# Official Journal L 141/2023

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 141 |
| | |
| English edition | Legislation | Volume 6631 May 2023 |

ISSN 1977-0677

Official Journal

of the European Union

L 141

English edition

Legislation

Volume 6631 May 2023

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) 2023/1049 of 30 May 2023 amending Annexes II and IV to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for fish oil, pendimethalin, sheep fat and spirotetramat in or on certain products (
  1
  ) | 1 |
| | * | Commission Implementing Regulation (EU) 2023/1050 of 30 May 2023 imposing a definitive anti-dumping duty on imports of rebars originating in the Republic of Belarus following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council | 16 |
| | | DECISIONS |
| | * | Council Decision (EU) 2023/1051 of 22 May 2023 amending Decision (EU) 2019/1754 on the accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications | 34 |
| | * | Council Decision (EU) 2023/1052 of 22 May 2023 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement on civil aviation safety between the European Union and Japan as regards the adoption of the rules of procedure of the Joint Committee | 38 |
| | * | Commission Implementing Decision (EU) 2023/1053 of 30 May 2023 laying down rules for the application of Regulation (EU) 2023/588 of the European Parliament and of the Council as regards operational requirements for governmental services provided under Union Secure Connectivity Programme and its service portfolio | 44 |
| | * | Commission Implementing Decision (EU) 2023/1054 of 30 May 2023 laying down rules for the application of Regulation (EU) 2021/696 of the European Parliament and of the Council as regards the service portfolio for the Governmental Satellite Communications services offered by the system established under the Union Space Programme | 49 |
| | * | Commission Implementing Decision (EU) 2023/1055 of 30 May 2023 setting out the rules on the sharing and prioritisation of satellite communication capacities, services, and user equipment to fulfil the function referred to in Article 66(2) of Regulation (EU) 2021/696 of the European Parliament and of the Council | 57 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) 2023/1049 of 30 May 2023 amending Annexes II and IV to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for fish oil, pendimethalin, sheep fat and spirotetramat in or on certain products (
  1
  )

1

1

*

Commission Implementing Regulation (EU) 2023/1050 of 30 May 2023 imposing a definitive anti-dumping duty on imports of rebars originating in the Republic of Belarus following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

16

DECISIONS

*

Council Decision (EU) 2023/1051 of 22 May 2023 amending Decision (EU) 2019/1754 on the accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications

34

*

Council Decision (EU) 2023/1052 of 22 May 2023 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement on civil aviation safety between the European Union and Japan as regards the adoption of the rules of procedure of the Joint Committee

38

*

Commission Implementing Decision (EU) 2023/1053 of 30 May 2023 laying down rules for the application of Regulation (EU) 2023/588 of the European Parliament and of the Council as regards operational requirements for governmental services provided under Union Secure Connectivity Programme and its service portfolio

44

*

Commission Implementing Decision (EU) 2023/1054 of 30 May 2023 laying down rules for the application of Regulation (EU) 2021/696 of the European Parliament and of the Council as regards the service portfolio for the Governmental Satellite Communications services offered by the system established under the Union Space Programme

49

*

Commission Implementing Decision (EU) 2023/1055 of 30 May 2023 setting out the rules on the sharing and prioritisation of satellite communication capacities, services, and user equipment to fulfil the function referred to in Article 66(2) of Regulation (EU) 2021/696 of the European Parliament and of the Council

57

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Council Decision (EU) 2023/992 of 16 May 2023 appointing 16 members of the Management Board of the European Chemicals Agency (ECHA) ( OJ L 135, 23.5.2023 ) | 67 |

Corrigenda

*

Corrigendum to Council Decision (EU) 2023/992 of 16 May 2023 appointing 16 members of the Management Board of the European Chemicals Agency (ECHA) ( OJ L 135, 23.5.2023 )

( OJ L 135, 23.5.2023 )

67

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

---

(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

| 31.5.2023 | EN | Official Journal of the European Union | L 141/1 |
| --- | --- | --- | --- |

31.5.2023

EN

Official Journal of the European Union

L 141/1

---

COMMISSION REGULATION (EU) 2023/1049

of 30 May 2023

amending Annexes II and IV to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for fish oil, pendimethalin, sheep fat and spirotetramat in or on certain 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 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 5(1) and Article 14(1), point (a), thereof,

Whereas:

| (1) | For pendimethalin and spirotetramat, maximum residue levels (‘MRLs’) were set in Annex II to Regulation (EC) No 396/2005. Fish oil and sheep fat are included in Annex IV to that Regulation. |
| --- | --- |

(1)

For pendimethalin and spirotetramat, maximum residue levels (‘MRLs’) were set in Annex II to Regulation (EC) No 396/2005. Fish oil and sheep fat are included in Annex IV to that Regulation.

| (2) | As regards the active substance pendimethalin, an application pursuant to Article 6(1) of Regulation (EC) No 396/2005 requesting a modification of the existing MRLs was submitted for peas (with pods), beans (with pods) and leeks. As regards the active substance spirotetramat, such an application was submitted for herbs and edible flowers. |
| --- | --- |

(2)

As regards the active substance pendimethalin, an application pursuant to Article 6(1) of Regulation (EC) No 396/2005 requesting a modification of the existing MRLs was submitted for peas (with pods), beans (with pods) and leeks. As regards the active substance spirotetramat, such an application was submitted for herbs and edible flowers.

| (3) | In accordance with Article 8 of Regulation (EC) No 396/2005, those applications were evaluated by the Member States concerned and the evaluation reports were forwarded to the Commission. |
| --- | --- |

(3)

In accordance with Article 8 of Regulation (EC) No 396/2005, those applications were evaluated by the Member States concerned and the evaluation reports were forwarded to the Commission.

| (4) | The European Food Safety Authority (‘the Authority’) assessed the applications and the evaluation reports, examining in particular the risks to consumers and, where relevant, to animals, and gave reasoned opinions on the proposed MRLs (2). It forwarded those opinions to the applicants, the Commission and the Member States and made them available to the public. |
| --- | --- |

(4)

The European Food Safety Authority (‘the Authority’) assessed the applications and the evaluation reports, examining in particular the risks to consumers and, where relevant, to animals, and gave reasoned opinions on the proposed MRLs (2). It forwarded those opinions to the applicants, the Commission and the Member States and made them available to the public.

| (5) | As regards spirotetramat, in herbs and edible flowers, others, the Authority did not recommend a specific MRL value. Nevertheless, the Authority noted that risk managers may consider to implement the MRL of 10 mg/kg to the whole group of herbs and edible flowers, and that this would be safe for consumers. Therefore, it is appropriate to propose setting the MRL for spirotetramat in herbs and edible flowers, others, at 10 mg/kg in accordance with the relevant Commission Technical Guidelines (3). |
| --- | --- |

(5)

As regards spirotetramat, in herbs and edible flowers, others, the Authority did not recommend a specific MRL value. Nevertheless, the Authority noted that risk managers may consider to implement the MRL of 10 mg/kg to the whole group of herbs and edible flowers, and that this would be safe for consumers. Therefore, it is appropriate to propose setting the MRL for spirotetramat in herbs and edible flowers, others, at 10 mg/kg in accordance with the relevant Commission Technical Guidelines (3).

| (6) | For pendimethalin and spirotetramat, the Authority concluded that all requirements with respect to completeness of data submission were met and that the modifications to the MRLs requested by the applicants were acceptable with regard to consumer safety on the basis of a consumer exposure assessment for 27 specific European consumer groups. In so concluding, the Authority took into account the most recent data on the toxicological properties of the substances. Neither the long-term exposure to these substances via consumption of all food products that may contain them, nor the short-term exposure due to high consumption of the relevant products showed a risk that the acceptable daily intake or the acute reference dose is exceeded. |
| --- | --- |

(6)

For pendimethalin and spirotetramat, the Authority concluded that all requirements with respect to completeness of data submission were met and that the modifications to the MRLs requested by the applicants were acceptable with regard to consumer safety on the basis of a consumer exposure assessment for 27 specific European consumer groups. In so concluding, the Authority took into account the most recent data on the toxicological properties of the substances. Neither the long-term exposure to these substances via consumption of all food products that may contain them, nor the short-term exposure due to high consumption of the relevant products showed a risk that the acceptable daily intake or the acute reference dose is exceeded.

| (7) | Based on the reasoned opinions of the Authority and taking into account the relevant factors listed in Article 14(2) of Regulation (EC) No 396/2005, it is appropriate to conclude that the proposed modifications to the MRLs fulfil the requirements of that article. |
| --- | --- |

(7)

Based on the reasoned opinions of the Authority and taking into account the relevant factors listed in Article 14(2) of Regulation (EC) No 396/2005, it is appropriate to conclude that the proposed modifications to the MRLs fulfil the requirements of that article.

| (8) | Fish oil and sheep fat were temporarily included in Annex IV to Regulation (EC) No 396/2005 pending the finalisation of their evaluation either under Council Directive 91/414/EEC (4) or under Regulation (EC) No 1107/2009 of the European Parliament and of the Council (5), and pending the review of MRLs on those active substances in accordance with Article 12 of Regulation (EC) No 396/2005. In the context of applications for renewal of the approval of those active substances under Regulation (EC) No 1107/2009, the Authority issued conclusions on the peer review of the pesticide risk assessment of fish oil and sheep fat (6). Based on those conclusions, no MRLs are required for fish oil and sheep fat. Therefore, it is appropriate for those substances to remain in Annex IV to Regulation (EC) No 396/2005. |
| --- | --- |

(8)

Fish oil and sheep fat were temporarily included in Annex IV to Regulation (EC) No 396/2005 pending the finalisation of their evaluation either under Council Directive 91/414/EEC (4) or under Regulation (EC) No 1107/2009 of the European Parliament and of the Council (5), and pending the review of MRLs on those active substances in accordance with Article 12 of Regulation (EC) No 396/2005. In the context of applications for renewal of the approval of those active substances under Regulation (EC) No 1107/2009, the Authority issued conclusions on the peer review of the pesticide risk assessment of fish oil and sheep fat (6). Based on those conclusions, no MRLs are required for fish oil and sheep fat. Therefore, it is appropriate for those substances to remain in Annex IV to Regulation (EC) No 396/2005.

| (9) | Regulation (EC) No 396/2005 should therefore be amended accordingly. |
| --- | --- |

(9)

Regulation (EC) No 396/2005 should therefore be amended accordingly.

| (10) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(10)

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 and IV to Regulation (EC) No 396/2005 are 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, 30 May 2023.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  OJ L 70, 16.3.2005, p. 1.

1

(2)  Reasoned Opinion on the modification of the existing maximum residue levels for pendimethalin in peas (with pods), beans (with pods) and leeks. EFSA Journal 2023;21(3):7663.

2

Reasoned Opinion on the modification of the existing maximum residue levels for spirotetramat in herbs and edible flowers. EFSA Journal 2022;20(12):7668.

(3)  Commission Technical Guidelines on data requirements for setting MRLs, comparability of residue trials and extrapolation of residue data on products from plant and animal origin (SANTE/2019/12752)

3

(4)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

4

(5)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

5

(6)  Conclusion on the peer review of the pesticide risk assessment of the active substance fish oil. EFSA Journal 2022;20(1):7079.

6

Conclusion on the peer review of the pesticide risk assessment of the active substance sheep fat. EFSA Journal 2022;20(1):7073.

---

ANNEX

Annexes II and IV to Regulation (EC) No 396/2005 are amended as follows:

| (1) | in Annex II, the columns for pendimethalin and spirotetramat are replaced by the following:
  ‘Pesticide residues and maximum residue levels (mg/kg)









  Code number | Groups and examples of individual products to which the MRLs apply (1) | Pendimethalin (F) | Spirotetramat and spirotetramat-enol (sum of), expressed as spirotetramat (R) |
| --- | --- | --- | --- | --- |
| (1) | (2) | (3) | (4) |
| 0100000 | FRUITS, FRESH or FROZEN; TREE NUTS | 0,05  (*1) | |
| 0110000 | Citrus fruits | | 0,5 |
| 0110010 | Grapefruits | | |
| 0110020 | Oranges | | |
| 0110030 | Lemons | | |
| 0110040 | Limes | | |
| 0110050 | Mandarins | | |
| 0110990 | Others (2) | | |
| 0120000 | Tree nuts | | 0,5 |
| 0120010 | Almonds | | |
| 0120020 | Brazil nuts | | |
| 0120030 | Cashew nuts | | |
| 0120040 | Chestnuts | | |
| 0120050 | Coconuts | | |
| 0120060 | Hazelnuts/cobnuts | | |
| 0120070 | Macadamias | | |
| 0120080 | Pecans | | |
| 0120090 | Pine nut kernels | | |
| 0120100 | Pistachios | | |
| 0120110 | Walnuts | | |
| 0120990 | Others (2) | | |
| 0130000 | Pome fruits | | 0,7 |
| 0130010 | Apples | | |
| 0130020 | Pears | | |
| 0130030 | Quinces | | |
| 0130040 | Medlars | | |
| 0130050 | Loquats/Japanese medlars | | |
| 0130990 | Others (2) | | |
| 0140000 | Stone fruits | | 3 |
| 0140010 | Apricots | | |
| 0140020 | Cherries (sweet) | | |
| 0140030 | Peaches | | |
| 0140040 | Plums | | |
| 0140990 | Others (2) | | |
| 0150000 | Berries and small fruits | | |
| 0151000 | (a) | grapes |

(1)

in Annex II, the columns for pendimethalin and spirotetramat are replaced by the following:

‘Pesticide residues and maximum residue levels (mg/kg)

Code number

Groups and examples of individual products to which the MRLs apply (1)

Pendimethalin (F)

Spirotetramat and spirotetramat-enol (sum of), expressed as spirotetramat (R)

(1)

(2)

(3)

(4)

0100000

FRUITS, FRESH or FROZEN; TREE NUTS

0,05  (*1)

0110000

Citrus fruits

0,5

0110010

Grapefruits

0110020

Oranges

0110030

Lemons

0110040

Limes

0110050

Mandarins

0110990

Others (2)

0120000

Tree nuts

0,5

0120010

Almonds

0120020

Brazil nuts

0120030

Cashew nuts

0120040

Chestnuts

0120050

Coconuts

0120060

Hazelnuts/cobnuts

0120070

Macadamias

0120080

Pecans

0120090

Pine nut kernels

0120100

Pistachios

0120110

Walnuts

0120990

Others (2)

0130000

Pome fruits

0,7

0130010

Apples

0130020

Pears

0130030

Quinces

0130040

Medlars

0130050

Loquats/Japanese medlars

0130990

Others (2)

0140000

Stone fruits

3

0140010

Apricots

0140020

Cherries (sweet)

0140030

Peaches

0140040

Plums

0140990

Others (2)

0150000

Berries and small fruits

0151000

(a)

grapes

2

0151010

Table grapes

0151020

Wine grapes

0152000

| (b) | strawberries |
| --- | --- |

(b)

strawberries

0,3

0153000

| (c) | cane fruits |
| --- | --- |

(c)

cane fruits

0,02  (*1)

0153010

Blackberries

0153020

Dewberries

0153030

Raspberries (red and yellow)

0153990

Others (2)

0154000

| (d) | other small fruits and berries |
| --- | --- |

(d)

other small fruits and berries

1,5

0154010

Blueberries

0154020

Cranberries

0154030

Currants (black, red and white)

0154040

Gooseberries (green, red and yellow)

0154050

Rose hips

0154060

Mulberries (black and white)

0154070

Azaroles/Mediterranean medlars

0154080

Elderberries

0154990

Others (2)

0160000

Miscellaneous fruitswith

0161000

| (a) | edible peel |
| --- | --- |

(a)

edible peel

0161010

Dates

0,02  (*1)

0161020

Figs

0,02  (*1)

0161030

Table olives

1,5

0161040

Kumquats

0,02  (*1)

0161050

Carambolas

0,02  (*1)

0161060

Kaki/Japanese persimmons

0,4

0161070

Jambuls/jambolans

0,02  (*1)

0161990

Others (2)

0,02  (*1)

0162000

| (b) | inedible peel, small |
| --- | --- |

(b)

inedible peel, small

0162010

Kiwi fruits (green, red, yellow)

3

0162020

Litchis/lychees

15

0162030

Passionfruits/maracujas

0,02  (*1)

0162040

Prickly pears/cactus fruits

0,02  (*1)

0162050

Star apples/cainitos

0,02  (*1)

0162060

American persimmons/Virginia kaki

0,02  (*1)

0162990

Others (2)

0,02  (*1)

0163000

| (c) | inedible peel, large |
| --- | --- |

(c)

inedible peel, large

0163010

Avocados

0,4

0163020

Bananas

0,4

0163030

Mangoes

0,3

0163040

Papayas

0,4

0163050

Granate apples/pomegranates

0,4

0163060

Cherimoyas

0,02  (*1)

0163070

Guavas

2

0163080

Pineapples

0,15

0163090

Breadfruits

0,02  (*1)

0163100

Durians

0,02  (*1)

0163110

Soursops/guanabanas

0,02  (*1)

0163990

Others (2)

0,02  (*1)

0200000

VEGETABLES, FRESH or FROZEN

0210000

Root and tuber vegetables

0211000

| (a) | potatoes |
| --- | --- |

(a)

potatoes

0,05  (*1)

0,8

0212000

| (b) | tropical root and tuber vegetables |
| --- | --- |

(b)

tropical root and tuber vegetables

0,05  (*1)

0,02  (*1)

0212010

Cassava roots/manioc

0212020

Sweet potatoes

0212030

Yams

0212040

Arrowroots

0212990

Others (2)

0213000

| (c) | other root and tuber vegetables except sugar beets |
| --- | --- |

(c)

other root and tuber vegetables except sugar beets

0,07

0213010

Beetroots

0,05  (*1)

0213020

Carrots

0,7

0213030

Celeriacs/turnip rooted celeries

0,2

0213040

Horseradishes

0,7

0213050

Jerusalem artichokes

0,05  (*1)

0213060

Parsnips

0,7

0213070

Parsley roots/Hamburg roots parsley

0,7

0213080

Radishes

0,05  (*1)

0213090

Salsifies

0,7

0213100

Swedes/rutabagas

0,4

0213110

Turnips

0,4

0213990

Others (2)

0,05  (*1)

0220000

Bulb vegetables

0,05  (*1)

0220010

Garlic

0,3

0220020

Onions

0,4

0220030

Shallots

0,3

0220040

Spring onions/green onions and Welsh onions

0,9

0220990

Others (2)

0,02  (*1)

0230000

Fruiting vegetables

0,05  (*1)

0231000

| (a) | Solanaceae and Malvaceae |
| --- | --- |

(a)

Solanaceae and Malvaceae

1

0231010

Tomatoes

0231020

Sweet peppers/bell peppers

0231030

Aubergines/eggplants

0231040

Okra/lady's fingers

0231990

Others (2)

0232000

| (b) | cucurbits with edible peel |
| --- | --- |

(b)

cucurbits with edible peel

0,2

0232010

Cucumbers

0232020

Gherkins

0232030

Courgettes

0232990

Others (2)

0233000

| (c) | cucurbits with inedible peel |
| --- | --- |

(c)

cucurbits with inedible peel

0,2

0233010

Melons

0233020

Pumpkins

0233030

Watermelons

0233990

Others (2)

0234000

| (d) | sweet corn |
| --- | --- |

(d)

sweet corn

1,5

0239000

| (e) | other fruiting vegetables |
| --- | --- |

(e)

other fruiting vegetables

0,02  (*1)

0240000

Brassica vegetables(excluding brassica roots and brassica baby leaf crops)

0241000

| (a) | flowering brassica |
| --- | --- |

(a)

flowering brassica

0,05  (*1)

1

0241010

Broccoli

0241020

Cauliflowers

0241990

Others (2)

0242000

| (b) | head brassica |
| --- | --- |

(b)

head brassica

0,05  (*1)

0242010

Brussels sprouts

0,3 (+)

0242020

Head cabbages

2

0242990

Others (2)

0,02  (*1)

0243000

| (c) | leafy brassica |
| --- | --- |

(c)

leafy brassica

0,5

7

0243010

Chinese cabbages/pe-tsai

0243020

Kales

0243990

Others (2)

0244000

| (d) | kohlrabies |
| --- | --- |

(d)

kohlrabies

0,3

1,5 (+)

0250000

Leaf vegetables, herbs and edible flowers

0251000

| (a) | lettuces and salad plants |
| --- | --- |

(a)

lettuces and salad plants

7

0251010

Lamb's lettuces/corn salads

0,6

0251020

Lettuces

4

0251030

Escaroles/broad-leaved endives

0,05  (*1)

0251040

Cresses and other sprouts and shoots

0,6

0251050

Land cresses

0,05  (*1)

0251060

Roman rocket/rucola

0,6

0251070

Red mustards

0,05  (*1)

0251080

Baby leaf crops (including brassica species)

0,6

0251990

Others (2)

0,05  (*1)

0252000

| (b) | spinaches and similar leaves |
| --- | --- |

(b)

spinaches and similar leaves

0,05  (*1)

7

0252010

Spinaches

0252020

Purslanes

0252030

Chards/beet leaves

0252990

Others (2)

0253000

| (c) | grape leaves and similar species |
| --- | --- |

(c)

grape leaves and similar species

0,05  (*1)

0,02  (*1)

0254000

| (d) | watercresses |
| --- | --- |

(d)

watercresses

0,05  (*1)

7

0255000

| (e) | witloofs/Belgian endives |
| --- | --- |

(e)

witloofs/Belgian endives

0,05  (*1)

0,03

0256000

| (f) | herbs and edible flowers |
| --- | --- |

(f)

herbs and edible flowers

0256010

Chervil

0,6

7

0256020

Chives

0,6

7

0256030

Celery leaves

0,6

7

0256040

Parsley

2

7

0256050

Sage

2

10

0256060

Rosemary

0,6

10

0256070

Thyme

0,6

10

0256080

Basil and edible flowers

0,6

7

0256090

Laurel/bay leaves

0,6

10

0256100

Tarragon

0,6

7

0256990

Others (2)

0,6

10

0260000

Legume vegetables

0260010

Beans (with pods)

0,06

2

0260020

Beans (without pods)

0,05  (*1)

1,5

0260030

Peas (with pods)

0,09

2

0260040

Peas (without pods)

0,05  (*1)

1,5

0260050

Lentils

0,05  (*1)

1,5

0260990

Others (2)

0,05  (*1)

0,02  (*1)

0270000

Stem vegetables

0270010

Asparagus

0,1

0,02  (*1)

0270020

Cardoons

0,05  (*1)

0,02  (*1)

0270030

Celeries

0,1

4

0270040

Florence fennels

0,1

4

0270050

Globe artichokes

0,05  (*1)

1

0270060

Leeks

0,3

0,9

0270070

Rhubarbs

0,05  (*1)

4

0270080

Bamboo shoots

0,05  (*1)

0,02  (*1)

0270090

Palm hearts

0,05  (*1)

0,02  (*1)

0270990

Others (2)

0,05  (*1)

0,02  (*1)

0280000

Fungi, mosses and lichens

0,05  (*1)

0,02  (*1)

0280010

Cultivated fungi

0280020

Wild fungi

0280990

Mosses and lichens

0290000

Algae and prokaryotes organisms

0,05  (*1)

0,02  (*1)

0300000

PULSES

0,15

2

0300010

Beans

0300020

Lentils

0300030

Peas

0300040

Lupins/lupini beans

0300990

Others (2)

0400000

OILSEEDS AND OIL FRUITS

0,05  (*1)

0401000

Oilseeds

0401010

Linseeds

0,02  (*1)

0401020

Peanuts/groundnuts

0,02  (*1)

0401030

Poppy seeds

0,02  (*1)

0401040

Sesame seeds

0,02  (*1)

0401050

Sunflower seeds

0,02  (*1)

0401060

Rapeseeds/canola seeds

0,02  (*1)

0401070

Soyabeans

4

0401080

Mustard seeds

0,02  (*1)

0401090

Cotton seeds

0,4

0401100

Pumpkin seeds

0,02  (*1)

0401110

Safflower seeds

0,02  (*1)

0401120

Borage seeds

0,02  (*1)

0401130

Gold of pleasure seeds

0,02  (*1)

0401140

Hemp seeds

0,02  (*1)

0401150

Castor beans

0,02  (*1)

0401990

Others (2)

0,02  (*1)

0402000

Oil fruits

0402010

Olives for oil production

1,5

0402020

Oil palms kernels

0,02  (*1)

0402030

Oil palms fruits

0,02  (*1)

0402040

Kapok

0,02  (*1)

0402990

Others (2)

0,02  (*1)

0500000

CEREALS

0,05  (*1)

0,02  (*1)

0500010

Barley

0500020

Buckwheat and other pseudocereals

0500030

Maize/corn

0500040

Common millet/proso millet

0500050

Oat

0500060

Rice

0500070

Rye

0500080

Sorghum

0500090

Wheat

0500990

Others (2)

0600000

TEAS, COFFEE, HERBAL INFUSIONS, COCOA AND CAROBS

0610000

Teas

0,05  (*1)

0,1  (*1)

0620000

Coffee beans

0,05  (*1)

0,1  (*1)

0630000

Herbal infusions from

0631000

| (a) | flowers |
| --- | --- |

(a)

flowers

0,05  (*1)

