# Official Journal L 209/2020

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 209 |
| | |
| English edition | Legislation | Volume 632 July 2020 |

ISSN 1977-0677

Official Journal

of the European Union

L 209

English edition

Legislation

Volume 632 July 2020

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | * | Information relating to the entry into force of the Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro | 1 |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2020/913 of 25 June 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Mojama de Barbate (PGI)] | 2 |
| | * | Commission Implementing Regulation (EU) 2020/914 of 25 June 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Brie de Meaux (PDO)) | 4 |
| | * | Commission Implementing Regulation (EU) 2020/915 of 25 June 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Riso Nano Vialone Veronese (PGI)) | 5 |
| | * | Commission Implementing Regulation (EU) 2020/916 of 1 July 2020 authorising the extension of use of xylo-oligosaccharides as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (
  1
  ) | 6 |
| | * | Commission Implementing Regulation (EU) 2020/917 of 1 July 2020 authorising the placing on the market of infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner as a traditional food from a third country under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Implementing Regulation (EU) 2017/2470 (
  1
  ) | 10 |
| | * | Commission Implementing Regulation (EU) 2020/918 of 1 July 2020 establishing a derogation from Implementing Regulation (EU) 2019/2072 as regards the requirements for the introduction into the Union of ash wood originating or processed in Canada | 14 |
| | | DECISIONS |
| | * | Commission Implementing Decision (EU) 2020/919 of 30 June 2020 amending the Annex to Decision 2007/453/EC as regards the BSE status of Serbia
  (notified under document C(2020) 4236)

   (
  1
  ) | 19 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

*

Information relating to the entry into force of the Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro

1

REGULATIONS

*

Commission Implementing Regulation (EU) 2020/913 of 25 June 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Mojama de Barbate (PGI)]

2

*

Commission Implementing Regulation (EU) 2020/914 of 25 June 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Brie de Meaux (PDO))

4

*

Commission Implementing Regulation (EU) 2020/915 of 25 June 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Riso Nano Vialone Veronese (PGI))

5

*

Commission Implementing Regulation (EU) 2020/916 of 1 July 2020 authorising the extension of use of xylo-oligosaccharides as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (
  1
  )

1

6

*

Commission Implementing Regulation (EU) 2020/917 of 1 July 2020 authorising the placing on the market of infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner as a traditional food from a third country under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Implementing Regulation (EU) 2017/2470 (
  1
  )

Coffea arabica

Coffea canephora

1

10

*

Commission Implementing Regulation (EU) 2020/918 of 1 July 2020 establishing a derogation from Implementing Regulation (EU) 2019/2072 as regards the requirements for the introduction into the Union of ash wood originating or processed in Canada

14

DECISIONS

*

Commission Implementing Decision (EU) 2020/919 of 30 June 2020 amending the Annex to Decision 2007/453/EC as regards the BSE status of Serbia
  (notified under document C(2020) 4236)

   (
  1
  )

(notified under document C(2020) 4236)

1

19

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

---

(1)   Text with EEA relevance.

1

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

EN

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

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

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II Non-legislative acts

INTERNATIONAL AGREEMENTS

| 2.7.2020 | EN | Official Journal of the European Union | L 209/1 |
| --- | --- | --- | --- |

2.7.2020

EN

Official Journal of the European Union

L 209/1

---

Information relating to the entry into force of the Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro

The Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro will enter into force on 1 July 2020, the procedure provided for in Article 12(2) of the Agreement having been completed on 26 May 2020.

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REGULATIONS

| 2.7.2020 | EN | Official Journal of the European Union | L 209/2 |
| --- | --- | --- | --- |

2.7.2020

EN

Official Journal of the European Union

L 209/2

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COMMISSION IMPLEMENTING REGULATION (EU) 2020/913

of 25 June 2020

approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [‘Mojama de Barbate’ (PGI)]

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 the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Spain’s application for the approval of amendments to the specification for the protected geographical indication ‘Mojama de Barbate’, registered under Commission Implementing Regulation (EU) 2015/2110 (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Spain’s application for the approval of amendments to the specification for the protected geographical indication ‘Mojama de Barbate’, registered under Commission Implementing Regulation (EU) 2015/2110 (2).

| (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 (3) as required by Article 50(2)(a) of that Regulation. |
| --- | --- |

(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 (3) as required by Article 50(2)(a) of that Regulation.

| (3) | As no 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 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 ‘Mojama de Barbate’ (PGI) 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, 25 June 2020.

On behalf of the President,

For the Commission,

Janusz WOJCIECHOWSKI

Member of the Commission

---

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

1

(2)  Commission Implementing Regulation (EU) 2015/2110 of 12 November 2015 entering a name in the register of protected designations of origin and protected geographical indications [Mojama de Barbate (PGI)] (OJ L 306, 24.11.2015, p. 1).

2

(3)  
  OJ C 57, 20.2.2020, p. 25.

3

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| 2.7.2020 | EN | Official Journal of the European Union | L 209/4 |
| --- | --- | --- | --- |

2.7.2020

EN

Official Journal of the European Union

L 209/4

---

COMMISSION IMPLEMENTING REGULATION (EU) 2020/914

of 25 June 2020

approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Brie de Meaux’ (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 the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France’s application for the approval of amendments to the specification for the protected designation of origin ‘Brie de Meaux’, registered under Commission Regulation (EC) No 1107/96 (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France’s application for the approval of amendments to the specification for the protected designation of origin ‘Brie de Meaux’, registered under Commission Regulation (EC) No 1107/96 (2).

| (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 (3), as required by Article 50(2)(a) of that Regulation. |
| --- | --- |

(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 (3), as required by Article 50(2)(a) of that Regulation.

| (3) | As no 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 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 ‘Brie de Meaux’ (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, 25 June 2020.

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 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 148, 21.6.1996, p. 1).

2

(3)  
  OJ C 64, 27.2.2020, p. 41.

