# Official Journal C 494/2022

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 494 |
| | |
| English edition | Information and Notices | Volume 6528 December 2022 |

ISSN 1977-091X

Official Journal

of the European Union

C 494

English edition

Information and Notices

Volume 6528 December 2022

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| Contents | page |
| --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RESOLUTIONS |
| | Council |
| 2022/C 494/01 | Conclusions of the Council and the representatives of the Governments of the Member States meeting within the Council on sustainable and accessible sports infrastructure | 1 |

Contents

page

I   Resolutions, recommendations and opinions

RESOLUTIONS

Council

2022/C 494/01

Conclusions of the Council and the representatives of the Governments of the Member States meeting within the Council on sustainable and accessible sports infrastructure

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Food Safety Authority |
| 2022/C 494/02 | Networking of organisations operating in the fields within the European Food Safety Authority's (EFSA’s) mission | 8 |
| | European Commission |
| 2022/C 494/03 | Commission Notice — Application of the Union’s veterinary medicines acquis in markets historically dependent on medicines supply from or through parts of the United Kingdom other than Northern Ireland | 9 |
| 2022/C 494/04 | Euro exchange rates – 27 December 2022 | 12 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Food Safety Authority

2022/C 494/02

Networking of organisations operating in the fields within the European Food Safety Authority's (EFSA’s) mission

8

European Commission

2022/C 494/03

Commission Notice — Application of the Union’s veterinary medicines acquis in markets historically dependent on medicines supply from or through parts of the United Kingdom other than Northern Ireland

acquis

9

2022/C 494/04

Euro exchange rates – 27 December 2022

12

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2022/C 494/05 | Prior notification of a concentration (Case M.10983 – ALTAREA / CARREFOUR / SNC ALTACAR SARTROUVILLE / SNC ALTACAR NANTES) – Candidate case for simplified procedure (
  1
  ) | 13 |
| 2022/C 494/06 | Prior notification of a concentration (Case M.10982 – STELLANTIS / HON HAI PRECISION INDUSTRY / JV) – Candidate case for simplified procedure (
  1
  ) | 15 |
| | OTHER ACTS |
| | European Commission |
| 2022/C 494/07 | Decision of the Controller of procedural guarantees adopting implementing provisions for the handling of complaints | 17 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2022/C 494/05

Prior notification of a concentration (Case M.10983 – ALTAREA / CARREFOUR / SNC ALTACAR SARTROUVILLE / SNC ALTACAR NANTES) – Candidate case for simplified procedure (
  1
  )

1

13

2022/C 494/06

Prior notification of a concentration (Case M.10982 – STELLANTIS / HON HAI PRECISION INDUSTRY / JV) – Candidate case for simplified procedure (
  1
  )

1

15

OTHER ACTS

European Commission

2022/C 494/07

Decision of the Controller of procedural guarantees adopting implementing provisions for the handling of complaints

17

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| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | |
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EN

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I Resolutions, recommendations and opinions

RESOLUTIONS

Council

| 28.12.2022 | EN | Official Journal of the European Union | C 494/1 |
| --- | --- | --- | --- |

28.12.2022

EN

Official Journal of the European Union

C 494/1

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Conclusions of the Council and the representatives of the Governments of the Member States meeting within the Council on sustainable and accessible sports infrastructure

(2022/C 494/01)

THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL,

RECALLING THAT:

| 1. | The UN Convention on the Rights of Persons with Disabilities of December 2006 promotes action to enable persons with disabilities to participate on an equal basis with others in sporting activities and invites States Parties to take appropriate measures to allow such possibilities. |
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1.

The UN Convention on the Rights of Persons with Disabilities of December 2006 promotes action to enable persons with disabilities to participate on an equal basis with others in sporting activities and invites States Parties to take appropriate measures to allow such possibilities.

| 2. | The European Commission’s July 2007 White Paper on Sport calls for using the potential of sport for social inclusion, integration and equal opportunities and invites Member States and sports organisations to adapt sports infrastructure in line with the needs of people with disabilities. |
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2.

The European Commission’s July 2007 White Paper on Sport calls for using the potential of sport for social inclusion, integration and equal opportunities and invites Member States and sports organisations to adapt sports infrastructure in line with the needs of people with disabilities.

| 3. | The Council conclusions of June 2018 on promoting the common values of the EU through sport stress that ‘all people should be free to practise sport and to feel part of society, and different sectors related to sport can do what is in their capacity to foster integration as well as to provide equal opportunities to engage in sport and avoid discrimination and social exclusion’. |
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3.

The Council conclusions of June 2018 on promoting the common values of the EU through sport stress that ‘all people should be free to practise sport and to feel part of society, and different sectors related to sport can do what is in their capacity to foster integration as well as to provide equal opportunities to engage in sport and avoid discrimination and social exclusion’.

| 4. | In the key findings of the December 2018 report to the European Commission entitled ‘Mapping on Access to Sport for People with Disabilities’, good personal health, individual development and social well-being are listed as benefits of sport participation for people with disabilities. |
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4.

In the key findings of the December 2018 report to the European Commission entitled ‘Mapping on Access to Sport for People with Disabilities’, good personal health, individual development and social well-being are listed as benefits of sport participation for people with disabilities.

| 5. | The Council conclusions of June 2019 on access to sport for persons with disabilities emphasise that persons with disabilities have a higher probability of being subject to socioeconomic disadvantages and invite Member States to ‘take action to ensure access of persons with and without disabilities to sports infrastructure, including attendance at sports events, training or participation in sports’. |
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5.

The Council conclusions of June 2019 on access to sport for persons with disabilities emphasise that persons with disabilities have a higher probability of being subject to socioeconomic disadvantages and invite Member States to ‘take action to ensure access of persons with and without disabilities to sports infrastructure, including attendance at sports events, training or participation in sports’.

| 6. | The SHARE Initiative report of February 2020 by the European Commission on the ‘Contribution of sport to regional development through sport 2021-2027’ insists on quality infrastructural and spatial development of sport infrastructures as drivers for urban regeneration, employment multiplier and social inclusion. |
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6.

The SHARE Initiative report of February 2020 by the European Commission on the ‘Contribution of sport to regional development through sport 2021-2027’ insists on quality infrastructural and spatial development of sport infrastructures as drivers for urban regeneration, employment multiplier and social inclusion.

| 7. | The Council Resolution of December 2020 on the European Union Work Plan for Sport for the period from 1 January 2021 to 30 June 2024 includes, as a guiding objective, awareness of the important contribution that sport can make to Europe’s socially and environmentally sustainable growth. |
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7.

The Council Resolution of December 2020 on the European Union Work Plan for Sport for the period from 1 January 2021 to 30 June 2024 includes, as a guiding objective, awareness of the important contribution that sport can make to Europe’s socially and environmentally sustainable growth.

| 8. | The Council conclusions of June 2021 on Sport innovation recognise that innovative sport infrastructures, and the processes for their construction and maintenance, can, among other things, provide better and safer conditions for sport and physical activity, while being more sustainable, environmentally friendly, accessible and energy efficient. |
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8.

The Council conclusions of June 2021 on Sport innovation recognise that innovative sport infrastructures, and the processes for their construction and maintenance, can, among other things, provide better and safer conditions for sport and physical activity, while being more sustainable, environmentally friendly, accessible and energy efficient.

| 9. | The Council of Europe Revised European Sports Charter of October 2021 calls for economically, socially and environmentally sustainable behaviour as well as for the responsible practice of indoor and outdoor sports activities. Owners of sports infrastructure are called on ‘to act proactively to identify the effects and consequences of their facilities, avoid potential damage to nature and, where necessary, take counter- and protective measures against such risks’. |
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9.

The Council of Europe Revised European Sports Charter of October 2021 calls for economically, socially and environmentally sustainable behaviour as well as for the responsible practice of indoor and outdoor sports activities. Owners of sports infrastructure are called on ‘to act proactively to identify the effects and consequences of their facilities, avoid potential damage to nature and, where necessary, take counter- and protective measures against such risks’.

| 10. | The Council conclusions of December 2021 on lifelong physical activity emphasise that ‘disadvantaged groups (1) across all age groups are often insufficiently physically active due to fewer opportunities and limited access’. |
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10.

The Council conclusions of December 2021 on lifelong physical activity emphasise that ‘disadvantaged groups (1) across all age groups are often insufficiently physically active due to fewer opportunities and limited access’.

| 11. | The Council conclusions of April 2022 on ‘sport and physical activity, a promising lever to transform behaviour for sustainable development’, highlight the importance of minimising ‘the negative impact of all types of sports activities on biodiversity, the environment, and the dynamics of the ongoing process of climate change’ and the need ‘to ensure that the sports sector makes its contribution to the European Union’s climate and environmental objectives, as set out in the European Green Deal’. |
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11.

The Council conclusions of April 2022 on ‘sport and physical activity, a promising lever to transform behaviour for sustainable development’, highlight the importance of minimising ‘the negative impact of all types of sports activities on biodiversity, the environment, and the dynamics of the ongoing process of climate change’ and the need ‘to ensure that the sports sector makes its contribution to the European Union’s climate and environmental objectives, as set out in the European Green Deal’.

ACKNOWLEDGING THAT:

| 12. | Sports infrastructure, as a place for practicing sports and physical activities, can contribute to enabling the UN Sustainable Development Goals (SDGs) (2) in various areas. These include environmental, social and economic sustainability goals. |
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12.