0,1  (*1)

0631010

Chamomile

0631020

Hibiscus/roselle

0631030

Rose

0631040

Jasmine

0631050

Lime/linden

0631990

Others (2)

0632000

| (b) | leaves and herbs |
| --- | --- |

(b)

leaves and herbs

0,05  (*1)

50

0632010

Strawberry

0632020

Rooibos

0632030

Mate/maté

0632990

Others (2)

0633000

| (c) | roots |
| --- | --- |

(c)

roots

0,5

0,1  (*1)

0633010

Valerian

0633020

Ginseng

0633990

Others (2)

0639000

| (d) | any other parts of the plant |
| --- | --- |

(d)

any other parts of the plant

0,05  (*1)

0,1  (*1)

0640000

Cocoa beans

0,05  (*1)

0,1  (*1)

0650000

Carobs/Saint John's breads

0,05  (*1)

0,1  (*1)

0700000

HOPS

0,05  (*1)

15

0800000

SPICES

0810000

Seed spices

0,05  (*1)

0,1  (*1)

0810010

Anise/aniseed

0810020

Black caraway/black cumin

0810030

Celery

0810040

Coriander

0810050

Cumin

0810060

Dill

0810070

Fennel

0810080

Fenugreek

0810090

Nutmeg

0810990

Others (2)

0820000

Fruit spices

0,05  (*1)

0,1  (*1)

0820010

Allspice/pimento

0820020

Sichuan pepper

0820030

Caraway

0820040

Cardamom

0820050

Juniper berry

0820060

Peppercorn (black, green and white)

0820070

Vanilla

0820080

Tamarind

0820990

Others (2)

0830000

Bark spices

0,05  (*1)

0,1  (*1)

0830010

Cinnamon

0830990

Others (2)

0840000

Root and rhizome spices

0840010

Liquorice

0,05  (*1)

0,1  (*1)

0840020

Ginger (10)

0840030

Turmeric/curcuma

0,05  (*1)

0,1  (*1)

0840040

Horseradish (11)

0840990

Others (2)

0,05  (*1)

0,1  (*1)

0850000

Bud spices

0,05  (*1)

0,1  (*1)

0850010

Cloves

0850020

Capers

0850990

Others (2)

0860000

Flower pistil spices

0,05  (*1)

0,1  (*1)

0860010

Saffron

0860990

Others (2)

0870000

Aril spices

0,05  (*1)

0,1  (*1)

0870010

Mace

0870990

Others (2)

0900000

SUGAR PLANTS

0900010

Sugar beet roots

0,05  (*1)

0,06

0900020

Sugar canes

0,05  (*1)

0,02  (*1)

0900030

Chicory roots

0,2

0,07

0900990

Others (2)

0,05  (*1)

0,02  (*1)

1000000

PRODUCTS OF ANIMAL ORIGIN -TERRESTRIAL ANIMALS

1010000

Commodities from

1011000

| (a) | swine |
| --- | --- |

(a)

swine

1011010

Muscle

0,01  (*1)

0,05

1011020

Fat

0,2

0,02  (*1)

1011030

Liver

0,05

0,7

1011040

Kidney

0,05

0,7

1011050

Edible offals (other than liver and kidney)

0,05

0,7

1011990

Others (2)

0,01  (*1)

0,02  (*1)

1012000

| (b) | bovine |
| --- | --- |

(b)

bovine

1012010

Muscle

0,01  (*1)

0,05

1012020

Fat

0,2

0,02  (*1)

1012030

Liver

0,05

0,7

1012040

Kidney

0,05

0,7

1012050

Edible offals (other than liver and kidney)

0,05

0,7

1012990

Others (2)

0,01  (*1)

0,02  (*1)

1013000

| (c) | sheep |
| --- | --- |

(c)

sheep

1013010

Muscle

0,01  (*1)

0,05

1013020

Fat

0,2

0,02  (*1)

1013030

Liver

0,05

0,7

1013040

Kidney

0,05

0,7

1013050

Edible offals (other than liver and kidney)

0,05

0,7

1013990

Others (2)

0,01  (*1)

0,02  (*1)

1014000

| (d) | goat |
| --- | --- |

(d)

goat

1014010

Muscle

0,01  (*1)

0,05

1014020

Fat

0,2

0,02  (*1)

1014030

Liver

0,05

0,7

1014040

Kidney

0,05

0,7

1014050

Edible offals (other than liver and kidney)

0,05  (*1)

0,7

1014990

Others (2)

0,01  (*1)

0,02  (*1)

1015000

| (e) | equine |
| --- | --- |

(e)

equine

1015010

Muscle

0,01  (*1)

0,05

1015020

Fat

0,2

0,02  (*1)

1015030

Liver

0,05

0,7

1015040

Kidney

0,05

0,7

1015050

Edible offals (other than liver and kidney)

0,05

0,7

1015990

Others (2)

0,01  (*1)

0,02  (*1)

1016000

| (f) | poultry |
| --- | --- |

(f)

poultry

0,01  (*1)

0,02  (*1)

1016010

Muscle

1016020

Fat

1016030

Liver

1016040

Kidney

1016050

Edible offals (other than liver and kidney)

1016990

Others (2)

1017000

| (g) | other farmed terrestrial animals |
| --- | --- |

(g)

other farmed terrestrial animals

1017010

Muscle

0,01  (*1)

0,05

1017020

Fat

0,2

0,02  (*1)

1017030

Liver

0,05

0,7

1017040

Kidney

0,05

0,7

1017050

Edible offals (other than liver and kidney)

0,05

0,7

1017990

Others (2)

0,01  (*1)

0,02  (*1)

1020000

Milk

0,02

0,01  (*1)

1020010

Cattle

1020020

Sheep

1020030

Goat

1020040

Horse

1020990

Others (2)

1030000

Birds eggs

0,01  (*1)

0,01  (*1)

1030010

Chicken

1030020

Duck

1030030

Geese

1030040

Quail

1030990

Others (2)

1040000

Honey and other apiculture products (7)

0,05  (*1)

0,5

1050000

Amphibians and Reptiles

0,01  (*1)

0,02  (*1)

1060000

Terrestrial invertebrate animals

0,01  (*1)

0,02  (*1)

1070000

Wild terrestrial vertebrate animals

0,01  (*1)

0,02  (*1)

1100000

PRODUCTS OF ANIMAL ORIGIN - FISH, FISHPRODUCTS AND ANY OTHER MARINE AND FRESHWATER FOOD PRODUCTS (8)

1200000

PRODUCTS OR PART OF PRODUCTS EXCLUSIVELY USED FOR ANIMAL FEED PRODUCTION (8)

1300000

PROCESSED FOOD PRODUCTS (9)

Pendimethalin (F)

| (F) | Fat soluble |
| --- | --- |

(F)

Fat soluble

Spirotetramat and spirotetramat-enol (sum of), expressed as spirotetramat (R)

| (R) | The residue definition differs for the following combinations pesticide-code number: Spirotetramat - Code 1000000 except 1040000 : spirotetramat-enol expressed as spirotetramat |
| --- | --- |

(R)

The residue definition differs for the following combinations pesticide-code number: Spirotetramat - Code 1000000 except 1040000 : spirotetramat-enol expressed as spirotetramat

The European Food Safety Authority identified some information on residue trials as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 20 April 2023, or, if that information is not submitted by that date, the lack of it.

0242010 Brussels sprouts

0244000 (d) kohlrabies’

| (2) | Annex IV is amended as follows:






  (a) | the entry for ‘Repellants: Fish oil(1)’ is replaced by the following: | ‘Repellants: Fish oil’; |
| --- | --- | --- | --- |

(2)

Annex IV is amended as follows:

(a)

the entry for ‘Repellants: Fish oil(1)’ is replaced by the following:

‘Repellants: Fish oil’;

| (b) | the entry for ‘Repellants: Sheep fat(1)’ is replaced by the following: | ‘Repellants: Sheep fat’. |
| --- | --- | --- |

(b)

the entry for ‘Repellants: Sheep fat(1)’ is replaced by the following:

‘Repellants: Sheep fat’.

---

(*1)  Indicates lower limit of analytical determination

(1)  For the complete list of products of plant and animal origin to which MRL's apply, reference should be made to Annex I

---

| 31.5.2023 | EN | Official Journal of the European Union | L 141/16 |
| --- | --- | --- | --- |

31.5.2023

EN

Official Journal of the European Union

L 141/16

---

COMMISSION IMPLEMENTING REGULATION (EU) 2023/1050

of 30 May 2023

imposing a definitive anti-dumping duty on imports of rebars originating in the Republic of Belarus following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 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) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), and in particular Article 11(2) thereof,

Whereas:

1.   PROCEDURE

1.1.   Previous investigation and measures in force

| (1) | By Regulation (EU) 2017/1019 (2), the European Commission (‘the Commission’) imposed anti-dumping duties on imports of certain concrete reinforcement bars and rods (‘rebars’) originating in the Republic of Belarus (‘the original measures’). The investigation that led to the imposition of the original measures will hereinafter be referred to as ‘the original investigation’. |
| --- | --- |

(1)

By Regulation (EU) 2017/1019 (2), the European Commission (‘the Commission’) imposed anti-dumping duties on imports of certain concrete reinforcement bars and rods (‘rebars’) originating in the Republic of Belarus (‘the original measures’). The investigation that led to the imposition of the original measures will hereinafter be referred to as ‘the original investigation’.

| (2) | The anti-dumping duty currently in force on imports from the Republic of Belarus (‘Belarus’ or ‘the country concerned’) is 10,6 %. |
| --- | --- |

(2)

The anti-dumping duty currently in force on imports from the Republic of Belarus (‘Belarus’ or ‘the country concerned’) is 10,6 %.

1.2.   Request for an expiry review

| (3) | Following the publication of a Notice of impending expiry (3), the Commission received a request for a review pursuant to Article 11(2) of the basic Regulation. |
| --- | --- |

(3)

Following the publication of a Notice of impending expiry (3), the Commission received a request for a review pursuant to Article 11(2) of the basic Regulation.

| (4) | The request for expiry review (‘the request’) was lodged on 16 March 2022 by the European Steel Association (‘Eurofer’ or ‘the applicant’) on behalf of the Union industry of rebars in the sense of Article 5(4) of the basic Regulation representing more than 25 % of the total Union production. The request was based on the grounds that the expiry of the measures would be likely to result in continuation of dumping and recurrence of injury to the Union industry. |
| --- | --- |

(4)

The request for expiry review (‘the request’) was lodged on 16 March 2022 by the European Steel Association (‘Eurofer’ or ‘the applicant’) on behalf of the Union industry of rebars in the sense of Article 5(4) of the basic Regulation representing more than 25 % of the total Union production. The request was based on the grounds that the expiry of the measures would be likely to result in continuation of dumping and recurrence of injury to the Union industry.

1.3.   Initiation of an expiry review

| (5) | Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient evidence existed for the initiation of an expiry review, on 15 June 2022 the Commission initiated an expiry review with regard to imports into the Union of rebars originating in Belarus on the basis of Article 11(2) of the basic Regulation. It published a Notice of Initiation in the Official Journal of the European Union (4) (‘the Notice of Initiation’). |
| --- | --- |

(5)

Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient evidence existed for the initiation of an expiry review, on 15 June 2022 the Commission initiated an expiry review with regard to imports into the Union of rebars originating in Belarus on the basis of Article 11(2) of the basic Regulation. It published a Notice of Initiation in the Official Journal of the European Union (4) (‘the Notice of Initiation’).

1.4.   Review investigation period and period considered

| (6) | The investigation of continuation or recurrence of dumping covered the period from 1 January 2021 to 31 December 2021 (‘the review investigation period’ or ‘RIP’). The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence of injury covered the period from 1 January 2018 to the end of the review investigation period (‘the period considered’). |
| --- | --- |

(6)

The investigation of continuation or recurrence of dumping covered the period from 1 January 2021 to 31 December 2021 (‘the review investigation period’ or ‘RIP’). The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence of injury covered the period from 1 January 2018 to the end of the review investigation period (‘the period considered’).

1.5.   Interested parties

| (7) | In the Notice of Initiation, interested parties were invited to contact the Commission in order to participate in the investigation. In addition, the Commission specifically informed the applicants, other known Union producers, the known exporting producer and the authorities in Belarus, known importers, users and traders about the initiation of the expiry and invited them to participate. |
| --- | --- |

(7)

In the Notice of Initiation, interested parties were invited to contact the Commission in order to participate in the investigation. In addition, the Commission specifically informed the applicants, other known Union producers, the known exporting producer and the authorities in Belarus, known importers, users and traders about the initiation of the expiry and invited them to participate.

| (8) | Interested parties had an opportunity to comment on the initiation of the expiry review and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings. |
| --- | --- |

(8)

Interested parties had an opportunity to comment on the initiation of the expiry review and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings.

1.6.   Representative country

| (9) | In accordance with Article 2(7) of the basic Regulation, since Belarus is not a member of the WTO and is listed in Annex I to Regulation (EU) 2015/755 of the European Parliament and of the Council (5), the normal value must be determined on the basis of the price or constructed value in an appropriate representative country. |
| --- | --- |

(9)

In accordance with Article 2(7) of the basic Regulation, since Belarus is not a member of the WTO and is listed in Annex I to Regulation (EU) 2015/755 of the European Parliament and of the Council (5), the normal value must be determined on the basis of the price or constructed value in an appropriate representative country.

| (10) | With the view of seeking cooperation of exporting producers in an appropriate representative country, pursuant to Article 2(7) of the basic Regulation the Commission contacted potential producers of rebars located in Bosnia-Herzegovina, South Korea, Dominican Republic, Switzerland, Norway, Türkiye, the United States (USA) and South Africa. It received a reply from only one producer, located in the USA. |
| --- | --- |

(10)

With the view of seeking cooperation of exporting producers in an appropriate representative country, pursuant to Article 2(7) of the basic Regulation the Commission contacted potential producers of rebars located in Bosnia-Herzegovina, South Korea, Dominican Republic, Switzerland, Norway, Türkiye, the United States (USA) and South Africa. It received a reply from only one producer, located in the USA.

| (11) | In the absence of cooperation from any producers located in another potential representative country, the Commission decided to determine the normal value on the basis of the information received from this producer in the USA. |
| --- | --- |

(11)

In the absence of cooperation from any producers located in another potential representative country, the Commission decided to determine the normal value on the basis of the information received from this producer in the USA.

| (12) | In accordance with Article 2(7) of the basic Regulation, parties were informed and given 10 days to comment on the choice of the USA as appropriate representative country. No comments were received from interested parties. |
| --- | --- |

(12)

In accordance with Article 2(7) of the basic Regulation, parties were informed and given 10 days to comment on the choice of the USA as appropriate representative country. No comments were received from interested parties.

1.7.   Sampling

| (13) | In the Notice of Initiation, the Commission stated that it might sample the interested parties in accordance with Article 17 of the basic Regulation. |
| --- | --- |

(13)

In the Notice of Initiation, the Commission stated that it might sample the interested parties in accordance with Article 17 of the basic Regulation.

1.7.1.   Sampling of Union producers

| (14) | In the Notice of Initiation, the Commission stated that it had provisionally selected a sample of Union producers. The Commission selected the sample on the basis of volume of production and sales of the like product in the Union during the review investigation period, whilst taking into account geographical spread. This sample consisted of three Union producers, accounting for more than 17 % of the estimated total volume of production and sales of the like product in the Union. In accordance with Article 17(2) of the basic Regulation, the Commission invited interested parties to comment on the provisional sample. No comments were received, therefore the provisional sampled was confirmed. |
| --- | --- |

(14)

In the Notice of Initiation, the Commission stated that it had provisionally selected a sample of Union producers. The Commission selected the sample on the basis of volume of production and sales of the like product in the Union during the review investigation period, whilst taking into account geographical spread. This sample consisted of three Union producers, accounting for more than 17 % of the estimated total volume of production and sales of the like product in the Union. In accordance with Article 17(2) of the basic Regulation, the Commission invited interested parties to comment on the provisional sample. No comments were received, therefore the provisional sampled was confirmed.

1.7.2.   Sampling of importers

| (15) | To decide whether sampling was necessary and, if so, to select a sample, the Commission asked unrelated importers to provide the information specified in the Notice of Initiation. No unrelated importer provided the requested information and agreed to be included in the sample. |
| --- | --- |

(15)

To decide whether sampling was necessary and, if so, to select a sample, the Commission asked unrelated importers to provide the information specified in the Notice of Initiation. No unrelated importer provided the requested information and agreed to be included in the sample.

1.7.3.   Sampling of producers in Belarus

| (16) | In order to decide whether sampling was necessary and, if so, to select a sample, the Commission asked all producers in Belarus to provide the information specified in the Notice of Initiation. In addition, the Commission asked the Mission of the Republic of Belarus to the European Union to identify and/or contact other producers, if any, that could be interested in participating in the investigation. |
| --- | --- |

(16)

In order to decide whether sampling was necessary and, if so, to select a sample, the Commission asked all producers in Belarus to provide the information specified in the Notice of Initiation. In addition, the Commission asked the Mission of the Republic of Belarus to the European Union to identify and/or contact other producers, if any, that could be interested in participating in the investigation.

| (17) | Only one producer of rebars from Belarus, Byelorussian Steel Works (‘BMZ‘), came forward. Therefore, sampling was not necessary. |
| --- | --- |

(17)

Only one producer of rebars from Belarus, Byelorussian Steel Works (‘BMZ‘), came forward. Therefore, sampling was not necessary.

1.8.   Replies to the questionnaire

| (18) | The Commission sent questionnaires to the three sampled Union producers, the applicant, BMZ and the cooperating producer in the representative country. The questionnaires were also made available online (6) on the day of initiation. |
| --- | --- |

(18)

The Commission sent questionnaires to the three sampled Union producers, the applicant, BMZ and the cooperating producer in the representative country. The questionnaires were also made available online (6) on the day of initiation.

| (19) | Questionnaire replies were received from the three sampled Union producers, the applicant and the producer in the USA. |
| --- | --- |

(19)

Questionnaire replies were received from the three sampled Union producers, the applicant and the producer in the USA.

| (20) | BMZ did not provide a questionnaire reply and was therefore deemed not to be cooperating with the Commission in this expiry review investigation. |
| --- | --- |

(20)

BMZ did not provide a questionnaire reply and was therefore deemed not to be cooperating with the Commission in this expiry review investigation.

| (21) | Accordingly, in the absence of cooperation from the Belarusianproducer, the Commission applied Article 18 of the basic Regulation and based its findings in the expiry review investigation on facts available. |
| --- | --- |

(21)

Accordingly, in the absence of cooperation from the Belarusianproducer, the Commission applied Article 18 of the basic Regulation and based its findings in the expiry review investigation on facts available.

1.9.   On spot verification

| (22) | The Commission sought and verified all the information deemed necessary for the determination of likelihood of continuation or recurrence of dumping and injury and of the Union interest. Verification visits pursuant to Article 16 of the basic Regulation were carried out at the premises of the following companies: | Union producers








  — | SN Maia – Siderurgia Nacional S.A., Portugal |
| --- | --- | --- | --- |

(22)

The Commission sought and verified all the information deemed necessary for the determination of likelihood of continuation or recurrence of dumping and injury and of the Union interest. Verification visits pursuant to Article 16 of the basic Regulation were carried out at the premises of the following companies:

Union producers

—

SN Maia – Siderurgia Nacional S.A., Portugal

| — | CMC Poland SP. z o.o, Poland |
| --- | --- |

—

CMC Poland SP. z o.o, Poland

| — | Riva Acier S.A.S., France |
| --- | --- |

—

Riva Acier S.A.S., France

| | Union Producers Association








  — | Eurofer, Belgium |
| --- | --- | --- |

Union Producers Association

—

Eurofer, Belgium

| | Producer in an appropriate representative country








  — | CMC, Irving, Texas, USA |
| --- | --- | --- |

Producer in an appropriate representative country

—

CMC, Irving, Texas, USA

1.10.   Subsequent procedure

| (23) | On 17 April 2023, the Commission disclosed the essential facts and considerations on the basis of which it intended to maintain the anti-dumping duties in force. All parties were granted a period within which they could make comments on the disclosure. |
| --- | --- |

(23)

On 17 April 2023, the Commission disclosed the essential facts and considerations on the basis of which it intended to maintain the anti-dumping duties in force. All parties were granted a period within which they could make comments on the disclosure.

| (24) | Only the applicant provided comments which supported the Commission’s findings and conclusions. |
| --- | --- |

(24)

Only the applicant provided comments which supported the Commission’s findings and conclusions.

2.   PRODUCT UNDER REVIEW AND LIKE PRODUCT

2.1.   Product under review

| (25) | The product under review is the same as in the original investigation, namely certain concrete reinforcement bars and rods, made of iron or non-alloy steel, not further worked than forged, hot-rolled, hot-drawn or hot-extruded, whether or not twisted after rolling, containing indentations, ribs, grooves or other deformations produced during the rolling process, originating in Belarus and currently falling under CN codes ex 7214 10 00, ex 7214 20 00, ex 7214 30 00, ex 7214 91 10, ex 7214 91 90, ex 7214 99 10 and ex 7214 99 95 (‘the product under review’). High fatigue performance iron or steel concrete reinforcing bars and rods are excluded. Other long products, such as round bars, are excluded. |
| --- | --- |

(25)

The product under review is the same as in the original investigation, namely certain concrete reinforcement bars and rods, made of iron or non-alloy steel, not further worked than forged, hot-rolled, hot-drawn or hot-extruded, whether or not twisted after rolling, containing indentations, ribs, grooves or other deformations produced during the rolling process, originating in Belarus and currently falling under CN codes ex 7214 10 00, ex 7214 20 00, ex 7214 30 00, ex 7214 91 10, ex 7214 91 90, ex 7214 99 10 and ex 7214 99 95 (‘the product under review’). High fatigue performance iron or steel concrete reinforcing bars and rods are excluded. Other long products, such as round bars, are excluded.

2.2.   Like product

| (26) | As established in the original investigation, this expiry review investigation confirmed that the following products have the same basic physical, chemical and technical characteristics as well as the same basic uses:






  — | the product under review, |
| --- | --- | --- |

(26)

As established in the original investigation, this expiry review investigation confirmed that the following products have the same basic physical, chemical and technical characteristics as well as the same basic uses:

—

the product under review,

| — | the product produced and sold on the domestic market of the representative country, and |
| --- | --- |

—

the product produced and sold on the domestic market of the representative country, and

| — | the product produced and sold in the Union by the Union industry. |
| --- | --- |

—

the product produced and sold in the Union by the Union industry.

| (27) | These products are therefore considered to be like products within the meaning of Article 1(4) of the basic Regulation. |
| --- | --- |

(27)

These products are therefore considered to be like products within the meaning of Article 1(4) of the basic Regulation.

3.   LIKELIHOOD OF CONTINUATION OR RECURRENCE OF DUMPING

| (28) | In accordance with Article 11(2) of the basic Regulation, the Commission examined whether the expiry of the measures in force would be likely to lead to a continuation or recurrence of dumping from Belarus. |
| --- | --- |

(28)

In accordance with Article 11(2) of the basic Regulation, the Commission examined whether the expiry of the measures in force would be likely to lead to a continuation or recurrence of dumping from Belarus.

3.1.   Preliminary remarks

| (29) | According to Eurostat Comext database, during the RIP, imports from Belarus totalled around 206 200 tonnes with a market share of about 1,9 %. The main importing Member States were: Estonia, Latvia, Lithuania and Poland. Compared to the original investigation, imports and market share were more than halved (i.e. 488 700 tonnes and 5,0 % market share). |
| --- | --- |

(29)

According to Eurostat Comext database, during the RIP, imports from Belarus totalled around 206 200 tonnes with a market share of about 1,9 %. The main importing Member States were: Estonia, Latvia, Lithuania and Poland. Compared to the original investigation, imports and market share were more than halved (i.e. 488 700 tonnes and 5,0 % market share).

| (30) | As indicated in recital (20), the only known Belarusian manufacturer did not cooperate with the investigation. Therefore, the Commission informed the authorities of Belarus that due to the absence of cooperation, the Commission might apply Article 18 of the basic Regulation concerning the findings with regard to Belarus. The Commission did not receive any comments. |
| --- | --- |

(30)

As indicated in recital (20), the only known Belarusian manufacturer did not cooperate with the investigation. Therefore, the Commission informed the authorities of Belarus that due to the absence of cooperation, the Commission might apply Article 18 of the basic Regulation concerning the findings with regard to Belarus. The Commission did not receive any comments.

| (31) | Consequently, in accordance with Article 18 of the basic Regulation, the findings in relation to the likelihood of continuation or recurrence of dumping were based on facts available, in particular Eurostat, the database established according to Article 14(6) of the basic Regulation (‘the Article 14(6) database’), Global Trade Atlas (‘GTA’) and the request. |
| --- | --- |

(31)

Consequently, in accordance with Article 18 of the basic Regulation, the findings in relation to the likelihood of continuation or recurrence of dumping were based on facts available, in particular Eurostat, the database established according to Article 14(6) of the basic Regulation (‘the Article 14(6) database’), Global Trade Atlas (‘GTA’) and the request.

| (32) | Import volume and price from Belarus were determined based on information extracted from the Article 14(6) database. |
| --- | --- |

(32)

Import volume and price from Belarus were determined based on information extracted from the Article 14(6) database.

