title: Commission Implementing Regulation (EU) 2021/520 of 24 March 2021 laying down rules for the application of Regulation (EU) 2016/429 of the European Parliament and of the Council with regard to the traceability of certain kept terrestrial animals (Text with EEA relevance)

text:
                  25.3.2021

                  EN

                  Official Journal of the European Union

                  L 104/39

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/520
         of 24 March 2021
         laying down rules for the application of Regulation (EU) 2016/429 of the European Parliament and of the Council with regard to the traceability of certain kept terrestrial animals
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Article 120(1) and Article 120(2)(c), (d) and (f) thereof,
         Whereas:

                     (1)

                     Regulation (EU) 2016/429 lays down traceability requirements for kept terrestrial animals and germinal products and empowers the Commission to adopt implementing acts in that respect.

                     (2)

                     Commission Delegated Regulation (EU) 2019/2035 (2) supplements Regulation (EU) 2016/429 by providing detailed rules concerning the traceability of kept terrestrial animals and hatching eggs.

                     (3)

                     To ensure the uniform application in the Union of the traceability rules laid down in Regulation (EU) 2016/429 and Delegated Regulation (EU) 2019/2035, certain rules should be adopted by means of this Regulation.

                     (4)

                     Articles 112, 113 and 115 of Regulation (EU) 2016/429 lay down obligations for operators keeping animals of bovine, ovine, caprine and porcine species to transmit information related to their animals into the computer databases set up in accordance with Article 109(1) of that Regulation. To ensure that all updates are transmitted to those databases regularly, it is necessary to specify in this Regulation the deadlines for transmitting that information.

                     (5)

                     Moreover, the information transmitted by the operators of kept bovine, ovine, caprine and porcine animals should be accessible to them in respect of their animals and their establishments after transmission. Rules for uniform access to data contained in the computer databases set up in accordance with Article 109(1) of Regulation (EU) 2016/429 should therefore be laid down in this Regulation.

                     (6)

                     In addition, certain other technical and operational details and formats of computer databases for kept bovine, ovine, caprine and porcine animals should also be laid down in this Regulation in order to ensure comparable quality of databases across the Union.

                     (7)

                     Under the conditions set out in Article 110(1)(b) and in point (b) of Article 112 of Regulation (EU) 2016/429, the exchange of electronic data between Member States may replace the issuing of identification documents for bovine animals when those animals are moved between Member States. The BOVEX protocol, established by the Commission, is designed for the exchange of electronic data between computer databases of Member States in respect of bovine animals. The Commission should recognise the full operability of those exchanges of electronic data between computer databases of Member States following this protocol.

                     (8)

                     Whilst the means of identification to be used for various species of terrestrial animals, in particular kept bovine, ovine, caprine, porcine, camelid and cervid animals and psittacidae, are determined by Delegated Regulation (EU) 2019/2035, the technical specifications for these means of identification should be set out in this Regulation.

                     (9)

                     Delegated Regulation (EU) 2019/2035 sets out requirements for electronic identification of kept bovine, ovine, caprine, porcine, camelid and cervid animals and psittacidae. Such electronic identifiers should be approved by the competent authority of the Member State where the animals are kept. In order to ensure the readability of those electronic identifiers when animals are moved between Member States, the rules and conditions under which the competent authority may approve such electronic identifiers should be laid down in this Regulation. Those approvals should also take account of relevant ISO/IEC standards.

                     (10)

                     To ensure uniform application of identification and traceability throughout the Union, the periods for the application of the means of identification to kept bovine, ovine, caprine, porcine, camelid and cervid animals and psittacidae should be set out in this Regulation.

                     (11)

                     Until the date of application of Regulation (EU) 2016/429, Union rules on traceability include various exemptions from the identification and registration system with respect to some categories of animals, such as animals kept under extensive conditions. It is appropriate to review those rules and apply a balanced and harmonised approach to the exemptions from the identification and registration system, taking into account the relevant risks on the one hand and the proportionality and efficiency of the measures on the other hand. New rules reflecting this approach should therefore be laid down in this Regulation.

                     (12)

                     It is essential to preserve full traceability of kept bovine, ovine, caprine, porcine, camelid and cervid animals and psittacidae at any moment and avoid any operations that may jeopardise traceability. Removals, modifications and replacements of the means of identification are operations that could jeopardise traceability. Therefore those operations are to be carried out only after the competent authority has granted operators permission to do so. Certain rules concerning removals, modifications and replacements are laid down in Delegated Regulation (EU) 2019/2035. Additional provisions for those operations are needed to address specific aspects, including the deadlines of those operations, and should be laid down in this Regulation.

                     (13)

                     In order to ensure a smooth transition to the new legal framework, operators in Member States should be in a position to continue to use the means of identification approved before 21 April 2021 in accordance with Regulation (EC) No 1760/2000 of the European Parliament and of the Council (3), Council Regulation (EC) No 21/2004 (4) and Council Directive 2008/71/EC (5), as well as with the acts adopted on the basis of those Regulations and that Directive for a transitional period not exceeding 2 years from the date of application of this Regulation.

                     (14)

                     As Regulation (EU) 2016/429 applies with effect from 21 April 2021, this Regulation should also apply from that date.

                     (15)

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

               HAS ADOPTED THIS REGULATION:
         CHAPTER 1

            GENERAL PROVISIONS

            Article 1
            Subject matter and scope
            This Regulation lays down rules concerning:

                        (1)

                        the deadlines for the transmission of information by operators for the registration of kept bovine, ovine, caprine and porcine animals in computer databases;

                        (2)

                        uniform access to data contained in computer databases of kept bovine, ovine, caprine and porcine animals and the technical specifications and operational rules of such databases;

                        (3)

                        the technical conditions and modalities for the exchange of electronic data in respect of kept bovine animals between Member States’ computer databases and the recognition of full operability of a data exchange system;

                        (4)

                        the technical specifications, formats and design for means of identification of kept bovine, ovine, caprine, porcine, camelid and cervid animals;

                        (5)

                        the technical requirements for means of identification of kept psittacidae;

                        (6)

                        the time periods for the application of means of identification of kept bovine, ovine, caprine, porcine, camelid and cervid animals born in the Union or after the entry into the Union of those animals;

                        (7)

                        the configuration of the identification code of kept bovine, ovine, caprine, camelid and cervid animals;

                        (8)

                        the removal, modification and replacement of means of identification of kept bovine, ovine, caprine, porcine, camelid and cervid animals and the deadlines for such operations;

                        (9)

                        transitional measures regarding approval of means of identification.