Sports infrastructure, as a place for practicing sports and physical activities, can contribute to enabling the UN Sustainable Development Goals (SDGs) (2) in various areas. These include environmental, social and economic sustainability goals.

| 13. | Sport and sports infrastructure affect and are also affected by climate change. The effects of climate change can lead to damage to buildings and other sports infrastructure owing to phenomena such as violent storms or floods, damage to playing surfaces caused by extreme weather conditions, coastal erosion, or lack of snow as a result of rising temperatures associated with global warming. This leads to a decrease in the number of locations for sports practice (3) and a reduced availability of the remaining sports infrastructure. |
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13.

Sport and sports infrastructure affect and are also affected by climate change. The effects of climate change can lead to damage to buildings and other sports infrastructure owing to phenomena such as violent storms or floods, damage to playing surfaces caused by extreme weather conditions, coastal erosion, or lack of snow as a result of rising temperatures associated with global warming. This leads to a decrease in the number of locations for sports practice (3) and a reduced availability of the remaining sports infrastructure.

| 14. | The construction, renovation, maintenance, and use of sports infrastructure also have deteriorating effects on the environment and the climate since they directly or indirectly generate greenhouse gas emissions over its entire lifecycle (4). The overall sustainability of sports infrastructure can be most affected by planning (5). |
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14.

The construction, renovation, maintenance, and use of sports infrastructure also have deteriorating effects on the environment and the climate since they directly or indirectly generate greenhouse gas emissions over its entire lifecycle (4). The overall sustainability of sports infrastructure can be most affected by planning (5).

| 15. | The planning process for sustainable and accessible sports infrastructure be it in the construction of new infrastructure, the renovation of existing infrastructure, or its operation and maintenance, should primarily reflect ways to maximise its capacity and energy efficiency, including the concept of ‘active design’ (6)
  , barrier-free access, and the reuse or recycling of materials and equipment. Multi-purpose infrastructure with year-round use, particularly outdoor sports infrastructure, brownfield redevelopment and the conversion of existing non-sports infrastructure into sports infrastructure, should be preferred. |
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15.

The planning process for sustainable and accessible sports infrastructure be it in the construction of new infrastructure, the renovation of existing infrastructure, or its operation and maintenance, should primarily reflect ways to maximise its capacity and energy efficiency, including the concept of ‘active design’ (6)
  , barrier-free access, and the reuse or recycling of materials and equipment. Multi-purpose infrastructure with year-round use, particularly outdoor sports infrastructure, brownfield redevelopment and the conversion of existing non-sports infrastructure into sports infrastructure, should be preferred.

| 16. | As only 12 % of materials used in construction in the EU are currently recycled (7), support for the reuse of materials is needed. As sports infrastructure is a major consumer of energy and other resources the adoption of modern, highly energy-efficient solutions for sports infrastructure not only contributes to the conservation of resources but can also lead to economic savings as a potential positive side effect. |
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16.

As only 12 % of materials used in construction in the EU are currently recycled (7), support for the reuse of materials is needed. As sports infrastructure is a major consumer of energy and other resources the adoption of modern, highly energy-efficient solutions for sports infrastructure not only contributes to the conservation of resources but can also lead to economic savings as a potential positive side effect.

| 17. | The current energy crisis triggered, inter alia, by the Russian war of aggression against Ukraine, poses significant and serious challenges to sports infrastructure. Rising energy prices compromise sports infrastructure’s operations and the opportunities and conditions for practicing sport and physical activity. This further highlights the importance of sustainable, energy-efficient solutions and practices in relation to sports infrastructure. |
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17.

The current energy crisis triggered, inter alia, by the Russian war of aggression against Ukraine, poses significant and serious challenges to sports infrastructure. Rising energy prices compromise sports infrastructure’s operations and the opportunities and conditions for practicing sport and physical activity. This further highlights the importance of sustainable, energy-efficient solutions and practices in relation to sports infrastructure.

| 18. | Given the cost of construction and renovation of sports infrastructure, multi-source financing can support its modernisation, in particular with regard to environmental sustainability and the protection of resources. Available funds through EU programmes – notably the ERDF, ESF+ and RRF – can contribute to the construction or renovation of sports infrastructure while fulfilling their objectives as ‘greener, low-carbon Europe’. |
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18.

Given the cost of construction and renovation of sports infrastructure, multi-source financing can support its modernisation, in particular with regard to environmental sustainability and the protection of resources. Available funds through EU programmes – notably the ERDF, ESF+ and RRF – can contribute to the construction or renovation of sports infrastructure while fulfilling their objectives as ‘greener, low-carbon Europe’.

| 19. | The accessibility of sports infrastructure is a key factor in providing equal and inclusive access to physical activity. Physical activity and sport can lead to a wide range of benefits for individuals, communities and society at large by contributing to participants’ physical literacy, well-being, mental and physical health and ability to develop social skills, and by improving people’s role in society. Physical activity and sport bring benefits not only to individuals but also to society as a whole (8). |
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19.

The accessibility of sports infrastructure is a key factor in providing equal and inclusive access to physical activity. Physical activity and sport can lead to a wide range of benefits for individuals, communities and society at large by contributing to participants’ physical literacy, well-being, mental and physical health and ability to develop social skills, and by improving people’s role in society. Physical activity and sport bring benefits not only to individuals but also to society as a whole (8).

| 20. | Non-discriminatory access to sports infrastructure and the practice of physical activity and sport is a fundamental right regardless of disability, age, ethnicity, gender, sexual orientation, language, religion, political or other opinion, national or social origin, property or any other basis. |
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20.

Non-discriminatory access to sports infrastructure and the practice of physical activity and sport is a fundamental right regardless of disability, age, ethnicity, gender, sexual orientation, language, religion, political or other opinion, national or social origin, property or any other basis.

| 21. | The availability of accessible sports infrastructure can contribute to the development of parasports on a local, national and international level. |
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21.

The availability of accessible sports infrastructure can contribute to the development of parasports on a local, national and international level.

| 22. | The accessibility of sports infrastructure can sometimes be limited for athletes, coaches, fans and other persons to use sports infrastructure without the help of a third party. This should be addressed by relevant policies and criteria: accessibility policies and criteria need to be formulated by stakeholders involved in the process, such as local, regional and national public authorities, as well as the sports movement and persons with disabilities and their representative organisations, to ensure that all persons with disabilities have equal opportunities and equal access to participate in society and the economy (9). |
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22.

The accessibility of sports infrastructure can sometimes be limited for athletes, coaches, fans and other persons to use sports infrastructure without the help of a third party. This should be addressed by relevant policies and criteria: accessibility policies and criteria need to be formulated by stakeholders involved in the process, such as local, regional and national public authorities, as well as the sports movement and persons with disabilities and their representative organisations, to ensure that all persons with disabilities have equal opportunities and equal access to participate in society and the economy (9).

| 23. | The location of sports infrastructure plays a vital role in terms of accessibility. Lack of sports infrastructure and information about opportunities to practise sports act as barriers to sports practice (10). People in certain rural, insular, or remote areas, such as the EU’s outermost regions, may have fewer opportunities to practise sports owing to the limited sports infrastructure available to them. This can also be the case in highly dense urban areas due to waiting lists and under-capacity of sports infrastructure owing to the lack of space to build new infrastructure. Placement should be planned based on the needs and demand of society, the suitability of a location and its accessibility by means of public transport or active forms of mobility (such as walking or cycling) which can contribute positively to health and the environment. |
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23.

The location of sports infrastructure plays a vital role in terms of accessibility. Lack of sports infrastructure and information about opportunities to practise sports act as barriers to sports practice (10). People in certain rural, insular, or remote areas, such as the EU’s outermost regions, may have fewer opportunities to practise sports owing to the limited sports infrastructure available to them. This can also be the case in highly dense urban areas due to waiting lists and under-capacity of sports infrastructure owing to the lack of space to build new infrastructure. Placement should be planned based on the needs and demand of society, the suitability of a location and its accessibility by means of public transport or active forms of mobility (such as walking or cycling) which can contribute positively to health and the environment.

HIGHLIGHTING THE FOLLOWING:

| 24. | In view of the ambitious goals set in the European Green Deal and the UN SDGs, it is necessary to ensure that sport and sports infrastructure contribute to social, economic, and environmental sustainability, social interaction, and inclusion. To achieve these goals, cross-sectoral cooperation, and consultation with relevant stakeholders such as persons with disabilities, through their representative organisations, is needed, together with common action and responsibility taken by all relevant stakeholders, when planning, constructing, renovating, maintaining, and using sports infrastructure. |
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24.

In view of the ambitious goals set in the European Green Deal and the UN SDGs, it is necessary to ensure that sport and sports infrastructure contribute to social, economic, and environmental sustainability, social interaction, and inclusion. To achieve these goals, cross-sectoral cooperation, and consultation with relevant stakeholders such as persons with disabilities, through their representative organisations, is needed, together with common action and responsibility taken by all relevant stakeholders, when planning, constructing, renovating, maintaining, and using sports infrastructure.

| 25. | A key goal in improving the sustainability of sports infrastructure is to reduce the negative impact on the environment and biodiversity during all phases of its lifecycle and adapt the locations of sports infrastructure to climate threats. |
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25.

