# Official Journal L 25/2023

| | ISSN 1977-0677 |
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| Official Journal
  of the European Union | L 25 |
| | |
| English edition | Legislation | Volume 6627 January 2023 |

ISSN 1977-0677

Official Journal

of the European Union

L 25

English edition

Legislation

Volume 6627 January 2023

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) 2023/173 of 26 January 2023 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for 1-methyl-3-(trifluoromethyl)-1H-pyrazole-4-carboxamide (PAM), cycloxydim, cyflumetofen, cyfluthrin, metobromuron and penthiopyrad in or on certain products (
  1
  ) | 1 |
| | * | Commission Implementing Regulation (EU) 2023/174 of 26 January 2023 amending Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council (
  1
  ) | 36 |
| | | DIRECTIVES |
| | * | Commission Directive (EU) 2023/175 of 26 January 2023 amending Directive 2009/32/EC of the European Parliament and of the Council as regards 2-methyloxolane (
  1
  ) | 67 |
| | | DECISIONS |
| | * | Commission Decision (EU) 2023/176 of 14 December 2022 on the consistency of the performance targets contained in the revised draft performance plan submitted by France pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period
  (notified under document C(2022) 9230)

   (
  1
  ) | 70 |
| | * | Commission Decision (EU) 2023/177 of 14 December 2022 on the consistency of the performance targets contained in the revised draft performance plan submitted by Germany pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period
  (notified under document C(2022) 9233)

   (
  1
  ) | 79 |
| | * | Commission Decision (EU) 2023/178 of 14 December 2022 on the consistency of the performance targets contained in the revised draft performance plan submitted by Switzerland pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period
  (notified under document C(2022) 9236)

   (
  1
  ) | 87 |
| | * | Commission Decision (EU) 2023/179 of 14 December 2022 on the consistency of the performance targets contained in the revised draft performance plan submitted by the Netherlands pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period
  (notified under document C(2022) 9238)

   (
  1
  ) | 95 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) 2023/173 of 26 January 2023 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for 1-methyl-3-(trifluoromethyl)-1H-pyrazole-4-carboxamide (PAM), cycloxydim, cyflumetofen, cyfluthrin, metobromuron and penthiopyrad in or on certain products (
  1
  )

1

1

*

Commission Implementing Regulation (EU) 2023/174 of 26 January 2023 amending Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council (
  1
  )

1

36

DIRECTIVES

*

Commission Directive (EU) 2023/175 of 26 January 2023 amending Directive 2009/32/EC of the European Parliament and of the Council as regards 2-methyloxolane (
  1
  )

1

67

DECISIONS

*

Commission Decision (EU) 2023/176 of 14 December 2022 on the consistency of the performance targets contained in the revised draft performance plan submitted by France pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period
  (notified under document C(2022) 9230)

   (
  1
  )

(notified under document C(2022) 9230)

1

70

*

Commission Decision (EU) 2023/177 of 14 December 2022 on the consistency of the performance targets contained in the revised draft performance plan submitted by Germany pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period
  (notified under document C(2022) 9233)

   (
  1
  )

(notified under document C(2022) 9233)

1

79

*

Commission Decision (EU) 2023/178 of 14 December 2022 on the consistency of the performance targets contained in the revised draft performance plan submitted by Switzerland pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period
  (notified under document C(2022) 9236)

   (
  1
  )

(notified under document C(2022) 9236)

1

87

*

Commission Decision (EU) 2023/179 of 14 December 2022 on the consistency of the performance targets contained in the revised draft performance plan submitted by the Netherlands pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period
  (notified under document C(2022) 9238)

   (
  1
  )

(notified under document C(2022) 9238)

1

95

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| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

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

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

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

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II Non-legislative acts

REGULATIONS

| 27.1.2023 | EN | Official Journal of the European Union | L 25/1 |
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27.1.2023

EN

Official Journal of the European Union

L 25/1

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COMMISSION REGULATION (EU) 2023/173

of 26 January 2023

amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for 1-methyl-3-(trifluoromethyl)-1H-pyrazole-4-carboxamide (PAM), cycloxydim, cyflumetofen, cyfluthrin, metobromuron and penthiopyrad in or on certain products

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 14(1), point (a) and Article 49(2) thereof,

Whereas:

| (1) | For cycloxydim, cyflumetofen and penthiopyrad, maximum residue levels (‘MRLs’) are set in Part A of Annex III to Regulation (EC) No 396/2005. For cyfluthrin MRLs are set in Annexes II and III to that Regulation. For 1-methyl-3-(trifluoromethyl)-1H-pyrazole-4-carboxamide (PAM) and metobromuron, no specific MRLs are set in Regulation (EC) No 396/2005, and as these active substances are not included in Annex IV to that Regulation, the default value of 0,01 mg/kg laid down in Article 18(1), point (b), of that Regulation applies. |
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(1)

For cycloxydim, cyflumetofen and penthiopyrad, maximum residue levels (‘MRLs’) are set in Part A of Annex III to Regulation (EC) No 396/2005. For cyfluthrin MRLs are set in Annexes II and III to that Regulation. For 1-methyl-3-(trifluoromethyl)-1H-pyrazole-4-carboxamide (PAM) and metobromuron, no specific MRLs are set in Regulation (EC) No 396/2005, and as these active substances are not included in Annex IV to that Regulation, the default value of 0,01 mg/kg laid down in Article 18(1), point (b), of that Regulation applies.

| (2) | The European Food Safety Authority (‘the Authority’) submitted a reasoned opinion on the existing MRLs for beta-cyfluthrin and cyfluthrin in accordance with Article 12(1) of Regulation (EC) No 396/2005 (2). In its reasoned opinion the Authority confirmed the residue definition as ‘cyfluthrin, including other mixtures of constituent isomers (sum of isomers)’. As beta-cyfluthrin is such an isomer of cyfluthrin, MRLs established for cyfluthrin also cover beta-cyfluthrin. Both substances are no longer approved as active substances used in plant protection products in the EU. Therefore, the Authority assessed the MRLs based on non-EU uses of plant protection products, such as those currently established by the Codex Alimentarius Commission (Codex Maximum Residue Limits (CXLs) and the import tolerances reported by Member States. The Authority also took into account the authorised use of cyfluthrin in veterinary medicinal products for bovine and ovine and the MRLs set in Regulation (EU) No 470/2009 of the European Parliament and of the Council (3) The Authority recommended lowering the MRLs for apples, pears, potatoes, sweet peppers/bell peppers, head cabbages, ‘fruit spices’, ‘root and rhizome spices’, swine (muscle, liver, kidney), bovine (muscle liver, kidney), sheep (muscle, liver, kidney), goat (muscle, liver, kidney) equine (muscle, liver, kidney), poultry (muscle, fat, liver), horse milk and birds’ eggs. The Authority recommended raising the MRLs for grapefruit, oranges, lemons, limes, mandarins, tomatoes, aubergines/eggplants, rapeseeds/canola seeds, cotton seeds. Further, the Authority recommended keeping the existing MRLs for soyabean, fat (swine, bovine, sheep, goat, equine), milk (cattle, sheep and goat) for which sufficient supporting data on good agricultural practices were submitted and assessed by the Authority. As there is no risk for consumers, it is appropriate to set the MRLs for all products above in Annex II to Regulation (EC) No 396/2005 at the existing level or at the level identified by the Authority. |
| --- | --- |

(2)

The European Food Safety Authority (‘the Authority’) submitted a reasoned opinion on the existing MRLs for beta-cyfluthrin and cyfluthrin in accordance with Article 12(1) of Regulation (EC) No 396/2005 (2). In its reasoned opinion the Authority confirmed the residue definition as ‘cyfluthrin, including other mixtures of constituent isomers (sum of isomers)’. As beta-cyfluthrin is such an isomer of cyfluthrin, MRLs established for cyfluthrin also cover beta-cyfluthrin. Both substances are no longer approved as active substances used in plant protection products in the EU. Therefore, the Authority assessed the MRLs based on non-EU uses of plant protection products, such as those currently established by the Codex Alimentarius Commission (Codex Maximum Residue Limits (CXLs) and the import tolerances reported by Member States. The Authority also took into account the authorised use of cyfluthrin in veterinary medicinal products for bovine and ovine and the MRLs set in Regulation (EU) No 470/2009 of the European Parliament and of the Council (3) The Authority recommended lowering the MRLs for apples, pears, potatoes, sweet peppers/bell peppers, head cabbages, ‘fruit spices’, ‘root and rhizome spices’, swine (muscle, liver, kidney), bovine (muscle liver, kidney), sheep (muscle, liver, kidney), goat (muscle, liver, kidney) equine (muscle, liver, kidney), poultry (muscle, fat, liver), horse milk and birds’ eggs. The Authority recommended raising the MRLs for grapefruit, oranges, lemons, limes, mandarins, tomatoes, aubergines/eggplants, rapeseeds/canola seeds, cotton seeds. Further, the Authority recommended keeping the existing MRLs for soyabean, fat (swine, bovine, sheep, goat, equine), milk (cattle, sheep and goat) for which sufficient supporting data on good agricultural practices were submitted and assessed by the Authority. As there is no risk for consumers, it is appropriate to set the MRLs for all products above in Annex II to Regulation (EC) No 396/2005 at the existing level or at the level identified by the Authority.

| (3) | For the use of beta-cyfluthrin and cyfluthrin on cauliflower, the Authority identified a possible acute risk for consumers if the CXL for cauliflower was set. Therefore the MRL will be lowered to the default value of 0,01 mg/kg. |
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(3)

For the use of beta-cyfluthrin and cyfluthrin on cauliflower, the Authority identified a possible acute risk for consumers if the CXL for cauliflower was set. Therefore the MRL will be lowered to the default value of 0,01 mg/kg.

| (4) | The Authority further concluded that concerning the MRLs for barley and wheat some information was not available and that further consideration by risk managers was required. While these MRLs are considered safe, they will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. As there is no risk for consumers, it is appropriate to set the MRLs for cyfluthrin, for barley and wheat in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority. |
| --- | --- |

(4)

The Authority further concluded that concerning the MRLs for barley and wheat some information was not available and that further consideration by risk managers was required. While these MRLs are considered safe, they will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. As there is no risk for consumers, it is appropriate to set the MRLs for cyfluthrin, for barley and wheat in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority.

| (5) | For cycloxydim, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (4). The Authority recommended lowering the MRLs for apples, pears, apricots, peaches, table and wine grapes, celeriacs/turnip rooted celeries, peas (fresh, with pods), Florence fennels, globe artichokes, rapeseeds/canola seeds, sugar beet roots and poultry (muscle, fat, liver). It recommended raising MRLs for strawberries, potatoes, sweet potatoes, beetroots, horseradishes, parsnips, parsley roots/Hamburg roots parsley, radishes, salsifies, swedes/rutabagas, turnips, garlic, shallots, broccoli, cauliflowers, Brussels sprouts, head cabbage, kohlrabies, Roman rocket/rucola, red mustards, Baby leaf crops (including brassica species), purslanes, chards/beet leaves, ‘herbs and edible flowers’, beans (without pods), lentils, lupins/lupini beans, poppy seeds, sunflower seeds, mustard seeds, cotton seeds, borage seeds, bovine (muscle, fat, kidney), sheep (muscle, fat, kidney), goat (muscle, fat, kidney), equine (muscle, fat, kidney), milk (cattle, sheep, goat, horse) and bird’s eggs. With regard to strawberries, the Authority recommended raising the MRL in line with its earlier reasoned opinion on MRLs for this active substance (5). As this has been already addressed by Commission Regulation (EU) 2021/976 (6), the existing MRL set by this Regulation for strawberries is maintained. It recommended keeping those existing MRLs for other products for which sufficient supporting data on good agricultural practices were submitted and assessed by the Authority. As there is no risk for consumers, it is appropriate to set the MRLs for all products above in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. |
| --- | --- |

(5)

For cycloxydim, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (4). The Authority recommended lowering the MRLs for apples, pears, apricots, peaches, table and wine grapes, celeriacs/turnip rooted celeries, peas (fresh, with pods), Florence fennels, globe artichokes, rapeseeds/canola seeds, sugar beet roots and poultry (muscle, fat, liver). It recommended raising MRLs for strawberries, potatoes, sweet potatoes, beetroots, horseradishes, parsnips, parsley roots/Hamburg roots parsley, radishes, salsifies, swedes/rutabagas, turnips, garlic, shallots, broccoli, cauliflowers, Brussels sprouts, head cabbage, kohlrabies, Roman rocket/rucola, red mustards, Baby leaf crops (including brassica species), purslanes, chards/beet leaves, ‘herbs and edible flowers’, beans (without pods), lentils, lupins/lupini beans, poppy seeds, sunflower seeds, mustard seeds, cotton seeds, borage seeds, bovine (muscle, fat, kidney), sheep (muscle, fat, kidney), goat (muscle, fat, kidney), equine (muscle, fat, kidney), milk (cattle, sheep, goat, horse) and bird’s eggs. With regard to strawberries, the Authority recommended raising the MRL in line with its earlier reasoned opinion on MRLs for this active substance (5). As this has been already addressed by Commission Regulation (EU) 2021/976 (6), the existing MRL set by this Regulation for strawberries is maintained. It recommended keeping those existing MRLs for other products for which sufficient supporting data on good agricultural practices were submitted and assessed by the Authority. As there is no risk for consumers, it is appropriate to set the MRLs for all products above in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority.

| (6) | The Authority further concluded that concerning the MRLs for spring onions/green onions and Welsh onions, lamb’s lettuces/corn salads, escaroles/broad-leaved endives, cresses and other sprouts and shoots, land cresses, maize/corn and herbal infusions from roots, some information was not available and that further consideration by risk managers was required. While these MRLs are considered safe, they will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. As there is no risk for consumers, it is appropriate to set the MRLs for cycloxydim, for all products above in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority. |
| --- | --- |

(6)

The Authority further concluded that concerning the MRLs for spring onions/green onions and Welsh onions, lamb’s lettuces/corn salads, escaroles/broad-leaved endives, cresses and other sprouts and shoots, land cresses, maize/corn and herbal infusions from roots, some information was not available and that further consideration by risk managers was required. While these MRLs are considered safe, they will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. As there is no risk for consumers, it is appropriate to set the MRLs for cycloxydim, for all products above in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority.

| (7) | For cyflumetofen, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (7). It recommended keeping the existing MRLs for ‘citrus fruits’, ‘tree nuts’, ‘pome fruits’, apricots, peaches, table and wine grapes, strawberries, azaroles/Mediterranean medlars, kaki/Japanese persimmons, tomatoes, aubergines/eggplants, cucumbers and hops for which sufficient supporting data on good agricultural practices were submitted and assessed by the Authority. As there is no risk for consumers, it is appropriate to set the MRLs for those products in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority. |
| --- | --- |

(7)

For cyflumetofen, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (7). It recommended keeping the existing MRLs for ‘citrus fruits’, ‘tree nuts’, ‘pome fruits’, apricots, peaches, table and wine grapes, strawberries, azaroles/Mediterranean medlars, kaki/Japanese persimmons, tomatoes, aubergines/eggplants, cucumbers and hops for which sufficient supporting data on good agricultural practices were submitted and assessed by the Authority. As there is no risk for consumers, it is appropriate to set the MRLs for those products in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority.

| (8) | The Authority further concluded that concerning the MRLs for swine (muscle, fat, liver, kidney), bovine (muscle, fat, liver, kidney), sheep (muscle, fat, liver, kidney), goat (muscle, fat, liver, kidney), equine (muscle, fat, liver, kidney), and milk (cattle, sheep, goat, horse) some information was not available and that further consideration by risk managers was required. While these MRLs are considered safe, they will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. As there is no risk for consumers, it is appropriate to set the MRLs for cyflumetofen for all products above in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority. |
| --- | --- |

(8)

The Authority further concluded that concerning the MRLs for swine (muscle, fat, liver, kidney), bovine (muscle, fat, liver, kidney), sheep (muscle, fat, liver, kidney), goat (muscle, fat, liver, kidney), equine (muscle, fat, liver, kidney), and milk (cattle, sheep, goat, horse) some information was not available and that further consideration by risk managers was required. While these MRLs are considered safe, they will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. As there is no risk for consumers, it is appropriate to set the MRLs for cyflumetofen for all products above in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority.

| (9) | For metobromuron, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (8). It proposed to change the residue definition to the sum of metobromuron and 4-bromophenylurea, expressed as metobromuron. |
| --- | --- |

(9)

For metobromuron, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (8). It proposed to change the residue definition to the sum of metobromuron and 4-bromophenylurea, expressed as metobromuron.

| (10) | The Authority concluded that concerning the MRLs for strawberries, potatoes, carrots, parsnips, lamb’s lettuces/corn salads, spinaches, watercresses, celery leaves, parsley, sage, thyme, basil and edible flowers, beans (with pods), beans (without pods), asparagus, Florence fennels, beans, peas, sunflower seeds, soyabeans, swine (muscle, fat, liver, kidney), bovine (muscle, fat, liver kidney), sheep (muscle, fat, liver, kidney), goat (muscle, fat, liver, kidney), equine (muscle, fat, liver, kidney), and milk (cattle, sheep, goat, horse) some information was not available and that further consideration by risk managers was required. While these MRLs are considered safe for consumers, they will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. As there is no risk for consumers, it is appropriate to set the MRLs for metobromuron, for all products above in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority. |
| --- | --- |

(10)

The Authority concluded that concerning the MRLs for strawberries, potatoes, carrots, parsnips, lamb’s lettuces/corn salads, spinaches, watercresses, celery leaves, parsley, sage, thyme, basil and edible flowers, beans (with pods), beans (without pods), asparagus, Florence fennels, beans, peas, sunflower seeds, soyabeans, swine (muscle, fat, liver, kidney), bovine (muscle, fat, liver kidney), sheep (muscle, fat, liver, kidney), goat (muscle, fat, liver, kidney), equine (muscle, fat, liver, kidney), and milk (cattle, sheep, goat, horse) some information was not available and that further consideration by risk managers was required. While these MRLs are considered safe for consumers, they will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. As there is no risk for consumers, it is appropriate to set the MRLs for metobromuron, for all products above in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority.

| (11) | For penthiopyrad, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (9). For products of animal origin, it proposed two separate residue definitions, ‘penthiopyrad’ and ‘1-methyl-3-(trifluoromethyl)-1H-pyrazole-4-carboxamide’, in order to cover the presence of the metabolite PAM from the use of penthiopyrad in products of animal origin. The Authority recommended lowering the MRLs for apricots, peaches and oats. It recommended raising MRLs for rye and wheat. It recommended keeping the existing MRLs for other products for which sufficient supporting data on good agricultural practices were submitted and assessed by the Authority. As there is no risk for consumers, it is appropriate to set the MRLs for those products in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. |
| --- | --- |

(11)

For penthiopyrad, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(1) of Regulation (EC) No 396/2005 (9). For products of animal origin, it proposed two separate residue definitions, ‘penthiopyrad’ and ‘1-methyl-3-(trifluoromethyl)-1H-pyrazole-4-carboxamide’, in order to cover the presence of the metabolite PAM from the use of penthiopyrad in products of animal origin. The Authority recommended lowering the MRLs for apricots, peaches and oats. It recommended raising MRLs for rye and wheat. It recommended keeping the existing MRLs for other products for which sufficient supporting data on good agricultural practices were submitted and assessed by the Authority. As there is no risk for consumers, it is appropriate to set the MRLs for those products in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority.

| (12) | The Authority further concluded that concerning the MRLs for spring onions/green onions and Welsh onions, lamb’s lettuces/corn salads, lettuces, cresses and other sprouts and shoots, land cresses, Roman rocket/rucola, red mustards, baby leaf crops (including brassica species), spinaches, purslanes, chards/beet leaves, chervil, chives, cardoons, celeries, Florence fennels, leeks, rhubarbs, cotton seeds, barley and sorghum some information was not available and that further consideration by risk managers was required. While these MRLs are considered safe, they will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. As there is no risk for consumers, it is appropriate to set the MRLs for penthiopyrad, for all products above in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority. |
| --- | --- |

(12)

The Authority further concluded that concerning the MRLs for spring onions/green onions and Welsh onions, lamb’s lettuces/corn salads, lettuces, cresses and other sprouts and shoots, land cresses, Roman rocket/rucola, red mustards, baby leaf crops (including brassica species), spinaches, purslanes, chards/beet leaves, chervil, chives, cardoons, celeries, Florence fennels, leeks, rhubarbs, cotton seeds, barley and sorghum some information was not available and that further consideration by risk managers was required. While these MRLs are considered safe, they will be reviewed; the review will take into account the information available within two years from the publication of this Regulation. As there is no risk for consumers, it is appropriate to set the MRLs for penthiopyrad, for all products above in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority.

| (13) | As regards PAM, which is a main metabolite of penthiopyrad, the Authority recommended, based on the metabolism studies of penthiopyrad in livestock, setting MRLs at the limit of determination (‘LOD’) in products of animal origin. With regard to products of plant origin, the Authority did not propose any MRLs because this metabolite is not relevant for products of plant origin. Furthermore, in products of plant origin PAM may occur naturally and setting an MRL at the default value of 0,01 mg/kg is not appropriate. It is therefore appropriate to clarify in Annex II that the default value of 0,01 mg/kg for PAM does not apply to products of plant origin. As there is no risk for consumers, it is appropriate to set the MRLs in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority. The Authority assessed the existing CXLs in its reasoned opinions. For setting the MRLs, the Commission has taken into account those CXLs that are considered safe for consumers in the Union. |
| --- | --- |

(13)

As regards PAM, which is a main metabolite of penthiopyrad, the Authority recommended, based on the metabolism studies of penthiopyrad in livestock, setting MRLs at the limit of determination (‘LOD’) in products of animal origin. With regard to products of plant origin, the Authority did not propose any MRLs because this metabolite is not relevant for products of plant origin. Furthermore, in products of plant origin PAM may occur naturally and setting an MRL at the default value of 0,01 mg/kg is not appropriate. It is therefore appropriate to clarify in Annex II that the default value of 0,01 mg/kg for PAM does not apply to products of plant origin. As there is no risk for consumers, it is appropriate to set the MRLs in Annex II to Regulation (EC) No 396/2005 at the level identified by the Authority. The Authority assessed the existing CXLs in its reasoned opinions. For setting the MRLs, the Commission has taken into account those CXLs that are considered safe for consumers in the Union.

| (14) | As regards products on which the use of the plant protection product concerned is not authorised in the Union, and for which no import tolerances or CXLs exist, MRLs should be set at the LOD or for the default value of 0,01 mg/kg to apply, as provided for in Article 18(1), point (b), of Regulation (EC) No 396/2005. |
| --- | --- |

(14)

As regards products on which the use of the plant protection product concerned is not authorised in the Union, and for which no import tolerances or CXLs exist, MRLs should be set at the LOD or for the default value of 0,01 mg/kg to apply, as provided for in Article 18(1), point (b), of Regulation (EC) No 396/2005.

| (15) | The Commission consulted the European Union reference laboratories for residues of pesticides as regards the need to adapt certain LOD. For all the active substances covered by this Regulation those laboratories proposed product specific LODs that are analytically achievable. |
| --- | --- |

(15)

The Commission consulted the European Union reference laboratories for residues of pesticides as regards the need to adapt certain LOD. For all the active substances covered by this Regulation those laboratories proposed product specific LODs that are analytically achievable.

| (16) | Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account. Regulation (EC) No 396/2005 should therefore be amended accordingly. |
| --- | --- |

(16)

Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account. Regulation (EC) No 396/2005 should therefore be amended accordingly.

| (17) | For PAM, cycloxydim, cyflumetofen, cyfluthrin, metobromuron and penthiopyrad, to allow for the normal marketing, processing and consumption of products, this Regulation should not apply to products which have been produced in the Union or imported into the Union before the modified MRLs become applicable and for which information shows that a high level of consumer protection is maintained. |
| --- | --- |

(17)

For PAM, cycloxydim, cyflumetofen, cyfluthrin, metobromuron and penthiopyrad, to allow for the normal marketing, processing and consumption of products, this Regulation should not apply to products which have been produced in the Union or imported into the Union before the modified MRLs become applicable and for which information shows that a high level of consumer protection is maintained.

| (18) | A reasonable period should be allowed to elapse before the modified MRLs become applicable, in order to permit Member States, third countries and food business operators to adapt themselves to meet the requirements which result from the modification of the MRLs. |
| --- | --- |

(18)

A reasonable period should be allowed to elapse before the modified MRLs become applicable, in order to permit Member States, third countries and food business operators to adapt themselves to meet the requirements which result from the modification of the MRLs.

| (19) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(19)

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

HAS ADOPTED THIS REGULATION:

Article 1

Annexes II and III to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.