3.2.   Procedure for the determination of the normal value under Article 2(7) of the basic Regulation

| (33) | As noted in Section 1.6 above, in accordance with Article 2(7) of the basic Regulation, since Belarus is not a member of the WTO and is listed in Annex I to Regulation (EU) 2015/755, the normal value should be determined on the basis of the price or constructed value in an appropriate representative country. |
| --- | --- |

(33)

As noted in Section 1.6 above, in accordance with Article 2(7) of the basic Regulation, since Belarus is not a member of the WTO and is listed in Annex I to Regulation (EU) 2015/755, the normal value should be determined on the basis of the price or constructed value in an appropriate representative country.

| (34) | As the Commission received a reply from only one producer, located in the USA, it decided to determine the normal value on the basis of the information received from this producer in the USA, that is, on the basis of actual prices of that cooperating producer. |
| --- | --- |

(34)

As the Commission received a reply from only one producer, located in the USA, it decided to determine the normal value on the basis of the information received from this producer in the USA, that is, on the basis of actual prices of that cooperating producer.

3.3.   Normal value

| (35) | First, the Commission examined whether, in accordance with Article 2(2) of the basic Regulation, the total volume of the sales of the like product by the cooperating producer to independent customers in the USA was representative. The total volume of the sales in the USA was compared to the total import volume from Belarus into the Union, as reported in the Article 14(6) database. On that basis, the Commission found that the like product was sold in representative quantities on the USA market. |
| --- | --- |

(35)

First, the Commission examined whether, in accordance with Article 2(2) of the basic Regulation, the total volume of the sales of the like product by the cooperating producer to independent customers in the USA was representative. The total volume of the sales in the USA was compared to the total import volume from Belarus into the Union, as reported in the Article 14(6) database. On that basis, the Commission found that the like product was sold in representative quantities on the USA market.

| (36) | The Commission subsequently examined for the cooperating producer in the USA whether each type of the like product sold domestically could be considered as being sold in the ordinary course of trade pursuant to Article 2(4) of the basic Regulation. The sales transactions were considered profitable where the unit price was equal or above the cost of production. The cost of production of each product type produced by the producer in the USA during the RIP was therefore determined. |
| --- | --- |

(36)

The Commission subsequently examined for the cooperating producer in the USA whether each type of the like product sold domestically could be considered as being sold in the ordinary course of trade pursuant to Article 2(4) of the basic Regulation. The sales transactions were considered profitable where the unit price was equal or above the cost of production. The cost of production of each product type produced by the producer in the USA during the RIP was therefore determined.

| (37) | Since the volume sold at a net sales price equal to or above the calculated cost of production (costs of manufacturing plus SG&A costs), represented more than 80 % of the total domestic sales volume, the normal value was based on the actual domestic price of the cooperating producer in the USA. |
| --- | --- |

(37)

Since the volume sold at a net sales price equal to or above the calculated cost of production (costs of manufacturing plus SG&A costs), represented more than 80 % of the total domestic sales volume, the normal value was based on the actual domestic price of the cooperating producer in the USA.

3.4.   Export price

| (38) | As indicated in recital (32), export prices from Belarus were established based on Article 14(6) database import values, which were adjusted to ex-works level. For that purpose, the transport costs that were deducted were based on information provided by the applicant in the request. |
| --- | --- |

(38)

As indicated in recital (32), export prices from Belarus were established based on Article 14(6) database import values, which were adjusted to ex-works level. For that purpose, the transport costs that were deducted were based on information provided by the applicant in the request.

3.5.   Comparison

| (39) | The Commission compared the normal value and the export prices on an ex-works basis. |
| --- | --- |

(39)

The Commission compared the normal value and the export prices on an ex-works basis.

3.6.   Dumping margin

| (40) | The comparison showed a countrywide dumping margin for the Belarusian exports expressed as a percentage of the Union customs value of 41,1 %. |
| --- | --- |

(40)

The comparison showed a countrywide dumping margin for the Belarusian exports expressed as a percentage of the Union customs value of 41,1 %.

4.   LIKELIHOOD OF CONTINUATION OF DUMPING

| (41) | Further to the finding of the existence of dumping during the review investigation period, the Commission investigated, in accordance with Article 11(2) of the basic Regulation, the likelihood of continuation of dumping, should the measures be repealed. The following additional elements were analysed: the production capacity and spare capacity in Belarus, the relation between export prices to third countries and the price level in the Union, and the attractiveness of the Union market. It is recalled that due to the non-cooperation from the Belarusian exporting producer and the government of Belarus, the analysis was based on facts available in accordance with Article 18 of the basic Regulation, in particular the information provided by the applicant in the request for review and the statistical database Global Trade Atlas (‘GTA’). |
| --- | --- |

(41)

Further to the finding of the existence of dumping during the review investigation period, the Commission investigated, in accordance with Article 11(2) of the basic Regulation, the likelihood of continuation of dumping, should the measures be repealed. The following additional elements were analysed: the production capacity and spare capacity in Belarus, the relation between export prices to third countries and the price level in the Union, and the attractiveness of the Union market. It is recalled that due to the non-cooperation from the Belarusian exporting producer and the government of Belarus, the analysis was based on facts available in accordance with Article 18 of the basic Regulation, in particular the information provided by the applicant in the request for review and the statistical database Global Trade Atlas (‘GTA’).

4.1.   Production capacity and spare capacity in Belarus

| (42) | The production capacity and spare capacity in Belarus were established on the basis of the information provided in the request. |
| --- | --- |

(42)

The production capacity and spare capacity in Belarus were established on the basis of the information provided in the request.

| (43) | According to the data provided in the request, cross checked with public sources, the production capacity for 2021 in Belarus was estimated at more than 2,6 million tonnes of rebars with a possibility to be increased by 300 thousand additional tonnes, that is 3 million tonnes in total. (7) According to the available data, Belarusian sales amounted to 1,7 million tonnes, of which 700 thousand were consumed domestically and around 1 million were exported. (8) The spare capacity was thus estimated to be more than 900 000 tonnes, which represented more than 8 % of the Union consumption during the RIP. This spare capacity could be used to produce the product under review for exports to the Union if measures were allowed to lapse. |
| --- | --- |

(43)

According to the data provided in the request, cross checked with public sources, the production capacity for 2021 in Belarus was estimated at more than 2,6 million tonnes of rebars with a possibility to be increased by 300 thousand additional tonnes, that is 3 million tonnes in total. (7) According to the available data, Belarusian sales amounted to 1,7 million tonnes, of which 700 thousand were consumed domestically and around 1 million were exported. (8) The spare capacity was thus estimated to be more than 900 000 tonnes, which represented more than 8 % of the Union consumption during the RIP. This spare capacity could be used to produce the product under review for exports to the Union if measures were allowed to lapse.

4.2.   Attractiveness of the Union market

| (44) | Based on the information provided in the request, the rebars industry in Belarus is export oriented as around 85 % of Belarus’ steel production capacity is destined for export. According to the GTA database, the Union market was the main export market for Belarus. Export prices from Belarus to third countries (551 EUR/tonne) were found on average 10 euro per tonne lower compared with the average export sales prices to the Union market and 15 % lower than the average sales prices of the Union producers on the Union market (651 EUR/tonne). Taking into account these price levels, exporting to the Union would be potentially more attractive for Belarusian exporters than exporting to most other markets. Moreover, a large number of export countries (i.e. the USA, Canada, the UK, Türkiye, Ukraine, Malaysia, Mexico, Morocco, the Gulf countries, Egypt, and other countries) became increasingly unavailable to Belarus, due to domestic oversupply and trade measures against Belarusian imports. |
| --- | --- |

(44)

Based on the information provided in the request, the rebars industry in Belarus is export oriented as around 85 % of Belarus’ steel production capacity is destined for export. According to the GTA database, the Union market was the main export market for Belarus. Export prices from Belarus to third countries (551 EUR/tonne) were found on average 10 euro per tonne lower compared with the average export sales prices to the Union market and 15 % lower than the average sales prices of the Union producers on the Union market (651 EUR/tonne). Taking into account these price levels, exporting to the Union would be potentially more attractive for Belarusian exporters than exporting to most other markets. Moreover, a large number of export countries (i.e. the USA, Canada, the UK, Türkiye, Ukraine, Malaysia, Mexico, Morocco, the Gulf countries, Egypt, and other countries) became increasingly unavailable to Belarus, due to domestic oversupply and trade measures against Belarusian imports.

| (45) | The Union market was also attractive for the Belarusian producer in view of its geographical proximity and its size, with a total consumption of around 11 million tonnes. |
| --- | --- |

(45)

The Union market was also attractive for the Belarusian producer in view of its geographical proximity and its size, with a total consumption of around 11 million tonnes.

| (46) | Therefore, in terms size, prices and proximity, the Union market remained attractive for the Belarusian exporting producer vis-à-vis other markets.. |
| --- | --- |

(46)

Therefore, in terms size, prices and proximity, the Union market remained attractive for the Belarusian exporting producer vis-à-vis other markets..

4.3.   Impact of sanctions against Belarus

| (47) | The Commission noted that due to the military aggression by the Russian Federation against Ukraine, the Union imposed successive packages of sanctions against Russia and Belarus which also affected steel products and/or the steel companies producing and exporting the product under review after the review investigation period. Since the imposition of sanctions in March 2022, imports from Belarus stopped as from June 2022. However, the current situation cannot be considered of a lasting nature. Indeed, given that those sanctions are linked to the military aggression and the underlying geopolitical situation, their scope, modulation, and/or duration are unpredictable. Furthermore, anti-dumping measures have a lifetime of five years. Considering the abovementioned uncertainties and the fact that the Council may further amend the precise scope and duration of sanctions at any moment, the Commission found that they cannot have a bearing in its conclusions in this investigation. In particular, the Commission found that despite of the current sanctions, measures were still necessary within the meaning of Article 11(1) and (2) of the basic Regulation. |
| --- | --- |

(47)

The Commission noted that due to the military aggression by the Russian Federation against Ukraine, the Union imposed successive packages of sanctions against Russia and Belarus which also affected steel products and/or the steel companies producing and exporting the product under review after the review investigation period. Since the imposition of sanctions in March 2022, imports from Belarus stopped as from June 2022. However, the current situation cannot be considered of a lasting nature. Indeed, given that those sanctions are linked to the military aggression and the underlying geopolitical situation, their scope, modulation, and/or duration are unpredictable. Furthermore, anti-dumping measures have a lifetime of five years. Considering the abovementioned uncertainties and the fact that the Council may further amend the precise scope and duration of sanctions at any moment, the Commission found that they cannot have a bearing in its conclusions in this investigation. In particular, the Commission found that despite of the current sanctions, measures were still necessary within the meaning of Article 11(1) and (2) of the basic Regulation.

4.4.   Conclusion on the likelihood of continuation of dumping

| (48) | The investigation showed that the imports from Belarus continued to enter the Union market at dumped prices during the RIP. |
| --- | --- |

(48)

The investigation showed that the imports from Belarus continued to enter the Union market at dumped prices during the RIP.

| (49) | In addition, the spare capacity in Belarus was significant in comparison with the Union consumption during the RIP. Moreover, the attractiveness of the Union market in terms of size and prices pointed to the likelihood that Belarusian exports would be directed towards the Union market, should the measures lapse, and spare capacity would also be used to increase production and exports to the Union. |
| --- | --- |

(49)

In addition, the spare capacity in Belarus was significant in comparison with the Union consumption during the RIP. Moreover, the attractiveness of the Union market in terms of size and prices pointed to the likelihood that Belarusian exports would be directed towards the Union market, should the measures lapse, and spare capacity would also be used to increase production and exports to the Union.

| (50) | Consequently, the Commission concluded that there was a likelihood that the expiry of the anti-dumping measures would result in a significant increase of dumped imports of the product under review from Belarus to the Union. |
| --- | --- |

(50)

Consequently, the Commission concluded that there was a likelihood that the expiry of the anti-dumping measures would result in a significant increase of dumped imports of the product under review from Belarus to the Union.

| (51) | In the light of the above, the Commission concluded that the expiry of the anti-dumping measures would likely to lead to a continuation of dumping. |
| --- | --- |

(51)

In the light of the above, the Commission concluded that the expiry of the anti-dumping measures would likely to lead to a continuation of dumping.

5.   INJURY

5.1.   Definition of the Union industry and Union production

| (52) | The like product was manufactured by around 25 producers in the Union during the period considered. They constitute the ‘Union industry’ within the meaning of Article 4(1) of the basic Regulation. |
| --- | --- |

(52)

The like product was manufactured by around 25 producers in the Union during the period considered. They constitute the ‘Union industry’ within the meaning of Article 4(1) of the basic Regulation.

| (53) | The total Union production during the RIP was established at around 11 200 000 tonnes. The Commission established the figure on the basis of the reply to the macroeconomic questionnaire provided by the applicant. As indicated in recital (14) above, three Union producers were selected in the sample, representing more than 17 % of the total Union production of the like product. |
| --- | --- |

(53)

The total Union production during the RIP was established at around 11 200 000 tonnes. The Commission established the figure on the basis of the reply to the macroeconomic questionnaire provided by the applicant. As indicated in recital (14) above, three Union producers were selected in the sample, representing more than 17 % of the total Union production of the like product.

5.2.   Union consumption

| (54) | The Commission established the Union consumption on the basis of the total sales volume of the Union industry on the Union market, plus total imports into the Union. Sales of the Union industry in the Union market were obtained from the applicant and adjusted where applicable in accordance with verified data provided in the replies of the sampled Union producers for the RIP. As regards imports, the Commission relied on the Article 14(6) database. |
| --- | --- |

(54)

The Commission established the Union consumption on the basis of the total sales volume of the Union industry on the Union market, plus total imports into the Union. Sales of the Union industry in the Union market were obtained from the applicant and adjusted where applicable in accordance with verified data provided in the replies of the sampled Union producers for the RIP. As regards imports, the Commission relied on the Article 14(6) database.

| (55) | On this basis Union consumption developed as follows:

  Table 1


  Union consumption | 2018 | 2019 | 2020 | Review Investigation period |
| --- | --- | --- | --- | --- | --- |
| Total Union consumption (tonnes) | 10 297 042 | 10 821 698 | 10 411 261 | 11 116 688 |
| Index (2018 = 100) | 100 | 105 | 101 | 108 |
| Source: | Article 14(6) database and questionnaire replies. |

(55)

On this basis Union consumption developed as follows:

Table 1

Union consumption

2018

2019

2020

Review Investigation period

Total Union consumption (tonnes)

10 297 042

10 821 698

10 411 261

11 116 688

Index (2018 = 100)

100

105

101

108

Source:

Article 14(6) database and questionnaire replies.

| (56) | Union consumption increased between years 2018 and 2019 by 5 %, slightly decreased in 2020 to further increase in the RIP. Fluctuations in the consumption during 2020 and the RIP were the result of the outbreak of the COVID-19 resulting in the reduction of activity of economic operators, resulting in a decrease of consumption, followed by the resumption of economic activities. |
| --- | --- |

(56)

Union consumption increased between years 2018 and 2019 by 5 %, slightly decreased in 2020 to further increase in the RIP. Fluctuations in the consumption during 2020 and the RIP were the result of the outbreak of the COVID-19 resulting in the reduction of activity of economic operators, resulting in a decrease of consumption, followed by the resumption of economic activities.

| (57) | Union consumption increased overall by 8 % over the period considered. |
| --- | --- |

(57)

Union consumption increased overall by 8 % over the period considered.

5.3.   Imports from the country concerned

5.3.1.   Volume and market share of the imports from the country concerned

| (58) | The Commission established the volume of imports on the basis of the Article 14(6) database. The market share of the imports was established on the basis of the share of these imports in the total Union consumption as set out in section 5.2. |
| --- | --- |

(58)

The Commission established the volume of imports on the basis of the Article 14(6) database. The market share of the imports was established on the basis of the share of these imports in the total Union consumption as set out in section 5.2.

| (59) | Imports into the Union from the country concerned developed as follows:

  Table 2


  Import volume and market share | 2018 | 2019 | 2020 | Review Investigation period |
| --- | --- | --- | --- | --- | --- |
| Volume of imports from Belarus (tonnes) | [72 000 – 80 000 ] | [80 000 – 90 000 ] | [125 000 – 140 000 ] | [200 000 – 210 000 ] |
| Index (2018 = 100) | 100 | 107 | 172 | 268 |
| Market share (%) | 0,6  – 0,8 | 0,7 – 0,9 | 1 – 1,5 | 1,8 – 2,1 |
| Index (2018 = 100) | 100 | 102 | 170 | 248 |
| Source: | Article 14(6) database and questionnaire replies. |

(59)

Imports into the Union from the country concerned developed as follows:

Table 2

Import volume and market share

2018

2019

2020

Review Investigation period

Volume of imports from Belarus (tonnes)

[72 000 – 80 000 ]

[80 000 – 90 000 ]

[125 000 – 140 000 ]

[200 000 – 210 000 ]

Index (2018 = 100)

100

107

172

268

Market share (%)

0,6  – 0,8

0,7 – 0,9

1 – 1,5

1,8 – 2,1

Index (2018 = 100)

100

102

170

248

Source:

Article 14(6) database and questionnaire replies.

| (60) | Imports of the product under review from Belarus more than doubled over the period considered, from 72 000 – 80 000 tonnes in 2018 to 200 000 – 210 000 tonnes in the RIP. The market share of the imports from Belarus showed a similar development as the volume of imports and increased significantly every year, from 0,6 % – 0,8 % in 2018 to 1,8 % – 2,1 % in the RIP. |
| --- | --- |

(60)

Imports of the product under review from Belarus more than doubled over the period considered, from 72 000 – 80 000 tonnes in 2018 to 200 000 – 210 000 tonnes in the RIP. The market share of the imports from Belarus showed a similar development as the volume of imports and increased significantly every year, from 0,6 % – 0,8 % in 2018 to 1,8 % – 2,1 % in the RIP.

5.3.2.   Average import prices from Belarus

| (61) | The Commission established the prices of imports on the basis of Article 14(6) database. |
| --- | --- |

(61)

The Commission established the prices of imports on the basis of Article 14(6) database.

| (62) | The weighted average price of imports into the Union from Belarus developed as follows:

  Table 3


  Import prices | 2018 | 2019 | 2020 | Review Investigation period |
| --- | --- | --- | --- | --- | --- |
| Belarus (EUR/tonne) | 420 – 440 | 400 – 420 | 345 – 365 | 540 – 570 |
| Index (2018 = 100) | 100 | 93 | 82 | 128 |
| Source: | Article 14(6) database. |

(62)

The weighted average price of imports into the Union from Belarus developed as follows:

Table 3

Import prices

2018

2019

2020

Review Investigation period

Belarus (EUR/tonne)

420 – 440

400 – 420

345 – 365

540 – 570

Index (2018 = 100)

100

93

82

128

Source:

Article 14(6) database.

| (63) | The average prices of imports decreased from 420 – 440 EUR/tonne in 2018 to 345 – 365 EUR/tonne in 2020, but subsequently increased to 550 – 570 EUR/tonne in the RIP. Overall, the increase between 2018 and the RIP was 28 %, representing a price increase of 120 – 130 EUR per tonne. This overall price increase was in line with the general rebar price trend in the Union market. |
| --- | --- |

(63)

The average prices of imports decreased from 420 – 440 EUR/tonne in 2018 to 345 – 365 EUR/tonne in 2020, but subsequently increased to 550 – 570 EUR/tonne in the RIP. Overall, the increase between 2018 and the RIP was 28 %, representing a price increase of 120 – 130 EUR per tonne. This overall price increase was in line with the general rebar price trend in the Union market.

| (64) | However, the average import price from Belarus, at CIF level, during the entire period considered was lower than Union producers’ unit cost as described below in Section 5.5.3.1 below. |
| --- | --- |

(64)

However, the average import price from Belarus, at CIF level, during the entire period considered was lower than Union producers’ unit cost as described below in Section 5.5.3.1 below.

5.3.3.   Price undercutting

| (65) | The Commission determined the price undercutting during the RIP by comparing the weighted average import price on a cost, insurance, freight (‘CIF’) basis, adjusted for post-importation costs (9) (including the anti-dumping duty) with the weighted average sales price, adjusted at an ex-works level, of the sampled Union producers charged to unrelated customers in the Union. |
| --- | --- |

(65)

The Commission determined the price undercutting during the RIP by comparing the weighted average import price on a cost, insurance, freight (‘CIF’) basis, adjusted for post-importation costs (9) (including the anti-dumping duty) with the weighted average sales price, adjusted at an ex-works level, of the sampled Union producers charged to unrelated customers in the Union.

| (66) | The result of the comparison was expressed as a percentage of the sampled Union producers’ turnover during the RIP and showed that the Belarus import prices undercut the prices of the Union industry by 2,5 % – 3 %. Excluding the anti-dumping duty, the Commission established an undercutting at a level of 11,8 % – 12 %. |
| --- | --- |

(66)

The result of the comparison was expressed as a percentage of the sampled Union producers’ turnover during the RIP and showed that the Belarus import prices undercut the prices of the Union industry by 2,5 % – 3 %. Excluding the anti-dumping duty, the Commission established an undercutting at a level of 11,8 % – 12 %.

5.4.   Imports from third countries other than Belarus

| (67) | The imports of rebars from third countries other than Belarus were mainly from Norway, Russia and Türkiye. |
| --- | --- |

(67)

The imports of rebars from third countries other than Belarus were mainly from Norway, Russia and Türkiye.

| (68) | The aggregated volume of imports into the Union as well as the market share and price trends for imports of rebars from other third countries developed as follows:

  Table 4


  Import volume and market share from other third countries











  Country | | 2018 | 2019 | 2020 | Review Investigation period |
| --- | --- | --- | --- | --- | --- | --- |
| Norway | Volume (tonnes) | 91 685 | 91 068 | 150 285 | 148 780 |
| Index (2018 = 100) | 100 | 99 | 164 | 162 |
| Market share (%) | 0,9 | 0,8 | 1,4 | 1,3 |
| Average price (EUR/tonne) | 538 | 492 | 448 | 705 |
| Index (2018 = 100) | 100 | 92 | 83 | 131 |
| Türkiye | Volume (tonnes) | 212 854 | 142 755 | 38 735 | 63 558 |
| Index (2018 = 100) | 100 | 67 | 18 | 30 |
| Market share (%) | 2,1 | 1,3 | 0,4 | 0,6 |
| Average price (EUR/tonne) | 481 | 458 | 381 | 488 |
| Index (2018 = 100) | 100 | 95 | 79 | 102 |
| Russia | Volume (tonnes) | 254 438 | 125 522 | 25 269 | 37 237 |
| Index (2018 = 100) | 100 | 49 | 10 | 15 |
| Market share (%) | 2,5 | 1,2 | 0,2 | 0,3 |
| Average price (EUR/tonne) | 503 | 464 | 414 | 625 |
| Index (2018 = 100) | 100 | 92 | 82 | 124 |
| Other third countries | Volume (tonnes) | 190 092 | 129 870 | 44 444 | 206 013 |
| Index (2018 = 100) | 100 | 68 | 23 | 108 |
| Market share (%) | 1,8 | 1,2 | 0,4 | 1,9 |
| Average price (EUR/tonne) | 812 | 476 | 441 | 691 |
| Index (2018 = 100) | 100 | 59 | 54 | 85 |
| Total of all third countries excluding Belarus | Volume (tonnes) | 749 069 | 489 216 | 258 732 | 455 588 |
| Index (2018 = 100) | 100 | 65 | 35 | 61 |
| Market share (%) | 7,3 | 4,5 | 2,5 | 4,1 |
| Average price (EUR/tonne) | 579 | 471 | 434 | 662 |
| Index (2018 = 100) | 100 | 81 | 75 | 114 |
| Source: | Article 14(6) database and questionnaire replies. |

(68)

The aggregated volume of imports into the Union as well as the market share and price trends for imports of rebars from other third countries developed as follows:

Table 4

Import volume and market share from other third countries

Country

2018

2019

2020

Review Investigation period

Norway

Volume (tonnes)

91 685

91 068

150 285

148 780

Index (2018 = 100)

100

99

164

162

Market share (%)

0,9

0,8

1,4

1,3

Average price (EUR/tonne)

538

492

448

705

Index (2018 = 100)

100

92

83

131

Türkiye

Volume (tonnes)

212 854

142 755

38 735

63 558

Index (2018 = 100)

100

67

18

30

Market share (%)

2,1

1,3

0,4

0,6

Average price (EUR/tonne)

481

458

381

488

Index (2018 = 100)

100

95

79

102

Russia

Volume (tonnes)

254 438

125 522

25 269

37 237

Index (2018 = 100)

100

49

10

15

Market share (%)

2,5

1,2

0,2

0,3

Average price (EUR/tonne)

503

464

414

625

Index (2018 = 100)

100

92

82

124

Other third countries

Volume (tonnes)

190 092

129 870

44 444

206 013

Index (2018 = 100)

100

68

23

108

Market share (%)

1,8

1,2

0,4

1,9

Average price (EUR/tonne)

812

476

441

691

Index (2018 = 100)

100

59

54

85

Total of all third countries excluding Belarus

Volume (tonnes)

749 069

489 216

258 732

455 588

Index (2018 = 100)

100

65

35

61

Market share (%)

7,3

4,5

2,5

4,1

Average price (EUR/tonne)

579

471

434

662

Index (2018 = 100)

100

81

75

114

Source:

Article 14(6) database and questionnaire replies.

| (69) | During the RIP, the market share of imports from third countries other than Belarus represented 4,1 % of the Union consumption. The import volume decreased substantially in 2020 and increased during the RIP, but did not reach the level of 2019, resulting in an overall decrease in their market share of 3,2 percentage points in the period considered. The average import price increased by 14 % during the period considered. During the RIP, the average import price from third countries other than Belarus was higher compared to the Union industry’s average price (+ 2 %) and higher compared to the average import price from Belarus (+ 17 % – 20 %). |
| --- | --- |

(69)

During the RIP, the market share of imports from third countries other than Belarus represented 4,1 % of the Union consumption. The import volume decreased substantially in 2020 and increased during the RIP, but did not reach the level of 2019, resulting in an overall decrease in their market share of 3,2 percentage points in the period considered. The average import price increased by 14 % during the period considered. During the RIP, the average import price from third countries other than Belarus was higher compared to the Union industry’s average price (+ 2 %) and higher compared to the average import price from Belarus (+ 17 % – 20 %).

