# Official Journal L 179/2020

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 179 |
| | |
| English edition | Legislation | Volume 639 June 2020 |

ISSN 1977-0677

Official Journal

of the European Union

L 179

English edition

Legislation

Volume 639 June 2020

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Delegated Regulation (EU) 2020/756 of 1 April 2020 amending Annexes II and III to Regulation (EU) No 1307/2013 of the European Parliament and of the Council | 1 |
| | * | Commission Regulation (EU) 2020/757 of 8 June 2020 amending Regulation (EU) No 142/2011 as regards the traceability of certain animal by-products and derived products (
  1
  ) | 5 |
| | | DECISIONS |
| | * | Commission Implementing Decision (EU) 2020/758 of 4 June 2020 on measures to be taken by the United Kingdom concerning Xylella fastidiosa and Ceratocystis platani

  (notified under document C(2020) 3604) | 8 |
| | * | Commission Implementing Decision (EU) 2020/759 of 8 June 2020 amending Implementing Decision (EU) 2016/588 in order to include the use of 12 Volt efficient alternators in passenger cars capable of running on certain alternative fuels (
  1
  ) | 13 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Delegated Regulation (EU) 2020/756 of 1 April 2020 amending Annexes II and III to Regulation (EU) No 1307/2013 of the European Parliament and of the Council

1

*

Commission Regulation (EU) 2020/757 of 8 June 2020 amending Regulation (EU) No 142/2011 as regards the traceability of certain animal by-products and derived products (
  1
  )

1

5

DECISIONS

*

Commission Implementing Decision (EU) 2020/758 of 4 June 2020 on measures to be taken by the United Kingdom concerning Xylella fastidiosa and Ceratocystis platani

  (notified under document C(2020) 3604)

Xylella fastidiosa

Ceratocystis platani

(notified under document C(2020) 3604)

8

*

Commission Implementing Decision (EU) 2020/759 of 8 June 2020 amending Implementing Decision (EU) 2016/588 in order to include the use of 12 Volt efficient alternators in passenger cars capable of running on certain alternative fuels (
  1
  )

1

13

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

REGULATIONS

| 9.6.2020 | EN | Official Journal of the European Union | L 179/1 |
| --- | --- | --- | --- |

9.6.2020

EN

Official Journal of the European Union

L 179/1

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COMMISSION DELEGATED REGULATION (EU) 2020/756

of 1 April 2020

amending Annexes II and III to Regulation (EU) No 1307/2013 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) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payment to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (1), and in particular Articles 6(3) and 7(3) thereof,

Whereas:

| (1) | In accordance with Article 11(1) of Regulation (EU) No 1307/2013, Member States are to reduce the amount of direct payments to be granted to a farmer for a given calendar year, pursuant to Chapter 1 of Title III of that Regulation, by at least 5 % for the part of the amount exceeding EUR 150 000, unless they apply paragraph 3 of that Article. In accordance with Article 7(2) of that Regulation, the estimated product of that reduction is to be made available as additional support for measures under rural development. |
| --- | --- |

(1)

In accordance with Article 11(1) of Regulation (EU) No 1307/2013, Member States are to reduce the amount of direct payments to be granted to a farmer for a given calendar year, pursuant to Chapter 1 of Title III of that Regulation, by at least 5 % for the part of the amount exceeding EUR 150 000, unless they apply paragraph 3 of that Article. In accordance with Article 7(2) of that Regulation, the estimated product of that reduction is to be made available as additional support for measures under rural development.

| (2) | In accordance with the third subparagraph of Article 11(6) of Regulation (EU) No 1307/2013, the Member States notified the Commission by 31 December 2019 of their decision with regard to the reduction of the amount of direct payments and the resulting estimated product of reduction for calendar year 2020. The notifications of Bulgaria, Czechia, Denmark, Estonia, Ireland, Spain, Italy, Latvia, Hungary, the Netherlands, Poland, Portugal, Slovakia, Finland, Sweden and the United Kingdom indicated an estimate bigger than zero. |
| --- | --- |

(2)

In accordance with the third subparagraph of Article 11(6) of Regulation (EU) No 1307/2013, the Member States notified the Commission by 31 December 2019 of their decision with regard to the reduction of the amount of direct payments and the resulting estimated product of reduction for calendar year 2020. The notifications of Bulgaria, Czechia, Denmark, Estonia, Ireland, Spain, Italy, Latvia, Hungary, the Netherlands, Poland, Portugal, Slovakia, Finland, Sweden and the United Kingdom indicated an estimate bigger than zero.

| (3) | Pursuant to Article 14(1) of Regulation (EU) No 1307/2013 Member States could opt to make a certain percentage of their annual national ceilings for direct payments available as additional support for measures under rural development programming. |
| --- | --- |

(3)

Pursuant to Article 14(1) of Regulation (EU) No 1307/2013 Member States could opt to make a certain percentage of their annual national ceilings for direct payments available as additional support for measures under rural development programming.

| (4) | In accordance with the sixth subparagraph of Article 14(1) of Regulation (EU) No 1307/2013, Belgium, Denmark, Germany, Greece, France, the Netherlands and the United Kingdom notified the Commission of their decision to make available as additional support under the European Agricultural Fund for Rural Development (EAFRD) in 2021 a certain percentage of their annual national ceiling for direct payments for calendar year 2020. |
| --- | --- |

(4)

In accordance with the sixth subparagraph of Article 14(1) of Regulation (EU) No 1307/2013, Belgium, Denmark, Germany, Greece, France, the Netherlands and the United Kingdom notified the Commission of their decision to make available as additional support under the European Agricultural Fund for Rural Development (EAFRD) in 2021 a certain percentage of their annual national ceiling for direct payments for calendar year 2020.

| (5) | Pursuant to Article 14(2) of Regulation (EU) No 1307/2013 Member States could make available as direct payments for calendar year 2020 a certain amount of the support to be financed under the EAFRD in financial year 2021. |
| --- | --- |

(5)

Pursuant to Article 14(2) of Regulation (EU) No 1307/2013 Member States could make available as direct payments for calendar year 2020 a certain amount of the support to be financed under the EAFRD in financial year 2021.

| (6) | In accordance with the sixth subparagraph of Article 14(2) of Regulation (EU) No 1307/2013, Croatia, Hungary, Malta and Poland notified the Commission of their decision to make available as direct payments for calendar year 2020 a certain amount of their 2021 EAFRD allocation. |
| --- | --- |

(6)

In accordance with the sixth subparagraph of Article 14(2) of Regulation (EU) No 1307/2013, Croatia, Hungary, Malta and Poland notified the Commission of their decision to make available as direct payments for calendar year 2020 a certain amount of their 2021 EAFRD allocation.

| (7) | It is therefore necessary to adapt Annexes II and III to Regulation (EU) No 1307/2013 in order to incorporate the proposed amendments to the annual national ceilings and the annual net ceilings for direct payments. |
| --- | --- |

(7)

It is therefore necessary to adapt Annexes II and III to Regulation (EU) No 1307/2013 in order to incorporate the proposed amendments to the annual national ceilings and the annual net ceilings for direct payments.

| (8) | In accordance with the second subparagraph of Article 137(1) of 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, Regulation (EU) No 1307/2013 as applicable in the year 2020 does not apply in the United Kingdom for claim year 2020. Therefore, there is no need to set new ceilings for the year 2020 in respect of the United Kingdom. |
| --- | --- |

(8)

In accordance with the second subparagraph of Article 137(1) of 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, Regulation (EU) No 1307/2013 as applicable in the year 2020 does not apply in the United Kingdom for claim year 2020. Therefore, there is no need to set new ceilings for the year 2020 in respect of the United Kingdom.

| (9) | Annexes II and III to Regulation (EU) No 1307/2013 should therefore be amended accordingly. |
| --- | --- |

(9)

Annexes II and III to Regulation (EU) No 1307/2013 should therefore be amended accordingly.

| (10) | As the amendments made by this Regulation affect the application of Regulation (EU) No 1307/2013 for the year 2020, this Regulation should apply from 1 January 2020, |
| --- | --- |

(10)

As the amendments made by this Regulation affect the application of Regulation (EU) No 1307/2013 for the year 2020, this Regulation should apply from 1 January 2020,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes II and III to Regulation (EU) No 1307/2013 are amended in accordance with the Annex to this Regulation.