Article 2

As regards PAM, cycloxydim, cyflumetofen, cyfluthrin, metobromuron and penthiopyrad in and on all products, Regulation (EC) No 396/2005 as it stood before being amended by this Regulation shall continue to apply to products which were produced in the Union or imported into the Union before 16 August 2023.

Article 3

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

It shall apply from 16 August 2023.

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

Done at Brussels, 26 January 2023.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 070, 16.3.2005, p. 1.

1

(2)  European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for beta-cyfluthrin and cyfluthrin according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2021;19(9):6837.

2

(3)  Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council. OJ L 152, 16.6.2009, p. 11.

3

(4)  European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for cycloxydim according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2020; 18(1):5962.

4

(5)  Reasoned Opinion on the modification of the existing maximum residue level for cycloxydim in strawberries. EFSA Journal 2018;16(8):5404.

5

(6)  Commission Regulation (EU) 2021/976 of 4 June 2021 amending Annexes II, III and IV to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for cycloxydim, mepiquat, Metschnikowia fructicola strain NRRL Y-27328 and prohexadione in or on certain products. OJ L 216, 18.6.2021, p. 1.

6

(7)  European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for cyflumetofen according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2021;19(8):6812.

7

(8)  European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for metobromuron according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2021;19(9):6841.

8

(9)  European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for penthiopyrad according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2021; 19(9):6810.

9

---

ANNEX

Regulation (EC) No 396/2005 is amended as follows:

| (1) | in Annex II, the following columns for 1-methyl-3-(trifluoromethyl)-1H-pyrazole-4-carboxamide (PAM), cycloxydim, cyflumetofen, metobromuron and penthiopyrad are added:
  "Pesticide residues and maximum residue levels (mg/kg)












  Code number | Groups and examples of individual products to which the
  MRLs apply (1) | 1-methyl-3-(trifluoromethyl)-1H-pyrazole-4-carboxamide (PAM) | Cycloxydim including degradation and reaction products which can be determined as 3-(3-thianyl)glutaric acid S-dioxide (BH 517-TGSO2) and/or 3-hydroxy-3-(3-thianyl)glutaric acid S-dioxide (BH 517-5-OH-TGSO2) or derivatives thereof, calculated in total as cycloxydim | Cyflumetofen (sum of isomers) | Penthiopyrad (F) | Sum of metobromuron and 4-bromophenylurea, expressed as metobromuron |
| --- | --- | --- | --- | --- | --- | --- | --- |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| 0100000 | FRUITS, FRESH or FROZEN; TREE NUTS | | | | | 0,02
   ((*)) |
| 0110000 | Citrus fruits | | 0,09
   ((*)) | 0,5 | 0,01  ((*)) | |
| 0110010 | Grapefruits | | | | | |
| 0110020 | Oranges | | | | | |
| 0110030 | Lemons | | | | | |
| 0110040 | Limes | | | | | |
| 0110050 | Mandarins | | | | | |
| 0110990 | Others (2) | | | | | |
| 0120000 | Tree nuts | | 0,09
   ((*)) | 0,01  ((*)) | 0,05 | |
| 0120010 | Almonds | | | | | |
| 0120020 | Brazil nuts | | | | | |
| 0120030 | Cashew nuts | | | | | |
| 0120040 | Chestnuts | | | | | |
| 0120050 | Coconuts | | | | | |
| 0120060 | Hazelnuts/cobnuts | | | | | |
| 0120070 | Macadamias | | | | | |
| 0120080 | Pecans | | | | | |
| 0120090 | Pine nut kernels | | | | | |
| 0120100 | Pistachios | | | | | |
| 0120110 | Walnuts | | | | | |
| 0120990 | Others (2) | | | | | |
| 0130000 | Pome fruits | | 0,09
   ((*)) | 0,4 | 0,5 | |
| 0130010 | Apples | | | | | |
| 0130020 | Pears | | | | | |
| 0130030 | Quinces | | | | | |
| 0130040 | Medlars | | | | | |
| 0130050 | Loquats/Japanese medlars | | | | | |
| 0130990 | Others (2) | | | | | |
| 0140000 | Stone fruits | | 0,09
   ((*)) | | | |
| 0140010 | Apricots | | | 0,3 | 3 | |
| 0140020 | Cherries (sweet) | | | 0,01
   ((*)) | 4 | |
| 0140030 | Peaches | | | 0,3 | 3 | |
| 0140040 | Plums | | | 0,01
   ((*)) | 1,5 | |
| 0140990 | Others (2) | | | 0,01
   ((*)) | 0,01  ((*)) | |
| 0150000 | Berries and small fruits | | | | | |
| 0151000 | (a) | grapes |

(1)

in Annex II, the following columns for 1-methyl-3-(trifluoromethyl)-1H-pyrazole-4-carboxamide (PAM), cycloxydim, cyflumetofen, metobromuron and penthiopyrad are added:

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

Code number

Groups and examples of individual products to which the

MRLs apply (1)

1-methyl-3-(trifluoromethyl)-1H-pyrazole-4-carboxamide (PAM)

Cycloxydim including degradation and reaction products which can be determined as 3-(3-thianyl)glutaric acid S-dioxide (BH 517-TGSO2) and/or 3-hydroxy-3-(3-thianyl)glutaric acid S-dioxide (BH 517-5-OH-TGSO2) or derivatives thereof, calculated in total as cycloxydim

Cyflumetofen (sum of isomers)

Penthiopyrad (F)

Sum of metobromuron and 4-bromophenylurea, expressed as metobromuron

(1)

(2)

(3)

(4)

(5)

(6)

(7)

0100000

FRUITS, FRESH or FROZEN; TREE NUTS

0,02
   ((*))

0110000

Citrus fruits

0,09
   ((*))

0,5

0,01  ((*))

0110010

Grapefruits

0110020

Oranges

0110030

Lemons

0110040

Limes

0110050

Mandarins

0110990

Others (2)

0120000

Tree nuts

0,09
   ((*))

0,01  ((*))

0,05

0120010

Almonds

0120020

Brazil nuts

0120030

Cashew nuts

0120040

Chestnuts

0120050

Coconuts

0120060

Hazelnuts/cobnuts

0120070

Macadamias

0120080

Pecans

0120090

Pine nut kernels

0120100

Pistachios

0120110

Walnuts

0120990

Others (2)

0130000

Pome fruits

0,09
   ((*))

0,4

0,5

0130010

Apples

0130020

Pears

0130030

Quinces

0130040

Medlars

0130050

Loquats/Japanese medlars

0130990

Others (2)

0140000

Stone fruits

0,09
   ((*))

0140010

Apricots

0,3

3

0140020

Cherries (sweet)

0,01
   ((*))

4

0140030

Peaches

0,3

3

0140040

Plums

0,01
   ((*))

1,5

0140990

Others (2)

0,01
   ((*))

0,01  ((*))

0150000

Berries and small fruits

0151000

(a)

grapes

0,3

0,6

0,01  ((*))

0151010

Table grapes

0151020

Wine grapes

0152000

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

(b)

strawberries

4

0,6

3

(+)

0153000

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

(c)

cane fruits

0,09
   ((*))

0,01
   ((*))

0,01  ((*))

0153010

Blackberries

0153020

Dewberries

0153030

Raspberries (red and yellow)

0153990

Others (2)

0154000

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

(d)

other small fruits and berries

0,09
   ((*))

0154010

Blueberries

0,01
   ((*))

0,01  ((*))

0154020

Cranberries

0,01
   ((*))

0,01  ((*))

0154030

Currants (black, red and white)

0,01
   ((*))

0,01  ((*))

0154040

Gooseberries (green, red and yellow)

0,01
   ((*))

0,01  ((*))

0154050

Rose hips

0,01
   ((*))

0,01  ((*))

0154060

Mulberries (black and white)

0,01
   ((*))

0,01  ((*))

0154070

Azaroles/Mediterranean medlars

0,4

0,4

0154080

Elderberries

0,01
   ((*))

0,01  ((*))

0154990

Others (2)

0,01
   ((*))

0,01  ((*))

0160000

Miscellaneous fruitswith

0,09
   ((*))

0161000

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

(a)

edible peel

0161010

Dates

0,01
   ((*))

0,01  ((*))

0161020

Figs

0,01
   ((*))

0,01  ((*))

0161030

Table olives

0,01
   ((*))

0,01  ((*))

0161040

Kumquats

0,01
   ((*))

0,01  ((*))

0161050

Carambolas

0,01
   ((*))

0,01  ((*))

0161060

Kaki/Japanese persimmons

0,4

0,4

0161070

Jambuls/jambolans

0,01
   ((*))

0,01  ((*))

0161990

Others (2)

0,01
   ((*))

0,01  ((*))

0162000

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

(b)

inedible peel, small

0,01
   ((*))

0,01  ((*))

0162010

Kiwi fruits (green, red, yellow)

0162020

Litchis/lychees

0162030

Passionfruits/maracujas

0162040

Prickly pears/cactus fruits

0162050

Star apples/cainitos

0162060

American persimmons/Virginia kaki

0162990

Others (2)

0163000

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

(c)

inedible peel, large

0,01
   ((*))

0,01  ((*))

0163010

Avocados

0163020

Bananas

0163030

Mangoes

0163040

Papayas

0163050

Granate apples/pomegranates

0163060

Cherimoyas

0163070

Guavas

0163080

Pineapples

0163090

Breadfruits

0163100

Durians

0163110

Soursops/guanabanas

0163990

Others (2)

0200000

VEGETABLES, FRESH or FROZEN

0210000

Root and tuber vegetables

0,01
   ((*))

0211000

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

(a)

potatoes

4

0,05

0,03 (+)

0212000

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

(b)

tropical root and tuber vegetables

0,02
   ((*))

0212010

Cassava roots/manioc

0,09
   ((*))

0,01
   ((*))

0212020

Sweet potatoes

0,6

0,04

0212030

Yams

0,09
   ((*))

0,01
   ((*))

0212040

Arrowroots

0,09
   ((*))

0,01
   ((*))

0212990

Others (2)

0,09
   ((*))

0,01
   ((*))

0213000

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

(c)

other root and tuber vegetables except sugar beets

0,02
   ((*))

0213010

Beetroots

3

0,6

0213020

Carrots

5

0,6

(+)

0213030

Celeriacs/turnip rooted celeries

3

0,01
   ((*))

0213040

Horseradishes

3

0,6

0213050

Jerusalem artichokes

0,9

0,6

0213060

Parsnips

3

0,6

(+)

0213070

Parsley roots/Hamburg roots parsley

1

0,6

0213080

Radishes

3

3

0213090

Salsifies

3

0,01
   ((*))

0213100

Swedes/rutabagas

1

0,6

0213110

Turnips

3

0,6

0213990

Others (2)

0,9

0,01
   ((*))

0220000

Bulb vegetables

0,01
   ((*))

0,02
   ((*))

0220010

Garlic

1,5

0,8

0220020

Onions

3

0,8

0220030

Shallots

1,5

0,8

0220040

Spring onions/green onions and Welsh onions

0,3 (+)

4 (+)

0220990

Others (2)

0,3

0,8

0230000

Fruiting vegetables

0,02
   ((*))

0231000

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

(a)

Solanaceae and Malvaceae

2

0231010

Tomatoes

1,5

0,4

0231020

Sweet peppers/bell peppers

9

0,01
   ((*))

0231030

Aubergines/eggplants

1,5

0,4

0231040

Okra/lady's fingers

0,09
   ((*))

0,01
   ((*))

0231990

Others (2)

0,09
   ((*))

0,01
   ((*))

0232000

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

(b)

cucurbits with edible peel

0,09
   ((*))

0,7

0232010

Cucumbers

0,4

0232020

Gherkins

0,01
   ((*))

0232030

Courgettes

0,01
   ((*))

0232990

Others (2)

0,01
   ((*))

0233000

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

(c)

cucurbits with inedible peel

0,09
   ((*))

0,01
   ((*))

0,6

0233010

Melons

0233020

Pumpkins

0233030

Watermelons

0233990

Others (2)

0234000

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

(d)

sweet corn

0,09
   ((*))

0,01
   ((*))

0,02

0239000

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

(e)

other fruiting vegetables

0,09
   ((*))

0,01
   ((*))

0,01  ((*))

0240000

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

0,01
   ((*))

0,02
   ((*))

0241000

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

(a)

flowering brassica

9

4

0241010

Broccoli

0241020

Cauliflowers

0241990

Others (2)

0242000

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

(b)

head brassica

9

0242010

Brussels sprouts

0,01  ((*))

0242020

Head cabbages

4

0242990

Others (2)

0,01  ((*))

0243000

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

(c)

leafy brassica

3

0,01  ((*))

0243010

Chinese cabbages/pe-tsai

0243020

Kales

0243990

Others (2)

0244000

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

(d)

kohlrabies

9

0,01  ((*))

0250000

Leaf vegetables, herbs and edible flowers

0251000

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

(a)

lettuces and salad plants

0,01
   ((*))

0251010

Lamb's lettuces/corn salads

2 (+)

20 (+)

0,4 (+)

0251020

Lettuces

1,5

20 (+)

0,02
   ((*))

0251030

Escaroles/broad-leaved endives

1 (+)

0,01  ((*))

0,02
   ((*))

0251040

Cresses and other sprouts and shoots

1 (+)

20 (+)

0,02
   ((*))

0251050

Land cresses

1 (+)

20 (+)

0,02
   ((*))

0251060

Roman rocket/rucola

3

20 (+)

0,02
   ((*))

0251070

Red mustards

3

20 (+)

0,02
   ((*))

0251080

Baby leaf crops (including brassica species)

3

50 (+)

0,02
   ((*))

0251990

Others (2)

1

0,01
   ((*))

0,02
   ((*))

0252000

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

(b)

spinaches and similar leaves

2

0,01
   ((*))

30

0,02
   ((*))

0252010

Spinaches

(+)

(+)

0252020

Purslanes

(+)

0252030

Chards/beet leaves

(+)

0252990

Others (2)

0253000

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

(c)

grape leaves and similar species

0,09
   ((*))

0,01
   ((*))

0,01  ((*))

0,02
   ((*))

0254000

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

(d)

watercresses

0,09
   ((*))

0,01
   ((*))

0,01  ((*))

0,02
   ((*))
  (+)

0255000

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

(e)

witloofs/Belgian endives

0,09
   ((*))

0,01
   ((*))

0,01  ((*))

0,02
   ((*))

0256000

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

(f)

herbs and edible flowers

0,02
   ((*))

0,04
   ((*))

0256010

Chervil

2

20 (+)

0256020

Chives

0,8

20 (+)

0256030

Celery leaves

2

0,02
   ((*))

(+)

0256040

Parsley

2

0,02
   ((*))

(+)

0256050

Sage

2

0,02
   ((*))

(+)

0256060

Rosemary

2

0,02
   ((*))

0256070

Thyme

2

0,02
   ((*))

(+)

0256080

Basil and edible flowers

2

0,02
   ((*))

(+)

0256090

Laurel/bay leaves

2

0,02
   ((*))

0256100

Tarragon

2

0,02
   ((*))

0256990

Others (2)

0,8

0,02
   ((*))

0260000

Legume vegetables

0,01
   ((*))

0,02
   ((*))

0260010

Beans (with pods)

15

3

(+)

0260020

Beans (without pods)

15

0,4

(+)

0260030

Peas (with pods)

2

4

0260040

Peas (without pods)

15

0,3

0260050

Lentils

15

0,01  ((*))

0260990

Others (2)

2

0,01  ((*))

0270000

Stem vegetables

0,01
   ((*))

0,02
   ((*))

0270010

Asparagus

0,09
   ((*))

0,01  ((*))

(+)

0270020

Cardoons

0,09
   ((*))

20 (+)

0270030

Celeries

0,09
   ((*))

20 (+)

0270040

Florence fennels

0,09
   ((*))

20 (+)

(+)

0270050

Globe artichokes

0,09
   ((*))

0,01  ((*))

0270060

Leeks

4

3 (+)

0270070

Rhubarbs

0,09
   ((*))

15 (+)

0270080

Bamboo shoots

0,09
   ((*))

0,01  ((*))

0270090

Palm hearts

0,09
   ((*))

0,01  ((*))

0270990

Others (2)

0,09
   ((*))

0,01  ((*))

0280000

Fungi, mosses and lichens

0,09
   ((*))

0,01
   ((*))

0,01  ((*))

0,02
   ((*))

0280010

Cultivated fungi

0280020

Wild fungi

0280990

Mosses and lichens

0290000

Algae and prokaryotes organisms

0,09
   ((*))

0,01
   ((*))

0,01  ((*))

0,02
   ((*))

0300000

PULSES

0,01
   ((*))

0,3

0,02
   ((*))

0300010

Beans

30

(+)

0300020

Lentils

20

0300030

Peas

30

(+)

0300040

Lupins/lupini beans

20

0300990

Others (2)

20

0400000

OILSEEDS AND OIL FRUITS

0,01
   ((*))

0401000

Oilseeds

0401010

Linseeds

7

0,01  ((*))

0,02
   ((*))

0401020

Peanuts/groundnuts

0,09
   ((*))

0,05

0,02
   ((*))

0401030

Poppy seeds

7

0,01  ((*))

0,02
   ((*))

0401040

Sesame seeds

0,09
   ((*))

0,01  ((*))

0,02
   ((*))

0401050

Sunflower seeds

7

1,5

0,02 (+)

0401060

Rapeseeds/canola seeds

7

0,5

0,02
   ((*))

0401070

Soyabeans

80

0,3

0,02 (+)

0401080

Mustard seeds

6

0,01  ((*))

0,02
   ((*))

0401090

Cotton seeds

7

0,5 (+)

0,02
   ((*))

0401100

Pumpkin seeds

0,09
   ((*))

0,01  ((*))

0,02
   ((*))

0401110

Safflower seeds

0,09
   ((*))

0,01  ((*))

0,02
   ((*))

0401120

Borage seeds

7

0,01  ((*))

0,02
   ((*))

0401130

Gold of pleasure seeds

0,09
   ((*))

0,01  ((*))

0,02
   ((*))

0401140

Hemp seeds

0,09
   ((*))

0,01  ((*))

0,02
   ((*))

0401150

Castor beans

0,09
   ((*))

0,01  ((*))

0,02
   ((*))

0401990

Others (2)

0,09
   ((*))

0,01  ((*))

0,02
   ((*))

0402000

Oil fruits

0,09
   ((*))

0,01  ((*))

0,02
   ((*))

0402010

Olives for oil production

0402020

Oil palms kernels

0402030

Oil palms fruits

0402040

Kapok

0402990

Others (2)

0500000

CEREALS

0,01
   ((*))

0,02
   ((*))

0500010

Barley

0,09
   ((*))

0,4 (+)

0500020

Buckwheat and other pseudocereals

0,09
   ((*))

0,01  ((*))

0500030

Maize/corn

0,2 (+)

0,01  ((*))

0500040

Common millet/proso millet

0,09
   ((*))

0,8

0500050

Oat

0,09
   ((*))

0,2

0500060

Rice

0,09  ((*))

0,01  ((*))

0500070

Rye

0,09
   ((*))

0,15

0500080

Sorghum

0,09
   ((*))

0,8 (+)

0500090

Wheat

0,09
   ((*))

0,15

0500990

Others (2)

0,09
   ((*))

0,01  ((*))