            Article 2
            Definitions
            For the purposes of this Regulation, the definitions laid down in Article 2 of Delegated Regulation (EU) 2019/2035 shall apply.

         CHAPTER 2

            COMPUTER DATABASES

            Article 3
            Deadlines and procedures for the transmission of information by operators for the registration of kept bovine, ovine, caprine and porcine animals

               1.   Operators keeping bovine, ovine, caprine and porcine animals shall transmit the information on movements, births and deaths referred to in point (d) of Article 112 of Regulation (EU) 2016/429 and on movements referred to in Article 113(1)(c) of that Regulation and in point (b) of Article 56 of Delegated Regulation (EU) 2019/2035 for registration in the computer databases set up for those species within a time period for transmission to be determined by the Member States. The maximum time period to transmit the information shall not exceed 7 days following the movement, birth or death of the animals, as applicable.

               2.   In the case of births, when determining the maximum time period for transmitting the information, Member States may use the date when the means of identification is applied to the animal as the starting point of the time period concerned, provided that there is no risk of confusion between this date and the date of birth of the animal.

               3.   By way of derogation from paragraph 1, the competent authority may extend the maximum time period to transmit the information on movements referred to in paragraph 1 up to 14 days following movements of bovine animals within the same Member State from establishments of origin to registered pasture establishments located in mountain areas for grazing. The competent authority may decide to accept lists of the bovine animals subject to movements to registered pasture establishments from the operators of those establishments. Those lists shall contain:

                           (a)

                           the unique registration number of the registered pasture establishment;

                           (b)

                           the animals’ identification code;

                           (c)

                           the unique registration number of the establishment of origin;

                           (d)

                           the animals’ date of arrival at the registered pasture establishment;

                           (e)

                           the animals’ estimated date of departure from the registered pasture establishment.

            Article 4
            Uniform access to data contained in computer databases of kept bovine, ovine, caprine and porcine animals
            Member States shall ensure that operators keeping bovine, ovine, caprine and porcine animals have, on their request and free of charge, at least read-only access to a minimum of information related to their establishments that is contained in the computer databases referred to in Article 109(1)(a) to (c) of Regulation (EU) 2016/429.

            Article 5
            Technical specifications for computer databases of kept bovine, ovine, caprine and porcine animals
            Member States shall ensure that the computer databases of kept bovine, ovine, caprine and porcine animals referred to in Article 109(1)(a) to (c) of Regulation (EU) 2016/429 are set up in such a way that the information recorded in those databases can be exchanged between computer databases of Member States in the format set out in the third column of the table in Annex I to this Regulation.

            Article 6
            Operational rules of computer databases of kept bovine, ovine, caprine and porcine animals
            Member States shall implement appropriate technical and organisational measures to ensure that the computer databases of kept bovine, ovine, caprine and porcine animals referred to in Article 109(1)(a) to (c) of Regulation (EU) 2016/429 continue operating in the face of potential disruptions. Those measures shall also guarantee the security, integrity and authenticity of the information recorded in such databases.

            Article 7
            Technical conditions and modalities for the electronic exchange of identification document data in respect of kept bovine animals between Member States’ computer databases

               1.   When Member States exchange electronically with other Member States identification document data in respect of kept bovine animals that is referred to in points (a) to (c) of Article 44 of Delegated Regulation (EU) 2019/2035, that data shall be exchanged in the format of XML Schema Definition made available by the Commission to the competent authority.

               2.   The competent authority in the Member State of origin of the kept bovine animals intended to be moved shall ensure that the identification document data is transmitted electronically to the Member State of destination before the departure of the animals, and that a timestamp is provided with each transmission.

            Article 8
            Recognition of the full operability of a system for electronic exchange of identification document data in respect of kept bovine animals between Member States’ computer databases

               1.   Member States exchanging electronically identification document data through a system established by the Commission and designed for the exchange of data in respect of kept bovine animals between Member States’ computer databases shall be recognised as having a system of full operability.

               2.   The Commission shall establish and make public on its website the list of Member States exchanging identification document data through that system.

         CHAPTER 3

            MEANS OF IDENTIFICATION

            Article 9
            Technical specifications, formats and design for means of identification of kept bovine, ovine, caprine, porcine, camelid and cervid animals

               1.   The competent authority shall only approve the use of conventional ear tags or conventional pastern bands referred to in points (a) and (b) of Annex III to Delegated Regulation (EU) 2019/2035 as means of identification of kept bovine, ovine, caprine, porcine, camelid and cervid animals, if those means of identification fulfil the technical specification set out in Part 1 of Annex II to this Regulation.

               2.   The competent authority shall only approve the use of tattoos referred to in point (g) of Annex III to Delegated Regulation (EU) 2019/2035 as means of identification of kept ovine, caprine, porcine and cervid animals, as provided for in Article 46(2) and (3) and in Articles 52(1)(b), 73(2)(c) and 76(1)(c) of that Delegated Regulation, if those tattoos ensure indelible marking and proper reading.

               3.   The competent authority shall only approve the use of electronic identifiers referred to in points (c) to (f) of Annex III to Delegated Regulation (EU) 2019/2035 as means of identification of kept bovine, ovine, caprine, porcine, camelid and cervid animals, if those means of identification fulfil the technical specifications set out in Part 2 of Annex II to this Regulation. In addition, the electronic identifiers referred to in points (c) and (f) of Annex III to Delegated Regulation (EU) 2019/2035 shall fulfil the technical specification set out in Part 1 of Annex II to this Regulation.

               4.   By way of derogation from paragraph 3, the competent authority may approve the use of electronic ear tags as means of identification of kept porcine animals, if those means of identification fulfil the technical specifications laid down by the Member State where the porcine animals are kept, and display visibly, legibly and indelibly the unique registration number of:

                           (a)

                           the establishment of birth of the animals; or

                           (b)

                           the last establishment of the supply chain referred to in Article 53 of Delegated Regulation (EU) 2019/2035, when those animals are moved to an establishment outside that supply chain.