Article 2

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

It shall apply from 1 January 2020.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 April 2020.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  
  OJ L 347, 20.12.2013, p. 608.

1

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ANNEX

Annexes II and III to Regulation (EU) No 1307/2013 are amended as follows:

| (1) | in Annex II, the column for calendar year 2020 is replaced by the following:






  ‘Calendar year | 2020 |
| --- | --- | --- |
| Belgium | 481 857 |
| Bulgaria | 796 292 |
| Czechia | 872 809 |
| Denmark | 818 757 |
| Germany | 4 717 291 |
| Estonia | 169 366 |
| Ireland | 1 211 066 |
| Greece | 1 834 618 |
| Spain | 4 893 433 |
| France | 6 877 179 |
| Croatia | 332 080 |
| Italy | 3 704 337 |
| Cyprus | 48 643 |
| Latvia | 302 754 |
| Lithuania | 517 028 |
| Luxembourg | 33 432 |
| Hungary | 1 331 588 |
| Malta | 5 244 |
| Netherlands | 660 870 |
| Austria | 691 738 |
| Poland | 3 390 991 |
| Portugal | 599 355 |
| Romania | 1 903 195 |
| Slovenia | 134 278 |
| Slovakia | 394 385 |
| Finland | 524 631 |
| Sweden | 699 768 |
| United Kingdom | -’ |

(1)

in Annex II, the column for calendar year 2020 is replaced by the following:

‘Calendar year

2020

Belgium

481 857

Bulgaria

796 292

Czechia

872 809

Denmark

818 757

Germany

4 717 291

Estonia

169 366

Ireland

1 211 066

Greece

1 834 618

Spain

4 893 433

France

6 877 179

Croatia

332 080

Italy

3 704 337

Cyprus

48 643

Latvia

302 754

Lithuania

517 028

Luxembourg

33 432

Hungary

1 331 588

Malta

5 244

Netherlands

660 870

Austria

691 738

Poland

3 390 991

Portugal

599 355

Romania

1 903 195

Slovenia

134 278

Slovakia

394 385

Finland

524 631

Sweden

699 768

United Kingdom

-’

| (2) | in Annex III, the column for calendar year 2020 is replaced by the following:






  ‘Calendar year | 2020 |
| --- | --- | --- |
| Belgium | 481,9 |
| Bulgaria | 796,7 |
| Czechia | 871,8 |
| Denmark | 818,1 |
| Germany | 4 717,3 |
| Estonia | 169,4 |
| Ireland | 1 211,1 |
| Greece | 2 022,5 |
| Spain | 4 953,8 |
| France | 6 877,2 |
| Croatia | 332,1 |
| Italy | 3 698,3 |
| Cyprus | 48,6 |
| Latvia | 302,5 |
| Lithuania | 517,0 |
| Luxembourg | 33,4 |
| Hungary | 1 301,4 |
| Malta | 5,2 |
| Netherlands | 660,8 |
| Austria | 691,7 |
| Poland | 3 375,7 |
| Portugal | 599,5 |
| Romania | 1 903,2 |
| Slovenia | 134,3 |
| Slovakia | 392,6 |
| Finland | 524,6 |
| Sweden | 699,8 |
| United Kingdom | -’ |

(2)

in Annex III, the column for calendar year 2020 is replaced by the following:

‘Calendar year

2020

Belgium

481,9

Bulgaria

796,7

Czechia

871,8

Denmark

818,1

Germany

4 717,3

Estonia

169,4

Ireland

1 211,1

Greece

2 022,5

Spain

4 953,8

France

6 877,2

Croatia

332,1

Italy

3 698,3

Cyprus

48,6

Latvia

302,5

Lithuania

517,0

Luxembourg

33,4

Hungary

1 301,4

Malta

5,2

Netherlands

660,8

Austria

691,7

Poland

3 375,7

Portugal

599,5

Romania

1 903,2

Slovenia

134,3

Slovakia

392,6

Finland

524,6

Sweden

699,8

United Kingdom

-’

---

| 9.6.2020 | EN | Official Journal of the European Union | L 179/5 |
| --- | --- | --- | --- |

9.6.2020

EN

Official Journal of the European Union

L 179/5

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COMMISSION REGULATION (EU) 2020/757

of 8 June 2020

amending Regulation (EU) No 142/2011 as regards the traceability of certain animal by-products and derived products

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (1), and in particular Articles 21(6)(d) and 31(2) thereof,

Whereas:

| (1) | Commission Regulation (EU) No 142/2011 (2) lays down implementing rules for Regulation (EC) No 1069/2009, including requirements concerning traceability of animal by-products and derived products. |
| --- | --- |

(1)

Commission Regulation (EU) No 142/2011 (2) lays down implementing rules for Regulation (EC) No 1069/2009, including requirements concerning traceability of animal by-products and derived products.

| (2) | In accordance with Article 7(2) of Regulation (EC) No 1069/2009, derived products remain classified in the same category as the animal by-products from which they derive. However, under certain conditions, fish oils and fishmeal may contain certain residues at higher levels than the fish or fishery products fit for human consumption from which they were extracted, and thus require a detoxification process prior to the use in feed for animals. |
| --- | --- |

(2)

In accordance with Article 7(2) of Regulation (EC) No 1069/2009, derived products remain classified in the same category as the animal by-products from which they derive. However, under certain conditions, fish oils and fishmeal may contain certain residues at higher levels than the fish or fishery products fit for human consumption from which they were extracted, and thus require a detoxification process prior to the use in feed for animals.

| (3) | Commission Regulation (EU) 2015/786 (3) defines acceptability criteria for detoxification processes applied to products intended for animal feed. The requirements and the acceptability criteria for detoxification processes of fish oils and fishmeal of Category 3 materials provided for in Regulation (EU) 2015/786 should ensure that the detoxified fish oil and fishmeal of Category 3 materials in feed do not endanger animal and public health and the environment and that the characteristics of the feed are not adversely altered by the detoxification process. Therefore, the competent authority may authorise detoxification within the territory of its Member State while there are no harmonised rules for dispatch of these materials for detoxification in another Member State. |
| --- | --- |

(3)

Commission Regulation (EU) 2015/786 (3) defines acceptability criteria for detoxification processes applied to products intended for animal feed. The requirements and the acceptability criteria for detoxification processes of fish oils and fishmeal of Category 3 materials provided for in Regulation (EU) 2015/786 should ensure that the detoxified fish oil and fishmeal of Category 3 materials in feed do not endanger animal and public health and the environment and that the characteristics of the feed are not adversely altered by the detoxification process. Therefore, the competent authority may authorise detoxification within the territory of its Member State while there are no harmonised rules for dispatch of these materials for detoxification in another Member State.

