title: Council Implementing Regulation (EU) 2020/371 of 5 March 2020 implementing Article 21(5) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya

text:
                  6.3.2020

                  EN

                  Official Journal of the European Union

                  L 71/5

         COUNCIL IMPLEMENTING REGULATION (EU) 2020/371
         of 5 March 2020
         implementing Article 21(5) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 (1), and in particular Article 21(5) thereof,
         Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 18 January 2016, the Council adopted Regulation (EU) 2016/44.

                     (2)

                     On 25 February 2020, the United Nations Security Council ('UNSC') Committee established pursuant to UNSC Resolution 1970 (2011) updated the information relating to five persons subject to restrictive measures.

                     (3)

                     Annex II to Regulation (EU) 2016/44 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex II to Regulation (EU) 2016/44 is amended as set out in the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 5 March 2020.

                  For the Council

                  The President

               T. ĆORIĆ

            (1)  OJ L 12, 19.1.2016, p. 1.

            ANNEX
            In Annex II to Regulation (EU) 2016/44, entries 6, 9, 23, 25 and 27 are replaced by the following:

               ‘6.   Name: 1: ABU 2: ZAYD 3: UMAR 4: DORDA

                  Title: na Designation: a) Director, External Security Organisation. b) Head of external intelligence agency. DOB:4 April 1944POB: Alrhaybat Good quality a.k.a.: Dorda Abuzed OE Low quality a.k.a.: na Nationality: na Passport no: Libya number FK117RK0, issued on 25 November 2018, issued in Tripoli (Date of expiration: 24 November 2026) National identification no: na Address: Libya (Believed status/location: residing in Egypt) Listed on:26 February 2011 (amended on 27 June 2014, 1 April 2016, 25 February 2020) Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze). INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5938451’

               ‘9.   Name: 1: AISHA 2: MUAMMAR MUHAMMED 3: ABU MINYAR 4: QADHAFI

                  Title: na Designation: na DOB:1 January 1978POB: Tripoli, Libya Good quality a.k.a.: Aisha Muhammed Abdul Salam (Libya Passport number: 215215) Low quality a.k.a.: na Nationality: na Passport no:
                  a) Oman number 03824970; issued on 4 May 2014, issued in Muscat, Oman (Date of expiration: 3 May 2024) b) Libya 428720 c) B/011641 National identification no: 98606612 Address: Sultanate of Oman (Believed status/location: Sultanate of Oman) Listed on:26 February 2011 (amended on 11 November 2016, 26 September 2014, 21 March 2013, 2 April 2012, 25 February 2020) Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze). INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525815’

               ‘23.   Name: 1: AHMAD 2: OUMAR 3: IMHAMAD 4: AL-FITOURI

                  Title: na Designation: Commander of the Anas al-Dabbashi militia, Leader of a transnational trafficking network DOB:7 May 1988POB: (possibly Sabratha, Talil neighbourhood) Good quality a.k.a.: na Low quality a.k.a.: a) Al-Dabachi b) Al Ammu c) The Uncle d) Al-Ahwal e) Al Dabbashi Nationality: Libya Passport no: Libya number LY53FP76; issued on 29 September 2015; issued in Tripoli National identification no: 119880387067 Address: a) Garabulli, Libya b) Zawiya, Libya c) Dbabsha-Sabratah Listed on:7 June 2018 (amended on 17 September 2018, 25 February 2020) Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)
               Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015). INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/
               Additional information
               Ahmad Imhamad is the commander of the Anas al-Dabbashi militia, formerly operating in the coastal area between Sabratha and Melita. Imhamad is a significant leader in illicit activities related to the trafficking of migrants. The al-Dabbashi clan and militia also cultivate relationships with terrorist and violent extremist groups. Imhamad is currently active around Zawiya, after violent clashes broke out with other militia and rivalling smuggling organisations around the coastal area in October 2017, resulting in over 30 deaths including civilians. In response to his ouster, Ahmad Imhamad on 4 December 2017 publicly vowed to return to Sabratha with weapons and force. There is extensive evidence that Imhamad's militia has been directly involved in the illicit trafficking and smuggling of migrants, and that his militia controls departure areas for migrants, camps, safe houses and boats. There is information that supports the conclusion that Imhamad has exposed migrants (including minors) to brutal conditions and sometimes fatal circumstances on land and at sea. After violent clashes between Imhamad's militia and other militia in Sabratha, thousands of migrants were found (many in serious condition), most of them held in centres of the Martyrs Anas al-Dabbashi brigade and al-Ghul militia. The al-Dabbashi clan, and the connected Anas al-Dabbashi militia, have long-standing links with Islamic State in the Levante (ISIL) and its affiliates.
               Several ISIL operatives have been in their ranks, including Abdallah al-Dabbashi, the ISIL ‘caliph’ of Sabratha. Imhamad was also allegedly involved in orchestrating the murder of Sami Khalifa al-Gharabli, who was appointed by the Sabratha municipal council to counter migrant smuggling operations in July 2017. Imhamad's activities largely contribute to the mounting violence and insecurity in western Libya and threaten peace and stability in Libya and neighbouring countries.’

               ‘25.   Name: 1: MOHAMMED 2: AL AMIN 3: AL-ARABI 4: KASHLAF

                  Title: na Designation: Commander of the Shuhada al-Nasr brigade, Head of the Petrol Refinery Guard of Zawiya's refinery DOB:2 December 1985POB: Zawiya, Libya Good quality a.k.a.: na Low quality a.k.a.: a) Kashlaf b) Koshlaf c) Keslaf d) al-Qasab Nationality: Libya Passport no: C17HLRL3, issued on 30 December 2015, issued in Zawiya National identification no: na Address: Zawiya, Libya Listed on:7 June 2018 (amended on 17 September 2018, 25 February 2020) Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)
               Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).
               Additional information
               Mohammed al-Hadi is the head of the Shuhada al Nasr brigade in Zawiya, Western Libya. His militia controls the Zawiya refinery, a central hub of migrant smuggling operations. Al-Hadi also controls detention centres, including the Nasr detention centre – nominally under the control of the DCIM. As documented in various sources, the network of al-Hadi is one of the most dominant in the field of migrant smuggling and the exploitation of migrants in Libya. Al-Hadi has extensive links with the head of the local unit of the coast guard of Zawiya, al-Rahman al-Milad, whose unit intercepts boats with migrants, often of rivalling migrant smuggling networks. Migrants are then brought to detention facilities under the control of the Al Nasr militia, where they are reportedly held in critical conditions. The Panel of Experts for Libya collected evidence of migrants that were frequently beaten, while others, notably women from sub-Saharan countries and Morocco, were sold on the local market as ‘sex slaves’. The Panel has also found that al-Hadi collaborates with other armed groups and has been involved in repeated violent clashes in 2016 and 2017.’

               ‘27.   Name: 1: IBRAHIM 2: SAEED 3: SALIM 4: JADHRAN

                  Title: na Designation: Leader of armed militias DOB:29 October 1982POB: na Good quality a.k.a.: Ibrahim Saeed Salem Awad Aissa Hamed Dawoud Al Jadhran Low quality a.k.a.: na Nationality: Libya Passport no: S/263963; issued on 8 November 2012National identification no:
                  a) 119820043341 b) Personal identification no.: 137803 Address: na Listed on:11 Sept. 2018 (amended on 25 February 2020) Other information: Name of mother Salma Abdula Younis.Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze). INTERPOL-UN Security Council Special Notice web link: www.interpol.int/en/notice/search/un/xxxx.
               Listed pursuant to paragraphs 11 (b), 11 (c) and 11 (d) of resolution 2213 (2015); paragraph 11 of resolution 2362 (2017).
               Additional information

                           —

                           Libya's Attorney General's Office has issued an arrest warrant against the person concerned accusing him of perpetrating a number of crimes.

                           —

                           The person concerned carried out armed actions and attacks against oil installations located in the oil crescent region that caused its destruction, the latest of which was on 14 June 2018.

                           —

                           The attacks on the crescent oil region resulted in many casualties among the inhabitants of the region and endangered the lives of civilians.