3

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| 2.7.2020 | EN | Official Journal of the European Union | L 209/5 |
| --- | --- | --- | --- |

2.7.2020

EN

Official Journal of the European Union

L 209/5

---

COMMISSION IMPLEMENTING REGULATION (EU) 2020/915

of 25 June 2020

approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Riso Nano Vialone Veronese’ (PGI))

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 the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected geographical indication ‘Riso Nano Vialone Veronese’, registered under Commission Regulation (EC) No 205/2009 (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected geographical indication ‘Riso Nano Vialone Veronese’, registered under Commission Regulation (EC) No 205/2009 (2).

| (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 (3) as required by Article 50(2)(a) of that Regulation. |
| --- | --- |

(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 (3) as required by Article 50(2)(a) of that Regulation.

| (3) | As no 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 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 ‘Riso Nano Vialone Veronese’ (PGI) 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, 25 June 2020.

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 205/2009 of 16 March 2009 approving minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Riso Nano Vialone Veronese (PGI)) (OJ L 71, 17.3.2009, p. 15).

2

(3)  
  OJ C 70, 4.3.2020, p. 33.

3

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| 2.7.2020 | EN | Official Journal of the European Union | L 209/6 |
| --- | --- | --- | --- |

2.7.2020

EN

Official Journal of the European Union

L 209/6

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COMMISSION IMPLEMENTING REGULATION (EU) 2020/916

of 1 July 2020

authorising the extension of use of xylo-oligosaccharides as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 and Commission Regulation (EC) No 1852/2001 (1), and in particular Article 12 thereof,

Whereas:

| (1) | Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list may be placed on the market within the Union. |
| --- | --- |

(1)

Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list may be placed on the market within the Union.

| (2) | Pursuant to Article 8 of Regulation (EU) 2015/2283, Commission Implementing Regulation (EU) 2017/2470 (2) establishing a Union list of authorised novel foods was adopted. |
| --- | --- |

(2)

Pursuant to Article 8 of Regulation (EU) 2015/2283, Commission Implementing Regulation (EU) 2017/2470 (2) establishing a Union list of authorised novel foods was adopted.

| (3) | Pursuant to Article 12 of Regulation (EU) 2015/2283, the Commission is to submit a draft implementing act authorising placing on the Union market of a novel food and on the updating of the Union list. |
| --- | --- |

(3)

Pursuant to Article 12 of Regulation (EU) 2015/2283, the Commission is to submit a draft implementing act authorising placing on the Union market of a novel food and on the updating of the Union list.

| (4) | Commission Implementing Regulation (EU) 2018/1648 (3) authorised the placing on the Union market of xylo-oligosaccharides as a novel food under Regulation (EU) 2015/2283, to be used in a number of food categories, namely, bread, breakfast cereals, biscuits, soy-drinks, yoghurt, fruit spreads and chocolate confectionery for the general population. |
| --- | --- |

(4)

Commission Implementing Regulation (EU) 2018/1648 (3) authorised the placing on the Union market of xylo-oligosaccharides as a novel food under Regulation (EU) 2015/2283, to be used in a number of food categories, namely, bread, breakfast cereals, biscuits, soy-drinks, yoghurt, fruit spreads and chocolate confectionery for the general population.

| (5) | On 25 November 2019, the company Shandong Longlive Biotechnology Co. Ltd submitted an application to the Commission to change the conditions of use of the novel xylo-oligosaccharides pursuant to Article 10(1) of Regulation (EU) 2015/2283. The application requested to extend the use of xylo-oligosaccharides in food supplements as defined in Directive 2002/46/EC of the European Parliament and of the Council (4) intended for the general adult population at the maximum use levels of 2 g per day. |
| --- | --- |

(5)

On 25 November 2019, the company Shandong Longlive Biotechnology Co. Ltd submitted an application to the Commission to change the conditions of use of the novel xylo-oligosaccharides pursuant to Article 10(1) of Regulation (EU) 2015/2283. The application requested to extend the use of xylo-oligosaccharides in food supplements as defined in Directive 2002/46/EC of the European Parliament and of the Council (4) intended for the general adult population at the maximum use levels of 2 g per day.

| (6) | The Commission considers that a safety evaluation of the current application by the European Food Safety Authority (‘the Authority’) in accordance with Article 10(3) of Regulation (EU) 2015/2283 is not necessary, as the proposed extension of use of xylo-oligosaccharides is covered by the safety assessment conducted by the Authority (5) underlying the authorisation of xylo-oligosaccharides by Implementing Regulation (EU) 2018/1648. |
| --- | --- |

(6)

The Commission considers that a safety evaluation of the current application by the European Food Safety Authority (‘the Authority’) in accordance with Article 10(3) of Regulation (EU) 2015/2283 is not necessary, as the proposed extension of use of xylo-oligosaccharides is covered by the safety assessment conducted by the Authority (5) underlying the authorisation of xylo-oligosaccharides by Implementing Regulation (EU) 2018/1648.

| (7) | In that opinion, the Authority conducted a conservative exposure assessment, using the highest anticipated daily intake based on the assumption that a person would consume all proposed food products containing the maximum added amount of the xylo-oligosaccharides. On the basis of this exposure assessment, the Authority concluded that the resulting highest anticipated daily intake of 7,7 g of xylo-oligosaccharides per day still remains way below both, the daily intake levels of 10–12 g of xylo-oligosaccharides that were associated with acute and transient gastro-intestinal effects in human clinical intervention studies, and below the Dietary Reference Value (‘DRV’) of 25 g of dietary fibre per day for the general adult population previously established by the Authority (6). |
| --- | --- |

(7)

In that opinion, the Authority conducted a conservative exposure assessment, using the highest anticipated daily intake based on the assumption that a person would consume all proposed food products containing the maximum added amount of the xylo-oligosaccharides. On the basis of this exposure assessment, the Authority concluded that the resulting highest anticipated daily intake of 7,7 g of xylo-oligosaccharides per day still remains way below both, the daily intake levels of 10–12 g of xylo-oligosaccharides that were associated with acute and transient gastro-intestinal effects in human clinical intervention studies, and below the Dietary Reference Value (‘DRV’) of 25 g of dietary fibre per day for the general adult population previously established by the Authority (6).