0600000

TEAS, COFFEE, HERBAL INFUSIONS, COCOA AND CAROBS

0,05
   ((*))

0,05
   ((*))

0,1
   ((*))

0610000

Teas

0,1
   ((*))

0620000

Coffee beans

0,1
   ((*))

0630000

Herbal infusions from

0631000

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

(a)

flowers

0,1
   ((*))

0631010

Chamomile

0631020

Hibiscus/roselle

0631030

Rose

0631040

Jasmine

0631050

Lime/linden

0631990

Others (2)

0632000

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

(b)

leaves and herbs

0,1
   ((*))

0632010

Strawberry

0632020

Rooibos

0632030

Mate/maté

0632990

Others (2)

0633000

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

(c)

roots

9 (+)

0633010

Valerian

(+)

0633020

Ginseng

(+)

0633990

Others (2)

0639000

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

(d)

any other parts of the plant

0,1
   ((*))

0640000

Cocoa beans

0,1
   ((*))

0650000

Carobs/Saint John's breads

0,1
   ((*))

0700000

HOPS

0,1
   ((*))

30

0,05
   ((*))

0,1
   ((*))

0800000

SPICES

0810000

Seed spices

0,1
   ((*))

0,05
   ((*))

0,05
   ((*))

0,1
   ((*))

0810010

Anise/aniseed

0810020

Black caraway/black cumin

0810030

Celery

0810040

Coriander

0810050

Cumin

0810060

Dill

0810070

Fennel

0810080

Fenugreek

0810090

Nutmeg

0810990

Others (2)

0820000

Fruit spices

0,1
   ((*))

0,05
   ((*))

0,05
   ((*))

0,1
   ((*))

0820010

Allspice/pimento

0820020

Sichuan pepper

0820030

Caraway

0820040

Cardamom

0820050

Juniper berry

0820060

Peppercorn (black, green and white)

0820070

Vanilla

0820080

Tamarind

0820990

Others (2)

0830000

Bark spices

0,1
   ((*))

0,05
   ((*))

0,05
   ((*))

0,1
   ((*))

0830010

Cinnamon

0830990

Others (2)

0840000

Root and rhizome spices

0840010

Liquorice

0,1
   ((*))

0,05
   ((*))

0,05
   ((*))

0,1
   ((*))

0840020

Ginger (10)

0840030

Turmeric/curcuma

0,1
   ((*))

0,05
   ((*))

0,05
   ((*))

0,1
   ((*))

0840040

Horseradish (11)

0840990

Others (2)

0,1
   ((*))

0,05
   ((*))

0,05
   ((*))

0,1
   ((*))

0850000

Bud spices

0,1
   ((*))

0,05
   ((*))

0,05
   ((*))

0,1
   ((*))

0850010

Cloves

0850020

Capers

0850990

Others (2)

0860000

Flower pistil spices

0,1
   ((*))

0,05
   ((*))

0,05
   ((*))

0,1
   ((*))

0860010

Saffron

0860990

Others (2)

0870000

Aril spices

0,1
   ((*))

0,05
   ((*))

0,05
   ((*))

0,1
   ((*))

0870010

Mace

0870990

Others (2)

0900000

SUGAR PLANTS

0,01
   ((*))

0,02
   ((*))

0900010

Sugar beet roots

0,2

0,5

0900020

Sugar canes

0,09
   ((*))

0,01  ((*))

0900030

Chicory roots

0,09
   ((*))

0,01  ((*))

0900990

Others (2)

0,09
   ((*))

0,01  ((*))

1000000

PRODUCTS OF ANIMAL ORIGIN -TERRESTRIAL ANIMALS

1010000

Commodities from

0,01
   ((*))

0,01  ((*))

0,02
   ((*))

1011000

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

(a)

swine

1011010

Muscle

0,06

0,01  ((*))
  (+)

(+)

1011020

Fat

0,1

0,01  ((*))
  (+)

(+)

1011030

Liver

0,5

0,02 (+)

(+)

1011040

Kidney

0,5

0,02 (+)

(+)

1011050

Edible offals (other than liver and kidney)

0,5

0,02

1011990

Others (2)

0,02
   ((*))

0,01  ((*))

1012000

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

(b)

bovine

0,01
   ((*))

1012010

Muscle

0,1

(+)

(+)

1012020

Fat

0,15

(+)

(+)

1012030

Liver

0,5

(+)

(+)

1012040

Kidney

0,8

(+)

(+)

1012050

Edible offals (other than liver and kidney)

0,8

1012990

Others (2)

0,02
   ((*))

1013000

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

(c)

sheep

1013010

Muscle

0,1

0,01  ((*))
  (+)

(+)

1013020

Fat

0,2

0,01  ((*))
  (+)

(+)

1013030

Liver

0,5

0,02 (+)

(+)

1013040

Kidney

0,9

0,02 (+)

(+)

1013050

Edible offals (other than liver and kidney)

0,9

0,02

1013990

Others (2)

0,02
   ((*))

0,01  ((*))

1014000

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

d)

goat

1014010

Muscle

0,1

0,01  ((*))
  (+)

(+)

1014020

Fat

0,2

0,01  ((*))
  (+)

(+)

1014030

Liver

0,5

0,02 (+)

(+)

1014040

Kidney

0,9

0,02 (+)

(+)

1014050

Edible offals (other than liver and kidney)

0,9

0,02

1014990

Others (2)

0,02
   ((*))

0,01  ((*))

1015000

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

(e)

equine

0,01
   ((*))

1015010

Muscle

0,1

(+)

(+)

1015020

Fat

0,15

(+)

(+)

1015030

Liver

0,5

(+)

(+)

1015040

Kidney

0,8

(+)

(+)

1015050

Edible offals (other than liver and kidney)

0,8

1015990

Others (2)

0,02
   ((*))

1016000

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

(f)

poultry

0,01
   ((*))

1016010

Muscle

0,03
   ((*))

1016020

Fat

0,03
   ((*))

1016030

Liver

0,03

1016040

Kidney

0,03

1016050

Edible offals (other than liver and kidney)

0,03

1016990

Others (2)

0,02
   ((*))

1017000

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

(g)

other farmed terrestrial animals

1017010

Muscle

0,1

0,01  ((*))

1017020

Fat

0,15

0,01  ((*))

1017030

Liver

0,5

0,02

1017040

Kidney

0,8

0,02

1017050

Edible offals (other than liver and kidney)

0,8

0,02

1017990

Others (2)

0,02
   ((*))

0,01  ((*))

1020000

Milk

0,01
   ((*))

0,06

0,01  ((*))

0,01  ((*))

0,02
   ((*))

1020010

Cattle

(+)

(+)

1020020

Sheep

(+)

(+)

1020030

Goat

(+)

(+)

1020040

Horse

(+)

(+)

1020990

Others (2)

1030000

Birds eggs

0,01
   ((*))

0,15

0,01
   ((*))

0,01  ((*))

0,02
   ((*))

1030010

Chicken

1030020

Duck

1030030

Geese

1030040

Quail

1030990

Others (2)

1040000

Honey and other apiculture products (7)

0,05
   ((*))

0,05  ((*))

0,05
   ((*))

0,05  ((*))

0,05
   ((*))

1050000

Amphibians and Reptiles

0,01
   ((*))

0,02
   ((*))

0,01
   ((*))

0,01  ((*))

0,02
   ((*))

1060000

Terrestrial invertebrate animals

0,01
   ((*))

0,02
   ((*))

0,01
   ((*))

0,01  ((*))

0,02
   ((*))

1070000

Wild terrestrial vertebrate animals

0,01
   ((*))

0,02
   ((*))

0,01
   ((*))

0,01  ((*))

0,02
   ((*))

1100000

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

1200000

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

1300000

PROCESSED FOOD PRODUCTS (9)

1-methyl-3-(trifluoromethyl)-1H-pyrazole-4-carboxamide (PAM)

| (O) | MRL will not apply for commodities of plant origin |
| --- | --- |

(O)

MRL will not apply for commodities of plant origin

Cycloxydim including degradation and reaction products which can be determined as 3-(3-thianyl)glutaric acid S-dioxide (BH 517-TGSO2) and/or 3-hydroxy-3-(3-thianyl)glutaric acid S-dioxide (BH 517-5-OH-TGSO2) or derivatives thereof, calculated in total as cycloxydim

The European Food Safety Authority identified some information on analytical methods as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 27 January 2025, or, if that information is not submitted by that date, the lack of it.

0633000 (c) roots

0633010 Valerian

0633020 Ginseng

The European Food Safety Authority identified some information on residue trials as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 27 January 2025, or, if that information is not submitted by that date, the lack of it.

0220040 Spring onions/green onions and Welsh onions

0251010 Lamb's lettuces/corn salads

0251030 Escaroles/broad-leaved endives

0251040 Cresses and other sprouts and shoots

0251050 Land cresses

0500030 Maize/corn

Cyflumetofen (sum of isomers)

The European Food Safety Authority identified some information on analytical methods as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 27 January 2025, or, if that information is not submitted by that date, the lack of it.

1011010 Muscle

1011020 Fat

1011030 Liver

1011040 Kidney

1012010 Muscle

1012020 Fat

1012030 Liver

1012040 Kidney

1013010 Muscle

1013020 Fat

1013030 Liver

1013040 Kidney

1014010 Muscle

1014020 Fat

1014030 Liver

1014040 Kidney

1015010 Muscle

1015020 Fat

1015030 Liver

1015040 Kidney

1020010 Cattle

1020020 Sheep

1020030 Goat

1020040 Horse

Penthiopyrad (F)

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

(F)

Fat soluble

The European Food Safety Authority identified some information on hydrolysis of metabolite 1-methyl-3-(trifluoromethyl)-1H-pyrazole-4-carboxamide (PAM) as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 27 January 2025, or, if that information is not submitted by that date, the lack of it.

0251010 Lamb's lettuces/corn salads

0251040 Cresses and other sprouts and shoots

0251050 Land cresses

0251060 Roman rocket/rucola

0251070 Red mustards

0251080 Baby leaf crops (including brassica species)

0252010 Spinaches

0252020 Purslanes

0252030 Chards/beet leaves

0256010 Chervil

0256020 Chives

0270020 Cardoons

0270030 Celeries

0270040 Florence fennels

0270060 Leeks

0270070 Rhubarbs

0401090 Cotton seeds

0500080 Sorghum

The European Food Safety Authority identified some information on hydrolysis of metabolite 1-methyl-3-(trifluoromethyl)-1H-pyrazole-4-carboxamide as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 27 January 2025, or, if that information is not submitted by that date, the lack of it.

0220040 Spring onions/green onions and Welsh onions

The European Food Safety Authority identified some information on residue trials and hydrolysis of metabolite 1-methyl-3-(trifluoromethyl)-1H-pyrazole-4-carboxamide (PAM) as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 27 January 2025, or, if that information is not submitted by that date, the lack of it.

0251020 Lettuces

The European Food Safety Authority identified some information on residue trials as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 27 January 2025, or, if that information is not submitted by that date, the lack of it.

0500010 Barley

Sum of metobromuron and 4-bromophenylurea, expressed as metobromuron

European Food Safety Authority identified some information on analytical methods and livestock metabolism as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 27 January 2025, or, if that information is not submitted by that date, the lack of it.

0211000 (a) potatoes

The European Food Safety Authority identified some information on analytical methods as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 27 January 2025, or, if that information is not submitted by that date, the lack of it.

0152000 (b) strawberries

0213020 Carrots

0213060 Parsnips

0252010 Spinaches

0254000 (d) watercresses

0256030 Celery leaves

0256040 Parsley

0256050 Sage

0256070 Thyme

0256080 Basil and edible flowers

0260010 Beans (with pods)

0260020 Beans (without pods)

0270010 Asparagus

0270040 Florence fennels

0300010 Beans

0300030 Peas

0401050 Sunflower seeds

0401070 Soyabeans

The European Food Safety Authority identified some information on analytical methods, residue trials and storage stability as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 27 January 2025, or, if that information is not submitted by that date, the lack of it.

0251010 Lamb's lettuces/corn salads

The European Food Safety Authority identified some information on livestock metabolism as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 27 January 2025, or, if that information is not submitted by that date, the lack of it.

1011010 Muscle

1011020 Fat

1011030 Liver

1011040 Kidney

1012010 Muscle

1012020 Fat

1012030 Liver

1012040 Kidney

1013010 Muscle

1013020 Fat

1013030 Liver

1013040 Kidney

1014010 Muscle

1014020 Fat

1014030 Liver

1014040 Kidney

1015010 Muscle

1015020 Fat

1015030 Liver

1015040 Kidney

1020010 Cattle

1020020 Sheep

1020030 Goat

1020040 Horse"

| (2) | in Annex II, the column for cyfluthrin is replaced by the following:
  "Pesticide residues and maximum residue levels (mg/kg)








  Code number | Groups and examples of individual products to which the
  MRLs apply (2) | Cyfluthrin (cyfluthrin including other mixtures of constituent isomers (sum of isomers)) (F) |
| --- | --- | --- | --- |
| (1) | (2) | (3) |
| 0100000 | FRUITS, FRESH or FROZEN; TREE NUTS | |
| 0110000 | Citrus fruits | 0,3 |
| 0110010 | Grapefruits | |
| 0110020 | Oranges | |
| 0110030 | Lemons | |
| 0110040 | Limes | |
| 0110050 | Mandarins | |
| 0110990 | Others (2) | |
| 0120000 | Tree nuts | 0,01
   ((*)) |
| 0120010 | Almonds | |
| 0120020 | Brazil nuts | |
| 0120030 | Cashew nuts | |
| 0120040 | Chestnuts | |
| 0120050 | Coconuts | |
| 0120060 | Hazelnuts/cobnuts | |
| 0120070 | Macadamias | |
| 0120080 | Pecans | |
| 0120090 | Pine nut kernels | |
| 0120100 | Pistachios | |
| 0120110 | Walnuts | |
| 0120990 | Others (2) | |
| 0130000 | Pome fruits | |
| 0130010 | Apples | 0,1 |
| 0130020 | Pears | 0,1 |
| 0130030 | Quinces | 0,01
   ((*)) |
| 0130040 | Medlars | 0,01
   ((*)) |
| 0130050 | Loquats/Japanese medlars | 0,01
   ((*)) |
| 0130990 | Others (2) | 0,01
   ((*)) |
| 0140000 | Stone fruits | 0,01
   ((*)) |
| 0140010 | Apricots | |
| 0140020 | Cherries (sweet) | |
| 0140030 | Peaches | |
| 0140040 | Plums | |
| 0140990 | Others (2) | |
| 0150000 | Berries and small fruits | 0,01
   ((*)) |
| 0151000 | (a) | grapes |

(2)

in Annex II, the column for cyfluthrin is replaced by the following:

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

Code number

Groups and examples of individual products to which the

MRLs apply (2)

Cyfluthrin (cyfluthrin including other mixtures of constituent isomers (sum of isomers)) (F)

(1)

(2)

(3)

0100000

FRUITS, FRESH or FROZEN; TREE NUTS

0110000

Citrus fruits

0,3

0110010

Grapefruits

0110020

Oranges

0110030

Lemons

0110040

Limes

0110050

Mandarins

0110990

Others (2)

0120000

Tree nuts

0,01
   ((*))

0120010

Almonds

0120020

Brazil nuts

0120030

Cashew nuts

0120040

Chestnuts

0120050

Coconuts

0120060

Hazelnuts/cobnuts

0120070

Macadamias

0120080

Pecans

0120090

Pine nut kernels

0120100

Pistachios

0120110

Walnuts

0120990

Others (2)

0130000

Pome fruits

0130010

Apples

0,1

0130020

Pears

0,1

0130030

Quinces

0,01
   ((*))

0130040

Medlars

0,01
   ((*))

0130050

Loquats/Japanese medlars

0,01
   ((*))

0130990

Others (2)

0,01
   ((*))

0140000

Stone fruits

0,01
   ((*))

0140010

Apricots

0140020

Cherries (sweet)

0140030

Peaches

0140040

Plums

0140990

Others (2)

0150000

Berries and small fruits

0,01
   ((*))

0151000

(a)

grapes

0151010

Table grapes

0151020

Wine grapes

0152000

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

(b)

strawberries

0153000

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

(c)

cane fruits

0153010

Blackberries

0153020

Dewberries

0153030

Raspberries (red and yellow)

0153990

Others (2)

0154000

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

(d)

other small fruits and berries

0154010

Blueberries

0154020

Cranberries

0154030

Currants (black, red and white)

0154040

Gooseberries (green, red and yellow)

0154050

Rose hips

0154060

Mulberries (black and white)

0154070

Azaroles/Mediterranean medlars

0154080

Elderberries

0154990

Others (2)

0160000

Miscellaneous fruitswith

0,01
   ((*))

0161000

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

(a)

edible peel

0161010

Dates

0161020

Figs

0161030

Table olives

0161040

Kumquats

0161050

Carambolas

0161060

Kaki/Japanese persimmons

0161070

Jambuls/jambolans

0161990

Others (2)

0162000

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

(b)

inedible peel, small

0162010

Kiwi fruits (green, red, yellow)

0162020

Litchis/lychees

0162030

Passionfruits/maracujas

0162040

Prickly pears/cactus fruits

0162050

Star apples/cainitos

0162060

American persimmons/Virginia kaki

0162990

Others (2)

0163000

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

(c)

inedible peel, large

0163010

Avocados

0163020

Bananas

0163030

Mangoes

0163040

Papayas

0163050

Granate apples/pomegranates

0163060

Cherimoyas

0163070

Guavas

0163080

Pineapples

0163090

Breadfruits

0163100

Durians

0163110

Soursops/guanabanas

0163990

Others (2)

0200000

VEGETABLES, FRESH or FROZEN

0210000

Root and tuber vegetables

0,01
   ((*))

0211000

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

(a)

potatoes

0212000

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

(b)

tropical root and tuber vegetables

0212010

Cassava roots/manioc

0212020

Sweet potatoes

0212030

Yams

0212040

Arrowroots

0212990

Others (2)

0213000

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

(c)

other root and tuber vegetables except sugar beets

0213010

Beetroots

0213020

Carrots

0213030

Celeriacs/turnip rooted celeries

0213040

Horseradishes

0213050

Jerusalem artichokes

0213060

Parsnips

0213070

Parsley roots/Hamburg roots parsley

0213080

Radishes

0213090

Salsifies

0213100

Swedes/rutabagas

0213110

Turnips

0213990

Others (2)

0220000

Bulb vegetables

0,01
   ((*))

0220010

Garlic

0220020

Onions

0220030

Shallots

0220040

Spring onions/green onions and Welsh onions

0220990

Others (2)

0230000

Fruiting vegetables

0231000

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

(a)

Solanaceae and Malvaceae

0231010

Tomatoes

0,2

0231020

Sweet peppers/bell peppers

0,2

0231030

Aubergines/eggplants

0,2

0231040

Okra/lady's fingers

0,01
   ((*))

0231990

Others (2)

0,01
   ((*))

0232000

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

(b)

cucurbits with edible peel

0,01
   ((*))

0232010

Cucumbers

0232020

Gherkins

0232030

Courgettes

0232990

Others (2)

0233000

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

(c)

cucurbits with inedible peel

0,01
   ((*))

0233010

Melons

0233020

Pumpkins

0233030

Watermelons

0233990

Others (2)

0234000

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

(d)

sweet corn

0,01
   ((*))

0239000

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

(e)

other fruiting vegetables

0,01
   ((*))

0240000

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

0241000

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

(a)

flowering brassica

0,01
   ((*))

0241010

Broccoli

0241020

Cauliflowers

0241990

Others (2)

0242000

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

(b)

head brassica

0242010

Brussels sprouts

0,01
   ((*))

0242020

Head cabbages

0,08

0242990

Others (2)

0,01
   ((*))

0243000

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

(c)

leafy brassica

0,01
   ((*))

0243010

Chinese cabbages/pe-tsai

0243020

Kales

0243990

Others (2)

0244000

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

(d)

kohlrabies

0,01
   ((*))

0250000

Leaf vegetables, herbs and edible flowers

0251000

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

(a)

lettuces and salad plants

0,01
   ((*))

0251010

Lamb's lettuces/corn salads

0251020

Lettuces

0251030

Escaroles/broad-leaved endives

0251040

Cresses and other sprouts and shoots

0251050

Land cresses

0251060

Roman rocket/rucola

0251070

Red mustards

0251080

Baby leaf crops (including brassica species)

0251990

Others (2)

0252000

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

(b)

spinaches and similar leaves

0,01
   ((*))

0252010

Spinaches

0252020

Purslanes

0252030

Chards/beet leaves

0252990

Others (2)

0253000

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

(c)

grape leaves and similar species

0,01
   ((*))

0254000

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

(d)

watercresses

0,01
   ((*))

0255000

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

(e)

witloofs/Belgian endives

0,01
   ((*))

0256000

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

(f)

herbs and edible flowers

0,02  ((*))

0256010

Chervil

0256020

Chives

0256030

Celery leaves

0256040

Parsley

0256050

Sage

0256060

Rosemary

0256070

Thyme

0256080

Basil and edible flowers

0256090

Laurel/bay leaves

0256100

Tarragon

0256990

Others (2)

0260000

Legume vegetables

0,01
   ((*))

0260010

Beans (with pods)

0260020

Beans (without pods)

0260030

Peas (with pods)

0260040

Peas (without pods)

0260050

Lentils

0260990

Others (2)

0270000

Stem vegetables

0,01
   ((*))

0270010

Asparagus

0270020

Cardoons

0270030

Celeries

0270040

Florence fennels

0270050

Globe artichokes

0270060

Leeks

0270070

Rhubarbs

0270080

Bamboo shoots

0270090

Palm hearts

0270990

Others (2)

0280000

Fungi, mosses and lichens

0,01
   ((*))

0280010

Cultivated fungi

0280020

Wild fungi

0280990

Mosses and lichens

0290000

Algae and prokaryotes organisms

0,01
   ((*))

0300000

PULSES

0,01
   ((*))

0300010

Beans

0300020

Lentils

0300030

Peas

0300040

Lupins/lupini beans

0300990

Others (2)