A key goal in improving the sustainability of sports infrastructure is to reduce the negative impact on the environment and biodiversity during all phases of its lifecycle and adapt the locations of sports infrastructure to climate threats.

| 26. | Faced with the need to modernise sports infrastructure and implement sustainable, energy-efficient and low-carbon solutions and accessibility measures, it is necessary to identify sources of funding for the construction and renovation of sustainable sports infrastructure. The promotion of the benefits of implementing sustainable solutions can generate motivation and momentum for change; these benefits are often highlighted during the hosting of major sport events. Multi-source funding, including the use of existing EU funds, can be an effective way of contributing to these objectives. |
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26.

Faced with the need to modernise sports infrastructure and implement sustainable, energy-efficient and low-carbon solutions and accessibility measures, it is necessary to identify sources of funding for the construction and renovation of sustainable sports infrastructure. The promotion of the benefits of implementing sustainable solutions can generate motivation and momentum for change; these benefits are often highlighted during the hosting of major sport events. Multi-source funding, including the use of existing EU funds, can be an effective way of contributing to these objectives.

| 27. | Ensuring access to sports infrastructure is essential for the inclusion of persons with disabilities and from different backgrounds, ethnicities, gender, persons with a different sexual orientation, language, religion, political or other opinion, national or social origin and can also create a sense of community. |
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27.

Ensuring access to sports infrastructure is essential for the inclusion of persons with disabilities and from different backgrounds, ethnicities, gender, persons with a different sexual orientation, language, religion, political or other opinion, national or social origin and can also create a sense of community.

| 28. | It is important to enable barrier-free access to sports infrastructure and participation in sporting and physical activities, in particular for persons with disabilities or other disadvantaged groups, so that as many persons as possible can enjoy the benefits offered by sport. |
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28.

It is important to enable barrier-free access to sports infrastructure and participation in sporting and physical activities, in particular for persons with disabilities or other disadvantaged groups, so that as many persons as possible can enjoy the benefits offered by sport.

INVITE THE MEMBER STATES, AT THE APPROPRIATE LEVEL, TO:

| 29. | Support equal access for all citizens to sustainable, aesthetic and inclusive sports infrastructure to serve sports activities and also communities and society as mentioned in the core values of the Commission’s New European Bauhaus initiative (11). |
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29.

Support equal access for all citizens to sustainable, aesthetic and inclusive sports infrastructure to serve sports activities and also communities and society as mentioned in the core values of the Commission’s New European Bauhaus initiative (11).

| 30. | Consider establishing policy frameworks, guidelines, roadmaps and incentives to ensure that private and public sports infrastructures become more sustainable and accessible to everybody. |
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30.

Consider establishing policy frameworks, guidelines, roadmaps and incentives to ensure that private and public sports infrastructures become more sustainable and accessible to everybody.

| 31. | Include parameters (12) for adequate physical and sensorial accessibility to sports infrastructure in policies in order to design sports infrastructure that provides barrier-free access to sports for citizens with specific physical accessibility requirements. |
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31.

Include parameters (12) for adequate physical and sensorial accessibility to sports infrastructure in policies in order to design sports infrastructure that provides barrier-free access to sports for citizens with specific physical accessibility requirements.

| 32. | Consider developing systems of environmental criteria to monitor the impact of the climate on sports infrastructure over its life cycle, while taking the scale of each piece of sports infrastructure into account. |
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32.

Consider developing systems of environmental criteria to monitor the impact of the climate on sports infrastructure over its life cycle, while taking the scale of each piece of sports infrastructure into account.

| 33. | Aim to include environmental and accessibility criteria as positive criteria for accessing public funding for the planning, construction and renovation of sports infrastructure and to support measures for energy-efficient solutions as well as the use and reuse of existing infrastructure, resources and circular economy solutions to limit the use of new materials and increase their recycling within the economy. |
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33.

Aim to include environmental and accessibility criteria as positive criteria for accessing public funding for the planning, construction and renovation of sports infrastructure and to support measures for energy-efficient solutions as well as the use and reuse of existing infrastructure, resources and circular economy solutions to limit the use of new materials and increase their recycling within the economy.

| 34. | Promote cooperation between relevant sports stakeholders and public authorities, including the managing authorities of decentralised EU funds, to support the construction and renovation of sports infrastructure and explore options to co-finance them. |
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34.

Promote cooperation between relevant sports stakeholders and public authorities, including the managing authorities of decentralised EU funds, to support the construction and renovation of sports infrastructure and explore options to co-finance them.

| 35. | Contribute to the mapping of sports infrastructure, particularly by supporting the development and use of databases containing statistics on sports infrastructure (for example, through an online platform) and building sports infrastructure passports in order to gather information about existing sports infrastructure in the Member States and its characteristics to support the planning and location of sports infrastructure and to maximise its use. |
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35.

Contribute to the mapping of sports infrastructure, particularly by supporting the development and use of databases containing statistics on sports infrastructure (for example, through an online platform) and building sports infrastructure passports in order to gather information about existing sports infrastructure in the Member States and its characteristics to support the planning and location of sports infrastructure and to maximise its use.

| 36. | Contribute to the establishment of crisis management schemes for sports infrastructure to prevent operational limitations arising as a result of unexpected events, such as the COVID-19 pandemic, natural disasters or energy crises, and to the implementation of safety and security guidelines to protect all users of or visitors to sports infrastructure. |
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36.

Contribute to the establishment of crisis management schemes for sports infrastructure to prevent operational limitations arising as a result of unexpected events, such as the COVID-19 pandemic, natural disasters or energy crises, and to the implementation of safety and security guidelines to protect all users of or visitors to sports infrastructure.

| 37. | Support the identification and elimination of access barriers to sports infrastructure and promote non-discriminatory access for all, regardless of disabilities, age, ethnicity, gender, sexual orientation, language, religion, political or other opinion or national or social origin, and share best practices with other Member States about sustainable measures. |
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37.

Support the identification and elimination of access barriers to sports infrastructure and promote non-discriminatory access for all, regardless of disabilities, age, ethnicity, gender, sexual orientation, language, religion, political or other opinion or national or social origin, and share best practices with other Member States about sustainable measures.

INVITE THE EUROPEAN COMMISSION TO:

| 38. | Promote the sharing of knowledge and best practices, exploring new aspects of traditional planning such as transformation and reuse of brownfields and existing buildings in sports infrastructure, foster innovation research to support the implementation of sustainable solutions throughout the lifecycle of sports infrastructure through the Erasmus+ programme and continue support for existing initiatives such as the Expert Group on Green Sport or the SHARE Initiative. |
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38.

Promote the sharing of knowledge and best practices, exploring new aspects of traditional planning such as transformation and reuse of brownfields and existing buildings in sports infrastructure, foster innovation research to support the implementation of sustainable solutions throughout the lifecycle of sports infrastructure through the Erasmus+ programme and continue support for existing initiatives such as the Expert Group on Green Sport or the SHARE Initiative.

| 39. | Support the exchange of best practices and promote initiatives addressing inclusion and equal opportunities when accessing sports infrastructure. |
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39.

Support the exchange of best practices and promote initiatives addressing inclusion and equal opportunities when accessing sports infrastructure.

| 40. | Facilitate the exploring of opportunities for the use of EU funding for sustainable sports infrastructure. Regularly inform Member States and relevant stakeholders about potential EU funding opportunities for sustainable sports infrastructure to facilitate its construction and renovation and improve its accessibility. |
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40.

Facilitate the exploring of opportunities for the use of EU funding for sustainable sports infrastructure. Regularly inform Member States and relevant stakeholders about potential EU funding opportunities for sustainable sports infrastructure to facilitate its construction and renovation and improve its accessibility.

| 41. | Consider the work of the Council of Europe on the development of sports databases and registers in the Member States with other relevant actors through best practice and knowledge exchange and the sharing of data, including data on environmental impact, usage, size and accessibility in its initiatives and proposals, including within the Green Sport Expert Group. |
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41.

Consider the work of the Council of Europe on the development of sports databases and registers in the Member States with other relevant actors through best practice and knowledge exchange and the sharing of data, including data on environmental impact, usage, size and accessibility in its initiatives and proposals, including within the Green Sport Expert Group.

| 42. | Take into account equal accessibility to sports infrastructure in accordance with Articles 9 and 30 of the UN Convention on the Rights of Persons with Disabilities (CRPD) (13) and the UN SDGs. |
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42.

Take into account equal accessibility to sports infrastructure in accordance with Articles 9 and 30 of the UN Convention on the Rights of Persons with Disabilities (CRPD) (13) and the UN SDGs.

INVITE THE SPORTS MOVEMENT AND OTHER RELEVANT STAKEHOLDERS TO:

| 43. | Take into account sustainability criteria (14), including the expected costs throughout the life-cycle, for the construction, renovation, maintenance and use of sports infrastructure while respecting its various forms, together with the needs of society and the environment and the requirements of each location. |
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43.

Take into account sustainability criteria (14), including the expected costs throughout the life-cycle, for the construction, renovation, maintenance and use of sports infrastructure while respecting its various forms, together with the needs of society and the environment and the requirements of each location.

| 44. | Where possible, carry out an environmental impact assessment to evaluate the impact of the construction, renovation and operation of sports infrastructure on the environment. |
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44.

Where possible, carry out an environmental impact assessment to evaluate the impact of the construction, renovation and operation of sports infrastructure on the environment.

| 45. | Wherever possible, consider reusing existing infrastructure and resources and using circular economy solutions to limit the use of new materials and increase their recycling within the economy. |
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45.