5.5.   Economic situation of the Union industry

5.5.1.   General remarks

| (70) | The assessment of the economic situation of the Union industry included an evaluation of all economic indicators having a bearing on the state of the Union industry during the period considered. |
| --- | --- |

(70)

The assessment of the economic situation of the Union industry included an evaluation of all economic indicators having a bearing on the state of the Union industry during the period considered.

| (71) | As mentioned in recital (14), sampling was used for the assessment of the economic situation of the Union industry. |
| --- | --- |

(71)

As mentioned in recital (14), sampling was used for the assessment of the economic situation of the Union industry.

| (72) | For the injury determination, the Commission distinguished between macroeconomic and microeconomic injury indicators. The Commission evaluated the macroeconomic indicators on the basis of the macroeconomic data provided by the Union producers’ association and data relating to all Union producers contained in the verified questionnaire replies from the sampled Union producers. The Commission evaluated the microeconomic indicators on the basis of data contained in the questionnaire replies from the sampled Union producers. Both sets of data were found to be representative of the economic situation of the Union industry. |
| --- | --- |

(72)

For the injury determination, the Commission distinguished between macroeconomic and microeconomic injury indicators. The Commission evaluated the macroeconomic indicators on the basis of the macroeconomic data provided by the Union producers’ association and data relating to all Union producers contained in the verified questionnaire replies from the sampled Union producers. The Commission evaluated the microeconomic indicators on the basis of data contained in the questionnaire replies from the sampled Union producers. Both sets of data were found to be representative of the economic situation of the Union industry.

| (73) | The macroeconomic indicators are: production, production capacity, capacity utilisation, sales volume, market share, growth, employment, productivity, magnitude of the dumping margin, and recovery from past dumping. |
| --- | --- |

(73)

The macroeconomic indicators are: production, production capacity, capacity utilisation, sales volume, market share, growth, employment, productivity, magnitude of the dumping margin, and recovery from past dumping.

| (74) | The microeconomic indicators are: average unit prices, unit cost, labour costs, inventories, profitability, cash flow, investments, return on investments, and ability to raise capital. |
| --- | --- |

(74)

The microeconomic indicators are: average unit prices, unit cost, labour costs, inventories, profitability, cash flow, investments, return on investments, and ability to raise capital.

5.5.2.   Macroeconomic indicators

5.5.2.1.   Production, production capacity and capacity utilisation

| (75) | The total Union production, production capacity and capacity utilisation developed over the period considered as follows:

  Table 5


  Production, production capacity and capacity utilisation | 2018 | 2019 | 2020 | Review Investigation period |
| --- | --- | --- | --- | --- | --- |
| Production volume (tonnes) | 11 029 000 | 11 814 000 | 11 204 000 | 11 201 000 |
| Index (2018 = 100) | 100 | 107 | 102 | 102 |
| Production capacity (tonnes) | 16 468 495 | 17 472 690 | 17 576 838 | 17 350 801 |
| Index (2018 = 100) | 100 | 106 | 107 | 105 |
| Capacity utilisation (%) | 67 | 68 | 64 | 65 |
| Index (2018 = 100) | 100 | 101 | 95 | 96 |
| Source: | Verified data provided by the Union producers’ association. |

(75)

The total Union production, production capacity and capacity utilisation developed over the period considered as follows:

Table 5

Production, production capacity and capacity utilisation

2018

2019

2020

Review Investigation period

Production volume (tonnes)

11 029 000

11 814 000

11 204 000

11 201 000

Index (2018 = 100)

100

107

102

102

Production capacity (tonnes)

16 468 495

17 472 690

17 576 838

17 350 801

Index (2018 = 100)

100

106

107

105

Capacity utilisation (%)

67

68

64

65

Index (2018 = 100)

100

101

95

96

Source:

Verified data provided by the Union producers’ association.

| (76) | Overall, the production volume of the Union industry increased by 2 % during the period considered. The production volume increased by 7 % between 2018 and 2019. During the COVID-19 pandemic in 2020, the production decreased by 5 % in comparison to 2019 and remained the same in the RIP. |
| --- | --- |

(76)

Overall, the production volume of the Union industry increased by 2 % during the period considered. The production volume increased by 7 % between 2018 and 2019. During the COVID-19 pandemic in 2020, the production decreased by 5 % in comparison to 2019 and remained the same in the RIP.

| (77) | The production capacity of the Union industry increased by 5 % during the period considered. The capacity utilisation decreased from 67 % in 2018 to 65 % in the RIP. |
| --- | --- |

(77)

The production capacity of the Union industry increased by 5 % during the period considered. The capacity utilisation decreased from 67 % in 2018 to 65 % in the RIP.

5.5.2.2.   Sales volume and market share

| (78) | The Union industry’s sales volume and market share developed over the period considered as follows:

  Table 6


  Sales volume and market share | 2018 | 2019 | 2020 | Review Investigation period |
| --- | --- | --- | --- | --- | --- |
| Total Sales volume on the Union market (tonnes) | 9 517 192 | 10 293 817 | 10 054 658 | 10 507 529 |
| Index (2018 = 100) | 100 | 108 | 106 | 110 |
| Market share (%) | 92 | 95 | 96 | 94 |
| Index (2018 = 100) | 100 | 103 | 105 | 102 |
| Source: | Article14(6) database and verified data provided by the Union producers’ association. |

(78)

The Union industry’s sales volume and market share developed over the period considered as follows:

Table 6

Sales volume and market share

2018

2019

2020

Review Investigation period

Total Sales volume on the Union market (tonnes)

9 517 192

10 293 817

10 054 658

10 507 529

Index (2018 = 100)

100

108

106

110

Market share (%)

92

95

96

94

Index (2018 = 100)

100

103

105

102

Source:

Article14(6) database and verified data provided by the Union producers’ association.

| (79) | The sales volume of the Union industry on the Union market increased by 10 % during the period considered. It increased by 8 % between 2018 and 2019 and then slightly dropped by 2 % in 2020, to further increase by 4 % during the RIP. |
| --- | --- |

(79)

The sales volume of the Union industry on the Union market increased by 10 % during the period considered. It increased by 8 % between 2018 and 2019 and then slightly dropped by 2 % in 2020, to further increase by 4 % during the RIP.

| (80) | The market share of the Union industry slightly increased by 2 % during the period considered. It increased by 5 % between 2018 and 2020, but decreased during the RIP. |
| --- | --- |

(80)

The market share of the Union industry slightly increased by 2 % during the period considered. It increased by 5 % between 2018 and 2020, but decreased during the RIP.

5.5.2.3.   Growth

| (81) | The growth in consumption in the Union was 8 % during the period considered. The Union industry benefited from this increase in consumption and even slightly increased its market share by 2 % during the period considered. |
| --- | --- |

(81)

The growth in consumption in the Union was 8 % during the period considered. The Union industry benefited from this increase in consumption and even slightly increased its market share by 2 % during the period considered.

5.5.2.4.   Employment and productivity

| (82) | Employment and productivity developed over the period considered as follows:

  Table 7


  Employment and productivity | 2018 | 2019 | 2020 | Review Investigation period |
| --- | --- | --- | --- | --- | --- |
| Number of employees | 5 507 | 6 159 | 5 999 | 5 557 |
| Index (2018 = 100) | 100 | 112 | 109 | 101 |
| Productivity (tonne/employee) | 2 002 | 1 918 | 1 867 | 2 015 |
| Index (2018 = 100) | 100 | 96 | 93 | 101 |
| Source: | Verified data provided by the Union producers’ association. |

(82)

Employment and productivity developed over the period considered as follows:

Table 7

Employment and productivity

2018

2019

2020

Review Investigation period

Number of employees

5 507

6 159

5 999

5 557

Index (2018 = 100)

100

112

109

101

Productivity (tonne/employee)

2 002

1 918

1 867

2 015

Index (2018 = 100)

100

96

93

101

Source:

Verified data provided by the Union producers’ association.

| (83) | The number of employees fluctuated during the period considered. It increased from 2018 to 2019 by 12 % and then gradually decreased in 2020 and the RIP to a level slightly above the 2018 level. Productivity decreased from 2018 to 2020 by 7 % and increased by 8 % from 2020 to the RIP. During the period considered, productivity increased by 1 %. |
| --- | --- |

(83)

The number of employees fluctuated during the period considered. It increased from 2018 to 2019 by 12 % and then gradually decreased in 2020 and the RIP to a level slightly above the 2018 level. Productivity decreased from 2018 to 2020 by 7 % and increased by 8 % from 2020 to the RIP. During the period considered, productivity increased by 1 %.

5.5.2.5.   Magnitude of the dumping margin and recovery from past dumping

| (84) | The dumping margin established during the review investigation period was significantly above the de minimis level, while the level of imports from Belarus during the review investigation period was 1,9 % of Union consumption. |
| --- | --- |

(84)

The dumping margin established during the review investigation period was significantly above the de minimis level, while the level of imports from Belarus during the review investigation period was 1,9 % of Union consumption.

5.5.3.   Microeconomic indicators

5.5.3.1.   Prices and factors affecting prices

| (85) | The weighted average unit sales prices of the sampled Union producers to unrelated customers in the Union developed over the period considered as follows:

  Table 8


  Sales prices and cost of production in the Union | 2018 | 2019 | 2020 | Review Investigation period |
| --- | --- | --- | --- | --- | --- |
| Average unit sales price in the Union (EUR/tonne) | 508 | 469 | 424 | 651 |
| Index (2018 = 100) | 100 | 92 | 83 | 128 |
| Unit cost of production | 477 | 438 | 410 | 578 |
| Index (2018 = 100) | 100 | 92 | 86 | 121 |
| Source: | Verified questionnaire replies of the sampled Union producers. |

(85)

The weighted average unit sales prices of the sampled Union producers to unrelated customers in the Union developed over the period considered as follows:

Table 8

Sales prices and cost of production in the Union

2018

2019

2020

Review Investigation period

Average unit sales price in the Union (EUR/tonne)

508

469

424

651

Index (2018 = 100)

100

92

83

128

Unit cost of production

477

438

410

578

Index (2018 = 100)

100

92

86

121

Source:

Verified questionnaire replies of the sampled Union producers.

| (86) | The Union industry’s average unit sales price to unrelated customers decreased by 17 % between 2018 and 2020, reflecting the decrease of the unit cost of production. In the RIP, the price increased by 45 % in relation to 2020. The price increase was driven by an increase in the unit cost of production and an increase in demand following the recovery after the COVID-19 pandemic. |
| --- | --- |

(86)

The Union industry’s average unit sales price to unrelated customers decreased by 17 % between 2018 and 2020, reflecting the decrease of the unit cost of production. In the RIP, the price increased by 45 % in relation to 2020. The price increase was driven by an increase in the unit cost of production and an increase in demand following the recovery after the COVID-19 pandemic.

| (87) | Current anti-dumping duties allowed the Union industry to remain competitive with the current level of prices, since, as explained in recital (64), during the entire period considered Union producers’ unit costs were higher than the average import price from Belarus. |
| --- | --- |

(87)

Current anti-dumping duties allowed the Union industry to remain competitive with the current level of prices, since, as explained in recital (64), during the entire period considered Union producers’ unit costs were higher than the average import price from Belarus.

5.5.3.2.   Labour costs

| (88) | The average labour costs of the sampled Union producers developed over the period considered as follows:

  Table 9


  Average labour costs per employee | 2018 | 2019 | 2020 | Review Investigation period |
| --- | --- | --- | --- | --- | --- |
| Average labour costs per employee (EUR) | 41 477 | 41 434 | 40 137 | 42 622 |
| Index (2018 = 100) | 100 | 100 | 97 | 103 |
| Source: | Verified questionnaire replies of the sampled Union producers. |

(88)

The average labour costs of the sampled Union producers developed over the period considered as follows:

Table 9

Average labour costs per employee

2018

2019

2020

Review Investigation period

Average labour costs per employee (EUR)

41 477

41 434

40 137

42 622

Index (2018 = 100)

100

100

97

103

Source:

Verified questionnaire replies of the sampled Union producers.

| (89) | The average labour cost per employee of the Union industry increased by 3 % during the period considered, with a temporary decrease by 3 % in 2020, mainly because of production shutdowns due to the COVID-19 pandemic. |
| --- | --- |

(89)

The average labour cost per employee of the Union industry increased by 3 % during the period considered, with a temporary decrease by 3 % in 2020, mainly because of production shutdowns due to the COVID-19 pandemic.

5.5.3.3.   Inventories

| (90) | Stock levels of the sampled Union producers developed over the period considered as follows:

  Table 10


  Inventories | 2018 | 2019 | 2020 | Review Investigation period |
| --- | --- | --- | --- | --- | --- |
| Closing stocks (tonnes) | 186 048 | 181 490 | 170 626 | 193 376 |
| Index (2018 = 100) | 100 | 98 | 92 | 104 |
| Closing stocks as a percentage of production | 10,2 | 9,6 | 9,6 | 9,7 |
| Index (2018 = 100) | 100 | 94 | 93 | 95 |
| Source: | Verified questionnaire replies of the sampled Union producers. |

(90)

Stock levels of the sampled Union producers developed over the period considered as follows:

Table 10

Inventories

2018

2019

2020

Review Investigation period

Closing stocks (tonnes)

186 048

181 490

170 626

193 376

Index (2018 = 100)

100

98

92

104

Closing stocks as a percentage of production

10,2

9,6

9,6

9,7

Index (2018 = 100)

100

94

93

95

Source:

Verified questionnaire replies of the sampled Union producers.

| (91) | Inventories increased by 4 % during the period considered. |
| --- | --- |

(91)

Inventories increased by 4 % during the period considered.

5.5.3.4.   Profitability, cash flow, investments, return on investments and ability to raise capital

| (92) | Profitability, cash flow, investments and return on investments of the sampled Union producers developed over the period considered as follows:

  Table 11


  Profitability, cash flow, investments and return on investments | 2018 | 2019 | 2020 | Review Investigation period |
| --- | --- | --- | --- | --- | --- |
| Profitability of sales in the Union to unrelated customers (% of sales turnover) | 8,4 | 5,0 | 4,9 | 15,3 |
| Index (2018 = 100) | 100 | 60 | 58 | 183 |
| Cash flow (EUR) | 77 870 905 | 63 476 067 | 41 354 068 | 109 174 968 |
| Index (2018 = 100) | 100 | 82 | 53 | 140 |
| Investments (EUR) | 21 227 319 | 15 647 296 | 17 870 081 | 18 838 367 |
| Index (2018 = 100) | 100 | 74 | 84 | 89 |
| Return on investments (%) | 102 | 69 | 51 | 215 |
| Index (2018 = 100) | 100 | 68 | 50 | 211 |
| Source: | Verified questionnaire replies of the sampled Union producers. |

(92)

Profitability, cash flow, investments and return on investments of the sampled Union producers developed over the period considered as follows:

Table 11

Profitability, cash flow, investments and return on investments

2018

2019

2020

Review Investigation period

Profitability of sales in the Union to unrelated customers (% of sales turnover)

8,4

5,0

4,9

15,3

Index (2018 = 100)

100

60

58

183

Cash flow (EUR)

77 870 905

63 476 067

41 354 068

109 174 968

Index (2018 = 100)

100

82

53

140

Investments (EUR)

21 227 319

15 647 296

17 870 081

18 838 367

Index (2018 = 100)

100

74

84

89

Return on investments (%)

102

69

51

215

Index (2018 = 100)

100

68

50

211

Source:

Verified questionnaire replies of the sampled Union producers.

| (93) | The Commission established the profitability of the sampled Union producers by expressing the pre-tax net profit of the sales of the like product to unrelated customers in the Union as a percentage of the turnover of those sales. The profitability of the Union industry decreased between 2018 and 2020 from 8,4 % to 4,9 %, followed by a sharp increase between 2020 and the RIP to reach 15,3 %. During the RIP the increase in demand, explained by the post COVID-19 economic recovery, allowed the industry to increase its prices at higher rate than the increase of cost of production, which resulted in an increased profitability. The anti-dumping duties in place allowed the Union industry to return to a healthy business situation. Throughout the period considered the profitability of the sampled Union producers was higher than the target profit established during the original investigation (4,8 %). |
| --- | --- |

(93)

The Commission established the profitability of the sampled Union producers by expressing the pre-tax net profit of the sales of the like product to unrelated customers in the Union as a percentage of the turnover of those sales. The profitability of the Union industry decreased between 2018 and 2020 from 8,4 % to 4,9 %, followed by a sharp increase between 2020 and the RIP to reach 15,3 %. During the RIP the increase in demand, explained by the post COVID-19 economic recovery, allowed the industry to increase its prices at higher rate than the increase of cost of production, which resulted in an increased profitability. The anti-dumping duties in place allowed the Union industry to return to a healthy business situation. Throughout the period considered the profitability of the sampled Union producers was higher than the target profit established during the original investigation (4,8 %).

| (94) | The investigation showed that the RIP was characterised by exceptional circumstances, linked to the outbreak of the COVID-19 pandemic, followed by a fast economic recovery. In particular in 2020, the Union rebar market saw a great perturbation due to COVID, with exceptional volatilities. During the first half of 2020 production was temporarily stopped given the lack of orders. At a later stage, in the second half of 2020 and in the RIP, the profitability of Union rebar producers improved, as demand continued to recover faster than expected. In this regard, the improvement in Union producers’ profitability during the RIP was likely of a temporary nature, as it was mainly due to an exceptionally fast and strong increase of demand which led to higher price levels. |
| --- | --- |

(94)

The investigation showed that the RIP was characterised by exceptional circumstances, linked to the outbreak of the COVID-19 pandemic, followed by a fast economic recovery. In particular in 2020, the Union rebar market saw a great perturbation due to COVID, with exceptional volatilities. During the first half of 2020 production was temporarily stopped given the lack of orders. At a later stage, in the second half of 2020 and in the RIP, the profitability of Union rebar producers improved, as demand continued to recover faster than expected. In this regard, the improvement in Union producers’ profitability during the RIP was likely of a temporary nature, as it was mainly due to an exceptionally fast and strong increase of demand which led to higher price levels.

| (95) | The net cash flow is the ability of the Union producers to self-finance their activities. The trend in net cash flow increased by 40 % fuelled by the profitability but at a lower rate, reflecting again the positive effect of the anti-dumping duties and exceptional circumstances in the RIP described in recital (94). |
| --- | --- |

(95)

The net cash flow is the ability of the Union producers to self-finance their activities. The trend in net cash flow increased by 40 % fuelled by the profitability but at a lower rate, reflecting again the positive effect of the anti-dumping duties and exceptional circumstances in the RIP described in recital (94).

| (96) | The level of investment decreased by 11 % over the period considered. |
| --- | --- |

(96)

The level of investment decreased by 11 % over the period considered.

| (97) | The return on investments is the profit in percentage of the net book value of investments. It decreased between 2018 and 2020 from 102 % to 51 % and increased sharply between 2020 and the RIP. Overall, the return on investments more than doubled during the period considered. |
| --- | --- |

(97)

The return on investments is the profit in percentage of the net book value of investments. It decreased between 2018 and 2020 from 102 % to 51 % and increased sharply between 2020 and the RIP. Overall, the return on investments more than doubled during the period considered.

5.6.   Conclusion on injury

| (98) | Most injury indicators, such as Union sales volume, market share, employment, profitability and cash flow developed positively during the period considered. Though the trend of the indicators such as closing stocks and investments was negative during this period, their absolute levels are satisfactory and did thus not indicate a sign of material injury. |
| --- | --- |

(98)

Most injury indicators, such as Union sales volume, market share, employment, profitability and cash flow developed positively during the period considered. Though the trend of the indicators such as closing stocks and investments was negative during this period, their absolute levels are satisfactory and did thus not indicate a sign of material injury.

| (99) | On basis of the above, the Commission concluded that the Union industry has recovered from previous injury and did not suffer material injury within the meaning of Article 3(5) of the basic Regulation during the RIP. |
| --- | --- |

(99)

On basis of the above, the Commission concluded that the Union industry has recovered from previous injury and did not suffer material injury within the meaning of Article 3(5) of the basic Regulation during the RIP.

6.   LIKELIHOOD OF RECURRENCE OF INJURY

| (100) | The Commission concluded in recital (99) that the Union industry did not suffer material injury during the RIP. Therefore, the Commission assessed, in accordance with Article 11(2) of the basic Regulation, whether there would be a likelihood of recurrence of injury caused by the dumped imports from Belarus if the measures were allowed to lapse. |
| --- | --- |

(100)

The Commission concluded in recital (99) that the Union industry did not suffer material injury during the RIP. Therefore, the Commission assessed, in accordance with Article 11(2) of the basic Regulation, whether there would be a likelihood of recurrence of injury caused by the dumped imports from Belarus if the measures were allowed to lapse.

| (101) | In order to establish whether there is a likelihood of recurrence of injury originally caused by the dumped imports from the country concerned, the Commission examined: (i) the production capacity and spare capacity in Belarus; and (ii) likely price levels of imports from Belarus and their impact on the Union industry’s situation, should the measures be allowed to lapse. |
| --- | --- |

(101)

In order to establish whether there is a likelihood of recurrence of injury originally caused by the dumped imports from the country concerned, the Commission examined: (i) the production capacity and spare capacity in Belarus; and (ii) likely price levels of imports from Belarus and their impact on the Union industry’s situation, should the measures be allowed to lapse.

6.1.   Production capacity and spare capacity in Belarus

| (102) | As indicated in recital (49) above, the spare capacity in Belarus was estimated to be more than 900 000 tonnes, which represented more than 8 % of the Union consumption during the RIP. This spare capacity could be used to supply the Union market if the current measures would be allowed to lapse. |
| --- | --- |

(102)

As indicated in recital (49) above, the spare capacity in Belarus was estimated to be more than 900 000 tonnes, which represented more than 8 % of the Union consumption during the RIP. This spare capacity could be used to supply the Union market if the current measures would be allowed to lapse.

