title: Commission Implementing Regulation (EU) 2021/1327 of 10 August 2021 amending Annexes II, IX and XV to Implementing Regulation (EU) 2021/405 as regards the lists of third countries or regions thereof authorised for the entry into the Union of fresh meat of wild solipeds, fishery products from aquaculture, and insects, and correcting Annex XI to that Implementing Regulation as regards the list of third countries and regions thereof authorised for the entry into the Union of frogs’ legs and snails (Text with EEA relevance)

text:
                  11.8.2021

                  EN

                  Official Journal of the European Union

                  L 288/28

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/1327
         of 10 August 2021
         amending Annexes II, IX and XV to Implementing Regulation (EU) 2021/405 as regards the lists of third countries or regions thereof authorised for the entry into the Union of fresh meat of wild solipeds, fishery products from aquaculture, and insects, and correcting Annex XI to that Implementing Regulation as regards the list of third countries and regions thereof authorised for the entry into the Union of frogs’ legs and snails
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (1), and in particular Article 127(2) thereof,
         Whereas:

                     (1)

                     Commission Delegated Regulation (EU) 2019/625 (2) supplements Regulation (EU) 2017/625 as regards the requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption from third countries or regions thereof, in order to ensure that they comply with the applicable requirements established in the rules on food safety referred to in Article 1(2)(a) of Regulation (EU) 2017/625 or with requirements recognised to be at least equivalent. Those requirements include the identification of the animals and goods intended for human consumption which may only enter the Union from third countries or regions listed in accordance with Article 126(2)(a) of Regulation (EU) 2017/625.

                     (2)

                     A third country or region thereof can only be included in the list referred to in Article 126(2)(a) of Regulation (EU) 2017/625 if it complies with the requirements laid down in Article 127 of Regulation (EU) 2017/625, and with those laid down in Article 4(a) to (f) of Delegated Regulation (EU) 2019/625. The requirement laid down in Article 4(f) of Delegated Regulation (EU) 2019/625 is the existence, implementation and communication of a residues control programme approved by the Commission, when applicable, in accordance with Council Directive 96/23/EC (3).

                     (3)

                     Commission Implementing Regulation (EU) 2021/405 (4) lays down the lists of third countries and regions thereof authorised for the entry into the Union of certain animals and goods intended for human consumption in accordance with Regulation (EU) 2017/625, while Commission Decision 2011/163/EU (5) approves the residue monitoring plans submitted by certain third countries concerning specific animals and animal products listed in the Annex to that Decision.

                     (4)

                     Commission Implementing Decision (EU) 2021/653 (6) amended Decision 2011/163/EU and approved the residue monitoring plans of certain third countries, which comply with the requirement laid down in Article 4(f) of Delegated Regulation (EU) 2019/625. Some of these third countries had already submitted appropriate evidence and guarantees that the animals and goods concerned comply with the requirements laid down in Article 4(a) to (e) of Delegated Regulation (EU) 2019/625. These countries should be accordingly included in the lists laid down in Implementing Regulation (EU) 2021/405.

                     (5)

                     Implementing Decision (EU) 2021/653 removed or restricted the approval of the residue monitoring plans of certain third countries, which are currently included in the lists laid down in Implementing Regulation (EU) 2021/405. The lists laid down in Implementing Regulation (EU) 2021/405 should be amended accordingly so as to remove or restrict the authorisation of these countries.

                     (6)

                     Implementing Decision (EU) 2021/653 approved the residue monitoring plan of Namibia for wild game. Since Namibia provided sufficient evidence and guarantees that it fulfils the requirements of Union legislation for the entry into the Union of consignments of fresh meat, excluding offal and minced meat, and of meat preparations of wild solipeds, this country should be added to the list of third countries authorised for the entry into the Union of meat of wild solipeds laid down in Annex II to Implementing Regulation (EU) 2021/405, with the remark ‘only wild game’.

                     (7)

                     Implementing Decision (EU) 2021/653 approved the residue monitoring plan of Nigeria for aquaculture with the remark ‘excluding finfish’. Since Nigeria has provided sufficient evidence and guarantees that it fulfils the requirements of Union legislation for the entry into the Union of consignments of fishery products from aquaculture, the entry of Nigeria in the list laid down in Annex IX to Implementing Regulation (EU) 2021/405 should be amended so as to authorise the country for entry into the Union of consignments of fishery products from aquaculture with the exception of finfish.

                     (8)

                     Implementing Decision (EU) 2021/653 approved the residue monitoring plan of Oman for aquaculture with the remark ‘excluding crustaceans’. Since Oman has provided sufficient evidence and guarantees that it fulfils the requirements of Union legislation for the entry into the Union of consignments of fishery products from aquaculture, the entry of Oman in the list laid down in Annex IX to Implementing Regulation (EU) 2021/405 should be amended so as to authorise the country for the entry into the Union of consignments of fishery products from aquaculture with the exception of crustaceans.

                     (9)

                     Implementing Decision (EU) 2021/653 added the remark ‘excluding crustaceans’ to the approval of the residue monitoring plans for aquaculture of the Falklands Islands, Montenegro, Morocco and Ukraine. Therefore, these countries should not be authorised for the entry into the Union of crustaceans from aquaculture. Annex IX to Implementing Regulation (EU) 2021/405 should therefore be amended accordingly.

                     (10)

                     Implementing Decision (EU) 2021/653 added the remark ‘excluding finfish’ to the approval of the residue monitoring plans for aquaculture of Guatemala, Mozambique, Nicaragua, and Tanzania. Therefore, these countries should not be authorised for the entry into the Union of finfish from aquaculture. Annex IX to Implementing Regulation (EU) 2021/405 should therefore be amended accordingly.

                     (11)

                     Implementing Decision (EU) 2021/653 amended the footnotes applying to aquaculture products. ‘Only crustaceans’ and ‘only finfish’ were replaced by ‘excluding finfish’ and ‘excluding crustaceans’, respectively. For consistency reasons, it is necessary to align the wording of the remarks in Annex IX to Implementing Regulation (EU) 2021/405 to that in Implementing Decision (EU) 2021/653.

                     (12)

                     On 12 March 2021, the competent authority of the United Kingdom submitted to the Commission the relevant questionnaire for the evaluation of the entry of insects intended for human consumption into the Union. The competent authority of the United Kingdom responded satisfactorily to all questions, and therefore provided sufficient evidence and guarantees to the Commission that requirements equivalent to Article 126(1) of Regulation (EU) 2017/625 were complied with. The United Kingdom should therefore be included in the list of third countries authorised for the entry into the Union of consignments of insects laid down in Annex XV to Implementing Regulation (EU) 2021/405, without prejudice to the application of Union law to and in the United Kingdom in respect of Northern Ireland in accordance with Article 5(4) of the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community in conjunction with Annex 2 to that Protocol.