                           —

                           The attacks intermittently halted Libyan oil exports from 2013 to 2018, which led to significant losses for the Libyan economy.

                           —

                           The person concerned attempted to export oil illegally.

                           —

                           The person concerned recruits foreign fighters for his repeated attacks against ‘oil crescent’ region.

                           —

                           The person concerned, through his actions, is working against the stability of Libya, and constitutes an obstacle in the way of the Libyan parties to resolve the political crisis and implement the United Nations Plan of Action.’


title: Commission Implementing Regulation (EU) 2020/382 of 2 March 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Bergamote(s) de Nancy’ (PGI)

text:
                  9.3.2020

                  EN

                  Official Journal of the European Union

                  L 72/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/382
         of 2 March 2020
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Bergamote(s) de Nancy’ (PGI)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
         Whereas:

                     (1)

                     Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France’s application for these approval of amendments to the specification for the protected geographical indication ‘Bergamote(s) de Nancy’, registered under Commission Regulation (EC) No 1107/96 (2). These amendments include changing the name ‘Bergamote(s) de Nancy’ to ‘Bergamote de Nancy’/‘Bergamotes de Nancy’.

                     (2)

                     Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation.

                     (3)

                     As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Bergamote(s) de Nancy’ (PGI) are hereby approved.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 2 March 2020.

                  For the Commission,

                  On behalf of the President,

               Janusz WOJCIECHOWSKI

                  Member of the Commission

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

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

            (3)  OJ C 361, 25.10.2019, p. 11.


title: Commission Implementing Regulation (EU) 2020/383 of 6 March 2020 fixing the import duties applicable to certain husked rice from 9 March 2020

text:
                  9.3.2020

                  EN

                  Official Journal of the European Union

                  L 72/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/383
         of 6 March 2020
         fixing the import duties applicable to certain husked rice from 9 March 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 point (a) of the first paragraph of Article 183 thereof,
         Whereas:

                     (1)

                     The Agreement in the form of an Exchange of Letters between the European Community and the United States of America relating to the method of calculation of applied duties for husked rice, approved by Council Decision 2005/476/EC (2), establishes a method for calculating duties applied to imports of husked rice.

                     (2)

                     On the basis of the information provided by the competent authorities, the Commission notes that import licences for husked rice falling within CN code 1006 20, other than import licences for basmati rice, were issued in respect of 235 233 tonnes for the period from 1 September 2019 to 29 February 2020. The import duty for husked rice falling within CN code 1006 20 other than basmati rice, fixed by Commission Implementing Regulation (EU) 2019/371 (3), should therefore be adjusted.

                     (3)

                     Implementing Regulation (EU) 2019/371 should thus be repealed.

                     (4)

                     The applicable duty must be fixed within 10 days of the end of the period referred to above. This Regulation should therefore enter into force immediately,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The import duty for husked rice falling within CN code 1006 20 other than basmati rice shall be EUR 42,50 per tonne.

            Article 2
            Implementing Regulation (EU) 2019/371 is repealed.

            Article 3
            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, 6 March 2020.

                  For the Commission,

                  On behalf of the President,

               María Ángeles BENÍTEZ SALAS

                  Acting Director-General

                  Directorate-General for Agriculture and Rural Development

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

            (2)  Council Decision 2005/476/EC of 21 June 2005 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the United States of America relating to the method of calculation of applied duties for husked rice and amending Decisions 2004/617/EC, 2004/618/EC and 2004/619/EC (OJ L 170, 1.7.2005, p. 67).

            (3)  Commission Implementing Regulation (EU) 2019/371 of 7 March 2019 fixing the import duties applicable to certain types of husked rice from 8 March 2019 (OJ L 68, 8.3.2019, p. 3).


title: Commission Implementing Regulation (EU) 2020/386 of 9 March 2020 amending Annex II to Decision 2007/777/EC as regards the list of third countries or parts thereof from which the introduction into the Union of meat products and treated stomachs, bladders and intestines is authorised, and amending Annex II to Regulation (EU) No 206/2010 as regards the list of third countries, territories or parts thereof from which the introduction into the Union of fresh meat is authorised (Text with EEA relevance)

text:
                  10.3.2020

                  EN

                  Official Journal of the European Union

                  L 73/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/386
         of 9 March 2020
         amending Annex II to Decision 2007/777/EC as regards the list of third countries or parts thereof from which the introduction into the Union of meat products and treated stomachs, bladders and intestines is authorised, and amending Annex II to Regulation (EU) No 206/2010 as regards the list of third countries, territories or parts thereof from which the introduction into the Union of fresh meat is authorised
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, the first subparagraph of point (1) of Article 8, point (4) of Article 8, and Article 9(4)(c) thereof,
         Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (2), and in particular Article 11(1) thereof,
         Whereas:

                     (1)

                     Commission Decision 2007/777/EC (3) lays down, inter alia, the animal and public health rules for imports into the Union, and the transit and storage in the Union, of consignments of certain meat products and of treated stomachs, bladders and intestines which have undergone one of the treatments set out in Part 4 of Annex II thereto (‘the commodities’). In addition, Part 3 of Annex II to Decision 2007/777/EC sets out a list of third countries or parts thereof which are authorised for imports into the Union of biltong/jerky and pasteurised meat products, provided that they have undergone one of the treatments referred to in Part 4 of that Annex.

                     (2)

                     Commission Regulation (EU) No 206/2010 (4) lays down, inter alia, the veterinary certification requirements for the introduction into the Union of consignments of fresh meat of ungulates. Part 1 of Annex II to that Regulation establishes a list of third countries, territories or parts thereof from which such consignments may be imported into the Union, as well as the specific conditions for the introduction of those consignments from certain third countries.

                     (3)

                     Certain parts of South Africa are listed in Parts 1 and 3 of Annex II to Decision 2007/777/EC as authorised for imports into the Union of the commodities and of biltong respectively.

                     (4)

                     Certain parts of South Africa are also listed in Part 1 of Annex II to Regulation (EU) No 206/2010 as authorised for imports into the Union of consignments of fresh meat of certain domestic and wild ungulates, other than equine animals. However, imports of fresh meat from those species are suspended since 2011 due to the foot-and-mouth situation in the zone.

                     (5)

                     Decision 2007/777/EC and Regulation (EU) No 206/2010 recognise regionalisation of third countries. The description of part of the territory of South Africa, by the code ‘ZA-1’, as amended by the South African authorities following an outbreak of foot-and-mouth disease in 2011, which is referred to in those two acts, is no longer accurate.

                     (6)

                     The Annex to Commission Decision 2011/163/EU (5) sets out a list of third countries whose plans for the monitoring of groups of residues and substances in animals and animal products intended for human consumption have been approved by the Commission. Imports into the Union from South Africa of meat products from all species of animals, with the exception of wild game meat products, are not permitted under that Decision, as South Africa does not have an approved plan.

                     (7)

                     In February 2017, a Commission audit was carried out in South Africa in order to evaluate the animal health control system in place in that third country, in particular as regards the controls concerning foot-and-mouth disease (‘the 2017 Commission audit’). The Commission found that, although the control system governing the production of commodities covered by the audit could, in principle, provide adequate guarantees that they are produced in accordance with relevant Union requirements, its effectiveness is weakened by the problems noted in its implementation, in particular concerning the performance of the official controls and staffing difficulties. Also, certification rules and principles offer, overall, guarantees equivalent to those laid down in Union law, but the shortcomings observed in their implementation compromise their reliability and the guarantees concerning some of the statements signed in the certificates for import into the Union.

                     (8)

                     As imports of fresh meat and meat products of ungulates from South Africa are not permitted under Decision 2011/163/EU, and taking into account the findings of the 2017 Commission audit, and in particular the lack of guarantees about the official controls for foot-and-mouth disease, and to maintain clarity and consistency of Union legislation, the entry ‘ZA-1’ covering part of the territory of South Africa should be deleted from the entry of South Africa in Parts 1 and 3 of Annex II to Decision 2007/777/EC and from the list of third countries authorised for import of fresh meat of ungulates in Part 1 of Annex II to Regulation (EU) No 206/2010.