| (8) | The intake from the proposed extension of use of xylo-oligosaccharides in food supplements at levels of 2 g per day, combined with the highest intake of 7,7 g xylo-oligosaccharides from its currently authorised uses as a novel food, could result in an overall maximum intake of 9,7 g xylo-oligosaccharides per day. This overall intake level will also be below both the intake levels of 10–12 g of xylo-oligosaccharides that were associated with acute and transient gastro-intestinal effects in human clinical intervention studies, and below the Dietary Reference Value (‘DRV’) of 25 g dietary fibre per day for the general adult population established by the Authority. |
| --- | --- |

(8)

The intake from the proposed extension of use of xylo-oligosaccharides in food supplements at levels of 2 g per day, combined with the highest intake of 7,7 g xylo-oligosaccharides from its currently authorised uses as a novel food, could result in an overall maximum intake of 9,7 g xylo-oligosaccharides per day. This overall intake level will also be below both the intake levels of 10–12 g of xylo-oligosaccharides that were associated with acute and transient gastro-intestinal effects in human clinical intervention studies, and below the Dietary Reference Value (‘DRV’) of 25 g dietary fibre per day for the general adult population established by the Authority.

| (9) | The information provided in the application and the scientific opinion of the Authority combined with the above considerations give sufficient grounds to establish that the proposed extension of use of the novel food ‘xylo-oligosaccharides’ complies with Article 12 of Regulation (EU) 2015/2283. |
| --- | --- |

(9)

The information provided in the application and the scientific opinion of the Authority combined with the above considerations give sufficient grounds to establish that the proposed extension of use of the novel food ‘xylo-oligosaccharides’ complies with Article 12 of Regulation (EU) 2015/2283.

| (10) | It is therefore appropriate to amend the conditions of use of xylo-oligosaccharides in the Union list of authorised novel foods by including the use of xylo-oligosaccharides in food supplements intended for the adult population. |
| --- | --- |

(10)

It is therefore appropriate to amend the conditions of use of xylo-oligosaccharides in the Union list of authorised novel foods by including the use of xylo-oligosaccharides in food supplements intended for the adult population.

| (11) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(11)

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

The Union list of authorised novel foods, established under Implementing Regulation (EU) 2017/2470, referring to the novel food xylo-oligosaccharides, is amended as specified in the Annex to this Regulation.

Article 2

The Annex to Implementing Regulation (EU) 2017/2470 is amended in accordance with the Annex to this Regulation.

Article 3

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

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

Done at Brussels, 1 July 2020.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 327, 11.12.2015, p. 1.

1

(2)  Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (OJ L 351, 30.12.2017, p. 72).

2

(3)  Commission Implementing Regulation (EU) 2018/1648 of 29 October 2018 authorising the placing on the market of xylo-oligosaccharides as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (OJ L 275, 6.11.2018, p. 1).

3

(4)  Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51).

4

(5)  Scientific Opinion on the safety of xylo-oligosaccharides as a novel food pursuant to Regulation (EU) 2015/2283 (EFSA Journal 2018;16(7): 5361).

5

EFSA Journal

(6)  Scientific Opinion on Dietary Reference Values for carbohydrates and dietary fibre (EFSA Journal 2010;8(3):1462).

6

EFSA Journal

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ANNEX

In the Annex to Implementing Regulation (EU) 2017/2470, the entry for ‘xylo-oligosaccharides’ in Table 1 (Authorised novel foods) is replaced by the following:

| Authorised novel food | Conditions under which the novel food may be used | Additional specific labelling requirements | Other requirements |
| --- | --- | --- | --- |
| ‘Xylo-oligosaccharides | Specified food category | Maximum levels
   (*2) | The designation of the novel food on the labelling of the foodstuffs containing it shall be “Xylo-oligosaccharides” | |
| White bread | 14 g/kg |
| Wholemeal bread | 14 g/kg |
| Breakfast cereals | 14 g/kg |
| Biscuits | 14 g/kg |
| Soy drink | 3,5 g/kg |
| Yoghurt (*1) | 3,5 g/kg |
| Fruit spreads | 30 g/kg |
| Chocolate confectionery | 30 g/kg |
| Food supplements as defined in Directive 2002/46/EC for the general adult population | 2 g/day |

Authorised novel food

Conditions under which the novel food may be used

Additional specific labelling requirements

Other requirements

‘Xylo-oligosaccharides

Specified food category

Maximum levels
   (*2)

The designation of the novel food on the labelling of the foodstuffs containing it shall be “Xylo-oligosaccharides”

White bread

14 g/kg

Wholemeal bread

14 g/kg

Breakfast cereals

14 g/kg

Biscuits

14 g/kg

Soy drink

3,5 g/kg

Yoghurt (*1)

3,5 g/kg

Fruit spreads

30 g/kg

Chocolate confectionery

30 g/kg

Food supplements as defined in Directive 2002/46/EC for the general adult population

2 g/day

---

(*1)  When used in milk products xylo-oligosaccharides shall not replace, in whole or in part, any milk constituent.

*1

(*2)  Maximum levels calculated on the basis of the specifications of Powder form 1.’