                     (13)

                     Annexes II, IX and XV to Implementing Regulation (EU) 2021/405 should therefore be amended accordingly.

                     (14)

                     Annex XI to Implementing Regulation (EU) 2021/405 contains errors concerning Armenia and Azerbaijan in terms of omission and product authorisation. Those errors alter the meaning of the text.

                     (15)

                     Annex XI to Implementing Regulation (EU) 2021/405 should therefore be corrected accordingly.

                     (16)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annexes II, IX, XI and XV to Implementing Regulation (EU) 2021/405 are replaced by the text 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, 10 August 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

            (2)  Commission Delegated Regulation (EU) 2019/625 of 4 March 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption (OJ L 131, 17.5.2019, p. 18).

            (3)  Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ L 125, 23.5.1996, p. 10).

            (4)  Commission Implementing Regulation (EU) 2021/405 of 24 March 2021 laying down the lists of third countries or regions thereof authorised for the entry into the Union of certain animals and goods intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ L 114, 31.3.2021, p. 118).

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

            (6)  Commission Implementing Decision (EU) 2021/653 of 20 April 2021 amending Decision 2011/163/EU on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC (OJ L 138, 22.4.2021, p. 1).

            ANNEX

                     ‘ANNEX II
                     List of third countries authorised for the entry into the Union of consignments of fresh meat, excluding offal and minced meat, and of meat preparations of wild solipeds, as referred to in Article 5 and Article 19(2)

                                 COUNTRY ISO CODE

                                 THIRD COUNTRY

                                 REMARKS

                                 NA

                                 Namibia

                                 Only wild game

                                 ZA

                                 South Africa

                                 Only wild game

                     ANNEX IX
                     List of third countries or regions thereof authorised for the entry into the Union of consignments of certain fishery products, as referred to in Article 13, Articles 18(3), 19(4), and 20(3), and Articles 22(b) and 25(d)

                                 COUNTRY ISO CODE

                                 THIRD COUNTRY OR REGIONS THEREOF

                                 REMARKS

                                 AE

                                 United Arab Emirates

                                 Aquaculture: Only raw material either from Member States or from other third countries approved for imports of such raw material into the Union

                                 AG

                                 Antigua and Barbuda

                                 Only live lobsters from wild catch

                                 AL

                                 Albania

                                 Excluding crustaceans from aquaculture

                                 AM

                                 Armenia

                                 Only live wild crayfish, heat processed non-farmed crayfish and frozen non-farmed crayfish

                                 AO

                                 Angola

                                 Only wild catch

                                 AR

                                 Argentina

                                 AU

                                 Australia

                                 AZ

                                 Azerbaijan

                                 Only caviar from wild catch

                                 BA

                                 Bosnia and Herzegovina

                                 Excluding crustaceans from aquaculture

                                 BD

                                 Bangladesh

                                 BJ

                                 Benin

                                 Only wild catch

                                 BN

                                 Brunei

                                 Only aquaculture products

                                 BQ

                                 Bonaire, Sint Eustatius, Saba

                                 Only wild catch

                                 BR

                                 Brazil

                                 BS

                                 Bahamas

                                 Only wild catch

                                 BY

                                 Belarus

                                 BZ

                                 Belize

                                 Only wild catch

                                 CA

                                 Canada

                                 CG

                                 Congo

                                 Only wild catch.
                                 Only fishery products caught, frozen and packed in their final packaging at sea

                                 CH

                                 Switzerland (1)

                                 CI

                                 Cote d’Ivoire

                                 Only wild catch

                                 CL

                                 Chile

                                 CN

                                 China

                                 CO

                                 Colombia

                                 CR

                                 Costa Rica

                                 CU

                                 Cuba

                                 CV

                                 Cape Verde

                                 Only wild catch

                                 CW

                                 Curaçao

                                 Only wild catch

                                 DZ

                                 Algeria

                                 Only wild catch

                                 EC

                                 Ecuador

                                 EG

                                 Egypt

                                 Only wild catch

                                 ER

                                 Eritrea

                                 Only wild catch

                                 FJ

                                 Fiji

                                 Only wild catch

                                 FK

                                 Falkland Islands

                                 Excluding crustaceans from aquaculture

                                 GA

                                 Gabon

                                 Only wild catch

                                 GB

                                 United Kingdom (2)

                                 GD

                                 Grenada

                                 Only wild catch

                                 GE

                                 Georgia

                                 Only wild catch

                                 GG

                                 Guernsey

                                 Only wild catch

                                 GH

                                 Ghana

                                 Only wild catch

                                 GL

                                 Greenland

                                 Only wild catch

                                 GM

                                 Gambia

                                 Only wild catch

                                 GN

                                 Guinea

                                 Only wild catch.
                                 Only fish that has not undergone any preparation or processing operation other than heading, gutting, chilling or freezing.

                                 GT

                                 Guatemala

                                 Excluding finfish from aquaculture

                                 GY

                                 Guyana

                                 Only wild catch

                                 HK

                                 Hong Kong

                                 Only wild catch

                                 HN

                                 Honduras

                                 ID

                                 Indonesia

                                 IL

                                 Israel (3)

