title: Commission Implementing Regulation (EU) 2019/791 of 16 May 2019 amending for the 302nd 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:
                  17.5.2019

                  EN

                  Official Journal of the European Union

                  L 129/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/791
         of 16 May 2019
         amending for the 302nd 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) and 7a(5) 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 14 May 2019, the Sanctions Committee of the United Nations Security Council decided to add one entry and to remove one entry from the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly.

                     (3)

                     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, 16 May 2019.

                  For the Commission,

                  On behalf of the President,

                  Head of the Service for Foreign Policy Instruments

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

            ANNEX
            Annex I to Regulation (EC) No 881/2002 is amended as follows:

                        (1)

                        The following entry shall be added under the heading ‘Legal persons, groups and entities’: ‘Islamic State in Iraq and the Levant – Khorasan (ISIL- K) (alias (a) ISIL Khorasan (b) Islamic State's Khorasan Province (c) ISIS Wilayat Khorasan (d) ISIL's South Asia Branch e) South Asian Chapter of ISIL). Other information: Islamic State of Iraq and the Levant - Khorasan (ISIL - K) was formed on January 10, 2015 by a former Tehrik-e Taliban Pakistan (TTP) commander and was established by former Taliban faction commanders who swore an oath of allegiance to the Islamic State of Iraq and the Levant (listed as Al-Qaida in Iraq). ISIL – K has claimed responsibility for numerous attacks in both Afghanistan and Pakistan. Date of designation referred to in Article 7e(e): 14.5.2019.’

                        (2)

                        The following entry under the heading ‘Natural persons’ is deleted: ‘Nessim Ben Mohamed Al-Cherif Ben Mohamed Saleh Al-Saadi (alias (a) Nassim Saadi, (b) Dia el Haak George, (c) Diael Haak George, (d) El Dia Haak George, (e) Abou Anis, (f) Abu Anis). Address: (a) Via Monte Grappa 15, Arluno (Milan), Italy; (b) Via Cefalonia 11, Milan, Italy (domicile, last known address). Date of birth: (a) 30.11.1974, (b) 20.11.1974. Place of birth: (a) Haidra Al-Qasreen, Tunisia; (b) Lebanon; (c) Algeria. Nationality: Tunisian. Passport No: M788331 (Tunisian passport issued on 28.9.2001, expired on 27.9.2006). Other information: (a) In detention in Italy until 27.4.2012; (b) Father's name is Mohamed Sharif; (c) Mother's name is Fatima. Date of designation referred to in Article 2a (4) (b): 12.11.2003.’


title: Commission Implementing Regulation (EU) 2019/1025 of 18 June 2019 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Pruneaux d'Agen’/‘Pruneaux d'Agen mi-cuits’ (PGI)

text:
                  24.6.2019

                  EN

                  Official Journal of the European Union

                  L 167/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1025
         of 18 June 2019
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Pruneaux d'Agen’/‘Pruneaux d'Agen mi-cuits’ (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 the approval of amendments to the specification for the protected geographical indication ‘Pruneaux d'Agen’/‘Pruneaux d'Agen mi-cuits’, registered under Commission Regulation (EC) No 2066/2002 (2). These amendments include changing the name ‘Pruneaux d'Agen’/‘Pruneaux d'Agen mi-cuits’ to ‘Pruneaux d'Agen’.

                     (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 ‘Pruneaux d'Agen’/‘Pruneaux d'Agen mi-cuits’ (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, 18 June 2019.

                  For the Commission,

                  On behalf of the President,

               Phil HOGAN

                  Member of the Commission

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

            (2)  Commission Regulation (EC) No 2066/2002 of 21 November 2002 supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain names in the Register of protected designations of origin and protected geographical indications provided for in Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (Carne de Bovino Cruzado dos Lameiros do Barroso, Pruneaux d'Agen — Pruneaux d'Agen mi-cuits, Carciofo romanesco del Lazio, Aktinidio Pierias, Milo Kastorias, Welsh Beef) (OJ L 318, 22.11.2002, p. 4).

            (3)  OJ C 36, 29.1.2019, p. 5.


title: Commission Implementing Regulation (EU) 2019/1026 of 21 June 2019 on technical arrangements for developing, maintaining and employing electronic systems for the exchange of information and for the storage of such information under the Union Customs Code

text:
                  24.6.2019

                  EN

                  Official Journal of the European Union

                  L 167/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1026
         of 21 June 2019
         on technical arrangements for developing, maintaining and employing electronic systems for the exchange of information and for the storage of such information under the Union Customs Code
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 952/2013 of the European Parliament and the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Articles 8(1)(b) and 17 thereof,
         Whereas:

                     (1)

                     Article 6(1) of Regulation (EU) No 952/2013 (‘the Code’) requires that all exchanges of information, such as declarations, applications or decisions, between customs authorities and between economic operators and customs authorities, and the storage of that information, as required under the customs legislation, are made by using electronic data-processing techniques.

                     (2)

                     Commission Implementing Decision (EU) 2016/578 (2) establishes the Work Programme for the implementation of the electronic systems required for the application of the Code, which are to be developed through projects listed in section II of the Annex to that Decision.

                     (3)

                     Important technical arrangements for the functioning of the electronic systems should be specified, such as arrangements for development, testing and deployment as well as for maintenance and for changes to be introduced in the electronic systems. Further arrangements should be specified concerning data protection, updating of data, limitation of data processing and systems ownership and security.

                     (4)

                     In order to safeguard the rights and interests of the Union, Member States and economic operators, it is important to lay down the procedural rules and provide for alternative solutions to be implemented in the event of a temporary failure of the electronic systems.

                     (5)

                     The Customs Decisions system, developed through the UCC Customs Decisions project referred to in Implementing Decision (EU) 2016/578, pursues the objective of harmonising the processes for the application for a customs decision, for the decision taking and the decision management in the whole of the Union using only electronic data-processing techniques. It is therefore necessary to lay down the rules governing that electronic system. The scope of the system should be determined by reference to the customs decisions which are to be applied for, taken and managed using that system. Detailed rules should be set out for the system's common components (EU trader portal, central customs decisions management system and customer reference services) and national components (national trader portal and national customs decisions management system), by specifying their functions and their interconnections.

                     (6)

                     Furthermore, rules have to be put in place concerning the data relating to authorisations that are already stored in existing electronic systems, such as the Regular Shipping Service system (RSS), and national systems and that have to be migrated to the Customs Decisions System.