0400000

OILSEEDS AND OIL FRUITS

0401000

Oilseeds

0401010

Linseeds

0,01
   ((*))

0401020

Peanuts/groundnuts

0,01
   ((*))

0401030

Poppy seeds

0,01
   ((*))

0401040

Sesame seeds

0,01
   ((*))

0401050

Sunflower seeds

0,01
   ((*))

0401060

Rapeseeds/canola seeds

0,07

0401070

Soyabeans

0,03

0401080

Mustard seeds

0,01
   ((*))

0401090

Cotton seeds

0,7

0401100

Pumpkin seeds

0,01
   ((*))

0401110

Safflower seeds

0,01
   ((*))

0401120

Borage seeds

0,01
   ((*))

0401130

Gold of pleasure seeds

0,01
   ((*))

0401140

Hemp seeds

0,01
   ((*))

0401150

Castor beans

0,01
   ((*))

0401990

Others (2)

0,01
   ((*))

0402000

Oil fruits

0,01
   ((*))

0402010

Olives for oil production

0402020

Oil palms kernels

0402030

Oil palms fruits

0402040

Kapok

0402990

Others (2)

0500000

CEREALS

0500010

Barley

0,3 (+)

0500020

Buckwheat and other pseudocereals

0,01
   ((*))

0500030

Maize/corn

0,01
   ((*))

0500040

Common millet/proso millet

0,01
   ((*))

0500050

Oat

0,01
   ((*))

0500060

Rice

0,01
   ((*))

0500070

Rye

0,01
   ((*))

0500080

Sorghum

0,01
   ((*))

0500090

Wheat

0,04 (+)

0500990

Others (2)

0,01
   ((*))

0600000

TEAS, COFFEE, HERBAL INFUSIONS, COCOA AND CAROBS

0,05
   ((*))

0610000

Teas

0620000

Coffee beans

0630000

Herbal infusions from

0631000

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

(a)

flowers

0631010

Chamomile

0631020

Hibiscus/roselle

0631030

Rose

0631040

Jasmine

0631050

Lime/linden

0631990

Others (2)

0632000

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

(b)

leaves and herbs

0632010

Strawberry

0632020

Rooibos

0632030

Mate/maté

0632990

Others (2)

0633000

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

(c)

roots

0633010

Valerian

0633020

Ginseng

0633990

Others (2)

0639000

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

(d)

any other parts of the plant

0640000

Cocoa beans

0650000

Carobs/Saint John's breads

0700000

HOPS

0,05
   ((*))

0800000

SPICES

0810000

Seed spices

0,05
   ((*))

0810010

Anise/aniseed

0810020

Black caraway/black cumin

0810030

Celery

0810040

Coriander

0810050

Cumin

0810060

Dill

0810070

Fennel

0810080

Fenugreek

0810090

Nutmeg

0810990

Others (2)

0820000

Fruit spices

0,03

0820010

Allspice/pimento

0820020

Sichuan pepper

0820030

Caraway

0820040

Cardamom

0820050

Juniper berry

0820060

Peppercorn (black, green and white)

0820070

Vanilla

0820080

Tamarind

0820990

Others (2)

0830000

Bark spices

0,05
   ((*))

0830010

Cinnamon

0830990

Others (2)

0840000

Root and rhizome spices

0840010

Liquorice

0,05

0840020

Ginger (10)

0840030

Turmeric/curcuma

0,05

0840040

Horseradish (11)

0840990

Others (2)

0,05

0850000

Bud spices

0,05
   ((*))

0850010

Cloves

0850020

Capers

0850990

Others (2)

0860000

Flower pistil spices

0,05
   ((*))

0860010

Saffron

0860990

Others (2)

0870000

Aril spices

0,05
   ((*))

0870010

Mace

0870990

Others (2)

0900000

SUGAR PLANTS

0,01
   ((*))

0900010

Sugar beet roots

0900020

Sugar canes

0900030

Chicory roots

0900990

Others (2)

1000000

PRODUCTS OF ANIMAL ORIGIN -TERRESTRIAL ANIMALS

1010000

Commodities from

1011000

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

(a)

swine

1011010

Muscle

0,01

1011020

Fat

0,2

1011030

Liver

0,02

1011040

Kidney

0,02

1011050

Edible offals (other than liver and kidney)

0,2

1011990

Others (2)

0,01
   ((*))

1012000

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

(b)

bovine

1012010

Muscle

0,01

1012020

Fat

0,2

1012030

Liver

0,02

1012040

Kidney

0,02

1012050

Edible offals (other than liver and kidney)

0,2

1012990

Others (2)

0,01
   ((*))

1013000

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

(c)

sheep

1013010

Muscle

0,01

1013020

Fat

0,2

1013030

Liver

0,02

1013040

Kidney

0,02

1013050

Edible offals (other than liver and kidney)

0,2

1013990

Others (2)

0,01
   ((*))

1014000

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

d)

goat

1014010

Muscle

0,01

1014020

Fat

0,2

1014030

Liver

0,02

1014040

Kidney

0,02

1014050

Edible offals (other than liver and kidney)

0,2

1014990

Others (2)

0,01
   ((*))

1015000

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

(e)

equine

1015010

Muscle

0,01

1015020

Fat

0,2

1015030

Liver

0,02

1015040

Kidney

0,02

1015050

Edible offals (other than liver and kidney)

0,2

1015990

Others (2)

0,01
   ((*))

1016000

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

(f)

poultry

0,01
   ((*))

1016010

Muscle

1016020

Fat

1016030

Liver

1016040

Kidney

1016050

Edible offals (other than liver and kidney)

1016990

Others (2)

1017000

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

(g)

other farmed terrestrial animals

1017010

Muscle

0,01

1017020

Fat

0,2

1017030

Liver

0,02

1017040

Kidney

0,02

1017050

Edible offals (other than liver and kidney)

0,2

1017990

Others (2)

0,01
   ((*))

1020000

Milk

1020010

Cattle

0,02

1020020

Sheep

0,02

1020030

Goat

0,02

1020040

Horse

0,01

1020990

Others (2)

0,01
   ((*))

1030000

Birds eggs

0,01
   ((*))

1030010

Chicken

1030020

Duck

1030030

Geese

1030040

Quail

1030990

Others (2)

1040000

Honey and other apiculture products (7)

0,05  ((*))

1050000

Amphibians and Reptiles

0,01
   ((*))

1060000

Terrestrial invertebrate animals

0,01
   ((*))

1070000

Wild terrestrial vertebrate animals

0,01
   ((*))

1100000

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

1200000

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

1300000

PROCESSED FOOD PRODUCTS (9)

Cyfluthrin (cyfluthrin including other mixtures of constituent isomers (sum of isomers)) (F)

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

(F)

Fat soluble

The European Food Safety Authority identified some information on residue trials as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 27 January 2025, or, if that information is not submitted by that date, the lack of it.

0500010 Barley

0500090 Wheat"

| (3) | in Part A of Annex III, the columns for, cycloxydim, cyflumetofen, and penthiopyrad are deleted. |
| --- | --- |

(3)

in Part A of Annex III, the columns for, cycloxydim, cyflumetofen, and penthiopyrad are deleted.

| (4) | in Part B of Annex III, the column for cyfluthrin is deleted. |
| --- | --- |

(4)

in Part B of Annex III, the column for cyfluthrin is deleted.

---

((*))  Indicates lower limit of analytical determination

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

((*))  Indicates lower limit of analytical determination

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

---

| 27.1.2023 | EN | Official Journal of the European Union | L 25/36 |
| --- | --- | --- | --- |

27.1.2023

EN

Official Journal of the European Union

L 25/36

---

COMMISSION IMPLEMENTING REGULATION (EU) 2023/174

of 26 January 2023

amending Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 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 (1), and in particular Article 53(1), point (b)(ii), thereof,

Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (2), and in particular Article 47(2), first subparagraph, point (b), and Article 54(4), first subparagraph, points (a) and (b), thereof,

Whereas:

| (1) | Commission Implementing Regulation (EU) 2019/1793 (3) lays down rules on the temporary increase of official controls at the entry into the Union on certain food and feed of non-animal origin from certain third countries listed in Annex I to that Implementing Regulation, and on the imposition of special conditions governing the entry into the Union of certain consignments of food and feed from certain third countries due to the risk of contamination by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins, and microbiological contamination, listed in Annex II to that Implementing Regulation. |
| --- | --- |

(1)

Commission Implementing Regulation (EU) 2019/1793 (3) lays down rules on the temporary increase of official controls at the entry into the Union on certain food and feed of non-animal origin from certain third countries listed in Annex I to that Implementing Regulation, and on the imposition of special conditions governing the entry into the Union of certain consignments of food and feed from certain third countries due to the risk of contamination by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins, and microbiological contamination, listed in Annex II to that Implementing Regulation.

| (2) | Article 12 of Implementing Regulation (EU) 2019/1793 provides that the lists set out in the Annexes to that Implementing Regulation are to be reviewed at regular intervals not exceeding six months, in order to take into account new information related to risks to human health and non-compliance with Union legislation, such as the data resulting from notifications received through the Rapid Alert System for Food and Feed (‘RASFF’) established by Regulation (EC) No 178/2002, as well as data and information concerning consignments and the results of the documentary, identity and physical checks communicated by the Member States to the Commission. |
| --- | --- |

(2)

Article 12 of Implementing Regulation (EU) 2019/1793 provides that the lists set out in the Annexes to that Implementing Regulation are to be reviewed at regular intervals not exceeding six months, in order to take into account new information related to risks to human health and non-compliance with Union legislation, such as the data resulting from notifications received through the Rapid Alert System for Food and Feed (‘RASFF’) established by Regulation (EC) No 178/2002, as well as data and information concerning consignments and the results of the documentary, identity and physical checks communicated by the Member States to the Commission.

| (3) | Recent notifications received through the RASFF indicate the existence of a serious direct or indirect risk to human health deriving from some food or feed. Additionally, official controls performed by the Member States on some food and feed of non-animal origin in the first semester of 2022 indicate that the lists set out in Annexes I and II to Implementing Regulation (EU) 2019/1793 should be amended in order to protect human health in the Union. |
| --- | --- |

(3)

Recent notifications received through the RASFF indicate the existence of a serious direct or indirect risk to human health deriving from some food or feed. Additionally, official controls performed by the Member States on some food and feed of non-animal origin in the first semester of 2022 indicate that the lists set out in Annexes I and II to Implementing Regulation (EU) 2019/1793 should be amended in order to protect human health in the Union.

| (4) | Groundnuts and products produced from groundnuts from Argentina have been subjected to an increased level of official controls due to the risk of contamination by aflatoxins since October 2019. The official controls carried out on those commodities by the Member States indicate an overall satisfactory degree of compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls is no longer justified for these commodities and their entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted. |
| --- | --- |

(4)

Groundnuts and products produced from groundnuts from Argentina have been subjected to an increased level of official controls due to the risk of contamination by aflatoxins since October 2019. The official controls carried out on those commodities by the Member States indicate an overall satisfactory degree of compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls is no longer justified for these commodities and their entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.

| (5) | Brazil nuts in shell and mixtures of Brazil nuts or dried fruits containing Brazil nuts in shell from Brazil have been subjected to an increased level of official controls due to the risk of contamination by aflatoxins since January 2019. The official controls carried out by the Member States show improvement in compliance with the relevant requirements provided for in Union legislation. The results of those controls provide evidence that the entry of those foodstuffs into the Union does not constitute a serious risk for human health. Consequently, it is not necessary to continue to provide that each consignment be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005 of the European Parliament and of the Council (4). At the same time, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained. Therefore, the entry on Brazil nuts from Brazil in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, maintaining the level of frequency of identity and physical checks at 50 % of consignments entering the Union. |
| --- | --- |

(5)

Brazil nuts in shell and mixtures of Brazil nuts or dried fruits containing Brazil nuts in shell from Brazil have been subjected to an increased level of official controls due to the risk of contamination by aflatoxins since January 2019. The official controls carried out by the Member States show improvement in compliance with the relevant requirements provided for in Union legislation. The results of those controls provide evidence that the entry of those foodstuffs into the Union does not constitute a serious risk for human health. Consequently, it is not necessary to continue to provide that each consignment be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005 of the European Parliament and of the Council (4). At the same time, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained. Therefore, the entry on Brazil nuts from Brazil in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, maintaining the level of frequency of identity and physical checks at 50 % of consignments entering the Union.

| (6) | Groundnuts and products produced from groundnuts from Bolivia have been subjected to an increased level of official controls due to the risk of contamination by aflatoxins since January 2017. The official controls carried out on those commodities by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those controls provide evidence that the entry of those commodities into the Union constitutes a serious risk for human health. It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to the importation of groundnuts and products produced from groundnuts from Bolivia. In particular, all consignments of groundnuts and products produced from groundnuts from Bolivia should be accompanied by an official certificate stating that all the results of sampling and analyses show compliance with Union requirements. The results of sampling and analyses should be attached to that certificate. Therefore, the entry on groundnuts and products produced from groundnuts from Bolivia in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks set at 50 % of consignments entering the Union. |
| --- | --- |

(6)

Groundnuts and products produced from groundnuts from Bolivia have been subjected to an increased level of official controls due to the risk of contamination by aflatoxins since January 2017. The official controls carried out on those commodities by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those controls provide evidence that the entry of those commodities into the Union constitutes a serious risk for human health. It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to the importation of groundnuts and products produced from groundnuts from Bolivia. In particular, all consignments of groundnuts and products produced from groundnuts from Bolivia should be accompanied by an official certificate stating that all the results of sampling and analyses show compliance with Union requirements. The results of sampling and analyses should be attached to that certificate. Therefore, the entry on groundnuts and products produced from groundnuts from Bolivia in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks set at 50 % of consignments entering the Union.

| (7) | Groundnuts and products produced from groundnuts from Brazil have been subjected to an increased level of official controls due to the risk of contamination by aflatoxins since October 2019. The official controls carried out on those commodities by the Member States indicate an overall satisfactory degree of compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls due to the risk of contamination by aflatoxins is no longer justified for these commodities and their entry for this reason in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted. |
| --- | --- |

(7)

Groundnuts and products produced from groundnuts from Brazil have been subjected to an increased level of official controls due to the risk of contamination by aflatoxins since October 2019. The official controls carried out on those commodities by the Member States indicate an overall satisfactory degree of compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls due to the risk of contamination by aflatoxins is no longer justified for these commodities and their entry for this reason in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.

| (8) | Additionally, in relation to consignments of groundnuts and products produced from groundnuts from Brazil, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pesticide residues was detected during official controls performed by the Member States in accordance with Articles 5 and 6 of Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 30 %. |
| --- | --- |

(8)

Additionally, in relation to consignments of groundnuts and products produced from groundnuts from Brazil, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pesticide residues was detected during official controls performed by the Member States in accordance with Articles 5 and 6 of Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 30 %.

| (9) | In relation to consignments of palm oil from Côte d’Ivoire, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks to human health, due to a possible contamination by Sudan dyes. It is therefore necessary to require an increased level of official controls on entries of that commodity from Côte d’Ivoire. That commodity should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 20 % of consignments entering the Union. |
| --- | --- |

(9)

In relation to consignments of palm oil from Côte d’Ivoire, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks to human health, due to a possible contamination by Sudan dyes. It is therefore necessary to require an increased level of official controls on entries of that commodity from Côte d’Ivoire. That commodity should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 20 % of consignments entering the Union.

| (10) | In relation to consignments of granadilla and passion fruit (Passiflora ligularis and Passiflora edulis) from Colombia, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of those commodities from Colombia. Those commodities should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 % of consignments entering the Union. |
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(10)

In relation to consignments of granadilla and passion fruit (Passiflora ligularis and Passiflora edulis) from Colombia, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of those commodities from Colombia. Those commodities should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 % of consignments entering the Union.

| (11) | Galia melons (C. melo var. reticulatus) from Honduras have been subjected to an increased level of official controls due to the risk of contamination by Salmonella Braenderup since January 2022. The official controls carried out on that commodity by the Member States indicate an overall satisfactory degree of compliance with the relevant requirements provided for in Union legislation. In addition, the competent authority of Honduras submitted a satisfactory action plan to ensure that Galia melons (C. melo var. reticulatus) exported to the Union comply with Union requirements. Therefore, an increased level of official controls is no longer justified for this commodity and its entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted. |
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(11)

Galia melons (C. melo var. reticulatus) from Honduras have been subjected to an increased level of official controls due to the risk of contamination by Salmonella Braenderup since January 2022. The official controls carried out on that commodity by the Member States indicate an overall satisfactory degree of compliance with the relevant requirements provided for in Union legislation. In addition, the competent authority of Honduras submitted a satisfactory action plan to ensure that Galia melons (C. melo var. reticulatus) exported to the Union comply with Union requirements. Therefore, an increased level of official controls is no longer justified for this commodity and its entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.

| (12) | In relation to consignments of basil (Ocimum basilicum) and mint (Mentha) from Israel (5), data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of those commodities from Israel. Those commodities should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 % of consignments entering the Union. |
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(12)

In relation to consignments of basil (Ocimum basilicum) and mint (Mentha) from Israel (5), data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of those commodities from Israel. Those commodities should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 % of consignments entering the Union.

| (13) | Betel leaves (Piper betle L.) from India have been subjected to an increased level of official controls and to special conditions at their entry into the Union due to the risk of contamination by Salmonella since January 2019. Those commodities have not been imported into the Union for more than three years. Therefore, the entry on betel leaves (Piper betle L.) from India in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, with a frequency of identity and physical checks set at 30 % of consignments entering the Union. Member States should continue to carry out official controls to ensure that after the lifting of the special conditions, when trade potentially restarts, that commodity introduced into the Union complies with the relevant requirements provided for in Union legislation with respect to contamination by Salmonella. |
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(13)

Betel leaves (Piper betle L.) from India have been subjected to an increased level of official controls and to special conditions at their entry into the Union due to the risk of contamination by Salmonella since January 2019. Those commodities have not been imported into the Union for more than three years. Therefore, the entry on betel leaves (Piper betle L.) from India in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, with a frequency of identity and physical checks set at 30 % of consignments entering the Union. Member States should continue to carry out official controls to ensure that after the lifting of the special conditions, when trade potentially restarts, that commodity introduced into the Union complies with the relevant requirements provided for in Union legislation with respect to contamination by Salmonella.

| (14) | Curry leaves (Bergera/Murrava koenigii) from India have been subjected to an increased level of official controls due to the risk of contamination by pesticide residues since May 2020. The official controls carried out on that commodity by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those controls provide evidence that the entry of that commodity into the Union constitutes a serious risk for human health. It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to the importation of curry leaves (Bergera/Murrava koenigii) from India. In particular, all consignments of curry leaves (Bergera/Murrava koenigii) from India should be accompanied by an official certificate stating that all the results of sampling and analyses show compliance with Union requirements. The results of sampling and analyses should be attached to that certificate. Therefore, the entry on curry leaves (Bergera/Murrava koenigii) from India in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks set at 50 % of consignments entering the Union. |
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(14)

Curry leaves (Bergera/Murrava koenigii) from India have been subjected to an increased level of official controls due to the risk of contamination by pesticide residues since May 2020. The official controls carried out on that commodity by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those controls provide evidence that the entry of that commodity into the Union constitutes a serious risk for human health. It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to the importation of curry leaves (Bergera/Murrava koenigii) from India. In particular, all consignments of curry leaves (Bergera/Murrava koenigii) from India should be accompanied by an official certificate stating that all the results of sampling and analyses show compliance with Union requirements. The results of sampling and analyses should be attached to that certificate. Therefore, the entry on curry leaves (Bergera/Murrava koenigii) from India in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks set at 50 % of consignments entering the Union.

| (15) | Drumsticks (Moringa oleifera) from India have been subjected to an increased level of official controls due to the risk of contamination by pesticide residues since December 2021. The official controls carried out on that commodity by the Member States show a high rate of non-compliance since the establishment of the increased level of official controls. The risk arising from the contamination of that commodity is associated as well with frozen drumsticks. To ensure efficient protection against potentional health risks arising from the contamination of drumsticks (Moringa oleifera) from India by pesticide residues, a relevant CN code should therefore be added in the column ‘CN code’ in the table in Annex I to Implementing Regulation (EU) 2019/1793 for the entry relating to drumsticks (Moringa oleifera) from India. |
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(15)

Drumsticks (Moringa oleifera) from India have been subjected to an increased level of official controls due to the risk of contamination by pesticide residues since December 2021. The official controls carried out on that commodity by the Member States show a high rate of non-compliance since the establishment of the increased level of official controls. The risk arising from the contamination of that commodity is associated as well with frozen drumsticks. To ensure efficient protection against potentional health risks arising from the contamination of drumsticks (Moringa oleifera) from India by pesticide residues, a relevant CN code should therefore be added in the column ‘CN code’ in the table in Annex I to Implementing Regulation (EU) 2019/1793 for the entry relating to drumsticks (Moringa oleifera) from India.

| (16) | In relation to consignments of peppers of the genus Capsicum (other than sweet) from Kenya and Rwanda, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of that commodity from Kenya and Rwanda. That commodity should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 20 % of consignments entering the Union. |
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(16)

In relation to consignments of peppers of the genus Capsicum (other than sweet) from Kenya and Rwanda, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of that commodity from Kenya and Rwanda. That commodity should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 20 % of consignments entering the Union.

| (17) | Food supplements containing botanicals from South Korea have been subjected to an increased level of official controls due to the risk of contamination by ethylene oxide since January 2022. The official controls carried out by the Member States show improvements in compliance with the relevant requirements provided for in Union legislation. The results of those controls provide evidence that the entry of those foodstuffs into the Union does not constitute a serious risk for human health. Consequently, it is not necessary to continue to provide that each consignment is to be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005. At the same time, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained. Therefore, the entry on food supplements containing botanicals from South Korea in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, with a frequency of identity and physical checks set at 30 % of consignments entering the Union. |
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(17)

