title: Commission Implementing Regulation (EU) 2020/572 of 24 April 2020 on the reporting structure to be followed for railway accident and incident investigation reports (Text with EEA relevance)

text:
                  27.4.2020

                  EN

                  Official Journal of the European Union

                  L 132/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/572
         of 24 April 2020
         on the reporting structure to be followed for railway accident and incident investigation reports
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (1), and in particular Article 24(2) thereof,
         Whereas:

                     (1)

                     Directive (EU) 2016/798 provides a framework to ensure that the results of accident and incident investigations are disseminated by the national investigating bodies (NIBs) in charge of reporting on rail accident and incident investigation across the Union, in accordance with its Article 22.

                     (2)

                     The reports on investigations and any findings and subsequent recommendations provide crucial information for the future improvement of rail safety in the Single European Rail Area. In accordance with Article 26 of the Directive (EU) 2016/798, safety recommendations have to be acted upon by the addressees and actions reported back to the investigating body.

                     (3)

                     A common structure of the investigation report should facilitate sharing the reports. To this end a public database managed under the responsibility of the European Union Agency for Railways was established in accordance with Article 37(3)(e) of Regulation (EU) 2016/796 of the European Parliament and of the Council (2), and is accessible through the Agency.

                     (4)

                     To facilitate the access to useful information and its application to other European stakeholders, some parts of the report are requested in two European languages.

                     (5)

                     The structure should protect the NIB from external interferences, guarantee that the investigation has been carried in an independent manner in accordance with Article 21(4) of the Directive (EU) 2016/798.

                     (6)

                     Safety accident and incident investigation reports should ensure that lessons are learned from past accidents and incidents. They should facilitate the identification of safety hazards and elimination of similar safety risk in the future and allow actors in the rail sector to review their assessment of the risks related to their operations and update their safety management systems where necessary, including where applicable to adopt corrective measures, pursuant to point 7.1.3 of Annex I and point 7.1.3 of Annex II to Commission Delegated Regulation (EU) 2018/762 (3). For this purpose the information contained in such reports should be structured to be easily accessible.

                     (7)

                     The European Union Agency for Railways (the ‘Agency’), which collects the reports, should maintain the appropriate informatics tool providing an easy retrieval, tailored on the specific needs of the user (e.g. using keywords).

                     (8)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 28(1) of Directive (EU) 2016/798,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Subject matter and scope
            This Regulation lays down a common reporting structure for the accident and incident investigations referred to in Article 20(1) and (2) of Directive (EU) 2016/798.

            Article 2
            Definitions
            For the purpose of this Regulation the following definitions apply:

                        (1)

                        ‘causal factor’ means any action, omission, event or condition, or a combination thereof that if corrected, eliminated, or avoided would have prevented the occurrence, in all likelihood;

                        (2)

                        ‘contributing factor’ means any action, omission, event or condition that affects an occurrence by increasing its likelihood, accelerating the effect in time or increasing the severity of the consequences, but the elimination of which would not have prevented the occurrence;

                        (3)

                        ‘systemic factor’ means any causal or contributing factor of an organisational, managerial, societal or regulatory nature that is likely to affect similar and related occurrences in the future, including, in particular the regulatory framework conditions, the design and application of the safety management system, skills of the staff, procedures and maintenance.

            Article 3
            Reporting structure
            Without prejudice to the provisions of Articles 20, 24(1) and (2) of Directive (EU) 2016/798, the investigation reports shall be issued following the structure, as closely as possible, as set out in Annex I.
            Points 1, 5 and 6 of the Annex I shall be written in a second official European language. This translation should be available no later than 3 months after the delivery of the report.
            The reports shall be made available to the Agency in a digital format allowing access to it, its digital indexation and analysis.

            Article 4
            Transition
            With regard to accidents and incidents for which a decision to launch the investigations has already been taken in accordance with Article 22(3) of Directive (EU) 2016/798 at the time of entry into force of this Regulation, the investigation body may decide whether to follow the reporting structure as set out in Annex I, or to follow that of Annex V to Directive 2004/49/EC of the European Parliament and of the Council (4).

            Article 5
            Entry into force and application
            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 April 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 138, 26.5.2016, p. 102.

            (2)  Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138, 26.5.2016, p. 1).

            (3)  Commission Delegated Regulation (EU) 2018/762 of 8 March 2018 establishing common safety methods on safety management system requirements pursuant to directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 1158/2010 and (EU) No 1169/2010 (OJ L 129, 25.5.2018, p. 26).

            (4)  Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (OJ L 164, 30.4.2004, p. 44).

            ANNEX
            The structure to follow on the reporting
            According to Article 24(1) of Directive (EU) 2016/798, accident and incident reports shall follow as closely as possible the structure here established, adapted to the type and seriousness of the accident or incident. This includes input, in principle, to all titles 1 to 6 including their subtitles in letters, where relevant. Where no relevant information is available or not required due to the circumstances of the occurrence, the statement ‘not applicable’ shall be introduced for the corresponding titles or subtitles, identifying them as not being considered relevant in the context of this investigation. The statement can be done in an aggregated manner either at the beginning or at the end of the relevant title or subtitle.
            1.   Summary

            The summary is an integral part of to the report and shall be self-explanatory so that it can be read without further context.
            It shall provide an outline of the basic facts of the occurrence: a short description of the accident or incident; when, where and how it happened; and a conclusion on its causes and consequences. The summary shall refer to all factors (causal, contributing and/or systemic) identified by the investigation. Where applicable, the summary shall list the safety recommendations and their addressees.
            2.   The investigation and its context

            This part of the report shall give the objectives and the context of the investigation. It shall make reference to any factors such as delays that might have detrimental impact or otherwise influence the investigation or its conclusions.

                        1.

                        The decision to establish an investigation:

                        2.

                        The motivation to the decision to establish an investigation, e.g. by reference to Art. 20.1 (serious accident) or Art. 20 (2) a) – d):

                        3.

                        The scope and limits of the investigation including a justification thereof, as well as an explanation of any delay that are considered a risk or other impact to the conduct of the investigation or its conclusions:

                           Information on scope and limits may further be detailed under point 4.

                        4.

                        An aggregated description of the technical capabilities and the functions in the team of investigators. This includes those belonging to other investigation bodies or external parties involved, as well as evidence for their independence from parties involved in the occurrence:

                           If anonymity is granted to persons or entities please clarify.