                     (7)

                     The Uniform User Management and Digital Signature system, developed through the Direct Trader Access to the European Information Systems (Uniform User Management & Digital Signature) project referred to in Implementing Decision (EU) 2016/578, is to manage the authentication and access verification process for economic operators and other users. Detailed rules need to be set out regarding the scope and characteristics of the system by defining the different components (common and national components) of the system, their functions and interconnections. However, the ‘Digital Signature’ functionality is not yet available as part of the Uniform User Management and Digital Signature system. No detailed rules could therefore be laid down regarding that functionality in this Regulation.

                     (8)

                     The European Binding Tariff Information (EBTI) system, as upgraded through the UCC Binding Tariff Information (BTI) project referred to in Implementing Decision (EU) 2016/578, is aimed at aligning the processes for applying for, taking and managing BTI decisions with the requirements of the Code using only electronic data-processing techniques. It is therefore necessary to lay down rules governing that system. Detailed rules should be laid down for the system's common components (EU trader portal, central EBTI system and BTI usage monitoring) and national components (national trader portal and national BTI system), by specifying their functions and interconnections. Moreover, the project aims to facilitate the monitoring of compulsory BTI usage and the monitoring and management of BTI extended usage.

                     (9)

                     The Economic Operator Registration and Identification (EORI) system, as upgraded through the UCC Economic Operator Registration and Identification system (EORI 2) project referred to in Implementing Decision (EU) 2016/578, is aimed at upgrading the existing trans-European EORI system, which enables the registration and identification of economic operators of the Union and of third country economic operators and other persons for the purposes of applying the customs legislation of the Union. It is therefore necessary to lay down rules governing the system by specifying the components (central EORI system and national EORI systems) and the use of the EORI system.

                     (10)

                     The Authorised Economic Operator (AEO) system, as upgraded through the UCC Authorised Economic Operator (AEO) project referred to in Implementing Decision (EU) 2016/578, is aimed at improving the business processes relating to AEO applications and authorisations and their management. The system is also aimed at implementing the electronic form to be used for AEO applications and decisions, and providing economic operators with an EU Harmonised Trader Interface (e-AEO Direct Trader Access) through which to submit AEO applications and receive AEO decisions electronically. Detailed rules should be laid down for the system's common components.

                     (11)

                     Commission Implementing Regulation (EU) 2017/2089 (3) sets out technical arrangements for developing, maintaining and employing electronic systems for the exchange of information and for the storage of such information under the Code. That Implementing Regulation currently covers the Customs Decisions and the Uniform User Management and Digital Signature systems, which became operational in October 2017. Three other systems (EBTI, EORI and AEO) will soon become operational and, therefore, technical arrangements should also be specified for them. Given the number of changes to Implementing Regulation (EU) 2017/2089 that would be necessary, and for reasons of clarity, that Regulation should be repealed and replaced.

                     (12)

                     This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, and notably the right to protection of personal data. Where for the purposes of the application of the customs legislation of the Union it is necessary to process personal data in the electronic systems, those data must be processed in accordance with Regulations (EU) 2016/679 (4) and (EU) 2018/1725 (5) of the European Parliament and of the Council. The personal data of economic operators and other persons processed by the electronic systems are restricted to the dataset as defined in Annex A, Title I, Chapter 1, Group 3 — Parties and Annex A, Title I, Chapter 2, Group 3 — Parties and Annex 12-01 to Commission Delegated Regulation (EU) 2015/2446 (6).

                     (13)

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

               HAS ADOPTED THIS REGULATION:
         CHAPTER I

            GENERAL PROVISIONS

            Article 1
            Scope
            This Regulation shall apply to the following electronic systems as developed or upgraded through the following projects referred to in the Annex to Implementing Decision (EU) 2016/578:

                        (a)

                        the Customs Decisions system (CDS), as developed through the UCC Customs Decisions project;

                        (b)

                        the Uniform User Management and Digital Signature (UUM&DS) system, as developed through the Direct Trader Access to the European Information Systems (Uniform User Management & Digital Signature) project;

                        (c)

                        the European Binding Tariff Information (EBTI) system, as upgraded through the UCC Binding Tariff Information (BTI) project;

                        (d)

                        the Economic Operator Registration and Identification (EORI) system, as upgraded in line with the requirements of the Code through the EORI2 project;

                        (e)

                        the Authorised Economic Operator (AEO) system, as upgraded in line with the requirements of the Code through the Authorised Economic Operator (AEO)project.

            Article 2
            Definitions
            For the purposes of this Regulation, the following definitions shall apply:

                        (1)

                        ‘common component’ means a component of the electronic systems developed at Union level, which is available to all Member States;

                        (2)

                        ‘national component’ means a component of the electronic systems developed at national level, which is available in the Member State that created it.

            Article 3
            Contact points for the electronic systems
            The Commission and the Member States shall designate contact points for each of the electronic systems for the purposes of exchanging information to ensure a coordinated development, operation and maintenance of those electronic systems.
            They shall communicate the details of those contact points to each other and inform each other immediately of any changes to those details.

         CHAPTER II

            CUSTOMS DECISIONS SYSTEM

            Article 4
            Object and structure of the CDS

               1.   The CDS shall enable communication between the Commission, Member States, economic operators and other persons for the purposes of submitting and processing applications and decisions referred to in Article 5(1), as well as the management of decisions related to the authorisations, namely, amendments, revocations, annulments and suspensions.

               2.   The CDS shall consist of the following common components:

                           (a)

                           an EU trader portal;

                           (b)

                           a central customs decisions management system (‘central CDMS’);

                           (c)

                           customer reference services.

               3.   Member States may create the following national components:

                           (a)

                           a national trader portal;

                           (b)

                           a national customs decisions management system (‘national CDMS’).