            Article 10
            Technical specifications, formats and design for means of identification of kept psittacidae

               1.   Operators keeping psittacidae shall ensure that:

                           (a)

                           the leg ring referred to in Article 76(1)(a) of Delegated Regulation (EU) 2019/2035 fulfils the technical specifications set out in Part 1 of Annex II to this Regulation;

                           (b)

                           the tattoo referred to in Article 76(1)(c) of Delegated Regulation (EU) 2019/2035 ensures indelible marking and proper reading.

               2.   The competent authority shall only approve the use of injectable transponders referred to in Article 76(1)(b) of Delegated Regulation (EU) 2019/2035 as means of identification of kept psittacidae, if those means of identification fulfil the technical specifications set out in point 2 of Part 2 of Annex II to this Regulation.

            Article 11
            Operational rules for the approval of electronic identifiers of kept bovine, ovine, caprine, porcine, camelid and cervid animals and psittacidae

               1.   When granting approval of the electronic identifiers referred to in points (c) to (f) of Annex III to Delegated Regulation (EU) 2019/2035 of kept bovine, ovine, caprine, porcine, camelid and cervid animals and psittacidae, the competent authority shall ensure that the manufacturers of the electronic identifiers have provided evidence that the conformance and performance tests referred to in point 4 of Part 2 of Annex II to this Regulation have been carried out in test centres accredited in accordance with ISO/IEC standard 17025 ‘General requirements for the competence of testing and calibration laboratories’.

               2.   When granting approval of the electronic identifiers referred to in paragraph 1, the competent authority may require that the manufacturers of the electronic identifiers apply additional tests for robustness and endurance to ensure their functionality under the specific geographic or climatic conditions of the Member State concerned in accordance with standards laid down by that Member State.

            Article 12
            Configuration of the identification code of kept bovine, ovine, caprine, camelid and cervid animals
            The identification code of kept bovine, ovine, caprine, camelid and cervid animals shall be as follows:

                        (a)

                        the first element of the identification code shall be the country code of the Member State where the means of identification was first applied to the animals, in the format of either:

                                    (i)

                                    the two-letter code in accordance with ISO standard 3166-1 alpha-2, except for Greece, for which the two-letter code ‘EL’ shall be used; or

                                    (ii)

                                    the three-digit country code in accordance with ISO standard 3166-1 numeric;

                        (b)

                        the second element of the identification code shall be a unique code for each animal not exceeding 12 numeric characters.

            Article 13
            Time periods for the application of means of identification of kept bovine animals

               1.   Operators shall ensure that the means of identification referred to in point (a) of Article 112 of Regulation (EU) 2016/429 are applied to kept bovine animals before the expiry of a maximum time period after birth, to be determined by the Member State in which the animals were born. The maximum time period shall be calculated from the date of birth of the animals and shall not exceed 20 days.

               2.   By way of derogation from paragraph 1, Member States may authorise operators to extend the maximum time period for the application of a second means of identification to up to 60 days, following the date of birth of the animals, for reasons related to the physiological development of the animals, if the second means of identification is a ruminal bolus.

               3.   By way of derogation from paragraph 1, Member States may authorise operators to extend the maximum time period referred to in paragraph 1 to up to 9 months, under the following conditions:

                           (a)

                           the animals are:

                                       (i)

                                       reared under extensive conditions, with calves staying with their mothers;

                                       (ii)

                                       not accustomed to regular contact with humans;

                           (b)

                           the area where the animals are kept, ensures a high degree of isolation of the animals;

                           (c)

                           the extension does not compromise the traceability of the animals.
                           Member States may restrict the authorisation referred to in the first subparagraph to particular geographical regions or specific species or breeds of kept bovine animals.

               4.   Operators shall ensure that no kept bovine animals leave the establishment of birth unless the means of identification referred to in point (a) of Article 112 of Regulation (EU) 2016/429 have been applied to those animals.

            Article 14
            Time periods for the application of means of identification of kept ovine and caprine animals

               1.   Operators shall ensure that the means of identification referred to in Article 113(1)(a) of Regulation (EU) 2016/429 are applied to kept ovine and caprine animals before the expiry of a maximum time period after birth, to be determined by the Member State in which the animals were born. The maximum time period shall be calculated from the date of birth of the animals and shall not exceed 9 months.

               2.   Operators shall ensure that no kept ovine or caprine animals leave the establishment of birth unless the means of identification referred to in Article 113(1)(a) of Regulation (EU) 2016/429 have been applied to those animals.

            Article 15
            Time periods for the application of means of identification of kept porcine animals

               1.   Operators shall ensure that the means of identification referred to in point (a) of Article 115 of Regulation (EU) 2016/429 are applied to kept porcine animals before the expiry of a maximum time period after birth, to be determined by the Member State in which the animals were born. The maximum time period shall be calculated from the date of birth of the animals and shall not exceed 9 months.

               2.   Operators shall ensure that no kept porcine animals leave the establishment of birth or exit the supply chain unless the means of identification referred to in point (a) of Article 115 of Regulation (EU) 2016/429 have been applied to those animals.

            Article 16
            Time periods for the application of means of identification of kept camelid and cervid animals

               1.   Operators shall ensure that the means of identification referred to in Article 73(1) and (2) of Delegated Regulation (EU) 2019/2035 are applied to kept camelid and cervid animals before the expiry of a maximum time period after birth, to be determined by the Member State in which the animals were born. The maximum time period shall be calculated from the date of birth of the animals and shall not exceed 9 months.

               2.   Operators shall ensure that no kept camelid or cervid animals leave the establishment of birth or the establishment of first arrival if those animals were moved to that establishment from the habitat where they stayed as wild animals, unless the means of identification referred to in Article 73(1) and (2) of Delegated Regulation (EU) 2019/2035 have been applied to those animals.

               3.   The competent authority may exempt operators keeping reindeer from the requirements in paragraphs 1 and 2, provided that the exemption does not compromise the traceability of the animals.

               4.   By way of derogation from paragraph 1, Member States may exempt operators keeping cervid animals from the requirements in paragraph 1, under the following conditions:

                           (a)

                           the animals are:

                                       (i)

                                       reared under extensive conditions;

                                       (ii)

                                       not accustomed to regular contact with humans;

                           (b)

                           the area where the animals are kept, ensures a high degree of isolation of the animals;

                           (c)

                           the exemption does not compromise the traceability of the animals.