6.2.   Attractiveness of the Union market, likely price levels of imports from Belarus and their impact on the Union industry’s situation should the measures lapse

| (103) | As established in recitals (44) to (46), in terms of size, prices and proximity, the Union market remained attractive to Belarusian exporting producers. |
| --- | --- |

(103)

As established in recitals (44) to (46), in terms of size, prices and proximity, the Union market remained attractive to Belarusian exporting producers.

| (104) | The Commission analysed the price level of Belarusian imports into the Union. The weighted average Belarus import prices, in the absence of anti-dumping duties, were significantly lower than the Union industry prices during the entire period considered. During the RIP imports from Belarus (10) were 13 % to 15 % lower than Union industry prices. Furthermore, as explained in recitals (64) and (87), the price level of Belarusian imports was even lower than the Union production cost. Consequently, it is likely that, should the measures be allowed to lapse, the Union market would become even more attractive for Belarus. |
| --- | --- |

(104)

The Commission analysed the price level of Belarusian imports into the Union. The weighted average Belarus import prices, in the absence of anti-dumping duties, were significantly lower than the Union industry prices during the entire period considered. During the RIP imports from Belarus (10) were 13 % to 15 % lower than Union industry prices. Furthermore, as explained in recitals (64) and (87), the price level of Belarusian imports was even lower than the Union production cost. Consequently, it is likely that, should the measures be allowed to lapse, the Union market would become even more attractive for Belarus.

| (105) | Likewise, in order to assess the impact of future imports on the situation of the Union industry, the Commission also considered that price levels of the Belarusian exports to third markets would be a reasonable indicator of future price levels to the Union market. |
| --- | --- |

(105)

Likewise, in order to assess the impact of future imports on the situation of the Union industry, the Commission also considered that price levels of the Belarusian exports to third markets would be a reasonable indicator of future price levels to the Union market.

| (106) | As set out in recital (44) above, the Commission analysed the price level of Belarusian exports to third markets and found these export prices were significantly lower when compared with the Union industry prices (15 %). Therefore, the Union market, in terms of prices, remains very attractive for Belarusian producers. |
| --- | --- |

(106)

As set out in recital (44) above, the Commission analysed the price level of Belarusian exports to third markets and found these export prices were significantly lower when compared with the Union industry prices (15 %). Therefore, the Union market, in terms of prices, remains very attractive for Belarusian producers.

| (107) | Considering the above, and if confronted with an increase of low priced imports from Belarus, the Union producers, in an attempt to keep sales volumes and market shares, would be forced to reduce their prices. This would have an impact on the industry’s overall profitability which would deteriorate. |
| --- | --- |

(107)

Considering the above, and if confronted with an increase of low priced imports from Belarus, the Union producers, in an attempt to keep sales volumes and market shares, would be forced to reduce their prices. This would have an impact on the industry’s overall profitability which would deteriorate.

| (108) | On the other hand, if the Union industry would keep its current price levels, this would have an almost immediate negative impact on its sale and production volume as well as its market share. Moreover, a decrease in production volume would results in an increase of the item costs of production due to reduced benefits of economy of scale. This would further deteriorate the Union industry’s profitability. With a loss of profitability, the Union industry would not be able to carry out necessary investments. Ultimately, this would also lead to loss of employment and risk of closure of production lines. |
| --- | --- |

(108)

On the other hand, if the Union industry would keep its current price levels, this would have an almost immediate negative impact on its sale and production volume as well as its market share. Moreover, a decrease in production volume would results in an increase of the item costs of production due to reduced benefits of economy of scale. This would further deteriorate the Union industry’s profitability. With a loss of profitability, the Union industry would not be able to carry out necessary investments. Ultimately, this would also lead to loss of employment and risk of closure of production lines.

| (109) | The product under review is affected by the packages of sanctions against Russia and Belarus, however, as mentioned in recital (47), the current situation cannot be considered of a lasting nature. The Commission found that they cannot have a bearing in its conclusions in this investigation. |
| --- | --- |

(109)

The product under review is affected by the packages of sanctions against Russia and Belarus, however, as mentioned in recital (47), the current situation cannot be considered of a lasting nature. The Commission found that they cannot have a bearing in its conclusions in this investigation.

6.3.   Conclusion on likelihood of recurrence of injury

| (110) | On this basis, it was concluded that the absence of measures would in all likelihood result in a significant increase of dumped imports from Belarus at injurious prices and material injury would be likely to recur. |
| --- | --- |

(110)

On this basis, it was concluded that the absence of measures would in all likelihood result in a significant increase of dumped imports from Belarus at injurious prices and material injury would be likely to recur.

7.   UNION INTEREST

| (111) | In accordance with Article 21 of the basic Regulation, the Commission examined whether maintaining the existing anti-dumping measures would be against the interest of the Union as whole. The determination of the Union interest was based on an appreciation of all the various interests involved, including those of the Union industry, importers and users. |
| --- | --- |

(111)

In accordance with Article 21 of the basic Regulation, the Commission examined whether maintaining the existing anti-dumping measures would be against the interest of the Union as whole. The determination of the Union interest was based on an appreciation of all the various interests involved, including those of the Union industry, importers and users.

7.1.   Interest of the Union industry

| (112) | As stated in recital (99), Union industry has recovered from the injury caused by past dumping. If existing measures were allowed to lapse, the Union industry would likely be faced with increased unfair competition from Belarus producers most likely putting a halt to the on-going recovery of the Union industry. |
| --- | --- |

(112)

As stated in recital (99), Union industry has recovered from the injury caused by past dumping. If existing measures were allowed to lapse, the Union industry would likely be faced with increased unfair competition from Belarus producers most likely putting a halt to the on-going recovery of the Union industry.

| (113) | The Commission therefore concluded that the continuation of the measures would be in the interest of the Union industry |
| --- | --- |

(113)

The Commission therefore concluded that the continuation of the measures would be in the interest of the Union industry

7.2.   Interest of unrelated importers and traders.

| (114) | As mentioned in recital (15), no importers came forward following the publication of the Notice of initiation and during the investigation. Although it could not be ruled out that the imposition of the measures had a negative impact on their activity, importers were not dependent on Belarus and could source the product under review from other countries, such as Norway and Türkiye. Therefore, the Commission concluded that from the importers’ perspective, there were no compelling reasons not to extend the existing measures. |
| --- | --- |

(114)

As mentioned in recital (15), no importers came forward following the publication of the Notice of initiation and during the investigation. Although it could not be ruled out that the imposition of the measures had a negative impact on their activity, importers were not dependent on Belarus and could source the product under review from other countries, such as Norway and Türkiye. Therefore, the Commission concluded that from the importers’ perspective, there were no compelling reasons not to extend the existing measures.

7.3.   Interest of users

| (115) | No user came forward following the publication of the Notice of initiation and during the investigation. Therefore, there were no indications that the conclusion reached in the original investigation (11) were no longer valid and that the maintenance of the measures would have a negative impact on the users outweighing the positive impact of the measures. |
| --- | --- |

(115)

No user came forward following the publication of the Notice of initiation and during the investigation. Therefore, there were no indications that the conclusion reached in the original investigation (11) were no longer valid and that the maintenance of the measures would have a negative impact on the users outweighing the positive impact of the measures.

7.4.   Conclusion on Union interest

| (116) | On the basis of the above, the Commission concluded that there were no compelling reasons of the Union interest against the maintenance of the existing measures on imports of rebars originating in Belarus. |
| --- | --- |

(116)

On the basis of the above, the Commission concluded that there were no compelling reasons of the Union interest against the maintenance of the existing measures on imports of rebars originating in Belarus.

8.   ANTI-DUMPING MEASURES

| (117) | On the basis of the conclusions reached by the Commission on continuation or recurrence of dumping, recurrence of injury and Union interest, the anti-dumping measures on rebars from Belarus should be maintained. |
| --- | --- |

(117)

On the basis of the conclusions reached by the Commission on continuation or recurrence of dumping, recurrence of injury and Union interest, the anti-dumping measures on rebars from Belarus should be maintained.

| (118) | In view of Article 109 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (12), when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union on the first calendar day of each month. |
| --- | --- |

(118)

In view of Article 109 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (12), when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union on the first calendar day of each month.

| (119) | The measures provided for in this regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036, |
| --- | --- |

(119)

The measures provided for in this regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,

HAS ADOPTED THIS REGULATION:

Article 1

1.   A definitive anti-dumping duty is imposed on imports of certain concrete reinforcement bars and rods, made of iron or non-alloy steel, not further worked than forged, hot-rolled, hot-drawn or hot-extruded, whether or not twisted after rolling, containing indentations, ribs, grooves or other deformations produced during the rolling process, currently falling under CN codes ex 7214 10 00, ex 7214 20 00, ex 7214 30 00, ex 7214 91 10, ex 7214 91 90, ex 7214 99 10 and ex 7214 99 95 (TARIC codes 7214100010, 7214200020, 7214300010, 7214911010, 7214919010, 7214991010, 7214999510) and originating in Belarus. High fatigue performance iron or steel concrete reinforcing bars and rods are excluded. Other long products, such as round bars, are excluded.

2.   The rates of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 shall be 10,6 %.

3.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 2

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, 30 May 2023.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  OJ L 176, 30.6.2016, p. 21.

1

(2)  Commission Implementing Regulation (EU) 2017/1019 of 16 June 2017 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain concrete reinforcement bars and rods originating in the Republic of Belarus (OJ L 155, 17.6.2017, p. 6).

2

(3)  Notice of impending expiry of the anti-dumping measures (OJ C 372, 16.9.2021, p. 9).

3

(4)  Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of rebars originating in the Republic of Belarus (OJ C 231, 15.6.2022, p. 21).

4

(5)  Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries (OJ L 123, 19.5.2015, p. 33).

5

(6)  https://tron.trade.ec.europa.eu/investigations/case-view?caseId=2607.

6

(7)  Exporting producer: https://eng.belsteel.com/about/rolling-production.php

7

(8)  CRU group database, https://www.crugroup.com/

8

(9)  Post importation cost were established at a level of 2 % in the original investigation.

9

(10)  Should 2 % post importation cost be included price difference would be 11,8 % – 12 % as set out in recital (66).

10

(11)  Overall, there were no compelling reasons against the imposition of measures on imports of the product concerned from Belarus

11

(12)  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).

12

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DECISIONS

| 31.5.2023 | EN | Official Journal of the European Union | L 141/34 |
| --- | --- | --- | --- |

31.5.2023

EN

Official Journal of the European Union

L 141/34

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COUNCIL DECISION (EU) 2023/1051

of 22 May 2023

amending Decision (EU) 2019/1754 on the accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 in conjunction with Article 218(6), point (a), thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

| (1) | The Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of 31 October 1958 (‘the Lisbon Agreement’) is a treaty administered by the World Intellectual Property Organization (WIPO). The Lisbon Agreement creates a special union (‘the Special Union’) within the framework of the Union for the Protection of Industrial Property. It is open to parties to the Paris Convention for the Protection of Industrial Property, signed in Paris, on 20 March 1883. Its contracting parties (‘the parties’) are to protect on their territories the appellations of origin of products of the other parties recognised and protected as such in the country of origin and registered at the International Bureau of WIPO, unless they declare within a period of one year from the receipt of the notification of registration that they cannot ensure protection. |
| --- | --- |

(1)

The Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of 31 October 1958 (‘the Lisbon Agreement’) is a treaty administered by the World Intellectual Property Organization (WIPO). The Lisbon Agreement creates a special union (‘the Special Union’) within the framework of the Union for the Protection of Industrial Property. It is open to parties to the Paris Convention for the Protection of Industrial Property, signed in Paris, on 20 March 1883. Its contracting parties (‘the parties’) are to protect on their territories the appellations of origin of products of the other parties recognised and protected as such in the country of origin and registered at the International Bureau of WIPO, unless they declare within a period of one year from the receipt of the notification of registration that they cannot ensure protection.

| (2) | Seven Member States are parties to the Lisbon Agreement, namely Bulgaria, Czechia, France, Italy, Hungary, Portugal and Slovakia. The Union itself is not a party to the Lisbon Agreement as only countries can accede to that Agreement. |
| --- | --- |

(2)

Seven Member States are parties to the Lisbon Agreement, namely Bulgaria, Czechia, France, Italy, Hungary, Portugal and Slovakia. The Union itself is not a party to the Lisbon Agreement as only countries can accede to that Agreement.

| (3) | Following a review of the Lisbon Agreement, on 20 May 2015 the WIPO Diplomatic Conference adopted the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (1) (‘the Geneva Act’). The Geneva Act extends the protection of appellations of origin to all geographical indications and allows intergovernmental organisations to become parties to it. |
| --- | --- |

(3)

Following a review of the Lisbon Agreement, on 20 May 2015 the WIPO Diplomatic Conference adopted the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (1) (‘the Geneva Act’). The Geneva Act extends the protection of appellations of origin to all geographical indications and allows intergovernmental organisations to become parties to it.

| (4) | In its judgment of 25 October 2017 (2), the Court of Justice of the European Union (‘the Court’) held that the negotiation of the Geneva Act fell within the exclusive competence conferred on the Union by Article 3(1) of the Treaty on the Functioning of the European Union (TFEU) in the field of the common commercial policy referred to in Article 207(1) TFEU. |
| --- | --- |

(4)

In its judgment of 25 October 2017 (2), the Court of Justice of the European Union (‘the Court’) held that the negotiation of the Geneva Act fell within the exclusive competence conferred on the Union by Article 3(1) of the Treaty on the Functioning of the European Union (TFEU) in the field of the common commercial policy referred to in Article 207(1) TFEU.

| (5) | On 27 July 2018, the Commission made a proposal for a Council decision on the accession of the Union to the Geneva Act on the basis of Article 207 and Article 218(6), point (a), TFEU. In view of the Union’s exclusive competence as regards the negotiation of the Geneva Act, that proposal provided that the Union alone would accede to that Act. |
| --- | --- |

(5)

On 27 July 2018, the Commission made a proposal for a Council decision on the accession of the Union to the Geneva Act on the basis of Article 207 and Article 218(6), point (a), TFEU. In view of the Union’s exclusive competence as regards the negotiation of the Geneva Act, that proposal provided that the Union alone would accede to that Act.

| (6) | On 7 October 2019, the Council unanimously adopted Decision (EU) 2019/1754 (3) on the accession of the Union to the Geneva Act in accordance with Article 293(1) TFEU. Article 3 of Decision (EU) 2019/1754 provides that Member States which wish to do so are authorised to ratify or accede to, as appropriate, alongside the Union, the Geneva Act in the interest of the Union and in full respect of its exclusive competence. Article 4 of Decision (EU) 2019/1754 provides that, in the Special Union, the Union and any Member State which ratifies or accedes to the Geneva Act is represented by the Commission in accordance with Article 17(1) of the Treaty on European Union (TEU). Article 4 of Decision (EU) 2019/1754 further provides that the Union is responsible for ensuring the exercise of the rights and fulfilment of the obligations of the Union and of the Member States which ratify or accede to the Geneva Act. |
| --- | --- |

(6)

On 7 October 2019, the Council unanimously adopted Decision (EU) 2019/1754 (3) on the accession of the Union to the Geneva Act in accordance with Article 293(1) TFEU. Article 3 of Decision (EU) 2019/1754 provides that Member States which wish to do so are authorised to ratify or accede to, as appropriate, alongside the Union, the Geneva Act in the interest of the Union and in full respect of its exclusive competence. Article 4 of Decision (EU) 2019/1754 provides that, in the Special Union, the Union and any Member State which ratifies or accedes to the Geneva Act is represented by the Commission in accordance with Article 17(1) of the Treaty on European Union (TEU). Article 4 of Decision (EU) 2019/1754 further provides that the Union is responsible for ensuring the exercise of the rights and fulfilment of the obligations of the Union and of the Member States which ratify or accede to the Geneva Act.

| (7) | In a statement entered in the Council minutes relating to the adoption of Decision (EU) 2019/1754, the Commission objected to the possibility for all Member States which wish to do so to be authorised to ratify or accede to the Geneva Act alongside the Union. However, the Commission also stated that it would have been ready to agree that the seven Member States which are already parties to the Lisbon Agreement and which have extensive intellectual property rights registered under that Agreement could be authorised to accede to the Geneva Act in the interest of the Union. |
| --- | --- |

(7)

In a statement entered in the Council minutes relating to the adoption of Decision (EU) 2019/1754, the Commission objected to the possibility for all Member States which wish to do so to be authorised to ratify or accede to the Geneva Act alongside the Union. However, the Commission also stated that it would have been ready to agree that the seven Member States which are already parties to the Lisbon Agreement and which have extensive intellectual property rights registered under that Agreement could be authorised to accede to the Geneva Act in the interest of the Union.

| (8) | The Geneva Act entered into force on 26 February 2020, three months after the Union deposited its instrument of accession, bringing the number of parties to the requisite five. |
| --- | --- |

(8)

The Geneva Act entered into force on 26 February 2020, three months after the Union deposited its instrument of accession, bringing the number of parties to the requisite five.

| (9) | On 17 January 2020, the Commission brought an action under Article 263 TFEU seeking the partial annulment of Decision (EU) 2019/1754 on the grounds of an infringement of Article 218(6) and Article 293(1) TFEU, of the principle of the conferral of powers laid down in Article 13(2) TEU, of the principle of institutional balance and of the Commission’s right of initiative, and, in the alternative, on the grounds of an infringement of Article 2(1) and Article 207 TFEU and the duty to state reasons. |
| --- | --- |

(9)

On 17 January 2020, the Commission brought an action under Article 263 TFEU seeking the partial annulment of Decision (EU) 2019/1754 on the grounds of an infringement of Article 218(6) and Article 293(1) TFEU, of the principle of the conferral of powers laid down in Article 13(2) TEU, of the principle of institutional balance and of the Commission’s right of initiative, and, in the alternative, on the grounds of an infringement of Article 2(1) and Article 207 TFEU and the duty to state reasons.

| (10) | The Commission asked the Court to annul Decision (EU) 2019/1754, insofar as that Decision authorises all Member States to accede to the Geneva Act. However, the Commission also asked the Court to maintain the effects of the parts of that Decision which it sought to have annulled, in particular any use of the authorisation granted to accede to the Geneva Act, implemented before the date of delivery of the judgment by the seven Member States that are already parties to the Lisbon Agreement. The Commission indicated that it could, exceptionally, accept a compromise whereby the seven Member States which are parties to the Lisbon Agreement accede to the Geneva Act in order to avoid problems relating to the continuity of rights. |
| --- | --- |

(10)

The Commission asked the Court to annul Decision (EU) 2019/1754, insofar as that Decision authorises all Member States to accede to the Geneva Act. However, the Commission also asked the Court to maintain the effects of the parts of that Decision which it sought to have annulled, in particular any use of the authorisation granted to accede to the Geneva Act, implemented before the date of delivery of the judgment by the seven Member States that are already parties to the Lisbon Agreement. The Commission indicated that it could, exceptionally, accept a compromise whereby the seven Member States which are parties to the Lisbon Agreement accede to the Geneva Act in order to avoid problems relating to the continuity of rights.

| (11) | In its judgment of 22 November 2022 (4), the Court annulled Article 3 and, to the extent that it contains references to the Member States, Article 4 of Decision (EU) 2019/1754. |
| --- | --- |

(11)

In its judgment of 22 November 2022 (4), the Court annulled Article 3 and, to the extent that it contains references to the Member States, Article 4 of Decision (EU) 2019/1754.

| (12) | In its judgment of 22 November 2022, the Court also acknowledged the necessity of preserving the seniority and continuity of the protection of appellations of origin registered under the Lisbon Agreement in the seven Member States that were already parties to that Agreement, in particular, in accordance with the principle of sincere cooperation between the Union and the Member States set out in Article 4(3) TEU, in order to protect acquired rights derived from those national registrations. The Court thus declared that the effects of the annulled parts of Decision (EU) 2019/1754 should be maintained for the Member States which have already availed themselves of the authorisation to ratify or accede to the Geneva Act until the entry into force, within a reasonable period not exceeding six months from the date of delivery of the judgment, of a new Council decision. |
| --- | --- |

(12)

In its judgment of 22 November 2022, the Court also acknowledged the necessity of preserving the seniority and continuity of the protection of appellations of origin registered under the Lisbon Agreement in the seven Member States that were already parties to that Agreement, in particular, in accordance with the principle of sincere cooperation between the Union and the Member States set out in Article 4(3) TEU, in order to protect acquired rights derived from those national registrations. The Court thus declared that the effects of the annulled parts of Decision (EU) 2019/1754 should be maintained for the Member States which have already availed themselves of the authorisation to ratify or accede to the Geneva Act until the entry into force, within a reasonable period not exceeding six months from the date of delivery of the judgment, of a new Council decision.

| (13) | In view of the Union’s exclusive competence and the possibility for the Union to accede to the Geneva Act, it is only in certain duly justified and specific circumstances that Member States can be authorised, in the interest of the Union, to accede alongside the Union. |
| --- | --- |

(13)

In view of the Union’s exclusive competence and the possibility for the Union to accede to the Geneva Act, it is only in certain duly justified and specific circumstances that Member States can be authorised, in the interest of the Union, to accede alongside the Union.

| (14) | Article 11 of Regulation (EU) 2019/1753 of the European Parliament and of the Council (5) provides for transitional provisions for appellations of origin originating in Member States already registered under the Lisbon Agreement. On the basis of those provisions, the seven Member States that are parties to the Lisbon Agreement notified the Commission by 14 November 2022 that they had chosen to request the international registration under the Geneva Act of appellations of origin already registered under the Lisbon Agreement. |
| --- | --- |

(14)

Article 11 of Regulation (EU) 2019/1753 of the European Parliament and of the Council (5) provides for transitional provisions for appellations of origin originating in Member States already registered under the Lisbon Agreement. On the basis of those provisions, the seven Member States that are parties to the Lisbon Agreement notified the Commission by 14 November 2022 that they had chosen to request the international registration under the Geneva Act of appellations of origin already registered under the Lisbon Agreement.

| (15) | Given those specific circumstances, it is appropriate to amend Decision (EU) 2019/1754 in order to authorise, in full respect of the exclusive competence of the Union, the seven Member States that were parties to the Lisbon Agreement prior to the entry into force of the Geneva Act to also ratify or accede to the Geneva Act, strictly to the extent that this is necessary to preserve, in the interest of the Union, the seniority and continuity of the protection of the appellations of origin already registered by those Member States under the Lisbon Agreement. |
| --- | --- |

(15)

Given those specific circumstances, it is appropriate to amend Decision (EU) 2019/1754 in order to authorise, in full respect of the exclusive competence of the Union, the seven Member States that were parties to the Lisbon Agreement prior to the entry into force of the Geneva Act to also ratify or accede to the Geneva Act, strictly to the extent that this is necessary to preserve, in the interest of the Union, the seniority and continuity of the protection of the appellations of origin already registered by those Member States under the Lisbon Agreement.

| (16) | Decision (EU) 2019/1754 should therefore be amended accordingly, |
| --- | --- |

(16)

Decision (EU) 2019/1754 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Amendments to Decision (EU) 2019/1754

Decision (EU) 2019/1754 is amended as follows:

| (1) | Article 3 is replaced by the following:
  ‘Member States which were parties to the Lisbon Agreement on 26 February 2020, namely Bulgaria, Czechia, France, Italy, Hungary, Portugal and Slovakia, are hereby authorised, in full respect of the Union’s exclusive competence, to ratify or accede, alongside the Union, to the Geneva Act, strictly to the extent that their accession is necessary to preserve, in the interest of the Union, the seniority and continuity of the protection of the appellations of origin already registered by those Member States under the Lisbon Agreement and to comply with the obligations provided for by Article 11 of Regulation (EU) 2019/1753 of the European Parliament and of the Council (*1).

  (*1)  Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October 2019 on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (OJ L 271, 24.10.2019, p. 1).’;" |
| --- | --- |

(1)

Article 3 is replaced by the following:

‘Member States which were parties to the Lisbon Agreement on 26 February 2020, namely Bulgaria, Czechia, France, Italy, Hungary, Portugal and Slovakia, are hereby authorised, in full respect of the Union’s exclusive competence, to ratify or accede, alongside the Union, to the Geneva Act, strictly to the extent that their accession is necessary to preserve, in the interest of the Union, the seniority and continuity of the protection of the appellations of origin already registered by those Member States under the Lisbon Agreement and to comply with the obligations provided for by Article 11 of Regulation (EU) 2019/1753 of the European Parliament and of the Council (*1).

(*1)  Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October 2019 on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (OJ L 271, 24.10.2019, p. 1).’;"

| (2) | in Article 4(1), the first subparagraph is replaced by the following:
  ‘In the Special Union, the Union and those Member States which have ratified or acceded to the Geneva Act pursuant to Article 3 of this Decision shall be represented by the Commission in accordance with Article 17(1) TEU. The Union shall be responsible for ensuring the exercise of the rights and fulfilment of the obligations of the Union pursuant to Article 3 of this Decision.’. |
| --- | --- |

(2)

in Article 4(1), the first subparagraph is replaced by the following:

‘In the Special Union, the Union and those Member States which have ratified or acceded to the Geneva Act pursuant to Article 3 of this Decision shall be represented by the Commission in accordance with Article 17(1) TEU. The Union shall be responsible for ensuring the exercise of the rights and fulfilment of the obligations of the Union pursuant to Article 3 of this Decision.’.

Article 2

Entry into force

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

Done at Brussels, 22 May 2023.

For the Council

The President

E. BUSCH

---

(1)  OJ L 271, 24.10.2019, p. 15.

1

(2)  Judgment of the Court of Justice of 25 October 2017, Commission v Council (Revised Lisbon Agreement), C-389/15, ECLI:EU:C:2017:798.

2

Commission

Council (Revised Lisbon Agreement),

(3)  Council Decision (EU) 2019/1754 of 7 October 2019 on the accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (OJ L 271, 24.10.2019, p. 12).

3

(4)  Judgment of the Court of Justice of 22 November 2022, Commission v Council, C-24/20, ECLI:EU:C:2022:911.

4

Commission

Council

(5)  Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October 2019 on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (OJ L 271, 24.10.2019, p. 1).