            Article 5
            Use of the CDS

               1.   The CDS shall be used for the purposes of submitting and processing applications for the following authorisations, as well as the management of decisions related to the applications or authorisations:

                           (a)

                           authorisation for the simplification of the determination of amounts being part of the customs value of the goods, as referred to in Article 73 of the Code;

                           (b)

                           authorisation for the provision of a comprehensive guarantee, including possible reduction or waiver, as referred to in Article 95 of the Code;

                           (c)

                           authorisation of deferment of the payment of the duty payable, as far as the permission is not granted in relation to a single operation, as referred to in Article 110 of the Code;

                           (d)

                           authorisation for the operation of temporary storage facilities, as referred to in Article 148 of the Code;

                           (e)

                           authorisation to establish regular shipping services, as referred to in Article 120 of Delegated Regulation (EU) 2015/2446;

                           (f)

                           authorisation for the status of authorised issuer, as referred to in Article 128 of Delegated Regulation (EU) 2015/2446;

                           (g)

                           authorisation for the regular use of a simplified declaration, as referred to in Article 166(2) of the Code;

                           (h)

                           authorisation for centralised clearance, as referred to in Article 179 of the Code;

                           (i)

                           authorisation to lodge a customs declaration through an entry of data in the declarant's records, including for the export procedure, as referred to in Article 182 of the Code;

                           (j)

                           authorisation for self-assessment, as referred to in Article 185 of the Code;

                           (k)

                           authorisation for the status of an authorised weigher of bananas, as referred to in Article 155 of Delegated Regulation (EU) 2015/2446;

                           (l)

                           authorisation for the use of the inward processing procedure, as referred to in Article 211(1)(a) of the Code;

                           (m)

                           authorisation for the use of the outward processing procedure, as referred to in Article 211(1)(a) of the Code;

                           (n)

                           authorisation for the use of the end-use procedure, as referred to in Article 211(1)(a) of the Code;

                           (o)

                           authorisation for the use of the temporary admission procedure, as referred to in Article 211(1)(a) of the Code;

                           (p)

                           authorisation for the operation of storage facilities for customs warehousing of goods, as referred to in Article 211(1)(b) of the Code;

                           (q)

                           authorisation for the status of an authorised consignee for TIR operation, as referred to in Article 230 of the Code;

                           (r)

                           authorisation for the status of an authorised consignor for Union transit, as referred to in Article 233(4)(a) of the Code;

                           (s)

                           authorisation for the status of an authorised consignee for Union transit, as referred to in Article 233(4)(b) of the Code;

                           (t)

                           authorisation to use of seals of a special type, as referred to in Article 233(4)(c) of the Code;

                           (u)

                           authorisation to use a transit declaration with a reduced dataset, as referred to in Article 233(4)(d) of the Code;

                           (v)

                           authorisation for the use of an electronic transport document as a customs declaration, as referred to in Article 233(4)(e) of the Code.

               2.   The common components of the CDS shall be used with respect to applications and authorisations referred to in paragraph 1, as well as the management of decisions related to those applications and authorisations where those authorisations or decisions may have an impact in more than one Member State.

               3.   A Member State may decide that the common components of the CDS may be used with respect to applications and authorisations referred to in paragraph 1, as well as the management of decisions related to those applications and authorisations where those authorisations or decisions have an impact only in that Member State.

               4.   The CDS shall not be used with respect to applications, authorisations or decisions other than those listed to in paragraph 1.

            Article 6
            Authentication and access to the CDS

               1.   The authentication and access verification of economic operators and other persons for the purposes of access to the common components of the CDS shall be effected using the Uniform User Management and Digital Signatures (UUM&DS) system referred to in Article 14.
               For customs representatives to be authenticated and be able to access the common components of the CDS, their empowerment to act in that capacity must be registered in the UUM&DS system or in an identity and access management system set up by a Member State pursuant to Article 18.

               2.   The authentication and access verification of Member States' officials for the purposes of access to the common components of the CDS shall be effected using the network services provided by the Commission.

               3.   The authentication and access verification of Commission's staff for the purposes of access to the common components of the CDS shall be effected using the UUM&DS system or the network services provided by the Commission.

            Article 7
            EU trader portal

               1.   The EU trader portal shall be an entry point to the CDS for economic operators and other persons.

               2.   The EU trader portal shall interoperate with the central CDMS as well as with national CDMS where created by Member States.

               3.   The EU trader portal shall be used for applications and authorisations referred to in Article 5(1), as well as the management of decisions related to those applications and authorisations where those authorisations or decisions may have an impact in more than one Member State.

               4.   A Member State may decide that the EU trader portal may be used for applications and authorisations referred to in Article 5(1), as well as the management of decisions related to those applications and authorisations where those authorisations or decisions have an impact only in that Member State.
               Where a Member State takes a decision to use the EU trader portal for authorisations or decisions that have an impact only in that Member State, it shall inform the Commission thereof.

            Article 8
            Central CDMS

               1.   The central CDMS shall be used by the customs authorities for processing of the applications and authorisations referred to in Article 5(1), as well as the management of decisions related to those applications and authorisations for the purposes of verifying whether the conditions for the acceptance of an application and for taking a decision are fulfilled.

               2.   The central CDMS shall interoperate with the EU trader portal, the customer reference services and with the national CDMS, where created by the Member States.

            Article 9
            Consultation between the customs authorities using the CDS
            A customs authority of a Member State shall use the central CDMS when it needs to consult a customs authority of another Member State before taking a decision regarding the applications or authorisations referred to in Article 5(1).

            Article 10
            Customer reference services
            The customer reference services shall be used for the central storage of data relating to the authorisations referred to in Article 5(1), as well as decisions related to those authorisations, and shall enable the consultation, replication and validation of those authorisations by other electronic systems established for the purposes of Article 16 of the Code.

            Article 11
            National trader portal

               1.   The national trader portal, where created, shall be an additional entry point to the CDS for economic operators and other persons.

               2.   With respect to applications and authorisations referred to in Article 5(1), as well as the management of decisions related to those applications and authorisations where those authorisations or decisions may have an impact in more than one Member State, economic operators and other persons may choose to use the national trader portal, where created, or the EU trader portal.

               3.   The national trader portal shall interoperate with the national CDMS, where created.

               4.   Where a Member State creates a national trader portal, it shall inform the Commission thereof.

            Article 12
            National CDMS

               1.   A national CDMS, where created, shall be used by the customs authority of the Member State which created it for processing the applications and authorisations referred to in Article 5(1), as well as the management of decisions related to those applications and authorisations for the purposes of verifying whether the conditions for the acceptance of an application and for taking a decision are fulfilled.

               2.   The national CDMS shall interoperate with the central CDMS for the purposes of consultation between the customs authorities as referred to in Article 9.

            Article 13
            Migration of data relating to authorisations to the CDS

               1.   The data relating to authorisations referred to in Article 5(1) where those authorisations were issued as of 1 May 2016 or granted according to Article 346 of Commission Implementing Regulation (EU) 2015/2447 (7) and may have an impact in more than one Member State, shall be migrated and stored in the CDS if such authorisations are valid on the date of migration. The migration shall take place by 1 May 2019 at the latest.
               A Member State may decide to apply the first subparagraph also to authorisations referred to in Article 5(1) that have an impact only in that Member State.