*2

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| 2.7.2020 | EN | Official Journal of the European Union | L 209/10 |
| --- | --- | --- | --- |

2.7.2020

EN

Official Journal of the European Union

L 209/10

---

COMMISSION IMPLEMENTING REGULATION (EU) 2020/917

of 1 July 2020

authorising the placing on the market of infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner as a traditional food from a third country under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Implementing Regulation (EU) 2017/2470

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 and Commission Regulation (EC) No 1852/2001 (1), and in particular Article 15(4) thereof,

Whereas:

| (1) | Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list may be placed on the market within the Union. Traditional food from a third country is a novel food defined in Article 3(2)(c) of Regulation (EU) 2015/2283. |
| --- | --- |

(1)

Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list may be placed on the market within the Union. Traditional food from a third country is a novel food defined in Article 3(2)(c) of Regulation (EU) 2015/2283.

| (2) | Commission Implementing Regulation (EU) 2017/2468 (2) lays down administrative and scientific requirements concerning traditional foods from third countries. |
| --- | --- |

(2)

Commission Implementing Regulation (EU) 2017/2468 (2) lays down administrative and scientific requirements concerning traditional foods from third countries.

| (3) | Pursuant to Article 8 of Regulation (EU) 2015/2283, Commission Implementing Regulation (EU) 2017/2470 (3) establishing a Union list of authorised novel foods was adopted. |
| --- | --- |

(3)

Pursuant to Article 8 of Regulation (EU) 2015/2283, Commission Implementing Regulation (EU) 2017/2470 (3) establishing a Union list of authorised novel foods was adopted.

| (4) | Pursuant to Article 15(4) of Regulation (EU) 2015/2283, the Commission is to decide on the authorisation and on the placing on the Union market of a traditional food from a third country. |
| --- | --- |

(4)

Pursuant to Article 15(4) of Regulation (EU) 2015/2283, the Commission is to decide on the authorisation and on the placing on the Union market of a traditional food from a third country.

| (5) | On 27 November 2018, the company AM Breweries (‘the applicant’) submitted a notification to the Commission of the intention to place infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner on the Union market as a traditional food from a third country in accordance with Article 14 of Regulation (EU) 2015/2283. The applicant requests for infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora to be used as such or as an ingredient in other beverages by the general population. |
| --- | --- |

(5)

On 27 November 2018, the company AM Breweries (‘the applicant’) submitted a notification to the Commission of the intention to place infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner on the Union market as a traditional food from a third country in accordance with Article 14 of Regulation (EU) 2015/2283. The applicant requests for infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora to be used as such or as an ingredient in other beverages by the general population.

| (6) | Pursuant to Article 7(2) of Implementing Regulation (EU) 2017/2468, the Commission requested additional information from the applicant as regards the validity of the notification. The requested information was submitted on 4 June 2019, 21 June 2019, 29 August 2019 and 30 August 2019. |
| --- | --- |

(6)

Pursuant to Article 7(2) of Implementing Regulation (EU) 2017/2468, the Commission requested additional information from the applicant as regards the validity of the notification. The requested information was submitted on 4 June 2019, 21 June 2019, 29 August 2019 and 30 August 2019.

| (7) | The data presented by the applicant demonstrate that infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora as such has a history of safe food use in Africa, Asia and North America. |
| --- | --- |

(7)

The data presented by the applicant demonstrate that infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora as such has a history of safe food use in Africa, Asia and North America.

| (8) | Pursuant to Article 15(1) of Regulation (EU) 2015/2283, on 11 September 2019, the Commission forwarded the valid notification to the Member States and to the European Food Safety Authority (‘the Authority’). |
| --- | --- |

(8)

Pursuant to Article 15(1) of Regulation (EU) 2015/2283, on 11 September 2019, the Commission forwarded the valid notification to the Member States and to the European Food Safety Authority (‘the Authority’).

| (9) | No duly reasoned safety objections to the placing on the market within the Union of infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora were submitted to the Commission by the Member States or the Authority within the four-months period laid down in Article 15(2) of Regulation (EU) 2015/2283. |
| --- | --- |

(9)

No duly reasoned safety objections to the placing on the market within the Union of infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora were submitted to the Commission by the Member States or the Authority within the four-months period laid down in Article 15(2) of Regulation (EU) 2015/2283.

| (10) | On 3 February 2020, the Authority published its ‘Technical Report on the notification of infusion from coffee leaves (Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner) as a traditional food from a third country pursuant to Article 14 of Regulation (EU) 2015/2283’ (4). |
| --- | --- |

(10)

On 3 February 2020, the Authority published its ‘Technical Report on the notification of infusion from coffee leaves (Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner) as a traditional food from a third country pursuant to Article 14 of Regulation (EU) 2015/2283’ (4).

| (11) | In that report, the Authority noted that the leaves of Coffea
  arabica contain Epigallocatechin gallate (EGCG) and therefore, the presence of EGCG in the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora cannot be excluded. On that basis, the Authority established a maximum level of 700 mg of EGCG per litre of the infusion. It is therefore appropriate to establish maximum levels of 700 mg/L of EGCG in the specifications of the traditional food in the Union list of authorised novel foods. |
| --- | --- |

(11)

In that report, the Authority noted that the leaves of Coffea
  arabica contain Epigallocatechin gallate (EGCG) and therefore, the presence of EGCG in the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora cannot be excluded. On that basis, the Authority established a maximum level of 700 mg of EGCG per litre of the infusion. It is therefore appropriate to establish maximum levels of 700 mg/L of EGCG in the specifications of the traditional food in the Union list of authorised novel foods.

| (12) | The Authority concluded that the available data on composition and history of use of the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora do not raise safety concerns. |
| --- | --- |

(12)

The Authority concluded that the available data on composition and history of use of the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora do not raise safety concerns.

| (13) | In addition to the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora to be used as such, the applicant requested the infusion to be used as an ingredient in other beverages for the general population. The applicant has submitted documented data demonstrating history of safe use in a third country in accordance with Article 14(1)(e) of Regulation (EU) 2015/2283 only for the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora as such, while no evidence on the use of the infusion as ingredient in other beverages was submitted. The applicant was invited to provide clarification, and possibly revision, of the proposed uses of the infusion, which correspond to the foods in which the infusion is traditionally consumed and for which a history of safe use should have been submitted. However, the applicant did not change the proposed uses and did not provide evidence demonstrating the history of safe food use in a third country of the infusion as ingredient in other beverages. Consequently, in the absence of the required documented data, the Commission is of view that the history of safe food use in a third country has been demonstrated by the applicant only for the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora as such. Therefore, the notification for the authorisation of the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora, as far as it concerns its use as an ingredient in other beverages, is considered not valid. |
| --- | --- |

(13)