5

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| 31.5.2023 | EN | Official Journal of the European Union | L 141/38 |
| --- | --- | --- | --- |

31.5.2023

EN

Official Journal of the European Union

L 141/38

---

COUNCIL DECISION (EU) 2023/1052

of 22 May 2023

on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement on civil aviation safety between the European Union and Japan as regards the adoption of the rules of procedure of the Joint Committee

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Agreement on civil aviation safety between the European Union and Japan (1) (‘the Agreement’) was approved on behalf of the Union by Council Decision (EU) 2021/112 (2) and entered into force on 30 June 2021. |
| --- | --- |

(1)

The Agreement on civil aviation safety between the European Union and Japan (1) (‘the Agreement’) was approved on behalf of the Union by Council Decision (EU) 2021/112 (2) and entered into force on 30 June 2021.

| (2) | Article 11(1) of the Agreement, provides for a Joint Committee of the Parties to be established for the effective implementation of the Agreement. |
| --- | --- |

(2)

Article 11(1) of the Agreement, provides for a Joint Committee of the Parties to be established for the effective implementation of the Agreement.

| (3) | Article 11(3) of the Agreement further provides that the Joint Committee shall draw up and adopt its rules of procedure. |
| --- | --- |

(3)

Article 11(3) of the Agreement further provides that the Joint Committee shall draw up and adopt its rules of procedure.

| (4) | The Commission and the Ministry of Foreign Affairs of Japan have cooperated in the drawing up of draft rules of procedure. |
| --- | --- |

(4)

The Commission and the Ministry of Foreign Affairs of Japan have cooperated in the drawing up of draft rules of procedure.

| (5) | It is appropriate to establish the position to be taken on the Union’s behalf within the Joint Committee as regards the adoption of the rules of procedure of the Joint Committee as they will be binding on the Union. |
| --- | --- |

(5)

It is appropriate to establish the position to be taken on the Union’s behalf within the Joint Committee as regards the adoption of the rules of procedure of the Joint Committee as they will be binding on the Union.

| (6) | The position of the Union within the Joint Committee should therefore be based on the attached draft Decision, |
| --- | --- |

(6)

The position of the Union within the Joint Committee should therefore be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

1.   The position to be taken on the Union’s behalf within the Joint Committee established by the Agreement on civil aviation safety between the European Union and Japan at its first meeting as regards the adoption of its rules of procedure shall be based on the draft Decision of the Joint Committee attached to this Decision.

2.   The representative of the Union within the Joint Committee may agree to minor changes to the draft Decision of the Joint Committee without a further decision of the Council.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 22 May 2023.

For the Council

The President

F. BUSCH

---

(1)  OJ L 229, 16.7.2020, p. 4.

1

(2)  Council Decision (EU) 2021/112 of 25 January 2021 on the conclusion of the Agreement on civil aviation safety between the European Union and Japan (OJ L 36, 2.2.2021, p. 1).

2

---

DRAFT

DECISION No 1/... OF THE EU-JAPAN JOINT COMMITTEE ESTABLISHED BY THE AGREEMENT ON CIVIL AVIATION SAFETY BETWEEN THE EUROPEAN UNION AND JAPAN

of ...

adopting its rules of procedure

THE EU-JAPAN JOINT COMMITTEE,

Having regard to the Agreement on Civil Aviation Safety between the European Union and Japan, and in particular Article 11(3) thereof,

HAS ADOPTED THIS DECISION:

Item 1

The rules of procedure of the Joint Committee annexed to this Decision are hereby adopted.

Item 2

This Decision will become applicable on the day of its adoption.

Done at ...,

For the European Union

For Japan

---

ANNEX

JOINT COMMITTEE OF THE PARTIES TO THE AGREEMENT ON CIVIL AVIATION SAFETY BETWEEN THE EUROPEAN UNION AND JAPAN

Rules of Procedure

Item 1

Definitions

For the purposes of these rules of procedure under Article 11(3) of the Agreement on Civil Aviation Safety between the European Union and Japan, the term:

| — | ‘Party’ means the European Union or Japan; |
| --- | --- |

—

‘Party’ means the European Union or Japan;

| — | ‘both Parties’ means the European Union and Japan. |
| --- | --- |

—

‘both Parties’ means the European Union and Japan.

Item 2

Chair and Composition

1.   The Joint Committee will be chaired jointly by a representative of the European Union and by a representative of Japan (the ‘chairpersons’).

2.   The European Union is represented in the Joint Committee by the European Commission, assisted by the European Union Aviation Safety Agency and accompanied by the aviation authorities of the European Union Member States.

3.   Japan is represented in the Joint Committee by the Ministry of Foreign Affairs and/or the Mission of Japan to the European Union and accompanied by the Ministry of Land, Infrastructure, Transport and Tourism.

Item 3

Meetings

1.   The Joint Committee will meet at regular intervals on the request of either Party.

2.   Meeting locations will alternate, as much as possible, between Brussels and Tokyo. As an alternative, discussions via videoconference could be organised. Decisions and recommendations adopted during videoconferences will have the same value as those adopted in physical meetings. Once the date and the place of a meeting have been decided between the Parties, the meeting will be convened by the European Commission for the European Union and by the Ministry of Foreign Affairs for Japan.

3.   Except as otherwise decided by the chairpersons, the meetings of the Joint Committee will not be open to public participation. A press release may, by mutual consent of the chairpersons, be issued after the meetings.

4.   Meetings and documents will be in English. Costs of interpretation or translation into another language will be borne by the Party requesting it.

Item 4

Delegations

1.   Prior to each meeting, the Parties will inform each other of the intended composition of their respective delegations, nominating their respective chairpersons.

2.   The chairpersons may, on an ad-hoc basis, decide to invite external participants to attend meetings of the Joint Committee in order to provide information on particular subjects or as observers.

Item 5

Secretariat

An official of the European Commission and an official of the Ministry of Foreign Affairs will act jointly as secretaries of the Joint Committee.

Item 6

Agenda of the Meetings

1.   The chairpersons will establish the provisional agenda of each meeting by mutual consent. This provisional agenda and any relevant meeting documents will be transmitted by the secretaries to the participants at the latest fifteen working days before the date of the meeting.

2.   The agenda will be adopted by the Joint Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be included in the agenda if the Parties so decide.

3.   The chairpersons may modify, by consent, the time limit for transmitting documents, referred to in paragraph 1, including the provisional agenda, in order to take into account the requirements of a Party’s internal procedures or the urgency of a particular matter.

Item 7

Minutes

1.   Draft minutes of each Joint Committee meeting will be drawn up after the meeting. They will indicate the decisions and recommendations adopted and the conclusions made.

2.   When approved, the minutes will be signed by the chairpersons, and one original or scanned copy will be filed by each Party. Electronic signature and archiving is possible.

Item 8

Written Procedure

Where necessary and justified, recommendations and decisions of the Joint Committee may be adopted through written procedure. To that end, the chairpersons will exchange the draft measures on which the opinion of the Joint Committee is sought, which may then be confirmed by exchange of correspondence. Any Party may, however, request that the Joint Committee be convened to discuss the matter.

Item 9

Deliberations

1.   The Joint Committee will adopt its decisions and recommendations by consensus between the Parties.

2.   The decisions and recommendations of the Joint Committee will be entitled respectively ‘Decision’ and ‘Recommendation’ and will be followed by a serial number, by the date of their adoption and by a description of their subject.

3.   The decisions and recommendations of the Joint Committee will be signed by the chairpersons.

4.   The decisions adopted by the Joint Committee will be implemented by the Parties in line with their own internal procedures.

5.   The decisions adopted by the Joint Committee may be published by the Parties in their respective official publications. Recommendations or any other act adopted by the Joint Committee may be published if the Parties so decide. One original or scanned copy of the decisions and recommendations will be retained by each Party.

Item 10

Expenses

1.   The Parties will be in charge of paying their own expenses incurred by reason of their participation in the meetings of the Joint Committee and meetings in line with the decisions and recommendations of the Joint Committee, including staff, travelling and subsistence expenditures and postal and telecommunications costs.

2.   Expenditure relating to the material organisation of meetings will be borne by the Party hosting the meeting.

---

| 31.5.2023 | EN | Official Journal of the European Union | L 141/44 |
| --- | --- | --- | --- |

31.5.2023

EN

Official Journal of the European Union

L 141/44

---

COMMISSION IMPLEMENTING DECISION (EU) 2023/1053

of 30 May 2023

laying down rules for the application of Regulation (EU) 2023/588 of the European Parliament and of the Council as regards operational requirements for governmental services provided under Union Secure Connectivity Programme and its service portfolio

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2023/588 of the European Parliament and of the Council of 15 March 2023 establishing the Union Secure Connectivity Programme for the period 2023-2027 (1), and in particular Article 9(2) and Article 10(4) and (5) thereof,

Whereas:

| (1) | The Union Secure Connectivity Programme, established by Regulation (EU) 2023/588, has the objective of ensuring the provision and long-term availability of worldwide-uninterrupted access to secure, autonomous, reliable and cost-effective satellite governmental communication services to governmental users by establishing a secure connectivity system under civil control. |
| --- | --- |

(1)

The Union Secure Connectivity Programme, established by Regulation (EU) 2023/588, has the objective of ensuring the provision and long-term availability of worldwide-uninterrupted access to secure, autonomous, reliable and cost-effective satellite governmental communication services to governmental users by establishing a secure connectivity system under civil control.

| (2) | Operational requirements of the Union Secure Connectivity Programme should be laid down, in the form of technical specifications and implementation plans for governmental services related in particular to crisis management, surveillance and key infrastructure management, including diplomatic and defence communication networks and other governmental users’ needs. |
| --- | --- |

(2)

Operational requirements of the Union Secure Connectivity Programme should be laid down, in the form of technical specifications and implementation plans for governmental services related in particular to crisis management, surveillance and key infrastructure management, including diplomatic and defence communication networks and other governmental users’ needs.

| (3) | The service portfolio for the governmental services should be established, including services restricted to government authorised users based on the governmental infrastructure, and also services to governmental users based on the commercial infrastructure, such as assured worldwide low latency service or worldwide narrowband service. The service portfolio for the governmental services should take into account the service portfolio of the government satellite communication (‘GOVSATCOM’) services established within the framework of Regulation (EU) 2021/696 of the European Parliament and of the Council (2). |
| --- | --- |

(3)

The service portfolio for the governmental services should be established, including services restricted to government authorised users based on the governmental infrastructure, and also services to governmental users based on the commercial infrastructure, such as assured worldwide low latency service or worldwide narrowband service. The service portfolio for the governmental services should take into account the service portfolio of the government satellite communication (‘GOVSATCOM’) services established within the framework of Regulation (EU) 2021/696 of the European Parliament and of the Council (2).

| (4) | The measures provided for in this Decision are in accordance with the opinion of the Programme committee established by Article 107 of Regulation (EU) 2021/696, in the GOVSATCOM configuration. |
| --- | --- |

(4)

The measures provided for in this Decision are in accordance with the opinion of the Programme committee established by Article 107 of Regulation (EU) 2021/696, in the GOVSATCOM configuration.

HAS ADOPTED THIS DECISION:

Article 1

The service portfolio for governmental services provided under Union Secure Connectivity Programme

1.   The system implementing the Union Secure Connectivity Programme shall be designed to provide or enable the following satellite communications services:

| (a) | the following services offered to governmental users based on the governmental infrastructure:






  (i) | Service #1: Robust Worldwide Low-latency Service; |
| --- | --- | --- |

(a)

the following services offered to governmental users based on the governmental infrastructure:

(i)

Service #1: Robust Worldwide Low-latency Service;

| (ii) | Service #2: Space Data Relay; |
| --- | --- |

(ii)

Service #2: Space Data Relay;

| (b) | the following services offered to governmental users based on the commercial infrastructure:






  (i) | Service #3: Assured Worldwide Low-latency Service; |
| --- | --- | --- |

(b)

the following services offered to governmental users based on the commercial infrastructure:

(i)

Service #3: Assured Worldwide Low-latency Service;

| (ii) | Service #4: Assured Worldwide Narrowband Service. |
| --- | --- |

(ii)

Service #4: Assured Worldwide Narrowband Service.

The services referred to in the first subparagraph shall comply with the requirements for the predefined profiles for those services set out in the Annex.

2.   The service portfolio of the system implementing the Union Secure Connectivity programme shall be tailored for each service and delivered to the end-users in conformity with the following procurement schemes:

| (a) | end-to-end service scheme, where the service is provided from the router/switch on the anchor station side, to the router/switch on the user terminal side, including the possibility of providing the external network on the anchor station side; |
| --- | --- |

(a)

end-to-end service scheme, where the service is provided from the router/switch on the anchor station side, to the router/switch on the user terminal side, including the possibility of providing the external network on the anchor station side;

| (b) | managed services scheme, where the provision of the service is guaranteed with the exclusion of the terminal. |
| --- | --- |

(b)

managed services scheme, where the provision of the service is guaranteed with the exclusion of the terminal.

Article 2

Rules and Operational Requirements for the Provision of Governmental Services

The following rules and operational requirements shall apply for the provision of governmental services:

| (1) | In terms of resources and participants’ shares:






  (a) | the resources of the system implementing the Union Secure Connectivity Programme aimed to the provision of the Service #1, Service #2, Service #3, Service #4 defined in the Annex shall extend the Common Union pool defined in Article 2 of the Commission Implementing Decision (EU) 2023/1055 (3). They form an ‘Extended Union Pool’. |
| --- | --- | --- |

(1)

In terms of resources and participants’ shares:

(a)

the resources of the system implementing the Union Secure Connectivity Programme aimed to the provision of the Service #1, Service #2, Service #3, Service #4 defined in the Annex shall extend the Common Union pool defined in Article 2 of the Commission Implementing Decision (EU) 2023/1055 (3). They form an ‘Extended Union Pool’.

| (b) | the Commission shall set the additional number of tokens (‘SC tokens’) to be added to the GOVSATCOM tokens as defined in Article 2 of the Implementing Decision (EU) 2023/1055. |
| --- | --- |

(b)

the Commission shall set the additional number of tokens (‘SC tokens’) to be added to the GOVSATCOM tokens as defined in Article 2 of the Implementing Decision (EU) 2023/1055.

| (c) | the repartition of ‘SC tokens’ among Programme participants shall follow the rules defined in Article 5 of the Implementing Decision (EU) 2023/1055. However, the repartition of the ‘SC tokens’ between Member States, EU institutions and the crisis margin defined in Article 5(2) may vary. |
| --- | --- |

(c)

the repartition of ‘SC tokens’ among Programme participants shall follow the rules defined in Article 5 of the Implementing Decision (EU) 2023/1055. However, the repartition of the ‘SC tokens’ between Member States, EU institutions and the crisis margin defined in Article 5(2) may vary.

| (2) | In terms of allocation of services:






  (a) | the provision of the services provided by the system implementing the Union Secure Connectivity Programme to the participants shall follow the fixed and dynamic schemes as defined in the Articles 6, 7 and 8 of the Implementing Decision (EU) 2023/1055. |
| --- | --- | --- |

(2)

In terms of allocation of services:

(a)

the provision of the services provided by the system implementing the Union Secure Connectivity Programme to the participants shall follow the fixed and dynamic schemes as defined in the Articles 6, 7 and 8 of the Implementing Decision (EU) 2023/1055.

| (b) | the allocation of the fixed and dynamic part of Service #1 and Service #2 defined in the Annex shall follow the approach defined in Articles 6(1), (3) and (4), Article 7(1), (5), (6), (7) and (8) and Article 8 of the Implementing Decision (EU) 2023/1055. |
| --- | --- |

(b)

the allocation of the fixed and dynamic part of Service #1 and Service #2 defined in the Annex shall follow the approach defined in Articles 6(1), (3) and (4), Article 7(1), (5), (6), (7) and (8) and Article 8 of the Implementing Decision (EU) 2023/1055.

| (c) | the allocation of the fixed and dynamic part of Service #3 and Service #4 defined in the Annex shall follow the approach defined in Articles 6, 7 and 8 of the Implementing Decision (EU) 2023/1055. |
| --- | --- |

(c)

the allocation of the fixed and dynamic part of Service #3 and Service #4 defined in the Annex shall follow the approach defined in Articles 6, 7 and 8 of the Implementing Decision (EU) 2023/1055.

| (d) | the services provided by the system implementing the Union Secure Connectivity Programme shall be compensated using tokens. The compensation value in tokens for each service option shall be included in the service proposal made to the Competent GOVSATCOM Authority. |
| --- | --- |

(d)

the services provided by the system implementing the Union Secure Connectivity Programme shall be compensated using tokens. The compensation value in tokens for each service option shall be included in the service proposal made to the Competent GOVSATCOM Authority.

| (3) | In terms of service profiles, requests and prioritisation:






  (a) | the service profiles are defined by their primary attributes’ values. The predefined service profiles are set in the Annex. |
| --- | --- | --- |

(3)

In terms of service profiles, requests and prioritisation:

(a)

the service profiles are defined by their primary attributes’ values. The predefined service profiles are set in the Annex.

| (b) | the users may issue service requests as defined in Article 9 of the Implementing Decision (EU) 2023/1055. |
| --- | --- |

(b)

the users may issue service requests as defined in Article 9 of the Implementing Decision (EU) 2023/1055.

| (c) | the requests for services shall follow the rules as defined in Article 9 of the Implementing Decision (EU) 2023/1055. The GOVSATCOM Hub shall assign the request to the Extended Union pool, which includes the capacity provided by the Union Secure Connectivity Programme. |
| --- | --- |

(c)

the requests for services shall follow the rules as defined in Article 9 of the Implementing Decision (EU) 2023/1055. The GOVSATCOM Hub shall assign the request to the Extended Union pool, which includes the capacity provided by the Union Secure Connectivity Programme.

| (d) | any conflict associated to the service request, including the need for pre-emption of the services, shall follow the rules defined in Article 11 of the Implementing Decision (EU) 2023/1055. |
| --- | --- |

(d)

any conflict associated to the service request, including the need for pre-emption of the services, shall follow the rules defined in Article 11 of the Implementing Decision (EU) 2023/1055.

| (4) | In terms of deployment logic:






  (a) | the system implementing the Union Secure Connectivity Programme shall be conceived as modular and scalable, progressively expanding the space segment according to the evolution of the demand of the services over the service life. |
| --- | --- | --- |

(4)

In terms of deployment logic:

(a)

the system implementing the Union Secure Connectivity Programme shall be conceived as modular and scalable, progressively expanding the space segment according to the evolution of the demand of the services over the service life.

| (b) | the modularity and scalability of the system implementing the Union Secure Connectivity Programme may include investment from the private sector in accordance with market demand variations. |
| --- | --- |

(b)

the modularity and scalability of the system implementing the Union Secure Connectivity Programme may include investment from the private sector in accordance with market demand variations.

| (c) | any replenishment activity at Space or Ground Segment level shall not affect the continuity of the operational services. |
| --- | --- |

(c)

any replenishment activity at Space or Ground Segment level shall not affect the continuity of the operational services.

Article 3

Entry into force

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

Done at Brussels, 30 May 2023.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  OJ L 79, 17.3.2023, p. 1.

1

(2)  Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69).

2

(3)  Commission Implementing Decision (EU) 2023/1055 of 30 May 2023 setting out the rules on the sharing and prioritisation of satellite communication capacities, services, and user equipment to fulfil the function referred to in Article 66(2) of Regulation (EU) 2021/696 of the European Parliament and of the Council (see page 57 of this Official Journal).

3

---

ANNEX

Predefined profiles for the governmental services provided under the Union Secure Connectivity Programme

Table 1

Service #1: Robust Worldwide Low-latency Service

| Feature | Technical specifications |
| --- | --- |
| Frequency band | Ka-Gov; others |
| Data rate | Forward (FWD)/Return (RTN) link throughput service levels per user:






  — | Low: < 1 Mbps |

Feature

Technical specifications

Frequency band

Ka-Gov; others

Data rate

Forward (FWD)/Return (RTN) link throughput service levels per user:

—

Low: < 1 Mbps

| — | Medium: >=1 Mbps and < 5 Mbps |
| --- | --- |

—

Medium: >=1 Mbps and < 5 Mbps

| — | High: >=5 Mbps and < 50 Mbps |
| --- | --- |

—

High: >=5 Mbps and < 50 Mbps

| — | Very High: >=50 Mbps |
| --- | --- |

—

Very High: >=50 Mbps

Geographical coverage

Global

Availability (over one year)

99,5 %

Latency

| — | Less than 40 ms (one way end-to-end) over the EU continental territory |
| --- | --- |

—

Less than 40 ms (one way end-to-end) over the EU continental territory

| — | Less than 80 ms (Internet Round-Trip Time) over the EU continental territory |
| --- | --- |

—

Less than 80 ms (Internet Round-Trip Time) over the EU continental territory

User terminal

Fixed/On-the-move/Nomadic

Robustness and security features

Robust

Table 2

Service #2: Space Data Relay

| Feature | Technical specifications |
| --- | --- |
| Frequency band | Optical |
| Data rate | Depending on the connectivity scenario (combination of user and destination entities):






  — | >=1 Gbps and < 10 Gbps |

Feature

Technical specifications

Frequency band

Optical

Data rate

Depending on the connectivity scenario (combination of user and destination entities):

—

>=1 Gbps and < 10 Gbps

| — | >=10 Gbps |
| --- | --- |

—

>=10 Gbps

Geographical coverage

Global

User entity/destination entity

| — | Satellites of the system implementing the Union Secure Connectivity Programme |
| --- | --- |

—

Satellites of the system implementing the Union Secure Connectivity Programme

| — | Third-party satellites |
| --- | --- |

—

Third-party satellites

| — | Aerial platform |
| --- | --- |

—

Aerial platform

| — | Ground station |
| --- | --- |

—

Ground station

Robustness and security features

Robust

Table 3

Service #3: Assured Worldwide Low-latency Service

| Feature | Technical specifications |
| --- | --- |
| Data rate | Forward (FWD)/Return (RTN) link throughput service levels per user:






  — | Low: < 1 Mbps |

Feature

Technical specifications

Data rate

Forward (FWD)/Return (RTN) link throughput service levels per user:

—

Low: < 1 Mbps

| — | Medium: >=1 Mbps and < 5 Mbps |
| --- | --- |

—

Medium: >=1 Mbps and < 5 Mbps

| — | High: >=5 Mbps and < 50 Mbps |
| --- | --- |

—

High: >=5 Mbps and < 50 Mbps

| — | Very High: >=50 Mbps |
| --- | --- |

—

Very High: >=50 Mbps

Geographical coverage

Global

Availability (over one year)

99,5 %

Latency

| — | Less than 50 ms (one way end-to-end) over the EU continental territory |
| --- | --- |

—

Less than 50 ms (one way end-to-end) over the EU continental territory

| — | Less than 100 ms (Internet Round-Trip Time) over the EU continental territory |
| --- | --- |

—

Less than 100 ms (Internet Round-Trip Time) over the EU continental territory

User terminal

Fixed/On-the-move/Nomadic

Robustness and security features

Assured

Table 4

Service #4: Assured Worldwide Narrowband Service

| Feature | Technical specifications |
| --- | --- |
| Data rate | Forward (FWD)/Return (RTN) link throughput per user: 2 Kbps to 1 Mbps |
| Geographical coverage | Global |
| Availability (over one year) | 98 % |
| User terminal | Internet Of Things (IOT) and other narrowband user equipment |
| Robustness and security features | Assured |

Feature

Technical specifications

Data rate

Forward (FWD)/Return (RTN) link throughput per user: 2 Kbps to 1 Mbps

Geographical coverage

Global

Availability (over one year)

98 %

User terminal

Internet Of Things (IOT) and other narrowband user equipment

Robustness and security features

Assured

---

| 31.5.2023 | EN | Official Journal of the European Union | L 141/49 |
| --- | --- | --- | --- |

31.5.2023

EN

Official Journal of the European Union

L 141/49

---

COMMISSION IMPLEMENTING DECISION (EU) 2023/1054

of 30 May 2023

laying down rules for the application of Regulation (EU) 2021/696 of the European Parliament and of the Council as regards the service portfolio for the Governmental Satellite Communications services offered by the system established under the Union Space Programme

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (1) and in particular Article 63(3) thereof,

Whereas:

| (1) | In accordance with Article 62 of Regulation (EU) 2021/696, under the Governmental Satellite Communications (‘GOVSATCOM’) component, satellite communication capacities and services are to be combined into a common Union pool of satellite communication capacities and services, with appropriate security requirements. |
| --- | --- |

(1)

In accordance with Article 62 of Regulation (EU) 2021/696, under the Governmental Satellite Communications (‘GOVSATCOM’) component, satellite communication capacities and services are to be combined into a common Union pool of satellite communication capacities and services, with appropriate security requirements.

| (2) | In accordance with Article 63(1) of Regulation (EU) 2021/696, the provision of GOVSATCOM capacities and services is to be ensured as laid down in the service portfolio. The service portfolio should be based on the needs of the user communities of governmental satellite communications, by including flexible and user adjustable GOVSATCOM services. It should therefore cover end-to-end services, anchored capacity services and raw capacity services. |
| --- | --- |

(2)

In accordance with Article 63(1) of Regulation (EU) 2021/696, the provision of GOVSATCOM capacities and services is to be ensured as laid down in the service portfolio. The service portfolio should be based on the needs of the user communities of governmental satellite communications, by including flexible and user adjustable GOVSATCOM services. It should therefore cover end-to-end services, anchored capacity services and raw capacity services.

| (3) | The service portfolio should cover existing and expected capacities and services to be included in the common Union pool. Therefore, different options for latency, frequency bands, security levels and other attributes need to be included in the service portfolio. |
| --- | --- |

(3)

The service portfolio should cover existing and expected capacities and services to be included in the common Union pool. Therefore, different options for latency, frequency bands, security levels and other attributes need to be included in the service portfolio.

| (4) | In order to ensure service provision, there is a need to describe the process for service requests from the GOVSATCOM users to the GOVSATCOM hub. The competent GOVSATCOM authorities should act as intermediaries in this process. |
| --- | --- |

(4)

In order to ensure service provision, there is a need to describe the process for service requests from the GOVSATCOM users to the GOVSATCOM hub. The competent GOVSATCOM authorities should act as intermediaries in this process.

| (5) | In order to ensure the best match between supply and demand for GOVSATCOM services, there is a need to base the availability of services on the supply and demand of pooled and shared satellite capacities and procured services. |
| --- | --- |

(5)

In order to ensure the best match between supply and demand for GOVSATCOM services, there is a need to base the availability of services on the supply and demand of pooled and shared satellite capacities and procured services.

| (6) | The measures provided for in this Decision are in accordance with the opinion of the Programme committee in the GOVSATCOM configuration. |
| --- | --- |

(6)

The measures provided for in this Decision are in accordance with the opinion of the Programme committee in the GOVSATCOM configuration.