               2.   The customs authorities shall ensure that the data to be migrated in accordance with paragraph 1 comply with the data requirements laid down in Annex A to Delegated Regulation (EU) 2015/2446 and Annex A to Implementing Regulation (EU) 2015/2447. For that purpose, they may request the necessary information from the holder of the authorisation.

         CHAPTER III

            UNIFORM USER MANAGEMENT AND DIGITAL SIGNATURE SYSTEM

            Article 14
            Object and structure of the UUM&DS system

               1.   The UUM&DS system shall enable the communication between the Commission and the Member States' identity and access management systems referred to in Article 18 for the purposes of providing secure authorised access to the electronic systems to the Commission's staff, economic operators and other persons.

               2.   The UUM&DS system shall consist of the following common components:

                           (a)

                           an access management system;

                           (b)

                           an administration management system;

               3.   A Member State shall create an identity and access management system as a national component of the UUM&DS system.

            Article 15
            Use of the UUM&DS system
            The UUM&DS system shall be used to ensure the authentication and access verification of:

                        (a)

                        economic operators and other persons for the purposes of having access to the common components of the CDS, the EBTI system and the AEO system;

                        (b)

                        the Commission's staff for the purposes of having access to the common components of the CDS, the EBTI system, the EORI system and AEO system and for the purposes of maintenance and management of the UUM&DS system.

            Article 16
            Access management system
            The Commission shall set up the access management system to validate the access requests submitted by economic operators and other persons within the UUM&DS system by interoperating with the Member States' identity and access management systems referred to in Article 18.

            Article 17
            Administration management system
            The Commission shall set up the administration management system to manage the authentication and authorisation rules for validating the identification data of economic operators and other persons for the purposes of allowing access to the electronic systems.

            Article 18
            Member States' identity and access management systems
            The Member States shall set up an identity and access management system to ensure:

                        (a)

                        a secure registration and storage of identification data of economic operators and other persons;

                        (b)

                        a secure exchange of signed and encrypted identification data of economic operators and other persons.

         CHAPTER IV

            EUROPEAN BINDING TARIFF INFORMATION SYSTEM

            Article 19
            Object and structure of the EBTI system

               1.   The EBTI system shall in accordance with Articles 33 and 34 of the Code enable the following:

                           (a)

                           communication between the Commission, Member States, economic operators and other persons for the purposes of submitting and processing BTI applications and BTI decisions;

                           (b)

                           the management of any subsequent event which may affect the original application or decision;

                           (c)

                           the monitoring of the compulsory use of BTI decisions;

                           (d)

                           the monitoring and management of the extended use of BTI decisions.

               2.   The EBTI system shall consist of the following common components:

                           (a)

                           an EU trader portal;

                           (b)

                           a central EBTI system;

                           (c)

                           capability to monitor the usage of BTI decisions.

               3.   Member States may create, as a national component, a national binding tariff information system (‘national BTI system’) together with a national trader portal.

            Article 20
            Use of the EBTI system

               1.   The EBTI system shall be used for the submission, process, exchange and storage of information pertaining to applications and decisions related to BTI or to any subsequent event which may affect the original application or decision as referred to in Article 21(1) of Implementing Regulation (EU) 2015/2447.

               2.   The EBTI system shall be used to support the monitoring by the customs authorities of the compliance with the obligations resulting from the BTI in accordance with Article 21(3) of Implementing Regulation (EU) 2015/2447.

               3.   The EBTI system shall be used by the Commission to inform the Member States, pursuant to the third subparagraph of Article 22(2) of Implementing Regulation (EU) 2015/2447, as soon as the quantities of goods that may be cleared during a period of extended use have been reached.

            Article 21
            Authentication and access to the EBTI system

               1.   The authentication and access verification of economic operators and other persons for the purposes of access to the common components of the EBTI system shall be effected using the UUM&DS system referred to in Article 14.
               For customs representatives to be authenticated and be able to access the common components of the EBTI system, their empowerment to act in that capacity must be registered in the UUM&DS system or in an identity and access management system set up by a Member State pursuant to Article 18.

               2.   The authentication and access verification of Member States' officials for the purposes of access to the common components of the EBTI system shall be effected using the network services provided by the Commission.

               3.   The authentication and access verification of Commission's staff for the purposes of access to the common components of the EBTI system shall be effected using the UUM&DS system or the network services provided by the Commission.

            Article 22
            EU trader portal

               1.   The EU trader portal shall be an entry point to the EBTI system for economic operators and other persons.

               2.   The EU trader portal shall interoperate with the central EBTI system and offer redirection to national trader portals where national BTI systems have been created by Member States.

               3.   The EU trader portal shall be used for submitting and exchanging information pertaining to applications and decisions related to BTI or to any subsequent event which may affect the original application or decision.

            Article 23
            Central EBTI system

               1.   The central EBTI system shall be used by the customs authorities to process, exchange and store information pertaining to applications and decisions related to BTI or to any subsequent event which may affect the original application or decision for the purposes of verifying whether the conditions for the acceptance of an application, and for taking a decision, are fulfilled.

               2.   The central EBTI system shall be used by the customs authorities for the purposes of Article 16(4), Article 17 and Article 21(2)(b) and (5) of Implementing Regulation (EU) 2015/2447.

               3.   The central EBTI system shall interoperate with the EU trader portal, and with the national BTI systems, where created.

            Article 24
            Consultation between the customs authorities using the central EBTI system
            A customs authority of a Member State shall use the central EBTI system for the purposes of consulting a customs authority of another Member State in order to ensure compliance with Article 16(1) of Implementing Regulation (EU) 2015/2447.

            Article 25
            Monitoring of the usage of BTI decisions
            The capability to monitor the usage of BTI decisions shall be used for the purposes of Article 21(3) and of the third subparagraph of Article 22(2) of Implementing Regulation (EU) 2015/2447.

            Article 26
            National trader portal

               1.   Where a Member State has created a national BTI system in accordance with Article 19(3), the national trader portal shall be the main entry point to the national BTI system for economic operators and other persons.

               2.   Economic operators and other persons shall use the national trader portal, where created, with respect to applications and decisions related to BTI or to any subsequent event which may affect the original application or decision.

               3.   The national trader portal shall interoperate with the national BTI system, where created.

               4.   The national trader portal shall facilitate processes equivalent to those facilitated by the EU trader portal.

               5.   Where a Member State creates a national trader portal, it shall inform the Commission thereof. The Commission shall ensure that the national trader portal can be accessed directly from the EU trader portal.