            Article 17
            Time periods for the application of means of identification of kept bovine, ovine, caprine, porcine, camelid and cervid animals after their entry into the Union

               1.   After the entry into the Union of kept bovine, ovine, caprine, porcine, camelid and cervid animals and where those animals remain in the Union, operators shall ensure that the means of identification referred to in Article 81 of Delegated Regulation (EU) 2019/2035 are applied to those animals within 20 days following their arrival at the establishment of first arrival.

               2.   By way of derogation from paragraph 1, Member States of first arrival may authorise operators to extend the maximum time period for the application of a second means of identification to up to 60 days, following the date of birth of the animals, for reasons related to the physiological development of the animals, if the second means of identification is a ruminal bolus.

               3.   Operators shall ensure that no kept bovine, ovine, caprine, porcine, camelid or cervid animals leave the establishment of first arrival unless the means of identification referred to in Article 81 of Delegated Regulation (EU) 2019/2035 have been applied to those animals.

            Article 18
            Removal and modification of means of identification of kept bovine, ovine, caprine, porcine, camelid and cervid animals
            The competent authority may only authorise operators to remove or modify the means of identification of kept bovine, ovine, caprine, porcine, camelid and cervid animals if the removal or modification does not compromise the traceability of the animals, including the traceability of the establishment in which they were born, and if individual identification of the animals, if applicable, remains possible.

            Article 19
            Replacement of means of identification of kept bovine, ovine, caprine, porcine, camelid and cervid animals and deadlines for such operations

               1.   The competent authority may only authorise operators to replace the means of identification of kept bovine, ovine, caprine, porcine, camelid and cervid animals if the replacement does not compromise the traceability of the animals, including the traceability of the establishment in which they were born, and if individual identification of the animals, if applicable, remains possible.

               2.   The replacement referred to in paragraph 1 may be authorised as follows:

                           (a)

                           where animals have been identified by two means of identification and one of those means of identification has become illegible or has been lost, provided that the animals’ identification code remains unchanged and continues to match the code on the remaining means of identification;

                           (b)

                           where animals have been identified by one or two means of identification displaying the animals’ identification code and those means of identification have become illegible or have been lost, provided that it remains possible to determine the animals’ identification code with reasonable certainty and the animals’ identification code remains unchanged;

                           (c)

                           where kept ovine, caprine or porcine animals have been identified by a means of identification displaying the unique registration number of an establishment and that means of identification has become illegible or has been lost, provided that it remains possible to determine with reasonable certainty the establishment of birth of the animals or, if applicable, the last establishment of the supply chain, and that the replacement means of identification displays the unique registration number of that establishment or, if applicable, that last establishment.

                           (d)

                           in case of kept ovine and caprine animals, the replacement of the means of identification referred to in points (a) and (b) with new means of identification displaying a new identification code may be authorised, provided that the traceability is not compromised.

               3.   The replacement of the means of identification referred to in paragraph 1 shall be carried out as soon as possible and before the expiry of a maximum time period, to be determined by the Member State whose competent authority authorised operators to replace the means of identification, and before the animals are moved to another establishment.

               4.   Where the identification code of kept bovine, ovine, caprine and porcine animals displayed on the means of identification referred to in points (a) and (b) of Annex III to Delegated Regulation (EU) 2019/2035 cannot be reproduced on an electronic identifier due to technical limitations, the competent authority shall only allow the application to those animals of a new electronic identifier displaying a new identification code, if both identification codes are recorded in the computer databases referred to in Article 109(1) of Regulation (EU) 2016/429.

         CHAPTER 4

            TRANSITIONAL AND FINAL PROVISIONS

            Article 20
            Transitional measures regarding approvals of means of identification
            By way of derogation from Articles 9, 10 and 11 of this Regulation, for a transitional period ending on 20 April 2023, Member States may continue to use the means of identification approved before 21 April 2021 in accordance with Regulations (EC) No 1760/2000 and (EC) No 21/2004 and Directive 2008/71/EC, as well as with the acts adopted on the basis of those Regulations and that Directive.

            Article 21
            Entry into force and application
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            It shall apply from 21 April 2021.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 24 March 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 84, 31.3.2016, p. 1.

            (2)  Commission Delegated Regulation (EU) 2019/2035 of 28 June 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for establishments keeping terrestrial animals and hatcheries, and the traceability of certain kept terrestrial animals and hatching eggs (OJ L 314, 5.12.2019, p. 115).

            (3)  Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1).

            (4)  Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ L 5, 9.1.2004, p. 8).

            (5)  Council Directive 2008/71/EC of 15 July 2008 on the identification and registration of pigs (OJ L 213, 8.8.2008, p. 31).

            ANNEX I
            Technical specifications for information formats in computer databases of kept bovine, ovine, caprine and porcine animals

                        Type of information

                        Description

                        Format

                        Identification code of the animal

                        Country code

                        One of the following options:
                        Letter code: ISO 3166-1 alpha-2 code (1)

                        Numeric code: ISO 3166-1 numeric code

                        Unique code for each animal

                        12 numeric characters

                        Electronic identifier (optional)

                        One of the following options:

                                    —

                                    Electronic ear tag

                                    —

                                    Ruminal bolus

                                    —

                                    Injectable transponder

                                    —

                                    Electronic pastern band

                        Unique registration number of establishment

                        Country code followed by 12 alphanumeric characters

                        Name of operator of establishment

                        140 alphanumeric characters

                        Address of operator of establishment

                        Street name and house number

                        140 alphanumeric characters

                        Postcode

                        10 alphanumeric characters

                        City

                        35 alphanumeric characters

                        Date

                        Date (YYYY-MM-DD)

                        Total number of animals

                        15 numeric characters

               (1)  Except for Greece, for which the two-letter code ‘EL’ shall be used.

            ANNEX II
            PART 1

               Technical specifications for means of identification of kept bovine, ovine, caprine, porcine, camelid and cervid animals and psittacidae

                        1.

                        The means of identification referred to in points (a), (b), (c), (f) and (h) of Annex III to Delegated Regulation (EU) 2019/2035 of kept bovine, ovine, caprine, porcine, camelid and cervid animals and psittacidae shall be:

                                    (a)

                                    non-reusable;

                                    (b)

                                    of non-degradable material;

                                    (c)

                                    tamper-proof;

                                    (d)

                                    easy to read throughout the animals’ lifetime;

                                    (e)

                                    designed in such way that they can remain securely attached to the animals without being harmful to them;

                                    (f)

                                    easily removable from the food chain.

                        2.

