of the unprecedented nature of those circumstances, it was necessary to alleviate those difficulties by derogating from different Implementing Regulations applicable in the area of the common agricultural policy as regards certain administrative and on-the-spot checks.

                     (3)

                     Commission Implementing Regulation (EU) 2020/532 (4) contains derogations from, inter alia, Commission Implementing Regulations (EU) No 809/2014 (5), (EU) No 180/2014 (6) and (EU) No 181/2014 (7).

                     (4)

                     Article 22 of Implementing Regulation (EU) No 180/2014 and Article 20 of Implementing Regulation (EU) No 181/2014 provide that in all appropriate cases, Member States concerned shall make use of the integrated administration and control system when performing checks on specific measures for agriculture in the outermost regions of the Union and the smaller Aegean islands. The derogations specified in Chapter I of Implementing Regulation (EU) 2020/532 in respect of controls performed in the integrated administration and control system for direct payments and cross compliance apply therefore mutatis mutandis for these controls.

                     (5)

                     Certain on-the-spot checks on specific measures for agriculture in the outermost regions of the Union and the smaller Aegean islands are however performed outside of the integrated administration and control system, the derogations provided for in Chapter II of Implementing Regulation (EU) 2020/532 appeared not be sufficient to address the difficulties encountered in performing the on-the-spot-checks accurately and within the time limit, especially taking into account the geographical remoteness of the outermost regions.

                     (6)

                     Therefore it is appropriate to extend the derogations referred to in Chapter II of Implementing Regulation (EU) 2020/532 to the use of alternative evidence and/or adapted timing, provided that these could serve to verify the correct implementation of the measures while maintaining an appropriate level of assurance.

                     (7)

                     As this Regulation provides for an additional derogation from Implementing Regulations (EU) No 180/2014 and (EU) No 181/2014 in respect of claim year 2020 due to the pandemic of COVID-19, it should enter into force on the day of its publication in the Official Journal of the European Union and apply retroactively from the same date as Implementing Regulation (EU) 2020/532.

                     (8)

                     Article 59(5) of Regulation (EU) No 1306/2013 provides that Member States are to ensure a minimum level of on-the-spot checks needed for an effective management of the risks, and are to increase that minimum level where necessary. Considering the nature of these obligations and the proportionality of the control efforts in the circumstances of the pandemic of COVID-19, Member States making use of the derogations provided for in Implementing Regulation (EU) 2020/532 should be allowed not to take into account, in respect of the following claim year, the results of the checks performed. However, the increase in control rates that should have been applied in claim year 2020, should be applied by means of a corresponding increase in claim year 2021.

                     (9)

                     Implementing Regulation (EU) 2020/532 should therefore be amended accordingly.

                     (10)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee for Direct Payments.

               HAS ADOPTED THIS REGULATION:

            Article 1
            Implementing Regulation (EU) 2020/532 is amended as follows:

                        (1)

                        in Article 12, the following paragraphs are added:

                           ‘5.   By way of derogation from Article 16(2) and Article 22 of Implementing Regulation (EU) No 180/2014, where due to the measures put in place to address the pandemic of COVID-19 Member States are not in a position to carry out on-the-spot checks in respect of the specific measures in favour of the outermost regions in accordance with the rules set out in those Articles, Member States may decide:

                                       (a)

                                       to substitute on-the-spot checks by the use of new technologies, including geotagged photos, dated photographs, dated drone surveillance reports, videoconferences with the beneficiaries or any relevant documentary evidence that could serve as support when verifying the correct implementation of the measures;

                                       (b)

                                       to carry those checks in respect of claim year 2020 at any time of the year, in so far that they still allow the checking of the eligibility conditions, including after the final payment is effected.

                                 Member States making use of the derogations provided for in the first subparagraph, and in particular changing the timing of checks or reducing their number shall set procedures to use alternative methodology in order to maintain the appropriate level of assurance on the legality and regularity of expenditure and compliance with the requirements and standards of cross-compliance.

                           6.   The results of the checks carried out in accordance with paragraphs 2 and 4 of this Article shall not be taken into account in respect of the following claim year for the purposes of Article 59(5) of Regulation (EU) No 1306/2013. However, the increase in control rates that should have been applied in claim year 2020 in accordance with Article 59(5) of that Regulation, shall be applied by means of a corresponding increase in claim year 2021.’;

                        (2)

                        in Article 13, the following paragraphs are added:

                           ‘5.   By way of derogation from Article 13(2) and Article 20 of Implementing Regulation (EU) No 181/2014, where due to the measures put in place to address the pandemic of COVID-19 Greece is not in a position to carry out on-the-spot checks in respect of the specific measures in favour of the smaller Aegean islands in accordance with the rules set out in those Articles, Greece may decide:

                                       (a)

                                       to substitute on-the-spot checks by the use of new technologies, including geotagged photos, dated photographs, dated drone surveillance reports, videoconferences with the beneficiaries or any relevant documentary evidence that could serve as support when verifying the correct implementation of the measures;

                                       (b)

                                       to carry those checks in respect of claim year 2020 at any time of the year, in so far that they still allow the checking of the eligibility conditions, including after the final payment is effected.

                                 If making use of the derogations provided for in the first subparagraph, and in particular changing the timing of checks or reducing their number, Greece shall set procedures to use alternative methodology in order to maintain the appropriate level of assurance on the legality and regularity of expenditure and compliance with the requirements and standards of cross-compliance.

                           6.   The results of the checks carried out in accordance with paragraphs 2 and 4 of this Article shall not be taken into account in respect of the following claim year for the purposes of Article 59(5) of Regulation (EU) No 1306/2013. However, the increase in control rates that should have been applied in claim year 2020 in accordance with that provision, shall be applied by means of a corresponding increase in claim year 2021.’.

            Article 2
            This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
            It shall apply from 20 April 2020.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 16 February 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  OJ L 78, 20.3.2013, p. 23.

            (3)  OJ L 78, 20.3.2013, p. 41.

            (4)  Commission Implementing Regulation (EU) 2020/532 of 16 April 2020 derogating in respect of the year 2020 from Implementing Regulations (EU) No 809/2014, (EU) No 180/2014, (EU) No 181/2014, (EU) 2017/892, (EU) 2016/1150, (EU) 2018/274, (EU) 2017/39, (EU) 2015/1368 and (EU) 2016/1240 as regards certain administrative and on-the-spot checks applicable within the common agricultural policy (OJ L 119, 17.4.2020, p. 3).

            (5)  Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, p. 69).

            (6)  Commission Implementing Regulation (EU) No 180/2014 of 20 February 2014 laying down rules for the application of Regulation (EU) No 228/2013 of the European Parliament and of the Council laying down specific measures for agriculture in the outermost regions of the Union (OJ L 63, 4.3.2014, p. 13).

            (7)  Commission Implementing Regulation (EU) No 181/2014 of 20 February 2014 laying down rules for the application of Regulation (EU) No 229/2013 of the European Parliament and of the Council laying down specific measures for agriculture in favour of the smaller Aegean islands (OJ L 63, 4.3.2014, p. 53).