# Official Journal L 47/2023

| | ISSN 1977-0677 |
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| Official Journal
  of the European Union | L 47 |
| | |
| English edition | Legislation | Volume 6615 February 2023 |

ISSN 1977-0677

Official Journal

of the European Union

L 47

English edition

Legislation

Volume 6615 February 2023

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Regulation (EU) 2023/331 of 14 February 2023 amending certain Council regulations concerning restrictive measures in order to insert provisions on a humanitarian exemption | 1 |
| | * | Commission Delegated Regulation (EU) 2023/332 of 11 July 2022 supplementing Regulation (EU) 2019/818 of the European Parliament and of the Council as regards determining cases where identity data are considered as same or similar for the purpose of the multiple identity detection | 6 |
| | * | Commission Delegated Regulation (EU) 2023/333 of 11 July 2022 supplementing Regulation (EU) 2019/817 of the European Parliament and of the Council as regards determining cases where identity data are considered as same or similar for the purpose of the multiple identity detection | 17 |
| | * | Commission Regulation (EU) 2023/334 of 2 February 2023 amending Annexes II and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for clothianidin and thiamethoxam in or on certain products (
  1
  ) | 29 |
| | * | Commission Implementing Regulation (EU) 2023/335 of 1 February 2023 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Robiola di Roccaverano (PDO)) | 46 |
| | * | Commission Implementing Regulation (EU) 2023/336 of 8 February 2023 approving amendments to the specification for a Protected Designation of Origin or a Protected Geographical Indication (Montefalco (PDO)) | 48 |
| | * | Commission Implementing Regulation (EU) 2023/337 of 8 February 2023 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name Terras do Navia (PGI) | 49 |
| | | DECISIONS |
| | * | Council Decision (CFSP) 2023/338 of 14 February 2023 amending certain Council decisions and common positions concerning restrictive measures in order to insert provisions on a humanitarian exemption | 50 |
| | * | Council Decision (CFSP) 2023/339 of 14 February 2023 amending Decision 2011/101/CFSP concerning restrictive measures in view of the situation in Zimbabwe | 55 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Council Regulation (EU) 2023/331 of 14 February 2023 amending certain Council regulations concerning restrictive measures in order to insert provisions on a humanitarian exemption

1

*

Commission Delegated Regulation (EU) 2023/332 of 11 July 2022 supplementing Regulation (EU) 2019/818 of the European Parliament and of the Council as regards determining cases where identity data are considered as same or similar for the purpose of the multiple identity detection

6

*

Commission Delegated Regulation (EU) 2023/333 of 11 July 2022 supplementing Regulation (EU) 2019/817 of the European Parliament and of the Council as regards determining cases where identity data are considered as same or similar for the purpose of the multiple identity detection

17

*

Commission Regulation (EU) 2023/334 of 2 February 2023 amending Annexes II and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for clothianidin and thiamethoxam in or on certain products (
  1
  )

1

29

*

Commission Implementing Regulation (EU) 2023/335 of 1 February 2023 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Robiola di Roccaverano (PDO))

46

*

Commission Implementing Regulation (EU) 2023/336 of 8 February 2023 approving amendments to the specification for a Protected Designation of Origin or a Protected Geographical Indication (Montefalco (PDO))

48

*

Commission Implementing Regulation (EU) 2023/337 of 8 February 2023 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name Terras do Navia (PGI)

49

DECISIONS

*

Council Decision (CFSP) 2023/338 of 14 February 2023 amending certain Council decisions and common positions concerning restrictive measures in order to insert provisions on a humanitarian exemption

50

*

Council Decision (CFSP) 2023/339 of 14 February 2023 amending Decision 2011/101/CFSP concerning restrictive measures in view of the situation in Zimbabwe

55

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| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

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

| 15.2.2023 | EN | Official Journal of the European Union | L 47/1 |
| --- | --- | --- | --- |

15.2.2023

EN

Official Journal of the European Union

L 47/1

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COUNCIL REGULATION (EU) 2023/331

of 14 February 2023

amending certain Council regulations concerning restrictive measures in order to insert provisions on a humanitarian exemption

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and from the European Commission,

Whereas:

| (1) | The European Union is able to impose restrictive measures, including the freezing of funds and economic resources against designated natural or legal persons, entities and bodies. Council regulations give effect to such measures. |
| --- | --- |

(1)

The European Union is able to impose restrictive measures, including the freezing of funds and economic resources against designated natural or legal persons, entities and bodies. Council regulations give effect to such measures.

| (2) | On 9 December 2022, the United Nations Security Council (the ‘UNSC’) adopted Resolution 2664 (2022). Paragraph 1 of that Resolution introduces an exemption to the sanctions in the form of asset freezes imposed by the Security Council or by its Sanctions Committees for humanitarian assistance and other activities that support basic human needs, applicable to certain actors. For the purposes of this Regulation, paragraph 1 of Resolution 2664 (2022) is termed the ‘humanitarian exemption’. |
| --- | --- |

(2)

On 9 December 2022, the United Nations Security Council (the ‘UNSC’) adopted Resolution 2664 (2022). Paragraph 1 of that Resolution introduces an exemption to the sanctions in the form of asset freezes imposed by the Security Council or by its Sanctions Committees for humanitarian assistance and other activities that support basic human needs, applicable to certain actors. For the purposes of this Regulation, paragraph 1 of Resolution 2664 (2022) is termed the ‘humanitarian exemption’.

| (3) | On 14 February 2023, the Council adopted Decision (CFSP) 2023/338 (1) to give effect to Resolution 2664 (2022) in Union law. |
| --- | --- |

(3)

On 14 February 2023, the Council adopted Decision (CFSP) 2023/338 (1) to give effect to Resolution 2664 (2022) in Union law.

| (4) | Resolution 2664 (2022) emphasises that where the humanitarian exemption conflicts with previous resolutions, it is to supersede such previous resolutions to the extent of such conflict. However, Resolution 2664 (2022) clarifies that paragraph 1 of UNSC Resolution 2615 (2021) remains in effect. |
| --- | --- |

(4)

Resolution 2664 (2022) emphasises that where the humanitarian exemption conflicts with previous resolutions, it is to supersede such previous resolutions to the extent of such conflict. However, Resolution 2664 (2022) clarifies that paragraph 1 of UNSC Resolution 2615 (2021) remains in effect.

| (5) | Resolution 2664 (2022) requests that providers relying on the humanitarian exemption make reasonable efforts to minimise the accrual of any benefits prohibited by sanctions, whether as a result of direct or indirect provision or diversion, to individuals or entities listed under the relevant Regulation, including by strengthening risk management and due diligence strategies and processes. |
| --- | --- |

(5)

Resolution 2664 (2022) requests that providers relying on the humanitarian exemption make reasonable efforts to minimise the accrual of any benefits prohibited by sanctions, whether as a result of direct or indirect provision or diversion, to individuals or entities listed under the relevant Regulation, including by strengthening risk management and due diligence strategies and processes.

| (6) | The amendments fall within the scope of the Treaty and therefore regulatory action at the level of the Union is necessary in order to implement them, in particular with a view to ensuring their uniform application in all Member States. |
| --- | --- |

(6)

The amendments fall within the scope of the Treaty and therefore regulatory action at the level of the Union is necessary in order to implement them, in particular with a view to ensuring their uniform application in all Member States.

| (7) | Council Regulations (EC) No 1210/2003 (2), (EC) No 305/2006 (3), (EU) No 356/2010 (4), (EU) No 224/2014 (5), (EU) No 1352/2014 (6), and (EU) 2022/2309 (7) should be amended accordingly, |
| --- | --- |

(7)

Council Regulations (EC) No 1210/2003 (2), (EC) No 305/2006 (3), (EU) No 356/2010 (4), (EU) No 224/2014 (5), (EU) No 1352/2014 (6), and (EU) 2022/2309 (7) should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Council Regulation (EC) No 1210/2003 is amended as follows:

| (1) | in Article 4, the following paragraph is added:

  ‘4.   Paragraphs 1, 2 and 3 shall not apply to the making available of funds or economic resources necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:






  (a) | the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations; |
| --- | --- | --- |

(1)

in Article 4, the following paragraph is added:

‘4.   Paragraphs 1, 2 and 3 shall not apply to the making available of funds or economic resources necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

| (b) | international organisations; |
| --- | --- |

(b)

international organisations;

| (c) | humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations; |
| --- | --- |

(c)

humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

| (d) | bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA); |
| --- | --- |

(d)

bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

| (e) | the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or |
| --- | --- |

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

| (f) | appropriate other actors as determined by the Sanctions Committee.’ |
| --- | --- |

(f)

appropriate other actors as determined by the Sanctions Committee.’

| (2) | Article 7 is replaced by the following:

  ‘Article 7

  1.   The participation, knowingly and intentionally, in activities, the object or effect of which is, directly or indirectly, to circumvent Article 4(1) to (3) or to promote the transactions referred to in Articles 2 and 3, shall be prohibited.


  2.   Any information that the provisions of this Regulation are being, or have been, circumvented shall be notified to the competent authorities of the Member States, as listed in Annex V, and, directly or through these competent authorities, to the Commission.’. |
| --- | --- |

(2)

Article 7 is replaced by the following:

‘Article 7

1.   The participation, knowingly and intentionally, in activities, the object or effect of which is, directly or indirectly, to circumvent Article 4(1) to (3) or to promote the transactions referred to in Articles 2 and 3, shall be prohibited.

2.   Any information that the provisions of this Regulation are being, or have been, circumvented shall be notified to the competent authorities of the Member States, as listed in Annex V, and, directly or through these competent authorities, to the Commission.’.

Article 2

In Article 2 of Council Regulation (EC) No 305/2006, the following paragraph is added:

‘4.   Paragraphs 1 and 2 shall not apply to the making available of funds or economic resources necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

| (a) | the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations; |
| --- | --- |

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

| (b) | international organisations; |
| --- | --- |

(b)

international organisations;

| (c) | humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations; |
| --- | --- |

(c)

humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

| (d) | bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA); |
| --- | --- |

(d)

bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

| (e) | the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or |
| --- | --- |

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

| (f) | appropriate other actors as determined by the Sanctions Committee.’. |
| --- | --- |

(f)

appropriate other actors as determined by the Sanctions Committee.’.

Article 3

In Council Regulation (EU) No 356/2010, Article 4 is replaced by the following:

‘Article 4

1.   Article 2(1) and (2) shall not apply to the making available of funds or economic resources necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

| (a) | the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations; |
| --- | --- |

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

| (b) | international organisations; |
| --- | --- |

(b)

international organisations;

| (c) | humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations; |
| --- | --- |

(c)

humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

| (d) | bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA); |
| --- | --- |

(d)

bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

| (e) | the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or |
| --- | --- |

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

| (f) | appropriate other actors as determined by the Sanctions Committee. |
| --- | --- |

(f)

appropriate other actors as determined by the Sanctions Committee.

2.   The exemption set out in paragraph 1 shall not give rise to liability of any kind on the part of the natural or legal persons, entities or bodies which made funds or economic resources available, where they did not know, and had no reasonable cause to suspect, that their actions would not be covered by this exemption.’.

Article 4

Council Regulation (EU) No 224/2014 is amended as follows:

| (1) | in Article 5, the following paragraph is added:

  ‘4.   Paragraphs 1 and 2 shall not apply to the making available of funds or economic resources necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:






  (a) | the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations; |
| --- | --- | --- |

(1)

in Article 5, the following paragraph is added:

‘4.   Paragraphs 1 and 2 shall not apply to the making available of funds or economic resources necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

| (b) | international organisations; |
| --- | --- |

(b)

international organisations;

| (c) | humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations; |
| --- | --- |

(c)

humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

| (d) | bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA); |
| --- | --- |

(d)

bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

| (e) | the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or |
| --- | --- |

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

| (f) | appropriate other actors as determined by the Sanctions Committee.’ |
| --- | --- |

(f)

appropriate other actors as determined by the Sanctions Committee.’

| (2) | Article 12 is replaced by the following:

  ‘Article 12
  It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures referred to in Articles 2, 5(1) and 5(2).’. |
| --- | --- |

(2)

Article 12 is replaced by the following:

‘Article 12

It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures referred to in Articles 2, 5(1) and 5(2).’.

Article 5

Council Regulation (EU) No 1352/2014 is amended as follows:

| (1) | in Article 2, the following paragraph is added:

  ‘3.   Paragraphs 1 and 2 shall not apply to the making available of funds or economic resources necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:






  (a) | the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations; |
| --- | --- | --- |

(1)

in Article 2, the following paragraph is added:

‘3.   Paragraphs 1 and 2 shall not apply to the making available of funds or economic resources necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

| (b) | international organisations; |
| --- | --- |

(b)

international organisations;

| (c) | humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations; |
| --- | --- |

(c)

humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

| (d) | bilaterally or multilaterally funded non-governmental Organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA); |
| --- | --- |

(d)

bilaterally or multilaterally funded non-governmental Organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

| (e) | the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or |
| --- | --- |

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

| (f) | appropriate other actors as determined by the Sanctions Committee.’ |
| --- | --- |

(f)

appropriate other actors as determined by the Sanctions Committee.’

| (2) | Article 3a is replaced by the following:

  ‘Article 3a

  1.   By way of derogation from Articles 1a and 2, the competent authorities of the Member States may, under such conditions as they deem appropriate, and provided that the Sanctions Committee has determined on a case-by-case basis that a derogation is necessary to facilitate the work of the United Nations and other humanitarian organisations in Yemen or for any other purpose consistent with the objectives of UNSCR 2140 (2014) and UNSCR 2216 (2015), authorise:






  (a) | the provision of technical assistance, financing or financial assistance related to the activities described in Article 1a; |
| --- | --- | --- |

(2)

Article 3a is replaced by the following:

‘Article 3a

1.   By way of derogation from Articles 1a and 2, the competent authorities of the Member States may, under such conditions as they deem appropriate, and provided that the Sanctions Committee has determined on a case-by-case basis that a derogation is necessary to facilitate the work of the United Nations and other humanitarian organisations in Yemen or for any other purpose consistent with the objectives of UNSCR 2140 (2014) and UNSCR 2216 (2015), authorise:

(a)

the provision of technical assistance, financing or financial assistance related to the activities described in Article 1a;

| (b) | the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources. |
| --- | --- |

(b)

the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources.

2.   Paragraph 1(b) is without prejudice to Article 2(3).’

| (3) | Article 10 is replaced by the following:

  ‘Article 10
  It shall be prohibited to participate, knowingly and intentionally, in activities where the object or effect is to circumvent the measures referred to in Article 2(1) and 2(2).’. |
| --- | --- |

(3)

Article 10 is replaced by the following:

‘Article 10

It shall be prohibited to participate, knowingly and intentionally, in activities where the object or effect is to circumvent the measures referred to in Article 2(1) and 2(2).’.

Article 6

Article 5 of Council Regulation (EU) 2022/2309 is replaced by the following:

‘Article 5

Article 3(1) and (2) shall not apply to the making available of funds or economic resources necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

| (a) | the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations; |
| --- | --- |

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

| (b) | international organisations; |
| --- | --- |

(b)

international organisations;

| (c) | humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations; |
| --- | --- |

(c)

humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

| (d) | bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA); |
| --- | --- |

(d)

bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

| (e) | the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or |
| --- | --- |

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

| (f) | appropriate other actors as determined by the Sanctions Committee.’. |
| --- | --- |

(f)

appropriate other actors as determined by the Sanctions Committee.’.

Article 7

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, 14 February 2023.

For the Council

The President

E. SVANTESSON

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(1)  See page 50 of this Official Journal.

1

(2)  Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (OJ L 169, 8.7.2003, p. 6).

2

(3)  Council Regulation (EC) No 305/2006 of 21 February 2006 imposing specific restrictive measures against certain persons suspected of involvement in the assassination of former Lebanese Prime Minister Rafiq Hariri (OJ L 51, 22.2.2006, p. 1).

3

(4)  Council Regulation (EU) No 356/2010 of 26 April 2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia (OJ L 105, 27.4.2010, p. 1).

4

(5)  Council Regulation (EU) No 224/2014 of 10 March 2014 concerning restrictive measures in view of the situation in the Central African Republic (OJ L 70, 11.3.2014, p. 1).

5

(6)  Council Regulation (EU) No 1352/2014 of 18 December 2014 concerning restrictive measures in view of the situation in Yemen (OJ L 365, 19.12.2014, p. 60).

6

(7)  Council Regulation (EU) 2022/2309 of 25 November 2022 concerning restrictive measures in view of the situation in Haiti (OJ L 307, 28.11.2022, p. 17).