                        5.

                        A description of the communication and consultation process established with persons or entities involved in the occurrence during the investigation and in relation to the information provided:

                           If anonymity is granted to persons or entities please clarify.

                        6.

                        A description of the level of cooperation offered by the entities involved:

                           If anonymity is granted to persons or entities please clarify.

                        7.

                        A description of the investigation methods and techniques as well as analysis methods applied to establish the facts and findings referred to in the report. The facts shall at least establish:

                                    —

                                    events and conditions that led to the occurrence;

                                    —

                                    any precursors that led to the above;

                                    —

                                    instructions, mandatory procedures, feedback mechanisms and/or control mechanisms that led to the occurrence or otherwise played a role regarding it.

                           e.g. interviews, access to documentation and recordings on the operating system,

                        8.

                        A description of the difficulties and specific challenges encountered during the investigation.

                        9.

                        Any interaction with the judicial authorities, where appropriate

                        10.

                        Where appropriate, any other information relevant in the context of the investigation.

                  3.   Description of the occurrence

            This part of the report shall contain a detailed description of the occurrence mechanism, based on the information collected during the investigation carried out.
            (a)   The occurrence and background information:

                        1.

                        The description of the occurrence type:

                        2.

                        The date, exact time and location of the occurrence:

                        3.

                        The description of the occurrence site, including weather and geographical conditions at the moment of the occurrence and if any works were carried out at or in the vicinity of the site:

                        4.

                        Deaths, injuries and material damage:

                                    —

                                    passengers, employees or contractors, level crossing users, trespassers, other persons at a platform, other persons not at a platform,

                                    —

                                    cargo, luggage and other property,

                                    —

                                    rolling stock, infrastructure and the environment.

                           If anonymity is granted to persons or entities please clarify.

                        5.

                        The description of other consequences, including the impact of the occurrence in the regular operations of the actors involved:

                        6.

                        The identification of the persons, their functions, and entities involved, including possible interfaces to contractors and/or other relevant parties:

                           If anonymity is granted to persons or entities please clarify.

                        7.

                        The description and identifiers of train(s) and their composition including the rolling stock involved and their registration numbers:

                        8.

                        A description of the relevant parts of the infrastructure and signalling system – track type, switch, interlocking, signal, train protection systems:

                        9.

                        Where appropriate, and any other information relevant for the purpose of the description of the occurrence and background information:

                  (b)   The factual description of the events:

                        1.

                        The proximate chain of events leading up to the occurrence, including:

                                    —

                                    actions taken by persons involved,

                                    —

                                    the functioning of rolling stock and technical installations,

                                    —

                                    the functioning of the operating system:

                           e.g. starting point of a train ride, beginning of the shift of an involved staff member

                           e.g. measures taken by staff for traffic control and signalling, exchange of verbal messages and written orders in connection with the occurrence

                           e.g. signalling and control command system, infrastructure, communications equipment, rolling stock, maintenance, etc.

                        2.

                        The chain of events from the occurrence until the end of the actions of the rescue services, including:

                                    —

                                    measures taken to protect and safeguard the site of the occurrence,

                                    —

                                    the efforts of the rescue and emergency services.

                           e.g. trigger of the railway emergency plan, trigger of the emergency plan of the public rescue services, the police and the medical services and its chain of events

                  4.   Analysis of the occurrence, where necessary in respect of individual contributing factors

            This part of the report shall analyse the established facts and findings (i.e. performance of operators, rolling stock and/or technical installations) which caused the occurrence. The analysis shall lead to the identification of the safety critical factors that caused or otherwise contributed to the occurrence, including facts identified as precursors. An accident or incident may be caused by causal, systemic and contributing factors which are equally important and should be considered during an investigation.
            The analysis may be extended to conditions, feedback mechanisms and/or control mechanisms throughout the entire railway system that were identified as actively influencing the development of similar occurrences. This could comprise the functioning of safety management systems of involved parties and regulatory activities covering certification and supervision.
            The following items shall be covered for each of the identified events or factors (causal or contributing) that appear safety critical, in line with the flexibility offered by the structure (see above).
            (a)   Roles and duties

            Without prejudice to Article 20(4) of Directive (EU) 2016/798 this part of the report shall lead to the identification and analysis of roles and duties of individual persons and entities, including if necessary relevant staff and their defined tasks and functions, identified as having been involved in the occurrence in a safety critical manner, or any activity leading to it.

                        1.

                        Railway undertaking(s) and/or infrastructure manager(s):

                           If anonymity is granted to persons or entities please clarify.

                        2.

                        The entity/entities in charge of maintenance, the maintenance workshops, and/or any other maintenance suppliers:

                           If anonymity is granted to persons or entities please clarify.

                        3.

                        Manufacturers of rolling stock or other supplier of rail products:

                           If anonymity is granted to persons or entities please clarify.

                        4.

                        National safety authorities and/or the European Union Agency for Railways:

                           If anonymity is granted to persons or entities please clarify.

                        5.

                        Notified bodies, designated bodies and/or risk assessment bodies:

                           If anonymity is granted to persons or entities please clarify

                        6.

                        Certification bodies of entities in charge of maintenance mentioned under 2:

                           If anonymity is granted to persons or entities please clarify.

                        7.

                        Any other person or entity relevant to the occurrence, documented or not in one of the relevant safety management systems or referred to in a register or relevant legal framework:

                           If anonymity is granted to persons or entities please clarify

                           e.g. keepers of vehicles, terminal providers, loaders or fillers

                  (b)   Rolling stock and technical installations

            Causal factors to or the consequences of an occurrence that were identified as relating to the condition of rolling stock or technical installations, including possible contributing factors related to activities and decisions, such as:

                        1.

                        Stemming from the design of the rolling stock, railway infrastructure or technical installations:

                        2.

                        Stemming from the installation and taking into service of the of rolling stock, railway infrastructure or technical installation:

                        3.

                        Laying with the manufacturers or other supplier of rail products:

                        4.

                        Stemming from the maintenance and/or the modification of the rolling stock or technical installations:

                        5.

                        Laying with the entity in charge of maintenance, the maintenance workshops and other maintenance suppliers:

                        6.