| (4) | In order to authorise detoxification of certain fish oils and fishmeal intended for feeding of farmed animals, requirements should be set for the dispatch of fish oils and fishmeal with excessive levels of residues to another Member State for detoxification in plants approved in accordance with Regulation (EC) No 183/2005 of the European Parliament and of the Council (4). Therefore, Member States should, where necessary, following a risk assessment, authorise the transport of fish oils and fishmeal intended for the production of feed materials and containing excessive level(s) of dioxins and/or polychlorinated biphenyls (PCBs) within the meaning of Directive 2002/32/EC of the European Parliament and of the Council (5) from other Member States to plants registered or approved for the detoxification on their territory. |
| --- | --- |

(4)

In order to authorise detoxification of certain fish oils and fishmeal intended for feeding of farmed animals, requirements should be set for the dispatch of fish oils and fishmeal with excessive levels of residues to another Member State for detoxification in plants approved in accordance with Regulation (EC) No 183/2005 of the European Parliament and of the Council (4). Therefore, Member States should, where necessary, following a risk assessment, authorise the transport of fish oils and fishmeal intended for the production of feed materials and containing excessive level(s) of dioxins and/or polychlorinated biphenyls (PCBs) within the meaning of Directive 2002/32/EC of the European Parliament and of the Council (5) from other Member States to plants registered or approved for the detoxification on their territory.

| (5) | However, fish oils and fishmeal of Category 3 material already placed on the market and tested positive for excessive level(s) of dioxins and/or polychlorinated biphenyls (PCBs) during official controls, should not be subject to the detoxification provided for in this Regulation. |
| --- | --- |

(5)

However, fish oils and fishmeal of Category 3 material already placed on the market and tested positive for excessive level(s) of dioxins and/or polychlorinated biphenyls (PCBs) during official controls, should not be subject to the detoxification provided for in this Regulation.

| (6) | Article 21 and Annex VIII to Regulation (EU) No 142/2011 should be amended accordingly with requirements for the dispatch of derived products intended for detoxification in another Member State. |
| --- | --- |

(6)

Article 21 and Annex VIII to Regulation (EU) No 142/2011 should be amended accordingly with requirements for the dispatch of derived products intended for detoxification in another Member State.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(7)

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

Regulation (EU) No 142/2011 is amended as follows:

| (1) | in Article 21, the following paragraph is added:

  ‘3.   The transport of fish oils and fishmeal of Category 3 materials for the production of feed material, other than those imported from a third country, from an approved processing plant for the production of fishmeal and fish oil to a feed plant registered or approved in accordance with Regulation (EC) No 1069/2009 and approved in accordance with Article 10(3) of Regulation (EC) No 183/2005 in another Member State for detoxification in accordance with the processes referred to in Commission Regulation (EU) 2015/786 (*1) shall be carried out in accordance with the rules set out in Chapter VII of Annex VIII.


  (*1)  Commission Regulation (EU) 2015/786 of 19 May 2015 defining acceptability criteria for detoxification processes applied to products intended for animal feed as provided for in Directive 2002/32/EC of the European Parliament and of the Council (OJ L 125, 21.5.2015, p. 10).’;" |
| --- | --- |

(1)

in Article 21, the following paragraph is added:

‘3.   The transport of fish oils and fishmeal of Category 3 materials for the production of feed material, other than those imported from a third country, from an approved processing plant for the production of fishmeal and fish oil to a feed plant registered or approved in accordance with Regulation (EC) No 1069/2009 and approved in accordance with Article 10(3) of Regulation (EC) No 183/2005 in another Member State for detoxification in accordance with the processes referred to in Commission Regulation (EU) 2015/786 (*1) shall be carried out in accordance with the rules set out in Chapter VII of Annex VIII.

(*1)  Commission Regulation (EU) 2015/786 of 19 May 2015 defining acceptability criteria for detoxification processes applied to products intended for animal feed as provided for in Directive 2002/32/EC of the European Parliament and of the Council (OJ L 125, 21.5.2015, p. 10).’;"

*1

| (2) | Annex VIII is amended in accordance with the Annex to this Regulation. |
| --- | --- |

(2)

Annex VIII is amended in accordance with 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, 8 June 2020.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 300, 14.11.2009, p. 1.

1

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

2

(3)  Commission Regulation (EU) 2015/786 of 19 May 2015 defining acceptability criteria for detoxification processes applied to products intended for animal feed as provided for in Directive 2002/32/EC of the European Parliament and of the Council (OJ L 125, 21.5.2015, p. 10).

3

(4)  Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene (OJ L 35, 8.2.2005, p. 1).

4

(5)  Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed – Council statement (OJ L 140, 30.5.2002, p. 10).

5

---

ANNEX

The following is added to Annex VIII to Regulation (EU) No 142/2011:

‘Chapter VII

TRANSPORT TO A DETOXIFICATION PLANT OF FISH OILS AND FISHMEAL INTENDED FOR THE PRODUCTION OF FEED MATERIAL

| 1. | Operators intending to transport fish oils and fishmeal of Category 3 materials intended for the production of feed from an approved processing plant for the production of fish oils and fishmeal to a feed plant registered or approved in accordance with Regulation (EC) No 1069/2009 and approved in accordance with Article 10(3) of Regulation (EC) No 183/2005 in another Member State for detoxification in accordance with the processes referred to in Regulation (EU) 2015/786 shall apply to the competent authority at the place of destination for acceptance of the consignment.
  The application shall be in the standard format for applications and authorisations set out in Section 10 of Chapter III of Annex XVI to Regulation (EU) No 142/2011. |
| --- | --- |

1.

Operators intending to transport fish oils and fishmeal of Category 3 materials intended for the production of feed from an approved processing plant for the production of fish oils and fishmeal to a feed plant registered or approved in accordance with Regulation (EC) No 1069/2009 and approved in accordance with Article 10(3) of Regulation (EC) No 183/2005 in another Member State for detoxification in accordance with the processes referred to in Regulation (EU) 2015/786 shall apply to the competent authority at the place of destination for acceptance of the consignment.

The application shall be in the standard format for applications and authorisations set out in Section 10 of Chapter III of Annex XVI to Regulation (EU) No 142/2011.

| 2. | The competent authority of the Member State of destination referred to in point 1 shall inform the operator of its decision on the consignment by returning the application referred to in the second subparagraph of point 1 completed accordingly. |
| --- | --- |

2.

The competent authority of the Member State of destination referred to in point 1 shall inform the operator of its decision on the consignment by returning the application referred to in the second subparagraph of point 1 completed accordingly.

| 3. | The competent authority of the Member State of origin shall notify the competent authority of the Member State of destination, by means of the TRACES system in accordance with Decision 2004/292/EC, of the dispatch of each consignment. |
| --- | --- |

3.

The competent authority of the Member State of origin shall notify the competent authority of the Member State of destination, by means of the TRACES system in accordance with Decision 2004/292/EC, of the dispatch of each consignment.

| 4. | Point 1 to 3 of this Chapter shall not apply to fish oils and fishmeal of Category 3 materials placed on the market for the production of feed in which excessive level(s) of dioxins and/or polychlorinated biphenyls (PCBs) were detected during official controls.’ |
| --- | --- |

4.

Point 1 to 3 of this Chapter shall not apply to fish oils and fishmeal of Category 3 materials placed on the market for the production of feed in which excessive level(s) of dioxins and/or polychlorinated biphenyls (PCBs) were detected during official controls.’