7

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| 15.2.2023 | EN | Official Journal of the European Union | L 47/6 |
| --- | --- | --- | --- |

15.2.2023

EN

Official Journal of the European Union

L 47/6

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COMMISSION DELEGATED REGULATION (EU) 2023/332

of 11 July 2022

supplementing Regulation (EU) 2019/818 of the European Parliament and of the Council as regards determining cases where identity data are considered as same or similar for the purpose of the multiple identity detection

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (1), and in particular Article 28(5) thereof,

Whereas:

| (1) | Regulation (EU) 2019/818, together with Regulation (EU) 2019/817 of the European Parliament and of the Council (2) establishes a framework to ensure interoperability between the EU information systems in the field of borders, visa, police and judicial cooperation, asylum and migration. |
| --- | --- |

(1)

Regulation (EU) 2019/818, together with Regulation (EU) 2019/817 of the European Parliament and of the Council (2) establishes a framework to ensure interoperability between the EU information systems in the field of borders, visa, police and judicial cooperation, asylum and migration.

| (2) | That framework includes a number of interoperability components, including a multiple-identity detector. The multiple-identity detector creates and stores links between data in the different EU information systems in order to detect multiple identities, with the dual purpose of facilitating identity checks for bona fide travellers and combating identity fraud. The linking of data is essential for the multiple-identity detector to fulfil its objectives. |
| --- | --- |

(2)

That framework includes a number of interoperability components, including a multiple-identity detector. The multiple-identity detector creates and stores links between data in the different EU information systems in order to detect multiple identities, with the dual purpose of facilitating identity checks for bona fide travellers and combating identity fraud. The linking of data is essential for the multiple-identity detector to fulfil its objectives.

| (3) | The multiple-identity detection process results in the creation of automated white and yellow links. A white link indicates that the identity data of the linked files are the same or similar whereas a yellow link indicates that the identity data of the linked files cannot be considered to be similar and that manual verification of the different identities should be carried out. |
| --- | --- |

(3)

The multiple-identity detection process results in the creation of automated white and yellow links. A white link indicates that the identity data of the linked files are the same or similar whereas a yellow link indicates that the identity data of the linked files cannot be considered to be similar and that manual verification of the different identities should be carried out.

| (4) | Considering the burden on persons whose data is registered in the EU information systems, and the national authorities as well as with Union agencies, it is necessary to limit the number of cases in which yellow links are generated by the multiple-identity detector and therefore require manual verification. |
| --- | --- |

(4)

Considering the burden on persons whose data is registered in the EU information systems, and the national authorities as well as with Union agencies, it is necessary to limit the number of cases in which yellow links are generated by the multiple-identity detector and therefore require manual verification.

| (5) | Pursuant to Regulation (EU) 2019/818, the European Agency for the Operational Management of Large-Scale Information Systems in the area of Freedom, Security and Justice (‘eu-LISA’), established by Regulation (EU) No 1077/2011 of the European Parliament and of the Council (3), should be responsible for the preparation, development and operational management of the interoperability components, including the multi-identity detector. |
| --- | --- |

(5)

Pursuant to Regulation (EU) 2019/818, the European Agency for the Operational Management of Large-Scale Information Systems in the area of Freedom, Security and Justice (‘eu-LISA’), established by Regulation (EU) No 1077/2011 of the European Parliament and of the Council (3), should be responsible for the preparation, development and operational management of the interoperability components, including the multi-identity detector.

| (6) | Prior to the development of the multi-identity detector, it is necessary to lay down the procedures to determine the cases in which identity data concerning a person stored across several systems are considered the same or similar for the purpose of multiple-identity detection. |
| --- | --- |

(6)

Prior to the development of the multi-identity detector, it is necessary to lay down the procedures to determine the cases in which identity data concerning a person stored across several systems are considered the same or similar for the purpose of multiple-identity detection.

| (7) | Given that Regulation (EU) 2019/818 builds upon the Schengen acquis, in accordance with Article 4 of Protocol No 22 on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark notified the implementation of Regulation (EU) 2019/818 in its national law. It is therefore bound by this Regulation. |
| --- | --- |

(7)

Given that Regulation (EU) 2019/818 builds upon the Schengen acquis, in accordance with Article 4 of Protocol No 22 on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark notified the implementation of Regulation (EU) 2019/818 in its national law. It is therefore bound by this Regulation.

| (8) | This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part (4). Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application. |
| --- | --- |

(8)

This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part (4). Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

| (9) | As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (5), which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC (6). |
| --- | --- |

(9)

As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (5), which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC (6).

| (10) | As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (7), which fall within the area referred to in Article 1, point A of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC (8). |
| --- | --- |

(10)

As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (7), which fall within the area referred to in Article 1, point A of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC (8).

| (11) | As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (9) which fall within the area referred to in Article 1, point A of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (10). |
| --- | --- |

(11)

As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (9) which fall within the area referred to in Article 1, point A of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (10).

| (12) | As regards Cyprus, Bulgaria and Romania and Croatia, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession, Article 4(1) of the 2005 Act of Accession and Article 4(1) of the 2011 Act of Accession. |
| --- | --- |

(12)

As regards Cyprus, Bulgaria and Romania and Croatia, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession, Article 4(1) of the 2005 Act of Accession and Article 4(1) of the 2011 Act of Accession.

| (13) | The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (11) and delivered an opinion on 27 April 2021, |
| --- | --- |

(13)

The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (11) and delivered an opinion on 27 April 2021,

HAS ADOPTED THIS REGULATION:

Article 1

Definitions

For the purposes of this Regulation, the following definitions apply:

| (1) | ‘identity data’ means the following data:






  (a) | surname (family name); first name or names (given names); date of birth; nationality or nationalities; and sex; as referred to in Articles 16(1)(a), 17(1) and 18(1) of Regulation (EU) 2017/2226 of the European Parliament and of the Council (12); |
| --- | --- | --- |

(1)

‘identity data’ means the following data:

(a)

surname (family name); first name or names (given names); date of birth; nationality or nationalities; and sex; as referred to in Articles 16(1)(a), 17(1) and 18(1) of Regulation (EU) 2017/2226 of the European Parliament and of the Council (12);

12

| (b) | surname (family name), first name(s) (given name(s)), surname at birth; alias(es); date of birth, place of birth, sex and current nationality; as referred to in Article 17(2) of Regulation (EU) 2018/1240 of the European Parliament and of the Council (13); |
| --- | --- |

(b)

surname (family name), first name(s) (given name(s)), surname at birth; alias(es); date of birth, place of birth, sex and current nationality; as referred to in Article 17(2) of Regulation (EU) 2018/1240 of the European Parliament and of the Council (13);

13

| (c) | surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held, as referred to in Article 20(2) of Regulation (EU) 2018/1861 of the European Parliament and of the Council (14); |
| --- | --- |

(c)

surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held, as referred to in Article 20(2) of Regulation (EU) 2018/1861 of the European Parliament and of the Council (14);

14

| (d) | surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held, as referred to in Article 4 of Regulation (EU) 2018/1860 of the European Parliament and of the Council (15); |
| --- | --- |

(d)

surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held, as referred to in Article 4 of Regulation (EU) 2018/1860 of the European Parliament and of the Council (15);

15

| (e) | surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held as referred to in Article 20(3) of Regulation (EU) 2018/1862 of the European Parliament and of the Council (16); |
| --- | --- |

(e)

surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held as referred to in Article 20(3) of Regulation (EU) 2018/1862 of the European Parliament and of the Council (16);

16

| (f) | surname (family name), first names (given names), date of birth, place of birth (town and country), nationality or nationalities and gender, previous names, if applicable as referred to in Article 5(1), point (a)(i), of Regulation (EU) 2019/816 of the European Parliament and of the Council (17); |
| --- | --- |

(f)

surname (family name), first names (given names), date of birth, place of birth (town and country), nationality or nationalities and gender, previous names, if applicable as referred to in Article 5(1), point (a)(i), of Regulation (EU) 2019/816 of the European Parliament and of the Council (17);

17

| (g) | until the the start of operations of the Visa Information System pursuant to Article 11 of Regulation (EU) 2021/1134 (18): surname (family name), first name or names (given names), date of birth, sex, place and country of birth, and nationalities as referred to in Article 9(4), points (a) and (aa), of Regulation (EC) No 767/2008 of the European Parliament and of the Council (19); |
| --- | --- |

(g)

until the the start of operations of the Visa Information System pursuant to Article 11 of Regulation (EU) 2021/1134 (18): surname (family name), first name or names (given names), date of birth, sex, place and country of birth, and nationalities as referred to in Article 9(4), points (a) and (aa), of Regulation (EC) No 767/2008 of the European Parliament and of the Council (19);

18

19

| (h) | from the start of operations of the Visa Information System pursuant to Article 11 of Regulation (EU) 2021/1134: surname (family name), first name(s) (given name(s)), date of birth, place and country of birth, sex, and nationality or nationalities as referred to in Article 9(4), points(a) and (aa), and in Article 22a(1), point (d), of Regulation (EC) No 767/2008; |
| --- | --- |

(h)

from the start of operations of the Visa Information System pursuant to Article 11 of Regulation (EU) 2021/1134: surname (family name), first name(s) (given name(s)), date of birth, place and country of birth, sex, and nationality or nationalities as referred to in Article 9(4), points(a) and (aa), and in Article 22a(1), point (d), of Regulation (EC) No 767/2008;

| (2) | ‘equal’ means a 100 % correspondence between data from two different EU information systems, including, where necessary, the use of a conversion-harmonisation functionality for harmonising the format of all data before comparison; |
| --- | --- |

(2)

‘equal’ means a 100 % correspondence between data from two different EU information systems, including, where necessary, the use of a conversion-harmonisation functionality for harmonising the format of all data before comparison;

| (3) | ‘transliteration’ means a type of conversion of a text from one script to another that involves swapping letters in previously identified ways. |
| --- | --- |

(3)

‘transliteration’ means a type of conversion of a text from one script to another that involves swapping letters in previously identified ways.

Article 2

Same identity data

The procedures for determining the cases where identity data shall be considered as the same are set out in Annex I.

Article 3

Similar identity data

The procedures for determining the cases where identity data shall be considered as similar are set out in Annex II.

Article 4

Logs

1.   The common identity repository shall keep the logs of the comparison of data containing, at least:

| (a) | the date and time of the comparison; |
| --- | --- |

(a)

the date and time of the comparison;

| (b) | the result of the comparison, including which identity data was considered as same or similar; |
| --- | --- |

(b)

the result of the comparison, including which identity data was considered as same or similar;

| (c) | the colour of the link following the automated comparison; |
| --- | --- |

(c)

the colour of the link following the automated comparison;

| (d) | the colour of the link following the manual processing subsequent to the creation of a yellow link; |
| --- | --- |

(d)

the colour of the link following the manual processing subsequent to the creation of a yellow link;

| (e) | the amendments to the links, including where the identity data was considered as similar. |
| --- | --- |

(e)

the amendments to the links, including where the identity data was considered as similar.

2.   The logs shall be stored in the common identity repository. They shall be stored for no longer than one year following the comparison of data. After that period, they shall be automatically erased.

3.   The logs shall be used by the common identity repository to produce automatic reports of activities and to support and monitor the accuracy of the comparison of data between EU information systems.

Article 5

Entry into force

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

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels, 11 July 2022.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 135, 22.5.2019, p. 85.

1

(2)  Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27).

2

(3)  Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 286, 1.11.2011, p. 1).

3

(4)  This Regulation falls outside the scope of the measures provided for in Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

4

acquis

(5)  
  OJ L 176, 10.7.1999, p. 36.

5

(6)  Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).

6

acquis

(7)  
  OJ L 53, 27.2.2008, p. 52.

7

(8)  Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).

8

acquis

(9)  
  OJ L 160, 18.6.2011, p. 21.

9

(10)  Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).

10

acquis

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

11

(12)  Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20).

12

(13)  Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1).

13

(14)  Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 (OJ L 312, 7.12.2018, p. 14).

14

(15)  Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen Information System for the return of illegally staying third-country nationals (OJ L 312, 7.12.2018, p. 1).

15

(16)  Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56).

16

(17)  Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System and amending Regulation (EU) 2018/1726 (OJ L 135, 22.5.2019, p. 1).

17

(18)  Regulation (EU) 2021/1134 of the European Parliament and of the Council of 7 July 2021 amending Regulations (EC) No 767/2008, (EC) No 810/2009, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1860, (EU) 2018/1861, (EU) 2019/817 and (EU) 2019/1896 of the European Parliament and of the Council and repealing Council Decisions 2004/512/EC and 2008/633/JHA, for the purpose of reforming the Visa Information System (OJ L 248, 13.7.2021, p. 11).

18

(19)  Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (OJ L 218, 13.8.2008, p. 60).

19

---

ANNEX I

1.   Data from different information systems

| | Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- | --- |
| 1 | Names (including surname and first name) | Surnames
  Previously used surnames
  Aliases surnames
  Forenames
  Previously used forenames
  Aliases forenames
  Names at birth | Surname (family name)
  First name
  Names
  Given names | Surname (family name)
  Surname at birth
  Other names (aliases, artistic names, usual names)
  First name(s)
  Given name(s) | Surname (family name)
  Pseudonyms
  Aliases
  Previous names
  First names (Given names)
  Pseudonyms
  Aliases
  Previous names | Surname (family name)
  Surname at birth (former family name(s))
  First name(s) (given name(s)) |
| 2 | Date of birth | Date of birth
  Aliases date of birth | Date or birth | Date of birth | Date of birth | Date of birth |
| 3 | Gender | Gender
  Aliases gender | Sex | Sex | Gender | Sex |
| 4 | Nationality and place of birth | Any nationalities held
  Aliases nationality
  Place of birth (country of birth)
  Aliases place of birth (country of birth) | Nationality
  Nationalities | Current Nationality
  Place of birth | Nationality
  Nationalities
  Place of birth (town and country) | Current nationality
  Nationalities
  Nationality at birth
  Place and country of birth |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

1

Names (including surname and first name)

Surnames

Previously used surnames

Aliases surnames

Forenames

Previously used forenames

Aliases forenames

Names at birth

Surname (family name)

First name

Names

Given names

Surname (family name)

Surname at birth

Other names (aliases, artistic names, usual names)

First name(s)

Given name(s)

Surname (family name)

Pseudonyms

Aliases

Previous names

First names (Given names)

Pseudonyms

Aliases

Previous names

Surname (family name)

Surname at birth (former family name(s))

First name(s) (given name(s))

2

Date of birth

Date of birth

Aliases date of birth

Date or birth

Date of birth

Date of birth

Date of birth

3

Gender

Gender

Aliases gender

Sex

Sex

Gender

Sex

4

Nationality and place of birth

Any nationalities held

Aliases nationality

Place of birth (country of birth)

Aliases place of birth (country of birth)

Nationality

Nationalities

Current Nationality

Place of birth

Nationality

Nationalities

Place of birth (town and country)

Current nationality

Nationalities

Nationality at birth

Place and country of birth

In the case of the Schengen Information System, for each data provided for in the table, the identity data may belong to one of the following categories:

| (a) | ‘confirmed identity’, where the person’s identity has been confirmed on the basis of genuine identification documents, as a result of biometric matching or by a statement from the competent authorities; |
| --- | --- |

(a)

‘confirmed identity’, where the person’s identity has been confirmed on the basis of genuine identification documents, as a result of biometric matching or by a statement from the competent authorities;

| (b) | ‘not confirmed identity’, where there is not sufficient proof of the person’s identity; |
| --- | --- |

(b)

‘not confirmed identity’, where there is not sufficient proof of the person’s identity;

| (c) | ‘alias’, where a person uses a false or assumed identity; |
| --- | --- |

(c)

‘alias’, where a person uses a false or assumed identity;

| (d) | ‘misused identity’, where a person, subject to an alert in the Schengen Information System, uses the identity of another real person, in particular when a document is used to the detriment of the real owner of that document. |
| --- | --- |

(d)

‘misused identity’, where a person, subject to an alert in the Schengen Information System, uses the identity of another real person, in particular when a document is used to the detriment of the real owner of that document.

For the purposes of this table, aliases identity data refer to categories (b), (c) and (d), while the non-alias data refer to category (a).

2.   Same identity data

This Annex lays down the cases in which identity data shall be considered as the same. In order for identity data to be considered as the same, all the conditions of Section 3 should be fulfilled.

3.   Cases where identity data shall be considered as the same per data category

In order for identity data to be considered as the same, where a link is created between data from two EU information systems, the cumulative conditions laid down in Sections 3.1, 3.2, 3.3 and 3.4 shall be met.