                        And any other factors or consequences considered relevant for the purpose of the investigation:

                  (c)   Human factors

            Where causal or contributing factors or the consequences of an occurrence were related to human actions, attention shall be paid to the particular circumstances and the manner in which routine activities are performed by staff during normal operations and the human and organisational factors that may influence actions and/or decisions, including:

                        1.

                        Human and individual characteristics:

                                    (a)

                                    training and development, including skills and experience,

                                    (b)

                                    medical and personal circumstances with influence on the occurrence, including existence of physical or psychological stress,

                                    (c)

                                    fatigue,

                                    (d)

                                    motivation and attitude.

                        2.

                        Job factors

                                    (a)

                                    task design,

                                    (b)

                                    design of equipment with impact on the man-machine interface,

                                    (c)

                                    the means of communication,

                                    (d)

                                    practices and processes,

                                    (e)

                                    operating rules, local instructions, staff requirements, maintenance prescriptions and applicable standards,

                                    (f)

                                    working time of the staff involved,

                                    (g)

                                    risk handling practices

                                    (h)

                                    context, machinery, equipment and instructions shaping work practices.

                        3.

                        Organisational factors and assignments:

                                    (a)

                                    workforce planning and workload,

                                    (b)

                                    communications, information and team working,

                                    (c)

                                    recruitment and selection, resources,

                                    (d)

                                    performance management and supervision,

                                    (e)

                                    compensation (remuneration),

                                    (f)

                                    leadership, power issues,

                                    (g)

                                    organisational culture,

                                    (h)

                                    legal issues (incl. relevant EU and national rules and regulations),

                                    (i)

                                    the regulatory framework conditions and the application of the safety management system.

                        4.

                        Environmental factors:

                                    (a)

                                    working conditions (noise, lighting, vibrations, …),

                                    (b)

                                    weather and geographical conditions,

                                    (c)

                                    works carried out at or in the vicinity of the site.

                        5.

                        And any other factor relevant for the purpose of the investigation in the above points (1),(2),(3),(4):

                  (d)   Feedback and control mechanisms, including risk and safety management as well as monitoring processes

                        1.

                        The relevant regulatory framework conditions:

                        2.

                        The processes, the methods, the content and the results of risk assessment and monitoring activities, performed by any of the involved actors: railway undertakings, infrastructure managers, entities in charge of maintenance, maintenance workshops, other maintenance providers, manufacturers and any other actors, and the independent assessment reports referred in Article 6 of Implementing Regulation (EU) No 402/2013 (1):

                        3.

                        The safety management system of the involved railway undertaking(s) and infrastructure manager(s) including the basic elements stated in Article 9(3) of Directive (EU) 2016/798 and any EU legal implementing acts:

                        4.

                        The management system of the entity/entities in charge of maintenance and maintenance workshops including the functions stated in the Article 14(3) and Annex III of Directive (EU) 2016/798 and any subsequent implementing acts:

                        5.

                        The results of supervision performed by the national safety authorities in accordance with Article 17 of Directive (EU) 2016/798:

                        6.

                        The authorisations, certificates and assessment reports granted by the Agency, the National Safety Authorities or other conformity assessment bodies:

                                    —

                                    Safety authorisation/safety certificates of the involved infrastructure manager(s) and railway undertaking(s),

                                    —

                                    Authorisations for the placing in service of fixed installations and vehicles authorisations for placing on the market,

                                    —

                                    Entity in charge of maintenance and maintenance workshops (incl. certification).

                        7.

                        Other systemic factors:

                  (e)   Previous occurrences of a similar character, if available.

            5.   Conclusions

            The conclusions shall contain:

                        (a)

                           A summary of the analysis and conclusions with regard to the causes of the occurrence

                        The conclusions shall summarise the identification of the causal and contributing factors to the occurrence, including both immediate and deeper systemic factors, as well as missing or inadequate safety measures for which compensatory measures are recommended. Moreover, it shall refer to the capability of the involved organisations to address this via their safety management systems, in order to prevent future accidents and incidents.

                        (b)

                           Measures taken since the occurrence

                        (c)

                           Additional observations:

                        Safety issues identified during the investigation, but without relevance to the conclusions on causes and consequences of an occurrence.

                  6.   Safety recommendations

            Where appropriate this part of the report shall set out safety recommendations for the sole aim to prevent similar occurrences in the future.
            The absence of recommendations shall be explained.
            Safety recommendations shall be based on established facts and additional observations thereof, as well as their analysis leading to conclusions on safety relevant causes and consequences of an occurrence.
            Safety recommendations may also be issued in relation to additional observations in no causal or contributing context to the occurrence.

               (1)  Implementing Regulation (EU) No 402/2013 of 30 April 2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009 (OJ L 121, 3.5.2013, p. 8).


title: Commission Implementing Regulation (EU) 2020/573 of 24 April 2020 fixing the import duties in the cereals sector applicable from 27 April 2020

text:
                  27.4.2020

                  EN

                  Official Journal of the European Union

                  L 132/19

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/573
         of 24 April 2020
         fixing the import duties in the cereals sector applicable from 27 April 2020
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 183 thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

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

                     (5)

                     Import duties should be fixed for the period from 27 April 2020 and should apply until a new import duty is fixed and enters into force.

                     (6)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            From 27 April 2020, the import duties in the cereals sector referred to in Article 1(1) of Regulation (EU) No 642/2010 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II to this Regulation.

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

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

                  For the Commission,

                  On behalf of the President,

               Wolfgang BURTSCHER

                  Director-General

                  Directorate-General for Agriculture and Rural Development

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

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

            ANNEX I
            Import duties on the products referred to in Article 1(1) of Regulation (EU) No 642/2010 applicable from 27 April 2020

                        CN code

                        Description of goods

                        Import duties (1)
                            (2)

                        (EUR/tonne)

                        1001 11 00

                        Durum wheat seed

                        0,00

                        1001 19 00

                        High-quality durum wheat, other than seed

                        0,00

                        Medium-quality, other than seed

                        0,00

                        Low-quality, other than seed

                        0,00

                        Ex10019120

                        Common wheat seed

                        0,00

                        Ex10019900

                        High-quality common wheat, other than seed

                        0,00

                        1002 10 00

                        Rye seed

                        5,27

                        1002 90 00

                        Rye, other than seed

                        5,27

                        1005 10 90

                        Maize seed, other than hybrid

                        5,27

                        1005 90 00

                        Maize, other than seed (3)