                     (9)

                     Following United Nations (UN) facilitation, Athens and Skopje reached a bilateral agreement (‘Prespa agreement’) in June 2018, to change the UN provisional reference for the former Yugoslav Republic of Macedonia. This agreement has now been ratified by both countries and the Republic of North Macedonia has formally notified the EU about its entry into force.

                     (10)

                     Annex II to Decision 2007/777/EC and Annex II to Regulation (EU) No 206/2010 should therefore be amended accordingly.

                     (11)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex II to Decision 2007/777/EC is amended in accordance with Annex I to this Regulation.

            Article 2
            Annex II to Regulation (EU) No 206/2010 is amended in accordance with Annex II to this Regulation.

            Article 3
            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 March 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 18, 23.1.2003, p. 11.

            (2)  OJ L 139, 30.4.2004, p. 206.

            (3)  Commission Decision 2007/777/EC of 29 November 2007 laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries and repealing Decision 2005/432/EC (OJ L 312, 30.11.2007, p. 49).

            (4)  Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (OJ L 73, 20.3.2010, p. 1).

            (5)  Commission Decision 2011/163/EU of 16 March 2011 on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC (OJ L 70, 17.3.2011, p. 40).

            ANNEX I
            Annex II to Decision 2007/777/EC is amended as follows:

                        (1)

                        in Part 1, in the entry for South Africa, the row for the territory ZA-1 is deleted;

                        (2)

                        Part 2 is amended as follows:

                                    (a)

                                    the entry for the Former Yugoslav Republic of Macedonia is replaced by the following entry for North Macedonia:

                                                ‘MK

                                                The Republic of North Macedonia

                                                A

                                                A

                                                B

                                                A

                                                A

                                                XXX

                                                A

                                                B

                                                B

                                                XXX

                                                A

                                                XXX

                                                XXX’

                                    (b)

                                    footnote** corresponding to the entry for the former Yugoslav Republic of Macedonia is deleted;

                        (3)

                        in Part 3, in the entry for South Africa, the row for the territory ZA-1 is deleted.

            ANNEX II
            Part 1 of Annex II to Regulation (EU) No 206/2010 is amended as follows:

                        —

                        in the entry for ZA, the row for the territory ZA-1 is deleted.


title: Commission Implementing Regulation (EU) 2020/387 of 9 March 2020 amending Regulations (EU) No 321/2013, (EU) No 1302/2014 and (EU) 2016/919 as regards the extension of the area of use and transition phases (Text with EEA relevance)

text:
                  10.3.2020

                  EN

                  Official Journal of the European Union

                  L 73/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/387
         of 9 March 2020
         amending Regulations (EU) No 321/2013, (EU) No 1302/2014 and (EU) 2016/919 as regards the extension of the area of use and transition phases
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (1), and in particular Article 5(11) thereof,
         Whereas:

                     (1)

                     Pursuant to Article 54(2) and (3) of Directive (EU) 2016/797, vehicles authorised for placing in service prior to 15 June 2016 are to receive a new authorization for placing on the market in accordance with Article 21 of that Directive before they can be operated on one or more networks which are not already covered by their initial authorisation. Such vehicles are thus required either to conform to the technical specifications for interoperability (TSIs) in force or be entitled not to apply those TSIs pursuant to Article 7(1) of that Directive. At the same time, one of the objectives of Directive (EU) 2016/797 is the streamlining and harmonisation of authorisation procedures at Union level to facilitate the free movement of vehicles. To this end, clause 7.6.1 of the Annex to Commission Regulation (EU) No 321/2013 (2) and clause 7.5.2.3 of the Annex to Commission Regulation (EU) No 1302/2014 (3) call for the development of flexibility provisions with regards to compliance with the TSI requirements. Those provisions are to set out which level of flexibility could be granted in case of extension of the area of use of vehicles placed in service before 15 June 2016, while fulfilling the essential requirements, maintaining the appropriate safety level, and where reasonably practicable, improving it. Those Regulations should therefore be amended accordingly. The provision related to ‘extension of area of use’ also covers the case of vehicles needing modifications to ensure technical compatibility with the new network(s); in such case, the unchanged parts of the vehicle remain validated under the previous authorisation. Restrictions and limitations of previous authorisation continue to apply. For the same reasons, such clarification should also be provided for Commission Regulation (EU) 2016/919 (4).

                     (2)

                     There are divergent approaches amongst notified bodies and authorising entities in the rail sector with regards to the application of the different transitional provisions set out in clauses 7.1.1.2 to 7.1.1.8 and clause 7.1.3.1 of the Annex to Regulation (EU) No 1302/2014. Similarly, there are divergent approaches in the rail sector with regards to the validity period of EC type or design examination certificates in case of changes to an existing rolling stock type, as set out in clause 7.2.2.2 of the Annex to Regulation (EU) No 321/2013 and clause 7.1.2.2 of the Annex to Regulation (EU) No 1302/2014. In addition to this, further harmonisation reducing the divergences from the target system are essential to reduce the cost of railways and ensure their interoperability and competitiveness. The provisions listed above should thus be amended to avoid divergent application of those transition provisions and validity periods of certificates, while future transition periods should focus on specific requirements with high impact on ongoing projects instead of providing generic exemptions, in a way that will lead to timely reduction of the divergences from the target system while providing the predictability and legal certainty necessary to the sector. This should be achieved in the framework of the Digital rail and Green freight TSI revision package (2022 revision) for which the Commission sent a request to the European Union Agency for Railways on 24 January 2020.

                     (3)

                     Furthermore, Member States and the sector have identified some technical and editorial errors in some of these regulations, and the Slovak Republic has identified that the general specific case set out in section 7.3.2.1 of the Annex to Commission Regulations (EU) No 321/2013 (WAG TSI) should also apply to its 1 520 mm track gauge network. These errors should be corrected.

                     (4)

                     Under Decision (EU) 2017/1474, TSIs should indicate whether it is necessary to re-notify the conformity assessment bodies that were notified on the basis of a previous version of the TSI and whether a simplified notification process should be applied. This Regulation brings about limited changes and it should not be necessary to re-notify bodies notified on the basis of a previous version of the TSIs.

                     (5)

                     This Regulation amends TSIs so as to further achieve interoperability within the Union rail system, improve and develop international rail transport, contribute to the progressive creation of the internal market and complement TSIs in view of covering essential requirements. It enables to achieve the objectives and to meet the essential requirements of Directive 2008/57/EC of the European Parliament and of the Council (5) and Directive (EU) 2016/797. Therefore this Regulation should be directly applicable in all Member States including Member States which have notified the Agency and the Commission under Article 57(2) of Directive (EU) 2016/797 that they have extended the transposition period and thus continue to apply Directive 2008/57/EC until 15 June 2020 at the latest. Notified Bodies exercising under Directive 2008/57/EC in the Member States that have extended the transposition period should be able to issue ‘EC’ certificate in accordance with this Regulation as long as Directive 2008/57/EC applies in the Member State where they are established.