3.1.   Names

| Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- |
| Names (including surname and first name) | Surnames
  Previously used surnames
  Aliases surnames
  Forenames
  Previously used forenames
  Names at birth
  Aliases forenames | Surname (family name)
  First name
  Names
  Given names | Surname (family name)
  Surname at birth
  Other names (aliases, artistic names, usual names)
  First name(s)
  Given name(s) | Surname (family name)
  Pseudonyms
  Aliases
  Previous names
  First names (Given names)
  Pseudonyms
  Aliases
  Previous names | Surname (family name)
  Surname at birth (former family name(s))
  First name(s) (given name(s)) |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

Names (including surname and first name)

Surnames

Previously used surnames

Aliases surnames

Forenames

Previously used forenames

Names at birth

Aliases forenames

Surname (family name)

First name

Names

Given names

Surname (family name)

Surname at birth

Other names (aliases, artistic names, usual names)

First name(s)

Given name(s)

Surname (family name)

Pseudonyms

Aliases

Previous names

First names (Given names)

Pseudonyms

Aliases

Previous names

Surname (family name)

Surname at birth (former family name(s))

First name(s) (given name(s))

In order for identity data to be considered as the same, where a link is created between data from two EU information systems, the following cumulative conditions must be met:

| (a) | the data inserted in at least one of the following data fields is equal in the two systems:






  (i) | surname; |
| --- | --- | --- |

(a)

the data inserted in at least one of the following data fields is equal in the two systems:

(i)

surname;

| (ii) | family name; |
| --- | --- |

(ii)

family name;

| (iii) | previously used surnames; |
| --- | --- |

(iii)

previously used surnames;

| (iv) | surname at birth; |
| --- | --- |

(iv)

surname at birth;

| (v) | other names (aliases, artistic names, usual names); |
| --- | --- |

(v)

other names (aliases, artistic names, usual names);

| (vi) | pseudonyms; |
| --- | --- |

(vi)

pseudonyms;

| (vii) | aliases surnames; |
| --- | --- |

(vii)

aliases surnames;

| (viii) | previous names; |
| --- | --- |

(viii)

previous names;

| (ix) | former family names; |
| --- | --- |

(ix)

former family names;

| (b) | the data inserted in at least one of the following data fields is equal in the two systems:






  (i) | first name; |
| --- | --- | --- |

(b)

the data inserted in at least one of the following data fields is equal in the two systems:

(i)

first name;

| (ii) | forename; |
| --- | --- |

(ii)

forename;

| (iii) | name; |
| --- | --- |

(iii)

name;

| (iv) | given names; |
| --- | --- |

(iv)

given names;

| (v) | previously used forenames; |
| --- | --- |

(v)

previously used forenames;

| (vi) | other names (aliases, artistic names, usual names); |
| --- | --- |

(vi)

other names (aliases, artistic names, usual names);

| (vii) | pseudonyms; |
| --- | --- |

(vii)

pseudonyms;

| (viii) | aliases forenames; |
| --- | --- |

(viii)

aliases forenames;

| (ix) | previous names. |
| --- | --- |

(ix)

previous names.

3.2.   Date of birth

| Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- |
| Date of birth | Date of birth
  Aliases date of birth | Date or birth | Date of birth | Date of birth | Date of birth |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

Date of birth

Date of birth

Aliases date of birth

Date or birth

Date of birth

Date of birth

Date of birth

In order for identity data to be considered as the same, where a link is created between data from two EU information systems, the values contained under the data-category ‘date of birth’ must be equal in both systems.

3.3.   Gender

| Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- |
| Gender | Gender
  Aliases gender | Sex | Sex | Gender | Sex |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

Gender

Gender

Aliases gender

Sex

Sex

Gender

Sex

In order for identity data to be considered as the same, where a link is created between data from two EU information systems, the data contained under the data-category ‘gender’ must be equal in both systems.

3.4.   Nationalities and place of birth

| Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- |
| Nationalities and place of birth | Any nationalities held
  Aliases nationality
  Place of birth (country of birth)
  Aliases place of birth (country of birth) | Nationality
  Nationalities | Current Nationality
  Place of birth | Nationality
  Nationalities
  Place of birth (town and country) | Current nationality
  Nationalities
  Nationality at birth
  Place and country of birth |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

Nationalities and place of birth

Any nationalities held

Aliases nationality

Place of birth (country of birth)

Aliases place of birth (country of birth)

Nationality

Nationalities

Current Nationality

Place of birth

Nationality

Nationalities

Place of birth (town and country)

Current nationality

Nationalities

Nationality at birth

Place and country of birth

In order for identity data to be considered as the same, where a link is created between data from two EU information systems, at least one of the data fields under the data-category ‘nationalities and place of birth’ must be equal in both systems, including at least one of the nationalities.

---

ANNEX II

1.   Data from different information systems

| | Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- | --- |
| 1 | Names (including surname and first name) | Surnames
  Previously used surnames
  Aliases surnames
  Forenames
  Previously used forenames
  Names at birth
  Aliases forenames | Surname (family name)
  First name
  Names
  Given names | Surname (family name)
  Surname at birth
  Other names (aliases, artistic names, usual names)
  First name(s)
  Given name(s) | Surname (family name)
  Pseudonyms
  Aliases
  Previous names
  First names (Given names)
  Pseudonyms
  Aliases
  Previous names | Surname (family name)
  Surname at birth (former family name(s))
  First name(s) (given name(s)) |
| 2 | Date of birth | Date of birth
  Aliases date of birth | Date or birth | Date of birth | Date of birth | Date of birth |
| 3 | Gender | Gender
  Aliases gender | Sex | Sex | Gender | Sex |
| 4 | Nationality and place of birth | Any nationalities held
  Aliases nationality
  Place of birth (country of birth)
  Aliases place of birth (country of birth) | Nationality
  Nationalities | Current Nationality
  Place of birth | Nationality
  Nationalities
  Place of birth (town and country) | Current nationality
  Nationalities
  Nationality at birth
  Place and country of birth |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

1

Names (including surname and first name)

Surnames

Previously used surnames

Aliases surnames

Forenames

Previously used forenames

Names at birth

Aliases forenames

Surname (family name)

First name

Names

Given names

Surname (family name)

Surname at birth

Other names (aliases, artistic names, usual names)

First name(s)

Given name(s)

Surname (family name)

Pseudonyms

Aliases

Previous names

First names (Given names)

Pseudonyms

Aliases

Previous names

Surname (family name)

Surname at birth (former family name(s))

First name(s) (given name(s))

2

Date of birth

Date of birth

Aliases date of birth

Date or birth

Date of birth

Date of birth

Date of birth

3

Gender

Gender

Aliases gender

Sex

Sex

Gender

Sex

4

Nationality and place of birth

Any nationalities held

Aliases nationality

Place of birth (country of birth)

Aliases place of birth (country of birth)

Nationality

Nationalities

Current Nationality

Place of birth

Nationality

Nationalities

Place of birth (town and country)

Current nationality

Nationalities

Nationality at birth

Place and country of birth

In the case of the Schengen Information System, for each data provided for in the table, the identity data may belong to one of the following categories:

| (a) | ‘confirmed identity’, where the person’s identity has been confirmed on the basis of genuine identification documents, as a result of biometric matching or by a statement from the competent authorities; |
| --- | --- |

(a)

‘confirmed identity’, where the person’s identity has been confirmed on the basis of genuine identification documents, as a result of biometric matching or by a statement from the competent authorities;

| (b) | ‘not confirmed identity’, where there is not sufficient proof of the person’s identity; |
| --- | --- |

(b)

‘not confirmed identity’, where there is not sufficient proof of the person’s identity;

| (c) | ‘alias’, where a person uses a false or assumed identity; |
| --- | --- |

(c)

‘alias’, where a person uses a false or assumed identity;

| (d) | ‘misused identity’, where a person, subject to an alert in the Schengen Information System, uses the identity of another real person, in particular when a document is used to the detriment of the real owner of that document. |
| --- | --- |

(d)

‘misused identity’, where a person, subject to an alert in the Schengen Information System, uses the identity of another real person, in particular when a document is used to the detriment of the real owner of that document.

For the purposes of this table, aliases identity data refer to categories (b), (c) and (d), while the non-alias data refer to category (a).

2.   Similar identity data

Section 3 provides an exhaustive list of rules for when identity data shall be considered as similar.

eu-LISA, assisted and advised by the Interoperability Advisory Group, shall apply these rules by means of an algorithm in consultation with the Commission assisted and advised by the Interoperability Subgroup of the Expert Group on Information Systems for Borders and Security (‘Expert Group’).

eu-LISA shall monitor the impact of the application of the algorithm and report, on a regular basis, to the Expert Group.

Where necessary, in order to limit the number of cases in which yellow links generated by the multiple-identity detector would need to be turned into white links by the responsible authorities, the Commission, assisted and advised by the Expert Group, shall request eu-LISA to adjust the algorithm by prioritising the yellow links created between identity data that are considered more similar, in compliance with the rules in Section 3.

The multiple-identity detector shall always check identity data against all rules laid down in Section 3.

3.   Cases where identity data shall be considered as similar

3.1.   Names

| Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- |
| Names (including surname and first name) | Surnames
  Previously used surnames
  Aliases surnames
  Forenames
  Previously used forenames
  Names at birth
  Aliases forenames | Surname (family name)
  First name
  Names
  Given names | Surname (family name)
  Surname at birth
  Other names (aliases, artistic names, usual names)
  First name(s)
  Given name(s) | Surname (family name)
  Pseudonyms
  Aliases
  Previous names
  First names (Given names)
  Pseudonyms
  Aliases
  Previous names | Surname (family name)
  Surname at birth (former family name(s))
  First name(s) (given name(s)) |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

Names (including surname and first name)

Surnames

Previously used surnames

Aliases surnames

Forenames

Previously used forenames

Names at birth

Aliases forenames

Surname (family name)

First name

Names

Given names

Surname (family name)

Surname at birth

Other names (aliases, artistic names, usual names)

First name(s)

Given name(s)

Surname (family name)

Pseudonyms

Aliases

Previous names

First names (Given names)

Pseudonyms

Aliases

Previous names

Surname (family name)

Surname at birth (former family name(s))

First name(s) (given name(s))

Identity data of the data-category ‘names’ shall be considered similar where there are:

| (a) | known transliteration in names; |
| --- | --- |

(a)

known transliteration in names;

| (b) | inversions of the following categories of data:






  (i) | surname; family name; previously used surnames; surname at birth, name at birth; aliases surnames, former family names; |
| --- | --- | --- |

(b)

inversions of the following categories of data:

(i)

surname; family name; previously used surnames; surname at birth, name at birth; aliases surnames, former family names;

| (ii) | first name; forename; name; given names; previously used forenames; aliases forenames; |
| --- | --- |

(ii)

first name; forename; name; given names; previously used forenames; aliases forenames;

| (c) | cases where the first name, forename and surname are regrouped in one of the data fields; |
| --- | --- |

(c)

cases where the first name, forename and surname are regrouped in one of the data fields;

| (d) | cases where the order of two words is inversed, including both adjacent and non-adjacent; |
| --- | --- |

(d)

cases where the order of two words is inversed, including both adjacent and non-adjacent;

| (e) | cases where the order of two letters is inversed, including both adjacent and non-adjacent; |
| --- | --- |

(e)

cases where the order of two letters is inversed, including both adjacent and non-adjacent;

| (f) | cases where a single character edit including insertions, deletions and substitutions is required to have a data-category of one EU information system being equal to a data-category in another EU information system; |
| --- | --- |

(f)

cases where a single character edit including insertions, deletions and substitutions is required to have a data-category of one EU information system being equal to a data-category in another EU information system;

| (g) | cases where a difference is found due to the use of hyphens, commas or apostrophes; |
| --- | --- |

(g)

cases where a difference is found due to the use of hyphens, commas or apostrophes;

| (h) | cases where the name is truncated. |
| --- | --- |

(h)

cases where the name is truncated.

3.2.   Date of birth

| Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- |
| Date of birth | Date of birth
  Aliases date of birth | Date or birth | Date of birth | Date of birth | Date of birth |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

Date of birth

Date of birth

Aliases date of birth

Date or birth

Date of birth

Date of birth

Date of birth

Identity data of the data-category ‘date of birth’ shall be considered similar where there are:

| (a) | cases where the fields of month and day match if they are inversed; |
| --- | --- |

(a)

cases where the fields of month and day match if they are inversed;

| (b) | cases where the difference in date of birth is due to a known conversion of different calendars; |
| --- | --- |

(b)

cases where the difference in date of birth is due to a known conversion of different calendars;

| (c) | cases where a single character edit including insertions, deletions and substitutions is required to have a data-category of one EU information system being equal to a data-category in another EU information system. |
| --- | --- |

(c)

cases where a single character edit including insertions, deletions and substitutions is required to have a data-category of one EU information system being equal to a data-category in another EU information system.

3.3.   Gender

| Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- |
| Gender | Gender
  Aliases gender | Sex | Sex | Gender | Sex |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

Gender

Gender

Aliases gender

Sex

Sex

Gender

Sex

3.4.   Nationalities and place of birth

| Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- |
| Nationalities and place of birth | Any nationalities held
  Aliases nationality
  Place of birth (country of birth)
  Aliases place of birth (country of birth) | Nationality
  Nationalities | Current Nationality
  Place of birth | Nationality
  Nationalities
  Place of birth (town and country) | Current nationality
  Nationalities
  Nationality at birth
  Place and country of birth |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

Nationalities and place of birth

Any nationalities held

Aliases nationality

Place of birth (country of birth)

Aliases place of birth (country of birth)

Nationality

Nationalities

Current Nationality

Place of birth

Nationality

Nationalities

Place of birth (town and country)

Current nationality

Nationalities

Nationality at birth

Place and country of birth

Identity data of the data-category ‘nationalities and place of birth’ shall be considered similar where there are:

| (a) | known transliteration in nationalities or place of birth; |
| --- | --- |

(a)

known transliteration in nationalities or place of birth;

| (b) | cases where a single character edit including insertions, deletions and substitutions is required to have a data-category of one EU information system being equal to a data-category in another EU information system; |
| --- | --- |

(b)

cases where a single character edit including insertions, deletions and substitutions is required to have a data-category of one EU information system being equal to a data-category in another EU information system;

| (c) | known cases where nationalities/countries/cities changed their denomination. |
| --- | --- |

(c)

known cases where nationalities/countries/cities changed their denomination.

---

| 15.2.2023 | EN | Official Journal of the European Union | L 47/17 |
| --- | --- | --- | --- |

15.2.2023

EN

Official Journal of the European Union

L 47/17

---

COMMISSION DELEGATED REGULATION (EU) 2023/333

of 11 July 2022

supplementing Regulation (EU) 2019/817 of the European Parliament and of the Council as regards determining cases where identity data are considered as same or similar for the purpose of the multiple identity detection

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (1), and in particular Article 28(5) thereof,

Whereas:

| (1) | Regulation (EU) 2019/817 together with Regulation (EU) 2019/818 of the European Parliament and of the Council (2), establishes a framework to ensure interoperability between the EU information systems in the field of borders, visa, police and judicial cooperation, asylum and migration. |
| --- | --- |

(1)

Regulation (EU) 2019/817 together with Regulation (EU) 2019/818 of the European Parliament and of the Council (2), establishes a framework to ensure interoperability between the EU information systems in the field of borders, visa, police and judicial cooperation, asylum and migration.

| (2) | That framework includes a number of interoperability components, including a multiple-identity detector. The multiple-identity detector creates and stores links between data in the different EU information systems in order to detect multiple identities, with the dual purpose of facilitating identity checks for bona fide travellers and combating identity fraud. The linking of data is essential for the multiple-identity detector to fulfil its objectives. |
| --- | --- |

(2)

That framework includes a number of interoperability components, including a multiple-identity detector. The multiple-identity detector creates and stores links between data in the different EU information systems in order to detect multiple identities, with the dual purpose of facilitating identity checks for bona fide travellers and combating identity fraud. The linking of data is essential for the multiple-identity detector to fulfil its objectives.

| (3) | The multiple-identity detection process results in the creation of automated white and yellow links. A white link indicates that the identity data of the linked files are the same or similar whereas a yellow link indicates that the identity data of the linked files cannot be considered to be similar and that manual verification of the different identities should be carried out. |
| --- | --- |

(3)

The multiple-identity detection process results in the creation of automated white and yellow links. A white link indicates that the identity data of the linked files are the same or similar whereas a yellow link indicates that the identity data of the linked files cannot be considered to be similar and that manual verification of the different identities should be carried out.

| (4) | Considering the burden on persons whose data is registered in the EU information systems, and the national authorities as well as with Union agencies, it is necessary to limit the number of cases in which yellow links are generated by the multiple-identity detector and therefore require manual verification. |
| --- | --- |

(4)

Considering the burden on persons whose data is registered in the EU information systems, and the national authorities as well as with Union agencies, it is necessary to limit the number of cases in which yellow links are generated by the multiple-identity detector and therefore require manual verification.

| (5) | Pursuant to Regulation (EU) 2019/817, the European Agency for the Operational Management of Large-Scale Information Systems in the area of Freedom, Security and Justice (‘eu-LISA’), established by Regulation (EU) No 1077/2011 of the European Parliament and of the Council (3), should be responsible for the preparation, development and operational management of the interoperability components, including the multi-identity detector. |
| --- | --- |

(5)

Pursuant to Regulation (EU) 2019/817, the European Agency for the Operational Management of Large-Scale Information Systems in the area of Freedom, Security and Justice (‘eu-LISA’), established by Regulation (EU) No 1077/2011 of the European Parliament and of the Council (3), should be responsible for the preparation, development and operational management of the interoperability components, including the multi-identity detector.

| (6) | Prior to the development of the multi-identity detector, it is necessary to lay down the procedures to determine the cases in which identity data concerning a person stored across several systems are considered the same or similar for the purpose of multiple-identity detection. |
| --- | --- |