            Article 27
            National BTI system

               1.   A national BTI system, where created, shall be used by the customs authority of the Member State which created it to process, exchange and store information pertaining to applications and decisions related to BTI or to any subsequent event which may affect the original application or decision, for the purposes of verifying whether the conditions for the acceptance of an application or for taking a decision are fulfilled.

               2.   The customs authority of a Member State shall use its national BTI system for the purposes of Article 16(4), Article 17 and Article 21(2)(b) and (5) of Implementing Regulation (EU) 2015/2447, unless it uses the central EBTI system for those purposes.

               3.   The national BTI system shall interoperate with the national trader portal and with the central EBTI system.

         CHAPTER V

            ECONOMIC OPERATOR REGISTRATION AND IDENTIFICATION SYSTEM

            Article 28
            Object and structure of the EORI system
            The EORI system shall enable a unique registration and identification, at Union level, of economic operators and other persons.
            The EORI system shall consist of the following components:

                        (a)

                        a central EORI system;

                        (b)

                        national EORI systems, where created by the Member States.

            Article 29
            Use of the EORI system

               1.   The EORI system shall be used for the following purposes:

                           (a)

                           to receive the data for the registration of economic operators and other persons as referred to in Annex 12-01 to Delegated Regulation (EU) 2015/2446 (‘EORI data’) provided by the Member States;

                           (b)

                           to centrally store EORI data pertaining to the registration and identification of economic operators and other persons;

                           (c)

                           to make available EORI data to the Member States.

               2.   The EORI system shall enable, to the customs authorities, online access to the EORI data stored at central system level.

               3.   The EORI system shall interoperate with all the other electronic systems where the EORI number is used.

            Article 30
            Authentication and access to the central EORI system

               1.   The authentication and access verification of Member States' officials for the purposes of access to the common components of the EORI system shall be effected using the network services provided by the Commission.

               2.   The authentication and access verification of Commission's staff for the purposes of access to the common components of the EORI system shall be effected using the UUM&DS system or the network services provided by the Commission.

            Article 31
            Central EORI system

               1.   The central EORI system shall be used by the customs authorities for the purposes of Article 7 of Implementing Regulation (EU) 2015/2447.

               2.   The central EORI system shall interoperate with the national EORI systems, where created.

            Article 32
            National EORI system

               1.   A national EORI system, where created, shall be used by the customs authority of the Member State which created it to exchange and store EORI data.

               2.   A national EORI system shall interoperate with the central EORI system.

         CHAPTER VI

            AUTHORISED ECONOMIC OPERATOR SYSTEM

            Article 33
            Object and structure of the AEO system

               1.   The AEO system shall enable communication between the Commission, Member States, economic operators and other persons for the purposes of submitting and processing AEO applications and granting of AEO authorisations as well as the management of any subsequent event which may affect the original decision as referred to in Article 30(1) of Implementing Regulation (EU) 2015/2447.

               2.   The AEO system shall consist of the following common components:

                           (a)

                           an EU trader portal;

                           (b)

                           a central AEO system.

               3.   Member States may create the following national components:

                           (a)

                           a national trader portal;

                           (b)

                           a national Authorised Economic Operator system (‘national AEO system’).

            Article 34
            Use of the AEO system

               1.   The AEO system shall be used for the submission, exchange, processing and storage of information pertaining to AEO applications and decisions or to any subsequent event which may affect the original decision as referred to in Article 30(1) and Article 31(1) and (4)of Implementing Regulation (EU) 2015/2447.

               2.   Customs authorities shall use the AEO system to fulfil their obligations under Article 31(1) and (4) of Implementing Regulation (EU) 2015/2447 and to keep record of the relevant consultations.

            Article 35
            Authentication and access to the central AEO system

               1.   The authentication and access verification of economic operators and other persons for the purposes of access to the common components of the AEO system shall be effected using the UUM&DS system referred to in Article 14.
               For customs representatives to be authenticated and be able to access the common components of the AEO system, their empowerment to act in that capacity must be registered in the UUM&DS system or in an identity and access management system set up by a Member State pursuant to Article 18.

               2.   The authentication and access verification of Member States' officials for the purposes of access to the common components of the AEO system shall be effected using the network services provided by the Commission.

               3.   The authentication and access verification of Commission's staff for the purposes of access to the common components of the AEO system shall be effected using the UUM&DS system or the network services provided by the Commission.

            Article 36
            EU trader portal

               1.   The EU trader portal shall be an entry point to the AEO system for economic operators and other persons.

               2.   The EU trader portal shall interoperate with the central AEO system and offer redirection to the national trader portal, where created.

               3.   The EU trader portal shall be used for submitting and exchanging information pertaining to AEO applications and decisions or to any subsequent event which may affect the original decision.

            Article 37
            Central AEO system

               1.   The central AEO system shall be used by the customs authorities to exchange and store information pertaining to AEO applications and decisions or to any subsequent event which may affect the original decision.

               2.   The customs authorities shall use the central AEO system for the purposes of Articles 30 and 31 of Implementing Regulation (EU) 2015/2447.

               3.   The central AEO system shall interoperate with the EU trader portal and with the national AEO systems, where created.

            Article 38
            National trader portal

               1.   The national trader portal, where created, shall allow the exchange of information pertaining to AEO applications and decisions.

               2.   Economic operators shall use the national trader portal, where created, to exchange information with the customs authorities with respect to AEO applications and decisions.

               3.   The national trader portal shall interoperate with the national AEO system.

            Article 39
            National AEO system

               1.   A national AEO system, where created, shall be used by the customs authority of the Member State which created it to exchange and store information pertaining to AEO applications and decisions or to any subsequent event which may affect the original decision.

               2.   The national AEO system shall interoperate with the national trader portal, where created, and with the central AEO system.

         CHAPTER VII

            FUNCTIONING OF THE ELECTRONIC SYSTEMS AND TRAINING IN THE USE THEREOF

            Article 40
            Development, testing, deployment and management of the electronic systems

               1.   The common components shall be developed, tested, deployed and managed by the Commission. The national components shall be developed, tested, deployed and managed by the Member States.

               2.   The Member States shall ensure that the national components are interoperable with the common components.

            Article 41
            Maintenance of and changes to the electronic systems

               1.   The Commission shall perform the maintenance of the common components and the Member States shall perform the maintenance of their national components.

               2.   The Commission and the Member States shall ensure uninterrupted operation of the electronic systems.

               3.   The Commission may change the common components of the electronic systems to correct malfunctions, to add new functionalities or alter existing ones.