                     (6)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 51(1) of Directive (EU) 2016/797,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Amendments to WAG TSI
            Regulation (EU) No 321/2013 is amended as follows:

                        (1)

                        in Article 3, point (d) is added as follows:

                                    ‘(d)

                                    when the area of use is extended in accordance with art. 54(3) of Directive (EU) 2016/797, provisions in Section 7.2.2.4 of the Annex to this Regulation shall apply;’

                        (2)

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

            Article 2
            Amendments to LOC&PAS TSI
            Regulation (EU) No 1302/2014 is amended as follows:

                        (1)

                        in Article 3, paragraph 2 is replaced as follows:

                           ‘2.   The TSI shall not apply to existing rolling stock of the rail system in the Union which is already placed in service on all or part of the network of any Member State on 1 January 2015, except when

                                       (a)

                                       it is subject to renewal or upgrading in accordance with Section 7.1.2 of the Annex to this Regulation; or

                                       (b)

                                       the area of use is extended in accordance with Article 54(3) of Directive (EU) 2016/797, in which case the provisions in Section 7.1.4 of the Annex to this Regulation shall apply.’;

                        (2)

                        in the second subparagraph of Article 11(1), the introductory phrase is replaced by the following:
                        ‘They shall however continue to apply, without prejudice to clauses 7.1.1.4 to 7.1.1.8 of the Annex, to:’;

                        (3)

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

            Article 3
            Amendments to CCS TSI
            Regulation (EU) 2016/919 is amended as follows:

                        (1)

                        in Article 2, paragraph 2 is replaced as follows:

                           ‘2.   The TSI shall not apply to existing “trackside control-command and signalling” and “on-board control-command and signalling” subsystems of the rail system already placed in service on all or part of any Member State’s railway network on the day this Regulation enters into force, except when

                                       (a)

                                       the subsystem is subject to renewal or upgrading in accordance with Section 7 of the Annex to this Regulation; or

                                       (b)

                                       the area of use is extended in accordance with Article 54(3) of Directive (EU) 2016/797, in which case the provisions of Section 7.4.2.4 of the Annex to this Regulation shall apply.’

                        (2)

                        the Annex is amended in accordance with Annex III to this Regulation.

            Article 4
            Conformity assessment bodies

               1.   Notifications of conformity assessment bodies for the purposes of Regulations (EU) No 321/2013, (EU) No 1302/2014 and (EU) 2016/919 shall remain valid on the basis of those Regulations, as amended by the present Regulation.

               2.   Conformity assessment bodies notified in accordance with Directive 2008/57/EC may issue ‘EC’ certificate of verification and ‘EC’ certificate of conformity or suitability for use of interoperability constituents in accordance with this Regulation as long as Directive 2008/57/EC applies in the Member State where they are established in accordance with Article 57(2) of Directive (EU) 2016/797 and until 15 June 2020 at the latest.

            Article 5
            Entry into force
            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, 9 March 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 138, 26.5.2016, p. 44.

            (2)  Commission Regulation (EU) No 321/2013 of 13 March 2013 concerning the technical specification for interoperability relating to the subsystem ‘rolling stock – freight wagons’ of the rail system in the European Union and repealing Decision 2006/861/EC (OJ L 104, 12.4.2013, p. 1).

            (3)  Commission Regulation (EU) No 1302/2014 of 18 November 2014 concerning a technical specification for interoperability relating to the ‘rolling stock – locomotives and passenger rolling stock’ subsystem of the rail system in the European Union (OJ L 356, 12.12.2014, p. 228).

            (4)  Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union (OJ L 158, 15.6.2016, p. 1).

            (5)  Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (OJ L 191, 18.7.2008, p. 1).

            ANNEX I
            The Annex to Regulation (EU) No 321/2013 is amended as follows:

                        (1)

                        in clause 4.2.2.2, the title ‘Strength of unit’ is added;

                        (2)

                        in clause 6.1.2.2, the following paragraph is added between the first and the second paragraphs:
                        ‘Alternative demonstration of conformity is allowed in accordance with point 6.1.2.4a.’;

                        (3)

                        in clause 6.1.2.3, the following paragraph is added before point (b):
                        ‘Alternative demonstration of conformity is allowed in accordance with point 6.1.2.4a.’;

                        (4)

                        in clause 6.1.2.4, the following paragraph is added at the end of the clause:
                        ‘Alternative demonstration of conformity is allowed in accordance with point 6.1.2.4a.’;

                        (5)

                        the following clause 6.1.2.4a is added between clause 6.1.2.4 and clause 6.1.2.5:
                        ‘Where the EN standards referred to in points 6.1.2.2, 6.1.2.3 and 6.1.2.4 do not cover the proposed technical solution, it is permitted to use other standards to demonstrate conformity of the mechanical behaviour of the wheelset assembly, the mechanical characteristics of the wheels and the mechanical resistance and fatigue characteristics of the axle respectively; in that case the notified body shall verify that the alternative standards form part of a technically consistent set of standards applicable to the design, construction and testing of the wheelsets, containing specific requirements for wheelset, wheels and axles covering:

                                    —

                                    wheelset assembly,

                                    —

                                    mechanical resistance,

                                    —

                                    fatigue characteristics,

                                    —

                                    permissible stress limits,

                                    —

                                    thermomechanical characteristics.

                              Only standards that are publicly available can be referred to in the demonstration required above. The verification carried out by the notified body shall ensure the consistency between the methodology of the alternative standards, the assumptions taken by the applicant, the intended technical solution and the intended area of use.’;

                        (6)

                        in clause 7.2.2.2, the three paragraphs directly following Table 11a are replaced by the following:
                        ‘In order to establish the EC type or design examination certificate, the notified body selected by the entity managing the change may refer to:

                                    —

                                    the original EC type or design examination certificate for parts of the design that are unchanged or those that are changed but do not affect the conformity of the subsystem, as far as it is still valid (during 10 years phase B period),

                                    —

                                    additional EC type or design examination certificate (amending the original certificate) for modified parts of the design that affect the conformity of the subsystem with the latest revision of this TSI in force at that time.

                              The validity period of the EC type or design examination certificate for the modified type, type variant or type version shall be limited to 10 years from the date of issuing, without exceeding 14 years after the date of appointment of a notified body by the applicant for the initial rolling stock type (beginning of phase A of the original EC type or design examination certificate).’;

                        (7)

                        in clause 7.2.2.2, the row ‘4.2.4.3.2.1 Service brake’ of table 11a is replaced by the following:

                                    ‘4.2.4.3.2.1 Service brake

                                    Stopping distance

                                    Change of stopping distance of more than ± 10 %

                                       Note: Brake weight percentage (also called “lambda” or “braked mass percentage”) or braked mass may also be used, and can be derived (directly or via stopping distance) from deceleration profiles by a calculation.
                                    The allowed change is the same (± 10 %)

                                    N/A

                                    Maximum deceleration for the load condition “design mass under normal payload” at the maximum design speed

                                    Change of more than ± 10 % on the maximum average brake deceleration

                                    N/A’

                        (8)

                        in clause 7.2.2.3, the first paragraph is replaced by the following:
                        ‘The following rules apply, in addition to clause 7.2.2.2, to existing units with a first authorisation for placing in service before 1 January 2015, where the scope of the change has an impact on basic parameters not covered by the EC declaration’;

                        (9)

                        in clause 7.2.2.3, the third paragraph is replaced by the following:
                        ‘The particular rule set out in the above paragraph is not applicable in changes impacting the basic parameters and classified as 21(12)a set out in table 11b. For those changes, compliance with the TSI requirements is mandatory’;

                        (10)

                        the following clause 7.2.2.4 is added:

                                    ‘7.2.2.4.

                                       Rules for the extension of the area of use for existing units having an authorisation in accordance with Directive 2008/57/EC or in operation before 19 July 2010

                                                (1)

                                                In the absence of full conformity with this TSI, point 2 applies to units that fulfil the following conditions when requesting an extension of their area of use in accordance with Article 21(13) of Directive (EU) 2016/797:

                                                            1.

                                                            they have been authorised in accordance with Directive 2008/57/EC or put in operation before 19 July 2010;

                                                            2.

                                                            they are registered with “Valid” registration code “00”, in the National Vehicle Register in accordance with Commission Decision 2007/756/EC (*1) or in the European Vehicle Register in accordance with Commission Implementing Decision (EU) 2018/1614 (*2) and maintained in a safe state of running in accordance with Commission Implementing Regulation (EU) 2019/779 (*3).

                                          The following provisions for extension of area of use apply also in combination with a new authorisation as defined in point (a) of Article 14(3) of Regulation (EU) 2018/545.

                                                (2)

                                                Authorisation for an extended area of use of the units referred to in point 1 shall be based on the existing authorisation, if any, the technical compatibility between the unit and the network in accordance with point (d) of Article 21(3) of Directive (EU) 2016/797 and compliance with the Basic Design Characteristics of Table 11a of this TSI, taking into account any restrictions or limitations.