                        5,27

                        1007 10 90

                        Grain sorghum, other than hybrids for sowing

                        5,27

                        1007 90 00

                        Grain sorghum, other than seed

                        5,27

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

                        —

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

                        —

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

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

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

            ANNEX II
            Factors for calculating the duties laid down in Annex I

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

                           (EUR/tonne)

                           Common wheat  (1)

                           Maize

                           Exchange

                           Minneapolis

                           Chicago

                           Quotation

                           187,231

                           116,272

                           Gulf of Mexico premium

                           -

                           23,784

                           Great Lakes premium

                           40,454

                           -

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

                           Freight costs: Gulf of Mexico-Rotterdam:

                           11,705

                           Freight costs: Great Lakes-Rotterdam:

                           38,841

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


title: Commission Implementing Regulation (EU) 2020/615 of 4 May 2020 fixing the import duties in the cereals sector applicable from 5 May 2020

text:
                  5.5.2020

                  EN

                  Official Journal of the European Union

                  LI 141/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/615
         of 4 May 2020
         fixing the import duties in the cereals sector applicable from 5 May 2020
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 183 thereof,
         Whereas:

                     (1)

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

                     (2)

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

                     (3)

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

                     (4)

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

                     (5)

                     Import duties should be fixed for the period from 5 May 2020 and should apply until a new import duty is fixed and enters into force.

                     (6)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            From 5 May 2020, the import duties in the cereals sector referred to in Article 1(1) of Regulation (EU) No 642/2010 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 4 May 2020.

                  For the Commission

                  On behalf of the President,

               Wolfgang BURTSCHER

                  Director-General

                  Directorate-General for Agriculture and Rural Development

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

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

            ANNEX I

               Import duties on the products referred to in Article 1(1) of Regulation (EU) No 642/2010 applicable from 5 May 2020

                        CN code

                        Description of goods

                        Import duties (1)
                            (2)

                        (EUR/tonne)

                        1001 11 00

                        Durum wheat seed

                        0,00

                        1001 19 00

                        High-quality durum wheat, other than seed

                        0.00

                        Medium-quality, other than seed

                        0,00

                        Low-quality, other than seed

                        0,00

                        ex 1001 91 20

                        Common wheat seed

                        0,00

                        ex 1001 99 00

                        High-quality common wheat, other than seed

                        0,00

                        1002 10 00

                        Rye seed

                        10,40

                        1002 90 00

                        Rye, other than seed

                        10,40

                        1005 10 90

                        Maize seed, other than hybrid

                        10,40

                        1005 90 00

                        Maize, other than seed (3)

                        10,40

                        1007 10 90

                        Grain sorghum, other than hybrids for sowing

                        10,40

                        1007 90 00

                        Grain sorghum, other than seed

                        10,40

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

                        —

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

                        —

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

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

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

            ANNEX II

               Factors for calculating the duties laid down in Annex I

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

                           (EUR/tonne)

                           Common wheat  (1)

                           Maize

                           Exchange

                           Minneapolis

                           Chicago

                           Quotation

                           184,185

                           113,614

                           Gulf of Mexico premium

                           -

                           21,584

                           Great Lakes premium

                           41,446

                           -

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

                           Freight costs: Gulf of Mexico-Rotterdam:

                           11,434

                           Freight costs: Great Lakes-Rotterdam:

                           37,737

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


title: Commission Implementing Regulation (EU) 2020/869 of 24 June 2020 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, dimethomorph, ethephon, etoxazole, famoxadone, fenamiphos, flumioxazine, fluoxastrobin, folpet, formetanate, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, propamocarb, prothioconazole and S-metolachlor (Text with EEA relevance)

text:
                  25.6.2020

                  EN

                  Official Journal of the European Union

                  L 201/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/869
         of 24 June 2020
         amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, dimethomorph, ethephon, etoxazole, famoxadone, fenamiphos, flumioxazine, fluoxastrobin, folpet, formetanate, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, propamocarb, prothioconazole and S-metolachlor
         (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 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular the first paragraph of Article 17 thereof,
         Whereas:

                     (1)

                     Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (2) sets out the active substances deemed to have been approved under Regulation (EC) No 1107/2009.

                     (2)

                     Commission Implementing Regulation (EU) 2019/707 (3) extended the approval periods of the active substances famoxadone and flumioxazine until 30 June 2020 and the approval periods of the active substances beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, dimethomorph, ethephon, etoxazole, fenamiphos, fluoxastrobin, folpet, formetanate, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, propamocarb, prothioconazole and S‐metolachlor until 31 July 2020.

                     (3)

                     Applications for the renewal of the approval of those substances were submitted in accordance with Commission Implementing Regulation (EU) No 844/2012 (4).

                     (4)

                     Due to the fact that the assessment of all those substances has been delayed for reasons beyond the control of the applicants, the approvals of those active substances are likely to expire before a decision has been taken on their renewal. It is therefore necessary to extend their approval periods.

                     (5)

                     Furthermore, an extension of the approval period is required for the active substances boscalid, captan, dimethomorph, ethephon, folpet, formetanate, milbemectin, phenmedipham, phosmet, pirimiphos-methyl and propamocarb to allow the time necessary to carry out an assessment relating to endocrine disrupting properties in accordance with the procedure set out in Articles 13 and 14 of Implementing Regulation (EU) No 844/2012.

                     (6)

                     As regards cases where a Regulation is to be adopted providing that the approval of an active substance referred to in the Annex to this Regulation is not renewed because the approval criteria are not satisfied, the expiry date should be set at the same date as before this Regulation was adopted or at the date of the entry into force of the Regulation providing that the approval of the active substance is not renewed, whichever date is later. Where a Regulation is adopted providing for the renewal of an active substance referred to in the Annex to this Regulation, it is appropriate to set, as possible under the circumstances, the earliest possible application date.

                     (7)

                     Taking into account that some of the approvals of the active substances expire on 30 June 2020, this Regulation should enter into force as soon as possible.

                     (8)

                     Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

                     (9)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.

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

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

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 309, 24.11.2009, p. 1.