Wherever possible, consider reusing existing infrastructure and resources and using circular economy solutions to limit the use of new materials and increase their recycling within the economy.

| 46. | Use the potential of sports infrastructure and its multi-purpose characteristics to maximise its utilisation for sports and also to serve communities. |
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46.

Use the potential of sports infrastructure and its multi-purpose characteristics to maximise its utilisation for sports and also to serve communities.

| 47. | Promote barrier-free access to sports infrastructure via various modes of transport in cooperation with public authorities, such as public transport or active forms of mobility (for example, walking or cycling). |
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47.

Promote barrier-free access to sports infrastructure via various modes of transport in cooperation with public authorities, such as public transport or active forms of mobility (for example, walking or cycling).

| 48. | Promote sustainable and short supply chains and sustainable criteria in tenders for contractors to construct, renovate and maintain sports infrastructure. |
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48.

Promote sustainable and short supply chains and sustainable criteria in tenders for contractors to construct, renovate and maintain sports infrastructure.

| 49. | Ensure that universal human and labour rights of all people affected by the construction and renovation of sports infrastructures are respected. |
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49.

Ensure that universal human and labour rights of all people affected by the construction and renovation of sports infrastructures are respected.

| 50. | Protect people, fauna and flora and the soil in the vicinity of construction sites of sports infrastructure. |
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50.

Protect people, fauna and flora and the soil in the vicinity of construction sites of sports infrastructure.

| 51. | Consider incorporating resource and waste management systems to lower the consumption of water, energy and other resources, encourage sustainable and responsible consumption and reduce expenses. Educate users, staff and visitors about the responsible use of sports infrastructure to extend its lifespan and spare natural resources. Promote the benefits of the sustainability measures implemented and the link between saving resources and reducing the impact of sports infrastructure on the environment. |
| --- | --- |

51.

Consider incorporating resource and waste management systems to lower the consumption of water, energy and other resources, encourage sustainable and responsible consumption and reduce expenses. Educate users, staff and visitors about the responsible use of sports infrastructure to extend its lifespan and spare natural resources. Promote the benefits of the sustainability measures implemented and the link between saving resources and reducing the impact of sports infrastructure on the environment.

| 52. | Contribute to the establishment of crisis management schemes for sports infrastructure to prevent operational limitations arising as a result of unexpected events such as the COVID-19 pandemic, natural disasters or energy crises and to the implementation of safety and security guidelines to ensure the safety of all visitors to sports infrastructure. |
| --- | --- |

52.

Contribute to the establishment of crisis management schemes for sports infrastructure to prevent operational limitations arising as a result of unexpected events such as the COVID-19 pandemic, natural disasters or energy crises and to the implementation of safety and security guidelines to ensure the safety of all visitors to sports infrastructure.

| 53. | Act responsibly when using sports infrastructure and event-related infrastructure in the course of organising sports events in indoor and outdoor settings by avoiding or restoring environmental disturbances as far as possible. |
| --- | --- |

53.

Act responsibly when using sports infrastructure and event-related infrastructure in the course of organising sports events in indoor and outdoor settings by avoiding or restoring environmental disturbances as far as possible.

| 54. | Facilitate access to sports infrastructure for persons with disabilities and follow relevant national and international guidelines and recommendations. |
| --- | --- |

54.

Facilitate access to sports infrastructure for persons with disabilities and follow relevant national and international guidelines and recommendations.

| 55. | Where appropriate, actively use and contribute to sports databases to provide and obtain relevant data on the characteristics and location of sports infrastructure. |
| --- | --- |

55.

Where appropriate, actively use and contribute to sports databases to provide and obtain relevant data on the characteristics and location of sports infrastructure.

---

(1)  Definition according to the European Institute for Gender Equality (EIGE): “groups of persons that experience a higher risk of poverty, social exclusion, discrimination and violence than the general population, including, but not limited to, ethnic minorities, migrants, people with disabilities, isolated elderly people and children”.

(2)  United Nations, Transforming our world: the 2030 agenda for sustainable development, A/RES/70/1.

(3)  UN Sports for Climate Action Framework, 2018.

(4)  Notably construction, operation, maintenance and also demolition of infrastructures

(5)  German Federal Institute of Sport Science, Guidelines for Sustainable Sports Facility Construction, Criteria for the Construction of Sustainable Sports Halls, 2021.

(6)  In the context of these Council conclusions, ‘active design’ means: a set of building and planning principles that promote physical activity.

(7)  EUROSTAT 39/2019, Record recycling rates and use of recycled materials in the EU.

(8)  UNESCO, The International Charter of Physical Education, Physical Activity and Sport, SHS/2015/PI/H/14 REV, 2015.

(9)  European Commission, Strategy for the Rights of Persons with Disabilities 2021-2030, 2021.

(10)  European Commission, Directorate-General for Education, Youth, Sport and Culture Mapping of innovative practices in the EU to promote sport outside of traditional structures. Final report to the European Commission, Publications Office, 2021.

(11)  European Commission, New European Bauhaus, COM(2021)573 final.

(12)  Such as the parameters mentioned in the International Paralympic Committee Accessibility Guide.

(13)  United Nations, Department of Economic and Social Affairs Disability, Convention on the Rights of Persons with Disabilities, 2006.

(14)  The ‘sustainability criteria’ entail the following indicators: ecological quality, sociocultural and functional quality, economic quality, technical quality, process quality, location quality and sports functional quality.

---

ANNEX

REFERENCES

Council of the European Union

Conclusions of the Council and of the representatives of the Governments of the Member States meeting within the Council on promoting the common values of the EU through sport, 2018/C 196/06.

Conclusions of the Council of the European Union and the representatives of the Member States meeting within the Council on Access to sport for persons with disabilities, 2019/C 192/06.

Resolution of the Council and of the representatives of the Governments of the Member States meeting within the Council on the European Union Work Plan for Sport (1 January 2021-30 June 2024), 2020/C 419/01.

Conclusions of the Council and of the representatives of the Governments of the Member States meeting within the Council on lifelong physical activity, 2021/C 501 I/01.

Conclusions of the Council and the representatives of the Governments of the Member States on ‘Sport and physical activity, a promising lever to transform behaviour for sustainable development’, 2022/C 170/01.

Other references

United Nations, Department of Economic and Social Affairs Disability, Convention on the Rights of Persons with Disabilities (CRPD), 2006.

European Commission, The White Paper on Sport, COM/2007/0391 final.

UNESCO, International Charter of Physical Education, Physical Activity and Sport, SHS/2015/PI/H/14 REV, 2015.

European Commission, Mapping on access to sport for people with disabilities: a report to the European Commission, Publications Office, 2018.

United Nations, Transforming our world: the 2030 agenda for sustainable development, A/RES/70/1.

United Nations, Sports for Climate Action Framework, 2018.

EUROSTAT, 39/2019, Record recycling rates and use of recycled materials in the EU, 2019.

European Commission, SHARE Initiative – Contribution of sport to regional development through Cohesion Policy 2021-2027, 2020.

International Paralympic Committee, Accessibility Guide, 2020.

German Federal Institute of Sport Science, Guidelines for Sustainable Sports Facility Construction, Criteria for the Construction of Sustainable Sports Halls, 2021.

European Commission, Directorate-General for Education, Youth, Sport and Culture, Mapping of innovative practices in the EU to promote sport outside of traditional structures: final report to the European Commission, Publications Office, 2021.

European Commission, Union of Equality, Strategy for the Rights of Persons with Disabilities 2021-2030, 2021.

European Commission, New European Bauhaus, COM(2021)573 final.

European Commission, Directorate-General for Education, Youth, Sport and Culture, Towards a shared culture of architecture: investing in a high-quality living environment for everyone: report of the OMC (Open Method of Coordination) group of EU Member State experts, Publications Office, 2021.

Council of Europe, Recommendation CM/Rec(2021)5 of the Committee of Ministers to member States on the Revised European Sports Charter, adopted by the Committee of Ministers on 13 October 2021 at the 1414th meeting of the Ministers’ Deputies.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Food Safety Authority

| 28.12.2022 | EN | Official Journal of the European Union | C 494/8 |
| --- | --- | --- | --- |

28.12.2022

EN

Official Journal of the European Union

C 494/8

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Networking of organisations operating in the fields within the European Food Safety Authority's (EFSA’s) mission

(2022/C 494/02)

Regulation (EC) No 178/2002 (1), Article 36(2), provides that the European Food Safety Authority's ‘Management Board, acting on a proposal from the Executive Director, shall draw up a list to be made public of competent organisations designated by the Member States which may assist the Authority, either individually or in networks, with its mission.’

The list was first drawn up by EFSA’s Management Board on 19 December 2006, and since then is:

| i. | updated regularly, on the basis of proposals from EFSA’s Executive Director, taking account of reviews or new designation proposals from the Member States (in accordance with Commission Regulation (EC) No 2230/2004, Article 2(4) (2)), and |
| --- | --- |

i.

updated regularly, on the basis of proposals from EFSA’s Executive Director, taking account of reviews or new designation proposals from the Member States (in accordance with Commission Regulation (EC) No 2230/2004, Article 2(4) (2)), and

| ii. | made public on EFSA’s website, where the latest updated list of competent organisations is published. |
| --- | --- |

ii.

made public on EFSA’s website, where the latest updated list of competent organisations is published.