---

DECISIONS

| 9.6.2020 | EN | Official Journal of the European Union | L 179/8 |
| --- | --- | --- | --- |

9.6.2020

EN

Official Journal of the European Union

L 179/8

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COMMISSION IMPLEMENTING DECISION (EU) 2020/758

of 4 June 2020

on measures to be taken by the United Kingdom concerning Xylella fastidiosa and Ceratocystis platani

(notified under document C(2020) 3604)

(Only the English text is authentic)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (1), and in particular Article 52(4) thereof, in conjunction with Article 131 of 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 (2),

Whereas:

| (1) | In accordance with Article 127(1) of 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, Union law shall be applicable to and in the United Kingdom during the transition period provided for in that Agreement. That transition period will end on 31 December 2020. |
| --- | --- |

(1)

In accordance with Article 127(1) of 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, Union law shall be applicable to and in the United Kingdom during the transition period provided for in that Agreement. That transition period will end on 31 December 2020.

| (2) | In accordance with Article 52(1) of Regulation (EU) 2016/2031, the United Kingdom (‘UK’) notified the Commission on 10 March 2020 of a Union measure it would have liked to be taken by the Union against, amongst others, Xylella fastidiosa and Ceratocystis platani (‘the specified pests’). In accordance with Article 52(2) of that Regulation, the UK has also notified the temporary national measures which it planned to introduce in the absence of such measures. |
| --- | --- |

(2)

In accordance with Article 52(1) of Regulation (EU) 2016/2031, the United Kingdom (‘UK’) notified the Commission on 10 March 2020 of a Union measure it would have liked to be taken by the Union against, amongst others, Xylella fastidiosa and Ceratocystis platani (‘the specified pests’). In accordance with Article 52(2) of that Regulation, the UK has also notified the temporary national measures which it planned to introduce in the absence of such measures.

| (3) | With regard to Xylella fastidiosa, the UK stated that the interception in 2018 of infected olive trees by Belgium and the recent case of Vinca in Italy in 2019, demonstrate that there is a risk of infected plants being moved in the UK territory without that they have any visible symptoms. The UK further claimed that the current Union measures on that pest do not address the risks highlighted in its pest risk assessment (3) in regard to Xylella fastidiosa and that there is no evidence that the current review of the Union measures would include the requirements previously proposed by the UK. It also stated that the current Union measures against Xylella fastidiosa laid down under Commission Implementing Decision (EU) 2015/789 (4) and the draft act, presented to Member States for exchange of views, aimed at repealing that Decision, do not address the need for enhanced requirements regarding those host species. As such, the UK claimed that there remained an unacceptable level of pest risk and that it therefore planned to introduce national measures under Article 52 of Regulation (EU) 2016/2031, in the absence of the respective requirements it would have liked to be taken by the Union. |
| --- | --- |

(3)

With regard to Xylella fastidiosa, the UK stated that the interception in 2018 of infected olive trees by Belgium and the recent case of Vinca in Italy in 2019, demonstrate that there is a risk of infected plants being moved in the UK territory without that they have any visible symptoms. The UK further claimed that the current Union measures on that pest do not address the risks highlighted in its pest risk assessment (3) in regard to Xylella fastidiosa and that there is no evidence that the current review of the Union measures would include the requirements previously proposed by the UK. It also stated that the current Union measures against Xylella fastidiosa laid down under Commission Implementing Decision (EU) 2015/789 (4) and the draft act, presented to Member States for exchange of views, aimed at repealing that Decision, do not address the need for enhanced requirements regarding those host species. As such, the UK claimed that there remained an unacceptable level of pest risk and that it therefore planned to introduce national measures under Article 52 of Regulation (EU) 2016/2031, in the absence of the respective requirements it would have liked to be taken by the Union.

| (4) | The UK further indicated that its proposed measure, among others, prohibited the introduction from third countries, including the Union, into the UK of plants, other than fruit or seeds, of Coffea and Polygala myrtifolia L. It further set out the requirement that the introduction or movement into the UK of plants, other than fruit and seeds, of Olea europaea L., Lavandula, Nerium oleander L., Prunus dulcis L. and Rosmarinus officinalis L., which have been grown in areas of the Union where the pest is not known to occur, is allowed only if they have been grown for a period of at least one year prior to their export in a registered and supervised place of production, and whose place of production is surrounded by a 200 m zone known to be free from the pest, annual inspections being based on intensive sampling and testing and further inspection being made immediately prior to their movement. In case of introduction or movement of unrooted cuttings of Lavandula, Nerium oleander L. and Rosmarinus officinalis L. into the UK, those cuttings would need to derive from mother plants, which meet the conditions above. In case of areas where the pest is known to occur, the import of Olea europaea L. and Prunus dulcis L. from the Union into the UK is only allowed if they are grown in a physically protected site for a period of four years prior to their export or, in case of younger plants, throughout their life. |
| --- | --- |

(4)

The UK further indicated that its proposed measure, among others, prohibited the introduction from third countries, including the Union, into the UK of plants, other than fruit or seeds, of Coffea and Polygala myrtifolia L. It further set out the requirement that the introduction or movement into the UK of plants, other than fruit and seeds, of Olea europaea L., Lavandula, Nerium oleander L., Prunus dulcis L. and Rosmarinus officinalis L., which have been grown in areas of the Union where the pest is not known to occur, is allowed only if they have been grown for a period of at least one year prior to their export in a registered and supervised place of production, and whose place of production is surrounded by a 200 m zone known to be free from the pest, annual inspections being based on intensive sampling and testing and further inspection being made immediately prior to their movement. In case of introduction or movement of unrooted cuttings of Lavandula, Nerium oleander L. and Rosmarinus officinalis L. into the UK, those cuttings would need to derive from mother plants, which meet the conditions above. In case of areas where the pest is known to occur, the import of Olea europaea L. and Prunus dulcis L. from the Union into the UK is only allowed if they are grown in a physically protected site for a period of four years prior to their export or, in case of younger plants, throughout their life.

| (5) | With regard to Ceratocystis platani, the UK indicated that following the reclassification of that pest as a Union quarantine pest pursuant to Commission Implementing Regulation (EU) 2019/2072 (5), protected zone designations have been revoked, and it is now possible to move Platanus trees from production sites within infected areas subject to specific requirements. According to the UK, the new requirements of point 17 of Annex XIII to Implementing Regulation (EU) 2019/2072, which provide for the additional option that the plants may be produced in a place of production which is free from that pest, do not give the same level of phytosanitary protection as gives the requirement that the plants are produced in an area free from the pest, bearing in mind as well that new findings of the pest have been confirmed in France. |
| --- | --- |

(5)

With regard to Ceratocystis platani, the UK indicated that following the reclassification of that pest as a Union quarantine pest pursuant to Commission Implementing Regulation (EU) 2019/2072 (5), protected zone designations have been revoked, and it is now possible to move Platanus trees from production sites within infected areas subject to specific requirements. According to the UK, the new requirements of point 17 of Annex XIII to Implementing Regulation (EU) 2019/2072, which provide for the additional option that the plants may be produced in a place of production which is free from that pest, do not give the same level of phytosanitary protection as gives the requirement that the plants are produced in an area free from the pest, bearing in mind as well that new findings of the pest have been confirmed in France.

| (6) | The UK, on the basis of those considerations, proposed in its measures that plants of Platanus L., intended for planting, other than seeds, would need to have been grown throughout their life in a pest free area or in a Union protected zone. |
| --- | --- |

(6)

The UK, on the basis of those considerations, proposed in its measures that plants of Platanus L., intended for planting, other than seeds, would need to have been grown throughout their life in a pest free area or in a Union protected zone.

| (7) | The proposed UK measures also specified that those plants subject to its measures on Xylella fastidiosa and Ceratocystis platani, would only be able to move into the UK together with an official statement confirming compliance with the above requirements. |
| --- | --- |

(7)

The proposed UK measures also specified that those plants subject to its measures on Xylella fastidiosa and Ceratocystis platani, would only be able to move into the UK together with an official statement confirming compliance with the above requirements.