(6)

Prior to the development of the multi-identity detector, it is necessary to lay down the procedures to determine the cases in which identity data concerning a person stored across several systems are considered the same or similar for the purpose of multiple-identity detection.

| (7) | Given that Regulation (EU) 2019/817 builds upon the Schengen acquis, in accordance with Article 4 of Protocol No 22 on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark notified the implementation of Regulation (EU) 2019/817 in its national law. It is therefore bound by this Regulation. |
| --- | --- |

(7)

Given that Regulation (EU) 2019/817 builds upon the Schengen acquis, in accordance with Article 4 of Protocol No 22 on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark notified the implementation of Regulation (EU) 2019/817 in its national law. It is therefore bound by this Regulation.

| (8) | This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part (4). Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application. |
| --- | --- |

(8)

This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part (4). Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

| (9) | As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (5), which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC (6). |
| --- | --- |

(9)

As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (5), which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC (6).

| (10) | As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (7), which fall within the area referred to in Article 1, point A of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC (8). |
| --- | --- |

(10)

As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (7), which fall within the area referred to in Article 1, point A of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC (8).

| (11) | As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (9) which fall within the area referred to in Article 1, point A of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (10). |
| --- | --- |

(11)

As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (9) which fall within the area referred to in Article 1, point A of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (10).

| (12) | As regards Cyprus, Bulgaria and Romania and Croatia, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession, Article 4(1) of the 2005 Act of Accession and Article 4(1) of the 2011 Act of Accession. |
| --- | --- |

(12)

As regards Cyprus, Bulgaria and Romania and Croatia, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession, Article 4(1) of the 2005 Act of Accession and Article 4(1) of the 2011 Act of Accession.

| (13) | The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (11) and delivered an opinion on 27 April 2021, |
| --- | --- |

(13)

The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (11) and delivered an opinion on 27 April 2021,

HAS ADOPTED THIS REGULATION:

Article 1

Definitions

For the purposes of this Regulation, the following definitions apply:

| (1) | ‘identity data’ means the following data:






  (a) | surname (family name); first name or names (given names); date of birth; nationality or nationalities; and sex; as referred to in Articles 16(1)(a), 17(1) and 18(1) of Regulation (EU) 2017/2226 of the European Parliament and of the Council (12); |
| --- | --- | --- |

(1)

‘identity data’ means the following data:

(a)

surname (family name); first name or names (given names); date of birth; nationality or nationalities; and sex; as referred to in Articles 16(1)(a), 17(1) and 18(1) of Regulation (EU) 2017/2226 of the European Parliament and of the Council (12);

12

| (b) | surname (family name), first name(s) (given name(s)), surname at birth; alias(es); date of birth, place of birth, sex and current nationality; as referred to in Article 17(2) of Regulation (EU) 2018/1240 of the European Parliament and of the Council (13); |
| --- | --- |

(b)

surname (family name), first name(s) (given name(s)), surname at birth; alias(es); date of birth, place of birth, sex and current nationality; as referred to in Article 17(2) of Regulation (EU) 2018/1240 of the European Parliament and of the Council (13);

13

| (c) | surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held, as referred to in Article 20(2) of Regulation (EU) 2018/1861 of the European Parliament and of the Council (14); |
| --- | --- |

(c)

surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held, as referred to in Article 20(2) of Regulation (EU) 2018/1861 of the European Parliament and of the Council (14);

14

| (d) | surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held, as referred to in Article 4 of Regulation (EU) 2018/1860 of the European Parliament and of the Council (15); |
| --- | --- |

(d)

surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held, as referred to in Article 4 of Regulation (EU) 2018/1860 of the European Parliament and of the Council (15);

15

| (e) | surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held as referred to in Article 20(3) of Regulation (EU) 2018/1862 of the European Parliament and of the Council (16); |
| --- | --- |

(e)

surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held as referred to in Article 20(3) of Regulation (EU) 2018/1862 of the European Parliament and of the Council (16);

16

| (f) | surname (family name), first names (given names), date of birth, place of birth (town and country), nationality or nationalities and gender, previous names, if applicable as referred to in Article 5(1), point (a)(i), of Regulation (EU) 2019/816 of the European Parliament and of the Council (17); |
| --- | --- |

(f)

surname (family name), first names (given names), date of birth, place of birth (town and country), nationality or nationalities and gender, previous names, if applicable as referred to in Article 5(1), point (a)(i), of Regulation (EU) 2019/816 of the European Parliament and of the Council (17);

17

| (g) | until the start of operations of the Visa Information System pursuant to Article 11 of Regulation (EU) 2021/1134 of the European Parliament and of the Council (18): surname (family name), first name or names (given names), date of birth, sex, place and country of birth, and nationalities as referred to in Article 9(4), points (a) and (aa), of Regulation (EC) No 767/2008 of the European Parliament and of the Council (19); |
| --- | --- |

(g)

until the start of operations of the Visa Information System pursuant to Article 11 of Regulation (EU) 2021/1134 of the European Parliament and of the Council (18): surname (family name), first name or names (given names), date of birth, sex, place and country of birth, and nationalities as referred to in Article 9(4), points (a) and (aa), of Regulation (EC) No 767/2008 of the European Parliament and of the Council (19);

18

19

| (h) | from the start of operations of the Visa Information System pursuant to Article 11 of Regulation (EU) 2021/1134: surname (family name), first name(s) (given name(s)), date of birth, place and country of birth, sex, and nationality or nationalities as referred to in Article 9(4), points(a) and (aa), and in Article 22a(1), point (d), of Regulation (EC) No 767/2008; |
| --- | --- |

(h)

from the start of operations of the Visa Information System pursuant to Article 11 of Regulation (EU) 2021/1134: surname (family name), first name(s) (given name(s)), date of birth, place and country of birth, sex, and nationality or nationalities as referred to in Article 9(4), points(a) and (aa), and in Article 22a(1), point (d), of Regulation (EC) No 767/2008;

| (2) | ‘equal’ means a 100 % correspondence between data from two different EU information systems, including, where necessary, the use of a conversion-harmonisation functionality for harmonising the format of all data before comparison; |
| --- | --- |

(2)

‘equal’ means a 100 % correspondence between data from two different EU information systems, including, where necessary, the use of a conversion-harmonisation functionality for harmonising the format of all data before comparison;

| (3) | ‘transliteration’ means a type of conversion of a text from one script to another that involves swapping letters in previously identified ways. |
| --- | --- |

(3)

‘transliteration’ means a type of conversion of a text from one script to another that involves swapping letters in previously identified ways.

Article 2

Same identity data

The procedures for determining the cases where identity data shall be considered as the same are set out in Annex I.

Article 3

Similar identity data

The procedures for determining the cases where identity data shall be considered as similar are set out in Annex II.

Article 4

Logs

1.   The common identity repository shall keep the logs of the comparison of data containing, at least:

| (a) | the date and time of the comparison; |
| --- | --- |

(a)

the date and time of the comparison;

| (b) | the result of the comparison, including which identity data was considered as same or similar; |
| --- | --- |

(b)

the result of the comparison, including which identity data was considered as same or similar;

| (c) | the colour of the link following the automated comparison; |
| --- | --- |

(c)

the colour of the link following the automated comparison;

| (d) | the colour of the link following the manual processing subsequent to the creation of a yellow link; |
| --- | --- |

(d)

the colour of the link following the manual processing subsequent to the creation of a yellow link;

| (e) | the amendments to the links, including where the identity data was considered as similar. |
| --- | --- |

(e)

the amendments to the links, including where the identity data was considered as similar.

2.   The logs shall be stored in the common identity repository. They shall be stored for no longer than one year following the comparison of data. After that period, they shall be automatically erased.

3.   The logs shall be used by the common identity repository to produce automatic reports of activities and to support and monitor the accuracy of the comparison of data between EU information systems.

Article 5

Entry into force

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

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels, 11 July 2022.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 135, 22.5.2019, p. 27.

1

(2)  Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, p. 85).

2

(3)  Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 286, 1.11.2011, p. 1).

3

(4)  This Regulation falls outside the scope of the measures provided for in Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

4

acquis

(5)  
  OJ L 176, 10.7.1999, p. 36.

5

(6)  Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).

6

acquis

(7)  
  OJ L 53, 27.2.2008, p. 52.

7

(8)  Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).

8

acquis

(9)  
  OJ L 160, 18.6.2011, p. 21.

9

(10)  Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).

10

acquis

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

11

(12)  Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20).

12

(13)  Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1).

13

(14)  Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 (OJ L 312, 7.12.2018, p. 14).

14

(15)  Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen Information System for the return of illegally staying third-country nationals (OJ L 312, 7.12.2018, p. 1).

15

(16)  Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56).

16

(17)  Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System and amending Regulation (EU) 2018/1726 (OJ L 135, 22.5.2019, p. 1).

17

(18)  Regulation (EU) 2021/1134 of the European Parliament and of the Council of 7 July 2021 amending Regulations (EC) No 767/2008, (EC) No 810/2009, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1860, (EU) 2018/1861, (EU) 2019/817 and (EU) 2019/1896 of the European Parliament and of the Council and repealing Council Decisions 2004/512/EC and 2008/633/JHA, for the purpose of reforming the Visa Information System (OJ L 248, 13.7.2021, p. 11).

18

(19)  Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (OJ L 218, 13.8.2008, p. 60).

19

---

ANNEX I

1.   DATA FROM DIFFERENT INFORMATION SYSTEMS

| | Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- | --- |
| 1 | Names (including surname and first name) | Surnames
  Previously used surnames
  Aliases surnames
  Forenames
  Previously used forenames
  Aliases forenames
  Names at birth | Surname (family name)
  First name
  Names
  Given names | Surname (family name)
  Surname at birth
  Other names (aliases, artistic names, usual names)
  First name(s)
  Given name(s) | Surname (family name)
  Pseudonyms
  Aliases
  Previous names
  First names (Given names)
  Pseudonyms
  Aliases
  Previous names | Surname (family name)
  Surname at birth (former family name(s))
  First name(s) (given name(s)) |
| 2 | Date of birth | Date of birth
  Aliases date of birth | Date or birth | Date of birth | Date of birth | Date of birth |
| 3 | Gender | Gender
  Aliases gender | Sex | Sex | Gender | Sex |
| 4 | Nationality and place of birth | Any nationalities held
  Aliases nationality
  Place of birth (country of birth)
  Aliases place of birth (country of birth) | Nationality
  Nationalities | Current Nationality
  Place of birth | Nationality
  Nationalities
  Place of birth (town and country) | Current nationality
  Nationalities
  Nationality at birth
  Place and country of birth |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

1

Names (including surname and first name)

Surnames

Previously used surnames

Aliases surnames

Forenames

Previously used forenames

Aliases forenames

Names at birth

Surname (family name)

First name

Names

Given names

Surname (family name)

Surname at birth

Other names (aliases, artistic names, usual names)

First name(s)

Given name(s)

Surname (family name)

Pseudonyms

Aliases

Previous names

First names (Given names)

Pseudonyms

Aliases

Previous names

Surname (family name)

Surname at birth (former family name(s))

First name(s) (given name(s))

2

Date of birth

Date of birth

Aliases date of birth

Date or birth

Date of birth

Date of birth

Date of birth

3

Gender

Gender

Aliases gender

Sex

Sex

Gender

Sex

4

Nationality and place of birth

Any nationalities held

Aliases nationality

Place of birth (country of birth)

Aliases place of birth (country of birth)

Nationality

Nationalities

Current Nationality

Place of birth

Nationality

Nationalities

Place of birth (town and country)

Current nationality

Nationalities

Nationality at birth

Place and country of birth

In the case of the Schengen Information System, for each data provided for in the table, the identity data may belong to one of the following categories:

| (a) | ‘confirmed identity’, where the person’s identity has been confirmed on the basis of genuine identification documents, as a result of biometric matching or by a statement from the competent authorities; |
| --- | --- |

(a)

‘confirmed identity’, where the person’s identity has been confirmed on the basis of genuine identification documents, as a result of biometric matching or by a statement from the competent authorities;

| (b) | ‘not confirmed identity’, where there is not sufficient proof of the person’s identity; |
| --- | --- |

(b)

‘not confirmed identity’, where there is not sufficient proof of the person’s identity;

| (c) | ‘alias’, where a person uses a false or assumed identity; |
| --- | --- |

(c)

‘alias’, where a person uses a false or assumed identity;

| (d) | ‘misused identity’, where a person, subject to an alert in the Schengen Information System, uses the identity of another real person, in particular when a document is used to the detriment of the real owner of that document. |
| --- | --- |

(d)

‘misused identity’, where a person, subject to an alert in the Schengen Information System, uses the identity of another real person, in particular when a document is used to the detriment of the real owner of that document.

For the purposes of this table, aliases identity data refer to categories (b), (c) and (d), while the non-alias data refer to category (a).

2.   SAME IDENTITY DATA

This Annex lays down the cases in which identity data shall be considered as the same. In order for identity data to be considered as the same, all the conditions of Section 3 should be fulfilled.

3.   CASES WHERE IDENTITY DATA SHALL BE CONSIDERED AS THE SAME PER DATA CATEGORY

In order for identity data to be considered as the same, where a link is created between data from two EU information systems, the cumulative conditions laid down in Sections 3.1, 3.2, 3.3 and 3.4 shall be met.

3.1.   Names

| Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- |
| Names (including surname and first name) | Surnames
  Previously used surnames
  Aliases surnames
  Forenames
  Previously used forenames
  Names at birth
  Aliases forenames | Surname (family name)
  First name
  Names
  Given names | Surname (family name)
  Surname at birth
  Other names (aliases, artistic names, usual names)
  First name(s)
  Given name(s) | Surname (family name)
  Pseudonyms
  Aliases
  Previous names
  First names (Given names)
  Pseudonyms
  Aliases
  Previous names | Surname (family name)
  Surname at birth (former family name(s))
  First name(s) (given name(s)) |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

Names (including surname and first name)

Surnames

Previously used surnames

Aliases surnames

Forenames

Previously used forenames

Names at birth

Aliases forenames

Surname (family name)

First name

Names

Given names

Surname (family name)

Surname at birth

Other names (aliases, artistic names, usual names)

First name(s)

Given name(s)

Surname (family name)

Pseudonyms

Aliases

Previous names

First names (Given names)

Pseudonyms

Aliases

Previous names

Surname (family name)

Surname at birth (former family name(s))

First name(s) (given name(s))

In order for identity data to be considered as the same, where a link is created between data from two EU information systems, the following cumulative conditions must be met:

| (a) | the data inserted in at least one of the following data fields is equal in the two systems:






  (i) | surname; |
| --- | --- | --- |

(a)

the data inserted in at least one of the following data fields is equal in the two systems:

(i)

surname;

| (ii) | family name; |
| --- | --- |

(ii)

family name;

| (iii) | previously used surnames; |
| --- | --- |

(iii)

previously used surnames;

| (iv) | surname at birth; |
| --- | --- |

(iv)

surname at birth;

| (v) | other names (aliases, artistic names, usual names); |
| --- | --- |

(v)

other names (aliases, artistic names, usual names);

| (vi) | pseudonyms; |
| --- | --- |

(vi)

pseudonyms;

| (vii) | aliases surnames; |
| --- | --- |

(vii)

aliases surnames;

| (viii) | previous names; |
| --- | --- |

(viii)

previous names;

| (ix) | former family names; |
| --- | --- |

(ix)

former family names;

| (b) | the data inserted in at least one of the following data fields is equal in the two systems:






  (i) | first name; |
| --- | --- | --- |

(b)

the data inserted in at least one of the following data fields is equal in the two systems:

(i)

first name;

| (ii) | forename; |
| --- | --- |

(ii)

forename;

| (iii) | name; |
| --- | --- |

(iii)

name;

| (iv) | given names; |
| --- | --- |

(iv)

given names;

| (v) | previously used forenames; |
| --- | --- |

(v)

previously used forenames;

| (vi) | other names (aliases, artistic names, usual names); |
| --- | --- |

(vi)

other names (aliases, artistic names, usual names);

| (vii) | pseudonyms; |
| --- | --- |

(vii)

pseudonyms;

| (viii) | aliases forenames; |
| --- | --- |

(viii)

aliases forenames;

| (ix) | previous names. |
| --- | --- |

(ix)

previous names.

3.2.   Date of birth

| Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- |
| Date of birth | Date of birth
  Aliases date of birth | Date or birth | Date of birth | Date of birth | Date of birth |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

Date of birth

Date of birth

Aliases date of birth

Date or birth

Date of birth

Date of birth

Date of birth

In order for identity data to be considered as the same, where a link is created between data from two EU information systems, the values contained under the data-category ‘date of birth’ must be equal in both systems.

3.3.   Gender

| Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- |
| Gender | Gender
  Aliases gender | Sex | Sex | Gender | Sex |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

Gender

Gender

Aliases gender

Sex

Sex

Gender

Sex

In order for identity data to be considered as the same, where a link is created between data from two EU information systems, the data contained under the data-category ‘gender’ must be equal in both systems.