                                 IM

                                 Isle of Man

                                 IN

                                 India

                                 IR

                                 Iran

                                 Excluding finfish from aquaculture

                                 JE

                                 Jersey

                                 Only wild catch

                                 JM

                                 Jamaica

                                 Only wild catch

                                 JP

                                 Japan

                                 KE

                                 Kenya

                                 KI

                                 Kiribati

                                 Only wild catch

                                 KR

                                 South Korea

                                 KZ

                                 Kazakhstan

                                 Only wild catch

                                 LK

                                 Sri Lanka

                                 MA

                                 Morocco

                                 Excluding crustaceans from aquaculture

                                 MD

                                 Moldova

                                 Only caviar

                                 ME

                                 Montenegro

                                 Excluding crustaceans from aquaculture

                                 MG

                                 Madagascar

                                 MK

                                 North Macedonia

                                 MM

                                 Myanmar/Burma

                                 MR

                                 Mauritania

                                 Only wild catch

                                 MU

                                 Mauritius

                                 MV

                                 Maldives

                                 Only wild catch

                                 MX

                                 Mexico

                                 MY

                                 Malaysia

                                 MZ

                                 Mozambique

                                 Excluding finfish from aquaculture

                                 NA

                                 Namibia

                                 Only wild catch

                                 NC

                                 New Caledonia

                                 Excluding finfish from aquaculture

                                 NG

                                 Nigeria

                                 Excluding finfish from aquaculture

                                 NI

                                 Nicaragua

                                 Excluding finfish from aquaculture

                                 NZ

                                 New Zealand

                                 OM

                                 Oman

                                 Excluding crustaceans from aquaculture

                                 PA

                                 Panama

                                 PE

                                 Peru

                                 PF

                                 French Polynesia

                                 Only wild catch

                                 PG

                                 Papua New Guinea

                                 Only wild catch

                                 PH

                                 Philippines

                                 PM

                                 Saint Pierre and Miquelon

                                 Only wild catch

                                 PK

                                 Pakistan

                                 Only wild catch

                                 RS

                                 Serbia

                                 RU

                                 Russia

                                 Only wild catch

                                 SA

                                 Saudi Arabia

                                 SB

                                 Solomon Islands

                                 Only wild catch

                                 SC

                                 Seychelles

                                 Only wild catch

                                 SG

                                 Singapore

                                 SH

                                 Saint Helena
                                 (Not including the islands of Tristan da Cunha and Ascension)

                                 Only wild catch

                                 Tristan da Cunha
                                 (Not including the islands of Saint Helena and Ascension)

                                 Only lobsters (fresh or frozen) from wild catch

                                 SN

                                 Senegal

                                 Only wild catch

                                 SR

                                 Suriname

                                 Only wild catch

                                 SV

                                 El Salvador

                                 Only wild catch

                                 SX

                                 Sint Maarten

                                 Only wild catch

                                 TH

                                 Thailand

                                 TN

                                 Tunisia

                                 Excluding crustaceans from aquaculture

                                 TR

                                 Turkey

                                 TW

                                 Taiwan

                                 TZ

                                 Tanzania

                                 Excluding finfish from aquaculture

                                 UA

                                 Ukraine

                                 Excluding crustaceans from aquaculture

                                 UG

                                 Uganda

                                 US

                                 United States

                                 UY

                                 Uruguay

                                 VE

                                 Venezuela

                                 VN

                                 Vietnam

                                 YE

                                 Yemen

                                 Only wild catch

                                 ZA

                                 South Africa

                                 Only wild catch

                                 ZW

                                 Zimbabwe

                                 Only wild catch

                     ANNEX XI
                     List of third countries or regions thereof authorised for the entry into the Union of consignments of frogs’ legs and of snails, as referred to in Article 17

                                 COUNTRY ISO CODE

                                 THIRD COUNTRY OR REGIONS THEREOF

                                 REMARKS

                                 AL

                                 Albania

                                 AM

                                 Armenia

                                 Only snails

                                 AU

                                 Australia

                                 AZ

                                 Azerbaijan

                                 BA

                                 Bosnia and Herzegovina

                                 Only snails

                                 BR

                                 Brazil

                                 Only frogs’ legs

                                 BY

                                 Belarus

                                 Only snails

                                 CA

                                 Canada

                                 Only snails

                                 CH

                                 Switzerland (4)

                                 CI

                                 Côte d’Ivoire

                                 Only snails

                                 CL

                                 Chile

                                 Only snails

                                 CN

                                 China

                                 DZ

                                 Algeria

                                 Only snails

                                 EG

                                 Egypt

                                 Only frogs’ legs

                                 GB

                                 United Kingdom (5)

                                 GG

                                 Guernsey

                                 GH

                                 Ghana

                                 Only snails

                                 ID

                                 Indonesia

                                 IM

                                 Isle of Man

                                 IN

                                 India

                                 Only frogs’ legs

                                 JE

                                 Jersey

                                 MA

                                 Morocco

                                 Only snails

                                 MD

                                 Moldova

                                 Only snails

                                 MK

                                 North Macedonia

                                 Only snails

                                 NG

                                 Nigeria

                                 Only snails

                                 NZ

                                 New Zealand

                                 Only snails

                                 PE

                                 Peru

                                 Only snails

                                 RS

                                 Serbia

                                 Only snails

                                 TH

                                 Thailand

                                 Only snails

                                 TN

                                 Tunisia

                                 Only snails

                                 TR

                                 Turkey

                                 UA

                                 Ukraine

                                 Only snails

                                 US

                                 United States

                                 Only snails

                                 VN

                                 Vietnam

                                 ZA

                                 South Africa

                                 Only snails

                     ANNEX XV
                     List of third countries authorised for the entry into the Union of consignments of insects as referred to in Article 24

                                 COUNTRY ISO CODE

                                 THIRD COUNTRY OR REGIONS THEREOF

                                 REMARKS

                                 CA

                                 Canada

                                 CH

                                 Switzerland

                                 GB

                                 United Kingdom (6)

                                 KR

                                 South Korea

                                 TH

                                 Thailand

                                 VN

                                 Vietnam

               ’

               (1)  In accordance with the Agreement of 21 June 1999 between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132).

               (2)  In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Annex references to the United Kingdom do not include Northern Ireland.

               (3)  Hereinafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

               (4)  In accordance with the Agreement of 21 June 1999 between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132).

               (5)  In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Annex references to the United Kingdom do not include Northern Ireland.

               (6)  In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Annex references to the United Kingdom do not include Northern Ireland.


title: Commission Implementing Regulation (EU) 2021/1328 of 10 August 2021 specifying the infrastructure requirements applicable to certain categories of dual-use infrastructure actions pursuant to Regulation (EU) 2021/1153 of the European Parliament and of the Council

text:
                  11.8.2021

                  EN

                  Official Journal of the European Union

                  L 288/37

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/1328
         of 10 August 2021
         specifying the infrastructure requirements applicable to certain categories of dual-use infrastructure actions pursuant to Regulation (EU) 2021/1153 of the European Parliament and of the Council
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 (1) and in particular Article 12(2) thereof,
         Whereas:

                     (1)

                     One of the specific objectives of the Connecting European Facility is to adapt parts of the trans-European transport network for a dual-use of the transport infrastructure in view of improving both civilian and military mobility. Actions or specific activities within an action, supporting parts, new or existing of the trans-European transport network suitable for military transport, in order to adapt it to dual-use transport infrastructure requirements, are eligible to receive Union financial assistance under Regulation (EU) 2021/1153 under certain conditions.

                     (2)

                     The transport infrastructure requirements applicable to certain categories of dual-use infrastructure actions should be specified. The dual-use transport infrastructure requirements should be based on the information contained in the updated military requirements (2) and the gap analysis (3), and the results of consultations with the representatives of European and international transport associations should be taken into account.