HAS ADOPTED THIS DECISION:

Article 1

Definitions

For the purposes of this Decision, the definitions in Article 2 of Commission Implementing Decision (EU) 2023/1055 (2) apply.

Article 2

GOVSATCOM service portfolio

1.   The GOVSATCOM service portfolio shall consist of the following categories of communication services:

| (a) | end-to-end services, allowing the user to connect to a network capable to provide services; |
| --- | --- |

(a)

end-to-end services, allowing the user to connect to a network capable to provide services;

| (b) | anchored capacity services, allowing the user to use satellite capacity and associated anchoring station facility; |
| --- | --- |

(b)

anchored capacity services, allowing the user to use satellite capacity and associated anchoring station facility;

| (c) | raw capacity services, allowing the user to use satellite capacity (bandwidth). |
| --- | --- |

(c)

raw capacity services, allowing the user to use satellite capacity (bandwidth).

2.   The services referred to in paragraph 1 shall comply with the primary and secondary attributes of the communication services categories are set out in Annex I.

3.   User equipment may be provided by a resource provider to the user as part of its service.

4.   The services referred to in paragraph 1, points (a) and (c) shall be provided through the GOVSATCOM hub infrastructure in its initial services operational configuration.

Article 3

Service profiles and requests

1.   GOVSATCOM service profiles shall be determined on the basis of the values of their primary attributes set out in Annex II (‘predefined service profiles’).

2.   Users shall be able to issue requests of a predefined service profile, where the user is able to browse the predefined service profiles which contain the information provided by the respective resource provider.

Users shall also be able to issue requests of a user determined profile, with specified service attributes’ values which have been previously defined by the user. The user-determined profile shall be used to issue service request to the GOVSATCOM Hub for matching predefined service profiles.

Users shall also be able to issue requests of a service with attributes’ values selected by the user, where the attributes’ values are used to issue service request to the GOVSATCOM hub for matching predefined service profiles.

3.   The GOVSATCOM hub shall respond to users’ requests by presenting the available services which match the requests. For the available services, the user shall be informed about their primary and secondary attributes as well as any additional information and details specific to the service. Users shall be able to select from the available services which match their request.

4.   Following the selection of a service by the users, and according to the rules laid down in Implementing Decision (EU) 2023/1055, the GOVSATCOM hub shall proceed to the allocation of the resources for the provision of the service and inform the user when the service is booked and activated.

5.   Following the activation of the service the respective users shall be able to access it either with their user equipment when compatible with the service, or with user equipment provided by the resource provider through GOVSATCOM.

Article 4

Access to GOVSATCOM service portfolio and services

1.   The competent GOVSATCOM authorities (CGAs) established in accordance with Article 68(4) and (5) of Regulation (EU) 2021/696 shall have access to the service portfolio and to the services selection process.

2.   In the framework of the services selection process a CGA shall:

| (a) | receive, prioritise, anonymise as needed, and forward its users’ service requests to the GOVSATCOM hub; |
| --- | --- |

(a)

receive, prioritise, anonymise as needed, and forward its users’ service requests to the GOVSATCOM hub;

| (b) | receive the results of the requests from the GOVSATCOM Hub and forward them to the users; |
| --- | --- |

(b)

receive the results of the requests from the GOVSATCOM Hub and forward them to the users;

| (c) | receive, anonymise as needed, and forward its users’ service selection to the GOVSATCOM hub. |
| --- | --- |

(c)

receive, anonymise as needed, and forward its users’ service selection to the GOVSATCOM hub.

3.   With regard to the anonymisation referred to in paragraph 2, the CGA, during the provision of a service to the users shall act as a proxy to any communication of the user with the GOVSATCOM hub, thereby anonymising the identity of the user. Appropriate classified channels shall be used for communication, as needed. The CGA may select not to anonymise a user. In this case user identity shall be made available from the GOVSATCOM hub to the resource provider to support the selection, establishment, management, maintenance and troubleshooting of the service provided to the user. Furthermore, the resource provider may request the de-anonymisation of a user. In this case, the GOVSATCOM hub shall forward this request to the relevant CGA for assessment.

4.   The GOVSATCOM hub shall provide to the CGAs the information needed for the selection, the booking, the establishment and the provision of the services.

Article 5

Service prioritisation and security levels

1.   The prioritisation of the provision of services shall be performed in accordance with Implementing Decision (EU) 2023/1055.

2.   Users shall have access to the services of the service portfolio on the basis of their security level, as set out in Commission Implementing Decision C(2023)3204 of 30 May 2023 (3).

Article 6

GOVSATCOM pooling and services availability

1.   Pooled satellite communication capacities and services shall be made available through the service portfolio with their attributes’ values.

2.   The availability of services in the portfolio shall be subject to the supply and demand of pooled and shared satellite capacities and services procured from entities as referred to in Article 64 of Regulation (EU) 2021/696.

Article 7

Entry into force

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

Done at Brussels, 30 May 2023.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  OJ L 170, 12.5.2021, p. 69.

1

(2)  Commission Implementing Decision (EU) 2023/1055 of 30 May 2023 setting out the rules on the sharing and prioritisation of satellite communication capacities, services, and user equipment to fulfil the function referred to in Article 66(2) of Regulation (EU) 2021/696 of the European Parliament and of the Council (see page 57of this Official Journal).

2

(3)  Commission Implementing Decision C(2023)3204 of 30 May 2023 on setting out the general security requirements of GOVSATCOM referred to in Article 34(2) of Regulation (EU) 2021/696 of the European Parliament and of the Council.

3

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ANNEX I

Communication services categories attributes

Table 1

End-to-end Service

| Primary attributes |
| --- |
| [Maximum] Latency | Round Trip Transmission delay in ms (milliseconds) |
| Throughput* | Peak information rate in Mbps (megabits per second) |
| Symmetric service | Yes/No

  Note: A symmetric service has the same attributes’ values for the forward and return links


  Note: in case of negative reply, Forward (FWD)/Return (RTN) link throughput should be identified |
| Coverage type | Regional/Global/Spot |
| Minimum Availability | Service minimum availability (% of time per month) |
| Security level | Enhanced/Robust/Assured |
| Secondary attributes |
| Committed Information Rate* | Committed information rate in Mbps |
| Service area | List of available geographical areas for the provision of the service as in Figure 1 |
| Service specific information | List of information related to the service, not included in other attributes (e.g. coverage area, radiated power, G/T, Quality of Service, deployment time, training, technical support, installation services options, overall latency of the service, polarisation etc.) |
| User equipment | Fixed/Deployable/Mobile |
| User equipment provision | Yes/No

  Note: The user shall be presented a list of compatible user equipment with their technical information (e.g. Manual/Automatic pointing capability), in order to be selected by the user as needed. |
| Maximum time of service disruption | In hours

  Note: Decimal points are supported for the definition of subdivision of the hour |
| Link status service | Yes/No |
| Connection to terrestrial networks | Yes/No

  Note: In case of ‘Yes’ the terrestrial network(s) for which connectivity is provided are listed |

Primary attributes

[Maximum] Latency

Round Trip Transmission delay in ms (milliseconds)

Throughput*

Peak information rate in Mbps (megabits per second)

Symmetric service

Yes/No

Note: A symmetric service has the same attributes’ values for the forward and return links

Note: in case of negative reply, Forward (FWD)/Return (RTN) link throughput should be identified

Coverage type

Regional/Global/Spot

Minimum Availability

Service minimum availability (% of time per month)

Security level

Enhanced/Robust/Assured

Secondary attributes

Committed Information Rate*

Committed information rate in Mbps

Service area

List of available geographical areas for the provision of the service as in Figure 1

Service specific information

List of information related to the service, not included in other attributes (e.g. coverage area, radiated power, G/T, Quality of Service, deployment time, training, technical support, installation services options, overall latency of the service, polarisation etc.)

User equipment

Fixed/Deployable/Mobile

User equipment provision

Yes/No

Note: The user shall be presented a list of compatible user equipment with their technical information (e.g. Manual/Automatic pointing capability), in order to be selected by the user as needed.

Maximum time of service disruption

In hours

Note: Decimal points are supported for the definition of subdivision of the hour

Link status service

Yes/No

Connection to terrestrial networks

Yes/No

Note: In case of ‘Yes’ the terrestrial network(s) for which connectivity is provided are listed

Table 2

Anchored capacity service

| Primary attributes |
| --- |
| Maximum Latency | Round Trip Transmission delay in ms |
| Bandwidth* | Capacity in MHz |
| Symmetric service | Yes/No

  Note: A symmetric service has the same attributes’ values for the forward and return links


  Note: in case of negative reply FWD/RTN link throughput should be identified |
| Coverage type | Regional/Global/Spot |
| Frequency band | HF-VHF-UHF/L/S/C/X/Ku/Ka/Ka Gov/V/Q |
| Frequency service type | FSS/MSS/BSS |
| Minimum Availability | Service minimum availability (% of time per month) |
| Security level | Enhanced/Robust/Assured |
| Secondary attributes |
| Service area | List of available geographical areas for the provision of the service as in Figure 1 |
| Anchoring station interface | Interface description used for the connection of user provided equipment to the anchoring station |
| Additional anchoring capabilities | Yes/No

  Note: In case of ‘Yes’ the additional anchoring capabilities are listed (e.g. Multiprotocol Label Switching, ethernet connectivity etc.) |
| Service specific information | List of information related to the service, not included in other attributes (e.g coverage area, radiated power, G/T, Quality of Service, deployment time, training, technical support, installation services options, overall latency of the service, polarization etc.) |
| User equipment | Fixed/Deployable/Mobile |
| User equipment provision | Yes/No

  Note: The user shall be presented a list of compatible user equipment with their technical information (e.g. Manual/Automatic pointing capability), in order to be selected by the user as needed. |
| Maximum time of service disruption | In hours

  Note: Decimal points are supported for the definition of subdivision of the hour |
| Link status service | Yes/No |

Primary attributes

Maximum Latency

Round Trip Transmission delay in ms

Bandwidth*

Capacity in MHz

Symmetric service

Yes/No

Note: A symmetric service has the same attributes’ values for the forward and return links

Note: in case of negative reply FWD/RTN link throughput should be identified

Coverage type

Regional/Global/Spot

Frequency band

HF-VHF-UHF/L/S/C/X/Ku/Ka/Ka Gov/V/Q

Frequency service type

FSS/MSS/BSS

Minimum Availability

Service minimum availability (% of time per month)

Security level

Enhanced/Robust/Assured

Secondary attributes

Service area

List of available geographical areas for the provision of the service as in Figure 1

Anchoring station interface

Interface description used for the connection of user provided equipment to the anchoring station

Additional anchoring capabilities

Yes/No

Note: In case of ‘Yes’ the additional anchoring capabilities are listed (e.g. Multiprotocol Label Switching, ethernet connectivity etc.)

Service specific information

List of information related to the service, not included in other attributes (e.g coverage area, radiated power, G/T, Quality of Service, deployment time, training, technical support, installation services options, overall latency of the service, polarization etc.)

User equipment

Fixed/Deployable/Mobile

User equipment provision

Yes/No

Note: The user shall be presented a list of compatible user equipment with their technical information (e.g. Manual/Automatic pointing capability), in order to be selected by the user as needed.

Maximum time of service disruption

In hours

Note: Decimal points are supported for the definition of subdivision of the hour

Link status service

Yes/No

Table 3

Raw capacity service

| Primary attributes |
| --- |
| Maximum Latency | Round Trip Transmission delay in ms |
| Bandwidth* | Capacity in MHz |
| Symmetric service | Yes/No

  Note: A symmetric service has the same attributes’ values for the forward and return links


  Note: in case of negative reply FWD/RTN link throughput should be identified |
| Coverage type | Regional/Global/Spot |
| Frequency band | HF-VHF-UHF/L/S/C/X/Ku/Ka/Ka Gov/V/Q |
| Frequency service type | FSS/MSS/BSS |
| Minimum Availability | Service minimum availability (% of time per month) |
| Security level | Enhanced/Robust/Assured |
| Secondary attributes |
| Service area | List of available geographical areas for the provision of the service as in Figure 1 |
| Service specific information | List of information related to the service, not included in other attributes (e.g. coverage area, radiated power, G/T, Quality of Service, deployment time, training, technical support, installation services options, overall latency of the service, polarisation etc.) |
| User equipment | Fixed/Deployable/Mobile |
| User equipment provision | Yes/No

  Note: The user shall be presented a list of compatible user equipment with their technical information (e.g. Manual/Automatic pointing capability), in order to be selected by the user as needed. |
| Maximum time of service disruption | In hours

  Note: Decimal points are supported for the definition of subdivision of the hour |
| Link status service | Yes/No |

Primary attributes

Maximum Latency

Round Trip Transmission delay in ms

Bandwidth*

Capacity in MHz

Symmetric service

Yes/No

Note: A symmetric service has the same attributes’ values for the forward and return links

Note: in case of negative reply FWD/RTN link throughput should be identified

Coverage type

Regional/Global/Spot

Frequency band

HF-VHF-UHF/L/S/C/X/Ku/Ka/Ka Gov/V/Q

Frequency service type

FSS/MSS/BSS

Minimum Availability

Service minimum availability (% of time per month)

Security level

Enhanced/Robust/Assured

Secondary attributes

Service area

List of available geographical areas for the provision of the service as in Figure 1

Service specific information

List of information related to the service, not included in other attributes (e.g. coverage area, radiated power, G/T, Quality of Service, deployment time, training, technical support, installation services options, overall latency of the service, polarisation etc.)

User equipment

Fixed/Deployable/Mobile

User equipment provision

Yes/No

Note: The user shall be presented a list of compatible user equipment with their technical information (e.g. Manual/Automatic pointing capability), in order to be selected by the user as needed.

Maximum time of service disruption

In hours

Note: Decimal points are supported for the definition of subdivision of the hour

Link status service

Yes/No

| *: | In the case of non-symmetric service this attribute shall accept two values; one for the forward (satellite to user) link and one for the return (user to satellite) link. |
| --- | --- |

*:

Figure 1

GOVSATCOM Service Areas

Image 1L1412023EN3810120230522EN0004.0001401401DRAFTDECISION No 1/... OF THE EU-JAPAN JOINT COMMITTEE ESTABLISHED BY THE AGREEMENT ON CIVIL AVIATION SAFETY BETWEEN THE EUROPEAN UNION AND JAPANof ...adopting its rules of procedureTHE EU-JAPAN JOINT COMMITTEE,Having regard to the Agreement on Civil Aviation Safety between the European Union and Japan, and in particular Article 11(3) thereof,HAS ADOPTED THIS DECISION:Item 1The rules of procedure of the Joint Committee annexed to this Decision are hereby adopted.Item 2This Decision will become applicable on the day of its adoption.Done at ...,For the European UnionFor Japan

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ANNEX II

Predefined service profiles

| Enhanced pooled service |
| --- |
| Communication category | End-to-end Service |
| Maximum Latency | 600 ms |
| Throughput | 10 Mbps |
| Coverage | Regional |
| Minimum Availability | 99,5  % |
| Security level | Enhanced services, which provide a very high degree of availability and resilience, and a high degree of confidentiality, integrity and availability. |

Enhanced pooled service

Communication category

End-to-end Service

Maximum Latency

600 ms

Throughput

10 Mbps

Coverage

Regional

Minimum Availability

99,5  %

Security level

Enhanced services, which provide a very high degree of availability and resilience, and a high degree of confidentiality, integrity and availability.

| Robust pooled service |
| --- |
| Communication category | End-to-end Service |
| Maximum Latency | 600 ms |
| Throughput | 10 Mbps |
| Coverage | Regional |
| Minimum Availability | 99,5  % |
| Security level | Robust services, which provide a high degree of availability and resilience, and a high degree of confidentiality, integrity and availability. |

Robust pooled service

Communication category

End-to-end Service

Maximum Latency

600 ms

Throughput

10 Mbps

Coverage

Regional

Minimum Availability

99,5  %

Security level

Robust services, which provide a high degree of availability and resilience, and a high degree of confidentiality, integrity and availability.

| Assured pooled service |
| --- |
| Communication category | End-to-end Service |
| Maximum Latency | 600 ms |
| Throughput | 10 Mbps |
| Coverage | Regional |
| Minimum Availability | 98  % |
| Security level | Assured services, which provide a lower degree of robustness and resilience, and a lower degree of confidentiality, integrity and availability. |

Assured pooled service

Communication category

End-to-end Service

Maximum Latency

600 ms

Throughput

10 Mbps

Coverage

Regional

Minimum Availability

98  %

Security level

Assured services, which provide a lower degree of robustness and resilience, and a lower degree of confidentiality, integrity and availability.

The security levels are defined in Implementing Decision C(2023)3204 of 30 May 2023.

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| 31.5.2023 | EN | Official Journal of the European Union | L 141/57 |
| --- | --- | --- | --- |

31.5.2023

EN

Official Journal of the European Union

L 141/57

---

COMMISSION IMPLEMENTING DECISION (EU) 2023/1055

of 30 May 2023

setting out the rules on the sharing and prioritisation of satellite communication capacities, services, and user equipment to fulfil the function referred to in Article 66(2) of Regulation (EU) 2021/696 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) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (1) and in particular Article 66(2) thereof,

Whereas:

| (1) | Article 62 of Regulation (EU) 2021/696 provides that under the GOVSATCOM component, satellite communication capacities and services shall be combined into a common Union pool of satellite communication capacities and services, with appropriate security requirements. |
| --- | --- |

(1)

Article 62 of Regulation (EU) 2021/696 provides that under the GOVSATCOM component, satellite communication capacities and services shall be combined into a common Union pool of satellite communication capacities and services, with appropriate security requirements.

| (2) | Pursuant to Article 66(2) of Regulation (EU) 2021/696 the Commission is to adopt, by means of implementing acts, the detailed rules on the sharing and prioritisation of satellite communication capacities, services, and user equipment, taking into account expected demand for the different GOVSATCOM use-cases, the analysis of security risks for those use-cases and, where appropriate, cost-efficiency. |
| --- | --- |

(2)

Pursuant to Article 66(2) of Regulation (EU) 2021/696 the Commission is to adopt, by means of implementing acts, the detailed rules on the sharing and prioritisation of satellite communication capacities, services, and user equipment, taking into account expected demand for the different GOVSATCOM use-cases, the analysis of security risks for those use-cases and, where appropriate, cost-efficiency.

| (3) | The sharing and prioritization should provide fair and optimized use of the available GOVSATCOM resources, tailored to the needs of each participant. In order to ensure the best match between supply and demand for GOVSATCOM services, there is a need to base the availability of services on the supply and demand of pooled and shared satellite capacities and services procured. |
| --- | --- |

(3)

The sharing and prioritization should provide fair and optimized use of the available GOVSATCOM resources, tailored to the needs of each participant. In order to ensure the best match between supply and demand for GOVSATCOM services, there is a need to base the availability of services on the supply and demand of pooled and shared satellite capacities and services procured.

| (4) | Resources of resource providers should be pooled into a Common Union pool. The sharing and prioritization should provide mechanisms for the allocation of services to participants according to their needs for GOVSATCOM services. Therefore, the Common Union pool should be divided into a fixed allocation and a dynamic allocation. Guaranteed provision of services is supported through fixed allocation of services per participant, while unplanned needs are supported through dynamic allocation of services. A volume of resources should be included as crisis margin in the Common Union Pool, in order to support the provision of services for unplanned, urgent and high priority needs of any participant. |
| --- | --- |

(4)

Resources of resource providers should be pooled into a Common Union pool. The sharing and prioritization should provide mechanisms for the allocation of services to participants according to their needs for GOVSATCOM services. Therefore, the Common Union pool should be divided into a fixed allocation and a dynamic allocation. Guaranteed provision of services is supported through fixed allocation of services per participant, while unplanned needs are supported through dynamic allocation of services. A volume of resources should be included as crisis margin in the Common Union Pool, in order to support the provision of services for unplanned, urgent and high priority needs of any participant.

| (5) | The sharing and prioritization should support different priorities of participant requests for GOVSATCOM services and implement appropriate mechanisms for their processing. A GOVSATCOM services compensation mechanism should be foreseen in order to facilitate the efficient use of resources and avoid market distortions. To that effect, a system of tokens should be established with compensation values based on the level of priority of the requests. The possibility for buying additional tokens or donating tokens to another participant should also be foreseen. |
| --- | --- |

(5)

The sharing and prioritization should support different priorities of participant requests for GOVSATCOM services and implement appropriate mechanisms for their processing. A GOVSATCOM services compensation mechanism should be foreseen in order to facilitate the efficient use of resources and avoid market distortions. To that effect, a system of tokens should be established with compensation values based on the level of priority of the requests. The possibility for buying additional tokens or donating tokens to another participant should also be foreseen.

| (6) | The total number of tokens available based on the available budget should be divided in the Member States’ total share, the EU institution’s share and a crisis margin. |
| --- | --- |

(6)

The total number of tokens available based on the available budget should be divided in the Member States’ total share, the EU institution’s share and a crisis margin.

| (7) | The pooled resources should be allocated to services according to the service requests of participants that reach the GOVSATCOM hub. To that effect each participant should determine the relevance of its users and the criticality of its request. |
| --- | --- |

(7)

The pooled resources should be allocated to services according to the service requests of participants that reach the GOVSATCOM hub. To that effect each participant should determine the relevance of its users and the criticality of its request.

| (8) | To ensure the smooth processing of service requests the GOVSATCOM hub should perform matchmaking of the service request with the resources of the pool. In cases where service requests cannot be matched with the available resources of the pool a conflict resolution mechanism should be foreseen. |
| --- | --- |

(8)

To ensure the smooth processing of service requests the GOVSATCOM hub should perform matchmaking of the service request with the resources of the pool. In cases where service requests cannot be matched with the available resources of the pool a conflict resolution mechanism should be foreseen.

| (9) | The measures provided for in this Decision are in accordance with the opinion of the committee established under Article 107 of the Regulation (EU) 2021/696, |
| --- | --- |

(9)

The measures provided for in this Decision are in accordance with the opinion of the committee established under Article 107 of the Regulation (EU) 2021/696,

HAS ADOPTED THIS DECISION:

Article 1

Scope

(1)   This Decision set outs the GOVSATCOM sharing and prioritization rules for the inclusion of resources to a Common Union Pool and the sharing of services among the participants.

(2)   This Decision applies to the GOVSATCOM services as defined in the Commission Implementing Decision (EU) 2023/1054 (2). Users interact with the GOVSATCOM Hub through the respective competent GOVSATCOM authority (CGA).

Article 2

Definitions

(1)   Allocated resource: A resource allocated to a service for specific time period, according to the relevant service request.

(2)   Available resource: A resource which is not allocated to a service for specific time period.

(3)   Common Union pool or pool: The pool of resources which are made available to GOVSATCOM through contracts or agreements with resource providers.

(4)   Compensation: Payment mechanism based on tokens.

(5)   Competent GOVSATCOM Authority (CGA): The entity designated by a participant in accordance with Article 68(4) of Regulation (EU) 2021/696 to perform the tasks referred to in Article 68(5).

(6)   Conflict: The situation where the volume of a certain resource in the pool is lower than the aggregated volume needed by service requests for a specific time period; thus, service requests conflict over the same resource.

(7)   Crisis margin: The resources of the pool which remain available for dynamic allocation in case of high priority request(s) for which no matching and available resources are found in the other parts of the pool.

(8)   Dynamic allocation: The allocation of services and resources to a participant according to its users’ service requests which are issued during a Pool Programming Term (PPT).

(9)   Fixed allocation: The allocation of services and resources for the whole PPT according to the expressed plan of each participant, before the starting date of the PPT.

(10)   GOVSATCOM services or services: The services included in the GOVSATCOM service portfolio.

(11)   GOVSATCOM Hub services: The services which are provided by the GOVSATCOM Hub to support the operation of the GOVSATCOM system. GOVSATCOM Hub services support, such as the selection, the booking, the establishment, the provision of GOVSATCOM services, the allocation and the deallocation of resources etc. and which are not included in the GOVSATCOM service portfolio.

(12)   GOVSATCOM system: The system which includes the GOVSATCOM Hub(s), the GOVSATCOM Security Monitoring Infrastructure, the interfaces between the GOVSATCOM Hub(s) and the Competent GOVSATCOM Authorities, the interfaces between the GOVSATCOM Hub(s) and the resource providers, and any other EU-owned infrastructure necessary to enable the provision of satellite capacities and services pooled and shared by resource providers and made available to GOVSATCOM users.

(13)   Participant’s account: The account of the participant which holds its tokens.

(14)   Participant share: The share of pool’s resources corresponding to a GOVSATCOM participant. The share is expressed in tokens.