This respective information is available on the EFSA website, at the following locations:

| i. | the latest amendment to the list of competent organisations by EFSA’s Management Board on 15 December 2022 –
  https://www.efsa.europa.eu/en/events/93rd-management-board-web-meeting, and |
| --- | --- |

i.

the latest amendment to the list of competent organisations by EFSA’s Management Board on 15 December 2022 –

https://www.efsa.europa.eu/en/events/93rd-management-board-web-meeting, and

| ii. | the updated list of competent organisations – http://www.efsa.europa.eu/en/partnersnetworks/scorg. |
| --- | --- |

ii.

the updated list of competent organisations – http://www.efsa.europa.eu/en/partnersnetworks/scorg.

EFSA will keep this Notice updated, specifically regarding the provided website links.

For more information please contact Cooperation.Article36@efsa.europa.eu.

---

(1)  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).

(2)  Commission Regulation (EC) No 2230/2004 of 23 December 2004 laying down detailed rules for the implementation of European Parliament and Council Regulation (EC) No 178/2002 with regard to the network of organisations operating in the fields within the European Food Safety Authority’s mission (OJ L 379, 24.12.2004, p. 64), as last amended.

---

European Commission

| 28.12.2022 | EN | Official Journal of the European Union | C 494/9 |
| --- | --- | --- | --- |

28.12.2022

EN

Official Journal of the European Union

C 494/9

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Commission Notice — Application of the Union’s veterinary medicines acquis in markets historically dependent on medicines supply from or through parts of the United Kingdom other than Northern Ireland

(2022/C 494/03)

DISCLAIMER

This guidance notice is intended to facilitate the application of the EU’s veterinary medicines acquis in markets historically dependent on medicines supply from or through parts of the United Kingdom other than Northern Ireland. While this notice seeks to assist authorities and operators, only the Court of Justice of the European Union is competent to authoritatively interpret Union law.

1.   Legal framework and other relevant considerations

On 1 February 2020, the United Kingdom withdrew from the European Union and thereby became a ‘third country’ (1). The Withdrawal Agreement (2) provides for a transition period which ended on 31 December 2020.

At the end of the transition period, Union law ceased to apply to the United Kingdom, whilst the Protocol on Ireland and Northern Ireland (‘the IE/NI Protocol’), which forms an integral part of the Withdrawal Agreement, became applicable.

In accordance with Article 5(4) of and point 20 of Annex 2 to the IE/NI Protocol, the pharmaceutical acquis of the Union including Directive 2001/82/EC (3) and Regulation (EU) 2019/6 (4), as well as legal acts of the Union implementing, amending or replacing those legal acts apply to and in the United Kingdom in respect of Northern Ireland.

In practical terms, as far as veterinary medicinal products are concerned, this means, in particular, that:

| — | Veterinary medicinal products (in the scope of the abovementioned legislation) placed on the market in Northern Ireland must comply with the regulatory requirements laid down in Union law; |
| --- | --- |

—

Veterinary medicinal products (in the scope of the abovementioned legislation) placed on the market in Northern Ireland must comply with the regulatory requirements laid down in Union law;

| — | Veterinary medicinal products placed on the market in Northern Ireland must have a valid marketing authorisation granted by the Commission (EU wide authorisation) or by the competent authorities of the United Kingdom in respect of Northern Ireland, the holder of which is located in the Union or in Northern Ireland; |
| --- | --- |

—

Veterinary medicinal products placed on the market in Northern Ireland must have a valid marketing authorisation granted by the Commission (EU wide authorisation) or by the competent authorities of the United Kingdom in respect of Northern Ireland, the holder of which is located in the Union or in Northern Ireland;

| — | Movements of veterinary medicinal products from parts of the United Kingdom other than Northern Ireland to Northern Ireland or to the Union constitutes an import within the meaning of applicable Union law; |
| --- | --- |

—

Movements of veterinary medicinal products from parts of the United Kingdom other than Northern Ireland to Northern Ireland or to the Union constitutes an import within the meaning of applicable Union law;

| — | Movements of veterinary medicinal products from the Union or Northern Ireland to parts of the United Kingdom other than Northern Ireland or any other third country constitutes an export within the meaning of applicable Union law; |
| --- | --- |

—

Movements of veterinary medicinal products from the Union or Northern Ireland to parts of the United Kingdom other than Northern Ireland or any other third country constitutes an export within the meaning of applicable Union law;

| — | Marketing authorisations issued by UK authorities are, in principle, not valid within the Union but only in Northern Ireland if adopted in accordance with applicable Union law (cf. Article 7(3) of the IE/NI Protocol); |
| --- | --- |

—

Marketing authorisations issued by UK authorities are, in principle, not valid within the Union but only in Northern Ireland if adopted in accordance with applicable Union law (cf. Article 7(3) of the IE/NI Protocol);

| — | Any action in the supply of veterinary medicines which must be carried out in the Union (e.g. batch testing) in order to allow for the placing on the market of medicinal products in accordance with Union law must occur in the Union or Northern Ireland, and only such actions that may be carried out in third countries may occur in parts of the United Kingdom other than Northern Ireland. |
| --- | --- |

—

Any action in the supply of veterinary medicines which must be carried out in the Union (e.g. batch testing) in order to allow for the placing on the market of medicinal products in accordance with Union law must occur in the Union or Northern Ireland, and only such actions that may be carried out in third countries may occur in parts of the United Kingdom other than Northern Ireland.

Since 2017, the Commission and the European Medicines Agency have actively been disseminating information in order to draw the attention of relevant stakeholders to the impact of the United Kingdom’s withdrawal and to alert them of the need to adapt in time before the end of the transition period. The necessary changes have notably been explained in the BREXIT Notices for medicinal products as last amended and published on 13 March 2020 (5).

Nonetheless, at the end of the transition period, operators in certain markets which have historically relied on the supply of veterinary medicinal products from or through parts of the United Kingdom other than Northern Ireland (i.e. Cyprus, Ireland, Malta and Northern Ireland) (6) still needed additional time to adapt supply chains and take account of the end of the transition period. Against that background and given that it was considered crucial that the Union’s veterinary medicines acquis was implemented and enforced in a manner that both prevented shortages of veterinary medicines and ensured the high level of public health protection foreseen by Union law, on 25 January 2021 the Commission adopted a Notice explaining how it would apply, until 31 December 2021, the EU’s veterinary medicines acquis in those markets historically dependent on veterinary medicines supply from or through parts of the United Kingdom other than Northern Ireland (7).

At the end of 2021, it was clear that the situation remained challenging in those markets which have historically relied on supply of veterinary medicinal products from or through parts of the United Kingdom other than Northern Ireland (i.e. Cyprus, Ireland, Malta and Northern Ireland). Therefore, on 29 December 2021, the Commission adopted ‘Commission Notice –application of the Union’s pharmaceutical acquis in markets historically dependent on medicines supply from or through parts of the United Kingdom other than Northern Ireland’ (8) that applies until 31 December 2022 with respect to veterinary medicinal products.

The period covered by this Notice with regard to veterinary medicinal products is now coming to an end and supply chains for veterinary medicinal products have not yet been adapted. In current circumstances, there is therefore still a risk of shortages of veterinary medicinal products in those markets which have historically depended on medicines supply from or through parts of the United Kingdom other than Northern Ireland.

2.   Extension of the practices referred to in the ‘Commission Notice – application of the Union’s pharmaceutical acquis in markets historically dependent on medicines supply fromor through parts of the United Kingdom other than Northern Ireland’

In order to ensure continuity of supplies of veterinary medicinal products to Cyprus, Ireland, Malta and Northern Ireland, it is necessary to extend for a last time, as regards these products, the practices set out in the 2021 ‘Commission Notice – application of the Union’s pharmaceutical acquis in markets historically dependent on medicines supply from or through parts of the United Kingdom other than Northern Ireland’ (2021 C524/02). This extension is granted until 31 December 2025.

3.   Action Plan

The extension of the practices referred to in Section 2 can only be justified if measures are put in place to ensure that supplies of veterinary medicinal products to Cyprus, Ireland, Malta and Northern Ireland conform to the Union acquis on veterinary medicinal products and the provisions of the IE/NI Protocol in full no later than 31 December 2025. Such measures concern operators that are currently involved in the supply of veterinary medicinal products to Cyprus, Ireland, Malta and Northern Ireland as well as the national competent authorities of these territories, which should explore alternatives with a view to take the necessary steps to ensure the availability of the concerned veterinary medicinal products fully compliant with the applicable Union acquis on veterinary medicinal products and the provisions of the IE/NI Protocol in full.

To this end, the competent authorities of Cyprus, Ireland, Malta and the United Kingdom in respect of Northern Ireland shall comply with the following obligations:

| a) | Identify the veterinary medicinal products the supply of which would be at risk in their respective territories if the practices referred to in the ‘Commission Notice –application of the Union’s pharmaceutical acquis in markets historically dependent on medicines supply fromor through parts of the United Kingdom other than Northern Ireland’ were not applied.
  The list of the veterinary medicinal products concerned shall be submitted to the Commission in the format provided for in Section 4 at the latest by 28 February 2023. |
| --- | --- |

a)

Identify the veterinary medicinal products the supply of which would be at risk in their respective territories if the practices referred to in the ‘Commission Notice –application of the Union’s pharmaceutical acquis in markets historically dependent on medicines supply fromor through parts of the United Kingdom other than Northern Ireland’ were not applied.