| (8) | The notification of the UK also included proposals for measures against the pests Agrilus planipennis and Candidatus Phytoplasma ulmi, which are more stringent than the existing Union rules. The Commission will consider those measures and discuss them at the Standing Committee on Plants, Animal, Food and Feed while reviewing those measures. |
| --- | --- |

(8)

The notification of the UK also included proposals for measures against the pests Agrilus planipennis and Candidatus Phytoplasma ulmi, which are more stringent than the existing Union rules. The Commission will consider those measures and discuss them at the Standing Committee on Plants, Animal, Food and Feed while reviewing those measures.

| (9) | On 1 April 2020, the UK informed the Commission that the national measures for the specified pests would come into force on 21 April 2020, apply initially in England and be extended shortly to other parts of the UK. |
| --- | --- |

(9)

On 1 April 2020, the UK informed the Commission that the national measures for the specified pests would come into force on 21 April 2020, apply initially in England and be extended shortly to other parts of the UK.

| (10) | On the basis of the elements notified by the UK, the Commission, in accordance with Article 52(3) assessed that the risk indicated therein was adequately mitigated by Article 9 of Implementing Decision (EU) 2015/789 with regard to Xylella fastidiosa and by point 17 of Annex VIII to Implementing Regulation (EU) 2019/2072 with regard to Ceratocystis platani. In particular, the Commission considered that there was no new scientific or technical evidence available that would justify the amendment of those measures. The Commission also informed the Member States about the UK notification and invited them to submit their views by 24 April 2020. |
| --- | --- |

(10)

On the basis of the elements notified by the UK, the Commission, in accordance with Article 52(3) assessed that the risk indicated therein was adequately mitigated by Article 9 of Implementing Decision (EU) 2015/789 with regard to Xylella fastidiosa and by point 17 of Annex VIII to Implementing Regulation (EU) 2019/2072 with regard to Ceratocystis platani. In particular, the Commission considered that there was no new scientific or technical evidence available that would justify the amendment of those measures. The Commission also informed the Member States about the UK notification and invited them to submit their views by 24 April 2020.

| (11) | On 3 April 2020, the Commission asked the UK to immediately postpone the adoption of such measures. The Commission also informed the UK that the requirement for an additional statement accompanying the relevant commodities is not in accordance with the provisions of Regulation (EU) 2016/2031 for the movement of regulated plants within the Union, The Commission also reserved the possibility to adopt an act pursuant to Article 52(4) of that Regulation. |
| --- | --- |

(11)

On 3 April 2020, the Commission asked the UK to immediately postpone the adoption of such measures. The Commission also informed the UK that the requirement for an additional statement accompanying the relevant commodities is not in accordance with the provisions of Regulation (EU) 2016/2031 for the movement of regulated plants within the Union, The Commission also reserved the possibility to adopt an act pursuant to Article 52(4) of that Regulation.

| (12) | On 20 April 2020, the UK answered by stating further its reasons why it considered that the draft national measures were to be adopted. |
| --- | --- |

(12)

On 20 April 2020, the UK answered by stating further its reasons why it considered that the draft national measures were to be adopted.

| (13) | With regard to Xylella fastidiosa, it indicated findings on Union plant material that has been traded or has been destined for trade (e.g. interception of that pest in Belgium) and conclusions of the European Food Safety Authority (‘the Authority’) about periods during which the symptoms of the pest are not expressed (‘asymptomatic periods’), which have not been reflected in Union legislation. According to the UK, both factors indicate that there is an ongoing risk from infected material (including asymptomatic material) being exported from the Union. |
| --- | --- |

(13)

With regard to Xylella fastidiosa, it indicated findings on Union plant material that has been traded or has been destined for trade (e.g. interception of that pest in Belgium) and conclusions of the European Food Safety Authority (‘the Authority’) about periods during which the symptoms of the pest are not expressed (‘asymptomatic periods’), which have not been reflected in Union legislation. According to the UK, both factors indicate that there is an ongoing risk from infected material (including asymptomatic material) being exported from the Union.

| (14) | With regard to Ceratocystis platani, the UK further indicated that its measures are in response to the situation, which has arisen since the additional information was presented by it to the Standing Committee on Plants, Animals, Food and Feed in November 2019. This additional information concerned new findings for the presence of the pest in France, with infestations much further north than the ones from previous findings and in which cases there is no confirmed evidence about the source of the infection. According to the UK, the spread of the pest north, together with the uncertainty about its pathway, highlights an increased risk from this pest and is the reason why these measures had to be introduced. |
| --- | --- |

(14)

With regard to Ceratocystis platani, the UK further indicated that its measures are in response to the situation, which has arisen since the additional information was presented by it to the Standing Committee on Plants, Animals, Food and Feed in November 2019. This additional information concerned new findings for the presence of the pest in France, with infestations much further north than the ones from previous findings and in which cases there is no confirmed evidence about the source of the infection. According to the UK, the spread of the pest north, together with the uncertainty about its pathway, highlights an increased risk from this pest and is the reason why these measures had to be introduced.

| (15) | On 21 April 2020, the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (Statutory Instrument 2019/1517) were amended by those national measures, in particular Regulations 2(6)(b)(iii), 2(7) and 2(8) of the Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) Regulations 2020 (6) (‘the UK Regulations’). Those measures entered into force, before any discussion having taken place at the Standing Committee on Plants, Animals, Food and Feed. |
| --- | --- |

(15)

On 21 April 2020, the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (Statutory Instrument 2019/1517) were amended by those national measures, in particular Regulations 2(6)(b)(iii), 2(7) and 2(8) of the Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) Regulations 2020 (6) (‘the UK Regulations’). Those measures entered into force, before any discussion having taken place at the Standing Committee on Plants, Animals, Food and Feed.

| (16) | As regards Xylella fastidiosa, the UK Regulations set out the measures that the UK had notified to the Commission on 10 March 2020. |
| --- | --- |

(16)

As regards Xylella fastidiosa, the UK Regulations set out the measures that the UK had notified to the Commission on 10 March 2020.

| (17) | Implementing Decision (EU) 2015/789 lays down measures against the establishment and spread of Xylella fastidiosa in the Union. On the basis of the scientific and technical developments, the requirements for the movement within the Union territory of the host plants of that pest have been amended by several acts, the last one being Commission Implementing Decision (EU) 2018/1511 (7). Those measures have been based on a series of recent scientific opinions of the Authority (8). Requirements have been set out for the movement within the Union of susceptible plants both from demarcated areas, as well as from other parts of the Union. Those measures have been further discussed in the Standing Committee on Plants, Animals, Food and Feed, with a view to adopt a new Commission Implementing Regulation that would repeal and replace Implementing Decision (EU) 2015/789. |
| --- | --- |

(17)

Implementing Decision (EU) 2015/789 lays down measures against the establishment and spread of Xylella fastidiosa in the Union. On the basis of the scientific and technical developments, the requirements for the movement within the Union territory of the host plants of that pest have been amended by several acts, the last one being Commission Implementing Decision (EU) 2018/1511 (7). Those measures have been based on a series of recent scientific opinions of the Authority (8). Requirements have been set out for the movement within the Union of susceptible plants both from demarcated areas, as well as from other parts of the Union. Those measures have been further discussed in the Standing Committee on Plants, Animals, Food and Feed, with a view to adopt a new Commission Implementing Regulation that would repeal and replace Implementing Decision (EU) 2015/789.