                     (3)

                     The dual-use requirements should represent generic technical values and standards for transport infrastructure projects, to be taken into account with regard to the actions under Regulation (EU) 2021/1153, contributing to the adaptation of the TEN-T core or comprehensive networks with the purpose of enabling a civilian-defence dual use of the infrastructure.

                     (4)

                     The measures provided for in this Regulation are in accordance with the opinion of the Connecting Europe Facility Coordination Committee, established by Regulation (EU) 2021/1153,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The transport infrastructure requirements provided for in Article 12(2) of Regulation (EU) 2021/1153 shall be as set out in the Annex.

            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, 10 August 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 249, 14.7.2021, p. 38.

            (2)  Military Requirements for Military Mobility within and beyond the EU (ST 11373/19; 19.7.2019)

            (3)  ‘Military requirements and trans-European transport network: gap analysis (SWD(2019) 175 final)’ as well as ‘the updated gap analysis between military requirements and trans-European transport network requirements’ (SWD(2020) 144 final).

            ANNEX

               Table 1

               Airports and air traffic management

                        No

                        Dual-use requirement

                        Dual-use value

                        Remark

                        1

                        Operating Periods

                        Construction or expansion of infrastructure and connections to multimodal transport and equipment allowing capability for 24/7 operations/Day/Night/All Weather operations.

                        Includes rail and pipeline connections for fuel (conditional to fuel for both military and civilian aircraft to be delivered).

                        2

                        Base Service Operations 24/7

                        Capability for Day/Night/All Weather operations.

                        3

                        Air Traffic Control

                        Air Traffic Control infrastructure with sufficient capacity to manage airfield day and night operations.

                        To be understood according to ICAO and EU Regulations as well as Eurocontrol CUMA Guidelines.

                        4

                        Air Assets per day

                        Infrastructure capacity of handling:
                        Aircraft per day: Minimum 6 per day.
                        Assumption for Wide-Body Aircraft: 4 concurrent maximum on ground parking on the apron.

                        5

                        Runway Length

                        Minimum Requirement: 3 000  m.
                        Recommended: 3 500  m.
                        To be determined in each Member State where a 2 800  m runway length could be sufficient.

                        Suitable for Aircraft Category Strategic Transportation as well as A330/A400M/IL76/B747/An225/C5/C17 aircraft.

                        6

                        Runway Width

                        45 m up to 60 m.
                        To be determined by Member States where the 60 m width is necessary.

                        Suitable for Aircraft Category Strategic Transportation as well as A330/A400M/IL76/B747/An225/C5/C17 aircraft.

                        7

                        Runway Surface

                        May be rigid or flexible type.
                        To be determined in each Member State where the 150m at the end of the runway should be rigid to combat the effects of jet engine efflux.

                        8

                        Taxiway

                        Width: 22,5 m, may be rigid or flexible type.

                        9

                        Runway Pavement Strength

                        Sufficient for Strategic Wide Body Aircraft

                        This requirement can be delivered in accordance with ICAO and EU regulations.

                        10

                        Apron – Length

                        Minimum of 190 m.

                        11

                        Apron Width

                        Minimum of 350 m.

                        12

                        Apron Capacity

                        66 500  m2.

                        13

                        Apron Pavement Classification Number (PCN) (1)

                        Driven by Aircraft Classification Number (ACN) (2) deriving from the subgrade type.

                        The ACR is a single unit rating expressing the related effect of an aircraft on a basement for a specific subgrade strength indicating a particular basement thickness (measured by its PCR). This requirement can be delivered in accordance with ICAO and EU regulations.
                        The relation between ACR/PCR is an updated methodology of the Aircraft Classification Number (ACN) and Pavement Classification Number (PCN) methodology. As of November 2024, the methodology for the assessment and reporting of airfield pavement bearing capacity will be expressed as a relation between the Aircraft Classification Rating and Pavement Classification Rating (ACR/PCR), instead of the relation between the Aircraft Classification Number and Pavement Classification Number (ACN/PCN).
                        The method has been approved by the ICAO Airport Design & Operations Panel (ADOP) and is since July 2020 the new ICAO Pavement Rating System. Adaptations of national documentations and design specificities will take place during a transition period between 2020 and 2024.

                        14

                        Runway Snow and Ice Equipment and De-Icing products

                        Storage enclosed area of 180 m2.

                        15

                        Crash Fire Rescue (Category)

                        Steel Frame or Masonry construction facility with storage (minimum 200 m2 with internal bay space of 98 m2) to store both crash and fire rescue vehicles.

               Table 2

               Seaports

                        No

                        Dual-use requirement

                        Dual-use value

                        Remark

                        1

                        Sea port operating period

                        Construction or expansion of infrastructure to multimodal transport network access, and equipment that allows operations 24/7 in all-weather conditions.

                        Includes icebreaking capacity and equipment to remove snow in a port.
                        Buildings, storage and warehouse facilities, cranes, conveyors, and other devices for moving freight, and mobile assets such as locomotives shall not be included. Actions shall not provide selective advantage to a particular operator or group of operators and shall be accessible on a non-discriminatory basis.

                        2

                        Number of Berths

                        3.

                        The berths have to be within a port as defined in the geographic data of the military requirements. The berths do not necessarily have to be situated next to each other.

                        3

                        Beam

                        32 m.

                        Entrance to seaport.

                        4

                        Vessel acceptance draught

                        Minimum 12 m at mean low water.

                        Entrance to seaport.

                        5

                        Port depth

                        Minimum 12 m, recommended 14 m to allow 2 m draught clearance.
                        To be determined in each Member State where a 12 m port depth could be sufficient.
                        1 m draught clearance could be sufficient in ports without tide effect.

                        Entrance to seaport.

                        6

                        Berth length

                        Minimum 310 m and up to 340 m per vessel.

                        7

                        Port berth beam

                        Minimum 32 m

                        For large/medium ships category at berth.

                        8

                        Port berth type

                        Should accommodate the following types of ships:
                        Barge, break-bulk, container, passengers, RoRo, tanker.

                        9

                        Berth draught

                        Minimum 12 m, recommended 14 m.
                        To be determined in each Member State where a 12 m berth draught depth would be sufficient.

                        Needed for large ships category and very large RoRo.

                        10

                        Offloading capabilities

                        2 ships simultaneously.

                        11

                        Number of rail spurs/heads

                        3.

                        Number of railheads needed.

               Table 3

               Railways

                        No

                        Dual-use requirement

                        Dual-use value

                        Remark

                        1

                        Railhead service operating period

                        Construction or expansion of infrastructure to multimodal transport network access, and equipment that allows operations 24/7 in all-weather conditions.