3.4.   Nationalities and place of birth

| Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- |
| Nationalities and place of birth | Any nationalities held
  Aliases nationality
  Place of birth (country of birth)
  Aliases place of birth (country of birth) | Nationality
  Nationalities | Current Nationality
  Place of birth | Nationality
  Nationalities
  Place of birth (town and country) | Current nationality
  Nationalities
  Nationality at birth
  Place and country of birth |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

Nationalities and place of birth

Any nationalities held

Aliases nationality

Place of birth (country of birth)

Aliases place of birth (country of birth)

Nationality

Nationalities

Current Nationality

Place of birth

Nationality

Nationalities

Place of birth (town and country)

Current nationality

Nationalities

Nationality at birth

Place and country of birth

In order for identity data to be considered as the same, where a link is created between data from two EU information systems, at least one of the data fields under the data-category ‘nationalities and place of birth’ must be equal in both systems, including at least one of the nationalities.

---

ANNEX II

1.   DATA FROM DIFFERENT INFORMATION SYSTEMS

| | Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- | --- |
| 1 | Names (including surname and first name) | Surnames
  Previously used surnames
  Aliases surnames
  Forenames
  Previously used forenames
  Names at birth
  Aliases forenames | Surname (family name)
  First name
  Names
  Given names | Surname (family name)
  Surname at birth
  Other names (aliases, artistic names, usual names)
  First name(s)
  Given name(s) | Surname (family name)
  Pseudonyms
  Aliases
  Previous names
  First names (Given names)
  Pseudonyms
  Aliases
  Previous names | Surname (family name)
  Surname at birth (former family name(s))
  First name(s) (given name(s)) |
| 2 | Date of birth | Date of birth
  Aliases date of birth | Date or birth | Date of birth | Date of birth | Date of birth |
| 3 | Gender | Gender
  Aliases gender | Sex | Sex | Gender | Sex |
| 4 | Nationality and place of birth | Any nationalities held
  Aliases nationality
  Place of birth (country of birth)
  Aliases place of birth (country of birth) | Nationality
  Nationalities | Current Nationality
  Place of birth | Nationality
  Nationalities
  Place of birth (town and country) | Current nationality
  Nationalities
  Nationality at birth
  Place and country of birth |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

1

Names (including surname and first name)

Surnames

Previously used surnames

Aliases surnames

Forenames

Previously used forenames

Names at birth

Aliases forenames

Surname (family name)

First name

Names

Given names

Surname (family name)

Surname at birth

Other names (aliases, artistic names, usual names)

First name(s)

Given name(s)

Surname (family name)

Pseudonyms

Aliases

Previous names

First names (Given names)

Pseudonyms

Aliases

Previous names

Surname (family name)

Surname at birth (former family name(s))

First name(s) (given name(s))

2

Date of birth

Date of birth

Aliases date of birth

Date or birth

Date of birth

Date of birth

Date of birth

3

Gender

Gender

Aliases gender

Sex

Sex

Gender

Sex

4

Nationality and place of birth

Any nationalities held

Aliases nationality

Place of birth (country of birth)

Aliases place of birth (country of birth)

Nationality

Nationalities

Current Nationality

Place of birth

Nationality

Nationalities

Place of birth (town and country)

Current nationality

Nationalities

Nationality at birth

Place and country of birth

In the case of the Schengen Information System, for each data provided for in the table, the identity data may belong to one of the following categories:

| (a) | ‘confirmed identity’, where the person’s identity has been confirmed on the basis of genuine identification documents, as a result of biometric matching or by a statement from the competent authorities; |
| --- | --- |

(a)

‘confirmed identity’, where the person’s identity has been confirmed on the basis of genuine identification documents, as a result of biometric matching or by a statement from the competent authorities;

| (b) | ‘not confirmed identity’, where there is not sufficient proof of the person’s identity; |
| --- | --- |

(b)

‘not confirmed identity’, where there is not sufficient proof of the person’s identity;

| (c) | ‘alias’, where a person uses a false or assumed identity; |
| --- | --- |

(c)

‘alias’, where a person uses a false or assumed identity;

| (d) | ‘misused identity’, where a person, subject to an alert in the Schengen Information System, uses the identity of another real person, in particular when a document is used to the detriment of the real owner of that document. |
| --- | --- |

(d)

‘misused identity’, where a person, subject to an alert in the Schengen Information System, uses the identity of another real person, in particular when a document is used to the detriment of the real owner of that document.

For the purposes of this table, aliases identity data refer to categories (b), (c) and (d), while the non-alias data refer to category (a).

2.   SIMILAR IDENTITY DATA

Section 3 provides an exhaustive list of rules for when identity data shall be considered as similar.

eu-LISA, assisted and advised by the Interoperability Advisory Group, shall apply these rules by means of an algorithm in consultation with the Commission assisted and advised by the Interoperability Subgroup of the Expert Group on Information Systems for Borders and Security (‘Expert Group’).

eu-LISA shall monitor the impact of the application of the algorithm and report, on a regular basis, to the Expert Group.

Where necessary, in order to limit the number of cases in which yellow links generated by the multiple-identity detector would need to be turned into white links by the responsible authorities, the Commission, assisted and advised by the Expert Group, shall request eu-LISA to adjust the algorithm by prioritising the yellow links created between identity data that are considered more similar, in compliance with the rules in Section 3.

The multiple-identity detector shall always check identity data against all rules laid down in section 3.

3.   CASES WHERE IDENTITY DATA SHALL BE CONSIDERED AS SIMILAR

3.1.   Names

| Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- |
| Names (including surname and first name) | Surnames
  Previously used surnames
  Aliases surnames
  Forenames
  Previously used forenames
  Names at birth
  Aliases forenames | Surname (family name)
  First name
  Names
  Given names | Surname (family name)
  Surname at birth
  Other names (aliases, artistic names, usual names)
  First name(s)
  Given name(s) | Surname (family name)
  Pseudonyms
  Aliases
  Previous names
  First names (Given names)
  Pseudonyms
  Aliases
  Previous names | Surname (family name)
  Surname at birth (former family name(s))
  First name(s) (given name(s)) |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

Names (including surname and first name)

Surnames

Previously used surnames

Aliases surnames

Forenames

Previously used forenames

Names at birth

Aliases forenames

Surname (family name)

First name

Names

Given names

Surname (family name)

Surname at birth

Other names (aliases, artistic names, usual names)

First name(s)

Given name(s)

Surname (family name)

Pseudonyms

Aliases

Previous names

First names (Given names)

Pseudonyms

Aliases

Previous names

Surname (family name)

Surname at birth (former family name(s))

First name(s) (given name(s))

Identity data of the data-category ‘names’ shall be considered similar where there are:

| (a) | known transliteration in names; |
| --- | --- |

(a)

known transliteration in names;

| (b) | inversions of the following categories of data:






  (i) | surname; family name; previously used surnames; surname at birth, name at birth; aliases surnames, former family names; |
| --- | --- | --- |

(b)

inversions of the following categories of data:

(i)

surname; family name; previously used surnames; surname at birth, name at birth; aliases surnames, former family names;

| (ii) | first name; forename; name; given names; previously used forenames; aliases forenames; |
| --- | --- |

(ii)

first name; forename; name; given names; previously used forenames; aliases forenames;

| (c) | cases where the first name, forename and surname are regrouped in one of the data fields; |
| --- | --- |

(c)

cases where the first name, forename and surname are regrouped in one of the data fields;

| (d) | cases where the order of two words is inversed, including both adjacent and non-adjacent; |
| --- | --- |

(d)

cases where the order of two words is inversed, including both adjacent and non-adjacent;

| (e) | cases where the order of two letters is inversed, including both adjacent and non-adjacent; |
| --- | --- |

(e)

cases where the order of two letters is inversed, including both adjacent and non-adjacent;

| (f) | cases where a single character edit including insertions, deletions and substitutions is required to have a data-category of one EU information system being equal to a data-category in another EU information system; |
| --- | --- |

(f)

cases where a single character edit including insertions, deletions and substitutions is required to have a data-category of one EU information system being equal to a data-category in another EU information system;

| (g) | cases where a difference is found due to the use of hyphens, commas or apostrophes; |
| --- | --- |

(g)

cases where a difference is found due to the use of hyphens, commas or apostrophes;

| (h) | cases where the name is truncated. |
| --- | --- |

(h)

cases where the name is truncated.

3.2.   Date of birth

| Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- |
| Date of birth | Date of birth
  Aliases date of birth | Date or birth | Date of birth | Date of birth | Date of birth |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

Date of birth

Date of birth

Aliases date of birth

Date or birth

Date of birth

Date of birth

Date of birth

Identity data of the data-category ‘date of birth’ shall be considered similar where there are:

| (a) | cases where the fields of month and day match if they are inversed; |
| --- | --- |

(a)

cases where the fields of month and day match if they are inversed;

| (b) | cases where the difference in date of birth is due to a known conversion of different calendars; |
| --- | --- |

(b)

cases where the difference in date of birth is due to a known conversion of different calendars;

| (c) | cases where a single character edit including insertions, deletions and substitutions is required to have a data-category of one EU information system being equal to a data-category in another EU information system. |
| --- | --- |

(c)

cases where a single character edit including insertions, deletions and substitutions is required to have a data-category of one EU information system being equal to a data-category in another EU information system.

3.3.   Gender

| Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- |
| Gender | Gender
  Aliases gender | Sex | Sex | Gender | Sex |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

Gender

Gender

Aliases gender

Sex

Sex

Gender

Sex

3.4.   Nationalities and place of birth

| Data-category | SIS | EES | ETIAS | ECRIS-TCN | VIS |
| --- | --- | --- | --- | --- | --- |
| Nationalities and place of birth | Any nationalities held
  Aliases nationality
  Place of birth (country of birth)
  Aliases place of birth (country of birth) | Nationality
  Nationalities | Current Nationality
  Place of birth | Nationality
  Nationalities
  Place of birth (town and country) | Current nationality
  Nationalities
  Nationality at birth
  Place and country of birth |

Data-category

SIS

EES

ETIAS

ECRIS-TCN

VIS

Nationalities and place of birth

Any nationalities held

Aliases nationality

Place of birth (country of birth)

Aliases place of birth (country of birth)

Nationality

Nationalities

Current Nationality

Place of birth

Nationality

Nationalities

Place of birth (town and country)

Current nationality

Nationalities

Nationality at birth

Place and country of birth

Identity data of the data-category ‘nationalities and place of birth’ shall be considered similar where there are:

| (a) | known transliteration in nationalities or place of birth; |
| --- | --- |

(a)

known transliteration in nationalities or place of birth;

| (b) | cases where a single character edit including insertions, deletions and substitutions is required to have a data-category of one EU information system being equal to a data-category in another EU information system; |
| --- | --- |

(b)

cases where a single character edit including insertions, deletions and substitutions is required to have a data-category of one EU information system being equal to a data-category in another EU information system;

| (c) | known cases where nationalities/countries/cities changed their denomination. |
| --- | --- |

(c)

known cases where nationalities/countries/cities changed their denomination.

---

| 15.2.2023 | EN | Official Journal of the European Union | L 47/29 |
| --- | --- | --- | --- |

15.2.2023

EN

Official Journal of the European Union

L 47/29

---

COMMISSION REGULATION (EU) 2023/334

of 2 February 2023

amending Annexes II and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for clothianidin and thiamethoxam 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 14(1)(a), Article 18(1)(b) and Article 49(2) thereof,

Whereas:

| (1) | For clothianidin and thiamethoxam maximum residue levels (MRLs) were set in Annex II to Regulation (EC) No 396/2005. The European Food Safety Authority (the ‘Authority’) reviewed these MRLs in accordance with Article 12 of Regulation (EC) No 396/2005 (2) and recommended MRLs which were found to be safe for consumers. Commission Regulation (EU) 2016/156 (3) included these MRLs in Annex II to Regulation (EC) No 396/2005. Some of these MRLs were based on Codex maximum residue limits (CXLs) and had already been included in Annex II to Regulation (EC) No 396/2005 through earlier amendments (4). |
| --- | --- |

(1)

For clothianidin and thiamethoxam maximum residue levels (MRLs) were set in Annex II to Regulation (EC) No 396/2005. The European Food Safety Authority (the ‘Authority’) reviewed these MRLs in accordance with Article 12 of Regulation (EC) No 396/2005 (2) and recommended MRLs which were found to be safe for consumers. Commission Regulation (EU) 2016/156 (3) included these MRLs in Annex II to Regulation (EC) No 396/2005. Some of these MRLs were based on Codex maximum residue limits (CXLs) and had already been included in Annex II to Regulation (EC) No 396/2005 through earlier amendments (4).

| (2) | On 11 July 2015 (5) the Codex Alimentarius Commission (CAC) adopted a new set CXLs for clothianidin and thiamethoxam. As they were found to be safe for consumers in the Union (6) by the Authority, Commission Regulation (EU) 2017/671 (7) included them in Regulation (EC) No 396/2005. |
| --- | --- |

(2)

On 11 July 2015 (5) the Codex Alimentarius Commission (CAC) adopted a new set CXLs for clothianidin and thiamethoxam. As they were found to be safe for consumers in the Union (6) by the Authority, Commission Regulation (EU) 2017/671 (7) included them in Regulation (EC) No 396/2005.

| (3) | Clothianidin and thiamethoxam were included in Annex I to Council Directive 91/414/EEC (8) on 1 August 2006 and 1 February 2007, respectively, and, therefore, before the entry into force of Regulation (EC) No 1107/2009 of the European Parliament and of the Council (9). The most recent risk assessments (10) (11) for bees from the exposure to these substances conducted by the Authority under Regulation (EC) No 1107/2009 found that, due to their intrinsic properties, the exposure from outdoor use of clothianidin and thiamethoxam leads to unacceptable risks for bees, or such risks could not be excluded based on the available data. Therefore, Commission Implementing Regulations (EU) 2018/784 (12) and (EU) 2018/785 (13) restricted, the approval of clothianidin and thiamethoxam, respectively, to uses in permanent greenhouses only and required that the resulting crops stayed within a permanent greenhouse during their entire life cycle. |
| --- | --- |

(3)

Clothianidin and thiamethoxam were included in Annex I to Council Directive 91/414/EEC (8) on 1 August 2006 and 1 February 2007, respectively, and, therefore, before the entry into force of Regulation (EC) No 1107/2009 of the European Parliament and of the Council (9). The most recent risk assessments (10) (11) for bees from the exposure to these substances conducted by the Authority under Regulation (EC) No 1107/2009 found that, due to their intrinsic properties, the exposure from outdoor use of clothianidin and thiamethoxam leads to unacceptable risks for bees, or such risks could not be excluded based on the available data. Therefore, Commission Implementing Regulations (EU) 2018/784 (12) and (EU) 2018/785 (13) restricted, the approval of clothianidin and thiamethoxam, respectively, to uses in permanent greenhouses only and required that the resulting crops stayed within a permanent greenhouse during their entire life cycle.

| (4) | Following the adoption of these restrictions, all applications for the renewal of the approval of the active substances clothianidin and thiamethoxam were withdrawn. Therefore, the approval of clothianidin expired on 31 January 2019 and the approval of thiamethoxam expired on 30 April 2019. |
| --- | --- |

(4)

Following the adoption of these restrictions, all applications for the renewal of the approval of the active substances clothianidin and thiamethoxam were withdrawn. Therefore, the approval of clothianidin expired on 31 January 2019 and the approval of thiamethoxam expired on 30 April 2019.

| (5) | In the light of the Authority’s risk assessment for bees and of all the available pertinent information, there is currently no evidence that would allow any outdoor uses for clothianidin and thiamethoxam to be considered as safe for bees. Producers of the substances can however, at any time, submit additional information, as provided in Articles 7 of Regulation (EC) No 1107/2009, demonstrating the safety for bees of outdoor uses of clothianidin and thiamethoxam. That information, if submitted, would be reviewed within the time period provided for in that Regulation. To date, no such information has been submitted. |
| --- | --- |

(5)

In the light of the Authority’s risk assessment for bees and of all the available pertinent information, there is currently no evidence that would allow any outdoor uses for clothianidin and thiamethoxam to be considered as safe for bees. Producers of the substances can however, at any time, submit additional information, as provided in Articles 7 of Regulation (EC) No 1107/2009, demonstrating the safety for bees of outdoor uses of clothianidin and thiamethoxam. That information, if submitted, would be reviewed within the time period provided for in that Regulation. To date, no such information has been submitted.

| (6) | Adverse effects of clothianidin and thiamethoxam on bees are directly linked to the intrinsic properties of those substances. Therefore, the risks for bees from outdoor uses of these substances are unlikely to be limited to the Union. |
| --- | --- |

(6)

Adverse effects of clothianidin and thiamethoxam on bees are directly linked to the intrinsic properties of those substances. Therefore, the risks for bees from outdoor uses of these substances are unlikely to be limited to the Union.