| (18) | In this respect, the measures of the UK Regulations are not proportionate to the identified risk. Despite the fact that some provisions apply to plants that originate from areas other than demarcated areas, where Xylella fastidiosa is not known to be present, the UK Regulations require that they have been grown for a period of at least one year prior to the export in a registered and supervised place of production, and that their place of production is surrounded by a 200 m zone known to be free from the pest, and they have been subjected to annual inspections, based on intensive sampling and testing, and further inspection immediately prior to their movement. This measure introduces additional restrictions to Article 9 of Implementing Decision (EU) 2015/789, whose provisions already set out enhanced conditions for movement of those plants if they originate from areas other than demarcated areas. This measure is disproportionate to the identified risk, because it severely and ex-post disrupts the trade of the plants concerned in a stricter manner than justified by the most recent Scientific Opinion of the Authority (9) published in May 2019. What is more, since the last amendment of Implementing Decision (EU) 2015/789 in 2018, only an insignificant number of interceptions – and certainly none in 2020, in relation to the volume of the respective trade – have been detected on movement of host plants of Xylella fastidiosa within the Union. Furthermore, as regards the asymptomatic period of infected plants referred to by UK, the Authority has stated in its most recent Opinion of May 2019, that inspections based on visible symptoms can be problematic for early detection of the pest for some hosts also due to multiple factors contributing to the appearance of those symptoms (e.g. type of plant species, level of bacterial inoculum, the subspecies of Xylella fastidiosa involved, as well as climatic conditions). This is why, for the plants concerned by the UK Regulations, Implementing Decision (EU) 2015/789 sets out that intensive inspections shall take place based on sampling and testing, irrespective of the presence of symptoms. The discussions at the Standing Committee for Plants, Animals, Food and Feed on the draft act that is to repeal and replace that Decision, have confirmed that approach, based on the available scientific and technical assessment. |
| --- | --- |

(18)

In this respect, the measures of the UK Regulations are not proportionate to the identified risk. Despite the fact that some provisions apply to plants that originate from areas other than demarcated areas, where Xylella fastidiosa is not known to be present, the UK Regulations require that they have been grown for a period of at least one year prior to the export in a registered and supervised place of production, and that their place of production is surrounded by a 200 m zone known to be free from the pest, and they have been subjected to annual inspections, based on intensive sampling and testing, and further inspection immediately prior to their movement. This measure introduces additional restrictions to Article 9 of Implementing Decision (EU) 2015/789, whose provisions already set out enhanced conditions for movement of those plants if they originate from areas other than demarcated areas. This measure is disproportionate to the identified risk, because it severely and ex-post disrupts the trade of the plants concerned in a stricter manner than justified by the most recent Scientific Opinion of the Authority (9) published in May 2019. What is more, since the last amendment of Implementing Decision (EU) 2015/789 in 2018, only an insignificant number of interceptions – and certainly none in 2020, in relation to the volume of the respective trade – have been detected on movement of host plants of Xylella fastidiosa within the Union. Furthermore, as regards the asymptomatic period of infected plants referred to by UK, the Authority has stated in its most recent Opinion of May 2019, that inspections based on visible symptoms can be problematic for early detection of the pest for some hosts also due to multiple factors contributing to the appearance of those symptoms (e.g. type of plant species, level of bacterial inoculum, the subspecies of Xylella fastidiosa involved, as well as climatic conditions). This is why, for the plants concerned by the UK Regulations, Implementing Decision (EU) 2015/789 sets out that intensive inspections shall take place based on sampling and testing, irrespective of the presence of symptoms. The discussions at the Standing Committee for Plants, Animals, Food and Feed on the draft act that is to repeal and replace that Decision, have confirmed that approach, based on the available scientific and technical assessment.

| (19) | Therefore, the temporary measures adopted by the UK are not adequately justified. Moreover, the results of intensive monitoring campaigns carried out by Member States, in accordance with that Decision, confirm the presence of Xylella fastidiosa in parts of Italy, France, Spain and Portugal, where the outbreaks have been properly demarcated and are subject to strict control measures. |
| --- | --- |

(19)

Therefore, the temporary measures adopted by the UK are not adequately justified. Moreover, the results of intensive monitoring campaigns carried out by Member States, in accordance with that Decision, confirm the presence of Xylella fastidiosa in parts of Italy, France, Spain and Portugal, where the outbreaks have been properly demarcated and are subject to strict control measures.

| (20) | The same applies to the measure of the UK Regulations concerning the import of Olea europaea L. and Prunus dulcis L. into the UK from areas where Xylella fastidiosa is known to occur, which according to those Regulations is only allowed if they are grown in a physically protected site for a period of four years prior to their export or, in case of younger plants, throughout their life. Current Union measures already introduce strict conditions for those plants when grown in demarcated areas. The period of four years, foreseen by the UK Regulations, aim to ensure that adequate time has lapsed in order for the symptoms of the pest to be expressed in case it is present on the plant. Such aim is addressed by Article 9 of Implementing Decision (EU) 2015/789 that requires production of those plants under insect proof sites and intensive sampling and testing during their growing cycle irrespective of the presence of symptoms, including official inspections as practically close as possible to their time of movement. |
| --- | --- |

(20)

The same applies to the measure of the UK Regulations concerning the import of Olea europaea L. and Prunus dulcis L. into the UK from areas where Xylella fastidiosa is known to occur, which according to those Regulations is only allowed if they are grown in a physically protected site for a period of four years prior to their export or, in case of younger plants, throughout their life. Current Union measures already introduce strict conditions for those plants when grown in demarcated areas. The period of four years, foreseen by the UK Regulations, aim to ensure that adequate time has lapsed in order for the symptoms of the pest to be expressed in case it is present on the plant. Such aim is addressed by Article 9 of Implementing Decision (EU) 2015/789 that requires production of those plants under insect proof sites and intensive sampling and testing during their growing cycle irrespective of the presence of symptoms, including official inspections as practically close as possible to their time of movement.

| (21) | Temporary measures taken by a Member State in accordance with Article 52(2) of Regulation (EU) 2016/2031 to mitigate the risk referred to in Article 52(1), must present because of their specifically targeted nature only an exceptional measure. Moreover, and on the basis of the discussions that have taken place in the Standing Committee on Plants, Animals, Food and Feed in 2019 and 2020, none of the measures adopted by the UK Regulations has been assessed as proportionate or justified, in order to be included in the act that will repeal and replace Implementing Regulation (EU) 2015/789. The temporary measures under Article 52(2) of Regulation (EU) 2016/2031 must present an exceptional measure and cannot be a tool for circumventing the majority voting. |
| --- | --- |

(21)

Temporary measures taken by a Member State in accordance with Article 52(2) of Regulation (EU) 2016/2031 to mitigate the risk referred to in Article 52(1), must present because of their specifically targeted nature only an exceptional measure. Moreover, and on the basis of the discussions that have taken place in the Standing Committee on Plants, Animals, Food and Feed in 2019 and 2020, none of the measures adopted by the UK Regulations has been assessed as proportionate or justified, in order to be included in the act that will repeal and replace Implementing Regulation (EU) 2015/789. The temporary measures under Article 52(2) of Regulation (EU) 2016/2031 must present an exceptional measure and cannot be a tool for circumventing the majority voting.

| (22) | As regards Ceratocystis platani, the UK Regulations set out the measures that the UK notified to the Commission on 10 March 2020. Those measures are more stringent than the corresponding requirement set out in point 17 of Annex VIII to Implementing Regulation (EU) 2019/2072, which allows the additional option that the respective plants for planting may originate from a pest free place of production, subject to certain conditions, and not only from a pest free area. The measures provided for in Implementing Regulation (EU) 2019/2072 for internal movement of plants for planting of Platanus L., are based on the most recent scientific opinion of the Authority on the risk assessment and reduction options for Ceratocystis platani in the EU (10). No new scientific or technical evidence has been made available since the adoption of that Regulation and the UK has not provided any new information either. Additional conditions were laid down for the free places of production in Annex VIII to Implementing Regulation (EU) 2019/2072, when compared to the measures laid down in Council Directive 2000/29/EC (11), to give more certainty as to the pest freedom of the traded plants for planting of Platanus L. The measure of the UK Regulations is thus not adequately justified by any new scientific or technical evidence that has been published since the adoption of Implementing Regulation (EU) 2019/2072. |
| --- | --- |