                        2

                        Railway passengers assets

                        Infrastructure capable of handling railway passenger’s carriage cars (capable of moving passengers), including double-deckers, for loading minimum 80 PAX on each; minimum number of carriages per day: 6 pieces.

                        3

                        Railway stations

                        Platform infrastructure capable of managing 3-4 trains (10 x double-decker carriages or equivalent) per station per day (5k PAX per day per station).

                        4

                        Railhead operations

                        Infrastructure capable of handling at least 3 freight trains simultaneously in terminal locations.

                        Equipment traveling by rail will be subjected to careful load and journey planning to ensure compliance with available MS rail gauge, infrastructure, routes and tunnels.

                        5

                        Electrification system availability

                        Permanent with back-up system regardless of the energy source.

                        Concerns back-up systems for stations or multimodal handling facilities.

                        6

                        Bi-polarization

                        Yes for access.

                        Pertains to safety systems and track circuits to detect trains on the tracks, and if the railhead allows one or more tracks on a multiple track railway to be operated in either direction, whether for regular or emergency use.

                        7

                        Lighting availability

                        24/7 lighting capability in stations and terminals.

                        8

                        Track gauge

                        1 435  mm. Ideal for standard continuous rail network pan-Europe and highly desirable for military mobility.
                        In instances where there is a clear benefit for both the civilian and military sectors, 1 520 /1 524  mm and 1 668  mm railway gauges can be accepted.

                        9

                        Loading gauge

                        GC standard recommended.
                        To be determined in each Member State where a different loading gauge enveloping P-400 and that is in line with the rail TSIs would be sufficient.

                        Large container loading gauge. GC fits the UIC P-400 standard.

                        10

                        Max cargo height

                        4,5 m.

                        The figure includes the safety margin.

                        11

                        Max cargo width

                        3,15 m in normal circumstances.
                        Up to 3,75 m in exceptional cases, where there is a clear civilian benefit and the TSIs are respected.

                        Desirable width would be up to 4,5 m for military movement.

                        12

                        Max cargo length

                        18,75 m.

                        13

                        Rail axle load in tonnes

                        Minimum 22.5 t/axle on the core TEN-T; recommended 25 t/axle.

                        The axle load requirement for the TEN-T core rail network including bridges is minimum 22,5 t/axle. Of note, upgrades of axle weight to minimum 25 t/axle could be beneficial for civilian and military movements. Currently military movement is at the limit of existing gross weight.

                        14

                        Max train length

                        Minimum 740 m.

                        Regulation (EU) No 1315/2013 of the European Parliament and of the Council (3) requires the capacity to operate at least 740 m long trains.
                        The length of a moving train varies (e.g. when breaking or accelerating). The dual-use requirement is therefore congruent with the military requirement.

                        15

                        Siding spurs

                        Minimum 3, each minimum ≥ 300 m.

                        Can either be in the vicinity of or within terminal locations.

               Table 4

               Roads

                        No

                        Dual-use requirement

                        Dual-use value

                        Remark

                        1

                        Road classification

                        Single lane: 3,5 m – 5,5 m
                        Single flow 5,5 m – 7,3 m
                        Double flow ≥ 7,3 m.

                        Single flow – isolated vehicles pass or travel in the opposite direction at set points/areas.
                        Double flow – 2 columns of vehicles travel concurrently and at least 2 lanes wide (ideally no narrower than 8,2 m).
                        Projects related to using hard shoulders as additional lanes are excluded.

                        2

                        Route types

                        Type X – all-weather well maintained route, usable all year to maximum capacity.

                        Type X is preferred for military movement, with waterproof surfaces generally unaffected by precipitation or temperature changes.

                        3

                        Road gross weights

                        130 t.

                        130 t does not refer to the free circulation of vehicles with a gross weight of 130 t. This dual-use requirement refers to the capacity of road surfaces to withstand movements or transport of the overweight military assets on an occasional basis.
                        The civilian limitation 44 t (as indicated in Council Directive 96/53/EC  (4)) should therefore allow for occasional movements of overweight transport assets of up to 130 t with a maximum axle load of 12,23 t/axle.
                        Such occasional movements (both military and civilian) do most likely require special permits or waivers and appropriate mitigation measures, which are exceptionally determined by the MS.

                        4

                        Bridge gross weights

                        130 t.

                        130 t does not refer to the free circulation of vehicles with a gross weight of 130 t. This dual-use requirement refers to bridges’ capacity to withstand movements or transport of the overweight military assets on an occasional basis.
                        Such occasional movements (both military and civilian) do most likely require special permits or waivers and appropriate mitigation measures, which are exceptionally determined by the Member States.
                        Bridges shall be capable of allowing a gross weight of 130 t with a maximum axle load of 12,23 t/axle (Directive 96/53/EC allows up to 11,5 t/axle with the exception of France, where the allowed load is 13 t/axle). In circumstances where a single vehicle weighs 130 t, it will be necessary to ensure that appropriate mitigation measures such as speed, distance to other vehicles have been applied and, if necessary, single traffic flow are imposed for bridge use.
                        Road bridges are designed to withstand fully loaded vehicles across their entire length on each lane. Therefore, if a bridge can support multiple trucks weighing 44 t simultaneously, it should also be able to support an occasional total gross weight of 130 t, if the appropriate mitigation measures such as speed, distance between vehicles and distance between the vehicles’ axles are ensured.

                        5

                        Maximum cargo height

                        4.5 m.
                        Tunnel restrictions need consideration in route planning particularly for flatbed vehicles, trailers and dangerous goods. To be determined in each country if and where 4.5 m shall be applicable.

                        This includes the combination of the height of the vehicle cargo-deck, plus the cargo height and an overhead safety clearance margin.
                        Directive 96/53/EC allows up to 4 m vehicle height.
                        Upon receiving an exceptional transport permit, 4.5 m height is possible (4.35 m transport height + 0.15 m for suspension and vehicle movements).

                        6

                        Maximum cargo width

                        4.5 m.

                        As indicated in Directive 96/53/EC, the maximum vehicle width of an authorized vehicle is 2,55 m. Typically, wheeled vehicles require 3.5 m and tracked vehicles 4.5 m for military transport. Such occasional movements (both military and civilian) do most likely require special permits or waivers and appropriate mitigation measures, which are exceptionally determined by the Member States.