Food supplements containing botanicals from South Korea have been subjected to an increased level of official controls due to the risk of contamination by ethylene oxide since January 2022. The official controls carried out by the Member States show improvements in compliance with the relevant requirements provided for in Union legislation. The results of those controls provide evidence that the entry of those foodstuffs into the Union does not constitute a serious risk for human health. Consequently, it is not necessary to continue to provide that each consignment is to be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005. At the same time, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained. Therefore, the entry on food supplements containing botanicals from South Korea in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, with a frequency of identity and physical checks set at 30 % of consignments entering the Union.

| (18) | Locust beans (carob), locust beans seeds, not decorticated, crushed or ground and mucilages and thickeners, whether or not modified, derived from locust beans or locust beans seeds from Malaysia have been subjected to an increased level of official controls and to special conditions at their entry into the Union due to the risk of contamination by ethylene oxide since January 2022. Official controls performed by the Member States in the first semester of 2022 indicate that those commodities have not been imported into the Union. Consequently, results of official controls performed on those commodities by the Member States throughout a full semester could not be collected and evaluated. Therefore, the entries on locust beans (carob), locust beans seeds, not decorticated, crushed or ground and mucilages and thickeners, whether or not modified, derived from locust beans or locust beans seeds from Malaysia in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, with a frequency of identity and physical checks set at 30 % of consignments entering the Union. Member States should continue to carry out controls to ensure that after the lifting of the special conditions, when trade potentially restarts, those commodities introduced into the Union comply with the relevant requirements provided for in Union legislation with respect to contamination by ethylene oxide. |
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(18)

Locust beans (carob), locust beans seeds, not decorticated, crushed or ground and mucilages and thickeners, whether or not modified, derived from locust beans or locust beans seeds from Malaysia have been subjected to an increased level of official controls and to special conditions at their entry into the Union due to the risk of contamination by ethylene oxide since January 2022. Official controls performed by the Member States in the first semester of 2022 indicate that those commodities have not been imported into the Union. Consequently, results of official controls performed on those commodities by the Member States throughout a full semester could not be collected and evaluated. Therefore, the entries on locust beans (carob), locust beans seeds, not decorticated, crushed or ground and mucilages and thickeners, whether or not modified, derived from locust beans or locust beans seeds from Malaysia in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, with a frequency of identity and physical checks set at 30 % of consignments entering the Union. Member States should continue to carry out controls to ensure that after the lifting of the special conditions, when trade potentially restarts, those commodities introduced into the Union comply with the relevant requirements provided for in Union legislation with respect to contamination by ethylene oxide.

| (19) | Watermelon (Egusi, Citrullus spp.) seeds and derived products from Nigeria have been subjected to an increased level of official controls due to the risk of contamination by aflatoxins since January 2019. Those commodities have not been imported into the Union for more than three years. Therefore, the entry on watermelon (Egusi, Citrullus spp.) seeds and derived products from Nigeria in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, with a frequency of identity and physical checks set at 30 % of consignments entering the Union. Member States should continue to carry out controls to ensure that after the lifting of the special conditions, when trade potentially restarts, those commodities introduced into the Union comply with the relevant requirements provided for in Union legislation with respect to contamination by aflatoxins. |
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(19)

Watermelon (Egusi, Citrullus spp.) seeds and derived products from Nigeria have been subjected to an increased level of official controls due to the risk of contamination by aflatoxins since January 2019. Those commodities have not been imported into the Union for more than three years. Therefore, the entry on watermelon (Egusi, Citrullus spp.) seeds and derived products from Nigeria in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, with a frequency of identity and physical checks set at 30 % of consignments entering the Union. Member States should continue to carry out controls to ensure that after the lifting of the special conditions, when trade potentially restarts, those commodities introduced into the Union comply with the relevant requirements provided for in Union legislation with respect to contamination by aflatoxins.

| (20) | Chinese celery (Apium graveolens) and yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) from Cambodia have been subjected to an increased level of official controls due to the risk of contamination by pesticide residues since October 2014. Those commodities have not been imported into the Union for more than three years. Therefore, their entries in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted. |
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(20)

Chinese celery (Apium graveolens) and yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) from Cambodia have been subjected to an increased level of official controls due to the risk of contamination by pesticide residues since October 2014. Those commodities have not been imported into the Union for more than three years. Therefore, their entries in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.

| (21) | Turnips (Brassica rapa ssp. rapa) from Lebanon have been subjected to an increased level of official controls due to the risk of contamination by Rhodamine B since July 2018. The official controls carried out on that commodity by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those controls provide evidence that the entry of that commodity into the Union constitutes a serious risk for human health. It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to the importation of turnips (Brassica rapa ssp. rapa) from Lebanon. In particular, all consignments of turnips (Brassica rapa ssp. rapa) from Lebanon should be accompanied by an official certificate stating that all the results of sampling and analyses show compliance with Union requirements. The results of sampling and analyses should be attached to that certificate. Therefore, the entry on turnips (Brassica rapa ssp. rapa) from Lebanon in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks set at 50 % of consignments entering the Union. |
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(21)

Turnips (Brassica rapa ssp. rapa) from Lebanon have been subjected to an increased level of official controls due to the risk of contamination by Rhodamine B since July 2018. The official controls carried out on that commodity by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those controls provide evidence that the entry of that commodity into the Union constitutes a serious risk for human health. It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to the importation of turnips (Brassica rapa ssp. rapa) from Lebanon. In particular, all consignments of turnips (Brassica rapa ssp. rapa) from Lebanon should be accompanied by an official certificate stating that all the results of sampling and analyses show compliance with Union requirements. The results of sampling and analyses should be attached to that certificate. Therefore, the entry on turnips (Brassica rapa ssp. rapa) from Lebanon in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks set at 50 % of consignments entering the Union.

| (22) | In relation to consignments of gotukola (Centella asiatica) and mukunuwenna (Alternanthera sessilis) from Sri Lanka, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pesticide residues was detected during official controls performed by the Member States in accordance with Articles 5 and 6 of Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 30 %. |
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(22)

In relation to consignments of gotukola (Centella asiatica) and mukunuwenna (Alternanthera sessilis) from Sri Lanka, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pesticide residues was detected during official controls performed by the Member States in accordance with Articles 5 and 6 of Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 30 %.

| (23) | Several CN codes or TARIC sub-divisions have been changed in the TARIC system. In order to allow for a more precise identification of commodities subject to increased official controls, it is appropriate to correct the TARIC sub-division for CN code ex 1211 90 86 in the entry on gotukola (Centella asiatica) from Sri Lanka in Annex I to Implementing Regulation (EU) 2019/1793. |
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(23)

Several CN codes or TARIC sub-divisions have been changed in the TARIC system. In order to allow for a more precise identification of commodities subject to increased official controls, it is appropriate to correct the TARIC sub-division for CN code ex 1211 90 86 in the entry on gotukola (Centella asiatica) from Sri Lanka in Annex I to Implementing Regulation (EU) 2019/1793.

| (24) | Locust beans (carob), locust beans seeds, not decorticated, crushed or ground, mucilages and thickeners, whether or not modified, derived from locust beans or locust beans seeds from Morocco have been subjected to an increased level of official controls due to the risk of contamination by ethylene oxide since January 2022. The official controls carried out on those commodities by the Member States indicate compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls is no longer justified for those commodities and their entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted. |
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(24)

Locust beans (carob), locust beans seeds, not decorticated, crushed or ground, mucilages and thickeners, whether or not modified, derived from locust beans or locust beans seeds from Morocco have been subjected to an increased level of official controls due to the risk of contamination by ethylene oxide since January 2022. The official controls carried out on those commodities by the Member States indicate compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls is no longer justified for those commodities and their entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.

| (25) | Groundnuts and products produced from groundnuts from Madagascar have been subjected to an increased level of official controls due to the risk of contamination by aflatoxins since April 2016. Those commodities have not been imported into the Union for more than three years. Therefore, their entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted. |
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(25)

Groundnuts and products produced from groundnuts from Madagascar have been subjected to an increased level of official controls due to the risk of contamination by aflatoxins since April 2016. Those commodities have not been imported into the Union for more than three years. Therefore, their entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.

| (26) | In relation to consignments of black eyed beans (Vigna unguiculata) from Madagascar, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of that commodity from Madagascar. That commodity should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 % of consignments entering the Union. |
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(26)

In relation to consignments of black eyed beans (Vigna unguiculata) from Madagascar, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of that commodity from Madagascar. That commodity should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 % of consignments entering the Union.

| (27) | Tomato ketchup and other tomato sauces from Mexico have been subjected to an increased level of official controls due to the risk of contamination by ethylene oxide since January 2022. The official controls carried out on those commodities by the Member States indicate compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls is no longer justified for those commodities and their entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted. |
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(27)

Tomato ketchup and other tomato sauces from Mexico have been subjected to an increased level of official controls due to the risk of contamination by ethylene oxide since January 2022. The official controls carried out on those commodities by the Member States indicate compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls is no longer justified for those commodities and their entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.

| (28) | Sesamum seeds from Nigeria have been subjected to an increased level of official controls due to the risk of contamination by Salmonella since July 2017. The official controls carried out on that commodity by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those controls provide evidence that the entry of that commodity into the Union constitutes a serious risk for human health. It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to the importation of Sesamum seeds from Nigeria. In particular, all consignments of Sesamum seeds from Nigeria should be accompanied by an official certificate stating that all the results of sampling and analyses show compliance with Union requirements. The results of sampling and analyses should be attached to that certificate. Therefore, the entry on Sesamum seeds from Nigeria in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks set at 50 % of consignments entering the Union. |
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(28)

Sesamum seeds from Nigeria have been subjected to an increased level of official controls due to the risk of contamination by Salmonella since July 2017. The official controls carried out on that commodity by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those controls provide evidence that the entry of that commodity into the Union constitutes a serious risk for human health. It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to the importation of Sesamum seeds from Nigeria. In particular, all consignments of Sesamum seeds from Nigeria should be accompanied by an official certificate stating that all the results of sampling and analyses show compliance with Union requirements. The results of sampling and analyses should be attached to that certificate. Therefore, the entry on Sesamum seeds from Nigeria in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks set at 50 % of consignments entering the Union.

| (29) | In relation to consignments of rice from Pakistan, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by aflatoxins and Ochratoxin A was detected during official controls performed by the Member States in accordance with Articles 5 and 6 of Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 10 %. |
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(29)

In relation to consignments of rice from Pakistan, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by aflatoxins and Ochratoxin A was detected during official controls performed by the Member States in accordance with Articles 5 and 6 of Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 10 %.

| (30) | Watermelon (Egusi, Citrullus spp.) seeds and derived products from Sierra Leone have been subjected to an increased level of official controls due to the risk of contamination by aflatoxins since April 2016. Those commodities have not been imported into the Union for more than three years. Therefore, their entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted. |
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(30)

Watermelon (Egusi, Citrullus spp.) seeds and derived products from Sierra Leone have been subjected to an increased level of official controls due to the risk of contamination by aflatoxins since April 2016. Those commodities have not been imported into the Union for more than three years. Therefore, their entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.

| (31) | Turnips (Brassica rapa ssp. rapa) from Syria have been subjected to an increased level of official controls due to the risk of contamination by Rhodamine B since July 2018. Data from Eurostat show that the trade volumes of that commodity imported into the Union are low and the official controls carried out on that commodity by the Member States indicate a satisfactory degree of compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls is no longer justified for that commodity and its entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted. |
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(31)

Turnips (Brassica rapa ssp. rapa) from Syria have been subjected to an increased level of official controls due to the risk of contamination by Rhodamine B since July 2018. Data from Eurostat show that the trade volumes of that commodity imported into the Union are low and the official controls carried out on that commodity by the Member States indicate a satisfactory degree of compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls is no longer justified for that commodity and its entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.

| (32) | In relation to consignments of lemons (Citrus limon, Citrus limonum) and grapefruits from Türkiye, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pesticide residues was detected during official controls performed by the Member States in accordance with Articles 5 and 6 of Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 30 %. |
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(32)

In relation to consignments of lemons (Citrus limon, Citrus limonum) and grapefruits from Türkiye, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pesticide residues was detected during official controls performed by the Member States in accordance with Articles 5 and 6 of Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 30 %.

| (33) | In relation to consignments of cumin seeds and dried oregano from Türkiye, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pyrrolizidine alkaloids was detected during official controls performed by the Member States in accordance with Articles 5 and 6 of Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 20 %. |
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(33)

In relation to consignments of cumin seeds and dried oregano from Türkiye, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pyrrolizidine alkaloids was detected during official controls performed by the Member States in accordance with Articles 5 and 6 of Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 20 %.

| (34) | In relation to consignments of Sesamum seeds from Türkiye, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks to human health, due to a possible contamination by Salmonella. It is therefore necessary to require an increased level of official controls on entries of that commodity from Türkiye. That commodity should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 20 % of consignments entering the Union. |
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(34)

In relation to consignments of Sesamum seeds from Türkiye, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks to human health, due to a possible contamination by Salmonella. It is therefore necessary to require an increased level of official controls on entries of that commodity from Türkiye. That commodity should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 20 % of consignments entering the Union.

| (35) | Okra from Vietnam has been subject to an increased level of official controls due to the risk of contamination by pesticide residues since January 2013. The official controls carried out on that commodity by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those controls provide evidence that the entry of that commodity into the Union constitutes a serious risk for human health. It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to the importation of okra from Vietnam. In particular, all consignments of okra from Vietnam should be accompanied by an official certificate stating that all the results of sampling and analyses show compliance with Union requirements. The results of sampling and analyses should be attached to that certificate. Therefore, the entry on okra from Vietnam in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks set at 50 % of consignments entering the Union. |
| --- | --- |

(35)

Okra from Vietnam has been subject to an increased level of official controls due to the risk of contamination by pesticide residues since January 2013. The official controls carried out on that commodity by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those controls provide evidence that the entry of that commodity into the Union constitutes a serious risk for human health. It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to the importation of okra from Vietnam. In particular, all consignments of okra from Vietnam should be accompanied by an official certificate stating that all the results of sampling and analyses show compliance with Union requirements. The results of sampling and analyses should be attached to that certificate. Therefore, the entry on okra from Vietnam in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks set at 50 % of consignments entering the Union.

| (36) | Coriander leaves, basil, mint and parsley from Vietnam have been subjected to an increased level of official controls due to the risk of contamination by pesticide residues since January 2013. Those commodities have not been imported into the Union for more than three years. Therefore, their entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted. |
| --- | --- |

(36)

Coriander leaves, basil, mint and parsley from Vietnam have been subjected to an increased level of official controls due to the risk of contamination by pesticide residues since January 2013. Those commodities have not been imported into the Union for more than three years. Therefore, their entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.

| (37) | Yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) from the Dominican Republic have been subjected to an increased level of official controls due to the risk of contamination by pesticide residues since January 2010. The official controls carried out by the Member States show improvement in compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls at the level of 50 % of consignments entering the Union is no longer justified for that commodity. However, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained. The corresponding entry in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 should be modified and the frequency of identity and physical checks decreased to 30 % of consignments entering the Union. |
| --- | --- |

(37)

Yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) from the Dominican Republic have been subjected to an increased level of official controls due to the risk of contamination by pesticide residues since January 2010. The official controls carried out by the Member States show improvement in compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls at the level of 50 % of consignments entering the Union is no longer justified for that commodity. However, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained. The corresponding entry in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 should be modified and the frequency of identity and physical checks decreased to 30 % of consignments entering the Union.

| (38) | Peppers of the genus Capsicum (sweet or other than sweet) from India have been subjected to an increased level of official controls due to the risk of contamination by aflatoxins since January 2019. The official controls carried out by the Member States show improvement in compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls at the level of 20 % of consignments entering the Union is no longer justified for that commodity. However, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained. The corresponding entry in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 should be modified and the frequency of identity and physical checks decreased to 10 % of consignments entering the Union. |
| --- | --- |

(38)

Peppers of the genus Capsicum (sweet or other than sweet) from India have been subjected to an increased level of official controls due to the risk of contamination by aflatoxins since January 2019. The official controls carried out by the Member States show improvement in compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls at the level of 20 % of consignments entering the Union is no longer justified for that commodity. However, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained. The corresponding entry in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 should be modified and the frequency of identity and physical checks decreased to 10 % of consignments entering the Union.

| (39) | Several dried spices (pepper of the genus Piper, vanilla, cinnamon, cloves, nutmeg, mace and cardamoms, seeds of anise, badian, fennel, coriander, cumin or caraway, juniper berries, ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices) from India are listed in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 in one entry. To allow for a better evaluation of the data from official controls performed by the Member States and to establish more targeted measures for those dried spices from India which may cause public health concerns, it is necessary to divide the entry by commodities and CN codes. Consignments of all the aforesaid dried spices entering the Union should be checked with a frequency of identity and physical checks set at 20 %. |
| --- | --- |

(39)

Several dried spices (pepper of the genus Piper, vanilla, cinnamon, cloves, nutmeg, mace and cardamoms, seeds of anise, badian, fennel, coriander, cumin or caraway, juniper berries, ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices) from India are listed in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 in one entry. To allow for a better evaluation of the data from official controls performed by the Member States and to establish more targeted measures for those dried spices from India which may cause public health concerns, it is necessary to divide the entry by commodities and CN codes. Consignments of all the aforesaid dried spices entering the Union should be checked with a frequency of identity and physical checks set at 20 %.

| (40) | In relation to consignments of calcium carbonate from India, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by ethylene oxide was detected during official controls performed by the Member States in accordance with Articles 7 and 8 of Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 30 %. |
| --- | --- |

(40)

In relation to consignments of calcium carbonate from India, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by ethylene oxide was detected during official controls performed by the Member States in accordance with Articles 7 and 8 of Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 30 %.

| (41) | In relation to consignments of dried figs and products derived from dried figs from Türkiye, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by aflatoxins was detected during official controls performed by the Member States in accordance with Articles 7 and 8 of Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 30 %. |
| --- | --- |

(41)

In relation to consignments of dried figs and products derived from dried figs from Türkiye, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by aflatoxins was detected during official controls performed by the Member States in accordance with Articles 7 and 8 of Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 30 %.

| (42) | In relation to consignments of vanilla extract from the United States, data from RASFF notifications indicate the emergence of new risks to human health requiring special import conditions, due to the risk of contamination by ethylene oxide. Consignments of that commodity should be accompanied by an official certificate stating that results of sampling and analysis show compliance with Regulation (EC) No 396/2005 on maximum residue levels of ethylene oxide. The results of the sampling and analyses should be attached to that certificate. Therefore, an entry on vanilla extract from the United States should be included in point 1 of Annex II to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 20 % of consignments entering the Union. |
| --- | --- |

(42)

In relation to consignments of vanilla extract from the United States, data from RASFF notifications indicate the emergence of new risks to human health requiring special import conditions, due to the risk of contamination by ethylene oxide. Consignments of that commodity should be accompanied by an official certificate stating that results of sampling and analysis show compliance with Regulation (EC) No 396/2005 on maximum residue levels of ethylene oxide. The results of the sampling and analyses should be attached to that certificate. Therefore, an entry on vanilla extract from the United States should be included in point 1 of Annex II to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 20 % of consignments entering the Union.

| (43) | In order to clarify that also raw materials for the production of food supplements are subject to increased official controls and special conditions at their entry into the Union, an appropriate endnote should be added to Annex I and point 1 of Annex II to Implementing Regulation (EU) 2019/1793. |
| --- | --- |

(43)

In order to clarify that also raw materials for the production of food supplements are subject to increased official controls and special conditions at their entry into the Union, an appropriate endnote should be added to Annex I and point 1 of Annex II to Implementing Regulation (EU) 2019/1793.

| (44) | In order to ensure an acceptable level of detection of residues of Sudan dyes in palm oil and Rhodamine B in turnips (Brassica rapa ssp. Rapa) for those commodities to be allowed entry into the Union, appropriate wording should be added to the endnotes in Annex I and point 1 of Annex II to Implementing Regulation (EU) 2019/1793. |
| --- | --- |

(44)

In order to ensure an acceptable level of detection of residues of Sudan dyes in palm oil and Rhodamine B in turnips (Brassica rapa ssp. Rapa) for those commodities to be allowed entry into the Union, appropriate wording should be added to the endnotes in Annex I and point 1 of Annex II to Implementing Regulation (EU) 2019/1793.

| (45) | The existing model official certificate in Annex IV to Implementing Regulation (EU) 2019/1793 does not cover all hazards mentioned in Annex II to that Implementing Regulation. With a view to ensuring a proper control of the risks to public health, the model official certificate in Annex IV to Implementing Regulation (EU) 2019/1793 should therefore be amended to provide the possibility of certifying compliance with the Union requirements in relation to all hazards mentioned in Annex II to that Implementing Regulation. |
| --- | --- |

(45)

The existing model official certificate in Annex IV to Implementing Regulation (EU) 2019/1793 does not cover all hazards mentioned in Annex II to that Implementing Regulation. With a view to ensuring a proper control of the risks to public health, the model official certificate in Annex IV to Implementing Regulation (EU) 2019/1793 should therefore be amended to provide the possibility of certifying compliance with the Union requirements in relation to all hazards mentioned in Annex II to that Implementing Regulation.

| (46) | In order to ensure legal certainty for the entry into the Union of consignments that have already been dispatched from the country of origin or from another third country if that country is different from the country of origin, when this Regulation enters into force, it is appropriate to provide for a transitional period for consignments of groundnuts and products produced from groundnuts from Bolivia, curry leaves (Bergera/Murrava koenigii) from India, turnips (Brassica rapa ssp. rapa) from Lebanon, Sesamum seeds from Nigeria, vanilla extract from the United States and okra from Vietnam, which are not accompanied by the results of sampling and analyses and an official certificate. At the same time, public health protection is ensured for consignments of groundnuts and products produced from groundnuts from Bolivia, curry leaves (Bergera/Murrava koenigii) from India, turnips (Brassica rapa ssp. rapa) from Lebanon, Sesamum seeds from Nigeria and okra from Vietnam, since those commodities are subject to identity and physical checks at a frequency of 50 % of consignments entering the Union, and for vanilla extract from the United States which is subject to identity and physical checks at a frequency of 20 % of consignments entering the Union. |
| --- | --- |

(46)

In order to ensure legal certainty for the entry into the Union of consignments that have already been dispatched from the country of origin or from another third country if that country is different from the country of origin, when this Regulation enters into force, it is appropriate to provide for a transitional period for consignments of groundnuts and products produced from groundnuts from Bolivia, curry leaves (Bergera/Murrava koenigii) from India, turnips (Brassica rapa ssp. rapa) from Lebanon, Sesamum seeds from Nigeria, vanilla extract from the United States and okra from Vietnam, which are not accompanied by the results of sampling and analyses and an official certificate. At the same time, public health protection is ensured for consignments of groundnuts and products produced from groundnuts from Bolivia, curry leaves (Bergera/Murrava koenigii) from India, turnips (Brassica rapa ssp. rapa) from Lebanon, Sesamum seeds from Nigeria and okra from Vietnam, since those commodities are subject to identity and physical checks at a frequency of 50 % of consignments entering the Union, and for vanilla extract from the United States which is subject to identity and physical checks at a frequency of 20 % of consignments entering the Union.

| (47) | Implementing Regulation (EU) 2019/1793 should therefore be amended accordingly. In order to ensure consistency and clarity, it is appropriate to replace Annexes I and II to Implementing Regulation (EU) 2019/1793 in their entirety by the text set out in the Annex to this Regulation. |
| --- | --- |

(47)

Implementing Regulation (EU) 2019/1793 should therefore be amended accordingly. In order to ensure consistency and clarity, it is appropriate to replace Annexes I and II to Implementing Regulation (EU) 2019/1793 in their entirety by the text set out in the Annex to this Regulation.

| (48) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(48)

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

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) 2019/1793 is amended as follows:

| (1) | Article 14 is replaced by the following:

  ‘Article 14
  Transitional period
  Consignments of groundnuts and products produced from groundnuts from Bolivia, curry leaves (Bergera/Murrava koenigii) from India, turnips (Brassica rapa ssp. rapa) from Lebanon, Sesamum seeds from Nigeria, vanilla extract from the United States and okra from Vietnam, which have been dispatched from the country of origin, or from another third country if that country is different from the country of origin, before the date of entry into force of Commission Implementing Regulation (EU) 2023/174 (*1), may enter the Union until 16 October 2023 without being accompanied by the results of sampling and analyses and the official certificate provided for in Articles 10 and 11.