                                          The applicant shall provide an “EC declaration of verification” accompanied by technical files giving evidence of compliance with the requirements set out in this TSI, or with provisions having equivalent effect, for each basic parameter referred to in column 1 of Table 11a of this TSI, through one or a combination of the following:

                                                (a)

                                                compliance with requirements of this TSI as referred above;

                                                (b)

                                                compliance with corresponding requirements set out in a previous TSI as referred above;

                                                (c)

                                                compliance with alternative specifications deemed to have equivalent effect to the relevant requirements set out in this TSI as referred above;

                                                (d)

                                                evidence that the requirements for technical compatibility with the network of the extended area of use are equivalent to the requirements for technical compatibility with the network for which the unit is already authorised or in operation. Such evidence shall be provided by the applicant and may be based on the information in the register of railway infrastructure (RINF).

                                                            (3)

                                                            The equivalent effect of alternative specifications to the requirements of this TSI (point 2(c)) and the equivalence of requirements for technical compatibility with the network (point 2(d)) shall be justified and documented by the Applicant by applying the risk management process set out in Annex I of Regulation (EU) No 402/2013. The applicant shall provide a positive assessment by an assessment body (CSM RA).

                                                            (4)

                                                            In addition to the requirements referred to in point 2 and where applicable, the applicant shall provide an “EC declaration of verification” accompanied by technical files giving evidence of compliance with the following:

                                                                        (a)

                                                                        specific cases relating to any part of the extended area of use, listed in this TSI, the TSI Noise (Regulation (EU) No 1304/2014) and CCS TSI (Regulation (EU) 2016/919);

                                                                        (b)

                                                                        the national rules referred to in points (a), (c) and (d) of Article 13(2) of Directive (EU) 2016/797 as notified in accordance with Article 14 of that Directive.

                                                            (5)

                                                            The authorising entity shall make publicly available through the Agency website details of the alternative specifications referred to in point 2(c) and of the requirements for technical compatibility with the network referred to in point 2(d) on the basis of which it granted authorisations for the extended area of use.

                                                            (6)

                                                            Where an authorised vehicle benefited from non-application of TSIs or part of them pursuant to Article 9 of Directive 2008/57/EC, the applicant shall seek derogation(s) in the Member States of the extended area of use in accordance to Article 7 of Directive (EU) 2016/797.

                                                            (7)

                                                            In accordance with Article 54(2) of Directive (EU) 2016/797, wagons used under Regolamento Internazionale Veicoli (RIV) shall be deemed authorised in accordance with the conditions under which they were used, including the area of use where they are operated. Following a change which requires a new authorisation for placing on the market in accordance with Article 21(12) of Directive (EU) 2016/797, wagons accepted under the latest RIV agreement shall conserve the area of use in which they were operating without further checks on the unchanged parts.

                           (*1)  Commission Decision 2007/756/EC of 9 November 2007 adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC (OJ L 305, 23.11.2007, p. 30)."

                           (*2)  Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC (OJ L 268, 26.10.2018, p. 53)."

                           (*3)  Commission Implementing Regulation (EU) 2019/779 of 16 May 2019 laying down detailed provisions on a system of certification of entities in charge of maintenance of vehicles pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 445/2011 (OJ L 139I , 27.5.2019, p. 360).’;"

                        (11)

                        in clause 7.3.2.1, the first sentence is replaced by the following:
                        ‘Units running between a Member State and a third country with a network with 1520 mm track gauge: Specific case Finland, Poland, Slovak Republic and Sweden.’;

                        (12)

                        in clause 7.3.2.2(a), the last paragraph is replaced by the following:
                        ‘Units mutually recognised in accordance with point 7.1.2 and units equipped with on-board axle bearing condition monitoring equipment are exempted from this specific case. The exemption of units in accordance with point 7.1.2 is not applicable when using other conformity assessment methods in accordance with point 6.1.2.4a.’;

                        (13)

                        in clause 7.3.2.5, the title is replaced by the following:

                                    ‘7.3.2.5.

                                       Characteristics of wheelsets, wheels and axles (points 4.2.3.6.2 and 4.2.3.6.3)

                                    Specific case UK for Great Britain’;

                        (14)

                        Clause 7.6.1, ‘Rules for extension of area of use for existing rolling stock not covered by an EC declaration of verification’ is replaced by:

                                    ‘7.6.1.

                                       Rules for implementation

                                    On 24 January 2020 the Commission sent a request to the European Union Agency for Railways for the preparation of the Digital rail and Green freight TSI revision package (2022 revision).
                                    Pursuant to Commission Delegated Decision (EU) 2017/1474, the Digital rail and Green freight TSI revision package shall include provisions reviewing and if possible simplifying the strategy for the application of the TSIs in a way ensuring a gradual, but timely reduction of the divergences from the target system while providing the predictability and legal certainty necessary to the sector. These provision shall cover future transition periods as well as the issue of the validity period of the certificates for interoperability constituents and subsystems.
                                    Furthermore, with the same objective of ensuring a gradual, but timely reduction of the divergences from the target system while providing the predictability and legal certainty necessary to the sector, provisions providing flexibility in the application of updated versions of standards shall be considered, including for those introduced in Annex I (WAG 2019 TSI) to Commission Implementing Regulation (EU) 2019/776 (*4).

                           (*4)  Commission Implementing Regulation (EU) 2019/776 of 16 May 2019 amending Commission Regulations (EU) No 321/2013, (EU) No 1299/2014, (EU) No 1301/2014, (EU) No 1302/2014, (EU) No 1303/2014 and (EU) 2016/919 and Commission Implementing Decision 2011/665/EU as regards the alignment with Directive (EU) 2016/797 of the European Parliament and of the Council and the implementation of specific objectives set out in Commission Delegated Decision (EU) 2017/1474 (OJ L 139 I, 27.5.2019, p. 108)’;"

                        (15)

                        in Appendix C, ‘Additional optional conditions’, the following point is added at the end of the Appendix:

                                    ‘20.

                                       Running dynamic behaviour

                                    The combination of maximum operating speed and maximum admissible cant deficiency shall be as shown in Table H.1 of EN 14363:2016.
                                    Units equipped with established running gear as described in chapter 6 of EN 16235:2013 are presumed to be in conformity with this requirement.’

               (*1)  Commission Decision 2007/756/EC of 9 November 2007 adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC (OJ L 305, 23.11.2007, p. 30).

               (*2)  Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC (OJ L 268, 26.10.2018, p. 53).

               (*3)  Commission Implementing Regulation (EU) 2019/779 of 16 May 2019 laying down detailed provisions on a system of certification of entities in charge of maintenance of vehicles pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 445/2011 (OJ L 139I , 27.5.2019, p. 360).’;

               (*4)  Commission Implementing Regulation (EU) 2019/776 of 16 May 2019 amending Commission Regulations (EU) No 321/2013, (EU) No 1299/2014, (EU) No 1301/2014, (EU) No 1302/2014, (EU) No 1303/2014 and (EU) 2016/919 and Commission Implementing Decision 2011/665/EU as regards the alignment with Directive (EU) 2016/797 of the European Parliament and of the Council and the implementation of specific objectives set out in Commission Delegated Decision (EU) 2017/1474 (OJ L 139 I, 27.5.2019, p. 108)’;’

            ANNEX II
            The Annex to Regulation (EU) No 1302/2014 is amended as follows:

                        (1)

                        in clause 4.2.2.5, point (5) the text ‘index 8, Table 1 section 5’ is replaced by ‘index 8,Table 1 section 4’;

                        (2)

                        in clause 4.2.2.5, point (6), the text ‘index 8, Table 3 of section 5’ is replaced by ‘index 8, Table 2 of section 5’;

                        (3)

                        in clause 4.2.2.5, point (7) is replaced by the following:

                                    ‘(7)

                                    Within the scope of the present TSI, the “collision speed” and “collision partner” when scenarios 1 and 2 are applied to locomotives fitted with automatic end centre buffer couplers and capable of a traction effort at coupling higher than 300 kN described in Table 2 of the specification referenced in appendix J-1, index 8 shall be:

                                                —

                                                20 km/h instead of 36 km/h for scenarios 1 and 2; and

                                                —

                                                the reference wagon described in appendix D instead of reference wagon described in annex C.1 of the specification referenced in appendix J-1, index 8 for scenario 2.