                        The means of identification referred to in point 1 shall display visibly, legibly and indelibly one of the following:

                                    (a)

                                    the first and second element of the animals’ identification code in accordance with Article 12;

                                    (b)

                                    the unique registration number of the animals’ establishment referred to in point (a) of Article 18 of Delegated Regulation (EU) 2019/2035; or

                                    (c)

                                    the alphanumeric identification code referred to in Article 76(1) of Delegated Regulation (EU) 2019/2035.

                        3.

                        The means of identification referred to in point 1 may contain other information, if authorised by the competent authority, and provided that the means of identification comply with the requirements of point 2.

                  PART 2

               Technical specifications for electronic identifiers of kept bovine, ovine, caprine, porcine, camelid and cervid animals

                        1.

                        The electronic identifiers referred to in points (c) to (f) of Annex III to Delegated Regulation (EU) 2019/2035 shall display the first element of the animals’ identification code in the form of the three-digit country code and the second element of the animals’ identification code in accordance with Article 12.

                        2.

                        The electronic identifiers referred to in point 1 shall be:

                                    (a)

                                    read-only, passive transponders applying HDX or FDX-B technology, complying with ISO standards 11784 and 11785; and

                                    (b)

                                    readable by devices complying with ISO standard 11785 and capable of reading HDX and FDX-B transponders.

                        3.

                        The electronic identifiers referred to in point 1 shall be readable at a minimum reading distance as follows:

                                    (a)

                                    for kept bovine animals:

                                                (i)

                                                12 centimetres, for ear tags when read with a portable reader;

                                                (ii)

                                                15 centimetres, for injectable transponders when read with a portable reader;

                                                (iii)

                                                25 centimetres, for ruminal boluses when read with a portable reader;

                                                (iv)

                                                80 centimetres, for all electronic identifiers when read with a stationary reader;

                                    (b)

                                    for kept ovine and caprine animals:

                                                (i)

                                                12 centimetres, for ear tags and pastern bands when read with a portable reader;

                                                (ii)

                                                20 centimetres, for ruminal boluses and injectable transponders when read with a portable reader;

                                                (iii)

                                                50 centimetres, for all electronic identifiers when read with a stationary reader.

                        4.

                        The electronic identifiers referred to in point 1 shall have been tested with favourable results with respect to:

                                    (a)

                                    conformance with ISO standards 11784 and 11785 in accordance with the method referred to in point 7 of ISO standard 24631-1; and

                                    (b)

                                    the minimum performance on reading distances referred to in point 3 of this Part in accordance with the method referred to in point 7 of ISO standard 24631-3.


title: Commission Implementing Regulation (EU) 2021/521 of 24 March 2021 making specific arrangements to the mechanism making the exportation of certain products subject to the production of an export authorisation

text:
                  25.3.2021

                  EN

                  Official Journal of the European Union

                  L 104/52

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/521
         of 24 March 2021
         making specific arrangements to the mechanism making the exportation of certain products subject to the production of an export authorisation
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2015/479 of the European Parliament and of the Council of 11 March 2015 on common rules for exports (1), and in particular Article 5 thereof,
         Whereas:

                     (1)

                     On 30 January 2021, the Commission adopted Implementing Regulation (EU) 2021/111 (2) making the exportation of COVID-19 vaccines as well as active substances, including master and working cell banks, used to manufacture these vaccines, subject to the production of an export authorisation, pursuant to Article 5 of Regulation (EU) 2015/479. At the end of the six weeks period following the date of entry into force of these measures, the Commission adopted Implementing Regulation (EU) 2021/442 (3) making the exportation of the same products subject to an export authorisation until 30 June 2021, pursuant to Article 6 of Regulation (EU) 2015/479.

                     (2)

                     The global shortage of supply of COVID-19 vaccine persists and is even increasing in view of the delays of production.

                     (3)

                     In accordance with Implementing Regulation (EU) 2021/442, export authorisations are to be refused by the Member States where the exports concerned pose a threat to the execution of the Advanced Purchase Agreements (APAs) between the Union and vaccine manufacturers in view of their volume or other relevant circumstances, such as the volume of vaccines delivered to the Union at the time of the request.

                     (4)

                     There is still a lack of transparency as well as persisting constraints on production of COVID 19 vaccines and delays in their delivery in the Union, which may pose a threat to the security of supply within the Union of the goods covered by Implementing Regulation (EU) 2021/442. Additional elements should therefore also be considered in the decision to grant or refuse an export authorisation.

                     (5)

                     The information collected by the Commission through the export authorisation mechanism put in place by Implementing Regulation (EU) 2021/111 and continued by Implementing Regulation (EU) 2021/442 and through customs data has shown that exports which are subject to the authorisation mechanism may be channelled via countries so far exempted from the export authorisation requirement, thereby not allowing for the required level of transparency. These exemptions should therefore be temporarily suspended.

                     (6)

                     The exemption should be maintained for some of the countries and territories mentioned Article 1(9)(a) of Implementing Regulation (EU) 2021/442, namely those which have a particular dependency on the metropolitan supply chains of the Member States to which they are attached or on the supply chains of neighbouring Member States, respectively.

                     (7)

                     The information mentioned in recital (5) has also shown that Union manufacturers have exported large quantities of goods covered by the export authorisation mechanism to countries which have a large production capacity of their own, while those countries restrict their own exports to the Union, either by law or through contractual or other arrangements concluded with vaccine manufacturers established in their territory. This imbalance leads to shortages of supply within the Union.

                     (8)

                     Furthermore, the same information has shown that Union manufacturers have exported large quantities of goods covered by the export authorisation mechanism to certain countries without production capacity, but which have a higher vaccination rate than the Union or where the current epidemiological situation is less serious than in the Union. Exports to those countries may thus threaten the security of supply within the Union.

                     (9)

                     Member States should refuse export authorisations accordingly.

                     (10)

                     The Commission should take the same additional elements into consideration when conducting its assessment of the draft decision notified by the competent authority of the Member State pursuant to Article 2(4) of Implementing Regulation (EU) 2021/442.

                     (11)

                     Due to the urgency of the situation, the measures provided for in this Regulation should be taken in accordance with Article 3(3) of Regulation (EU) 2015/479.