  (*1)  Commission Implementing Regulation (EU) 2023/174 of 26 January 2023 Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council (OJ L 25, 27.1.2023, p. 36.’;" |
| --- | --- |

(1)

Article 14 is replaced by the following:

‘Article 14

Transitional period

Consignments of groundnuts and products produced from groundnuts from Bolivia, curry leaves (Bergera/Murrava koenigii) from India, turnips (Brassica rapa ssp. rapa) from Lebanon, Sesamum seeds from Nigeria, vanilla extract from the United States and okra from Vietnam, which have been dispatched from the country of origin, or from another third country if that country is different from the country of origin, before the date of entry into force of Commission Implementing Regulation (EU) 2023/174 (*1), may enter the Union until 16 October 2023 without being accompanied by the results of sampling and analyses and the official certificate provided for in Articles 10 and 11.

(*1)  Commission Implementing Regulation (EU) 2023/174 of 26 January 2023 Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council (OJ L 25, 27.1.2023, p. 36.’;"

*1

| (2) | Annexes I and II are replaced by the text set out in the Annex to this Regulation; |
| --- | --- |

(2)

Annexes I and II are replaced by the text set out in the Annex to this Regulation;

| (3) | in Part II of the model official certificate in Annex IV, the following point II.2.5 is added:

  ‘(3) And/Or
  [II.2.5.   ☐ Certification for ... (indicate the commodity) listed in Annex II to Implementing Regulation (EU) 2019/1793, including for compound food listed in that Annex, due to contamination risk by ... (indicate hazard other than the hazards referred to in points II.2.1 to II.2.4)







  — | from the consignment described above, samples were taken in accordance with Directive 2002/63/EC on ... (date), subject to laboratory analyses on ... (date) in the ... (name of the laboratory) with methods covering at least the hazards identified in Annex II to Implementing Regulation (EU) 2019/1793. |
| --- | --- | --- |

(3)

in Part II of the model official certificate in Annex IV, the following point II.2.5 is added:

‘(3) And/Or

3

[II.2.5.   ☐ Certification for ... (indicate the commodity) listed in Annex II to Implementing Regulation (EU) 2019/1793, including for compound food listed in that Annex, due to contamination risk by ... (indicate hazard other than the hazards referred to in points II.2.1 to II.2.4)

☐ Certification for ... (indicate the commodity) listed in Annex II to Implementing Regulation (EU) 2019/1793, including for compound food listed in that Annex, due to contamination risk by ... (indicate hazard other than the hazards referred to in points II.2.1 to II.2.4)

—

from the consignment described above, samples were taken in accordance with Directive 2002/63/EC on ... (date), subject to laboratory analyses on ... (date) in the ... (name of the laboratory) with methods covering at least the hazards identified in Annex II to Implementing Regulation (EU) 2019/1793.

| — | The details of the methods of laboratory analyses and all results are attached and show compliance with Union legislation.]’. |
| --- | --- |

—

The details of the methods of laboratory analyses and all results are attached and show compliance with Union legislation.]’.

Article 2

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

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

Done at Brussels, 26 January 2023.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 31, 1.2.2002, p. 1.

1

(2)  
  OJ L 95, 7.4.2017, p. 1.

2

(3)  Commission Implementing Regulation (EU) 2019/1793 of 22 October 2019 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660 (OJ L 277, 29.10.2019, p. 89).

3

(4)  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).

4

(5)  Hereinafter understood as the State of Israel, excluding the territories under the administration of the State of Israel after 5 June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

5

---

ANNEX

‘ANNEX I

Food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border control posts and control points

| Row | Country of origin | Food and feed (intended use) | CN code (1) | TARIC sub-division | Hazard | Frequency of identity and physical checks (%) |
| --- | --- | --- | --- | --- | --- | --- |
| 1 | Azerbaijan (AZ) | — | Hazelnuts (Corylus sp.), in shell |

Row

Country of origin

Food and feed (intended use)

CN code (1)

TARIC sub-division

Hazard

Frequency of identity and physical checks (%)

1

Azerbaijan (AZ)

—

Hazelnuts (Corylus sp.), in shell

0802 21 00

Aflatoxins

20

| — | Hazelnuts (Corylus sp.), shelled |
| --- | --- |

—

Hazelnuts (Corylus sp.), shelled

0802 22 00

| — | Mixtures of nuts or dried fruits containing hazelnuts |
| --- | --- |

—

Mixtures of nuts or dried fruits containing hazelnuts

ex 0813 50 39 ;

70

ex 0813 50 91 ;

70

ex 0813 50 99

70

| — | Hazelnut paste |
| --- | --- |

—

Hazelnut paste

ex 2007 10 10 ;

70

ex 2007 10 99 ;

40

ex 2007 99 39 ;

05; 06

ex 2007 99 50 ;

33

ex 2007 99 97

23

| — | Hazelnuts, otherwise prepared or preserved, including mixtures |
| --- | --- |

—

Hazelnuts, otherwise prepared or preserved, including mixtures

ex 2008 19 12 ;

30

ex 2008 19 19 ;

30

ex 2008 19 92 ;

30

ex 2008 19 95 ;

20

ex 2008 19 99 ;

30

ex 2008 97 12 ;

15

ex 2008 97 14 ;

15

ex 2008 97 16 ;

15

ex 2008 97 18 ;

15

ex 2008 97 32 ;

15

ex 2008 97 34 ;

15

ex 2008 97 36 ;

15

ex 2008 97 38 ;

15

ex 2008 97 51 ;

15

ex 2008 97 59 ;

15

ex 2008 97 72 ;

15

ex 2008 97 74 ;

15

ex 2008 97 76 ;

15

ex 2008 97 78 ;

15

ex 2008 97 92 ;

15

ex 2008 97 93 ;

15

ex 2008 97 94 ;

15

ex 2008 97 96 ;

15

ex 2008 97 97 ;

15

ex 2008 97 98 ;

15

| — | Flours, meals and powder of hazelnuts |
| --- | --- |

—

Flours, meals and powder of hazelnuts

ex 1106 30 90

40

| — | Hazelnut oil |
| --- | --- |

—

Hazelnut oil

ex 1515 90 99

20

(Food)

2

Brazil (BR)

| — | Brazil nuts in shell |
| --- | --- |

—

Brazil nuts in shell

0801 21 00 ;

Aflatoxins

50

| — | Mixtures of nuts or dried fruits containing Brazil nuts in shell |
| --- | --- |

—

Mixtures of nuts or dried fruits containing Brazil nuts in shell

ex 0813 50 31 ;

20

ex 0813 50 39 ;

20

ex 0813 50 91 ;

20

(Food)

ex 0813 50 99

20

| — | Groundnuts (peanuts), in shell |
| --- | --- |

—

Groundnuts (peanuts), in shell

1202 41 00

Pesticide residues (3)

30

| — | Groundnuts (peanuts), shelled |
| --- | --- |

—

Groundnuts (peanuts), shelled

1202 42 00

| — | Peanut butter |
| --- | --- |

—

Peanut butter

2008 11 10

| — | Groundnuts (peanuts), otherwise prepared or preserved |
| --- | --- |

—

Groundnuts (peanuts), otherwise prepared or preserved

2008 11 91 ;

2008 11 96 ;

2008 11 98

| — | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil |
| --- | --- |

—

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

2305 00 00

| — | Groundnut flours and meals |
| --- | --- |

—

Groundnut flours and meals

ex 1208 90 00

20

| — | Groundnuts paste |
| --- | --- |

—

Groundnuts paste

ex 2007 10 10

80

(
  Food and feed
  )

ex 2007 10 99

50

ex 2007 99 39

07; 08

3

Côte d’Ivoire (CI)

Palm oil

1511 10 90

Sudan dyes (16)

20

(Food)

1511 90 11

ex 1511 90 19

90

1511 90 99

4

China (CN)

| — | Groundnuts (peanuts), in shell |
| --- | --- |

—

Groundnuts (peanuts), in shell

1202 41 00

Aflatoxins

10

| — | Groundnuts (peanuts), shelled |
| --- | --- |

—

Groundnuts (peanuts), shelled

1202 42 00

| — | Peanut butter |
| --- | --- |

—

Peanut butter

2008 11 10

| — | Groundnuts (peanuts), otherwise prepared or preserved |
| --- | --- |

—

Groundnuts (peanuts), otherwise prepared or preserved

2008 11 91 ;

2008 11 96 ;

2008 11 98

| — | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil |
| --- | --- |

—

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

2305 00 00

| — | Groundnut flours and meals |
| --- | --- |

—

Groundnut flours and meals

ex 1208 90 00

20

| — | Groundnuts paste |
| --- | --- |

—

Groundnuts paste

ex 2007 10 10

80

(
  Food and feed
  )

ex 2007 10 99

50

ex 2007 99 39

07; 08

Sweet peppers (Capsicum annuum)

(Food – crushed or ground)

ex 0904 22 00

11

Salmonella
   (4)

10

Tea, whether or not flavoured

(Food)

0902

Pesticide residues (3)
   (5)

20

5

Colombia (CO)

Granadilla and passion fruit (Passiflora ligularis and Passiflora edulis)

(Food)

ex 0810 90 20

30

Pesticide residues (3)

10

6

Egypt (EG)

| — | Sweet peppers (Capsicum annuum) |
| --- | --- |

—

Sweet peppers (Capsicum annuum)

0709 60 10

0710 80 51

Pesticide residues (3)
   (6)

20

| — | Peppers of the genus Capsicum (other than sweet) |
| --- | --- |

—

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99

20

ex 0710 80 59

20

Oranges

(Food – fresh or dried)

0805 10

Pesticide residues (3)

20

7

Georgia (GE)

| — | Hazelnuts (Corylus sp.), in shell |
| --- | --- |

—

Hazelnuts (Corylus sp.), in shell

0802 21 00

Aflatoxins

30

| — | Hazelnuts (Corylus sp.), shelled |
| --- | --- |

—

Hazelnuts (Corylus sp.), shelled

0802 22 00

| — | Mixtures of nuts or dried fruits containing hazelnuts |
| --- | --- |

—

Mixtures of nuts or dried fruits containing hazelnuts

ex 0813 50 39 ;

70

ex 0813 50 91 ;

70

ex 0813 50 99

70

| — | Hazelnut paste |
| --- | --- |

—

Hazelnut paste

ex 2007 10 10 ;

70

ex 2007 10 99 ;

40

ex 2007 99 39 ;

05; 06

ex 2007 99 50 ;

33

ex 2007 99 97

23

| — | Hazelnuts, otherwise prepared or preserved, including mixtures |
| --- | --- |

—

Hazelnuts, otherwise prepared or preserved, including mixtures

ex 2008 19 12 ;

30

ex 2008 19 19 ;

30

ex 2008 19 92 ;

30

ex 2008 19 95 ;

20

ex 2008 19 99 ;

30

ex 2008 97 12 ;

15

ex 2008 97 14 ;

15

ex 2008 97 16 ;

15

ex 2008 97 18 ;

15

ex 2008 97 32 ;

15

ex 2008 97 34 ;

15

ex 2008 97 36 ;

15

ex 2008 97 38 ;

15

ex 2008 97 51 ;

15

ex 2008 97 59 ;

15

ex 2008 97 72 ;

15

ex 2008 97 74 ;

15

ex 2008 97 76 ;

15

ex 2008 97 78 ;

15

ex 2008 97 92 ;

15

ex 2008 97 93 ;

15

ex 2008 97 94 ;

15

ex 2008 97 96 ;

15

ex 2008 97 97 ;

15

ex 2008 97 98 ;

15

| — | Flours, meals and powder of hazelnuts |
| --- | --- |

—

Flours, meals and powder of hazelnuts

ex 1106 30 90

40

| — | Hazelnut oil |
| --- | --- |

—

Hazelnut oil

ex 1515 90 99

20

(Food)

8

Israel (IL)
   (18)

Basil (Ocimum basilicum)

(Food)

ex 12 11 90 86

20

Pesticide residues (3)

10

Mint (Mentha)

(Food)

ex 12 11 90 86

30

Pesticide residues (3)

10

9

India (IN)

Betel leaves (Piper betle L.)

(Food)

ex 1404 90 00  (10)

10

Salmonella
   (6)

30

Okra

ex 0709 99 90 ;

20

Pesticide residues (3)
   (7)
   (15)

20

(Food – fresh, chilled or frozen)

ex 0710 80 95

30

Drumsticks (Moringa oleifera)

(Food fresh, chilled or frozen)

ex 0709 99 90

ex 0710 80 95

10

75

Pesticide residues (3)

10

Rice

(Food)

1006

Aflatoxins and

Ochratoxin A

5

Pesticide residues (3)

5

Yardlong beans

(Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata)

(Food – fresh, chilled or frozen vegetables)

ex 0708 20 00 ;

ex 0710 22 00

10

10

Pesticide residues (3)

20

Guava (Psidium guajava)

(Food)

ex 0804 50 00

30

Pesticide residues (3)

20

Nutmeg (Myristica fragrans)

(Food – dried spices)

0908 11 00 ;

0908 12 00

Aflatoxins

30

10

Kenya (KE)

Beans (Vigna spp., Phaseolus spp.)

0708 20

Pesticide residues (3)

10

(Food – fresh or chilled)

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99 ;

20

Pesticide residues (3)

20

ex 0710 80 59

20

11

South Korea (KR)

Food supplements containing botanicals (17)

(Food)

ex 1302

ex 2106

Pesticide residues (15)

30

12

Sri Lanka (LK)

Gotukola (Centella asiatica)

(Food)

ex 1211 90 86

60

Pesticide residues (3)

30

Mukunuwenna (Alternanthera sessilis)

(Food)

ex 0709 99 90

35

Pesticide residues (3)

30

13

Madagascar (MG)

Black eyed beans (Vigna unguiculata)

(Food)

0713 35 00

Pesticide residues (3)

10

14

Malaysia (MY)

Jackfruit (Artocarpus heterophyllus)

(Food – fresh)

ex 0810 90 20

20

Pesticide residues (3)

50

| — | Locust beans (carob) |
| --- | --- |

—

Locust beans (carob)

1212 92 00

Pesticide residues (15)

30

| — | Locust beans seeds, not decorticated, crushed or ground |
| --- | --- |

—

Locust beans seeds, not decorticated, crushed or ground

1212 99 41

| — | Mucilages and thickeners, whether or not modified, derived from locust beans or locust beans seeds |
| --- | --- |

—

Mucilages and thickeners, whether or not modified, derived from locust beans or locust beans seeds

(Food and feed)

1302 32 10

15

Nigeria (NG)

Watermelon (Egusi, Citrullus spp.) seeds and derived products

(Food)

ex 1207 70 00 ;

10

Aflatoxins

30

ex 1208 90 00 ;

10

ex 2008 99 99

50

16

Pakistan (PK)

Spice mixes

(Food)

0910 91 10 ;

0910 91 90

Aflatoxins

50

Rice

(Food)

1006

Aflatoxins and

Ochratoxin A

10

Pesticide residues (3)

5

17

Rwanda (RW)

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99 ;

20

Pesticide residues (3)

20

ex 0710 80 59

20

18

Senegal (SN)

| — | Groundnuts (peanuts), in shell |
| --- | --- |

—

Groundnuts (peanuts), in shell

1202 41 00

Aflatoxins

50

| — | Groundnuts (peanuts), shelled |
| --- | --- |

—

Groundnuts (peanuts), shelled

1202 42 00

| — | Peanut butter |
| --- | --- |

—

Peanut butter

2008 11 10

| — | Groundnuts (peanuts), otherwise prepared or preserved |
| --- | --- |

—

Groundnuts (peanuts), otherwise prepared or preserved

2008 11 91 ;

2008 11 96 ;

2008 11 98

| — | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil |
| --- | --- |

—

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

2305 00 00

| — | Groundnut flours and meals |
| --- | --- |

—

Groundnut flours and meals

ex 1208 90 00

20

| — | Groundnuts paste |
| --- | --- |

—

Groundnuts paste

ex 2007 10 10

80

(
  Food and feed
  )

ex 2007 10 99

50

ex 2007 99 39

07; 08

19

Thailand (TH)

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99 ;

20

Pesticide residues (3)
   (8)

30

ex 0710 80 59

20

20

Türkiye (TR)

Lemons (Citrus limon, Citrus

limonum)

(
  Food – fresh, chilled or dried
  )

0805 50 10

Pesticide residues (3)

30

Grapefruits

(Food)

0805 40 00

Pesticide residues (3)

30

Pomegranates

(Food – fresh or chilled)

ex 0810 90 75

30

Pesticide residues (3)
   (9)

20

| — | Sweet peppers (Capsicum annuum) |
| --- | --- |

—

Sweet peppers (Capsicum annuum)

0709 60 10

0710 80 51

Pesticide residues (3)
   (10)

20

| — | Peppers of the genus Capsicum (other than sweet) |
| --- | --- |

—

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99

ex 0710 80 59

20

20

Unprocessed whole, ground, milled, cracked, chopped apricot kernels intended to be placed on the market for the final consumer (11)
   (12)

(Food)

ex 1212 99 95

20

Cyanide

50

| — | Cumin seeds |
| --- | --- |

—

Cumin seeds

0909 31 00

Pyrrolizidine alkaloids

20

| — | Cumin seeds crushed or ground |
| --- | --- |

—

Cumin seeds crushed or ground

(Food)

0909 32 00

Dried oregano

(Food)

ex 1211 90 86

40

Pyrrolizidine alkaloids

20

Sesamum seeds

(Food)

1207 40 90

Salmonella
   (2)

20

ex 2008 19 19

40

ex 2008 19 99

40

21

Uganda (UG)

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99 ;

20

Pesticide residues (3)

50

ex 0710 80 59

20

Pesticide residues (15)

10

22

United States (US)

| — | Groundnuts (peanuts), in shell |
| --- | --- |

—

Groundnuts (peanuts), in shell

1202 41 00

Aflatoxins

20

| — | Groundnuts (peanuts), shelled |
| --- | --- |

—

Groundnuts (peanuts), shelled

1202 42 00

| — | Peanut butter |
| --- | --- |

—

Peanut butter

2008 11 10

| — | Groundnuts (peanuts), otherwise prepared or preserved |
| --- | --- |

—

Groundnuts (peanuts), otherwise prepared or preserved

2008 11 91 ;

2008 11 96 ;

2008 11 98

| — | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil |
| --- | --- |

—

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

2305 00 00

| — | Groundnut flours and meals |
| --- | --- |

—

Groundnut flours and meals

ex 1208 90 00

20

| — | Groundnuts paste |
| --- | --- |

—

Groundnuts paste

ex 2007 10 10

80

(
  Food and feed
  )

ex 2007 10 99

50

ex 2007 99 39

07; 08

23

Uzbekistan (UZ)

Dried apricots

0813 10 00

Sulphites (13)

50

Apricots, otherwise prepared or preserved

2008 50

(Food)

24

Vietnam (VN)

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99 ;

20

Pesticide residues (3)
   (14)

50

ex 0710 80 59

20

ANNEX II

Food and feed from certain third countries subject to special conditions for the entry into the Union due to contamination risk by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins, microbiological contamination, Sudan dyes and Rhodamine B

1.   Food and feed of non-animal origin referred to in Article 1(1), point (b)(i)

| Row | Country of origin | Food and feed (intended use) | CN code (19) | TARIC sub-division | Hazard | Frequency of identity and physical checks (%) |
| --- | --- | --- | --- | --- | --- | --- |
| 1 | Bangladesh (BD) | Foodstuffs containing or consisting of betel leaves (Piper betle)