                           Note: such high traction effort is required for heavy haul freight locomotives.’;

                        (4)

                        in clause 6.2.3.7, the following sentence is added at the end of point (7):
                        ‘The verification carried out by the notified body shall ensure the consistency between the methodology of the alternative standards, the assumptions taken by the applicant, the intended technical solution and the intended area of use.’;

                        (5)

                        in clause 7.1.2.2, point (11) is replaced by the following:

                                    ‘(11)

                                    In order to establish the EC type or design examination certificate, the notified body selected by the entity managing the change may refer to:

                                                —

                                                the original EC type or design examination certificate for parts of the design that are unchanged or those that are changed but do not affect the conformity of the subsystem, as far as it is still valid (during 7 years phase B period);

                                                —

                                                additional EC type or design examination certificate (amending the original certificate) for modified parts of the design that affect the conformity of the subsystem with the latest revision of this TSI in force at that time.

                              The validity period of the EC type or design examination certificate for the modified type, type variant or type version shall be limited to 7 years from the date of issuing, without exceeding 14 years after the date of appointment of a notified body by the applicant for the initial rolling stock type (beginning of phase A of the original EC type or design examination certificate).’;

                        (6)

                        in clause 7.1.3.1, point (4) is replaced by the following:

                                    ‘(4)

                                    The TSI assessment basis for a type is defined for a phase A period, with a duration of maximum seven years. Without prejudice to clauses 7.1.1.4 to 7.1.1.8, during the phase A period the assessment basis for EC verification to be used by the notified body shall not change.’;

                        (7)

                        the following clause 7.1.4 is added:

                                    ‘7.1.4.

                                       Rules for the extension of the area of use for existing rolling stock having an authorisation in accordance with Directive 2008/57/EC or in operation before 19 July 2010

                                                (1)

                                                In the absence of full conformity with this TSI, point 2 applies to rolling stock that fulfils the following conditions when requesting the extension of its area of use in accordance with Article 21(13) of Directive (EU) 2016/797:

                                                            (a)

                                                            it has been authorised in accordance with Directive 2008/57/EC or put in operation before 19 July 2010;

                                                            (b)

                                                            it is registered with “Valid” registration code “00”, in the National Vehicle Register in accordance with Commission Decision 2007/756/EC (*1) or in the European Vehicle Register in accordance with Commission Implementing Decision (EU) 2018/1614 (*2) and maintained in a safe state of running in accordance with Commission Implementing Regulation (EU) 2019/779 (*3).

                                          The following provisions for extension of area of use apply also in combination with a new authorisation as defined in point (a) of Article 14(3) of Regulation (EU) 2018/545.

                                                (2)

                                                Authorisation for an extended area of use of the rolling stock referred to in point 1 shall be based on the existing authorisation, if any, and on the technical compatibility between the rolling stock and the network in accordance with point (d) of Article 21(3) of Directive (EU) 2016/797 and compliance with the Basic Design Characteristics of Table 17a and 17b of this TSI, taking into account any restrictions or limitations.

                                          The applicant shall provide an “EC declaration of verification” accompanied by technical files giving evidence of compliance with the requirements set out in this TSI, or with provisions having equivalent effect, for each basic parameter referred to in column 1 of Tables 17a and 17b and with the following clauses of this TSI:

                                                —

                                                4.2.4.2.2, 4.2.5.5.8, 4.2.5.5.9, 4.2.6.2.3, 4.2.6.2.4, 4.2.6.2.5, 4.2.8.2.7, 4.2.8.2.9.8 (when running through phase or system separation sections is managed automatically), 4.2.9.3.1, 4.2.9.6, 4.2.12 and 4.2.12.6

                                                —

                                                4.2.5.3 in Italy

                                                —

                                                4.2.5.3.5 and 4.2.9.2.1 in Germany

                                          through one or a combination of the following:

                                                (a)

                                                compliance with requirements set out in this TSI as referred above;

                                                (b)

                                                compliance with corresponding requirements set out in a previous TSI as referred above;

                                                (c)

                                                compliance with alternative specifications deemed to have equivalent effect to the relevant requirements set out in this TSI as referred above;

                                                (d)

                                                evidence that the requirements for technical compatibility with the network of the extended area of use are equivalent to the requirements for technical compatibility with the network for which the rolling stock is already authorised or in operation. Such evidence shall be provided by the applicant and may be based on the information of the register of railway infrastructure (RINF).

                                                (3)

                                                The equivalent effect of alternative specifications to the requirements of this TSI (point 2(c)) and the equivalence of requirements for technical compatibility with the network (point 2(d)) shall be justified and documented by the applicant by applying the risk management process set out in Annex I of Regulation (EU) No 402/2013. The justification has to be assessed and confirmed by an assessment body (CSM RA).

                                                (4)

                                                In addition to the requirements mentioned referred to in point 2 and where applicable, the applicant shall provide an “EC declaration of verification” accompanied by technical files giving evidence of compliance with the following:

                                                            (a)

                                                            specific cases relating to any part of the extended area of use, listed in this TSI, the TSI Noise (Regulation (EU) No 1304/2014), the TSI PRM (Regulation (EU) No 1300/2014) and CCS TSI (Regulation (EU) 2016/919);

                                                            (b)

                                                            the national rules referred to in points (a), (c) and (d) of Article 13(2) of Directive (EU) 2016/797 as notified in accordance with Article 14 of that Directive.

                                                (5)

                                                The authorising entity shall make publicly available through the Agency website details of the alternative specifications referred to in point 2(c) and of the requirements for technical compatibility with the network referred to in point 2(d) on the basis of which it granted authorisations for the extended area of use.

                                                (6)

                                                Where an authorised vehicle benefited from non-application of TSIs or part of them pursuant to Article 9 of Directive 2008/57/EC, the applicant shall seek derogation(s) in the Member States of the extended area of use in accordance to Article 7 of Directive (EU) 2016/797.

                                                (7)

                                                In accordance with Article 54(2) of Directive (EU) 2016/797, coaches used under Regolamento Internazionale Carrozze (RIC) shall be deemed authorised in accordance with the conditions under which they were used, including the area of use where they are operated. Following a change which requires a new authorisation for placing on the market in accordance with Article 21(12) of Directive (EU) 2016/797, coaches accepted under the latest RIC agreement shall conserve the area of use in which they were operating without further checks on the unchanged parts.

                           (*1)  Commission Decision 2007/756/EC of 9 November 2007 adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC (OJ L 305, 23.11.2007, p. 30)."

                           (*2)  Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC (OJ L 268, 26.10.2018, p. 53)."

                           (*3)  Commission Implementing Regulation (EU) 2019/779 of 16 May 2019 laying down detailed provisions on a system of certification of entities in charge of maintenance of vehicles pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 445/2011 (OJ L 139I , 27.5.2019, p. 360).’"

                        (8)

                        Clause 7.5.2.3 ‘Rules for extension of area of use for existing rolling stock not covered by an EC declaration of verification’ is replaced by:

                                    ‘7.5.2.3.

                                       Rules for implementation

                                    On 24 January 2020 the Commission sent a request to the European Union Agency for Railways for the preparation of the Digital rail and Green freight TSI revision package (2022 revision).
                                    Pursuant to Commission Delegated Decision (EU) 2017/1474, the Digital rail and Green freight TSI revision package shall include provisions reviewing and if possible simplifying the strategy for the application of the TSIs in a way ensuring a gradual, but timely reduction of the divergences from the target system while providing the predictability and legal certainty necessary to the sector. These provision shall cover future transition periods as well as the issue of the validity period of the certificates for interoperability constituents and subsystems.
                                    Furthermore, with the same objective of ensuring a gradual, but timely reduction of the divergences from the target system while providing the predictability and legal certainty necessary to the sector, provisions providing flexibility in the application of updated versions of standards shall be considered, including for those introduced in Annex IV (LOC&PAS 2019 TSI) to Commission Implementing Regulation (EU) 2019/776 (*4).