                     (12)

                     This Regulation should enter into force immediately. Having regard to Article 5(5) of Regulation (EU) 2015/479, the measures provided for in this Regulation should apply for six weeks,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The application of point (a) of Article 1(9) of Implementing Regulation (EU) 2021/442 is suspended.
            However, the suspension shall not apply to the following countries and territories:

                        —

                        Andorra,

                        —

                        the Faroe Islands,

                        —

                        San Marino,

                        —

                        Vatican City,

                        —

                        the overseas countries and territories listed in Annex II to the Treaty on the Functioning of the European Union,

                        —

                        Büsingen,

                        —

                        Helgoland,

                        —

                        Livigno,

                        —

                        Ceuta and Melilla.

            Article 2

               1.   The competent authority of a Member State shall grant an export authorisation requested pursuant to Implementing Regulation (EU) 2021/442 provided that:

                           (a)

                           the export authorisation fulfils the condition of Article 1(7) of Implementing Regulation (EU) 2021/442;

                           (b)

                           the authorisation does not otherwise pose a threat to the security of supply within the Union of the goods covered by Implementing Regulation (EU) 2021/442.

               2.   To determine whether the condition in point (b) of paragraph 1 is fulfilled, the competent authority of the Member State shall assess the following factors:

                           (a)

                           whether the country of destination of the export restricts its own exports to the Union of goods covered by Implementing Regulation (EU) 2021/442, or of the raw materials from which they are made, either by law or by any other means, including through the conclusion of contractual arrangements with the manufacturers of those goods;

                           (b)

                           the relevant conditions prevailing in the country of destination of the export, including the epidemiological situation, the vaccination rate and the existing availability of goods covered by Implementing Regulation (EU) 2021/442.

               3.   When the Commission assesses the draft decision notified by the competent authority of the Member State pursuant to Article 2(4) of Implementing Regulation (EU) 2021/442, it shall also evaluate whether the condition in point (b) of paragraph 1 of this Article is fulfilled, having regard to the factors listed in its paragraph 2.

            Article 3
            This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
            It shall apply until six weeks from its entry into force.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 24 March 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 83, 27.3.2015, p. 34.

            (2)  Commission Implementing Regulation (EU) 2021/111 of 29 January 2021 making the exportation of certain products subject to the production of an export authorisation (OJ L 31 I, 30.1.2021, p. 1).

            (3)  Commission Implementing Regulation (EU) 2021/442 of 11 March 2021 making the exportation of certain products subject to the production of an export authorisation (OJ L 85, 12.3.2021, p. 190).


title: Commission Implementing Regulation (EU) 2021/530 of 22 March 2021 concerning the classification of certain goods in the Combined Nomenclature

text:
                  26.3.2021

                  EN

                  Official Journal of the European Union

                  L 106/49

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/530
         of 22 March 2021
         concerning the classification of certain goods in the Combined Nomenclature
         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 of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

                     (2)

                     Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

                     (3)

                     Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

                     (4)

                     It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

            Article 2
            Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of 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, 22 March 2021.

                  For the Commission

               Gerassimos THOMAS

                  Director-General

                  Directorate-General for Taxation and Customs Union

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

            (2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

            ANNEX

                        Description of the goods

                        Classification
                        (CN-code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        A portable hand-held electromechanical appliance for personal skin care. The appliance is oval shaped and measures approximately 75 × 80 × 30 mm. It has a waterproof housing and a built-in electric motor producing vibrations (so-called sonic pulsations).
                        The outer surface of the appliance is made of silicone, with hypoallergenic silicone brushes on both sides. The surface of the appliance is divided into three zones, each with a different thickness of brushes. On the front side of the appliance there is an on/off button and a button to increase/decrease the intensity of pulsation.
                        The appliance is designed to be used for cleansing the skin on the face with a cleanser and vibrating brushes. When cleansing the skin, a facial massage occurs as an additional effect due to the pulsations.
                        The appliance is of the kind commonly used for domestic purposes, when travelling etc.

                        8509 80 00

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, by Note 3 to Section XVI in combination with Note 3 to Chapter 90, Note 4 (b) to Chapter 85 and by the wording of CN codes 8509  and 8509 80 00 .
                        The appliance performs the function of a domestic facial cleaner (see also the Harmonized System Explanatory Note (HSEN) to heading 8509 , first paragraph) as well as a massage function, but the latter is only ancillary. By virtue of Note 3 to Section XVI, machines designed for the purpose of performing two or more complementary functions are to be classified on the basis of the principal function. Therefore, classification under heading 9019  as massage apparatus is excluded.
                        Consequently, the appliance is to be classified under CN code 8509 80 00  as an electromechanical domestic appliance, with self-contained electric motor.


title: Commission Implementing Regulation (EU) 2021/531 of 22 March 2021 concerning the classification of certain goods in the Combined Nomenclature

text:
                  26.3.2021

                  EN

                  Official Journal of the European Union

                  L 106/52

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/531
         of 22 March 2021
         concerning the classification of certain goods in the Combined Nomenclature
         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 of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Articles 57(4) and 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

                     (2)

                     Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

                     (3)

                     Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

                     (4)

                     It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

            Article 2
            Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of 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, 22 March 2021.

                  For the Commission

               Gerassimos THOMAS

                  Director-General

                  Directorate-General for Taxation and CustomsUnion

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

            (2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

            ANNEX

                        Description of the goods

                        Classification
                        (CN-code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        A camera lens mount made of metal and plastic with a bayonet connection, and with dimensions of approximately 92 × 86 × 35,1 mm.
                        The article is designed to be attached to the front of the digital video camera recorder, being placed between the video camera recorder and the objective lens.
                        It is designed to allow for objective lenses to be used with digital video camera recorders with a different attachment thread size, providing mechanical iris control by moving its iris adjuster.

                        9002 11 00

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 1(m) to Section XVI, note 2 (b) to Chapter 90 and by the wording of CN codes 9002  and 9002 11 00 .
                        Classification under heading 8529  as a part suitable for use solely or principally with apparatus of headings 8525  to 8528  is excluded because the article is not essential for the function of the digital camera recorder.
                        As the article allows objective lenses to be used with digital video camera recorders with a different attachment thread size, it increases the range of operations of the objective lenses. Therefore, the article is to be considered an accessory identifiable as suitable for use solely or principally with objective lenses of heading 9002 (see judgment of the Court of 16 June 2011, Unomedical, C-152/10, ECLI:EU: C:2011:402, paragraphs 29, 30 and 34). Consequently, classification under heading 8479  as a machine having an individual function, not specified or included elsewhere in Chapter 84, is excluded because the article is covered more specifically by a heading in another chapter of the Nomenclature (see also the Harmonized System Explanatory Notes to heading 8479 , second paragraph (b)).
                        Therefore, the article is to be classified under CN code 9002 11 00  as an accessory for objective lenses of heading 9002 .


title: Commission Implementing Regulation (EU) 2021/532 of 22 March 2021 concerning the classification of certain goods in the Combined Nomenclature

text:
                  26.3.2021

                  EN

                  Official Journal of the European Union

                  L 106/55

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/532
         of 22 March 2021
         concerning the classification of certain goods in the Combined Nomenclature
         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 of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,
         Whereas:

                     (1)

                     In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

                     (2)

                     Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

                     (3)

                     Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

                     (4)

                     It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

                     (5)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

            Article 2
            Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of 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, 22 March 2021.