(22)

As regards Ceratocystis platani, the UK Regulations set out the measures that the UK notified to the Commission on 10 March 2020. Those measures are more stringent than the corresponding requirement set out in point 17 of Annex VIII to Implementing Regulation (EU) 2019/2072, which allows the additional option that the respective plants for planting may originate from a pest free place of production, subject to certain conditions, and not only from a pest free area. The measures provided for in Implementing Regulation (EU) 2019/2072 for internal movement of plants for planting of Platanus L., are based on the most recent scientific opinion of the Authority on the risk assessment and reduction options for Ceratocystis platani in the EU (10). No new scientific or technical evidence has been made available since the adoption of that Regulation and the UK has not provided any new information either. Additional conditions were laid down for the free places of production in Annex VIII to Implementing Regulation (EU) 2019/2072, when compared to the measures laid down in Council Directive 2000/29/EC (11), to give more certainty as to the pest freedom of the traded plants for planting of Platanus L. The measure of the UK Regulations is thus not adequately justified by any new scientific or technical evidence that has been published since the adoption of Implementing Regulation (EU) 2019/2072.

| (23) | Moreover, the UK Regulations provide that all of those plants and plant products are only to move from the Union into its territory, if they are accompanied by official statements attesting compliance with the provisions of those Regulations. |
| --- | --- |

(23)

Moreover, the UK Regulations provide that all of those plants and plant products are only to move from the Union into its territory, if they are accompanied by official statements attesting compliance with the provisions of those Regulations.

| (24) | Following the entry into force of the UK Regulations, the Commission informed the UK on 28 April 2020 that those new national measures go beyond the existing requirements, are not supported by most recent scientific justification and are disproportionate. Therefore, the Commission requested the UK to repeal or amend those measures, in line with Art. 52(4) of Regulation (EU) 2016/2031. Such repeal or amendment has still not happened and the UK has not indicated that it would act accordingly. |
| --- | --- |

(24)

Following the entry into force of the UK Regulations, the Commission informed the UK on 28 April 2020 that those new national measures go beyond the existing requirements, are not supported by most recent scientific justification and are disproportionate. Therefore, the Commission requested the UK to repeal or amend those measures, in line with Art. 52(4) of Regulation (EU) 2016/2031. Such repeal or amendment has still not happened and the UK has not indicated that it would act accordingly.

| (25) | In this view, it is appropriate to decide that the measures of the UK Regulations, which concern the specified pests and introduce more stringent requirements than the ones of the Union rules with regard to the movement within the Union of the plants and plant products concerned, are to be amended accordingly in order for those Regulations to comply with the Union legislation. |
| --- | --- |

(25)

In this view, it is appropriate to decide that the measures of the UK Regulations, which concern the specified pests and introduce more stringent requirements than the ones of the Union rules with regard to the movement within the Union of the plants and plant products concerned, are to be amended accordingly in order for those Regulations to comply with the Union legislation.

| (26) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(26)

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

HAS ADOPTED THIS DECISION:

Article 1

Obligation to amend the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

1.   For the purposes of this Article,

| (a) | ‘the UK Official Controls Regulations of 2019’ means: the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (Statutory Instrument 2019/1517); |
| --- | --- |

(a)

‘the UK Official Controls Regulations of 2019’ means: the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (Statutory Instrument 2019/1517);

| (b) | ‘the UK Official Controls Regulations of 2020’ means: the Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) Regulations 2020 (in particular Regulation 2(6)(b)(iii), Regulation 2(7) and Regulation 2(8)), which entered into force on 21 April 2020. |
| --- | --- |

(b)

‘the UK Official Controls Regulations of 2020’ means: the Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) Regulations 2020 (in particular Regulation 2(6)(b)(iii), Regulation 2(7) and Regulation 2(8)), which entered into force on 21 April 2020.

2.   The United Kingdom shall amend the UK Official Controls Regulations of 2019, by removing the amendments concerning Xylella fastidiosa and Ceratocystis platani which were made to those Regulations by the UK Official Controls Regulations of 2020.

Article 2

Time limit to comply with the obligation

The United Kingdom shall bring into force the provisions necessary to comply with this Decision by 20 June 2020 at the latest.

Article 3

Addressee

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 4 June 2020.

For the Commission

Stella KYRIAKIDES

Member of the Commission

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

1

(2)  
  OJ L 29, 31.1.2020, p. 7.

2

(3)  Department for Environment, Food and Rural Affairs, Rapid Pest Risk Analysis (PRA) for Xylella fastidiosa, February 2020; https://planthealthportal.defra.gov.uk/assets/pras/Xylella-Draft-PRA.pdf

3

Xylella fastidiosa

(4)  Commission Implementing Decision (EU) 2015/789 of 18 May 2015 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) (OJ L 125, 21.5.2015, p. 36).

4

Xylella fastidiosa

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

5

(6)  The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) Regulations 2020, UK Statutory Instruments, 2020, No. 381, Regulation 2.

6

(7)  Commission Implementing Decision (EU) 2018/1511 of 9 October 2018 amending Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) (OJ L 255, 11.10.2018, p. 16).

7

Xylella fastidiosa

(8)  
  EFSA Journal 2015;13(1):3989, 262 pp., doi:10.2903/j.efsa.2015.3989;

8

EFSA Journal

EFSA Journal 2016; 14(10):4601, 19 pp., doi:10.2903/j.efsa.2016.4601.

EFSA Journa

(9)  
  EFSA Journal 2019;17(5):5665, 200 pp., https://doi.org/10.2903/j.efsa.2019.5665

9

EFSA Journal

(10)  
  EFSA Journal 2016;14(12):4640, 65 pp., doi:10.2903/j.efsa.2016.4640.

10

EFSA Journal

(11)  Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1).

11

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| 9.6.2020 | EN | Official Journal of the European Union | L 179/13 |
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9.6.2020

EN

Official Journal of the European Union

L 179/13

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COMMISSION IMPLEMENTING DECISION (EU) 2020/759

of 8 June 2020

amending Implementing Decision (EU) 2016/588 in order to include the use of 12 Volt efficient alternators in passenger cars capable of running on certain alternative fuels

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (1), and in particular Article 11(4) thereof,

Whereas:

| (1) | The manufacturers ŠKODA AUTO, a.s, FORD-Werke GmbH, Groupe RENAULT, FCA Italy S.p.A., SEAT S.A., Volkswagen AG, Automobiles Citroen, Automobiles Peugeot, PSA Automobiles SA, OPEL Automobile GmbH jointly submitted a request, as provided for in Article 12a of Commission Implementing Regulation (EU) No 725/2011 (2), on 17 October 2019 to amend Commission Implementing Decision (EU) 2016/588 (3) in order to extend the approval of the innovative technology to its use in passenger cars capable of running on certain alternative fuels. |
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(1)

The manufacturers ŠKODA AUTO, a.s, FORD-Werke GmbH, Groupe RENAULT, FCA Italy S.p.A., SEAT S.A., Volkswagen AG, Automobiles Citroen, Automobiles Peugeot, PSA Automobiles SA, OPEL Automobile GmbH jointly submitted a request, as provided for in Article 12a of Commission Implementing Regulation (EU) No 725/2011 (2), on 17 October 2019 to amend Commission Implementing Decision (EU) 2016/588 (3) in order to extend the approval of the innovative technology to its use in passenger cars capable of running on certain alternative fuels.