  (Food) | ex 1404 90 00  (27) | 10 | Salmonella
   (24) | 50 |
| 2 | Bolivia (BO) | — | Groundnuts (peanuts), in shell |

Row

Country of origin

Food and feed (intended use)

CN code (19)

TARIC sub-division

Hazard

Frequency of identity and physical checks (%)

1

Bangladesh (BD)

Foodstuffs containing or consisting of betel leaves (Piper betle)

(Food)

ex 1404 90 00  (27)

10

Salmonella
   (24)

50

2

Bolivia (BO)

—

Groundnuts (peanuts), in shell

1202 41 00

| — | Groundnuts (peanuts), shelled |
| --- | --- |

—

Groundnuts (peanuts), shelled

1202 42 00

| — | Peanut butter |
| --- | --- |

—

Peanut butter

2008 11 10

| — | Groundnuts (peanuts), otherwise prepared or preserved |
| --- | --- |

—

Groundnuts (peanuts), otherwise prepared or preserved

2008 11 91 ;

Aflatoxins

50

2008 11 96 ;

2008 11 98

| — | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil |
| --- | --- |

—

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

2305 00 00

| — | Groundnut flours and meals |
| --- | --- |

—

Groundnut flours and meals

ex 1208 90 00

20

| — | Groundnuts paste |
| --- | --- |

—

Groundnuts paste

ex 2007 10 10

80

(
  Food and feed
  )

ex 2007 10 99

50

ex 2007 99 39

07; 08

3

Brazil (BR)

Black pepper (Piper nigrum)

(Food – neither crushed nor

ground)

ex 0904 11 00

10

Salmonella
   (20)

50

4

China (CN)

Xanthan gum

(Food and feed)

ex 3913 90 00

40

Pesticide residues (28)

20

5

Dominican

Republic (DO)

Aubergines (Solanum

melongena)

0709 30 00

Pesticide residues (22)

50

(Food – fresh or chilled)

| — | Sweet peppers (Capsicum annuum) |
| --- | --- |

—

Sweet peppers (Capsicum annuum)

0709 60 10

Pesticide residues (22)
   (31)

50

0710 80 51

| — | Peppers of the genus Capsicum (other than sweet) |
| --- | --- |

—

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99

20

ex 0710 80 59

20

Yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata)

(Food – fresh, chilled or frozen)

ex 0708 20 00

10

Pesticide residues (22)
   (30)

30

ex 0710 22 00

10

| — | Groundnuts (peanuts), in shell |
| --- | --- |

—

Groundnuts (peanuts), in shell

1202 41 00

| — | Groundnuts (peanuts), shelled |
| --- | --- |

—

Groundnuts (peanuts), shelled

1202 42 00

| — | Peanut butter |
| --- | --- |

—

Peanut butter

2008 11 10

6

Egypt (EG)

| — | Groundnuts (peanuts), otherwise prepared or preserved, including mixtures |
| --- | --- |

—

Groundnuts (peanuts), otherwise prepared or preserved, including mixtures

2008 11 91 ;

2008 11 96 ;

2008 11 98 ;

Aflatoxins

20

ex 2008 19 12 ;

40

ex 2008 19 19 ;

50

ex 2008 19 92 ;

40

ex 2008 19 95 ;

40

ex 2008 19 99

50

| — | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil |
| --- | --- |

—

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

2305 00 00

| — | Groundnut flours and meals |
| --- | --- |

—

Groundnut flours and meals

ex 1208 90 00

20

| — | Groundnuts paste |
| --- | --- |

—

Groundnuts paste

ex 2007 10 10

80

(
  Food and feed
  )

ex 2007 10 99

50

ex 2007 99 39

07; 08

7

Ethiopia (ET)

| — | Pepper of the genus Piper; dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta |
| --- | --- |

—

Pepper of the genus Piper; dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta

0904

Aflatoxins

50

| — | Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices |
| --- | --- |

—

Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices

(Food – dried spices)

0910

Sesamum seeds

(Food)

1207 40 90

Salmonella
   (24)

50

ex 2008 19 19

40

ex 2008 19 99

40

8

Ghana (GH)

| — | Groundnuts (peanuts), in shell |
| --- | --- |

—

Groundnuts (peanuts), in shell

1202 41 00

Aflatoxins

50

| — | Groundnuts (peanuts), shelled |
| --- | --- |

—

Groundnuts (peanuts), shelled

1202 42 00

| — | Peanut butter |
| --- | --- |

—

Peanut butter

2008 11 10

| — | Groundnuts (peanuts), otherwise prepared or preserved, including mixtures |
| --- | --- |

—

Groundnuts (peanuts), otherwise prepared or preserved, including mixtures

2008 11 91 ;

2008 11 96 ;

2008 11 98 ;

ex 2008 19 12 ;

40

ex 2008 19 19 ;

50

ex 2008 19 92 ;

40

ex 2008 19 95 ;

40

ex 2008 19 99

50

| — | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil |
| --- | --- |

—

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

2305 00 00

| — | Groundnut flours and meals |
| --- | --- |

—

Groundnut flours and meals

ex 1208 90 00

20

| — | Groundnuts paste |
| --- | --- |

—

Groundnuts paste

ex 2007 10 10

80

(
  Food and feed
  )

ex 2007 10 99

50

ex 2007 99 39

07; 08

Palm oil

1511 10 90

Sudan dyes (29)

50

(Food)

1511 90 11

ex 1511 90 19

90

1511 90 99

9

Gambia (GM)

| — | Groundnuts (peanuts), in shell |
| --- | --- |

—

Groundnuts (peanuts), in shell

1202 41 00

Aflatoxins

50

| — | Groundnuts (peanuts), shelled |
| --- | --- |

—

Groundnuts (peanuts), shelled

1202 42 00

| — | Peanut butter |
| --- | --- |

—

Peanut butter

2008 11 10

| — | Groundnuts (peanuts), otherwise prepared or preserved, including mixtures |
| --- | --- |

—

Groundnuts (peanuts), otherwise prepared or preserved, including mixtures

2008 11 91 ;

2008 11 96 ;

2008 11 98 ;

ex 2008 19 12 ;

40

ex 2008 19 19 ;

50

ex 2008 19 92 ;

40

ex 2008 19 95 ;

40

ex 2008 19 99

50

| — | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil |
| --- | --- |

—

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

2305 00 00

| — | Groundnut flours and meals |
| --- | --- |

—

Groundnut flours and meals

ex 1208 90 00

20

| — | Groundnuts paste |
| --- | --- |

—

Groundnuts paste

ex 2007 10 10

80

(
  Food and feed
  )

ex 2007 10 99

50

ex 2007 99 39

07; 08

10

Indonesia (ID)

Nutmeg (Myristica fragrans)

(Food – dried spices)

0908 11 00 ;

0908 12 00

Aflatoxins

30

11

India (IN)

Curry leaves (Bergera/Murraya koenigii)

(Food – fresh, chilled, frozen or dried)

ex 1211 90 86

10

Pesticide residues (22)
   (31)

50

Peppers of the genus Capsicum (sweet or other than sweet)

0904 21 10

ex 0904 22 00

11; 19

(Food – dried, roasted, crushed or ground)

ex 0904 21 90

20

Aflatoxins

10

ex 2005 99 10

10; 90

ex 2005 99 80

94

| — | Groundnuts (peanuts), in shell |
| --- | --- |

—

Groundnuts (peanuts), in shell

1202 41 00

| — | Groundnuts (peanuts), shelled |
| --- | --- |

—

Groundnuts (peanuts), shelled

1202 42 00

| — | Peanut butter |
| --- | --- |

—

Peanut butter

2008 11 10

| — | Groundnuts (peanuts), otherwise prepared or preserved, including mixtures |
| --- | --- |

—

Groundnuts (peanuts), otherwise prepared or preserved, including mixtures

2008 11 91 ;

2008 11 96 ;

2008 11 98 ;

ex 2008 19 12 ;

40

ex 2008 19 19 ;

50

Aflatoxins

50

ex 2008 19 92 ;

40

ex 2008 19 95 ;

40

ex 2008 19 99

50

| — | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil |
| --- | --- |

—

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

2305 00 00

| — | Groundnut flours and meals |
| --- | --- |

—

Groundnut flours and meals

ex 1208 90 00

20

| — | Groundnuts paste |
| --- | --- |

—

Groundnuts paste

ex 2007 10 10

80

(
  Food and feed
  )

ex 2007 10 99

50

ex 2007 99 39

07; 08

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99 ;

20

Pesticide residues (22)
   (23)

20

ex 0710 80 59

20

Sesamum seeds

(Food and feed)

1207 40 90

Salmonella
   (24)

20

ex 2008 19 19

40

ex 2008 19 99

40

Pesticide residues (28)

50

| — | Locust beans (carob) |
| --- | --- |

—

Locust beans (carob)

1212 92 00

Pesticide residues (28)

20

| — | Locust beans seeds, not decorticated, crushed or ground |
| --- | --- |

—

Locust beans seeds, not decorticated, crushed or ground

1212 99 41

| — | Mucilages and thickeners, whether or not modified, derived from locust beans or locust bean seeds |
| --- | --- |

—

Mucilages and thickeners, whether or not modified, derived from locust beans or locust bean seeds

(Food and feed)

1302 32 10

Guar gum

(Food and feed)

ex 1302 32 90

Pesticide residues (28)

20

Pentachlorophenol and dioxins (21)

5

Mixtures of food additives containing locust bean gum or guar gum

(Food)

ex 2106 90 92

ex 2106 90 98

ex 3824 99 93

ex 3824 99 96

Pesticide residues (28)

20

Pepper of the genus Piper; dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta

(Food – dried spices)

0904

Pesticide residues (28)

20

Vanilla

(Food – dried spices)

0905

Pesticide residues (28)

20

Cinnamon and cinnamon-tree flowers

(Food – dried spices)

0906

Pesticide residues (28)

20

Cloves (whole fruit, cloves and stems)

(Food – dried spices)

0907

Pesticide residues (28)

20

Nutmeg, mace and cardamoms

(Food – dried spices)

0908

Pesticide residues (28)

20

Seeds of anise, badian, fennel, coriander, cumin or caraway, juniper berries

(Food – dried spices)

0909

Pesticide residues (28)

20

Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices

(Food – dried spices)

0910

Pesticide residues (28)

20

Sauces and preparations thereof; mixed condiments and mixed seasonings; mustard flours and meals and prepared mustard

(Food)

2103

Pesticide residues (28)

20

Calcium carbonate

(Food and feed)

ex 2106 90 92/98

ex 2530 90 00

ex 2836 50 00

Pesticide residues (28)

30

Food supplements containing botanicals (32)

(Food)

ex 1302

ex 2106

Pesticide residues (28)

20

12

Iran (IR)

| — | Pistachios, in shell |
| --- | --- |

—

Pistachios, in shell

0802 51 00

Aflatoxins

50

| — | Pistachios, shelled |
| --- | --- |

—

Pistachios, shelled

0802 52 00

| — | Mixtures of nuts or dried fruits containing pistachios |
| --- | --- |

—

Mixtures of nuts or dried fruits containing pistachios

ex 0813 50 39 ;

60

ex 0813 50 91 ;

60

ex 0813 50 99

60

| — | Pistachio paste |
| --- | --- |

—

Pistachio paste

ex 2007 10 10 ;

60

ex 2007 10 99 ;

30

ex 2007 99 39 ;

03; 04

ex 2007 99 50 ;

32

ex 2007 99 97

22

| — | Pistachios, prepared or preserved, including mixtures |
| --- | --- |

—

Pistachios, prepared or preserved, including mixtures

ex 2008 19 13 ;

20

ex 2008 19 93 ;

20

ex 2008 97 12 ;

19

ex 2008 97 14 ;

19

ex 2008 97 16 ;

19

ex 2008 97 18 ;

19

ex 2008 97 32 ;

19

ex 2008 97 34 ;

19

ex 2008 97 36 ;

19

ex 2008 97 38 ;

19

ex 2008 97 51 ;

19

ex 2008 97 59 ;

19

ex 2008 97 72 ;

19

ex 2008 97 74 ;

19

ex 2008 97 76 ;

19

ex 2008 97 78 ;

19

ex 2008 97 92 ;

19

ex 2008 97 93 ;

19

ex 2008 97 94 ;

19

ex 2008 97 96 ;

19

ex 2008 97 97 ;

19

ex 2008 97 98

19

| — | Flours, meals and powder of pistachios |
| --- | --- |

—

Flours, meals and powder of pistachios

ex 1106 30 90

50

(Food)

13

South Korea (KR)

Instant noodles containing spices/seasonings or sauces

(Food)

ex 1902 30 10

30

Pesticide residues (28)

20

14

Lebanon (LB)

Turnips (Brassica rapa ssp. rapa)

(Food – prepared or preserved by vinegar or acetic acid)

ex 2001 90 97

11; 19

Rhodamine B (33)

50

Turnips (Brassica rapa ssp. rapa)

(Food – prepared or preserved by brine or citric acid, not frozen)

ex 2005 99 80

93

Rhodamine B (33)

50

15

Sri Lanka (LK)

Peppers of the genus Capsicum

(sweet or other than sweet)

(Food – dried, roasted, crushed or ground)

0904 21 10

Aflatoxins

50

ex 0904 21 90

20

ex 0904 22 00

11; 19

ex 2005 99 10

10; 90

ex 2005 99 80

94

16

Malaysia (MY)

Mixtures of food additives containing locust bean gum

(Food)

ex 2106 90 92

Pesticide residues (28)

20

ex 2106 90 98

ex 3824 99 93

ex 3824 99 96

17

Nigeria (NG)

Sesamum seeds

(Food)

1207 40 90

Salmonella
   (24)

50

ex 2008 19 19

40

ex 2008 19 99

40

18

Pakistan (PK)

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99 ;

20

Pesticide residues (22)

20

ex 0710 80 59

20

19

Sudan (SD)

| — | Groundnuts (peanuts), in shell |
| --- | --- |

—

Groundnuts (peanuts), in shell

1202 41 00

Aflatoxins

50

| — | Groundnuts (peanuts), shelled |
| --- | --- |

—

Groundnuts (peanuts), shelled

1202 42 00

| — | Peanut butter |
| --- | --- |

—

Peanut butter

2008 11 10

| — | Groundnuts (peanuts), otherwise prepared or preserved, including mixtures |
| --- | --- |

—

Groundnuts (peanuts), otherwise prepared or preserved, including mixtures

2008 11 91 ;

2008 11 96 ;

2008 11 98 ;

ex 2008 19 12 ;

40

ex 2008 19 19 ;

50

ex 2008 19 92 ;

40

ex 2008 19 95 ;

40

ex 2008 19 99

50

| — | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil |
| --- | --- |

—

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

2305 00 00

| — | Groundnut flours and meals |
| --- | --- |

—

Groundnut flours and meals

ex 1208 90 00

20

| — | Groundnuts paste |
| --- | --- |

—

Groundnuts paste

ex 2007 10 10

80

(
  Food and feed
  )

ex 2007 10 99

50

ex 2007 99 39

07; 08

Sesamum seeds

1207 40 90

Salmonella
   (24)

50

(Food)

ex 2008 19 19

40

ex 2008 19 99

40

20

Türkiye (TR)

| — | Dried figs |
| --- | --- |

—

Dried figs

0804 20 90

Aflatoxins

30

| — | Mixtures of nuts or dried fruits containing figs |
| --- | --- |

—

Mixtures of nuts or dried fruits containing figs

ex 0813 50 99

50

| — | Dried fig paste |
| --- | --- |

—

Dried fig paste

ex 2007 10 10 ;

50

ex 2007 10 99 ;

20

ex 2007 99 39 ;

01; 02

ex 2007 99 50 ;

31

ex 2007 99 97

21

| — | Dried figs, prepared or preserved, including mixtures |
| --- | --- |

—

Dried figs, prepared or preserved, including mixtures

ex 2008 97 12 ;

11

ex 2008 97 14 ;

11

ex 2008 97 16 ;

11

ex 2008 97 18 ;

11

ex 2008 97 32 ;

11

ex 2008 97 34 ;

11

ex 2008 97 36 ;

11

ex 2008 97 38 ;

11

ex 2008 97 51 ;

11

ex 2008 97 59 ;

11

ex 2008 97 72 ;

11

ex 2008 97 74 ;

11

ex 2008 97 76 ;

11

ex 2008 97 78 ;

11

ex 2008 97 92 ;

11

ex 2008 97 93 ;

11

ex 2008 97 94 ;

11

ex 2008 97 96 ;

11

ex 2008 97 97 ;

11

ex 2008 97 98 ;

11

ex 2008 99 28 ;

10

ex 2008 99 34 ;

10

ex 2008 99 37 ;

10

ex 2008 99 40 ;

10

ex 2008 99 49 ;

60

ex 2008 99 67 ;

95

ex 2008 99 99

60

| — | Flours, meals and powder of dried figs |
| --- | --- |

—

Flours, meals and powder of dried figs

ex 1106 30 90

60

(Food)

| — | Pistachios, in shell |
| --- | --- |

—

Pistachios, in shell

0802 51 00

Aflatoxins

50

| — | Pistachios, shelled |
| --- | --- |

—

Pistachios, shelled

0802 52 00

| — | Mixtures of nuts or dried fruits containing pistachios |
| --- | --- |

—

Mixtures of nuts or dried fruits containing pistachios

ex 0813 50 39 ;

60

ex 0813 50 91 ;

60

ex 0813 50 99

60

| — | Pistachio paste |
| --- | --- |

—

Pistachio paste

ex 2007 10 10 ;

60

ex 2007 10 99 ;

30

ex 2007 99 39 ;

03; 04

ex 2007 99 50 ;

32

ex 2007 99 97

22

| — | Pistachios, prepared or preserved, including mixtures |
| --- | --- |

—

Pistachios, prepared or preserved, including mixtures

ex 2008 19 13 ;

20

ex 2008 19 93 ;

20

ex 2008 97 12 ;

19

ex 2008 97 14 ;

19

ex 2008 97 16 ;

19

ex 2008 97 18 ;

19

ex 2008 97 32 ;

19

ex 2008 97 34 ;

19

ex 2008 97 36 ;

19

ex 2008 97 38 ;

19

ex 2008 97 51 ;

19

ex 2008 97 59 ;

19

ex 2008 97 72 ;

19

ex 2008 97 74 ;

19

ex 2008 97 76 ;

19

ex 2008 97 78 ;

19

ex 2008 97 92 ;

19

ex 2008 97 93 ;

19

ex 2008 97 94 ;

19

ex 2008 97 96 ;

19

ex 2008 97 97 ;

19

ex 2008 97 98

19

| — | Flours, meals and powder of pistachios |
| --- | --- |

—

Flours, meals and powder of pistachios

ex 1106 30 90

50

(Food)

Vine leaves

(Food)

ex 2008 99 99

11; 19

Pesticide residues (22)
   (25)

50

Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids

(Food – fresh or dried)

0805 21 ;

0805 22 ;

0805 29

Pesticide residues (22)

20

Oranges

(Food – fresh or dried)

0805 10

Pesticide residues (22)

20

| — | Locust beans (carob) |
| --- | --- |

—

Locust beans (carob)

1212 92 00

Pesticide residues (28)

20

| — | Locust beans seeds, not decorticated, crushed or ground |
| --- | --- |

—

Locust beans seeds, not decorticated, crushed or ground

1212 99 41

| — | Mucilages and thickeners, whether or not modified, derived from locust beans or locust beans seeds |
| --- | --- |

—

Mucilages and thickeners, whether or not modified, derived from locust beans or locust beans seeds

(Food and feed)

1302 32 10

Mixtures of food additives containing locust bean gum

(Food)

ex 2106 90 92

ex 3824 99 93

ex 2106 90 98

ex 3824 99 96

Pesticide residues (28)

20

21

Uganda (UG)

Sesamum seeds

(Food)

1207 40 90

Salmonella
   (24)

20

ex 2008 19 19

40

ex 2008 19 99

40

22

United States (US)

Vanilla extract

(Food)

1302 19 05

Pesticide residues (28)

20

23

Vietnam (VN)

Okra

(Food – fresh, chilled or frozen)

ex 0709 99 90 ;

20

Pesticide residues (22)
   (26)

50

ex 0710 80 95

30

Pitahaya (dragon fruit)

(Food – fresh or chilled)

ex 0810 90 20

10

Pesticide residues (22)
   (26)

20

Instant noodles containing spices/seasonings or sauces

(Food)

ex 1902 30 10

30

Pesticide residues (28)

20

2.   Food referred to in Article 1(1), point (b)(ii)

| Row | Food consisting of two or more ingredients, containing any of the individual products listed in the table in point 1 due to risk of contamination by aflatoxins in a quantity above 20 % of either a single product or as the sum of products listed |
| --- | --- |
| | CN code (34) | Description (35) |
| 1 | ex 1704 90 | Sugar confectionery (including white chocolate), not containing cocoa, other than chewing gum, whether or not sugar-coated |
| 2 | ex 1806 | Chocolate and other food preparations containing cocoa |
| 3 | ex 1905 | Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa, communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products |

Row

Food consisting of two or more ingredients, containing any of the individual products listed in the table in point 1 due to risk of contamination by aflatoxins in a quantity above 20 % of either a single product or as the sum of products listed

CN code (34)

Description (35)

1

ex 1704 90

Sugar confectionery (including white chocolate), not containing cocoa, other than chewing gum, whether or not sugar-coated

2

ex 1806

Chocolate and other food preparations containing cocoa

3

ex 1905

Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa, communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

---

(1)  Where only certain products under any CN code are required to be examined, the CN code is marked ‘ex’.

1

(2)  The sampling and the analyses shall be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(a) of Annex III.

2

(3)  Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1) that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in/on products of plant origin only).

3

(4)  The sampling and the analyses shall be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(b) of Annex III.

4

(5)  Residues of Tolfenpyrad.

5

(6)  Residues of Dicofol (sum of p, p’ and o,p’ isomers), Dinotefuran, Folpet, Prochloraz (sum of prochloraz and its metabolites containing the 2,4,6-trichlorophenol moiety expressed as prochloraz), Thiophanate-methyl and Triforine.