                        7

                        Maximum cargo length

                        18,75 m up to 27,5 m

                        Maximum vehicle length is 18,75 m with an extension up to 25,03 m where infrastructure development allows. Longer vehicles may be allowed to circulate upon receiving an exceptional transport permit. Cargo weighing over 130 t will generally require an 8-tyre x 4-axle tractor + an 8-axle trailer combination. In most cases, a traditional 8-axle semi-trailer suffices for dual-use purposes. However, when for practical reasons (e.g. bridge clearance height) a low-bed trailer is required, this will necessarily be a 3-bed-5 semi-trailer, whose length is around 22,5 m. Coupled to an 8-tyre x 4-axle tractor unit, the total length of the combined vehicle will be around 27 m. The use of low-bed trailers brings benefits when it comes to extra bridges and flyover height clearances, as axle loads of a longer vehicle will be distributed on a larger area, thus reducing the point loadings on bridges and overpasses. Most Member States already accept 27,5 m vehicles as part of the exceptional transport permits they issue.

                        8

                        Turning radius for heavy equipment transport

                        12,5 m up to 15,5 m.
                        To be determined in each Member State.

                        The requirement in Directive 96/53/EC is that road vehicles must be able to turn within an outer radius of 12,5 m.

               Table 5

               Inland waterways

                        No

                        Dual-use requirement

                        Dual-use value

                        Remark

                        1

                        Locks

                        In accordance with the UNECE ‘Blue Book’ Standards (5)

                        2

                        Draught

                        In accordance with the UNECE ‘Blue Book’ Standards (6)

                        3

                        Berth

                        2

                        Number of berths.

                        4

                        Offloading Capabilities

                        2 barges simultaneously

                        5

                        Bridge clearance

                        3,5 m

                        In line with Regulation (EU) No 1315/2013.

               Table 6

               Multimodal equipment handling (road, rail, maritime and inland waterways)

                        No

                        Dual-use requirement

                        Dual-use value

                        Remark

                        1

                        Node connection

                        Required at seaport/airport/inland waterway/railway head/main roads where applicable including cross-decking loading points across multi-modal transport means

                        2

                        Loading ramps and handling equipment/Parking capacity

                        Sufficient number of loading ramps (fixed) capable of supporting 100 t cargo and vehicles up to 120 t including Main Battle Tanks with a maximum axle load of 12,23 t/axle (road) and minimum 22,5 t/axle (rail).
                        Handling equipment particular for cross-connection to multimodal nodes (rail, air, seaport (LoLo/RoRo) and inland waterways). Parking capacity capable for temporary hold rolling stock and general cargo.
                        Actions relating to fixed infrastructure supporting the movement of road, rail, maritime and inland waterways assets in multimodal equipment handling facilities.

                        Suitable for freight containers meeting the definition of the ISO 1496-1:2013 Series 1 standard.
                        Road ramps should have ability to handle containers, heavy equipment and general cargo.
                        Buildings, storage and warehouse facilities, cranes, conveyors, and other devices for moving freight, and mobile assets such as locomotives are excluded.
                        Actions shall not provide selective advantage to a particular operator or group of operators and shall be accessible on a non-discriminatory basis.

               Table 7

               Cybersecurity

                        No

                        Dual-use requirement

                        Dual-use value

                        Remark

                        1

                        Cybersecurity

                        Cybersecurity equipment, solutions and systems directly related to project proposals linked to the resilience of dual-use infrastructure, where it is appropriate.

               (1)  The Pavement Classification Rating (PCR) has replaced the Pavement Classification Number (PCN) methodology. PCN remains valid during the transition phase until 2024.

               (2)  The Aircraft Classification Rating (ACR) has replaced the Aircraft Classification Number (ACN) methodology. ACN remains valid during the transition phase until 2024.

               (3)  Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).

               (4)  Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic (OJ L 235, 17.9.1996, p. 59).

               (5)  Inventory of main standards and parameters of the E waterway network ‘Blue Book’ (ECE/TRANS/SC.3/144/Rev.3.), by the United Nations Economic Commission for Europe. The dual-use requirement should be read in conjunction with this document.

               (6)  Ibid.


title: Commission Implementing Regulation (EU) 2021/1329 of 10 August 2021 amending Implementing Regulations (EU) 2020/2235, (EU) 2020/2236, (EU) 2021/403 and (EU) 2021/404 as regards extending the transitional period for the use of animal health certificates, animal health/official certificates and official certificates required for the entry into the Union of certain consignments (Text with EEA relevance)

text:
                  11.8.2021

                  EN

                  Official Journal of the European Union

                  L 288/48

         COMMISSION IMPLEMENTING REGULATION (EU) 2021/1329
         of 10 August 2021
         amending Implementing Regulations (EU) 2020/2235, (EU) 2020/2236, (EU) 2021/403 and (EU) 2021/404 as regards extending the transitional period for the use of animal health certificates, animal health/official certificates and official certificates required for the entry into the Union of certain consignments
         (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 Articles 213(2), 224(4), 230(1), 238(3) and 239(3) thereof,
         Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (2), and in particular Article 90 and Article 126(3) thereof,
         Whereas:

                     (1)

                     Commission Implementing Regulations (EU) 2020/2235 (3), (EU) 2020/2236 (4) and (EU) 2021/403 (5) lay down, inter alia, models of animal health certificates, animal health/official certificates and official certificates required to accompany consignments of animals and goods for the entry into the Union of those consignments. Those Implementing Regulations were adopted within the framework of Regulations (EU) 2016/429 and (EU) 2017/625. Regulation (EU) 2016/429 and those three Implementing Regulations apply from 21 April 2021.

                     (2)

                     Implementing Regulations (EU) 2020/2235, (EU) 2020/2236 and (EU) 2021/403 provide for a transitional period for the entry into the Union of consignments of animals and goods accompanied by the appropriate certificates required for the entry into the Union of those consignments, issued in accordance with the relevant model certificates laid down in Union legislation in force before 21 April 2021, provided that they are duly signed before 21 August 2021. Those certificates are required to be read in accordance with the transitional provisions laid down in those Implementing Regulations, as regards any acts that have ceased to apply referred to in those certificates. That transitional period ends on 20 October 2021.

                     (3)

                     In addition, Commission Implementing Regulation (EU) 2021/404 (6) lays down, inter alia, rules concerning the model animal health certificates to be used for the entry into the Union of certain consignments of animals, germinal products and products of animal origin from third countries, territories or zones thereof. That Implementing Regulation provides for transitional provisions as regards the entry into the Union of consignments of animals, germinal products and products of animal origin from third countries, territories or zones thereof accompanied by the appropriate certificates issued in accordance with Union legislation in force before 21 April 2021, provided that the certificates are duly signed before 21 August 2021. Those certificates are required to be read in accordance with the transitional provisions laid down in that Implementing Regulation, as regards any acts that have ceased to apply referred to in those certificates. That transitional period also ends on 20 October 2021.