In addition to the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora to be used as such, the applicant requested the infusion to be used as an ingredient in other beverages for the general population. The applicant has submitted documented data demonstrating history of safe use in a third country in accordance with Article 14(1)(e) of Regulation (EU) 2015/2283 only for the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora as such, while no evidence on the use of the infusion as ingredient in other beverages was submitted. The applicant was invited to provide clarification, and possibly revision, of the proposed uses of the infusion, which correspond to the foods in which the infusion is traditionally consumed and for which a history of safe use should have been submitted. However, the applicant did not change the proposed uses and did not provide evidence demonstrating the history of safe food use in a third country of the infusion as ingredient in other beverages. Consequently, in the absence of the required documented data, the Commission is of view that the history of safe food use in a third country has been demonstrated by the applicant only for the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora as such. Therefore, the notification for the authorisation of the infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora, as far as it concerns its use as an ingredient in other beverages, is considered not valid.

| (14) | The Commission should therefore authorise the placing on the market within the Union of infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora as such and update the Union list of novel foods accordingly. |
| --- | --- |

(14)

The Commission should therefore authorise the placing on the market within the Union of infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora as such and update the Union list of novel foods accordingly.

| (15) | Implementing Regulation (EU) 2017/2470 should therefore be amended accordingly, |
| --- | --- |

(15)

Implementing Regulation (EU) 2017/2470 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

1.   The infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner, as specified in the Annex to this Regulation, shall be included in the Union list of authorised novel foods established in Implementing Regulation (EU) 2017/2470.

2.   The entry in the Union list referred to in paragraph 1 shall include the conditions of use and labelling requirements laid down in the Annex to this Regulation.

Article 2

The Annex to Implementing Regulation (EU) 2017/2470 is amended in accordance with the Annex to this Regulation.

Article 3

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

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

Done at Brussels, 1 July 2020.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 327, 11.12.2015, p. 1.

1

(2)  Commission Implementing Regulation (EU) 2017/2468 of 20 December 2017 laying down administrative and scientific requirements concerning traditional foods from third countries in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (OJ L 351, 30.12.2017, p. 55).

2

(3)  Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods (OJ L 351, 30.12.2017, p. 72).

3

(4)  EFSA Supporting Publication, 2020:EN-1783.

4

---

ANNEX

The Annex to Implementing Regulation (EU) 2017/2470 is amended as follows:

| (1) | The following entry is inserted in Table 1 (Authorised novel foods) in alphabetical order:

  ‘










  Authorised novel food | Conditions under which the novel food may be used | Additional specific labelling requirements | Other requirements |
| --- | --- | --- | --- | --- |
| “Infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner
  (Traditional food from a third country) | Specified food category | Maximum levels | The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘Infusion from coffee leaves of Coffea arabica and/or Coffea canephora’.” | |
| Herbal infusions | |

(1)

The following entry is inserted in Table 1 (Authorised novel foods) in alphabetical order:

‘

Authorised novel food

Conditions under which the novel food may be used

Additional specific labelling requirements

Other requirements

“Infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner

(Traditional food from a third country)

Specified food category

Maximum levels

The designation of the novel food on the labelling of the foodstuffs containing it shall be ‘Infusion from coffee leaves of Coffea arabica and/or Coffea canephora’.”

Herbal infusions

’

| (2) | The following entry is inserted in Table 2 (Specifications) in alphabetical order:

  ‘







  Authorised Novel Food | Specifications |
| --- | --- | --- |
| “Infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner
  (Traditional food from a third country) | Description/Definition:

  The traditional food consists of an infusion of leaves from Coffea arabica L. and/or Coffea canephora Pierre ex A.Froehner (family: Rubiaceae).
  The traditional food is prepared by mixing a maximum of 20 g of dried leaves from Coffea arabica L. and/or Coffea canephora Pierre ex A.Froehner with 1 L of hot water. Leaves are removed and the infusion is then subjected to pasteurization (at least 71 °C for 15 seconds).

  Composition:

  Visual: Brown green liquid
  Odour and taste: Characteristic
  Chlorogenic acid (5-CQA): < 100 mg/L
  Caffeine: < 80 mg/L
  Epigallocatechin gallate (EGCG): < 700 mg/L

  Microbiological criteria:

  Total plate count: < 500 CFU/g
  Total yeast and mould count: < 100 CFU/g
  Total coliforms: < 100 CFU/g

  Escherichia coli: Absence in 1 g

  Salmonella: Absence in 25 g

  Heavy metals:

  Lead (Pb): < 3,0 mg/L
  Arsenic (As): < 2,0 mg/L
  Cadmium (Cd): < 1,0 mg/L
  CFU: Colony Forming Units” |

(2)

The following entry is inserted in Table 2 (Specifications) in alphabetical order:

‘

Authorised Novel Food

Specifications

“Infusion from coffee leaves of Coffea arabica L. and/or Coffea canephora Pierre ex A. Froehner

(Traditional food from a third country)

Description/Definition:

The traditional food consists of an infusion of leaves from Coffea arabica L. and/or Coffea canephora Pierre ex A.Froehner (family: Rubiaceae).

The traditional food is prepared by mixing a maximum of 20 g of dried leaves from Coffea arabica L. and/or Coffea canephora Pierre ex A.Froehner with 1 L of hot water. Leaves are removed and the infusion is then subjected to pasteurization (at least 71 °C for 15 seconds).