(15)   Pool Programmatic Term (PPT): The fixed time period for which contracts or agreements have been concluded between the Commission and resource providers for the inclusion of their resources to the Common Union pool.

(16)   Pre-Emption: The drop, interruption or downgrading of a service due to conflict resolution.

(17)   Resource: Satellite communication capacity, service, asset, user equipment used for the provision of services identified in the Service Portfolio Implementing Acts [ref.] which are allocated to the GOVSATCOM participants in the form of services.

(18)   Resource provider: An entity referred to in Article 64 of Regulation (EU) 2021/696 providing resources to the Common Union pool, through contracts or agreements with the Union, which owns and/or operates the space systems and the associated ground segment and networks.

(19)   Resource request: The request issued by the GOVSATCOM Hub to a resource provider with the purpose to allocate/deallocate pooled resources.

(20)   Service request: The request issued by a CGA to the GOVSATCOM Hub with the purpose to confirm availability of resources and proceed to their allocation for the provision of a service.

(21)   Token: The unit used for payment (compensation) of GOVSATCOM Services.

Article 3

Common Union Pool

(1)   GOVSATCOM services shall be made available to participants by the inclusion of resources of resource providers in a pool.

(2)   The resources of the pool shall be made available through contracts or agreements concluded between the Commission and resource providers during one Pool Programmatic Term (PPT) for each of the parts of the pool.

(3)   The pool shall consist of four (4) parts:

| (a) | fixed allocation part which includes the resources for the provision of fixed allocation services to the participants in accordance with Article 6; |
| --- | --- |

(a)

fixed allocation part which includes the resources for the provision of fixed allocation services to the participants in accordance with Article 6;

| (b) | dynamic allocation pre-paid part which includes the resources for the provision of services requested through the pre-paid dynamic allocation mechanism in accordance with Articles 7 and 8; |
| --- | --- |

(b)

dynamic allocation pre-paid part which includes the resources for the provision of services requested through the pre-paid dynamic allocation mechanism in accordance with Articles 7 and 8;

| (c) | dynamic allocation on-demand part which includes the resources for the provision of services requested through the on demand dynamic allocation mechanism in accordance with Articles 7 and 8; |
| --- | --- |

(c)

dynamic allocation on-demand part which includes the resources for the provision of services requested through the on demand dynamic allocation mechanism in accordance with Articles 7 and 8;

| (d) | crisis margin part which includes resources for the provision of services in case of dynamic high priority requests when the resources of other parts of the pool are not sufficient, in accordance with Article 7. |
| --- | --- |

(d)

crisis margin part which includes resources for the provision of services in case of dynamic high priority requests when the resources of other parts of the pool are not sufficient, in accordance with Article 7.

(4)   The Commission shall communicate to the participants their shares, the available services and related attributes for the next PPT along with their values in tokens, the latest 30 weeks before the starting date of the PPT.

(5)   The first PPT shall start at the entry into service of the GOVSATCOM hub, and its duration shall be of two years. Once a PPT expires, another PPT shall start for the same duration.

Article 4

GOVSATCOM services compensation, tokens and accounts

(1)   GOVSATCOM services shall be shared and prioritised between users through the form of a compensation using tokens.

(2)   The basis compensation value of a service shall be the sum of the compensations which are given to the resource providers to make available the needed resources for the provision of the service with the specific attributes and duration indicated in the respective service request. The compensation value of a service shall be a) 80 % of its basis compensation value in case of low priority requests, b) 100 % of its basis compensation value in case of medium priority requests c) 130 % of its basis compensation value in case of high priority requests.

(3)   Each participant shall have its participant account which holds its tokens. Each participant account shall be split in two parts: a) the pre-paid and b) the pay-on-demand parts, which are used for the compensation of services requested using dynamic allocation pre-paid or pay-on-demand mechanisms respectively.

The splitting of participant’s tokens in each part of the account shall be set by the participant before the starting date of the PPT referred to in Article 6 and the tokens shall not be transferred from one part to the other during the PPT.

The remaining tokens in the pre-paid part of the account shall be cleared at the end of the PPT according to paragraph 6.

The GOVSATCOM hub maintains participants’ accounts.

(4)   During a PPT a participant may use euros to buy additional tokens through the Commission according to the conversion ratio of tokens to euros defined for that PPT.

The Commission shall inform the GOVSATCOM hub and the additional tokens shall be added to the pay-on-demand part of the respective participant account.

(5)   A participant may donate tokens from its account to another participant.

The transfer of the tokens from one participant’s account to another shall be requested from the donating participant’s CGA to the GOVSATCOM hub and the acceptance of the donation from the CGA of the receiving participant.

Tokens shall be transferred from the same part of the donating participant account (the pre-paid or on demand part) to the same part of the receiving participant’s account.

A participant may donate tokens from its share for fixed allocation of services in accordance with Article 6 to another participant, informing the Commission.

(6)   The number of tokens available for each participant in the pre-paid part of its account shall be cleared at the end of the PPT and the number of tokens in the pre-paid part of all participants’ accounts shall be set to zero.

(7)   Each resource provider shall receive compensation in euros for each successfully delivered service using its resources, according to its agreement or contract with the Commission.

Article 5

Participants’ shares

(1)   The Commission shall define the total number of tokens to be distributed for the next PPT according to the available budget and to the conditions of the contracts and agreements referred to in Article 3(2). These tokens shall be made available to the GOVSATCOM participants in accordance with the rules established in paragraphs 2 to 5.

(2)   The total number of tokens shall be divided in three parts:

| (a) | the Member States total share, which is set to 75 % of the total number of tokens; |
| --- | --- |

(a)

the Member States total share, which is set to 75 % of the total number of tokens;

| (b) | the Crisis margin, which is set to 10 % of the total number of tokens; |
| --- | --- |

(b)

the Crisis margin, which is set to 10 % of the total number of tokens;

| (c) | the EU institutions total share which is set to 15 % of the total number of tokens. |
| --- | --- |

(c)

the EU institutions total share which is set to 15 % of the total number of tokens.

(3)   The Member States total share shall be further divided into the shares of the Member States. Each Member State shall receive a percentage (in tokens) of the Member States total share proportional to the number of its votes in the Council. The number of tokens received by each Member State shall be the participant share for the respective Member State for the next PPT.

If a Member State has not nominated its competent GOVSATCOM authority at least 32 weeks before the starting date of the PPT its tokens shall be distributed among the Member States which have nominated their CGA pro rata their share.

(4)   The EU institutions total share shall be further divided into the shares of EU institutions. Each EU institution shall receive a percentage (in tokens) of the EU institutions total share according to the EU institution sharing plan to be defined by the Commission for each PPT. The number of tokens received by each EU institution shall be the participant share for the respective EU institution for the next PPT.

If an EU institution has not nominated its competent GOVSATCOM authority at least 32 weeks before the starting date of the PPT its tokens shall be distributed among the EU institutions which have nominated their CGA pro rata their share in the EU institution sharing plan.

(5)   The tokens of each participant share for a new PPT shall be added to the tokens which may have been left in the respective participant’s account pay-on-demand part at the end of the previous PPT. Before this addition, the remaining tokens in participant’s account pay-on-demand part shall be converted to tokens for the new PPT according to the conversion ratio of tokens to euros for the new PPT.

Article 6

Resources for fixed allocation of services

(1)   Each participant shall select the services to be allocated to it through fixed allocation. The aggregate value of the selected services shall not exceed the number of tokens of its account.

On this basis, the participants shall prepare a plan consisting of:

| (a) | the service requests for the selected services; and |
| --- | --- |

(a)

the service requests for the selected services; and

| (b) | the splitting of participant’s remaining tokens into the pre-paid and the pay-on-demand parts of its account. |
| --- | --- |

(b)

the splitting of participant’s remaining tokens into the pre-paid and the pay-on-demand parts of its account.

The plan shall be sent by the participant to the GOVSATCOM hub, the latest 20 weeks before the starting date of the PPT.

(2)   On reception of the plans referred to in paragraph 1, the GOVSATCOM hub shall aggregate the resources which are needed for the requested services and communicate them to the Commission the latest 18 weeks before the starting date of the PPT.

The Commission shall conclude the respective contracts or agreements with the resource providers for the resources needed for fixed allocation of services.

The Commission shall communicate the contracts and agreements with the resource providers to the GOVSATCOM Hub the latest 10 weeks before the starting date of the PPT.

The GOVSATCOM hub shall assess the availability of the resources needed for fixed allocation of services and in case some of the requested services cannot be provided due to lack of sufficient resources from the resource providers or any other reason, the GOVSATCOM hub shall drop the respective service request in accordance to Article 11(4).

The tokens related to the dropped service shall remain for use in the dynamic parts of the account of the affected participant.

(3)   The GOVSATCOM hub shall inform the participants for the services that will be made available to them through fixed allocation and according to the plan of each participant at the latest 6 weeks before the starting date of the PPT.

The number of tokens of each participant shall be decreased by the total value of the services which have been made available to this participant through the fixed allocation mechanism and the number of tokens remaining in the participant’s account is communicated to each participant.

(4)   Following the conclusion of the contracts or agreements for fixed allocation of services and their enter into force, the respective resources shall be included in the corresponding part of the pool.

Article 7

Resources for dynamic allocation of services and crisis management part

(1)   The remaining number of tokens in the participant’s account maybe used by the participant to issue service requests for dynamic allocation of services. Each participant shall define the split of its remaining tokens to the pre-paid and on-demand parts of its account, the latest 4 weeks before the starting date of the PPT, and shall inform the GOVSATCOM hub.

(2)   The contracts or agreements with providers referred to in Article 3(2) shall include resources in the Common Union pool to be made available through the dynamic allocation pre-paid mechanism during the PPT.

(3)   The contracts or agreements with providers referred to in Article 3(2) shall also include resources in the pool that are reserved in case of crisis (‘crisis margin’). The use of such resources shall be reserved to request(s) issued with high priority in accordance with Article 9 for which no matching and available resources are found in the other parts of the pool.

(4)   Following the conclusion of the contracts or agreements for dynamic allocation of services and subject to the provisions of paragraph 7, the respective resources shall be included in the corresponding parts of the pool. The total value of these contracts or agreements shall not exceed the total number of tokens available for crisis margin and pre-paid dynamic allocation of services during the PPT.

(5)   The Commission shall take into account the services which have been requested by the participants for fixed allocation, for the selection of resources which shall be included in the pool for pre-paid dynamic allocation and crisis margin.

(6)   The Commission shall conclude contracts or agreements with resource providers for the inclusion of resources to the dynamic allocation on-demand part of the pool through the dynamic allocation pay-on-demand mechanism. Such contracts or agreements may be concluded also during the duration of the PPT.

(7)   Following the conclusion of the contracts or agreements referred in paragraphs 2 and 3 the resources shall be included in the dynamic allocation pre-paid part, dynamic allocation on-demand part, and crisis margin part of the common Union pool, upon the entering into force of the respective contract or agreement between the Commission and the respective resource provider.

(8)   Resources shall be excluded from the common Union pool upon the termination of the respective contract or agreement.

Article 8

Activation of the dynamic allocation services

(1)   During a PPT each CGA may request services using the dynamic allocation mechanism.

(2)   The dynamic allocation of services shall be performed through the issuance of service requests in accordance with Articles 9 and 10. The service requests for the dynamic allocation of services shall be made through either a pre-paid service request or a pay-on-demand service request.

(3)   Each CGA shall define the proportion between the pre-paid and the pay-on-demand parts of the tokens assigned to the dynamic allocation services prior to the beginning of each PPT.

(4)   The service requests shall be issued by the CGA of the participant towards the GOVSATCOM hub.

Article 9

Service requests

(1)   Each participant shall determine the relevance of its users on the basis of a scale which goes from 0 to 2.

(2)   Each user should determine the criticality of its request (3) on the basis of a scale which goes from 0 to 2 and shall inform its CGA accordingly.

(3)   The priority of a service request shall be determined on the basis of user relevance and the criticality of the request. The priority score is determined by the product of the relevance and criticality in accordance to the rule defined in the Annex.

(4)   Every service request issued by the CGA to the GOVSATCOM hub shall include the priority score referred to in paragraph 3. The range of priority score shall be from zero (0) to four (4) and maps to three priority levels: i) low priority for priority score equal to zero, ii) medium priority for priority scores higher than zero and lower than four, iii) high priority for priority score equal to four.

Every dynamic allocation service request shall identify the sub-category to which it belongs: i) pre-paid or ii) pay-on-demand.

The service request shall also include the identifier of the respective participant.

(5)   The sharing and prioritisation procedure and rules between GOVSATCOM users which are authorised by a same participant shall be determined by that participant and implemented by its CGA.

(6)   High priority service requests shall include a persistency option of 30 days. The processing of the high priority service requests with the activated persistency option follows the provisions of Article 10. As long as no resources have been allocated to the service request yet and the persistency option is activated, the GOVSATCOM hub performs regular match making of the service request against the available resources of the pool. In case new matching resources are found in the pool the GOVSATCOM hub updates the service proposal and forwards it to the user through the respective CGA.

(7)   A CGA may request the cancellation of a dynamically allocated service by issuing a service cancellation request to the GOVSATCOM hub. The processing of the service cancellation request is performed according to Article 10(5).

Article 10

Service request processing

(1)   Upon the reception of a service request, the GOVSATCOM hub shall assess its validity and completeness, in accordance with the provisions of Article 9 and Implementing Decision (EU) 2023/1054. The GOVSATCOM hub shall reject invalid or incomplete requests and the issuer shall be informed.

(2)   The GOVSATCOM hub shall perform match making of the service request against the resources of the pool. The match making of dynamic allocation pre-paid service requests shall be performed with the resources of the dynamic allocation pre-paid part of the pool. The match making of dynamic allocation on-demand service requests shall be performed with the resources of the dynamic allocation on-demand part of the pool and the availability of resources shall be confirmed by the resource providers from the service activation date until the service deactivation date. The following cases shall be identified according to the results of match making:

| (a) | no matching resources found in the pool, the service request shall be rejected and the issuer shall be informed; |
| --- | --- |

(a)

no matching resources found in the pool, the service request shall be rejected and the issuer shall be informed;

| (b) | matching and available resources are found in the pool, the available service options including their respective compensation values in tokens shall be forwarded as a service proposal from the GOVSATCOM Hub through the CGA to the user, for its ranking; |
| --- | --- |

(b)

matching and available resources are found in the pool, the available service options including their respective compensation values in tokens shall be forwarded as a service proposal from the GOVSATCOM Hub through the CGA to the user, for its ranking;

| (c) | all matching resources in the pool are allocated to prior service request(s). If the priority of the service request is low or medium, the service request shall be dropped and the issuer is informed. If the priority of the service request is high then the conflict resolution mechanism is activated in accordance with Article 11. If the conflict resolution mechanism returns matching resources, the issuer shall be notified according to paragraph (b); if no matching resources are found, the service request shall be dropped and the issuer shall be informed. |
| --- | --- |

(c)

all matching resources in the pool are allocated to prior service request(s). If the priority of the service request is low or medium, the service request shall be dropped and the issuer is informed. If the priority of the service request is high then the conflict resolution mechanism is activated in accordance with Article 11. If the conflict resolution mechanism returns matching resources, the issuer shall be notified according to paragraph (b); if no matching resources are found, the service request shall be dropped and the issuer shall be informed.

(3)   The user shall rank the services options of the proposal in order of preference and shall submit them to the GOVSATCOM Hub through the respective CGA for the allocation of the corresponding resources.

In case of an invalid selection, the service request shall be rejected and the issuer shall be informed.

(4)   Subject to the availability of sufficient tokens in the pre-paid or pay-on-demand part of participant’s account according to the sub-category of the dynamic service request, the GOVSATCOM hub shall issue a resource request to the resource provider of the highest ranked service option of the service proposal, according to the ranking provided by the CGA.

In case of rejection of the resource request by the resource provider, the GOVSATCOM hub shall issue a resource request to the resource provider of the next preferred service option. The issuance of resource requests shall continue until the confirmation from a resource provider that the requested resources are available for allocation, or the rejection of all resource requests by the resource providers. Where a resource provider has confirmed that a resource is available, the GOVSATCOM hub shall proceed to the allocation of the resources and the subtraction of the value of the service from the tokens of the respective participant account. Where all resource requests are rejected by the resource providers the service request is dropped. In both cases the GOVSATCOM hub shall notify the issuer of the service request status.

(5)   The GOVSATCOM hub upon the reception of a service cancellation request by a CGA, deallocates the resources which have been allocated for the provision of the service and makes them available to the pool. The participant may receive refund of the tokens used for the compensation of the resources, according to the terms and conditions agreed with the resource provider.

Article 11

Conflict resolution

(1)   Conflict resolution shall be activated by the GOVSATCOM hub in order to resolve conflicts between requests with different priority scores as referred to in Article 9(2).

(2)   If a high priority service request conflicts with one or more low priority service requests, and under the condition that the pre-emption of low priority service requests will free sufficient resources which match the high priority service request, the respective low priority service requests shall be marked for pre-emption and the relevant service options shall be included in the service proposal.

Subject to the ranking of the service options and the availability of tokens, the appropriate low priority service request(s) shall be dropped and the related active service(s) shall be pre-empted.

The CGA(s) whose service(s) are to be pre-empted are informed of the pre-emption as soon as possible after the decision on the pre-emption is made. The value of the pre-empted service for the time during which the service will not be available due to pre-emption shall be returned to the respective participant account and the participant shall be notified.

(3)   In case the application of the procedure of paragraph 2 does not find matching resources, the GOVSATCOM Hub shall perform match making of the high priority service request with the resources of the crisis margin part of the pool. If matching and available resources are found, the relevant service options shall be included in the service proposal.

(4)   In case of non-sufficient resources from resources providers for the provision of the requested services referred to in Article 6, the conflict resolution mechanism shall be based on the priorities of the service requests.

Where service requests of the same priority are conflicting, the priority shall be given to the service request that is the continuation of a service already provided to the requesting participant at the end of the previous PPT where applicable.

Where service requests of the same priority are conflicting and none of them is a continuation of an already provided service to the requesting participant, the GOVSATCOM hub shall compare the values of the conflicting services as percentage of the respective participant’s share and give the priority to the service request corresponding to the higher percentage.

Article 12

Entry into force

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

Done at Brussels, 30 May 2023.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  OJ L 170, 12.5.2021, p. 69.

1

(2)  Commission Implementing Decision (EU) 2023/1054 of 30 May 2023 laying down rules for the application of Regulation (EU) 2021/696 of the European Parliament and of the Council as regards the service portfolio for the Governmental Satellite Communications services offered by the system established under the Union Space Programme (see page 49 of this Official Journal).

2

(3)  The Commission will make available a guidance document on the assessment of user relevance and the criticality of service requests.

3

---

ANNEX

Table

Priority score as product of user relevance and criticality of service request

| | User relevance |
| --- | --- |
| 0 | 1 | 2 |
| Criticality of service request | 0 | 0 (LOW) | 0 (LOW) | 0 (LOW) |
| 1 | 0 (LOW) | 1 (MEDIUM) | 2 (MEDIUM) |
| 2 | 0 (LOW) | 2 (MEDIUM) | 4 (HIGH) |

User relevance

0

1

2

Criticality of service request

0

0 (LOW)

0 (LOW)

0 (LOW)

1

0 (LOW)

1 (MEDIUM)

2 (MEDIUM)

2

0 (LOW)

2 (MEDIUM)

4 (HIGH)

---

Corrigenda

| 31.5.2023 | EN | Official Journal of the European Union | L 141/67 |
| --- | --- | --- | --- |

31.5.2023

EN

Official Journal of the European Union

L 141/67

---

Corrigendum to Council Decision (EU) 2023/992 of 16 May 2023 appointing 16 members of the Management Board of the European Chemicals Agency (ECHA)

(
  Official Journal of the European Union L 135 of 23 May 2023
  )

Council Decision (EU) 2023/992 should read as follows:

COUNCIL DECISION (EU) 2023/992

of 16 May 2023

appointing 16 members of the Management Board of the European Chemicals Agency (ECHA)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (1), and in particular Article 79 thereof,

Whereas:

| (1) | Article 79 of Regulation (EC) No 1907/2006 provides that the Council is to appoint one representative from each Member State as a member of the Management Board of the European Chemicals Agency (the ‘Management Board’). |
| --- | --- |

(1)

Article 79 of Regulation (EC) No 1907/2006 provides that the Council is to appoint one representative from each Member State as a member of the Management Board of the European Chemicals Agency (the ‘Management Board’).

| (2) | The members of the Management Board are to be appointed on the basis of their relevant experience and expertise in the fields of chemical safety or the regulation of chemicals, and on the basis that relevant expertise in the fields of general, financial and legal matters is available amongst board members. |
| --- | --- |

(2)

The members of the Management Board are to be appointed on the basis of their relevant experience and expertise in the fields of chemical safety or the regulation of chemicals, and on the basis that relevant expertise in the fields of general, financial and legal matters is available amongst board members.

| (3) | The term of office is four years and may be renewed once. |
| --- | --- |

(3)

The term of office is four years and may be renewed once.

| (4) | By its Decisions of 27 May 2019 (2) and of 6 May 2021 (3), the Council appointed 15 and 12 members of the Management Board respectively. |
| --- | --- |

(4)

By its Decisions of 27 May 2019 (2) and of 6 May 2021 (3), the Council appointed 15 and 12 members of the Management Board respectively.

| (5) | The members of the Management Board nominated by Germany, Cyprus, Lithuania, Malta, Romania, Bulgaria, Greece, Poland, Slovakia, Portugal, Latvia, Estonia, Belgium, Denmark, Ireland and France were appointed for a period ending on 31 May 2027. |
| --- | --- |

(5)

The members of the Management Board nominated by Germany, Cyprus, Lithuania, Malta, Romania, Bulgaria, Greece, Poland, Slovakia, Portugal, Latvia, Estonia, Belgium, Denmark, Ireland and France were appointed for a period ending on 31 May 2027.

| (6) | The Council has received nominations from all the Member States concerned, |
| --- | --- |

(6)

The Council has received nominations from all the Member States concerned,

HAS ADOPTED THIS DECISION:

Article 1

The following persons shall be appointed members of the Management Board for a second term running from 1 June 2023 to 31 May 2027:

| — | Ms Ingrid BORG, Malta; |
| --- | --- |

—

Ms Ingrid BORG, Malta;

| — | Ms Claudia-Sorina DUMITRU, Romania; |
| --- | --- |

—

Ms Claudia-Sorina DUMITRU, Romania;

| — | Ms Tasoula KYPRIANIDOU – LEONTIDOU, Cyprus; |
| --- | --- |

—

Ms Tasoula KYPRIANIDOU – LEONTIDOU, Cyprus;

| — | Ms Anna Katarzyna LEWANDOWSKA, Poland; |
| --- | --- |

—

Ms Anna Katarzyna LEWANDOWSKA, Poland;

| — | Ms Donata PIPIRAITĖ-VALIŠKIENĖ, Lithuania; |
| --- | --- |

—

Ms Donata PIPIRAITĖ-VALIŠKIENĖ, Lithuania;

| — | Ms Teodora VALKOVA, Bulgaria; |
| --- | --- |

—

Ms Teodora VALKOVA, Bulgaria;

| — | Mr. Axel Otto VORWERK, Germany; |
| --- | --- |

—

Mr. Axel Otto VORWERK, Germany;

| — | Ms Sofia ZISI, Greece. |
| --- | --- |

—

Ms Sofia ZISI, Greece.

Article 2

The following persons shall be appointed members of the Management Board for a first term running from 1 June 2023 to 31 May 2027:

| — | Ms Catheline Irène DANTINNE, Belgium; |
| --- | --- |

—

Ms Catheline Irène DANTINNE, Belgium;

| — | Ms Kristīne KAZEROVSKA, Latvia; |
| --- | --- |

—

Ms Kristīne KAZEROVSKA, Latvia;

| — | Ms Agnès LEFRANC, France; |
| --- | --- |

—

Ms Agnès LEFRANC, France;

| — | Ms Dília Maria LIMA JARDIM, Portugal; |
| --- | --- |

—

Ms Dília Maria LIMA JARDIM, Portugal;

| — | Ms Annemari LINNO, Estonia; |
| --- | --- |

—

Ms Annemari LINNO, Estonia;

| — | Ms Yvonne Marie MULLOOLY, Ireland; |
| --- | --- |

—

Ms Yvonne Marie MULLOOLY, Ireland;

| — | Ms Charlotta Amalia WALLENSTEIN, Denmark; |
| --- | --- |

—

Ms Charlotta Amalia WALLENSTEIN, Denmark;

| — | Ms Katarína ZGALINOVIČOVÁ, Slovakia. |
| --- | --- |

—

Ms Katarína ZGALINOVIČOVÁ, Slovakia.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 16 May 2023.

For the Council

The President

E. SVANTESSON

---

(1)  OJ L 396, 30.12.2006, p. 1.

1

(2)  Council Decision of 27 May 2019 appointing 15 members of the Management Board of the European Chemicals Agency (OJ C 185, 29.5.2019, p. 4).

2

(3)  Council Decision of 6 May 2021 appointing twelve members of the Management Board of the European Chemicals Agency (OJ C 185, 12.5.2021, p. 4).

3

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