                  For the Commission

               Gerassimos THOMAS

                  Director-General

                  Directorate-General for Taxation and Customs Union

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

            (2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

            ANNEX

                        Description of the goods

                        Classification
                        (CN-code)

                        Reasons

                        (1)

                        (2)

                        (3)

                        An apparatus (so-called ‘camera station appliance’ or ‘all-in-one recorder’) presented in a single housing with dimensions of approximately 33 × 23 × 8 cm, comprising the following components:

                                    —

                                    passive and active elements,

                                    —

                                    a processor,

                                    —

                                    a graphic card,

                                    —

                                    an internal memory (hard disc drive).

                              The apparatus does not have a TV tuner.
                        The apparatus is equipped with the following interfaces: RJ45, USB, VGA, SPF and HDMI and integrated eight-port switch with PoE (Power over Ethernet) capability.
                        It is equipped with a ‘standard automatic data-processing machine’ operating system. It is also preconfigured and preloaded with special ‘camera management software’ and includes licences for eight channels.
                        The apparatus is designed to receive audio and video data via a telecommunication interface (and Internet Protocol (IP)) from up to eight surveillance cameras (IP cameras). The data can be recorded on the internal hard disc, on an external storage (via the USB interface) or the apparatus can send the data via the telecommunication networks to another IP address (for example, to a server, a switch, a mobile phone, or an automatic data-processing machine).
                        The apparatus can be connected to a monitor or a display and to a keyboard control. It is presented to be used within a security and surveillance system.

                        8521 90 00

                        Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 3 to Section XVI, note 5 (E) to Chapter 84 and by the wording of CN codes 8521  and 8521 90 00 .
                        Given its objective characteristics, the apparatus is intended to work together with up to eight cameras for video-surveillance purposes. A machine which, for such purposes, records signals from cameras and can either send them to another IP address or reproduce them on a display or monitor, performs a specific function other than data processing within the meaning of note 5(E) to Chapter 84. (See also judgement of the Court of Justice of 17 March 2005, Ikegami Electronics, C-467/03, ECLI:EU:C:2005:182). Classification under heading 8471  as an automatic data-processing machine is consequently excluded.
                        The apparatus is designed for the purpose of performing two or more complementary functions within the meaning of note 3 to Section XVI, namely transmission and reception of data of heading 8517  and video recording and reproducing of heading 8521 .
                        Based on the objective characteristics of the apparatus, the principal function is that of video recording within a security and surveillance system. The transmission and reception of data is merely an ancillary function intended to improve the operation of the system in which the apparatus is incorporated. Classification under heading 8517 is therefore excluded. (See also judgement of the Court of Justice of 25 February 2016, G. E. Security, C-143/15, ECLI:EU:C:2016:115, paragraphs 55 to 57).
                        The apparatus is therefore to be classified as other video recording or reproducing apparatus, whether or not incorporating a tuner, under CN code 8521 90 00 .


title: Council Implementing Regulation (EU) 2021/538 of 26 March 2021 implementing Article 21(2) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya

text:
                  29.3.2021

                  EN

                  Official Journal of the European Union

                  L 108/8

         COUNCIL IMPLEMENTING REGULATION (EU) 2021/538
         of 26 March 2021
         implementing Article 21(2) 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(2) 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 the basis of a review by the Council, the entry for one person should be deleted.

                     (3)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex III to Regulation (EU) 2016/44 is amended in accordance with the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on 3 April 2021.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 26 March 2021.

                  For the Council

                  The President

               A. P. ZACARIAS

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

            ANNEX
            In Regulation (EU) 2016/44, Annex III (List of natural and legal persons, entities or bodies referred to in Article 6(2)), Part A (Persons), entry 18 (concerning GHWELL, Khalifa) is deleted.


title: Commission Implementing Regulation (EU) 2021/540 of 26 March 2021 amending Implementing Regulation (EU) No 809/2014 as regards certain notification obligations, on-the-spot checks relating to livestock aid applications and payment claims under animal-related support measures, and on the submission of the single application, aid applications or payment claims

text:
                  29.3.2021

                  EN

                  Official Journal of the European Union

                  L 108/15

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/540
         of 26 March 2021
         amending Implementing Regulation (EU) No 809/2014 as regards certain notification obligations, on-the-spot checks relating to livestock aid applications and payment claims under animal-related support measures, and on the submission of the single application, aid applications or payment claims
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular points (a) and (b) of the first subparagraph of Article 62(2) and points (b) and (c) of the first paragraph of Article 78 thereof,
         Whereas:

                     (1)

                     In accordance with Article 9(3) of Commission Implementing Regulation (EU) No 809/2014 (2), Member States are to notify the Commission by 15 July each year of a report in respect of the measures taken for the administration and the control of the voluntary coupled support concerning the previous calendar year. Experience has shown that the existing requirement of an annual notification of those measures has become obsolete in the current integrated administration and control system. For reasons of simplification, that requirement should be deleted.

                     (2)

                     Where checks by monitoring are carried out, in accordance with Article 40a of Implementing Regulation (EU) No 809/2014, Member States obtain information that may indicate potential non-compliances also for the aid schemes and support measures subject to classical on-the-spot checks. That information should be used to induce compliance and improve the accuracy of data in the management and control system. Moreover, beneficiaries should be given the possibility to amend their single application, aid application or payment claim in order to rectify inaccuracies and avoid penalties. For reasons of simplifications and increased assurance, this should be reflected in Article 11(4) of Implementing Regulation (EU) No 809/2014.