               4.   The Commission shall inform the Member States of changes and updates to the common components.

               5.   Member States shall inform the Commission of changes and updates to the national components that may have repercussions on the functioning of the common components.

               6.   The Commission and Member States shall make the information on the changes and updates to the electronic systems pursuant to paragraphs 4 and 5 publicly available.

            Article 42
            Temporary failure of the electronic systems

               1.   In case of a temporary failure of the electronic systems as referred to in Article 6(3)(b) of the Code, economic operators and other persons shall submit the information to fulfil the formalities concerned by the means determined by the Member States, including means other than electronic data processing techniques.

               2.   The customs authorities shall make sure the information submitted in accordance with paragraph 1 is made available in the respective electronic systems within 7 days of the respective electronic systems becoming available again.

               3.   The Commission and the Member States shall inform each other of the unavailability of the electronic systems resulting from a temporary failure.

            Article 43
            Training support on the use and functioning of the common components
            The Commission shall support the Member States on the use and functioning of the common components of the electronic systems by providing the appropriate training material.

         CHAPTER VIII

            DATA PROTECTION, DATA MANAGEMENT AND THE OWNERSHIP AND SECURITY OF THE ELECTRONIC SYSTEMS

            Article 44
            Personal data protection

               1.   The personal data registered in the electronic systems shall be processed for the purposes of implementing the customs legislation having regard to the specific objectives of each of the electronic systems as set out in Article 4(1), Article 14(1), Article 19(1), Article 28 and Article 33(1) respectively.

               2.   In accordance with Article 62 of Regulation (EU) 2018/1725, the national supervisory authorities in the field of personal data protection and the European Data Protection Supervisor shall cooperate to ensure coordinated supervision of the processing of personal data registered in the electronic systems.

            Article 45
            Updating of data in the electronic systems
            Member States shall ensure that the data registered at national level corresponds to the data registered in the common components and is kept up to date.

            Article 46
            Limitation of data access and data processing

               1.   The data registered in the common components of the electronic systems by a Member State may be accessed or processed by that Member State. It may also be accessed and processed by another Member State where the latter is involved in the processing of an application or the management of a decision to which the data relates.

               2.   The data registered in the common components of the electronic systems by an economic operator or other person may be accessed or processed by that economic operator or that person. It may also be accessed and processed by a Member State involved in the processing of an application or the management of a decision to which the data relates.

               3.   The data registered in the central EBTI system by a Member State may be processed by that Member State. It may also be processed by another Member State where it is involved in the processing of an application to which the data relates, including by way of a consultation in accordance with Article 24. It may be accessed by all Member States in accordance with Article 23(2).

               4.   The data registered in the central EBTI system by an economic operator or other person may be accessed or processed by that economic operator or that person. It may be accessed by all Member States in accordance with Article 23(2).

            Article 47
            System ownership

               1.   The Commission shall be the system owner of the common components.

               2.   The Member States shall be the system owners of the national components.

            Article 48
            System security

               1.   The Commission shall ensure the security of the common components. The Member States shall ensure the security of the national components.
               For those purposes, the Commission and Member States shall take, at least, the necessary measures to:

                           (a)

                           prevent any unauthorised person from having access to installations used for the processing of data;

                           (b)

                           prevent the entry of data and any consultation, modification or deletion of data by unauthorised persons;

                           (c)

                           detect any of the activities referred to in points (a) and (b);

               2.   The Commission and the Member States shall inform each other of any activities that might result in a breach or a suspected breach of the security of the electronic systems.

         CHAPTER IX

            FINAL PROVISIONS

            Article 49
            Assessment of the electronic systems
            The Commission and the Member States shall conduct assessments of the components they are responsible for and shall in particular analyse the security and integrity of the components and the confidentiality of data processed within those components.
            The Commission and the Member States shall inform each other of the assessment results.

            Article 50
            Repeal
            Implementing Regulation (EU) 2017/2089 is repealed.

            Article 51
            Entry into force
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 21 June 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Commission Implementing Decision (EU) 2016/578 of 11 April 2016 establishing the Work Programme relating to the development and deployment of the electronic systems provided for in the Union Customs Code (OJ L 99, 15.4.2016, p. 6).

            (3)  Commission Implementing Regulation (EU) 2017/2089 of 14 November 2017 on technical arrangements for developing, maintaining and employing electronic systems for the exchange of information and for the storage of such information under the Union Customs Code (OJ L 297, 15.11.2017, p. 13).

            (4)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).

            (5)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

            (6)  Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).

            (7)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).


title: Commission Implementing Regulation (EU) 2019/1027 of 21 June 2019 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Tiroler Speck’ (PGI)

text:
                  24.6.2019

                  EN

                  Official Journal of the European Union

                  L 167/18

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1027
         of 21 June 2019
         approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications ‘Tiroler Speck’ (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(3)(a) thereof,
         Whereas:

                     (1)

                     Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission examined application sent by Austria for the approval of amendments to the specification for the protected geographical indication (henceforth PGI) ‘Tiroler Speck’, registered under Commission Regulation (EC) No 1065/97 (2).

                     (2)

                     Since the amendments in question were 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) of Regulation (EU) No 1151/2012. This was also the first time a single document for ‘Tiroler Speck’ was published.

                     (3)

                     Concretely, the product specification applicable when the application for amendment was sent to the Commission provided, in its labelling rules, that the protected geographical indication ‘Tiroler Speck’ could not be translated into any other language. The proposed amendment aimed, among other things, at allowing the use of the protected name in translation under certain circumstances.

                     (4)

                     On 7 May 2018 the Commission received a notice of opposition from Italy. The related reasoned statement of opposition was received by the Commission on 5 July 2018. Italy opposed to the amendment of the labelling limitations concerning the use of translations of the protected name. On the grounds of Article 10(1)(c) of Regulation (EU) No 1151/2012, Italy claimed that the allowed use of the protected name in translation, although in conjunction with the protected name in German language, would jeopardise the existence of an entirely or partly identical name (Südtiroler Speck/Speck Alto Adige (PGI)).

                     (5)

                     Finding such opposition admissible, by letter dated 16 August 2018, the Commission invited Austria and Italy to engage in appropriate consultations for a period of three months to seek agreement among themselves in accordance with their internal procedures.

                     (6)

                     An agreement was reached between the parties. Austria communicated the results of the agreement to the Commission by letter of 30 August 2018. Austria and Italy agreed that the labelling rules of the product specification of the name ‘Tiroler Speck’ (PGI) should maintain the prohibition to use the translations of the protected name in labelling. In the light of the above, it is to conclude that, as regards the labelling rules, the agreement has superseded the application for amendment.