            (2)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

            (3)  Commission Implementing Regulation (EU) 2019/707 of 7 May 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances alpha-cypermethrin, beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, desmedipham, dimethoate, dimethomorph, diuron, ethephon, etoxazole, famoxadone, fenamiphos, flumioxazine, fluoxastrobin, folpet, foramsulfuron, formetanate, metalaxyl-m, methiocarb, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos‐methyl, propamocarb, prothioconazole, s-metolachlor and tebuconazole (OJ L 120, 8.5.2019, p. 16).

            (4)  Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).

            ANNEX
            Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

                        (1)

                        in the sixth column, expiration of approval, of row 35, Famoxadone, the date is replaced by ‘30 June 2021’;

                        (2)

                        in the sixth column, expiration of approval, of row 39, Flumioxazine, the date is replaced by ‘30 June 2021’;

                        (3)

                        in the sixth column, expiration of approval, of row 46, Cyazofamid, the date is replaced by ‘31 July 2021’;

                        (4)

                        in the sixth column, expiration of approval, of row 84, Benalaxyl, the date is replaced by ‘31 July 2021’;

                        (5)

                        in the sixth column, expiration of approval, of row 85, Bromoxynil, the date is replaced by ‘31 July 2021’;

                        (6)

                        in the sixth column, expiration of approval, of row 88, Phenmedipham, the date is replaced by ‘31 July 2021’;

                        (7)

                        in the sixth column, expiration of approval, of row 97, S-metolachlor, the date is replaced by ‘31 July 2021’;

                        (8)

                        in the sixth column, expiration of approval, of row 99, Etoxazole, the date is replaced by ‘31 July 2021’;

                        (9)

                        in the sixth column, expiration of approval, of row 109, Bifenazate, the date is replaced by ‘31 July 2021’;

                        (10)

                        in the sixth column, expiration of approval, of row 110, Milbemectin, the date is replaced by ‘31 July 2021’;

                        (11)

                        in the sixth column, expiration of approval, of row 141, Fenamiphos, the date is replaced by ‘31 July 2021’;

                        (12)

                        in the sixth column, expiration of approval, of row 142, Ethephon, the date is replaced by ‘31 July 2021’;

                        (13)

                        in the sixth column, expiration of approval, of row 145, Captan, the date is replaced by ‘31 July 2021’;

                        (14)

                        in the sixth column, expiration of approval, of row 146, Folpet, the date is replaced by ‘31 July 2021’;

                        (15)

                        in the sixth column, expiration of approval, of row 147, Formetanate, the date is replaced by ‘31 July 2021’;

                        (16)

                        in the sixth column, expiration of approval, of row 150, Dimethomorph, the date is replaced by ‘31 July 2021’;

                        (17)

                        in the sixth column, expiration of approval, of row 152, Metribuzin, the date is replaced by ‘31 July 2021’;

                        (18)

                        in the sixth column, expiration of approval, of row 153, Phosmet, the date is replaced by ‘31 July 2021’;

                        (19)

                        in the sixth column, expiration of approval, of row 154, Propamocarb, the date is replaced by ‘31 July 2021’;

                        (20)

                        in the sixth column, expiration of approval, of row 156, Pirimiphos-methyl, the date is replaced by ‘31 July 2021’;

                        (21)

                        in the sixth column, expiration of approval, of row 158, Beflubutamid, the date is replaced by ‘31 July 2021’;

                        (22)

                        in the sixth column, expiration of approval, of row 163, Benthiavalicarb, the date is replaced by ‘31 July 2021’;

                        (23)

                        in the sixth column, expiration of approval, of row 164, Boscalid, the date is replaced by ‘31 July 2021’;

                        (24)

                        in the sixth column, expiration of approval, of row 166, Fluoxastrobin, the date is replaced by ‘31 July 2021’;

                        (25)

                        in the sixth column, expiration of approval, of row 167, Paecilomyces lilacinus strain 251, the date is replaced by ‘31 July 2021’;

                        (26)

                        in the sixth column, expiration of approval, of row 168, Prothioconazole, the date is replaced by ‘31 July 2021’.


title: Commission Implementing Regulation (EU) 2020/885 of 26 June 2020 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto

text:
                  29.6.2020

                  EN

                  Official Journal of the European Union

                  L 205/9

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/885
         of 26 June 2020
         as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/2031 (1) of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC, and in particular Article 30(1) thereof,
         Whereas:

                     (1)

                     In 2011, Italy informed the Commission that a new aggressive strain of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto (‘the specified pest’), the causal agent of kiwi canker, was present in its territory and that it had adopted official measures to prevent the further introduction and spread within its territory of the specified pest. The available information also showed that this aggressive strain of the specified pest was present in a third country that exports the propagating material of kiwi plants, including pollen, to the Union. That information remains relevant today to the Union territory.

                     (2)

                     For this reason, the Commission adopted Implementing Decision 2012/756/EU (2).

                     (3)

                     Implementing Decision 2012/756/EU was replaced by Implementing Decision (EU) 2017/198 (3), which expired on 31 March 2020.

                     (4)

                     The specified pest is not listed as a Union quarantine pest in Annex II, protected zone quarantine pest in Annex III or regulated non-quarantine pest in Annex IV to Commission Implementing Regulation (EU) 2019/2072 (4).

                     (5)

                     The reasons for the adoption of Implementing Decision (EU) 2017/198, including the respective preliminary pest risk analysis of the Commission, remain valid. Due to the ongoing phytosanitary risk posed by the specified pest, measures should be adopted concerning the introduction into the Union of live pollen and plants intended for planting, other than seeds, of Actinidia Lindl. (‘the specified plants’) from third countries. Measures should also be provided for the movement within the Union of those plants that originate in the Union. Those measures should be the same as the measures set out in Implementing Decision (EU) 2017/198, as they have proven effective to protect the Union territory from the specified pest.

                     (6)

                     In order to ensure an increased level of protection of the Union territory from the specified pest, specified plants introduced into the Union should be rigorously inspected and, where appropriate, tested for the presence of the specified pest at the border control post or at destination control point established in accordance with Commission Delegated Regulation (EU) 2019/2123 (5).

                     (7)

                     Implementing Decision (EU) 2017/198 should be repealed and replaced by this Regulation. This is necessary in order to take into account the provisions of Regulation (EU) 2016/2031 and Implementing Regulation (EU) 2019/2072, which apply since 14 December 2019.