Composition:

Visual: Brown green liquid

Odour and taste: Characteristic

Chlorogenic acid (5-CQA): < 100 mg/L

Caffeine: < 80 mg/L

Epigallocatechin gallate (EGCG): < 700 mg/L

Microbiological criteria:

Total plate count: < 500 CFU/g

Total yeast and mould count: < 100 CFU/g

Total coliforms: < 100 CFU/g

Escherichia coli: Absence in 1 g

Salmonella: Absence in 25 g

Heavy metals:

Lead (Pb): < 3,0 mg/L

Arsenic (As): < 2,0 mg/L

Cadmium (Cd): < 1,0 mg/L

CFU: Colony Forming Units”

’

---

| 2.7.2020 | EN | Official Journal of the European Union | L 209/14 |
| --- | --- | --- | --- |

2.7.2020

EN

Official Journal of the European Union

L 209/14

---

COMMISSION IMPLEMENTING REGULATION (EU) 2020/918

of 1 July 2020

establishing a derogation from Implementing Regulation (EU) 2019/2072 as regards the requirements for the introduction into the Union of ash wood originating or processed in Canada

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/2031 of the European Parliament and the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (1), and in particular Article 41(2) thereof,

Whereas:

| (1) | Commission Implementing Decision (EU) 2016/412 (2) authorises Member States to provide for a temporary derogation from certain provisions of Council Directive 2000/29/EC (3) in respect of special conditions concerning the introduction into the Union of ash (Fraxinus L.) wood, originating or processed in Canada. |
| --- | --- |

(1)

Commission Implementing Decision (EU) 2016/412 (2) authorises Member States to provide for a temporary derogation from certain provisions of Council Directive 2000/29/EC (3) in respect of special conditions concerning the introduction into the Union of ash (Fraxinus L.) wood, originating or processed in Canada.

| (2) | Directive 2000/29/EC has been repealed and replaced by Regulation (EU) 2016/2031. Commission Implementing Regulation 2019/2072 (4) setting out rules and requirements concerning the introduction into the Union of certain plants, plant products or other objects has replaced Annexes I to V to that Directive. |
| --- | --- |

(2)

Directive 2000/29/EC has been repealed and replaced by Regulation (EU) 2016/2031. Commission Implementing Regulation 2019/2072 (4) setting out rules and requirements concerning the introduction into the Union of certain plants, plant products or other objects has replaced Annexes I to V to that Directive.

| (3) | Pursuant to Article 8(1) of Regulation (EU) 2019/2072, in conjunction with point 87 of Annex VII to that Regulation, the introduction into the Union of ash wood, originating or processed in Canada (‘the specified wood’), is subject to certain special requirements to avoid the risk of infestation into the Union by the pest Agrilus planipennis Fairmaire. Those requirements differ to a certain extent from the requirements set out in Implementing Decision (EU) 2016/412, as regards the introduction into the Union of the specified wood, its inspection and supervision. |
| --- | --- |

(3)

Pursuant to Article 8(1) of Regulation (EU) 2019/2072, in conjunction with point 87 of Annex VII to that Regulation, the introduction into the Union of ash wood, originating or processed in Canada (‘the specified wood’), is subject to certain special requirements to avoid the risk of infestation into the Union by the pest Agrilus planipennis Fairmaire. Those requirements differ to a certain extent from the requirements set out in Implementing Decision (EU) 2016/412, as regards the introduction into the Union of the specified wood, its inspection and supervision.

| (4) | On the basis of a Commission audit carried out in June 2018, it has been concluded that by applying under its official control the requirements laid down in Implementing Decision (EU) 2016/412, Canada ensures a level of phytosanitary protection which is equivalent to that provided by the requirements set out in point 87 of Annex VII to Implementing Regulation (EU) 2019/2072. |
| --- | --- |

(4)

On the basis of a Commission audit carried out in June 2018, it has been concluded that by applying under its official control the requirements laid down in Implementing Decision (EU) 2016/412, Canada ensures a level of phytosanitary protection which is equivalent to that provided by the requirements set out in point 87 of Annex VII to Implementing Regulation (EU) 2019/2072.

| (5) | Implementing Decision (EU) 2016/412 is to apply until 30 of June 2020. On 27 April 2020, Canada requested a prolongation of that derogation after 30 June 2020. |
| --- | --- |

(5)

Implementing Decision (EU) 2016/412 is to apply until 30 of June 2020. On 27 April 2020, Canada requested a prolongation of that derogation after 30 June 2020.

| (6) | In order to guarantee the continuing imports of ash wood, originating or processed in Canada, it is appropriate to provide for a derogation from Article 8(1) and points 87(a) and (b) of Annex VII to Implementing Regulation (EU) 2019/2072, so as to allow the introduction of the specified wood into the Union subject to compliance with special requirements reflecting, with a few adaptations, those set out in Implementing Decision (EU) 2016/412. |
| --- | --- |

(6)

In order to guarantee the continuing imports of ash wood, originating or processed in Canada, it is appropriate to provide for a derogation from Article 8(1) and points 87(a) and (b) of Annex VII to Implementing Regulation (EU) 2019/2072, so as to allow the introduction of the specified wood into the Union subject to compliance with special requirements reflecting, with a few adaptations, those set out in Implementing Decision (EU) 2016/412.

| (7) | This Regulation should apply from 1 July 2020, in order to ensure the continuation of imports of the specified wood. |
| --- | --- |

(7)

This Regulation should apply from 1 July 2020, in order to ensure the continuation of imports of the specified wood.

| (8) | This Regulation should apply until 30 June 2023, in order to allow for the review of its application by that date. |
| --- | --- |

(8)

This Regulation should apply until 30 June 2023, in order to allow for the review of its application by that date.

| (9) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(9)

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

Special requirements for a temporary derogation

By way of derogation from Article 8(1) and point 87(a) and (b) of Annex VII to Implementing Regulation (EU) 2019/2072, the introduction into the Union of ash (Fraxinus L.) wood originating or processed in Canada (‘the specified wood’), shall be subject to compliance with the special requirements set out in Article 2 and Part A of the Annex to this Regulation.

Fraxinus

‘Specified wood’ is referred to in Part B of the Annex.

Article 2

Phytosanitary certificate

1.   The specified wood shall be accompanied by a phytosanitary certificate issued in Canada, certifying freedom from Union quarantine pests and pests not listed as Union quarantine pests, subject to the measures adopted pursuant to Article 30 of Regulation (EU) 2016/2031 after inspection.