                     (7)

                     In accordance with point 5.5 of the published amendment application, the labelling provisions of the product specification should have been replaced by the following:
                     ‘On every unit which is packaged and ready for sale, the holding number, a batch identifier in the form of a batch number or date, and the words “Tiroler Speck PGI” must appear in this form in a prominent place and in a legible and indelible manner.

                        In addition, the cut of meat used and/or the producer's region within the defined geographical area can also appear. Examples of labelling: — “Tiroler Speck PGI bacon” — “Tiroler Speck PGI made from ham” — “Tiroler Speck PGI loin Speck from the Zillertal” — “Tiroler Speck PGI made from belly pork, from the Ötztal region”.

                        An indication in the common language of the marketing area may be used, provided that the German term “Tiroler Speck PGI” is also given.

                        Names, business names and private labels may also be displayed, provided that the resulting packaging is not misleading.’

                     (8)

                     The justification given for these changes in the amendment application was the following:
                     ‘Detailed and comprehensive rules on labelling help to improve transparency and the information given to consumers. The use of additional information has also been regulated in order to indicate more precisely the cut of meat used and/or the producer's region within the defined geographical area, such that the regionality of the product is emphasised and a more detailed description of the product is provided by including additional information on the cuts of meat used. This provides a more accurate description of the product and more targeted information for consumers.’

                     (9)

                     In accordance with the above mentioned agreement, the labelling provision of the product specification will be, instead, replaced by the following:
                     ‘On every unit which is packaged and ready for sale, the holding number, a batch identifier in the form of a batch number or date, and the name of the protected geographical indication, “Tiroler Speck”, must be featured in a prominent place and in a legible and indelible manner. The name of the protected geographical indication, “Tiroler Speck”, may not be translated into another language.

                        The term “protected geographical indication” and/or the abbreviation “PGI” must immediately follow the name of the protected geographical indication, “Tiroler Speck”, and may also appear in a common language other than German, either instead of or as well as the German version.

                        For better information of consumers, descriptive terms for the product, including the cut of meat used (“bacon”, “loin Speck”, “belly Speck”; or “made from ham”, “made from loin pork”, “made from belly pork”), may also be used in the common language of the country in which the product is being marketed. However, these terms must be clearly separated from the protected geographical indication “Tiroler Speck”. This can be achieved by separating the terms over different lines, although sufficient line spacing must be maintained. On “technical labelling”, however, it may not be possible to separate the two terms by line due to space restrictions.

                        Without prejudice to the obligation to make a clear distinction between the protected geographical indication and the additional descriptive name, on so-called “technical labels”, i.e. labels which are generally affixed to the back packaged product and ready to be marketed, it may happen that due to limited space, a separation of the two indications on different lines is not possible.

                        Translations of references to the region of Tyrol as the place of origin must not be added to the descriptive terms for the product.

                        The producer's region within the defined geographical area may also be given, but must be separate from the protected geographical indication “Tiroler Speck” and the term “protected geographical indication” and/or the abbreviation “PGI”.

                        Names, business names and private labels may also be displayed, provided that the resulting packaging is not misleading.’

                     (10)

                     The justification given for these changes in the agreement, to be considered as part of the amendment application, as amended by the agreement, is the following:
                     ‘On the one hand, it will continue to be ensured that the protected name “Tiroler Speck” is used only in its registered version. On the other hand, the requested amendment provides for additional descriptive information concerning the product as regards the cuts of meat used and the producer's region within the defined geographical area. This would result in an exhaustive and transparent information of the buyers, within the meaning of Regulation (EU) No 1169/2011, and in a more detailed information as to the protected geographical indication “Tiroler Speck”. The following formulations may be mentioned as examples: “Tiroler Speck PGI — Bacon — from the Zillertal”, “Tiroler Speck PGI — made from ham”, “Tiroler Speck PGI Bacon.”’

                     (11)

                     As it complies with the provisions of Regulation (EU) No 1151/2012 and EU legislation, the content of the agreement concluded between Austria and Italy should be taken into account

                     (12)

                     The single document was amended accordingly. The changes made to the single document following the agreement are not substantial and, in any event, they set back the labelling provision challenged in the opposition at the ‘status quo’. Therefore, a repetition of the scrutiny, as provided for in Article 51(4) of Regulation (EU) No 1151/2012, is not required. The consolidated version of the single document should, however, be published for information.

                     (13)

                     In the light of the above, the Commission considers that the amendment should be approved as modified by the agreement,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Tiroler Speck’ (PGI), as amended in accordance with this Regulation, are hereby approved. The consolidated single document is set out in the Annex to this Regulation.

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

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 21 June 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Commission Regulation (EC) No 1065/97, of 12 June 1997, supplementing the Annex to Regulation (EC) No 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 156, 13.6.1997, p. 5.).

            (3)  OJ C 46, 8.2.2018, p. 8.

            ANNEX
            ‘TIROLER SPECK’

               EU No: PGI-AT-02162 — 8.8.2016

               PDO ( )

               PGI (X)

            1.   Name(s)

            ‘Tiroler Speck’
            2.   Member State or Third Country

            Austria
            3.   Description of the agricultural product or foodstuff

            3.1.   Type of product

            Class 1.2. Meat products (cooked, salted, smoked, etc.)
            3.2.   Description of product to which the name in (1) applies

            Tiroler Speck PGI is a traditionally artisanal cured pork product made from boneless leg, loin, belly, shoulder or neck, which is then dry-salted, seasoned with a particular blend of spices including at least juniper, black pepper and garlic, cured, cold smoked according to a region-specific process using at least 50 % beech or ash wood, and air dried. The outer colour is dark brown, and the cut surface is reddish with a white layer of fat. The smell is intensely and aromatically spicy with clear mature notes and a smoky fragrance. The taste is slightly spicy, passing from clear and recognisable smoky notes to a full meaty flavour and rounded off with a recognisable saltiness.
            Physico-chemical and microbiological properties:

                        Water/protein ratio: max. 1,7 (tolerance + 0,2)

                        Salt content (NaCl): max. 5,0 % (tolerance + 1,5 % [centre] + 2,0 % [edge])

                  Tiroler Speck is made exclusively in the defined geographical area and is available, in its final form, either vacuum-packed or packaged in a controlled atmosphere, and either unsliced, in sections or in slices.
            3.3.   Feed (for products of animal origin only) and raw materials (for processed products only)