                     (8)

                     This Regulation should apply as soon as possible in order to replace Implementing Decision (EU) 2017/198, which expired on 31 March 2020. It should enter into force on the third day following that of its publication in the Official Journal of the European Union.

                     (9)

                     Member States should, where applicable, adapt their legislation in order to comply with this Regulation.

                     (10)

                     This Regulation should apply until 31 December 2021 to allow time to monitor the evolution of the situation and determine the phytosanitary status of the specified pest in respect of the Union territory.

                     (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
            Subject matter
            This Regulation establishes measures to prevent the entry into, and the spread within, the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto (‘the specified pest’).

            Article 2
            Prohibition of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto
            The specified pest shall not be introduced into, moved within, or held, multiplied or released in, the Union territory.

            Article 3
            Introduction of live pollen and plants intended for planting, other than seeds, of Actinidia Lindl. into the Union
            Live pollen and plants intended for planting, other than seeds, of Actinidia Lindl (‘the specified plants’) originating in third countries may only be introduced into the Union if they comply with the specific requirements for introduction, as set out in Articles 4, 5 and 6.

            Article 4
            Phytosanitary certificate
            Specified plants originating in third countries shall be accompanied by a phytosanitary certificate, which includes under the heading ‘Additional declaration’ the information that one of the following conditions is fulfilled:

                        (a)

                        The specified plants have been grown throughout their life in a country where the specified pest is known not to occur.

                        (b)

                        The specified plants have been grown throughout their life in a pest-free area, established as regards the specified pest by the National Plant Protection Organisation (NPPO) of the country of origin in accordance with the Food and Agriculture Organisation of the United Nations’ (FAO) International Standard for Phytosanitary Measures (ISPM) No 4 (6). The name of the pest-free area shall be included in the certificate under the heading ‘Place of Origin’.

                        (c)

                        The specified plants have been produced in a pest-free place or a pest-free site of production, established as regards the specified pest by the NPPO of the country of origin in accordance with the FAO’s ISPM No 10 (7). The specified plants have been grown in a structure with a degree of isolation and protection from the outside environment that effectively excludes the specified pest. At that place or site the specified plants have been officially inspected twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the export and found free from the specified pest.
                        That place or site of production is surrounded by a zone with a radius of at least 100 metres, where official inspections were carried out twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the export and any specified plants showing symptoms of infection which were found during those inspections were immediately destroyed.

                        (d)

                        The specified plants have been produced in a pest-free place of production established as regards the specified pest by the NPPO of the country of origin in accordance with the FAO’s ISPM No 10. At that place the specified plants have been officially inspected, sampled and tested twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the export and found free from the specified pest.
                        That place of production is surrounded by a zone with a radius of 4 500 metres (‘the surrounding zone’), where one of the following conditions has been fulfilled:

                                    (i)

                                    official inspections, sampling and testing have been carried out twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the export. The specified pest has not been found during the official inspection, sampling and testing;

                                    (ii)

                                    all specified plants within a radius of 500 m from that place of production have been immediately destroyed;

                                    (iii)

                                    each specified plant within a radius of 500 m from that place of production has been regularly tested at the most appropriate times for detecting symptoms of infection and found free from the specified pest.

                              In the case of points (ii) and (iii), all specified plants within that zone at a distance of 500 m to 4 500 m from the place of production have been destroyed or tested according to a sampling scheme able to confirm with 99 % reliability that the level of presence of the specified pest in the specified plants is below 0,1 %.

            Article 5
            Additional information to be included in the phytosanitary certificate
            Where the information set out in points (c) or (d) of Article 4 is given, the certificate shall, in addition, include the information that one of the following conditions is satisfied:

                        (a)

                        the specified plants have been directly derived from mother plants grown under the conditions set out in points (a), (b) or (c) of Article 4;

                        (b)

                        the specified plants have been directly derived from mother plants, which were subject to prior individual testing confirming their freedom from the specified pest;

                        (c)

                        the specified plants have been tested according to a sampling scheme able to confirm with 99 % reliability that the level of presence of the specified pest in the specified plants is below 0,1 %.

            Article 6
            Inspection
            Specified plants introduced into the Union, accompanied by a phytosanitary certificate and complying with Articles 4 and 5, shall be rigorously inspected and, where appropriate, tested for the presence of the specified pest at the border control post or at a control point established in accordance with Delegated Regulation (EU) 2019/2123.

            Article 7
            Movement of the specified plants within the Union
            Specified plants that have spent any part of their lives in the Union, may only be moved within the Union, if they meet the specific requirements set out in Articles 8 and 9.

            Article 8
            Issuance of plant passport and conditions for movement
            Specified plants that have spent any part of their lives in the Union and plants introduced into the Union according to Article 3 may be moved within the Union only if they are accompanied by a plant passport prepared, issued and used in accordance with Articles 78 to 95 of Regulation (EU) 2016/2031, and if they meet one of the following conditions:

                        (a)

                        The specified plants have been grown throughout their life in a Member State where the specified pest is not known to occur.

                        (b)

                        The specified plants have been grown throughout their life in a protected zone listed in Annex III of Implementing Regulation (EU) 2019/2072.

                        (c)

                        The specified plants have been grown throughout their life in a pest-free area, established as regards the specified pest by the competent authority of a Member State of origin in accordance with the FAO’s ISPM No 4.

                        (d)

                        The specified plants have been produced in a pest-free place or a pest-free site of production, established as regards the specified pest by the responsible official body of the Member State of origin in accordance with the FAO’s ISPM No 10. The specified plants have been grown in a structure with a degree of isolation and protection from the outside environment that effectively excludes the specified pest. At that place or site, the specified plants have been officially inspected twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the movement and found free from the specified pest.
                        That place or site of production is surrounded by a zone with a radius of at least 100 metres, where official inspections were carried out twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the movement and any plants showing symptoms of infection which were found during those inspections were immediately destroyed.

                        (e)

                        The specified plants have been produced in a pest-free place of production, established as regards the specified pest by the competent authority of the Member State of origin in accordance with the FAO’s ISPM No 10.
                        At that place the specified plants have been officially inspected, sampled and tested twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the movement and found free from the specified pest.
                        That place of production is surrounded by a zone with a radius of 500 metres (‘the surrounding zone’), where one of the following conditions have been fulfilled:

                                    (i)

                                    official inspections, sampling and testing have been carried out throughout the surrounding zone twice at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the movement. The specified pest has not been found during the official inspection, sampling and testing;

                                    (ii)

                                    all specified plants within the surrounding zone have been immediately destroyed;

                                    (iii)

                                    each specified plant within the surrounding zone has been regularly tested at the most appropriate times for detecting symptoms of infection and found free from the specified pest.