The list of the veterinary medicinal products concerned shall be submitted to the Commission in the format provided for in Section 4 at the latest by 28 February 2023.

| b) | Provide information about the measures that will be taken by the concerned operators and/or the competent authorities, including the timelines for the implementation thereof, to ensure that supplies of the veterinary medicinal products identified under (a) conform to the Union acquis on veterinary medicinal products and the provisions of the IE/NI Protocol.
  This information shall be submitted to the Commission in the format provided for in Section 4 at the latest by 30 September 2023. |
| --- | --- |

b)

Provide information about the measures that will be taken by the concerned operators and/or the competent authorities, including the timelines for the implementation thereof, to ensure that supplies of the veterinary medicinal products identified under (a) conform to the Union acquis on veterinary medicinal products and the provisions of the IE/NI Protocol.

This information shall be submitted to the Commission in the format provided for in Section 4 at the latest by 30 September 2023.

| c) | Submit progress reports to the Commission as regards the implementation of the measures identified under (b) by 31 January 2024 and thereafter every three months.
  The Commission will, on a regular basis, monitor progress together with the competent authorities of Cyprus, Ireland, Malta and the United Kingdom in respect of Northern Ireland and engage with the relevant stakeholders. |
| --- | --- |

c)

Submit progress reports to the Commission as regards the implementation of the measures identified under (b) by 31 January 2024 and thereafter every three months.

The Commission will, on a regular basis, monitor progress together with the competent authorities of Cyprus, Ireland, Malta and the United Kingdom in respect of Northern Ireland and engage with the relevant stakeholders.

4.   Reporting format

| Product name | Active Substance | Marketing authorisation holder | Measures planned |
| --- | --- | --- | --- |
| | | | |
| | | | |

Product name

Active Substance

Marketing authorisation holder

Measures planned

---

(1)  A third country is a country which is not a member of the EU.

(2)  Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ L 29, 31.1.2020, p. 7) (‘Withdrawal Agreement’).

(3)  Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to veterinary medicinal products (OJ L 311, 28.11.2001, p. 1).

(4)  Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).

(5)  https://www.ema.europa.eu/en/documents/regulatory-procedural-guideline/notice-stakeholders-withdrawal-united-kingdom-eu-rules-medicinal-products-human-use-veterinary_en.pdf

(6)  These markets are singled out in this Notice because of their historical dependence on the UK market for their supply of veterinary medicinal products and the fact that a large proportion of their imports of medicinal products is coming from UK.

(7)  Commission Notice – Application of the Union’s pharmaceutical acquis in markets historically dependent on medicines supply from or through Great Britain after the end of the transition period, 2021/C 27/08, OJ C 27, 25.1. 2021, p. 11.

(8)  Commission Notice – Application of the Union’s pharmaceutical acquis in markets historically dependent on medicines supply from or through parts of the United Kingdom other than Northern Ireland 2021/C 524/02, OJ C 524, 29.12.2021, p. 2.

---

| 28.12.2022 | EN | Official Journal of the European Union | C 494/12 |
| --- | --- | --- | --- |

28.12.2022

EN

Official Journal of the European Union

C 494/12

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Euro exchange rates (1)

27 December 2022

(2022/C 494/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0624 |
| JPY | Japanese yen | 141,68 |
| DKK | Danish krone | 7,4366 |
| GBP | Pound sterling | 0,88333 |
| SEK | Swedish krona | 11,1285 |
| CHF | Swiss franc | 0,9885 |
| ISK | Iceland króna | 152,30 |
| NOK | Norwegian krone | 10,4895 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,260 |
| HUF | Hungarian forint | 401,65 |
| PLN | Polish zloty | 4,6683 |
| RON | Romanian leu | 4,9270 |
| TRY | Turkish lira | 19,8799 |
| AUD | Australian dollar | 1,5770 |
| CAD | Canadian dollar | 1,4384 |
| HKD | Hong Kong dollar | 8,2874 |
| NZD | New Zealand dollar | 1,6916 |
| SGD | Singapore dollar | 1,4300 |
| KRW | South Korean won | 1 349,85 |
| ZAR | South African rand | 18,3181 |
| CNY | Chinese yuan renminbi | 7,3994 |
| HRK | Croatian kuna | 7,5375 |
| IDR | Indonesian rupiah | 16 620,58 |
| MYR | Malaysian ringgit | 4,6990 |
| PHP | Philippine peso | 59,356 |
| RUB | Russian rouble | |
| THB | Thai baht | 36,775 |
| BRL | Brazilian real | 5,6035 |
| MXN | Mexican peso | 20,5515 |
| INR | Indian rupee | 88,0808 |

Currency

Exchange rate

USD

US dollar

1,0624

JPY

Japanese yen

141,68

DKK

Danish krone

7,4366

GBP

Pound sterling

0,88333

SEK

Swedish krona

11,1285

CHF

Swiss franc

0,9885

ISK

Iceland króna

152,30

NOK

Norwegian krone

10,4895

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,260

HUF

Hungarian forint

401,65

PLN

Polish zloty

4,6683

RON

Romanian leu

4,9270

TRY

Turkish lira

19,8799

AUD

Australian dollar

1,5770

CAD

Canadian dollar

1,4384

HKD

Hong Kong dollar

8,2874

NZD

New Zealand dollar

1,6916

SGD

Singapore dollar

1,4300

KRW

South Korean won

1 349,85

ZAR

South African rand

18,3181

CNY

Chinese yuan renminbi

7,3994

HRK

Croatian kuna

7,5375

IDR

Indonesian rupiah

16 620,58

MYR

Malaysian ringgit

4,6990

PHP

Philippine peso

59,356

RUB

Russian rouble

THB

Thai baht

36,775

BRL

Brazilian real

5,6035

MXN

Mexican peso

20,5515

INR

Indian rupee

88,0808

---

(1)  Source: reference exchange rate published by the ECB.

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 28.12.2022 | EN | Official Journal of the European Union | C 494/13 |
| --- | --- | --- | --- |

28.12.2022

EN

Official Journal of the European Union

C 494/13

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Prior notification of a concentration

(Case M.10983 – ALTAREA / CARREFOUR / SNC ALTACAR SARTROUVILLE / SNC ALTACAR NANTES)

Candidate case for simplified procedure

(Text with EEA relevance)

(2022/C 494/05)

1.

This notification concerns the following undertakings:

| — | Altarea (France), |
| --- | --- |

—

Altarea (France),

| — | Carrefour SA (‘Carrefour’, France), |
| --- | --- |

—

Carrefour SA (‘Carrefour’, France),

| — | SNC Altacar Sartrouville (France), |
| --- | --- |

—

SNC Altacar Sartrouville (France),

| — | SNC Altacar Nantes (France). |
| --- | --- |

—

SNC Altacar Nantes (France).

Altarea and Carrefour will acquire, within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation, joint control of SNC Altacar Sartrouville and SNC Altacar Nantes, two fully-fledged joint ventures.

The concentration is accomplished by way of purchase of shares in two newly created companies constituting joint ventures.

2.

| — | Altarea is the parent company of a group active in the real estate services sector in France and, to a lesser extent, in Spain and Italy (residential and business property development, owning and managing shopping centres on its own behalf, managing business properties on its own behalf, managing shopping centres on behalf of third parties, real estate management and carrying out real estate transactions), |
| --- | --- |

—

Altarea is the parent company of a group active in the real estate services sector in France and, to a lesser extent, in Spain and Italy (residential and business property development, owning and managing shopping centres on its own behalf, managing business properties on its own behalf, managing shopping centres on behalf of third parties, real estate management and carrying out real estate transactions),

| — | Carrefour is the parent company of a group active in the retail sales sector, mainly of food items, in particular managing hypermarkets, supermarkets, convenience stores, cash and carry shops and online sales services. The Carrefour group is also active, to a minor degree, in the real estate services sector, |
| --- | --- |

—

Carrefour is the parent company of a group active in the retail sales sector, mainly of food items, in particular managing hypermarkets, supermarkets, convenience stores, cash and carry shops and online sales services. The Carrefour group is also active, to a minor degree, in the real estate services sector,

| — | SNC Altacar Sartrouville is a company which is going to own and manage the Robert Schuman shopping centre in Sartrouville (78500), France, |
| --- | --- |

—

SNC Altacar Sartrouville is a company which is going to own and manage the Robert Schuman shopping centre in Sartrouville (78500), France,

| — | SNC Altacar Nantes is a company which is going to own and manage the La Beaujoire shopping centre in Nantes (44300), France. |
| --- | --- |

—

SNC Altacar Nantes is a company which is going to own and manage the La Beaujoire shopping centre in Nantes (44300), France.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2), it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10983 – ALTAREA / CARREFOUR / SNC ALTACAR SARTROUVILLE / SNC ALTACAR NANTES

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

| European Commission |
| --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24 29.1.2004, p. 1 (the ‘Merger Regulation’).

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---

| 28.12.2022 | EN | Official Journal of the European Union | C 494/15 |
| --- | --- | --- | --- |

28.12.2022

EN

Official Journal of the European Union

C 494/15

---

Prior notification of a concentration

(Case M.10982 – STELLANTIS / HON HAI PRECISION INDUSTRY / JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2022/C 494/06)

1.

This notification concerns the following undertakings:

| — | Stellantis N.V. (‘Stellantis’, the Netherlands), |
| --- | --- |

—

Stellantis N.V. (‘Stellantis’, the Netherlands),

| — | Hon Hai Precision Industry Co., Ltd. (‘Hon Hai’, Taiwan). |
| --- | --- |

—

Hon Hai Precision Industry Co., Ltd. (‘Hon Hai’, Taiwan).