            The cuts of meat used for Tiroler Speck PGI originate in the European Union and comprise the leg with rind, with or without topside, loin with rind, belly with rind (with or without soft bones), shoulder clod with rind, and neck without rind, all with bones removed and cut in accordance with good manufacturing practice.
            3.4.   Specific steps in production that must take place in the identified geographical area

            All production steps (from salting to the final product) take place in the defined geographical area.
            3.5.   Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

            Tiroler Speck PGI must be sliced by a specialist trained in the production of Tiroler Speck PGI, known as a ‘Tiroler Speckmeister’, or be sliced under his or her supervision. During slicing, each finished batch must be given a sensory check to ensure there are no unwanted deviations in colour or taste. If there are defects (such as putrefaction, colour defects or the undesirable formation of a dry edge) immediate steps must be taken to adjust the control parameters (such as temperature, humidity or the duration of each step in the process) for the batches or units still in production. To enable this quality assurance to happen promptly, the activities for the production of packaged units of Tiroler Speck PGI are performed exclusively within the production holding or the group of holdings (i.e. a business holding with multiple sites, each performing individual stages of the production of Tiroler Speck PGI, or multiple postal addresses in the same district).
            In order to avoid any detrimental effects from oxidation or drying out, or from microbiological spoilage due to mould growth, and thereby to avoid a loss of quality, the time between slicing and packaging it must be kept short, which is why packaging of Tiroler Speck PGI either unsliced, in sections or in slices, vacuum-packed or in a controlled atmosphere, must take place within the defined geographical area. However, if, due to specific arrangements, a period of storage is required before slicing begins, this must take place only in vacuum packaging or in a controlled atmosphere (initial packaging) to avoid loss of quality from further drying out or from microbiological spoilage due to mould growth. Tiroler Speck PGI is then either cut into pieces for domestic use or removed from the rind, prepared and cut into slices or made ‘kitchen-ready’, and either vacuum-packed or packaged in a controlled atmosphere (final packaging).
            Tiroler Speck PGI can be sold unsliced to establishments within the food retail sector, provided that it is sliced in the presence of the purchaser and that this share of unsliced Tiroler Speck PGI does not exceed 10 % of the corresponding day's batch, and that, when checked as part of the slicing process (into sections, slices, cubes etc.), the remaining amount does not show any signs that the batch contains defects such as to suggest that the Speck to be sold unsliced is defective.
            3.6.   Specific rules concerning labelling of the product the registered name refers to

            On every unit which is packaged and ready for sale, the holding number, a batch identifier in the form of a batch number or date, and the name of the protected geographical indication, ‘Tiroler Speck’, must be featured in a prominent place and in a legible and indelible manner. The name of the protected geographical indication, ‘Tiroler Speck’, may not be translated into another language.
            The term ‘protected geographical indication’ and/or the abbreviation ‘PGI’ must immediately follow the name of the protected geographical indication, ‘Tiroler Speck’, and may also appear in a common language other than German, either instead of or as well as the German version.
            Descriptive terms for the product, including the cut of meat used (‘bacon’, ‘loin Speck’, ‘belly Speck’; or ‘made from ham’, ‘made from loin pork’, ‘made from belly pork’), may also be used in the common language of the country in which the product is being marketed. However, these terms must be clearly separated from the protected geographical indication ‘Tiroler Speck’. This can be achieved by separating the terms over different lines, although sufficient line spacing must be maintained. On ‘technical labelling’, however, it may not be possible to separate the two terms by line due to space restrictions.
            Translations of references to the region of Tyrol as the place of origin must not be added to the descriptive terms for the product.
            The producer's region within the defined geographical area may also be given, but must be separate from the protected geographical indication ‘Tiroler Speck’ and the term ‘protected geographical indication’ and/or the abbreviation ‘PGI’.
            Names, business names and private labels may also be displayed, provided that the resulting packaging is not misleading.
            4.   Concise definition of the geographical area

            Province of Tyrol
            5.   Link with the geographical area

            In Tyrol's mountainous landscape, which is characterised by farmland, the production of Speck as a means to preserve fresh meat has been developed and refined across many generations. Knowledge of the special recipe of spices and the traditional production method for Tiroler Speck was passed down by each generation of farmers to their children. This tradition, handed down from person to person, developed into a generally accepted standard for today's commercial Tiroler Speck production. The drying process in the clean Tyrolean mountain air, the gentle smoking process using specific spice mixes, and the use of beech or ash wood to create the smoke — all of which are necessary components of the production process — constitute a special, region-specific procedure which lends Tiroler Speck its characteristic dark brown appearance. With the exception of the ‘Schopfspeck’ [neck Speck], the cut surfaces exhibit a white fat cover and the meat is a bold red colour, which darkens towards the meat side. The unmistakeable characteristics of this product are its aromatically spicy fragrance with recognisable mature notes and its lightly spiced flavour with smoky and salty notes, all the while underpinned by the aroma of the pork. Within this broader picture, regional variations and subtle changes to the organoleptic properties are common, depending on the cultural peculiarities that have taken root in the corresponding regions and valleys of the defined geographical area. Accordingly, certain aspects of the product's typical nature, such as the taste profile or the hints of smoked wood, take on particular regional characteristics without influencing or altering the overall identity of Tiroler Speck PGI.
            The traditional production method that has developed in the geographical area is based on the expertise of the producers, which has been passed down over the centuries.
            The knowledge and artisanal tradition of the Tiroler Speckmeister ensure that the high quality of the product is preserved. The Tiroler Speckmeister's centuries of practical experience regarding the effects that the raw materials and climatic conditions have on the quality of the product (including knowledge of disruptive influencing factors, the causes of abnormalities, the constantly changing properties of the raw materials and environmental factors and the reciprocal effects of the production parameters) play an essential role in achieving the high standard of quality of the final product. The duration of the air-drying process is therefore measured by the Tiroler Speckmeister based on the current climatic conditions in the region and the size of the cut of meat. This is to ensure a careful drying process and a product of unimpaired quality with all its characteristic features (dark brown exterior colour, medium-firm to firm texture, juniper flavour with recognisable salty notes and a smoky fragrance).
            The supervision of the production process by the Tiroler Speckmeister, who receives regular further specialist training, prevents any detrimental effects on the product and any loss of quality.

               Reference to publication of the product specification

            (Article 6(1), second subparagraph, of the Regulation)
            https://www.patentamt.at/herkunftsangaben/tirolerspeck/