                              The surrounding zone is itself encircled by a further zone, with a width of 4 000 metres, where one of the following conditions has been fulfilled:

                                    (i)

                                    following official inspections, sampling and testing that have been carried out throughout that further zone twice, at the most appropriate times for detecting symptoms of infection during the last complete cycle of vegetation prior to the movement, eradication measures were taken in all cases when the specified pest has been identified on the specified plants. These measures shall consist of the immediate destruction of the infected specified plants;

                                    (ii)

                                    all specified plants within that further zone have been destroyed;

                                    (iii)

                                    all specified plants within that further zone have been tested according to a sampling scheme able to confirm with 99 % reliability that the level of presence of the specified pest in the specified plants is below 0,1 %.

            Article 9
            Additional conditions for movement
            Where the requirements set out in points (d) or (e) of Article 8 are met, the specified plants shall, in addition, satisfy one of the following requirements:

                        (a)

                        the specified plants have been directly derived from mother plants grown under the conditions set out in points (a), (b), (c) or (d) of Article 8;

                        (b)

                        the specified plants have been directly derived from mother plants, subject to prior individual testing confirming their freedom from the specified pest;

                        (c)

                        the specified plants have been tested according to a sampling scheme able to confirm with 99 % reliability that the level of presence of the specified pest in the specified plants is below 0,1 %.

            Article 10
            Compliance
            Member States shall repeal or amend the measures, which they have already adopted to protect themselves against the introduction and spread of the specified pest, in order to comply with this Regulation. They shall immediately inform the Commission of those measures.

            Article 11
            Entry into force and application
            This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
            It shall apply until 31 December 2021.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 26 June 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  Commission Implementing Decision 2012/756/EU of 5 December 2012 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto (OJ L 335, 7.12.2012, p. 49).

            (3)  Commission Implementing Decision (EU) 2017/198 of 2 February 2017 as regards measures to prevent the introduction into and the spread within the Union of Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto (OJ L 31, 4.2.2017, p. 29).

            (4)  Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and of the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 (OJ L 319, 10.12.2019, p. 1).

            (5)  Commission Delegated Regulation (EU) 2019/2123 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts (OJ L 321, 12.12.2019, p. 64).

            (6)  Requirements for the establishment of pest free areas. ISPM No 4 (1995), Rome, IPPC, FAO 2016.

            (7)  Requirements for the establishment of pest free places of production and pest free production sites. ISPM No 10 (1999), Rome, IPPC, FAO 2016.


title: Commission Implementing Regulation (EU) 2020/887 of 26 June 2020 amending Implementing Regulation (EU) 2019/66 as regards post-import checks of plants for planting

text:
                  29.6.2020

                  EN

                  Official Journal of the European Union

                  L 205/16

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/887
         of 26 June 2020
         amending Implementing Regulation (EU) 2019/66 as regards post-import checks of plants for planting
         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 22(3) thereof,
         Whereas:

                     (1)

                     Commission Implementing Regulation (EU) 2019/66 (2) establishes rules on uniform practical arrangements for the performance of official controls on plants, plant products and other objects. Those rules include checks at the premises of professional operators at the places of production of plants for planting.

                     (2)

                     Dormant plants for planting other than seeds may present uniform hazards and risks to plant health, because at the time of their checking at the Border Control Posts, or at control points, it might not be possible to identify the presence or symptoms of pests. Nevertheless, immediately after those checks, those plants for planting are released for free circulation, accompanied by a plant passport for movement within the Union territory.

                     (3)

                     Therefore, and for the purpose of responding to those risks, it is appropriate, after import, to carry out physical checks at the operators’ premises at least during the first growing season, in order to detect with a higher degree of certainty the presence of a Union quarantine pest, a protected zone quarantine pest or a pest subject to the measures adopted pursuant to Article 30(1) of Regulation (EU) 2016/2031 of the European Parliament of the Council (3). In order for the competent authorities to carry out those checks in the most efficient and proportionate manner, they should determine the frequencies of those checks, as well as the plants for planting to be subject to those checks, on the basis of a control plan, which shall be established in accordance with certain criteria.

                     (4)

                     In order to make the checks more efficient and targeted on the highest plant health risks, it is appropriate to base them on the history of interceptions of the relevant pests with regards to the relevant third countries of origin, the presence of priority pests in those countries and the available information in the Information Management System for Official Controls (IMSOC). The Member States may collect fees for those controls, as set out in Article 80 of Regulation (EU) 2017/625.

                     (5)

                     When those checks demonstrate that a quarantine pest or a pest subject to the measures adopted pursuant to Article 30(1) of Regulation (EU) 2016/2031 is found, competent authorities should record the results of the checks in IMSOC into the corresponding finalised CHED as referred to in Article 56 of Regulation (EU) 2017/625, whenever it is possible to trace back the infested plant to the imported consignment.

                     (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
            Article 1 of Implementing Regulation (EU) 2019/66 is replaced by the following:

                  ‘Article 1

                     1.   Competent authorities shall perform official controls at least once per year in the premises and, where applicable, in other locations used by professional operators authorised to issue plant passports in accordance with Article 84(1) of Regulation (EU) 2016/2031.

                     2.   Those controls shall include inspections and, in the case of suspicion of risks to plant health, the sampling and testing referred to in Article 92(1) of Regulation (EU) 2016/2031.

                     3.   Those controls shall be carried out at the most appropriate time with regard to the possibility of detecting the presence of relevant pests or signs or symptoms thereof.

                     4.   In addition to the controls referred to in paragraphs 1 to 3, the competent authorities shall carry out physical checks on plants for planting other than seeds, including tubers, bulbs and rhizomes, that have been introduced into the Union at a dormant stage. The competent authorities shall carry out those checks during the first growing season after import on certain of those plants identified on the basis of the control plan referred to in paragraph 5.