| (2) | In particular, the applicants have requested that, due to the increasing share of passenger cars capable of running on liquefied petroleum gas (LPG) or compressed natural gas (CNG), the scope of Implementing Decision (EU) 2016/588 should also cover the use of the 12 Volt efficient alternators in such cars, and that some factors in the testing methodology should be adjusted accordingly. |
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(2)

In particular, the applicants have requested that, due to the increasing share of passenger cars capable of running on liquefied petroleum gas (LPG) or compressed natural gas (CNG), the scope of Implementing Decision (EU) 2016/588 should also cover the use of the 12 Volt efficient alternators in such cars, and that some factors in the testing methodology should be adjusted accordingly.

| (3) | The Commission assessed the request in accordance with Article 11 of Regulation (EU) 2019/631, Implementing Regulation (EU) No 725/2011 as well as the Technical Guidelines for the preparation of applications for the approval of innovative technologies pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (4) (July 2018 version) (5). It found the request justified with regard to LPG and CNG fuelled vehicles and the minimum efficiency required of the 12 Volt efficient alternator for use in such vehicles should therefore be adjusted to take into account the use of this innovative technology in vehicles capable of running on those fuels. |
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(3)

The Commission assessed the request in accordance with Article 11 of Regulation (EU) 2019/631, Implementing Regulation (EU) No 725/2011 as well as the Technical Guidelines for the preparation of applications for the approval of innovative technologies pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (4) (July 2018 version) (5). It found the request justified with regard to LPG and CNG fuelled vehicles and the minimum efficiency required of the 12 Volt efficient alternator for use in such vehicles should therefore be adjusted to take into account the use of this innovative technology in vehicles capable of running on those fuels.

| (4) | It is also considered appropriate and consistent with other approval decisions to address also the situation for vehicles capable of running on E85. It should notably be clarified with regard to such vehicles that due to the limited availability of E85 on the Union market as a whole, it is not appropriate to distinguish this fuel from petrol for the purpose of determining the CO2 savings obtained from the use of a 12 Volt efficient alternator. |
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(4)

It is also considered appropriate and consistent with other approval decisions to address also the situation for vehicles capable of running on E85. It should notably be clarified with regard to such vehicles that due to the limited availability of E85 on the Union market as a whole, it is not appropriate to distinguish this fuel from petrol for the purpose of determining the CO2 savings obtained from the use of a 12 Volt efficient alternator.

| (5) | Implementing Decision (EU) 2016/588 should therefore be amended accordingly, |
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(5)

Implementing Decision (EU) 2016/588 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Amendment

Implementing Decision (EU) 2016/588 is amended as follows:

| (1) | In Article 2(1), point (c) is replaced by the following:






  ‘(c) | its efficiency is at least:






  (i) | 73,8 % for petrol- or E85-fuelled vehicles other than turbo-charged; |
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(1)

In Article 2(1), point (c) is replaced by the following:

‘(c)

its efficiency is at least:

(i)

73,8 % for petrol- or E85-fuelled vehicles other than turbo-charged;

| (ii) | 73,4 % for turbo-charged petrol- or E85-fuelled vehicles; |
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(ii)

73,4 % for turbo-charged petrol- or E85-fuelled vehicles;

| (iii) | 74,2 % for diesel-fuelled vehicles; |
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(iii)

74,2 % for diesel-fuelled vehicles;

| (iv) | 74,6 % for vehicles fuelled with liquefied petroleum gas (LPG) other than turbo-charged; |
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(iv)

74,6 % for vehicles fuelled with liquefied petroleum gas (LPG) other than turbo-charged;

| (v) | 74,1 % for turbo-charged LPG-fuelled vehicles; |
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(v)

74,1 % for turbo-charged LPG-fuelled vehicles;

| (vi) | 76,3 % for vehicles fuelled with compressed natural gas (CNG) other than turbo-charged; |
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(vi)

76,3 % for vehicles fuelled with compressed natural gas (CNG) other than turbo-charged;

| (vii) | 75,7 % for turbo-charged CNG -fuelled vehicles.’ |
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(vii)

75,7 % for turbo-charged CNG -fuelled vehicles.’

| (2) | In Article 3, the following paragraphs are added:

  ‘3.   Where the innovative technology is fitted in a bi-fuel or flex-fuel vehicle, the approval authority shall record the CO2 savings as follows:






  (a) | for bi-fuel vehicles using petrol and gaseous fuels, the CO2 savings value with regard to LPG or CNG; |
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(2)

In Article 3, the following paragraphs are added:

‘3.   Where the innovative technology is fitted in a bi-fuel or flex-fuel vehicle, the approval authority shall record the CO2 savings as follows:

(a)

for bi-fuel vehicles using petrol and gaseous fuels, the CO2 savings value with regard to LPG or CNG;

| (b) | for flex-fuel vehicles using petrol and E85, the CO2 savings value with regard to petrol. |
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(b)

for flex-fuel vehicles using petrol and E85, the CO2 savings value with regard to petrol.

4.   The certified CO2 savings recorded by reference to eco-innovation code No 17 may only be taken into account for the calculation of the average specific emissions of manufacturers until and including the calendar year 2020.’

| (3) | In the Annex, Tables 2 and 3 are replaced by the following:
  ‘Table 2


  Consumption of effective power







  Type of Engine | Consumption of effective power (Vpe) [l/kWh] |
| --- | --- | --- |
| Petrol/E85 | 0,264 |
| Petrol/E85 Turbo | 0,280 |
| Diesel | 0,220 |
| LPG | 0,342 |
| LPG Turbo | 0,363 |
| | Consumption of effective power (Vpe) [m3/kWh] |
| CNG (G20) | 0,259 |
| CNG (G20) Turbo | 0,275 |

(3)

In the Annex, Tables 2 and 3 are replaced by the following:

‘Table 2

Table 2

Consumption of effective power

Consumption of effective power

Type of Engine

Consumption of effective power (Vpe) [l/kWh]

pe

Petrol/E85

0,264

Petrol/E85 Turbo

0,280

Diesel

0,220

LPG

0,342

LPG Turbo

0,363

Consumption of effective power (Vpe) [m3/kWh]

pe

3

CNG (G20)

0,259

CNG (G20) Turbo

0,275

Table 3

Table 3

Fuel conversion factor (CF)

Fuel conversion factor (CF)

| Type of fuel | Conversion factor |
| --- | --- |
| | [100 g CO2/l] | [g CO2/l] |
| Petrol/E85 | 23,3 | 2 330 |
| Diesel | 26,4 | 2 640 |
| LPG | 16,3 | 1 629 |
| | [100 g CO2/m3] | [g CO2/m3] |
| CNG (G20) | 18,0 | 1 795 ’ |

Type of fuel

Conversion factor

[100 g CO2/l]

2

[g CO2/l]

2

Petrol/E85

23,3

2 330

Diesel

26,4

2 640

LPG

16,3

1 629

[100 g CO2/m3]

2

3

[g CO2/m3]

2

3

CNG (G20)

18,0

1 795 ’

Article 2

Entry into force

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

Official Journal of the European Union

Done at Brussels, 8 June 2020.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  
  OJ L 111, 25.4.2019, p. 13.

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(2)  Commission implementing Regulation (EU) No 725/2011 of 25 July 2011 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 194, 26.7.2011, p. 19).

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(3)  Commission Implementing Decision (EU) 2016/588 of 14 April 2016 on the approval of the technology used in 12 Volt efficient alternators as an innovative technology for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ L 101, 16.4.2016, p. 25).

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(4)  Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 140, 5.6.2009, p. 1).

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(5)  https://circabc.europa.eu/w/browse/f3927eae-29f8-4950-b3b3-d2e700598b52

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