Stellantis and Hon Hai will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created joint venture (‘JV’, the Netherlands).

The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.

2.

| — | Stellantis is a global automotive group active in designing, engineering, manufacturing, distributing and selling automotive vehicles, components and production systems worldwide, |
| --- | --- |

—

Stellantis is a global automotive group active in designing, engineering, manufacturing, distributing and selling automotive vehicles, components and production systems worldwide,

| — | Hon Hai provides electronic manufacturing services for computers, communications, and consumer electronic products. |
| --- | --- |

—

Hon Hai provides electronic manufacturing services for computers, communications, and consumer electronic products.

3.

| — | The JV will be a greenfield joint venture set up for the purposes of developing semiconductors for the automotive market and performing all the activities of an autonomous economic entity. |
| --- | --- |

—

The JV will be a greenfield joint venture set up for the purposes of developing semiconductors for the automotive market and performing all the activities of an autonomous economic entity.

4.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

5.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10982 – STELLANTIS / HON HAI PRECISION INDUSTRY / JV

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

| European Commission |
| --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

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OTHER ACTS

European Commission

| 28.12.2022 | EN | Official Journal of the European Union | C 494/17 |
| --- | --- | --- | --- |

28.12.2022

EN

Official Journal of the European Union

C 494/17

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Decision of the Controller of procedural guarantees adopting implementing provisions for the handling of complaints

(2022/C 494/07)

THE CONTROLLER,

Having regard to Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (1), and in particular Articles 9a and 9b thereof,

Having regard to the Charter of Fundamental Rights of the European Union, (2)

Whereas:

| (1) | Regulation (EU, Euratom) 2020/2223 of the European Parliament and of the Council (3), amending Regulation (EU, Euratom) No 883/2013, establishes the internal function of the Controller of procedural guarantees (‘the Controller’) for the purpose of protecting and complying with procedural guarantees and fundamental rights. The Controller shall examine complaints regarding OLAF’s compliance with procedural guarantees as well as on the grounds of an infringement of the rules applicable to investigations by OLAF, in particular infringements of procedural requirements and fundamental rights. |
| --- | --- |

(1)

Regulation (EU, Euratom) 2020/2223 of the European Parliament and of the Council (3), amending Regulation (EU, Euratom) No 883/2013, establishes the internal function of the Controller of procedural guarantees (‘the Controller’) for the purpose of protecting and complying with procedural guarantees and fundamental rights. The Controller shall examine complaints regarding OLAF’s compliance with procedural guarantees as well as on the grounds of an infringement of the rules applicable to investigations by OLAF, in particular infringements of procedural requirements and fundamental rights.

| (2) | Article 9b (11) of Regulation (EU, Euratom) No 883/2013 requires that the Controller adopt implementing provisions for the handling of complaints, after consulting the Supervisory Committee of OLAF (4). |
| --- | --- |

(2)

Article 9b (11) of Regulation (EU, Euratom) No 883/2013 requires that the Controller adopt implementing provisions for the handling of complaints, after consulting the Supervisory Committee of OLAF (4).

| (3) | The Supervisory Committee of OLAF was consulted on 29 September 2022. |
| --- | --- |

(3)

The Supervisory Committee of OLAF was consulted on 29 September 2022.

HAS DECIDED AS FOLLOWS:

Article 1

Definitions

For the purpose of this Decision and without prejudice to the definitions provided for by Regulation (EU, Euratom) No 883/2013 (‘the OLAF Regulation’), the following definitions shall apply:

| (1) | ‘OLAF investigation’ means an administrative investigation conducted by OLAF based on Article(s) 3, 4, 12e (1) (c) and/or 12f of the OLAF Regulation; |
| --- | --- |

(1)

‘OLAF investigation’ means an administrative investigation conducted by OLAF based on Article(s) 3, 4, 12e (1) (c) and/or 12f of the OLAF Regulation;

| (2) | ‘person concerned’ shall mean any person or economic operator subject to an OLAF investigation; |
| --- | --- |

(2)

‘person concerned’ shall mean any person or economic operator subject to an OLAF investigation;

| (3) | ‘witness’ means any natural or legal person who can provide the Controller with information relevant to ascertaining the facts relating to a pending complaint. |
| --- | --- |

(3)

‘witness’ means any natural or legal person who can provide the Controller with information relevant to ascertaining the facts relating to a pending complaint.

Article 2

Subject-matter and principles

1.   This Decision lays down rules to be followed in relation to the lodging, processing and follow up of complaints submitted to the Controller under Article 9b of the OLAF Regulation.

2.   The Controller examines complaints independently, including from OLAF and the Supervisory Committee, without interfering with the conduct of ongoing OLAF investigations.

3.   The Controller is bound by the general principles of EU law, including the principles of fairness and good administration.

4.   The Secretariat of the Supervisory Committee (‘Secretariat’) provides the Controller with all necessary administrative and legal support for the purposes of the complaints mechanism. In particular, the Secretariat carries out the administrative tasks relating to the complaint-handling process, such as registration of complaints and related documents, administrative correspondence and exchange of documents with the parties.

Article 3

Lodging of complaints

1.   Complaints are submitted in writing, either electronically or by post. Complainants are strongly encouraged to use the complaint form available on the Controller’s website. Complainants have the right to be represented and/or assisted by a person of their choice.

2.   The complainant may use any of the official EU languages. The Controller shall communicate with the complainant in that language. When necessary, in order to speed up the procedure, pending the translation of the necessary documents in the language of the complaint, the Controller may agree with the complainant to exchange correspondence in another EU language.

3.   The complaint shall make clear reference to (i) the identity of the complainant, (ii) the object of the complaint, and, if possible, (iii) to the case reference of the OLAF investigation that is the subject of the complaint. In particular, the complaint shall comprise: (i) a clear and concise description of the relevant facts, and (ii) a clear and concise description of the alleged breach(es) of the procedural guarantees and/or the rules applicable to OLAF investigations. The above information shall be sufficient to enable the Controller to determine the scope of the complaint. If necessary, the complainant may attach relevant supporting documents to the complaint.

4.   Complaints lodged with the Controller shall not affect time limits for judicial proceedings. Nor shall they have any suspensive effect on the conduct of the investigation that is the subject of the complaint.

Article 4

Registration of complaints

1.   Complaints are registered, at the latest, the following working day from the date of receipt of the complaint, and are attributed a unique complaint number.

2.   Upon registration, the Controller shall send the complainant an acknowledgement of receipt and forward at the same time the complaint to the Director-General of OLAF.

Article 5

Initial processing

1.   Within 10 working days of the date of receipt, the Controller determines whether the complaint is admissible.

2.   The Controller shall dismiss a complaint as inadmissible if:

| (a) | it is submitted by a person other than a person concerned; |
| --- | --- |

(a)

it is submitted by a person other than a person concerned;

| (b) | it does not concern an OLAF investigation; |
| --- | --- |

(b)

it does not concern an OLAF investigation;

| (c) | it does not concern alleged breach(es) of procedural guarantees and/or infringement(s) of the rules applicable to OLAF investigations; |
| --- | --- |

(c)

it does not concern alleged breach(es) of procedural guarantees and/or infringement(s) of the rules applicable to OLAF investigations;

| (d) | it is submitted outside the time-limits set out in Article 9b (2) of the OLAF Regulation (5). |
| --- | --- |

(d)

it is submitted outside the time-limits set out in Article 9b (2) of the OLAF Regulation (5).

3.   The Controller shall also declare inadmissible any complaint raising issues that fall under the competence of the European Data Protection Supervisor (EDPS), that is complaints relating to the application of Regulation (EU) 2018/1725 (6) and the respect of the fundamental right to the protection of personal data.

4.   The Controller shall also examine, within the same time limit, whether the complaint is manifestly without merits, repetitive or abusive.

5.   If the Controller finds the complaint inadmissible, manifestly without merits, repetitive abusive, the Controller shall close the file and inform without delay both the complainant and the Director-General of OLAF of the reasons for doing so.

Article 6

Legal proceedings

Whenever the Controller becomes aware that the facts, which have been put forward in the complaint, are or have been subject to legal proceedings, the Controller shall close the case and inform the complainant and OLAF accordingly.

Article 7

Adversarial procedure

1.   The Controller shall not complete the assessment of a complaint before having heard the complainant and OLAF. Both parties shall be given the possibility to state their case and submit any supporting documentation. They shall also be informed of each other’s submissions and be given the possibility to comment on them within the time-limit set by the Controller.

2.   In duly-justified circumstances, the Controller may decide not to communicate to a party information or material that is relevant for the assessment of the complaint, if the other party has requested a confidential treatment. When deciding on the matter, the Controller weighs, among others, the need to protect the confidentiality and efficiency of the OLAF investigation against the observance of the adversarial principle. The complainant shall not obtain documents from the OLAF case file to which the complainant is not entitled to access under other legal provisions or to which OLAF has already refused access.

Article 8

Information gathering actions

1.   OLAF shall ensure that the Controller has timely and adequate access to case-related documents necessary for the assessment of the complaint.

2.   The Controller shall invite OLAF to provide its views on the complaint or on specific aspects of it within a specified time limit that is normally no more than 10 working days. OLAF may request an extension of this time limit. The Controller may ask OLAF to provide further information and/or access to (part of) the case-file. The Controller may also ask OLAF to provide a translation of its comments into the language of the complaint.