                     5.   The competent authorities shall determine the frequencies of the checks mentioned in paragraph 4, on the basis of a control plan, which shall be established in accordance with at least all of the following criteria:

                                 (a)

                                 the history and the level of Union quarantine pests intercepted and notified by the Member States in accordance with Article 11(c) of Regulation (EU) 2016/2031, found present on imported plants, plant products and other objects;

                                 (b)

                                 the occurrence of a priority pest, within the meaning of Article 6 of Regulation (EU) 2016/2031, in the relevant third country of origin, according to the available technical and scientific information;

                                 (c)

                                 information made available via the Information Management System for Official Controls (IMSOC) or any other official warning;

                                 (d)

                                 the biology of the host and the pests, and other relevant conditions for the efficient detection of a quarantine pest or a pest subject to the measures adopted pursuant to Article 30(1) of Regulation (EU) 2016/2031.

                     6.   When those checks mentioned in paragraph 4 demonstrate the presence of a quarantine pest or a pest subject to the measures adopted pursuant to Article 30(1) of Regulation (EU) 2016/2031, competent authorities shall record the results of the checks in IMSOC into the corresponding finalised Common Health Entry Document (CHED) as referred to in Article 56 of Regulation (EU) 2017/625, whenever it is possible to trace back the infested plant to the imported consignment.’

            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, 26 June 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  Commission Implementing Regulation (EU) 2019/66 of 16 January 2019 on rules on uniform practical arrangements for the performance of official controls on plants, plant products and other objects in order to verify compliance with Union rules on protective measures against pests of plants applicable to those goods (OJ L 15, 17.1.2019, p. 1).

            (3)  Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ L 317, 23.11.2016, p. 4).


title: Commission Implementing Regulation (EU) 2020/1004 of 9 July 2020 approving the basic substance cow milk in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance)

text:
                  10.7.2020

                  EN

                  Official Journal of the European Union

                  L 221/133

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/1004
         of 9 July 2020
         approving the basic substance cow milk in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
         (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 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2) in conjunction with Article 23(5) thereof,
         Whereas:

                     (1)

                     On 20 September 2017 the Commission received an application from Basic-Eco-Logique for the approval of milk as a basic substance. That application was accompanied by the information required by the second subparagraph of Article 23(3) of Regulation (EC) No 1107/2009. The applicant was allowed to complete the application, which was finalised in the new version of May 2018. On that occasion the applicant changed the scope of the application to (raw whole) cow milk.

                     (2)

                     The Commission asked the European Food Safety Authority (‘the Authority’) for scientific assistance. The Authority provided the Commission with a technical report on 22 August 2018 (2). The Commission presented the review report (3) and a draft of this Regulation to the Standing Committee on Plants, Animals, Food and Feed on 21 October 2019 and finalised them for the meeting of that Committee on 24 March 2020.

                     (3)

                     The information provided by the applicant shows that cow milk fulfils the criteria of a foodstuff as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (4). Moreover, it is not predominantly used for plant protection purposes but, nevertheless is useful in plant protection in a product consisting of the substance and water or even undiluted. Consequently it is to be considered as a basic substance.

                     (4)

                     Milk which is not intended for human consumption is considered as an animal by-product according to Regulation (EC) No 1069/2009 of the European Parliament and of the Council (5). As such it should comply with that Regulation and Commission Regulation (EU) No 142/2011 (6).

                     (5)

                     As due to lactose and milk proteins milk is listed as a substance or product causing allergies or intolerances according to point 7 in Annex II to Regulation (EU) No 1169/2011 of the European Parliament and the Council (7) it is appropriate to limit the uses to growth stages at which no fruits are present.

                     (6)

                     It has appeared from the examinations made that cow milk may be expected to satisfy, in general, the requirements laid down in Article 23 of Regulation (EC) No 1107/2009, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve cow milk as a basic substance.

                     (7)

                     In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions for the approval which are detailed in Annex I to this Regulation.

                     (8)

                     In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 (8) should be amended accordingly.

                     (9)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Approval of a basic substance
            The substance cow milk as specified in Annex I is approved as a basic substance subject to the conditions laid down in that Annex.

            Article 2
            Amendments to Implementing Regulation (EU) No 540/2011
            Implementing Regulation (EU) No 540/2011 is amended as set out in Annex II to this Regulation.

            Article 3
            Entry into force
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 9 July 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 309, 24.11.2009, p. 1.

            (2)  EFSA (European Food Safety Authority), 2018. Technical report on the outcome of the consultation with Member States and EFSA on the basic substance application for milk for use in plant protection as a fungicide. EFSA supporting publication 2018:EN-1482. 42 pp.

            (3)  http://ec.europa.eu/food/plant/pesticides/eu-pesticides-database/public/?event=activesubstance.selection&language=EN

            (4)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

            (5)  Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1).

            (6)  Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ L 54, 26.2.2011, p. 1).

            (7)  Regulation (EU) No 1169/2011 of the European Parliament and the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

            (8)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

            ANNEX I

                           Common Name,

                           Identification Numbers

                           IUPAC Name

                           Purity
                            (1)

                           Date of approval

                           Specific provisions

                        Cow Milk
                        CAS No: 8049-98-7

                        Not available.

                        Not applicable

                        30.7.2020

                        Cow milk shall comply with Regulation (EC) No 1069/2009 and Regulation (EU) No 142/2011.
                        Cow milk shall be used in accordance with the specific conditions included in the conclusions of the review report on cow milk (SANTE/12816/2019), and in particular Appendices I and II thereto.

               (1)  Further details on identity, specification and manner of use of basic substance are provided in the review report.

            ANNEX II
            In Part C of the Annex to Implementing Regulation (EU) No 540/2011, the following entry is added:

                              Number

                              Common Name,

                              Identification Numbers

                              IUPAC Name

                              Purity
                               (1)

                              Date of approval

                              Specific provisions

                           ‘22

                           Cow Milk
                           CAS No: 8049-98-7

                           Not available.

                           Not applicable

                           30.7.2020

                           Cow milk shall comply with Regulation (EC) No 1069/2009 and Commission Regulation (EU) No 142/2011.
                           Cow milk shall be used in accordance with the specific conditions included in the conclusions of the review report on cow milk (SANTE/12816/2019), and in particular Appendices I and II thereto.’

               (1)  Further details on identity, specification and manner of use of basic substance are provided in the review report.