| (7) | There is a substantial body of evidence showing that active substances which are neonicotinoids, such as clothianidin and thiamethoxam, play an important role in the decline of bees and other pollinators worldwide. The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services on pollinators, pollination and food production concluded in its 2016 assessment report (14) that neonicotinoids (such as clothianidin and thiamethoxam) have adverse effects on bees and other pollinators. The impact of neonicotinoids on wildlife has been assessed by the International Union for Conservation of Nature (IUCN) Task Force on Systemic Pesticides since 2012. The Worldwide Integrated Assessment of the Impact of Systemic Pesticides on Biodiversity and Ecosystems (WIA) has examined 1 121 scientific studies and results indicate that pollinator populations are highly vulnerable to the existing levels of pollution with neonicotinoids and are likely to have large-scale and wide ranging negative biological and ecological impacts (15). A recent review of the existing scientific knowledge corroborated this conclusion indicating that neonicotinoid use is driving the decline of pollinator population in different world regions (16). |
| --- | --- |

(7)

There is a substantial body of evidence showing that active substances which are neonicotinoids, such as clothianidin and thiamethoxam, play an important role in the decline of bees and other pollinators worldwide. The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services on pollinators, pollination and food production concluded in its 2016 assessment report (14) that neonicotinoids (such as clothianidin and thiamethoxam) have adverse effects on bees and other pollinators. The impact of neonicotinoids on wildlife has been assessed by the International Union for Conservation of Nature (IUCN) Task Force on Systemic Pesticides since 2012. The Worldwide Integrated Assessment of the Impact of Systemic Pesticides on Biodiversity and Ecosystems (WIA) has examined 1 121 scientific studies and results indicate that pollinator populations are highly vulnerable to the existing levels of pollution with neonicotinoids and are likely to have large-scale and wide ranging negative biological and ecological impacts (15). A recent review of the existing scientific knowledge corroborated this conclusion indicating that neonicotinoid use is driving the decline of pollinator population in different world regions (16).

| (8) | Since the ban on outdoor uses of clothianidin and thiamethoxam in the Union, several countries outside the Union have also restricted the use of clothianidin and thiamethoxam to protect pollinators, including bees (17) (18) (19). Other countries are currently re-evaluating their approval of these active substances (20) (21) (22). |
| --- | --- |

(8)

Since the ban on outdoor uses of clothianidin and thiamethoxam in the Union, several countries outside the Union have also restricted the use of clothianidin and thiamethoxam to protect pollinators, including bees (17) (18) (19). Other countries are currently re-evaluating their approval of these active substances (20) (21) (22).

| (9) | Regulation (EC) No 396/2005 establishes in accordance with the general principles laid down in Regulation (EC) No 178/2002 (23) provisions related to maximum residue levels of pesticides residues in or on food and feed of plant and animal origin. In accordance with Article 5(1) of the latter Regulation, food law shall pursue one or more of the general objectives of a high level of protection of human life and health and the protection of consumers’ interests, including fair practices in food trade, taking into account, where appropriate, the protection of animal health and welfare, plant health and the environment. |
| --- | --- |

(9)

Regulation (EC) No 396/2005 establishes in accordance with the general principles laid down in Regulation (EC) No 178/2002 (23) provisions related to maximum residue levels of pesticides residues in or on food and feed of plant and animal origin. In accordance with Article 5(1) of the latter Regulation, food law shall pursue one or more of the general objectives of a high level of protection of human life and health and the protection of consumers’ interests, including fair practices in food trade, taking into account, where appropriate, the protection of animal health and welfare, plant health and the environment.

| (10) | There is growing worldwide concern that the decline of pollinators is a serious threat to global biodiversity, the environment and sustainable development, as well as to maintaining agricultural productivity and food security. According to the Convention on Biological Diversity’s International Initiative for the Conservation and Sustainable Use of Pollinators (24), pollination is one of the most important mechanisms in the maintenance and promotion of biodiversity and, in general, life on earth. Many ecosystems, including agro-ecosystems and two thirds of major food crops depend on pollinators for quality or yield. The Food and Agriculture Organization of the United Nations (FAO) calls for actions to address the drivers of pollinator decline for the sake of sustainable global food production (25). Highly dependent on pollination, foods such as fruits, vegetables, nuts and seeds are the main dietary contributors of micronutrients necessary to prevent the risk of some non-communicable diseases in humans (26) (27). Therefore, pollinators are important to ensure diversity in diet and to reduce the threat to biodiversity in the global environment. |
| --- | --- |

(10)

There is growing worldwide concern that the decline of pollinators is a serious threat to global biodiversity, the environment and sustainable development, as well as to maintaining agricultural productivity and food security. According to the Convention on Biological Diversity’s International Initiative for the Conservation and Sustainable Use of Pollinators (24), pollination is one of the most important mechanisms in the maintenance and promotion of biodiversity and, in general, life on earth. Many ecosystems, including agro-ecosystems and two thirds of major food crops depend on pollinators for quality or yield. The Food and Agriculture Organization of the United Nations (FAO) calls for actions to address the drivers of pollinator decline for the sake of sustainable global food production (25). Highly dependent on pollination, foods such as fruits, vegetables, nuts and seeds are the main dietary contributors of micronutrients necessary to prevent the risk of some non-communicable diseases in humans (26) (27). Therefore, pollinators are important to ensure diversity in diet and to reduce the threat to biodiversity in the global environment.

| (11) | As the decline in pollinators is an issue of international concern, Union measures need to be adopted to protect pollinator populations worldwide, including bees, from the risks of active substances, such as the neonicotinoids clothianidin and thiamethoxam. Preserving the pollinator population within the Union only would be insufficient to reverse the worldwide decline of pollinator populations and its effects on biodiversity, agricultural production and food security, also in the Union. |
| --- | --- |

(11)

As the decline in pollinators is an issue of international concern, Union measures need to be adopted to protect pollinator populations worldwide, including bees, from the risks of active substances, such as the neonicotinoids clothianidin and thiamethoxam. Preserving the pollinator population within the Union only would be insufficient to reverse the worldwide decline of pollinator populations and its effects on biodiversity, agricultural production and food security, also in the Union.

| (12) | In accordance with Article 3(2)(d) of Regulation (EC) No 396/2005, MRLs for clothianidin and thiamethoxam were based on Good Agricultural Practices (GAPs) as defined in Article 3(2)(a) of that Regulation, which took into account, in particular, considerations of efficiency to combat plant pests, and protection of the environment and public health in the context of the authorisation of the use of plant protection products containing those substances. The MRLs resulting from these GAPs were subsequently considered and found safe for consumers in the Union. It is now appropriate to complement the regulatory response to date by better integrating within it environmental considerations taking into account in particular whether the GAPs used in the past as a basis for setting MRLs ensure a sufficient protection of the environment, based on current knowledge. GAPs involving outdoor uses of clothianidin and thiamethoxam are not acceptable, in light of current scientific and technical knowledge, due to their effects on bees. Given the global nature of pollinator decline, there is a need to ensure that also commodities imported into the Union do not contain residues resulting from GAPs based on outdoor uses of clothianidin and/or thiamethoxam, in order to avoid the transfer of adverse effects on bees from food production in the Union to production of food in other parts of the world that is then imported into the Union (28). This is appropriate to ensure that all products produced or consumed in the Union are free from clothianidin and thiamethoxam and the production is not associated with pollinator mortality. In view of this, CXLs based on GAPs that do not achieve the appropriate level of protection of the Union should no longer be provided for as MRLs pursuant to Regulation (EC) No 396/2005. |
| --- | --- |

(12)

In accordance with Article 3(2)(d) of Regulation (EC) No 396/2005, MRLs for clothianidin and thiamethoxam were based on Good Agricultural Practices (GAPs) as defined in Article 3(2)(a) of that Regulation, which took into account, in particular, considerations of efficiency to combat plant pests, and protection of the environment and public health in the context of the authorisation of the use of plant protection products containing those substances. The MRLs resulting from these GAPs were subsequently considered and found safe for consumers in the Union. It is now appropriate to complement the regulatory response to date by better integrating within it environmental considerations taking into account in particular whether the GAPs used in the past as a basis for setting MRLs ensure a sufficient protection of the environment, based on current knowledge. GAPs involving outdoor uses of clothianidin and thiamethoxam are not acceptable, in light of current scientific and technical knowledge, due to their effects on bees. Given the global nature of pollinator decline, there is a need to ensure that also commodities imported into the Union do not contain residues resulting from GAPs based on outdoor uses of clothianidin and/or thiamethoxam, in order to avoid the transfer of adverse effects on bees from food production in the Union to production of food in other parts of the world that is then imported into the Union (28). This is appropriate to ensure that all products produced or consumed in the Union are free from clothianidin and thiamethoxam and the production is not associated with pollinator mortality. In view of this, CXLs based on GAPs that do not achieve the appropriate level of protection of the Union should no longer be provided for as MRLs pursuant to Regulation (EC) No 396/2005.

| (13) | Furthermore, all authorisations for plant protection products containing clothianidin and/or thiamethoxam in the Union have been revoked. It is therefore appropriate to delete the corresponding MRLs set out in Annex II of Regulation (EC) No 396/2005, in accordance with Article 17 of that Regulation in conjunction with Article 14(1)(a). |
| --- | --- |

(13)

Furthermore, all authorisations for plant protection products containing clothianidin and/or thiamethoxam in the Union have been revoked. It is therefore appropriate to delete the corresponding MRLs set out in Annex II of Regulation (EC) No 396/2005, in accordance with Article 17 of that Regulation in conjunction with Article 14(1)(a).

| (14) | Therefore, taking into account all the factors relevant to the matter under consideration in accordance with Article 14(2), read in the light of Article 11 of the Treaty of the Functioning of the European Union, requiring that ‘environmental protection requirements must be integrated into the definition and implementation of the Union’s policies and activities, in particular with a view to promoting sustainable development’, all the current MRLs for clothianidin and/or thiamethoxam as set out by Regulation (EC) No 396/2005 should be lowered to the Limit of Determination (LODs). |
| --- | --- |

(14)

Therefore, taking into account all the factors relevant to the matter under consideration in accordance with Article 14(2), read in the light of Article 11 of the Treaty of the Functioning of the European Union, requiring that ‘environmental protection requirements must be integrated into the definition and implementation of the Union’s policies and activities, in particular with a view to promoting sustainable development’, all the current MRLs for clothianidin and/or thiamethoxam as set out by Regulation (EC) No 396/2005 should be lowered to the Limit of Determination (LODs).

| (15) | The Commission consulted the European Union reference laboratories on analytically achievable LODs specific to each product. Those LODs should be listed in Annex V in accordance with Article 18(1)(b) of Regulation (EC) No 396/2005. |
| --- | --- |

(15)

The Commission consulted the European Union reference laboratories on analytically achievable LODs specific to each product. Those LODs should be listed in Annex V in accordance with Article 18(1)(b) of Regulation (EC) No 396/2005.

| (16) | Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account. |
| --- | --- |

(16)

Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account.

| (17) | Regulation (EC) No 396/2005 should therefore be amended accordingly. |
| --- | --- |

(17)

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

| (18) | In order to allow for the normal marketing, processing and consumption of products, this Regulation should provide for a transitional arrangement for products which have been produced in or imported into the Union before the modification of the MRLs and for which information shows that for such products complying with the existing MRLs a high level of consumer protection is maintained. |
| --- | --- |

(18)

In order to allow for the normal marketing, processing and consumption of products, this Regulation should provide for a transitional arrangement for products which have been produced in or imported into the Union before the modification of the MRLs and for which information shows that for such products complying with the existing MRLs a high level of consumer protection is maintained.

| (19) | A reasonable period should be allowed to elapse before the modified MRLs become applicable in order to permit operators in third countries, especially in least developed and developing countries, and food business operators to prepare themselves to meet the new requirements which will result from the modification of the MRLs. Such adaptation of agricultural practices can be reasonably expected to be achieved after at least two growing seasons. |
| --- | --- |

(19)

A reasonable period should be allowed to elapse before the modified MRLs become applicable in order to permit operators in third countries, especially in least developed and developing countries, and food business operators to prepare themselves to meet the new requirements which will result from the modification of the MRLs. Such adaptation of agricultural practices can be reasonably expected to be achieved after at least two growing seasons.

| (20) | In order to meet the needs of international trade, applications for import tolerances for clothianidin or thiamethoxam maybe be submitted pursuant to Article 7 of Regulation (EC) No 396/2005 and should provide relevant information to demonstrate that the GAPs applying for the specific uses of the active substances are safe for pollinators. That information, if submitted, would be assessed on a case by case basis within the time period provided for in that Regulation. In the context of the assessment of a request for an import tolerance, if an applicant provides scientific evidence that the use of these neonicotinoids does not adversely impact pollinators, if all requirements are met, an import tolerance could be set by the Commission. |
| --- | --- |

(20)

In order to meet the needs of international trade, applications for import tolerances for clothianidin or thiamethoxam maybe be submitted pursuant to Article 7 of Regulation (EC) No 396/2005 and should provide relevant information to demonstrate that the GAPs applying for the specific uses of the active substances are safe for pollinators. That information, if submitted, would be assessed on a case by case basis within the time period provided for in that Regulation. In the context of the assessment of a request for an import tolerance, if an applicant provides scientific evidence that the use of these neonicotinoids does not adversely impact pollinators, if all requirements are met, an import tolerance could be set by the Commission.

| (21) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(21)

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 V to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.

Article 2

Regulation (EC) No 396/2005 as it stood before being amended by this Regulation shall continue to apply to products, which were produced in the Union or imported into the Union before 7 March 2026.

Article 3

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

It shall apply from 7 March 2026.

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

Done at Brussels, 2 February 2023.

For the Commission

The President

Ursula VON DER LEYEN

---

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

1

(2)  EFSA (European Food Safety Authority), 2014. Reasoned opinion on the review of the existing maximum residue levels (MRLs) for clothianidin and thiamethoxam according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2014;12(12):3918, 120 pp. doi:10.2903/j.efsa.2014.3918.

2

(3)  Commission Regulation (EU) 2016/156 of 18 January 2016 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for boscalid, clothianidin, thiamethoxam, folpet and tolclofos-methyl in or on certain products (OJ L 31, 6.2.2016, p. 1).

3

(4)  Commission Regulation (EU) No 441/2012 of 24 May 2012 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for bifenazate, bifenthrin, boscalid, cadusafos, chlorantraniliprole, chlorothalonil, clothianidin, cyproconazole, deltamethrin, dicamba, difenoconazole, dinocap, etoxazole, fenpyroximate, flubendiamide, fludioxonil, glyphosate, metalaxyl-M, meptyldinocap, novaluron, thiamethoxam, and triazophos in or on certain products (OJ L 135, 25.5.2012, p. 4).

4

(5)  Joint FAO/WHO food standards programme Codex Alimentarius Commission. Appendices III and IV. Thirty-Eight Session. Geneva, Switzerland, 6-11 July 2015.

5

(6)  European Food Safety Authority; Scientific support for preparing an EU position in the 47th Session of the Codex Committee on Pesticide Residues (CCPR). EFSA Journal 2015;13(7):4208 178 pp. doi: 10.2903/j.efsa.2015.4208.

6

(7)  Commission Regulation (EU) 2017/671 of 7 April 2017 amending Annex II to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for clothianidin and thiamethoxam in or on certain products (OJ L 97, 8.4.2017, p. 9).

7

(8)  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).

8

(9)  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).

9

(10)  European Food Safety Authority; Peer review of the pesticide risk assessment for bees for the active substance clothianidin considering the uses as seed treatments and granules. EFSA Journal 2018;16(2):5177.

10

(11)  European Food Safety Authority; Peer review of the pesticide risk assessment for bees for the active substance thiamethoxam considering the uses as seed treatments and granules. EFSA Journal 2018;16(2):5179.

11

(12)  Commission Implementing Regulation (EU) 2018/784 of 29 May 2018 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance clothianidin (OJ L 132, 30.5.2018, p. 35).

12

(13)  Commission Implementing Regulation (EU) 2018/785 of 29 May 2018 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance thiamethoxam (OJ L 132, 30.5.2018, p. 40).

13

(14)  IPBES (2016). The assessment report of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services on pollinators, pollination and food production. S.G. Potts, V. L. Imperatriz-Fonseca, and H. T. Ngo (eds). Secretariat of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services, Bonn, Germany. 552 pages. https://doi.org/10.5281/zenodo.3402856.

14

(15)  IUCN SSC CEM Task Force on Systemic Pesticides. Worldwide Integrated Assessment. Peer reviewed scientific journal articles compiled in Environmental Science and Pollution Research volume 22, issue 1, January 2015.

15

(16)  Neonic Insecticides and Invertebrate Species Endangerment, Pierre Mineau. Module in Earth Systems and Environmental Sciences. 2021.

16

https://www.sciencedirect.com/science/article/pii/B9780128211397001264.

(17)  Health Canada’s Pest Management Regulatory Agency. Re-evaluation Decision RVD2019-05, Clothianidin and Its Associated End-use Products: Pollinator Re-evaluation. Pest Management Regulatory Agency 11 April 2019 ISSN: 1925-0886.

17

(18)  Health Canada’s Pest Management Regulatory Agency. Re-evaluation Decision RVD2019-04,. Thiamethoxam and Its Associated End-use Products: Pollinator Re-evaluation. Pest Management Regulatory Agency 11 April 2019 ISSN: 1925-0886.