                     (4)

                     The transitional period currently provided for in Implementing Regulations (EU) 2020/2235, (EU) 2020/2236, (EU) 2021/403 and (EU) 2021/404, does not give sufficient time to put in place the necessary measures in third countries and territories for the issuance of new certificates in accordance with Union legislation applicable since 21 April 2021. Accordingly, the transitional period laid down in those Implementing Regulations should be extended to 15 March 2022 by which time the necessary measures should be in place and operational. That extension should assist the transition to the use of the new certificates provided for in those four Implementing Regulations and prevent any unnecessary disruption to trade concerning the entry into the Union of consignments falling within the scope of those Implementing Regulations.

                     (5)

                     It is therefore necessary to extend the transitional period laid down in Implementing Regulations (EU) 2020/2235, (EU) 2020/2236, (EU) 2021/403 and (EU) 2021/404 in order to provide sufficient time for the third countries and territories to put in place the necessary measures for the new certification requirements applicable since 21 April 2021, for a period until 15 March 2022, provided that the relevant certificate is signed before 15 January 2022 by the person authorised to sign it, in order to avoid any unnecessary disruptions in trade.

                     (6)

                     Implementing Regulations (EU) 2020/2235, (EU) 2020/2236, (EU) 2021/403 and (EU) 2021/404 should therefore be amended accordingly.

                     (7)

                     In the interest of legal certainty, the amendments to be made to Implementing Regulations (EU) 2020/2235, (EU) 2020/2236, (EU) 2021/403 and (EU) 2021/404 by this Regulation should take effect as a matter of urgency.

                     (8)

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

               HAS ADOPTED THIS REGULATION:

            Article 1
            Amendment to Implementing Regulation (EU) 2020/2235
            In Article 35 of Implementing Regulation (EU) 2020/2235, paragraph 1 is replaced by the following:

                  ‘1.   Consignments of products of animal origin, composite products, sprouts intended for human consumption and seeds intended for the production of sprouts for human consumption accompanied by the appropriate certificate issued in accordance with the models laid down in Regulation (EU) No 28/2012 and Implementing Regulation (EU) 2019/628 shall be accepted for entry into the Union until 15 March 2022 provided that the certificate was signed by the person authorised to sign the certificate in accordance with that Regulation and Implementing Regulation before 15 January 2022.’

            Article 2
            Amendment to Implementing Regulation (EU) 2020/2236
            In Article 10 of Implementing Regulation (EU) 2020/2236, paragraph 1 is replaced by the following:

                  ‘1.   Consignments of aquatic animals and products of animal origin from aquatic animals accompanied by the appropriate animal health certificate issued in accordance with the model laid down in Regulation (EC) No 1251/2008 shall be accepted for entry into the Union until 15 March 2022 provided that the animal health certificate was signed by an official inspector before 15 January 2022.’

            Article 3
            Amendment to Implementing Regulation (EU) 2021/403
            In Article 27 of Implementing Regulation (EU) 2021/403, paragraph 1 is replaced by the following:

                  ‘1.   Consignments of terrestrial animals and germinal products thereof accompanied by the appropriate certificate issued in accordance with the models laid down in Regulations (EC) No 798/2008 and (EU) No 206/2010, Implementing Regulations (EU) No 139/2013 and (EU) 2018/659, Decisions 2006/168/EC and 2010/472/EU, as well as in accordance with Implementing Decisions 2011/630/EU, 2012/137/EU and (EU) 2019/294, shall be accepted for entry into the Union until 15 March 2022 provided that the certificate was signed by the person authorised to sign the certificate in accordance with those Regulations, Implementing Regulations, Decisions and Implementing Decisions before 15 January 2022.’

            Article 4
            Amendment to Implementing Regulation (EU) 2021/404
            In Article 6 of Implementing Regulation (EU) 2021/404, paragraph 1 is replaced by the following:

                  ‘1.   Consignments of animals, germinal products and products of animal origin from third countries, territories or parts thereof authorised for entry into the Union in accordance with the following acts and, accompanied by the appropriate certificate issued in accordance with those acts, shall be permitted for entry into the Union until 15 March 2022, provided that the certificate was signed by the person authorised to sign the certificate in accordance with those acts before 15 January 2022:

                              —

                              Regulation (EC) No 798/2008,

                              —

                              Regulation (EC) No 1251/2008,

                              —

                              Regulation (EU) No 206/2010,

                              —

                              Regulation (EU) No 605/2010,

                              —

                              Implementing Regulation (EU) No 139/2013,

                              —

                              Implementing Regulation (EU) 2016/759,

                              —

                              Implementing Regulation (EU) 2018/659,

                              —

                              Decision 2006/168/EC,

                              —

                              Decision 2007/777/EC,

                              —

                              Decision 2008/636/EC,

                              —

                              Decision 2010/472/EU,

                              —

                              Decision 2011/630/EU,

                              —

                              Implementing Decision 2012/137/EU,

                              —

                              Implementing Decision (EU) 2019/294.’

            Article 5
            Entry into force
            This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 10 August 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

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

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

            (3)  Commission Implementing Regulation (EU) 2020/2235 of 16 December 2020 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates, model official certificates and model animal health/official certificates, for the entry into the Union and movements within the Union of consignments of certain categories of animals and goods, official certification regarding such certificates and repealing Regulation (EC) No 599/2004, Implementing Regulations (EU) No 636/2014 and (EU) 2019/628, Directive 98/68/EC and Decisions 2000/572/EC, 2003/779/EC and 2007/240/EC (OJ L 442, 30.12.2020, p. 1.).

            (4)  Commission Implementing Regulation (EU) 2020/2236 of 16 December 2020 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates for the entry into the Union and movements within the Union of consignments of aquatic animals and of certain products of animal origin from aquatic animals, official certification regarding such certificates and repealing Regulation (EC) No 1251/2008 (OJ L 442, 30.12.2020, p. 410).

            (5)  Commission Implementing Regulation (EU) 2021/403 of 24 March 2021 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates and model animal health/official certificates, for the entry into the Union and movements between Member States of consignments of certain categories of terrestrial animals and germinal products thereof, official certification regarding such certificates and repealing Decision 2010/470/EU (OJ L 113, 31.3.2021, p. 1).