                           (*4)  Commission Implementing Regulation (EU) 2019/776 of 16 May 2019 amending Commission Regulations (EU) No 321/2013, (EU) No 1299/2014, (EU) No 1301/2014, (EU) No 1302/2014, (EU) No 1303/2014 and (EU) 2016/919 and Commission Implementing Decision 2011/665/EU as regards the alignment with Directive (EU) 2016/797 of the European Parliament and of the Council and the implementation of specific objectives set out in Commission Delegated Decision (EU) 2017/1474 (OJ L 139 I, 27.5.2019, p.108).’;"

                        (9)

                        Appendix D is replaced by the following:

                              ‘Appendix D
                              Reference wagon for locomotives fitted with automatic end centre buffer couplers and capable of a traction effort at coupling higher than 300 kN
                              For collisions between a train unit and a wagon fitted both with heavy duty couplers, the wagon shall be represented by a mass of 80 t which has only one degree of freedom in the translational x direction. The wagon interface geometry is shown in Figure D.1. The end wall and coupler head geometry shall be assumed to be rigid. It shall be equipped with a centre coupler with a stroke of 110 mm and the force-displacement characteristic indicated in Figure D.2. The total energy absorption capacity of the wagon coupler is 77 kJ.
                              The coupler head geometry and height above top of rail shall be the same as that of the impacting train unit. The longitudinal distance of the coupler plane to the end wall of the wagon shall be 645 mm. For simplification it is allowed to model the coupler heads using the geometry and height given in Figure D.1.
                              Dimensions in millimetres

                        ;

                        (10)

                        in Appendix J-1, Index No 8 of the table is replaced by the following:

                                    ‘8

                                    Passive safety – general

                                    4.2.2.5

                                    EN 15227:2008+A1:2010

                                    relevant cl. (1)
                                    Except Annex A

                                    Passive safety – categorisation

                                    4-table 1

                                    Passive safety – scenarios

                                    5-table 2, 6.

                                    Passive safety – obstacle deflector

                                    6,5’

                        (11)

                        in Appendix J-1, Index No 10 of the table is replaced by the following:

                                    ‘10

                                    Lifting and jacking – marking

                                    4.2.2.6

                                    EN 15877-2:2013

                                    4.5.19’

                        (12)

                        in Appendix J-1, Index No 36 of the table is replaced by the following:

                                    ‘36

                                    Environmental conditions – obstacle deflector

                                    4.2.6.1.2

                                    EN 15227:2008
                                    +A1:2010

                                    relevant cl. (1)’

                        (13)

                        in Appendix J-2, Index No 2 of the table is deleted.

               (*1)  Commission Decision 2007/756/EC of 9 November 2007 adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC (OJ L 305, 23.11.2007, p. 30).

               (*2)  Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC (OJ L 268, 26.10.2018, p. 53).

               (*3)  Commission Implementing Regulation (EU) 2019/779 of 16 May 2019 laying down detailed provisions on a system of certification of entities in charge of maintenance of vehicles pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 445/2011 (OJ L 139I , 27.5.2019, p. 360).’

               (*4)  Commission Implementing Regulation (EU) 2019/776 of 16 May 2019 amending Commission Regulations (EU) No 321/2013, (EU) No 1299/2014, (EU) No 1301/2014, (EU) No 1302/2014, (EU) No 1303/2014 and (EU) 2016/919 and Commission Implementing Decision 2011/665/EU as regards the alignment with Directive (EU) 2016/797 of the European Parliament and of the Council and the implementation of specific objectives set out in Commission Delegated Decision (EU) 2017/1474 (OJ L 139 I, 27.5.2019, p.108).’;’

            ANNEX III
            In the Annex to Regulation (EU) 2016/919, the following clause 7.4.2.4 is added:

                        ‘7.4.2.4

                           Rules for the extension of the area of use for existing vehicle

                        The following rules apply to existing vehicles in operation and registered in the National Vehicle Register in accordance with Commission Decision 2007/756/EC (*1), or in the European Vehicle Register in accordance with Commission Implementing Decision (EU) 2018/1614 (*2), when requesting an extension of the area of use:

                                    (1)

                                    Vehicles shall comply with relevant special provisions applicable in the specific cases referred to in clause 7.6 of this Annex and with relevant national rules referred to in points (a), (c) and (d) of Article 13(2) of Directive (EU) 2016/797 notified in accordance with Article 14 of that Directive. In addition, in cases of partial fulfilment of the requirements in this TSI, provisions in point 6.1.1.3(3) shall apply.

                                    (2)

                                    Vehicles already equipped with ETCS or GSM-R do not need to be upgraded, except where required for technical compatibility.

                                    (3)

                                    Vehicles that are not already equipped with ETCS shall install ETCS and comply with sets of specifications #2 or #3 referred to in Tables A 2.2 and A 2.3 of Annex A. Except where required for technical compatibility, the requirement to be equipped with ETCS shall not apply to:

                                                (a)

                                                vehicles not specially designed for operation on high-speed lines (*3), if authorised before 1 January 2015;

                                                (b)

                                                vehicles not specially designed for operation on high-speed lines, authorised as of 1 January 2015, in either of the following situations:

                                                            (i)

                                                            if they are intended exclusively for operations in one Member State outside the corridors specified in Annex I to Implementing Regulation (EU) 2017/6 and outside the lines ensuring the connections to the main European ports, marshalling yards, freight terminals and freight transport areas as referred to in Annex II to Regulation (EU) No 1315/2013;

                                                            (ii)

                                                            if they are intended for off-TEN cross-border service, namely service until the first station in the neighbouring country or to the first station where there are connections further in the neighbouring country utilising only lines outside of the TEN;

                                                (c)

                                                vehicles in Member States applying Article 7.4.3(2), where the area of the use following the Extension of Area of Use is exclusively within the same Member State, except when the area of use following the Extension of Area of Use includes more than 150 km of a section equipped with ETCS at the time of the Extension of Area of Use or to be equipped with ETCS within 5 years after the Extension of the Area of Use of those vehicles;

                                                (d)

                                                mobile railway infrastructure construction and maintenance equipment;

                                                (e)

                                                shunting locomotives.

                                    (4)

                                    Vehicles that are not yet equipped with GSM-R voice radio shall install GSM-R voice cab radio and comply with the specifications referred to in Tables A 2.1, A 2.2 and A 2.3 of Annex A when the vehicle is intended for use on a network including at least one point equipped with GSM-R, except if superimposed to a legacy radio communication system compatible with the class B already installed in the vehicle.

                                    (5)

                                    Vehicles that are not yet equipped with GSM-R for ETCS data shall install GSM-R ETCS Data only Radio and comply with the specifications referred to in Tables A 2.1, A 2.2 and A 2.3 of Annex A when the vehicle is required to install ETCS in accordance with point 3 and it is intended to operate in a network in the extended area of use that is equipped with only ETCS Level 2 or 3.

                                    (6)

                                    Where an authorised vehicle benefited from non-application of TSIs or part of them pursuant to Article 9 of Directive 2008/57/EC, the applicant shall seek derogation(s) in the Member States of the extended area of use in accordance to Article 7 of Directive (EU) 2016/797.

               (*1)  Commission Decision 2007/756/EC of 9 November 2007 adopting a common specification of the national vehicle register provided for under Articles 14(4) and (5) of Directives 96/48/EC and 2001/16/EC (OJ L 305, 23.11.2007, p. 30).

               (*2)  Commission Implementing Decision (EU) 2018/1614 of 25 October 2018 laying down specifications for the vehicle registers referred to in Article 47 of Directive (EU) 2016/797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007/756/EC (OJ L 268, 26.10.2018, p. 53).