3.   The Controller shall invite the complainant to comment on OLAF’s submissions within 5 working days. The complainant may request an extension of this time limit. The Controller may also ask the complainant to provide additional information or documents, or to clarify information or documents already provided to the Controller.

4.   Taking into account the contribution they can make to the clarification of the relevant facts, the Controller may ask witnesses to provide information if such course of action does not affect the confidentiality and effectiveness of the ongoing OLAF investigation and the rights of the persons concerned. The Controller transmits to both the complainant and OLAF copy of any witness statements relevant to the complaint.

5.   The Controller may request the information described in paragraphs 2-4 in writing or through oral hearings.

Article 9

Hearings

1.   The Controller may organise and conduct hearings. The purpose of hearings is (i) to obtain information relevant to the complaint and/or (ii) to seek a rapid solution to the complaint. The Controller cannot conduct hearings without the presence of both OLAF and the complainant. However, the Controller hears witnesses in camera without the presence of neither OLAF nor the complainant.

2.   Hearings may take place at the premises of the Controller or virtually through videoconference. They are not public.

3.   The Controller determines the date, duration and modalities of the hearing. The Controller invites the participants in due time and indicates the main points for the hearing. The complainant can be represented and/or assisted by his/her legal representative. The Controller is assisted by the Head of the Secretariat and its staff, who attend the hearing.

4.   The Controller shall produce a record or a summary of the hearing and shall make it available to both the complainant and OLAF. They can both submit their comments within two working days. The record shall be included in the file of the complaint.

Article 10

Finding of no breach of procedural guarantees or of the rules applicable to OLAF investigations

If the Controller, after assessing all the collected information and evidence, finds that the alleged breaches are not proven, the Controller closes the case and informs the complainant and the Director-General of OLAF accordingly.

Article 11

Invitation to resolve the complaint

1.   If the Controller finds that OLAF did not comply with the rules referred to in Article 9b (1) of the OLAF Regulation, he or she shall invite OLAF to take action to resolve the complaint. The Controller may suggest specific actions to be taken.

2.   OLAF shall inform the Controller of any action taken or to be taken in this respect within 15 working days.

3.   The Controller shall provide the complainant with a copy of OLAF’s reply with a request to submit comments within 5 working days.

4.   If the Controller finds the solution provided by OLAF satisfactory, the Controller shall close the case and inform OLAF and the complainant accordingly.

Article 12

Recommendations

1.   If the Controller does not find the solution provided by OLAF satisfactory and considers that the complaint can be resolved, he or she shall issue a recommendation on how to resolve the complaint within the time limits set by Article 9b (5) of the OLAF Regulation.

2.   If the Controller does not issue a recommendation or a closing decision within the time limits set out by Article 9b(5) of the OLAF Regulation, the Controller shall be deemed to have dismissed the complaint without a recommendation.

3.   Before issuing a recommendation, the Controller shall consult the Supervisory Committee for its opinion. To this end, the Controller will prepare a report containing all necessary information for the Supervisory Committee to issue its opinion. The report shall not contain, to the extent possible, personal data or other information that could lead to the identification of the complainant or jeopardise the confidentiality of the OLAF investigations. The Supervisory Committee shall respond within the time limit set out by the Controller, which cannot be less than 5 working days.

4.   The Controller shall recommend to OLAF to take, within a specified timeframe, concrete actions to resolve the complaint, including, but not limited to, amend or repeal its recommendations or reports, repeat investigative activities, or introduce improvements in its procedures in relation to the matters subject to the complaint. The Controller shall inform the complainant of the recommendation issued.

Article 13

Follow up to recommendations and closure

1.   The Director-General of OLAF shall inform the Controller of the action(s) taken to implement the recommendation(s) within the time limit set out therein. In duly justified cases, the Director-General of OLAF may request an extension of the time limit. The Controller shall close the case and inform both OLAF and the complainant accordingly.

2.   If the Director-General of OLAF decides not to follow the recommendation, he or she shall inform the Controller and provide the main reasons for his/her decision. The Director-General shall also inform the complainant to the extent that such communication will not affect the on-going investigation. The complainant may provide comments within 5 working days. After analysing the Director-General’s decision and any comments submitted by the complainant, the Controller shall close the case setting out definitive findings.

3.   The Director-General of OLAF may decide to deviate from the recommendation, if, in the meantime, he or she becomes aware of circumstances relating to:

| (a) | any pending legal proceedings before the Court of Justice of the European Union or national jurisdictions, pertaining to the OLAF investigation which is subject to the complaint; |
| --- | --- |

(a)

any pending legal proceedings before the Court of Justice of the European Union or national jurisdictions, pertaining to the OLAF investigation which is subject to the complaint;

| (b) | the legal framework governing the relations of OLAF with the European Public Prosecutor’s Office (EPPO), and in particular the obligation of OLAF to discontinue any investigation when the EPPO is investigating into the same facts. In such case, the Director-General of OLAF shall inform the Controller of these circumstances and their impact on the recommendation. |
| --- | --- |

(b)

the legal framework governing the relations of OLAF with the European Public Prosecutor’s Office (EPPO), and in particular the obligation of OLAF to discontinue any investigation when the EPPO is investigating into the same facts. In such case, the Director-General of OLAF shall inform the Controller of these circumstances and their impact on the recommendation.

Article 14

Duty to cooperate

In line with the principle of sincere cooperation, OLAF shall cooperate with the Controller in all matters falling within the competence of the Controller.

Article 15

Advisory opinions

The Director-General of OLAF may request the opinion of the Controller on any matter related to the interpretation or the application of procedural guarantees or fundamental rights that falls within the Controller’s mandate, including on a decision to defer informing the person concerned under Article 9(3) of the OLAF Regulation. The Director-General shall indicate in any such request the time limit within which the Controller shall respond.

Article 16

Confidentiality and data protection

1.   The Controller shall be bound by the obligation of professional secrecy in the exercise of his/her functions and shall ensure that the information and documents provided by OLAF are treated confidentially. The Controller shall ensure the confidentiality of investigations even after their closure.

2.   The Controller shall ensure the application of Regulation (EU) 2018/1725. The Controller shall be assisted in this respect by the Secretariat of the Supervisory Committee, represented by the Head of the Secretariat that acts as ‘data controller’ for the purpose of Regulation (EU) 2018/1725. The Controller shall also cooperate with the OLAF Data Protection Officer.

Article 17

Requests for access to the file of the complaint

A complainant has the right to have access to his or her complaint file, while respecting the legitimate interests of confidentiality and of professional secrecy, pursuant to Article 41 of the Charter of Fundamental Rights of the European Union. The complainant shall not have access to OLAF documents, which he or she cannot access under the legal framework applicable to OLAF investigations. The Controller will consult OLAF before giving access to investigation-related documents.

Article 18

Requests for public access to documents

Requests for public access to documents held by the Controller will be dealt in accordance with the conditions and limits provided for in Regulation (EC) No 1049/2001 (7) and Commission Decision 2001/937 of 5 December 2001 amending its rules of procedure (8).

Article 19

Supervisory Committee

1.   Being independent from the Supervisory Committee, the Controller shall establish working relations with it based on mutual trust and good cooperation.

2.   The Controller consults the Supervisory Committee before issuing a recommendation in accordance with Article 12 (3) of these rules.

3.   Without prejudice to the obligation to ensure the confidentiality of OLAF investigations, even after their closure, the Controller shall inform the Committee:

| (i) | of all the recommendations issued following the opinion of the Committee; |
| --- | --- |

(i)

of all the recommendations issued following the opinion of the Committee;

| (ii) | of any systemic issues stemming from the assessment of complaints; |
| --- | --- |

(ii)

of any systemic issues stemming from the assessment of complaints;

| (iii) | of the recommendations not followed by the Director-General of OLAF. |
| --- | --- |

(iii)

of the recommendations not followed by the Director-General of OLAF.

Article 20

Entry into force

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

Done in Brussels, 16 November 2022.

Julia LAFFRANQUE

The Controller of procedural guarantees

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(1)  OJ L 248, 18.9.2013, p. 1.

1

(2)  OJ C 326, 26.10.2012, p. 391.

2

(3)  Regulation (EU, Euratom) 2020/2223 of the European Parliament and of the Council of 23 December 2020 amending Regulation (EU, Euratom) No 883/2013, as regards cooperation with the European Public Prosecutor’s Office and the effectiveness of the European Anti-Fraud Office investigations (OJ L 437, 28.12.2020, p. 49).

3

(4)  Article 15 of the OLAF Regulation.

4

(5)  Article 9b (2) provides: Complaints shall be lodged within one month of the complainant becoming aware of the relevant facts that constitute an alleged infringement of the procedural guarantees or rules referred to in paragraph 1 of this Article. In any event, they shall be lodged no more than one month after the closure of the investigation.Complaints related to the notice period referred to in Article 9(2) and (4) shall, however, be lodged before the expiry of the 10-day notice period referred to in those provisions.

5

Complaints shall be lodged within one month of the complainant becoming aware of the relevant facts that constitute an alleged infringement of the procedural guarantees or rules referred to in paragraph 1 of this Article. In any event, they shall be lodged no more than one month after the closure of the investigation.Complaints related to the notice period referred to in Article 9(2) and (4) shall, however, be lodged before the expiry of the 10-day notice period referred to in those provisions.

(6)  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).

6

(7)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ L 145, 31.5.2001, p. 43.

7

(8)  OJ L 345, 29.12.2001, p. 94.

8

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