                     (3)

                     Experience has shown that Member States should be given greater flexibility in setting the final dates for the submission of the single application, aid applications or payment claims referred to in Article 13(1) of Implementing Regulation (EU) No 809/2014 in order to better take into account their specific circumstances and in particular changing climatic and weather conditions. That approach should also apply to the dates for submitting amendments referred to in Article 15(2) of that Regulation.

                     (4)

                     Where a Member State applies the claimless system, the beneficiaries should be made aware that non-compliances with regard to the system for the identification and registration for bovine, ovine and caprine animals of all potentially eligible animals should be considered for the calculation of the support and the application of administrative penalties. However, the cases of non-compliance should be assessed in light of the specific rules set out in Article 30(4) of Commission Delegated Regulation (EU) No 640/2014 (3), and in accordance with Article 31 of that Regulation for the imposition of administrative penalties.

                     (5)

                     Considering that follow-up checks required by Article 33a(1) of Implementing Regulation (EU) No 809/2014 may concern very small amounts while causing disproportionate administrative burden, Member States should be allowed to limit the population of farmers to be subject to those follow-up checks. For that purpose, the threshold for non-pursuing recoveries provided in point (a) of the first subparagraph of Article 54(3) of Regulation (EU) No 1306/2013 should be used, as a transparent and non-discriminatory benchmark.

                     (6)

                     Experience has shown that phasing-in of checks by monitoring carried out under Article 40a of Implementing Regulation (EU) No 809/2014 may take longer than two years, depending on the size of the area concerned or complexities of the process. Member States should therefore be allowed a longer time to gradually progress towards the implementation of those checks on their full territory.

                     (7)

                     In order to assist Member States better in preparing their decisions on applying the checks by monitoring, additional time is needed for preparing the relevant notifications. The deadline to submit those notifications should therefore be extended, both in relation to checks on the eligibility conditions and cross-compliance.

                     (8)

                     For on the spot checks to be effective with regard to animal-related schemes, it is necessary to ensure that, where a Member State does not apply a retention period or where the retention period cannot be fixed in advance or where the retention period starts before an aid application or payment claim has been submitted, those checks are to be carried out during the period in which animals may qualify for payment or support. Furthermore, it should be clarified in Article 42(1) of Implementing Regulation (EU) No 809/2014 that this obligation also applies to on-the-spot checks carried out as a result of an increase of the control rate as set out in Article 35 of that Regulation, where relevant.

                     (9)

                     Implementing Regulation (EU) No 809/2014 should therefore be amended accordingly.

                     (10)

                     In order to ensure maximum efficiency of the rules provided in this Regulation, it should apply in relation to aid applications, applications for support and payment claims submitted for claim years or premium periods starting as from 1 January 2021.

                     (11)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee for Direct Payments and the Rural Development Committee,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Implementing Regulation (EU) No 809/2014 is amended as follows:

                        (1)

                        in Article 9, paragraph 3 is deleted;

                        (2)

                        in the first subparagraph of Article 11(4), the second and third sentences are replaced by the following:
                        ‘The results shall be notified to beneficiaries in a timely manner to support them in fulfilling the eligibility criteria, commitments and other obligations. Member States may use the provisional results at parcel level referred to in point (d) of the first subparagraph of Article 40a(1) as information relevant for preliminary checks for aid schemes and support measures which are not subject to checks by monitoring. Where a Member State decides to do so, Article 40a(4) shall not apply in respect of the information notified to the beneficiaries in the framework of preliminary checks.’;

                        (3)

                        in the first subparagraph of Article 13(1), the second and third sentences are deleted;

                        (4)

                        in Article 15, paragraph 2 is amended as follows:

                                    (a)

                                    the first subparagraph is replaced by the following:
                                    ‘Amendments made in accordance with paragraph 1 shall be notified to the competent authority by the final date fixed by the Member State.’;

                                    (b)

                                    in the second subparagraph, the first sentence is deleted;

                        (5)

                        in the third subparagraph of Article 21(4), point (b) is replaced by the following:

                                    ‘(b)

                                    the beneficiary is aware that any potentially eligible animals found not to be correctly identified or registered in the system for the identification and registration for animals shall count as animals non-determined in accordance with Article 31 of Delegated Regulation (EU) No 640/2014, unless they are covered by specific rules set out in Article 30(4) of that Regulation.’;

                        (6)

                        in Article 33a(1), the following subparagraph is added:
                        ‘Member States may decide to exclude from those follow-up on-the-spot checks beneficiaries whose reduced administrative penalty would correspond to the amounts for which Member States may decide not to pursue a recovery in accordance with point (a) of the first subparagraph of Article 54(3) of Regulation (EU) No 1306/2013.’;

                        (7)

                        in Article 40a(3), the second subparagraph is replaced by the following:
                        ‘The competent authority may decide to apply checks by monitoring to beneficiaries of an aid scheme or support measure in areas chosen on the basis of objective and non-discriminatory criteria. The competent authority shall substantially extend those areas in each consecutive year.’

                        (8)

                        Article 40b is replaced by the following:

                           ‘Article 40b
                           Notifications
                           Member States shall notify the Commission by 1 February of each calendar year of their decision to opt for checks by monitoring in that calendar year and indicate all the schemes or measures or types of operations and all the areas subject to checks by monitoring.
                           The Commission shall provide by 1 November of each calendar year a template for the submission of the notifications detailing the elements to be included in such notification.’;

                        (9)

                        in Article 42(1), the second subparagraph is replaced by the following:
                        ‘Where the Member State has determined a period in accordance with Article 21(1)(d), at least 50 % of the minimum rate of on-the-spot checks provided for in Articles 32, 33 and 35, respectively, shall be spread throughout that period for the respective animal aid scheme or animal-related support measure. However, where no retention period is applied, where the retention period cannot be fixed in advance or where the retention period starts before an aid application or payment claim has been submitted, all on-the-spot checks referred to in Articles 32, 33 and 35 shall be spread over the period in which an animal may qualify for the payment or support.’;

                        (10)

                        Article 70b is replaced by the following:

                           ‘Article 70b
                           Notifications
                           Member States shall notify the Commission by 1 February of the calendar year in which they start carrying out checks by monitoring of their decision to opt for checks by monitoring in accordance with Article 70a.’.

            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.
            It shall apply in relation to aid applications, applications for support and payment claims submitted for claim years or premium periods starting as from 1 January 2021.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 26 March 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

            (3)  Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance (OJ L 181 20.6.2014, p. 48).