18

(19)  Ministerio de Ganadería, Agricultura y PESCA de Paraguay. Resolución No 503/019 DGSA Modificación de etiquetas para los Productos Fitosanitarios a base de los ingredientes activos Clotianidina, Imidacloprid, Tiametoxan y Clorpirifos. December 2019.

19

(20)  Australian Pesticides and Veterinary Medicines Authority. Reconsideration of Neonicotinoid Approvals and Registrations. Commonwealth of Australia Gazette No. APVMA 23, November 2019. https://apvma.gov.au/sites/default/files/apvma_gazette_23_19_november_2019.pdf.

20

(21)  New Zealand Environmental Protection Authority. Application to decide whether there are grounds for reassessment of the neonicotinoids clothianidin, thiamethoxam, imidacloprid, thiacloprid, and acetamiprid (APP203949). December 2019. https://www.epa.govt.nz/assets/FileAPI/hsno-ar/APP203949/APP203949_Final_Neonicotinoids_Decision_16-12-2019.pdf.

21

(22)  United States Environmental Protection Agency. Proposed Interim Registration Review Decision Case Numbers 7620 and 7614. Docket Numbers EPA-HQ-OPP-2011-0865 and EPA-HQ-OPP-2011-0581. January 2020.

22

(23)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

23

(24)  https://www.cbd.int/doc/decisions/cop-14/cop-14-dec-06-en.pdf.

24

(25)  FAO. 2019. The State of the World’s Biodiversity for Food and Agriculture, J. Bélanger & D. Pilling (eds.). FAO Commission on Genetic Resources for Food and Agriculture Assessments. Rome. 572 pp. https://www.fao.org/3/CA3129EN/CA3129EN.pdf.

25

(26)  Effects of decreases of animal pollinators on human nutrition and global health: a modelling analysis. MR Smith, GM Singh, D Mozaffarian, SS Myers. The Lancet 386, Issue 10007; 2015. doi: 10.1016/S0140-6736(15)61085-6.

26

(27)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Europe’s Beating Cancer Plan. COM (2021) 44. https://eur-lex.europa.eu/legal-content/en/TXT/?uri=COM%3A2021%3A44%3AFIN.

27

(28)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system. COM (2020) 381. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020DC0381.

28

---

ANNEX

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

| (1) | in Annex II the columns for clothianidin and thiamethoxam are deleted; |
| --- | --- |

(1)

in Annex II the columns for clothianidin and thiamethoxam are deleted;

| (2) | in Annex V the columns for clothianidin and thiamethoxam are added:

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









  Code number | Groups and examples of individual products to which the MRLs apply
   (1) | Clothianidin | Thiamethoxam |
| --- | --- | --- | --- | --- |
| (1) | (2) | (3) | (4) |
| 0100000 | FRUITS, FRESH or FROZEN; TREE NUTS | 0,01
   (*) | 0,01
   (*) |
| 0110000 | Citrus fruits | | |
| 0110010 | Grapefruits | | |
| 0110020 | Oranges | | |
| 0110030 | Lemons | | |
| 0110040 | Limes | | |
| 0110050 | Mandarins | | |
| 0110990 | Others (2) | | |
| 0120000 | Tree nuts | | |
| 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 | | |
| 0130010 | Apples | | |
| 0130020 | Pears | | |
| 0130030 | Quinces | | |
| 0130040 | Medlars | | |
| 0130050 | Loquats/Japanese medlars | | |
| 0130990 | Others (2) | | |
| 0140000 | Stone fruits | | |
| 0140010 | Apricots | | |
| 0140020 | Cherries (sweet) | | |
| 0140030 | Peaches | | |
| 0140040 | Plums | | |
| 0140990 | Others (2) | | |
| 0150000 | Berries and small fruits | | |
| 0151000 | (a) | grapes |

(2)

in Annex V the columns for clothianidin and thiamethoxam are added:

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

Code number

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

Clothianidin

Thiamethoxam

(1)

(2)

(3)

(4)

0100000

FRUITS, FRESH or FROZEN; TREE NUTS

0,01
   (*)

0,01
   (*)

0110000

Citrus fruits

0110010

Grapefruits

0110020

Oranges

0110030

Lemons

0110040

Limes

0110050

Mandarins

0110990

Others (2)

0120000

Tree nuts

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

0130010

Apples

0130020

Pears

0130030

Quinces

0130040

Medlars

0130050

Loquats/Japanese medlars

0130990

Others (2)

0140000

Stone fruits

0140010

Apricots

0140020

Cherries (sweet)

0140030

Peaches

0140040

Plums

0140990

Others (2)

0150000

Berries and small fruits

0151000

(a)

grapes

0151010

Table grapes

0151020

Wine grapes

0152000

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

(b)

strawberries

0153000

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

(c)

cane fruits

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

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 fruits with

0161000

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

(a)

edible peel

0161010

Dates

0161020

Figs

0161030

Table olives

0161040

Kumquats

0161050

Carambolas

0161060

Kaki/Japanese persimmons

0161070

Jambuls/jambolans

0161990

Others (2)

0162000

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

(b)

inedible peel, small

0162010

Kiwi fruits (green, red, yellow)

0162020

Litchis/lychees

0162030

Passionfruits/maracujas

0162040

Prickly pears/cactus fruits

0162050

Star apples/cainitos

0162060

American persimmons/Virginia kaki

0162990

Others (2)

0163000

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

(c)

inedible peel, large

0163010

Avocados

0163020

Bananas

0163030

Mangoes

0163040

Papayas

0163050

Granate apples/pomegranates

0163060

Cherimoyas

0163070

Guavas

0163080

Pineapples

0163090

Breadfruits

0163100

Durians

0163110

Soursops/guanabanas

0163990

Others (2)

0200000

VEGETABLES, FRESH or FROZEN

0210000

Root and tuber vegetables

0,01
   (*)

0,01
   (*)

0211000

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

(a)

potatoes

0212000

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

(b)

tropical root and tuber vegetables

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

0213010

Beetroots

0213020

Carrots

0213030

Celeriacs/turnip rooted celeries

0213040

Horseradishes

0213050

Jerusalem artichokes

0213060

Parsnips

0213070

Parsley roots/Hamburg roots parsley

0213080

Radishes

0213090

Salsifies

0213100

Swedes/rutabagas

0213110

Turnips

0213990

Others (2)

0220000

Bulb vegetables

0,01  (*)

0,01  (*)

0220010

Garlic

0220020

Onions

0220030

Shallots

0220040

Spring onions/green onions and Welsh onions

0220990

Others (2)

0230000

Fruiting vegetables

0,01
   (*)

0,01
   (*)

0231000

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

(a)

Solanaceae and Malvaceae

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

0232010

Cucumbers

0232020

Gherkins

0232030

Courgettes

0232990

Others (2)

0233000

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

(c)

cucurbits with inedible peel

0233010

Melons

0233020

Pumpkins

0233030

Watermelons

0233990

Others (2)

0234000

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

(d)

sweet corn

0239000

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

(e)

other fruiting vegetables

0240000

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

0,01
   (*)

0,01
   (*)

0241000

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

(a)

flowering brassica

0241010

Broccoli

0241020

Cauliflowers

0241990

Others (2)

0242000

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

(b)

head brassica

0242010

Brussels sprouts

0242020

Head cabbages

0242990

Others (2)

0243000

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

(c)

leafy brassica

0243010

Chinese cabbages/pe-tsai

0243020

Kales

0243990

Others (2)

0244000

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

(d)

kohlrabies

0250000

Leaf vegetables, herbs and edible flowers

0251000

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

(a)

lettuces and salad plants

0,01
   (*)

0,01
   (*)

0251010

Lamb's lettuces/corn salads

0251020

Lettuces

0251030

Escaroles/broad-leaved endives

0251040

Cresses and other sprouts and shoots

0251050

Land cresses

0251060

Roman rocket/rucola

0251070

Red mustards

0251080

Baby leaf crops (including brassica species)

0251990

Others (2)

0252000

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

(b)

spinaches and similar leaves

0,01  (*)

0,01  (*)

0252010

Spinaches

0252020

Purslanes

0252030

Chards/beet leaves

0252990

Others (2)

0253000

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

(c)

grape leaves and similar species

0,01  (*)

0,01  (*)

0254000

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

(d)

watercresses

0,01  (*)

0,01  (*)

0255000

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

(e)

witloofs/Belgian endives

0,01  (*)

0,01  (*)

0256000

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

(f)

herbs and edible flowers

0,02
   (*)

0,02
   (*)

0256010

Chervil

0256020

Chives

0256030

Celery leaves

0256040

Parsley

0256050

Sage

0256060

Rosemary

0256070

Thyme

0256080

Basil and edible flowers

0256090

Laurel/bay leaves

0256100

Tarragon

0256990

Others (2)

0260000

Legume vegetables

0,01
   (*)

0,01
   (*)

0260010

Beans (with pods)

0260020

Beans (without pods)

0260030

Peas (with pods)

0260040

Peas (without pods)

0260050

Lentils

0260990

Others (2)

0270000

Stem vegetables

0,01
   (*)

0,01
   (*)

0270010

Asparagus

0270020

Cardoons

0270030

Celeries

0270040

Florence fennels

0270050

Globe artichokes

0270060

Leeks

0270070

Rhubarbs

0270080

Bamboo shoots

0270090

Palm hearts

0270990

Others (2)

0280000

Fungi, mosses and lichens

0,01  (*)

0,01  (*)

0280010

Cultivated fungi

0280020

Wild fungi

0280990

Mosses and lichens

0290000

Algae and prokaryotes organisms

0,01  (*)

0,01  (*)

0300000

PULSES

0,01
   (*)

0,01
   (*)

0300010

Beans

0300020

Lentils

0300030

Peas

0300040

Lupins/lupini beans

0300990

Others (2)

0400000

OILSEEDS AND OIL FRUITS

0,01
   (*)

0,01
   (*)

0401000

Oilseeds

0401010

Linseeds

0401020

Peanuts/groundnuts

0401030

Poppy seeds

0401040

Sesame seeds

0401050

Sunflower seeds

0401060

Rapeseeds/canola seeds

0401070

Soyabeans

0401080

Mustard seeds

0401090

Cotton seeds

0401100

Pumpkin seeds

0401110

Safflower seeds

0401120

Borage seeds

0401130

Gold of pleasure seeds

0401140

Hemp seeds

0401150

Castor beans

0401990

Others (2)

0402000

Oil fruits

0402010

Olives for oil production

0402020

Oil palms kernels

0402030

Oil palms fruits

0402040

Kapok

0402990

Others (2)

0500000

CEREALS

0,01
   (*)

0,01
   (*)

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
   (*)

0,05
   (*)

0620000

Coffee beans

0,05  (*)

0,05
   (*)

0630000

Herbal infusions from

0,05  (*)

0,05  (*)

0631000

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

(a)

flowers

0631010

Chamomile

0631020

Hibiscus/roselle

0631030

Rose

0631040

Jasmine

0631050

Lime/linden

0631990

Others (2)

0632000

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

(b)

leaves and herbs

0632010

Strawberry

0632020

Rooibos

0632030

Mate/maté

0632990

Others (2)

0633000

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

(c)

roots

0633010

Valerian

0633020

Ginseng

0633990

Others (2)

0639000

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

(d)

any other parts of the plant

0640000

Cocoa beans

0,02  (*)

0,02  (*)

0650000

Carobs/Saint John's breads

0,05  (*)

0,05  (*)

0700000

HOPS

0,05
   (*)

0,05
   (*)

0800000

SPICES

0810000

Seed spices

0,05  (*)

0,05  (*)

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  (*)

0,05  (*)

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  (*)

0,05  (*)

0830010

Cinnamon

0830990

Others (2)

0840000

Root and rhizome spices

0840010

Liquorice

0,05  (*)

0,05  (*)

0840020

Ginger (10)

0840030

Turmeric/curcuma

0,05  (*)

0,05  (*)

0840040

Horseradish (11)

0840990

Others (2)

0,05  (*)

0,05  (*)

0850000

Bud spices

0,05  (*)

0,05  (*)

0850010

Cloves

0850020

Capers

0850990

Others (2)

0860000

Flower pistil spices

0,05  (*)

0,05  (*)

0860010

Saffron

0860990

Others (2)

0870000

Aril spices

0,05  (*)

0,05  (*)

0870010

Mace

0870990

Others (2)

0900000

SUGAR PLANTS

0,01
   (*)

0,01
   (*)

0900010

Sugar beet roots

0900020

Sugar canes

0900030

Chicory roots

0900990

Others (2)

1000000

PRODUCTS OF ANIMAL ORIGIN -TERRESTRIAL ANIMALS

1010000

Commodities from

0,02
   (*)

0,02
   (*)

1011000

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

(a)

swine

1011010

Muscle

1011020

Fat

1011030

Liver

1011040

Kidney

1011050

Edible offals (other than liver and kidney)

1011990

Others (2)

1012000

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

(b)

bovine

1012010

Muscle

1012020

Fat

1012030

Liver

1012040

Kidney

1012050

Edible offals (other than liver and kidney)

1012990

Others (2)

1013000

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

(c)

sheep

1013010

Muscle

1013020

Fat

1013030

Liver

1013040

Kidney

1013050

Edible offals (other than liver and kidney)

1013990

Others (2)

1014000

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

d)

goat

1014010

Muscle

1014020

Fat

1014030

Liver

1014040

Kidney

1014050

Edible offals (other than liver and kidney)

1014990

Others (2)

1015000

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

(e)

equine

1015010

Muscle

1015020

Fat

1015030

Liver

1015040

Kidney

1015050

Edible offals (other than liver and kidney)

1015990

Others (2)

1016000

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

(f)

poultry

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

1017020

Fat

1017030

Liver

1017040

Kidney

1017050

Edible offals (other than liver and kidney)

1017990

Others (2)

1020000

Milk

0,01
   (*)

0,01
   (*)

1020010

Cattle

1020020

Sheep

1020030

Goat

1020040

Horse

1020990

Others (2)

1030000

Birds eggs

0,01  (*)

0,01  (*)

1030010

Chicken

1030020

Duck

1030030

Geese

1030040

Quail

1030990

Others (2)

1040000

Honey and other apiculture products (7)

0,05  (*)

0,05  (*)

1050000

Amphibians and Reptiles

0,01  (*)

0,01  (*)

1060000

Terrestrial invertebrate animals

0,01  (*)

0,01  (*)

1070000

Wild terrestrial vertebrate animals

0,01  (*)

0,01  (*)

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)

---

(*)  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.’

---

| 15.2.2023 | EN | Official Journal of the European Union | L 47/46 |
| --- | --- | --- | --- |

15.2.2023

EN

Official Journal of the European Union

L 47/46

---

COMMISSION IMPLEMENTING REGULATION (EU) 2023/335

of 1 February 2023

approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Robiola di Roccaverano’ (PDO))

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

| (1) | Pursuant to Article 50(1) of Regulation (EU) No 1151/2012 in conjunction with the first subparagraph of Article 53(1) thereof, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Robiola di Roccaverano’ registered under Commission Regulation (EC) No 1263/96 (2) as amended by Regulation (EU) No 217/2011 (3) and Commission Implementing Regulation (EU) No 855/2014 (4). These amendments include changing the name ‘Robiola di Roccaverano’ to ‘Robiola di Roccaverano/Roccaverano’. |
| --- | --- |

(1)

Pursuant to Article 50(1) of Regulation (EU) No 1151/2012 in conjunction with the first subparagraph of Article 53(1) thereof, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Robiola di Roccaverano’ registered under Commission Regulation (EC) No 1263/96 (2) as amended by Regulation (EU) No 217/2011 (3) and Commission Implementing Regulation (EU) No 855/2014 (4). These amendments include changing the name ‘Robiola di Roccaverano’ to ‘Robiola di Roccaverano/Roccaverano’.

| (2) | Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union as required by Article 50(2)(a) of that Regulation (5). |
| --- | --- |

(2)

Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union as required by Article 50(2)(a) of that Regulation (5).

| (3) | As no reasoned statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved, |
| --- | --- |

(3)

As no reasoned statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,

HAS ADOPTED THIS REGULATION:

Article 1

The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Robiola di Roccaverano’ (PDO) are hereby approved.

Article 2

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

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

Done at Brussels, 1 February 2023.

For the Commission,

On behalf of the President,

Janusz WOJCIECHOWSKI

Member of the Commission

---

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

1

(2)  Commission Regulation (EC) No 1263/96 of 1 July 1996 supplementing the Annex to Regulation (EC) No 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Regulation (EEC) No 2081/92 (OJ L 163, 2.7.1996, p. 19).

2

(3)  Commission Regulation (EU) No 217/2011 of 1 March 2011 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Robiola di Roccaverano (PDO)] (OJ L 59, 4.3.2011, p. 19).

3

(4)  Commission Implementing Regulation (EU) No 855/2014 of 4 August 2014 approving minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Robiola di Roccaverano (PDO)) (OJ L 234, 7.8.2014, p. 1).