2.   The phytosanitary certificate shall include under the heading ‘Additional declaration’ the following elements:

| (a) | the statement ‘In accordance with European Union requirements laid down in Commission Implementing Regulation (EU) 2020/918’; |
| --- | --- |

(a)

the statement ‘In accordance with European Union requirements laid down in Commission Implementing Regulation (EU) 2020/918’;

| (b) | the bundle number(s) corresponding to each specific bundle being exported; |
| --- | --- |

(b)

the bundle number(s) corresponding to each specific bundle being exported;

| (c) | the name of the approved facility(ies) in Canada. |
| --- | --- |

(c)

the name of the approved facility(ies) in Canada.

Article 3

Date of expiry

This Regulation shall expire on 30 June 2023.

Article 4

Entry into force and date of application

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

It shall apply from 1 July 2020.

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

Done at Brussels, 1 July 2020.

For the Commission

The President

Ursula VON DER LEYEN

---

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

1

(2)  Commission Implementing Decision (EU) 2016/412 of 17 March 2016 authorising Member States to provide for a temporary derogation from certain provisions of Council Directive 2000/29/EC in respect of ash wood originating or processed in Canada (OJ L 74, 19.3.2016, p. 41).

2

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

3

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

4

---

ANNEX

PART A

1.   Processing requirements

The processing of the specified wood, as referred to in Article 1 must fulfil all the following requirements:

(a)   Debarking

The specified wood is debarked, with the exception of any number of visually separate and clearly distinct small pieces of bark which comply with one of the following requirements:

| (1) | they are less than 3 cm in width (regardless of length); or |
| --- | --- |

(1)

they are less than 3 cm in width (regardless of length); or

| (2) | if they are greater than 3 cm in width, the total surface area of each individual piece of bark is less than 50 cm2. |
| --- | --- |

(2)

if they are greater than 3 cm in width, the total surface area of each individual piece of bark is less than 50 cm2.

(b)   Sawing

The specified sawn wood is produced from debarked round wood.

(c)   Heat treatment

The specified wood is heated through its profile to at least 71 °C for 1 200 minutes in a heat chamber approved by the Canadian Food Inspection Agency (CFIA), or an agency approved by CFIA.

(d)   Drying

The specified wood is dried following industrial drying schedules of at least two-week duration, recognised by CFIA.

The final moisture content of the wood shall not exceed 10 % expressed as a percentage of dry matter.

2.   Requirements for facilities

The specified wood must be produced, handled or stored in a facility which fulfils all the following requirements:

| (a) | it is officially approved by CFIA pursuant to its certification programme concerning the pest Agrilus planipennis Fairmaire; |
| --- | --- |

(a)

it is officially approved by CFIA pursuant to its certification programme concerning the pest Agrilus planipennis Fairmaire;

| (b) | it is registered in a database published on the CFIA website; |
| --- | --- |

(b)

it is registered in a database published on the CFIA website;

| (c) | it is audited by CFIA, or an agency approved by CFIA, at least once per month and it has been concluded that it complies with the requirements of this Annex. In the case these audits are performed by an agency approved by CFIA, CFIA must carry out six-monthly audits of this work. The six-monthly audits shall include the verification of the procedures and documentation of the agency and audits at approved facilities; |
| --- | --- |

(c)

it is audited by CFIA, or an agency approved by CFIA, at least once per month and it has been concluded that it complies with the requirements of this Annex. In the case these audits are performed by an agency approved by CFIA, CFIA must carry out six-monthly audits of this work. The six-monthly audits shall include the verification of the procedures and documentation of the agency and audits at approved facilities;

| (d) | it uses equipment for the treatment of wood which has been calibrated consistently with the equipment’s manual of operation; |
| --- | --- |

(d)

it uses equipment for the treatment of wood which has been calibrated consistently with the equipment’s manual of operation;

| (e) | it keeps records of its procedures for verification by CFIA or an agency approved by CFIA, including the duration of treatment, temperatures during treatment and for each specific bundle to be exported, the compliance check and final moisture content. |
| --- | --- |

(e)

it keeps records of its procedures for verification by CFIA or an agency approved by CFIA, including the duration of treatment, temperatures during treatment and for each specific bundle to be exported, the compliance check and final moisture content.

3.   Labelling

Each bundle of the specified wood must visibly display both a bundle number and a label with the words ‘HT-KD’ or ‘Heat Treated-Kiln Dried’. That label must be issued by, or under the supervision of, a designated officer of the approved facility after verifying that the processing requirements set out in point 1 and the requirements for facilities set out in point 2 have been complied with.

4.   Pre-export inspections

The specified wood destined for the Union must be inspected by CFIA, or an agency officially approved by CFIA, to ensure that the requirements laid down in points 1 and 3 are met.

PART B

Specified wood with their respective CN codes

| 1. | Wood of Fraxinus L., other than in the form of






  — | chips, particles, sawdust, shavings, wood waste and scrap, obtained in whole or part from these trees, |
| --- | --- | --- |

1.

Wood of Fraxinus L., other than in the form of

—

chips, particles, sawdust, shavings, wood waste and scrap, obtained in whole or part from these trees,

| — | wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds, except dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment, |
| --- | --- |

—

wood packaging material, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, whether or not actually in use in the transport of objects of all kinds, except dunnage supporting consignments of wood, which is constructed from wood of the same type and quality as the wood in the consignment and which meets the same Union phytosanitary requirements as the wood in the consignment,

but including wood which has not kept its natural round surface, and furniture and other objects made of untreated wood

ex 4401 12 00

ex 4403 12 00

ex 4403 99 00

ex 4404 20 00

ex 4406 12 00

ex 4406 92 00

4407 95 10

4407 95 91

4407 95 99

ex 4407 99 27

ex 4407 99 40

ex 4407 99 90

ex 4408 90 15

ex 4408 90 35

ex 4408 90 85

ex 4408 90 95

ex 4416 00 00

ex 9406 10 00

---

DECISIONS

| 2.7.2020 | EN | Official Journal of the European Union | L 209/19 |
| --- | --- | --- | --- |

2.7.2020

EN

Official Journal of the European Union

L 209/19

---

COMMISSION IMPLEMENTING DECISION (EU) 2020/919

of 30 June 2020

amending the Annex to Decision 2007/453/EC as regards the BSE status of Serbia

(notified under document C(2020) 4236)