               (*3)  As set out in Annex I of Directive (EU) 2016/797.’.’


title: Commission Implementing Regulation (EU) 2020/390 of 10 March 2020 amending for the 312th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations

text:
                  11.3.2020

                  EN

                  Official Journal of the European Union

                  L 74/20

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/390
         of 10 March 2020
         amending for the 312th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (1), and in particular Article 7(1)(a) and Article 7a(1) thereof,
         Whereas:

                     (1)

                     Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

                     (2)

                     On 4 March 2020, the Sanctions Committee of the United Nations Security Council decided to add three entries to the list of persons, groups and entities to whom the freezing of funds and economic resources should apply.

                     (3)

                     Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly.

                     (4)

                     In order to ensure that the measures provided for in this Regulation are effective it should enter into force immediately,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 10 March 2020.

                  For the Commission,

                  On behalf of the President,

                  Director-General

                  Directorate-General for Financial Stability, Financial Services and Capital Markets Union

            (1)  OJ L 139 29.5.2002, p. 9.

            ANNEX
            In Annex I to Regulation (EC) No 881/2002 the following entries are added under the heading ‘Legal persons, groups and entities’:

                        (1)

                        ‘Jamaah Ansharut Daulah (alias: (a) Jemaah Anshorut Daulah; (b) Jamaah Ansharut Daulat. Other information: established in 2015 as an umbrella group of Indonesian extremist groups that pledged allegiance to then-ISIL leader Abu Bakr al-Baghdadi. Associated with Islamic State in Iraq and the Levant, listed as Al-Qaida in Iraq (QDe.115). Date of designation referred to in Article 7e(e): 04.03.2020.’

                        (2)

                        ‘Islamic State in Iraq and the Levant – Libya (original script: الدولة الإسلامية في العراق والشام – ليبيا) (alias: (a) Islamic state of Iraq and the Levant in Libya; (b) Wilayat Barqa; (c) Wilayat Fezzan; (d) Wilayat Tripolitania; (e) Wilayat Tarablus; (f) Wilayat Al-Tarablus. Other information: formed in November 2014 upon announcement by Abu Bakr Al-Baghdadi, listed as Ibrahim Awwad Ibrahim Ali Al-Badri Al-Samarrai (QDi.299). Associated with Islamic State in Iraq and the Levant, listed as Al-Qaida in Iraq (QDe.115). Date of designation referred to in Article 7e(e): 04.03.2020.’

                        (3)

                        ‘Islamic State in Iraq and the Levant – Yemen (original script: الدولة الإسلامية في العراق والشام – اليمن) (alias: (a) Islamic State of Iraq and the Levant of Yemen; (b) Islamic State in Yemen; (c) ISIL in Yemen; (d) ISIS in Yemen; (e) Wilayat al-Yemen, Province of Yemen. Other information: formed in November 2014 upon acceptance of oaths of allegiance by Abu Bakr Al-Baghdadi, listed as Ibrahim Awwad Ibrahim Ali Al-Badri Al-Samarrai (QDi.299). Associated with Islamic State in Iraq and the Levant, listed as Al-Qaida in Iraq (QDe.115). Date of designation referred to in Article 7e(e): 04.03.2020.’


title: Commission Implementing Regulation (EU) 2020/393 of 11 March 2020 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Russia in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to Newcastle disease (Text with EEA relevance)

text:
                  12.3.2020

                  EN

                  Official Journal of the European Union

                  L 76/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/393
         of 11 March 2020
         amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Russia in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union in relation to Newcastle disease
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, the first subparagraph of point 1 of Article 8, point 4 of Article 8 and Article 9(4)(c) thereof,
         Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (2), and in particular Articles 23(1), 24(2) and Article 25(2) thereof,
         Whereas:

                     (1)

                     Commission Regulation (EC) No 798/2008 (3) lays down veterinary certification requirements for imports into and transit, including storage during transit, through the Union of poultry and poultry products (the commodities). It provides that the commodities are only to be imported into and transit through the Union from the third countries, territories, zones or compartments listed in columns 1 and 3 of the table in Part 1 of Annex I thereto.

                     (2)

                     Regulation (EC) No 798/2008 also lays down the conditions for a third country, territory, zone or compartment to be considered as free from highly pathogenic avian influenza (HPAI) and from Newcastle disease.

                     (3)

                     Russia is listed in the table in Part 1 of Annex I to Regulation (EC) No 798/2008 as a third country from which imports into and transit through the Union of certain poultry commodities are authorised from the whole of its territory. However, the authorisation of Russia for meat of poultry for human consumption intended for import into or transit through the Union has been suspended since 17 November 2016, due to the confirmation of outbreaks of HPAI of subtype H5N8 in poultry holdings on its territory.

                     (4)

                     On 28 January 2019, Russia confirmed the presence of Newcastle disease in a poultry holding on its territory. Since then Russia has confirmed several outbreaks of Newcastle disease in poultry holdings on its territory.

                     (5)

                     In August 2019, the veterinary authorities of Russia submitted information to the Commission on the outbreaks of Newcastle disease on its territory since January 2019.

                     (6)

                     Due to those confirmed outbreaks of Newcastle disease, Russia cannot be considered as free from that disease and the veterinary authorities of Russia are not in the position to certify consignments of meat of poultry for human consuption intended for import into or transit through the Union.

                     (7)

                     For reasons of clarity and legal certainty the entry for Russia in the table in Part 1 of Annex I to Regulation (EC) No 798/2008 should be amended to take account of the epidemiological situation in that third country and indicate the closing date from which that third country cannot be considered as free from Newcastle disease.

                     (8)

                     Annex I to Regulation (EC) No 798/2008 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
            Part 1 of Annex I to Regulation (EC) No 798/2008 is amended in accordance with the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the third 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, 11 March 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 18, 23.1.2003, p. 11.

            (2)  OJ L 343, 22.12.2009, p. 74.

            (3)  Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (OJ L 226, 23.8.2008, p. 1).

            ANNEX
            In part 1 of Annex I to Regulation (EC) No 798/2008, the entry for Russia is replaced by the following:

                           ISO code and name of third country or territory

                           Code of third country, territory, zone or compartment

                           Description of third country, territory, zone or compartment

                           Veterinary certificate

                           Specific conditions

                           Specific conditions

                           Avian influenza surveillance status

                           Avian influenza vaccination status

                           Salmonella Control Status(6)

                           Model(s)

                           Additional guarantees

                           Closing date(1)

                           Opening date(2)

                           1

                           2

                           3

                           4

                           5

                           6

                           6A

                           6B

                           7

                           8

                           9

                           ‘RU-Russia

                           RU-0

                           Whole country

                           EP, E

                           S4’

                           POU

                           P2

                           17.11.2016

                           P3

                           28.1.2019


title: Commission Implementing Regulation (EU) 2020/624 of 30 April 2020 entering a name in the register of protected designations of origin and protected geographical indications (Cappero delle Isole Eolie (PDO))

text:
                  7.5.2020

                  EN

                  Official Journal of the European Union

                  L 144/12

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/624
         of 30 April 2020
         entering a name in the register of protected designations of origin and protected geographical indications (Cappero delle Isole Eolie (PDO))
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
         Whereas:

                     (1)

                     Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy’s application to register the name ‘Cappero delle Isole Eolie’ was published in the Official Journal of the European Union (2).

                     (2)

                     The Commission received a notice of opposition including a reasoned statement of opposition under Article 51(1) and (2) of Regulation (EU) No 1151/2012 on behalf of the municipalities Malfa, Leni, and Santa Maria Salina, and held it to be inadmissible. In accordance with the first subparagraph of Article 49(3) in conjunction with Article 51 of Regulation (EU) No 1151/2012, natural or legal persons having a legitimate interest, established or resident in the Member State from which the application was lodged, are authorised to lodge a notice of opposition only through the national opposition procedure.

                     (3)

                     The name ‘Cappero delle Isole Eolie’ should therefore be entered in the register,

               HAS ADOPTED THIS REGULATION:

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

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

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

                  For the Commission,

                  On behalf of the President,

               Janusz WOJCIECHOWSKI

                  Member of the Commission

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

            (2)  OJ C 402, 28.11.2019, p. 26.

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