4

(5)  
  OJ C 397, 17.10.2022, p. 26.

5

---

| 15.2.2023 | EN | Official Journal of the European Union | L 47/48 |
| --- | --- | --- | --- |

15.2.2023

EN

Official Journal of the European Union

L 47/48

---

COMMISSION IMPLEMENTING REGULATION (EU) 2023/336

of 8 February 2023

approving amendments to the specification for a Protected Designation of Origin or a Protected Geographical Indication (‘Montefalco’ (PDO))

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,

Whereas:

| (1) | The Commission has examined the application for the approval of amendments to the specification for the Protected Designation of Origin ‘Montefalco’, forwarded by Italy in accordance with Article 105 of Regulation (EU) No 1308/2013. |
| --- | --- |

(1)

The Commission has examined the application for the approval of amendments to the specification for the Protected Designation of Origin ‘Montefalco’, forwarded by Italy in accordance with Article 105 of Regulation (EU) No 1308/2013.

| (2) | The Commission has published the application for the approval of the amendments to the specification in the Official Journal of the European Union (2), as required by Article 97(3) of Regulation (EU) No 1308/2013. |
| --- | --- |

(2)

The Commission has published the application for the approval of the amendments to the specification in the Official Journal of the European Union (2), as required by Article 97(3) of Regulation (EU) No 1308/2013.

| (3) | No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013. |
| --- | --- |

(3)

No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

| (4) | The amendments to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013. |
| --- | --- |

(4)

The amendments to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets, |
| --- | --- |

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Montefalco’ (PDO) are hereby approved.

Article 2

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

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

Done at Brussels, 8 February 2023.

For the Commission,

On behalf of the President,

Janusz WOJCIECHOWSKI

Member of the Commission

---

(1)  
  OJ L 347, 20.12.2013, p. 671.

1

(2)  
  OJ C 369, 27.9.2022, p. 13.

2

---

| 15.2.2023 | EN | Official Journal of the European Union | L 47/49 |
| --- | --- | --- | --- |

15.2.2023

EN

Official Journal of the European Union

L 47/49

---

COMMISSION IMPLEMENTING REGULATION (EU) 2023/337

of 8 February 2023

conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Terras do Navia’ (PGI)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,

Whereas:

| (1) | In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Terras do Navia’ forwarded by Spain and has published it in the Official Journal of the European Union (2). |
| --- | --- |

(1)

In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Terras do Navia’ forwarded by Spain and has published it in the Official Journal of the European Union (2).

| (2) | No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013. |
| --- | --- |

(2)

No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

| (3) | In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Terras do Navia’ should be protected and entered in the register referred to in Article 104 of that Regulation. |
| --- | --- |

(3)

In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Terras do Navia’ should be protected and entered in the register referred to in Article 104 of that Regulation.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Terras do Navia’ (PGI) is hereby protected.

Article 2

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

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

Done at Brussels, 8 February 2023.

For the Commission,

On behalf of the President,

Janusz WOJCIECHOWSKI

Member of the Commission

---

(1)  
  OJ L 347, 20.12.2013, p. 671.

1

(2)  
  OJ C 397, 17.10.2022, p. 34.

2

---

DECISIONS

| 15.2.2023 | EN | Official Journal of the European Union | L 47/50 |
| --- | --- | --- | --- |

15.2.2023

EN

Official Journal of the European Union

L 47/50

---

COUNCIL DECISION (CFSP) 2023/338

of 14 February 2023

amending certain Council decisions and common positions concerning restrictive measures in order to insert provisions on a humanitarian exemption

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

| (1) | On 9 December 2022, the United Nations Security Council (the ‘UNSC’) adopted Resolution 2664 (2022), recalling its previous resolutions imposing sanctions measures in response to threats to international peace and security, and emphasising that measures taken by UN Member States to implement sanctions comply with their obligations under international law and are not intended to have adverse humanitarian consequences for civilian populations or adverse consequences for humanitarian activities or those carrying them out. |
| --- | --- |

(1)

On 9 December 2022, the United Nations Security Council (the ‘UNSC’) adopted Resolution 2664 (2022), recalling its previous resolutions imposing sanctions measures in response to threats to international peace and security, and emphasising that measures taken by UN Member States to implement sanctions comply with their obligations under international law and are not intended to have adverse humanitarian consequences for civilian populations or adverse consequences for humanitarian activities or those carrying them out.

| (2) | Expressing its readiness to review, adjust and terminate, when appropriate, its sanctions regimes, taking into account the evolution of situations on the ground and the need to minimize unintended adverse humanitarian effects, the UNSC decides in paragraph 1 of Resolution 2664 (2022) that the provision, processing or payment of funds, other financial assets or economic resources or the provision of goods and services necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs are permitted and are not a violation of the asset freezes imposed by the UNSC or its sanctions committees. For the purposes of this Decision, paragraph 1 of Resolution 2664 (2022) is termed the ‘humanitarian exemption’. The humanitarian exemption is applicable to certain actors as set out in that Resolution. |
| --- | --- |

(2)

Expressing its readiness to review, adjust and terminate, when appropriate, its sanctions regimes, taking into account the evolution of situations on the ground and the need to minimize unintended adverse humanitarian effects, the UNSC decides in paragraph 1 of Resolution 2664 (2022) that the provision, processing or payment of funds, other financial assets or economic resources or the provision of goods and services necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs are permitted and are not a violation of the asset freezes imposed by the UNSC or its sanctions committees. For the purposes of this Decision, paragraph 1 of Resolution 2664 (2022) is termed the ‘humanitarian exemption’. The humanitarian exemption is applicable to certain actors as set out in that Resolution.

| (3) | Resolution 2664 (2022) emphasises that where the humanitarian exemption conflicts with previous resolutions, it is to supersede such previous resolutions to the extent of such conflict. However, Resolution 2664 (2022) clarifies that paragraph 1 of UNSC Resolution 2615 (2021) remains in effect. |
| --- | --- |

(3)

Resolution 2664 (2022) emphasises that where the humanitarian exemption conflicts with previous resolutions, it is to supersede such previous resolutions to the extent of such conflict. However, Resolution 2664 (2022) clarifies that paragraph 1 of UNSC Resolution 2615 (2021) remains in effect.

| (4) | Resolution 2664 (2022) requests that providers relying on the humanitarian exemption make reasonable efforts to minimise the accrual of any benefits prohibited by sanctions, whether as a result of direct or indirect provision or diversion to designated individuals or entities, including by strengthening risk management and due diligence strategies and processes. |
| --- | --- |

(4)

Resolution 2664 (2022) requests that providers relying on the humanitarian exemption make reasonable efforts to minimise the accrual of any benefits prohibited by sanctions, whether as a result of direct or indirect provision or diversion to designated individuals or entities, including by strengthening risk management and due diligence strategies and processes.

| (5) | It is necessary to amend accordingly Council Decisions 2010/231/CFSP (1), 2013/798/CFSP (2), 2014/932/CFSP (3), (CFSP) 2022/2319 (4), and Council Common Positions 2003/495/CFSP (5) and 2005/888/CFSP (6). |
| --- | --- |

(5)

It is necessary to amend accordingly Council Decisions 2010/231/CFSP (1), 2013/798/CFSP (2), 2014/932/CFSP (3), (CFSP) 2022/2319 (4), and Council Common Positions 2003/495/CFSP (5) and 2005/888/CFSP (6).

| (6) | Further action by the Union is necessary to implement certain measures in this Decision, |
| --- | --- |

(6)

Further action by the Union is necessary to implement certain measures in this Decision,

HAS ADOPTED THIS DECISION:

Article 1

In Article 6 of Decision 2010/231/CFSP, paragraph 6 is replaced by the following:

‘6.   Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

| (a) | the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations; |
| --- | --- |

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

| (b) | international organisations; |
| --- | --- |

(b)

international organisations;

| (c) | Humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations; |
| --- | --- |

(c)

Humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

| (d) | bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA); |
| --- | --- |

(d)

bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

| (e) | the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or |
| --- | --- |

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

| (f) | appropriate other actors as determined by the Sanctions Committee.’. |
| --- | --- |

(f)

appropriate other actors as determined by the Sanctions Committee.’.

Article 2

In Article 2b of Decision 2013/798/CFSP, the following paragraph is added:

‘7.   Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

| (a) | the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations; |
| --- | --- |

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

| (b) | international organisations; |
| --- | --- |

(b)

international organisations;

| (c) | humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations; |
| --- | --- |

(c)

humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

| (d) | bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA); |
| --- | --- |

(d)

bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

| (e) | the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or |
| --- | --- |

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

| (f) | appropriate other actors as determined by the Committee.’. |
| --- | --- |

(f)

appropriate other actors as determined by the Committee.’.

Article 3

Decision 2014/932/CFSP is amended as follows:

| (1) | in Article 2b, the following paragraph is added:

  ‘7.   Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:






  (a) | the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations; |
| --- | --- | --- |

(1)

in Article 2b, the following paragraph is added:

‘7.   Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

| (b) | international organisations; |
| --- | --- |

(b)

international organisations;

| (c) | humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations; |
| --- | --- |

(c)

humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

| (d) | bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA); |
| --- | --- |

(d)

bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

| (e) | the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or |
| --- | --- |

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

| (f) | appropriate other actors as determined by the Sanctions Committee.’ |
| --- | --- |

(f)

appropriate other actors as determined by the Sanctions Committee.’

| (2) | Article 6a is replaced by the following:

  ‘Article 6a
  Without prejudice to Article 2b(7), by way of derogation from the measures imposed by UNSCR 2140 (2014) and UNSCR 2216 (2015), provided that the Sanctions Committee has determined on a case-by-case basis that an exemption is necessary to facilitate the work of the United Nations and other humanitarian organisations in Yemen or for any other purpose consistent with the objectives of those Resolutions, the competent authority of a Member State shall grant the necessary authorisation.’. |
| --- | --- |

(2)

Article 6a is replaced by the following:

‘Article 6a

Without prejudice to Article 2b(7), by way of derogation from the measures imposed by UNSCR 2140 (2014) and UNSCR 2216 (2015), provided that the Sanctions Committee has determined on a case-by-case basis that an exemption is necessary to facilitate the work of the United Nations and other humanitarian organisations in Yemen or for any other purpose consistent with the objectives of those Resolutions, the competent authority of a Member State shall grant the necessary authorisation.’.

Article 4

In Article 3 of Decision (CFSP) 2022/2319, paragraph 7 is replaced by the following:

‘7.   Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

| (a) | the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations; |
| --- | --- |

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

| (b) | international organisations; |
| --- | --- |

(b)

international organisations;

| (c) | humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations; |
| --- | --- |

(c)

humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

| (d) | bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA); |
| --- | --- |

(d)

bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

| (e) | the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or |
| --- | --- |

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

| (f) | appropriate other actors as determined by the Sanctions Committee.’ |
| --- | --- |

(f)

appropriate other actors as determined by the Sanctions Committee.’

Article 5

Common Position 2003/495/CFSP is amended as follows:

| (1) | Article 2 is replaced by the following:

  ‘Article 2
  All funds or other financial assets or economic resources:






  (a) | of the previous Government of Iraq or its State bodies, corporations or agencies located outside Iraq on the date of 22 May 2003, as designated by the Security Council Committee established pursuant to UNSCR 1518 (2003) (the ‘Sanctions Committee’); or |
| --- | --- | --- |

(1)

Article 2 is replaced by the following:

‘Article 2

All funds or other financial assets or economic resources:

(a)

of the previous Government of Iraq or its State bodies, corporations or agencies located outside Iraq on the date of 22 May 2003, as designated by the Security Council Committee established pursuant to UNSCR 1518 (2003) (the ‘Sanctions Committee’); or

| (b) | that have been removed from Iraq, or acquired by Saddam Hussein or other senior officials of the former Iraqi regime and their immediate family members, including entities owned or controlled directly or indirectly by them or by persons acting on their behalf or at their direction, as designated by the Sanctions Committee;
  shall be frozen without delay and, unless those funds or other financial assets or economic resources are themselves the subject of a prior judicial, administrative or arbitral lien or judgement, in which case they may be used to satisfy such lien or judgement, Member States shall immediately cause their transfer to the successor arrangements to the Development Fund for Iraq put in place by the Government of Iraq under the conditions set out in Security Council Resolutions 1483 (2003) and 1956 (2010).’ |
| --- | --- |

(b)

that have been removed from Iraq, or acquired by Saddam Hussein or other senior officials of the former Iraqi regime and their immediate family members, including entities owned or controlled directly or indirectly by them or by persons acting on their behalf or at their direction, as designated by the Sanctions Committee;

shall be frozen without delay and, unless those funds or other financial assets or economic resources are themselves the subject of a prior judicial, administrative or arbitral lien or judgement, in which case they may be used to satisfy such lien or judgement, Member States shall immediately cause their transfer to the successor arrangements to the Development Fund for Iraq put in place by the Government of Iraq under the conditions set out in Security Council Resolutions 1483 (2003) and 1956 (2010).’

| (2) | the following Article is inserted:

  ‘Article 2b
  Articles 2 and 2a shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:






  (a) | the United Nations, including its programmes, funds and other entities and bodies, as well as its specialized agencies and related organisations; |
| --- | --- | --- |

(2)

the following Article is inserted:

‘Article 2b

Articles 2 and 2a shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialized agencies and related organisations;

| (b) | international organisations; |
| --- | --- |

(b)

international organisations;

| (c) | Humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations; |
| --- | --- |

(c)

Humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

| (d) | bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA); |
| --- | --- |

(d)

bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

| (e) | the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or |
| --- | --- |

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

| (f) | appropriate other actors as determined by the Sanctions Committee.’. |
| --- | --- |

(f)

appropriate other actors as determined by the Sanctions Committee.’.

Article 6

In Article 2 of Common Position 2005/888/CFSP, the following paragraph is added:

‘5.   Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

| (a) | the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations; |
| --- | --- |

(a)

the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

| (b) | international organisations; |
| --- | --- |

(b)

international organisations;

| (c) | humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations; |
| --- | --- |

(c)

humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

| (d) | bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA); |
| --- | --- |

(d)

bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

| (e) | the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or |
| --- | --- |

(e)

the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

| (f) | appropriate other actors as determined by the Committee.’. |
| --- | --- |

(f)

appropriate other actors as determined by the Committee.’.

Article 7

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, 14 February 2023.

For the Council

The President

E. SVANTESSON

---

(1)  Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP (OJ L 105, 27.4.2010, p. 17).

1

(2)  Council Decision 2013/798/CFSP of 23 December 2013 concerning restrictive measures in view of the situation in the Central African Republic (OJ L 352, 24.12.2013, p. 51).

2

(3)  Council Decision 2014/932/CFSP of 18 December 2014 concerning restrictive measures in view of the situation in Yemen (OJ L 365, 19.12.2014, p. 147).

3

(4)  Council Decision (CFSP) 2022/2319 of 25 November 2022 concerning restrictive measures in view of the situation in Haiti (OJ L 307, 28.11.2022, p. 135).

4

(5)  Council Common Position 2003/495/CFSP of 7 July 2003 on Iraq and repealing Common Positions 96/741/CFSP and 2002/599/CFSP (OJ L 169, 8.7.2003, p. 72).

5

(6)  Council Common Position 2005/888/CFSP of 12 December 2005 concerning specific restrictive measures against certain persons suspected of involvement in the assassination of former Lebanese Prime Minister Rafiq Hariri (OJ L 327, 14.12.2005, p. 26).

6

---

| 15.2.2023 | EN | Official Journal of the European Union | L 47/55 |
| --- | --- | --- | --- |

15.2.2023

EN

Official Journal of the European Union

L 47/55

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COUNCIL DECISION (CFSP) 2023/339

of 14 February 2023

amending Decision 2011/101/CFSP concerning restrictive measures in view of the situation in Zimbabwe

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

| (1) | On 15 February 2011, the Council adopted Decision 2011/101/CFSP (1) which concerns restrictive measures in view of the situation in Zimbabwe. |
| --- | --- |

(1)

On 15 February 2011, the Council adopted Decision 2011/101/CFSP (1) which concerns restrictive measures in view of the situation in Zimbabwe.

| (2) | On the basis of a review of Decision 2011/101/CFSP, those restrictive measures should be renewed until 20 February 2024. The Council should continue to keep the measures under constant review in the light of political and security developments in Zimbabwe. |
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(2)

On the basis of a review of Decision 2011/101/CFSP, those restrictive measures should be renewed until 20 February 2024. The Council should continue to keep the measures under constant review in the light of political and security developments in Zimbabwe.

| (3) | Decision 2011/101/CFSP should be amended accordingly, |
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(3)

Decision 2011/101/CFSP should be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

In Article 10 of Decision 2011/101/CFSP, paragraph 2 is replaced by the following:

‘2.   This Decision shall apply until 20 February 2024.’.

Article 2

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, 14 February 2023.

For the Council

The President

E. SVANTESSON

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(1)  Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures in view of the situation in Zimbabwe (OJ L 42, 16.2.2011, p. 6).

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