(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 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (1), and in particular the third subparagraph of Article 5(2) thereof,

Whereas:

| (1) | Regulation (EC) No 999/2001 provides that Member States or third countries or regions thereof (countries or regions) are to be classified according to their bovine spongiform encephalopathy (BSE) status into one of three categories: negligible BSE risk, controlled BSE risk and undetermined BSE risk. |
| --- | --- |

(1)

Regulation (EC) No 999/2001 provides that Member States or third countries or regions thereof (countries or regions) are to be classified according to their bovine spongiform encephalopathy (BSE) status into one of three categories: negligible BSE risk, controlled BSE risk and undetermined BSE risk.

| (2) | Article 5(2) of Regulation (EC) No 999/2001 provides that if the World Organisation for Animal Health (OIE) has placed an applicant country in one of the three BSE categories, a re-assessment of the BSE categorisation at Union level may be decided. Regulation (EC) No 999/2001 refers to the OIE, as that organisation plays a leading role in the categorisation of OIE Member Countries and zones by their BSE risk ranking, in accordance with the rules laid down in the Terrestrial Animal Health Code (2) of the OIE. |
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(2)

Article 5(2) of Regulation (EC) No 999/2001 provides that if the World Organisation for Animal Health (OIE) has placed an applicant country in one of the three BSE categories, a re-assessment of the BSE categorisation at Union level may be decided. Regulation (EC) No 999/2001 refers to the OIE, as that organisation plays a leading role in the categorisation of OIE Member Countries and zones by their BSE risk ranking, in accordance with the rules laid down in the Terrestrial Animal Health Code (2) of the OIE.

| (3) | Commission Decision 2007/453/EC (3) lists the BSE status of countries or regions according to their BSE risk in Parts A, B or C of the Annex to that act. The countries and regions listed in Part A of that Annex are regarded as having a negligible BSE risk, those listed in Part B thereof are regarded as having a controlled BSE risk, while Part C of that Annex provides that countries or regions not listed in Part A or B are to be regarded as having an undetermined BSE risk. |
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(3)

Commission Decision 2007/453/EC (3) lists the BSE status of countries or regions according to their BSE risk in Parts A, B or C of the Annex to that act. The countries and regions listed in Part A of that Annex are regarded as having a negligible BSE risk, those listed in Part B thereof are regarded as having a controlled BSE risk, while Part C of that Annex provides that countries or regions not listed in Part A or B are to be regarded as having an undetermined BSE risk.

| (4) | Serbia currently falls within Part C of the Annex to Decision 2007/453/EC as a country with an undetermined BSE risk. |
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(4)

Serbia currently falls within Part C of the Annex to Decision 2007/453/EC as a country with an undetermined BSE risk.

| (5) | On 28 May 2019, the OIE World Assembly of Delegates adopted Resolution No 19 Recognition of the Bovine Spongiform Encephalopathy Risk Status of Members (4), in view of an entry into force on 31 May 2019. That Resolution recognised Serbia ‘Excluding Kosovo administered by the United Nations’ as having a negligible BSE risk, in accordance with the Terrestrial Animal Health Code of the OIE. After reassessment of the situation at Union level, stemming from that OIE Resolution, the Commission has considered that the new OIE BSE status of this third country should be reflected in the Annex to Decision 2007/453/EC. |
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(5)

On 28 May 2019, the OIE World Assembly of Delegates adopted Resolution No 19 Recognition of the Bovine Spongiform Encephalopathy Risk Status of Members (4), in view of an entry into force on 31 May 2019. That Resolution recognised Serbia ‘Excluding Kosovo administered by the United Nations’ as having a negligible BSE risk, in accordance with the Terrestrial Animal Health Code of the OIE. After reassessment of the situation at Union level, stemming from that OIE Resolution, the Commission has considered that the new OIE BSE status of this third country should be reflected in the Annex to Decision 2007/453/EC.

| (6) | The list of countries or regions in the Annex to Decision 2007/453/EC should therefore be amended so that Serbia, as referred to in Article 135 of the Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Serbia, of the other part (5), is listed in Part A of that Annex under countries or regions with a negligible BSE risk. |
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(6)

The list of countries or regions in the Annex to Decision 2007/453/EC should therefore be amended so that Serbia, as referred to in Article 135 of the Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Serbia, of the other part (5), is listed in Part A of that Annex under countries or regions with a negligible BSE risk.

| (7) | The Annex to Decision 2007/453/EC should therefore be amended accordingly. |
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(7)

The Annex to Decision 2007/453/EC should therefore be amended accordingly.

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
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(8)

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

HAS ADOPTED THIS DECISION:

Article 1

In Part A of the Annex to Decision 2007/453/EC, the list under the heading ‘Third Countries’ is amended as follows:

| (1) | the following entry is inserted after the entry for Peru and before the entry for Singapore;






  ‘— | Serbia (*)’; |
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(1)

the following entry is inserted after the entry for Peru and before the entry for Singapore;

‘—

Serbia (*)’;

| (2) | the following note is added at the end of that list:






  ‘(*) | as referred to in Article 135 of the Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Serbia, of the other part (OJ L 278, 18.10.2013, p. 16).’. |
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(2)

the following note is added at the end of that list:

‘(*)

as referred to in Article 135 of the Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Serbia, of the other part (OJ L 278, 18.10.2013, p. 16).’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 30 June 2020.

For the Commission

Stella KYRIAKIDES

Member of the Commission

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(1)  
  OJ L 147, 31.5.2001, p. 1.

1

(2)  http://www.oie.int/international-standard-setting/terrestrial-code/access-online/

2

(3)  Commission Decision 2007/453/EC of 29 June 2007 establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk (OJ L 172, 30.6.2007, p. 84).

3

(4)  http://www.oie.int/fileadmin/Home/eng/Animal_Health_in_the_World/docs/pdf/Resolutions/2019/A_R19_BSE_risk.pdf

4

(5)  
  OJ L 278, 18.10.2013, p. 16.

5

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