            (6)  Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and the Council (OJ L 114, 31.3.2021, p. 1).


title: Commission Implementing Regulation (EU) 2021/1337 of 18 June 2021 amending Implementing Regulation (EU) No 908/2014 as regards financial management

text:
                  12.8.2021

                  EN

                  Official Journal of the European Union

                  L 289/9

            COMMISSION IMPLEMENTING REGULATION (EU) 2021/1337
            of 18 June 2021
            amending Implementing Regulation (EU) No 908/2014 as regards financial management

            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 Article 46(6) and Article 104 thereof,

            Whereas:

                           (1)

                           Article 11 of Commission Implementing Regulation (EU) No 908/2014 (2) sets out the general rules on the declaration of expenditure and the assigned revenue declared by paying agencies in respect of a given month. At the moment of establishing the monthly payments to the Member States, the Commission takes into account the corrections decided by the Commission under the clearance of accounts and conformity clearance. Consequently, since the amounts corresponding to those corrections are known by the Commission, there is no specific need for the Member States to include them in the monthly declaration and declare them to the Commission. In order to simplify the procedure as regards the amounts to be declared by the Member States, that requirement should be deleted.

                           (2)

                           Article 14(1) of Implementing Regulation (EU) No 908/2014 provides that by deciding to make the monthly payments, the Commission is to make available to the Member States the resources needed to cover the expenditure to be financed under the European Agricultural Guarantee Fund (‘EAGF’). By doing so, the Commission should, however, take into account the revenue received by the paying agencies on behalf of the Union’s budget. Currently under the EAGF, the Commission is netting off the expenditure amounts against the assigned revenue amounts directly in the monthly payment decision issued by the Commission. This financial operation derogates from the way assigned revenue is managed under other Union Funds, where it is not netted off but recovered via a recovery order drawn up pursuant to Article 98 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (3). In order to harmonise the Commission’s accounting practices and, in particular, the way assigned revenue is managed, it is necessary to align this technical aspect of the financial management of the EAGF with the flow used by other Union Funds. Consequently, there is a need for amending the way in which revenue effected under the EAGF is to be offset.

                           (3)

                           Regulation (EU) 2020/2220 of the European Parliament and of the Council (4) amended Regulation (EU) No 1305/2013 of the European Parliament and of the Council (5) and extended the period of duration of rural development programmes supported by the European Agricultural Fund for Rural Development (‘EAFRD’) until 31 December 2022, while providing Member States with the possibility to finance their extended programmes from the corresponding budget allocation for the years 2021 and 2022. Moreover, Regulation (EU) 2020/2220 made the additional resources from the European Union Recovery Instrument (‘EURI’) available in the extended programmes in the years 2021 and 2022 to fund measures under Regulation (EU) No 1305/2013 to address the impact of the COVID-19 crisis and its consequences for the Union agricultural sector and rural areas.

                           (4)

                           As set out in recital 24 of Regulation (EU) 2020/2220, the additional resources from the EURI are subject to specific conditions. Those additional resources should thus be programmed and monitored separately from the Union support for rural development, while applying, in general, the rules set out in Regulation (EU) No 1305/2013. Hence, those additional resources should be implemented through Regulation (EU) No 1305/2013 and considered in the framework of that Regulation as amounts that finance measures under the EAFRD. As a consequence, the respective implementing financial management rules in relation to the additional resources referred to in Article 58a of Regulation (EU) No 1305/2013 should be adapted. In particular, the forecasting of the funding requirements, the declarations of expenditure to be provided by the Member States and the calculation of the amount to be paid should be adjusted in relation to the EAFRD allocations.

                           (5)

                           Implementing Regulation (EU) No 908/2014 should therefore be amended accordingly.

                           (6)

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

            HAS ADOPTED THIS REGULATION:

                  Article 1

               Implementing Regulation (EU) No 908/2014 is amended as follows:

                           (1)

                           in Article 11(1), point (c), the last sentence is deleted;

                           (2)

                           in Article 14(1), the second subparagraph is replaced by the following:
                           ‘When the payments to be made by the Commission lead to a negative amount for a Member State, the surplus deductions shall be carried over to the following months.’;

                           (3)

                           in Article 21, the first paragraph is replaced by the following:
                           ‘For each rural development programme as referred to in Article 6 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council (*1), and in accordance with Article 102(1), first subparagraph, point (c)(ii), of Regulation (EU) No 1306/2013, Member States shall send to the Commission, twice per year, by 31 January and 31 August at the latest, their forecasts of the amounts to be funded by the EAFRD for the financial year. Those forecasts shall indicate separately the amounts forecasted for the additional resources referred to in Article 58a(2) of Regulation (EU) No 1305/2013. In addition, Member States shall send an updated estimate of their funding requests for the following financial year.

                              (*1)  Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).’;"

                           (4)

                           in Article 22(1), the first and second subparagraphs are replaced by the following:

                              ‘1.   Paying agencies shall declare expenditure for each rural development programme as referred to in Article 6 of Regulation (EU) No 1305/2013.
                              For each rural development measure, paying agencies shall specify in a declaration of expenditure the amount referred to in Article 58(4) of Regulation (EU) No 1305/2013 and the amount referred to in Article 58a(2) of that Regulation (EU) No 1305/2013.’;

                           (5)

                           in Article 23, paragraph 2 is replaced by the following:

                              ‘2.   Without prejudice to the ceiling provided for in Article 34(2) of Regulation (EU) No 1306/2013, where the combined total of the Union contribution paid to the rural development programme exceeds the total programmed for a rural development measure, the amount to be paid shall be reduced as follows:

                                          (a)

                                          for resources under the EAFRD, without the additional resources referred to in Article 58a of Regulation (EU) No 1305/2013, it shall be reduced to the amount programmed for that measure under the EAFRD, without the additional resources;

                                          (b)

                                          for the additional resources referred to in Article 58a of Regulation (EU) No 1305/2013, it shall be reduced to the amount programmed for that measure under the additional resources.

                                    Any Union contribution excluded as a result may be paid later provided that an adjusted financing plan has been submitted by the Member State and accepted by the Commission.’.

                  Article 2

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

               This Regulation shall be binding in its entirety and directly applicable in all Member States.
               Done at Brussels, 18 June 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 908/2014 of 6 August 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency (OJ L 255, 28.8.2014, p. 59).

            (3)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

            (4)  Regulation (EU) 2020/2220 of the European Parliament and of the Council of 23 December 2020 laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) in the years 2021 and 2022 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards resources and application in the years 2021 and 2022 and Regulation (EU) No 1308/2013 as regards resources and the distribution of such support in respect of the years 2021 and 2022 (OJ L 437, 28.12.2020, p. 1).

            (5)  Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).