6

(7)  Residues of Diafenthiuron.

7

(8)  Residues of Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)), Prothiofos and Triforine.

8

(9)  Residues of Prochloraz.

9

(10)  Residues of Diafenthiuron, Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)) and Thiophanate-methyl.

10

(11)  
  ‘Unprocessed products’ as defined in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).

11

(12)  
  ‘Placing on the market’ and ‘final consumer’ as defined in 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).

12

(13)  Reference methods: EN 1988-1:1998, EN 1988-2:1998 or ISO 5522:1981.

13

(14)  Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos.

14

(15)  Residues of Ethylene Oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide). In case of food additives, the applicable maximum residue level (MRL) is 0,1 mg/kg (limit of quantification (LOQ)). Prohibition of use of Ethylene Oxide provided for in Commission Regulation (EU) No 231/2012 of 9 March 2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (OJ L 83, 22.3.2012, p. 1).

15

(16)  For the purposes of this Annex, ‘Sudan dyes’ refers to the following chemical substances: (i) Sudan I (CAS Number 842-07-9); (ii) Sudan II (CAS Number 3118-97-6); (iii) Sudan III (CAS Number 85-86-9); (iv) Scarlet Red or Sudan IV (CAS Number 85-83-6). Residues of Sudan dyes, using a method of analysis with an LOQ, shall be lower than 0,5 mg/kg).

16

(17)  Both finished products and raw materials containing any botanicals intended for the production of food supplements declared under CN codes mentioned in column ‘CN code’.

17

(18)  Hereinafter understood as the State of Israel, excluding the territories under the administration of the State of Israel after 5 June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

18

(19)  Where only certain products under any CN code are required to be examined, the CN code is marked ‘ex’.

19

(20)  The sampling and the analyses shall be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(b) of Annex III.

20

(21)  The analytical report referred to in Article 10(3) shall be issued by a laboratory accredited in accordance with standard EN ISO/IEC 17025 for the analysis of pentachlorophenol (PCP) in food and feed.

21

The analytical report shall indicate:

| (a) | the results of sampling and analysis for the presence of PCP, performed by the competent authorities of the country of origin or of the country where the consignment is consigned from if that country is different from the country of origin; |
| --- | --- |

(a)

the results of sampling and analysis for the presence of PCP, performed by the competent authorities of the country of origin or of the country where the consignment is consigned from if that country is different from the country of origin;

| (b) | the measurement uncertainty of the analytical result; |
| --- | --- |

(b)

the measurement uncertainty of the analytical result;

| (c) | the limit of detection (LOD) of the analytical method; and |
| --- | --- |

(c)

the limit of detection (LOD) of the analytical method; and

| (d) | the LOQ of the analytical method. |
| --- | --- |

(d)

the LOQ of the analytical method.

The extraction before analysis shall be performed with an acidified solvent. The analysis shall be carried out in accordance with the modified version of the QuEChERS method as set out on the websites of the European Union Reference Laboratories for Residues of Pesticides or in accordance with an equally reliable method.

(22)  Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1) that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in/on products of plant origin only).

22

(23)  Residues of Carbofuran.

23

(24)  The sampling and the analyses shall be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(a) of Annex III.

24

(25)  Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and Metrafenone.

25

(26)  Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos.

26

(27)  Foodstuffs containing or consisting of betel leaves (Piper betle) including, but not limited to, those declared under CN code 1404 90 00.

27

Piper betle

(28)  Residues of Ethylene Oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide). In case of food additives, the applicable MRL is 0,1 mg/kg (LOQ). Prohibition of use of Ethylene Oxide provided for in Regulation (EU) No 231/2012 of 9 March 2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (OJ L 83, 22.3.2012, p. 1).

28

(29)  For the purposes of this Annex, ‘Sudan dyes’ refers to the following chemical substances: (i) Sudan I (CAS Number 842-07-9); (ii) Sudan II (CAS Number 3118-97-6); (iii) Sudan III (CAS Number 85-86-9); (iv) Scarlet Red or Sudan IV (CAS Number 85-83-6). Residues of Sudan dyes, using a method of analysis with an LOQ, shall be lower than 0,5 mg/kg.

29

(30)  Residues of Amitraz (amitraz including the metabolites containing the 2,4-dimethylaniline moiety expressed as amitraz), Diafenthiuron, Dicofol (sum of p, p’ and o,p’ isomers) and Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram).

30

(31)  Residues of Acephate.

31

(32)  Both finished products and raw materials containing any botanicals intended for the production of food supplements declared under CN codes mentioned in column ‘CN code’.

32

(33)  For purpose of this Annex, residues of Rhodamine B, using a method of analysis with an LOQ, shall be lower than 0,1 mg/kg.

33

(34)  Where only certain products under any CN code are required to be examined, the CN code is marked ‘ex’.

34

(35)  The description of the goods is as laid down in the description column of the CN in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

35

---

DIRECTIVES

| 27.1.2023 | EN | Official Journal of the European Union | L 25/67 |
| --- | --- | --- | --- |

27.1.2023

EN

Official Journal of the European Union

L 25/67

---

COMMISSION DIRECTIVE (EU) 2023/175

of 26 January 2023

amending Directive 2009/32/EC of the European Parliament and of the Council as regards 2-methyloxolane

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2009/32/EC of the European Parliament and of the Council of 23 April 2009 on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (1), and in particular points (a) and (d) of the first subparagraph of Article 4 thereof,

Whereas:

| (1) | Directive 2009/32/EC applies to extraction solvents used or intended for use in the production of foodstuffs or food ingredients. That Directive does not apply to extraction solvents used in the production of food additives, vitamins and other nutritional additives, unless such food additives, vitamins or nutritional additives are listed in its Annex I. |
| --- | --- |

(1)

Directive 2009/32/EC applies to extraction solvents used or intended for use in the production of foodstuffs or food ingredients. That Directive does not apply to extraction solvents used in the production of food additives, vitamins and other nutritional additives, unless such food additives, vitamins or nutritional additives are listed in its Annex I.

| (2) | On 6 January 2020, an application was submitted by Pennakem Europa requesting the authorisation of 2-methyloxolane as an extraction solvent. According to the applicant, 2-methyloxolane could be used as an alternative to the currently permitted hexane. In particular, for the extraction processes in the production or fractionation of fats, oils or cocoa butter, in the preparation of defatted protein products, defatted flours, and in the preparation of defatted cereal germs and flavourings from natural flavouring materials. The application was subsequently made available to the Member States. |
| --- | --- |

(2)

On 6 January 2020, an application was submitted by Pennakem Europa requesting the authorisation of 2-methyloxolane as an extraction solvent. According to the applicant, 2-methyloxolane could be used as an alternative to the currently permitted hexane. In particular, for the extraction processes in the production or fractionation of fats, oils or cocoa butter, in the preparation of defatted protein products, defatted flours, and in the preparation of defatted cereal germs and flavourings from natural flavouring materials. The application was subsequently made available to the Member States.

| (3) | The European Food Safety Authority (‘the Authority’) evaluated the safety of the proposed use of 2-methyloxolane as a food extraction solvent. In the Authority’s opinion (2) adopted on 26 January 2022, a tolerable daily intake (‘TDI’) of 1 mg/kg bw per day was established. The Authority noted that the established TDI is not exceeded in any of the population groups at the mean and the 95th percentile exposure and concluded that the extraction solvent 2-methyloxolane does not raise a safety concern when used as intended and when respecting the proposed maximum residue limits (MRLs). 2-methyloxolane, as evaluated by the Authority, is obtained with a purity superior to 99,9 %. Furan and 2-methylfuran, the impurities with the highest potentially hazardous properties, do not pose a safety concern if present at their maximum limits of 50 mg/kg and 500 mg/kg respectively, in accordance with the specifications. |
| --- | --- |

(3)

The European Food Safety Authority (‘the Authority’) evaluated the safety of the proposed use of 2-methyloxolane as a food extraction solvent. In the Authority’s opinion (2) adopted on 26 January 2022, a tolerable daily intake (‘TDI’) of 1 mg/kg bw per day was established. The Authority noted that the established TDI is not exceeded in any of the population groups at the mean and the 95th percentile exposure and concluded that the extraction solvent 2-methyloxolane does not raise a safety concern when used as intended and when respecting the proposed maximum residue limits (MRLs). 2-methyloxolane, as evaluated by the Authority, is obtained with a purity superior to 99,9 %. Furan and 2-methylfuran, the impurities with the highest potentially hazardous properties, do not pose a safety concern if present at their maximum limits of 50 mg/kg and 500 mg/kg respectively, in accordance with the specifications.

| (4) | Therefore, it is appropriate to authorise the use of 2-methyloxolane as an extraction solvent in the production or fractionation of fats, oils or cocoa butter, in the preparation of defatted protein products, defatted flours, preparation of defatted cereal germs and flavourings from natural flavouring materials. It is also appropriate to establish specific purity criteria for 2-methyloxolane. |
| --- | --- |

(4)

Therefore, it is appropriate to authorise the use of 2-methyloxolane as an extraction solvent in the production or fractionation of fats, oils or cocoa butter, in the preparation of defatted protein products, defatted flours, preparation of defatted cereal germs and flavourings from natural flavouring materials. It is also appropriate to establish specific purity criteria for 2-methyloxolane.

| (5) | Directive 2009/32/EC should therefore be amended accordingly. |
| --- | --- |

(5)

Directive 2009/32/EC should therefore be amended accordingly.

| (6) | The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(6)

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

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 2009/32/EC is amended in accordance with the Annex to this Directive.

Article 2

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 2 years after the date of entry into force of this Directive. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 26 January 2023.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 141, 6.6.2009, p. 3.

1

(2)  EFSA Journal 2022;20(3):7138

2

---

ANNEX

Annex I to Directive 2009/32/EC is amended as follows:

| (a) | In Part II, the following new entry is inserted after the entry for hexane:







  ‘2-methyloxolane | Production or fractionation of fats and oils and production of cocoa butter | 1 mg/kg in the fat or oil or cocoa butter |
| --- | --- | --- | --- |
| Preparation of defatted protein products and defatted flours | 10 mg/kg in the food containing the defatted protein products and the defatted flours |
| 30 mg/kg in the defatted soya products as sold to the final consumer |
| Preparation of defatted cereal germs | 5 mg/kg in the defatted cereal germs’ |

(a)

In Part II, the following new entry is inserted after the entry for hexane:

‘2-methyloxolane

Production or fractionation of fats and oils and production of cocoa butter

1 mg/kg in the fat or oil or cocoa butter

Preparation of defatted protein products and defatted flours

10 mg/kg in the food containing the defatted protein products and the defatted flours

30 mg/kg in the defatted soya products as sold to the final consumer

Preparation of defatted cereal germs

5 mg/kg in the defatted cereal germs’

| (b) | In Part III, the following new entry is inserted after the entry for hexane:






  ‘2-methyloxolane | 1 mg/kg’ |
| --- | --- | --- |

(b)

In Part III, the following new entry is inserted after the entry for hexane:

‘2-methyloxolane

1 mg/kg’

| (c) | A new Part IV is added:

  ‘PART IV
  Specific purity criteria for the extraction solvents listed in Annex I







  2-methyloxolane |
| --- | --- |
| CAS number | 96-47-9 |
| Assay | Content not less than 99,9 % expressed on dry basis |
| Purity |
| Furan | Not more than 50 mg/kg (expressed on dry basis) |
| 2-methylfuran | Not more than 500 mg/kg (expressed on dry basis) |
| Ethanol | Not more than 450 mg/kg (expressed on dry basis)’ |

(c)

A new Part IV is added:

‘PART IV

Specific purity criteria for the extraction solvents listed in Annex I

2-methyloxolane

CAS number

96-47-9

Assay

Content not less than 99,9 % expressed on dry basis

Purity

Furan

Not more than 50 mg/kg (expressed on dry basis)

2-methylfuran

Not more than 500 mg/kg (expressed on dry basis)

Ethanol

Not more than 450 mg/kg (expressed on dry basis)’

---

DECISIONS

| 27.1.2023 | EN | Official Journal of the European Union | L 25/70 |
| --- | --- | --- | --- |

27.1.2023

EN

Official Journal of the European Union

L 25/70

---

COMMISSION DECISION (EU) 2023/176

of 14 December 2022

on the consistency of the performance targets contained in the revised draft performance plan submitted by France pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period

(notified under document C(2022) 9230)

(Only the English text is authentic)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (1), and in particular Article 11(3), point (c) thereof,

Having regard to Commission Implementing Regulation (EU) 2019/317 of 11 February 2019 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013 (2), and in particular Article 15(2) thereof,

Whereas:

GENERAL CONSIDERATIONS

GENERAL CONSIDERATIONS

| (1) | Pursuant to Article 10 of Implementing Regulation (EU) 2019/317, Member States are to draw up performance plans, either at national level or at functional airspace blocks level (‘FAB’), which have to include binding performance targets for each reference period of the performance scheme for air navigation services and network functions. Those performance targets are to be consistent with the Union-wide targets adopted by the Commission for the reference period concerned. |
| --- | --- |

(1)

Pursuant to Article 10 of Implementing Regulation (EU) 2019/317, Member States are to draw up performance plans, either at national level or at functional airspace blocks level (‘FAB’), which have to include binding performance targets for each reference period of the performance scheme for air navigation services and network functions. Those performance targets are to be consistent with the Union-wide targets adopted by the Commission for the reference period concerned.

| (2) | Union-wide performance targets for the third reference period (‘RP3’) were originally set out in Commission Implementing Decision (EU) 2019/903 (3). Since those Union-wide performance targets and the draft RP3 performance plans subsequently submitted in October 2019 by Member States were drawn up before the outbreak of the COVID-19 pandemic in March 2020, they did not take account of the considerable reduction in air traffic due to the measures taken by the Member States and third countries to contain the pandemic. |
| --- | --- |

(2)

Union-wide performance targets for the third reference period (‘RP3’) were originally set out in Commission Implementing Decision (EU) 2019/903 (3). Since those Union-wide performance targets and the draft RP3 performance plans subsequently submitted in October 2019 by Member States were drawn up before the outbreak of the COVID-19 pandemic in March 2020, they did not take account of the considerable reduction in air traffic due to the measures taken by the Member States and third countries to contain the pandemic.

3

| (3) | In response to the impact of the COVID-19 pandemic on the provision of air navigation services, exceptional measures for RP3, which derogate from the provisions of Implementing Regulation (EU) 2019/317, were set out in Commission Implementing Regulation (EU) 2020/1627 (4). The Commission adopted, on 2 June 2021, Commission Implementing Decision (EU) 2021/891 (5) setting revised Union-wide performance targets for RP3. On that basis, in October 2021, Member States submitted to the Commission draft performance plans containing revised local performance targets for RP3. |
| --- | --- |

(3)

In response to the impact of the COVID-19 pandemic on the provision of air navigation services, exceptional measures for RP3, which derogate from the provisions of Implementing Regulation (EU) 2019/317, were set out in Commission Implementing Regulation (EU) 2020/1627 (4). The Commission adopted, on 2 June 2021, Commission Implementing Decision (EU) 2021/891 (5) setting revised Union-wide performance targets for RP3. On that basis, in October 2021, Member States submitted to the Commission draft performance plans containing revised local performance targets for RP3.

4

5

| (4) | The Commission adopted, on 13 April 2022, Commission Implementing Decision (EU) 2022/728 (6) addressed to Belgium, Germany, Greece, France, Cyprus, Latvia, Luxembourg, Malta, the Netherlands, Romania, and Sweden. That Decision set out that in respect of the draft performance plan established at functional airspace block level by the French Republic (‘France’), jointly with Belgium, Germany, Luxembourg, and the Netherlands (‘draft FABEC performance plan’), the en route cost-efficiency performance targets for the Belgium-Luxembourg charging zone are not consistent with the Union-wide performance targets, and issued recommendations for the revision of those targets. Implementing Decision (EU) 2022/728 did not include any findings with regard to the performance targets applicable to air navigation services provided in the airspace of France. |
| --- | --- |

(4)

The Commission adopted, on 13 April 2022, Commission Implementing Decision (EU) 2022/728 (6) addressed to Belgium, Germany, Greece, France, Cyprus, Latvia, Luxembourg, Malta, the Netherlands, Romania, and Sweden. That Decision set out that in respect of the draft performance plan established at functional airspace block level by the French Republic (‘France’), jointly with Belgium, Germany, Luxembourg, and the Netherlands (‘draft FABEC performance plan’), the en route cost-efficiency performance targets for the Belgium-Luxembourg charging zone are not consistent with the Union-wide performance targets, and issued recommendations for the revision of those targets. Implementing Decision (EU) 2022/728 did not include any findings with regard to the performance targets applicable to air navigation services provided in the airspace of France.

6

en route

| (5) | In response to Russia’s war of aggression against Ukraine, which started on 24 February 2022, the Union has imposed restrictive measures which prohibit Russian air carriers, any Russian-registered aircraft and any non-Russian-registered aircraft which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, from landing in and taking off from, or overflying the territory of the Union. Those restrictive measures and the counter-measures adopted by Russia have led to changes in air traffic in European airspace. Certain Member States have been severely affected by a significant reduction in the number of overflights in the airspace under their responsibility. However, at Union-wide level, the observed impact on the number of flights has been limited in contrast with the sharp reduction of air traffic across Europe which resulted from the outbreak of the COVID-19 pandemic. |
| --- | --- |

(5)

In response to Russia’s war of aggression against Ukraine, which started on 24 February 2022, the Union has imposed restrictive measures which prohibit Russian air carriers, any Russian-registered aircraft and any non-Russian-registered aircraft which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, from landing in and taking off from, or overflying the territory of the Union. Those restrictive measures and the counter-measures adopted by Russia have led to changes in air traffic in European airspace. Certain Member States have been severely affected by a significant reduction in the number of overflights in the airspace under their responsibility. However, at Union-wide level, the observed impact on the number of flights has been limited in contrast with the sharp reduction of air traffic across Europe which resulted from the outbreak of the COVID-19 pandemic.

| (6) | On 13 July 2022, France, jointly with Belgium, Germany, Luxembourg, and the Netherlands, submitted to the Commission a revised draft FABEC performance plan for RP3. |
| --- | --- |

(6)

On 13 July 2022, France, jointly with Belgium, Germany, Luxembourg, and the Netherlands, submitted to the Commission a revised draft FABEC performance plan for RP3.

| (7) | On 24 October 2022, the Commission concluded that the revised cost-efficiency performance targets proposed for the Belgium-Luxembourg en route charging zone continue to give rise to doubts as to their consistency with the Union-wide performance targets. The Commission therefore initiated the detailed examination in accordance with Article 15(3) of Implementing Regulation (EU) 2019/317 in respect of those performance targets, included in the revised draft FABEC performance plan submitted on 13 July 2022. The Commission notified Belgium, France, Germany, Luxembourg and the Netherlands thereof by its Decision (EU) 2022/2255 (7). |
| --- | --- |

(7)

On 24 October 2022, the Commission concluded that the revised cost-efficiency performance targets proposed for the Belgium-Luxembourg en route charging zone continue to give rise to doubts as to their consistency with the Union-wide performance targets. The Commission therefore initiated the detailed examination in accordance with Article 15(3) of Implementing Regulation (EU) 2019/317 in respect of those performance targets, included in the revised draft FABEC performance plan submitted on 13 July 2022. The Commission notified Belgium, France, Germany, Luxembourg and the Netherlands thereof by its Decision (EU) 2022/2255 (7).

en route

7

| (8) | On 28 October 2022, France informed the Commission that it has withdrawn from the revised draft FABEC performance plan, and submitted to the Commission a revised draft performance plan for RP3 established at national level (the ‘revised draft national performance plan’). The revised draft national performance plan maintains the performance targets for air navigation services provided in the airspace of France at the level set in the revised draft FABEC performance plan submitted on 13 July 2022. There were effectively no additional performance benefits or synergies for France deriving from the revised draft FABEC performance plan. The revised draft national performance plan does not list any negative impact resulting from the discontinuation of the performance planning and target setting activities at FABEC level. |
| --- | --- |

(8)

On 28 October 2022, France informed the Commission that it has withdrawn from the revised draft FABEC performance plan, and submitted to the Commission a revised draft performance plan for RP3 established at national level (the ‘revised draft national performance plan’). The revised draft national performance plan maintains the performance targets for air navigation services provided in the airspace of France at the level set in the revised draft FABEC performance plan submitted on 13 July 2022. There were effectively no additional performance benefits or synergies for France deriving from the revised draft FABEC performance plan. The revised draft national performance plan does not list any negative impact resulting from the discontinuation of the performance planning and target setting activities at FABEC level.

| (9) | The performance review body, assisting the Commission in the implementation of the performance scheme pursuant to Article 11(2) of Regulation (EC) No 549/2004, has submitted to the Commission a report containing its assessment of the revised draft national performance plan. |
| --- | --- |

(9)

The performance review body, assisting the Commission in the implementation of the performance scheme pursuant to Article 11(2) of Regulation (EC) No 549/2004, has submitted to the Commission a report containing its assessment of the revised draft national performance plan.

| (10) | In accordance with Article 15(1) of Implementing Regulation (EU) 2019/317, the Commission, taking account of local circumstances, has assessed the consistency of the local performance targets included in the revised draft national performance plan of France on the basis of the assessment criteria laid down in point 1 of Annex IV to that Regulation. In respect of each key performance area and the related performance targets, the Commission has complemented its assessment by reviewing the elements set out in point 2 of Annex IV to Implementing Regulation (EU) 2019/317. |
| --- | --- |

(10)

In accordance with Article 15(1) of Implementing Regulation (EU) 2019/317, the Commission, taking account of local circumstances, has assessed the consistency of the local performance targets included in the revised draft national performance plan of France on the basis of the assessment criteria laid down in point 1 of Annex IV to that Regulation. In respect of each key performance area and the related performance targets, the Commission has complemented its assessment by reviewing the elements set out in point 2 of Annex IV to Implementing Regulation (EU) 2019/317.

| (11) | The Eurocontrol’s Statistics and Forecast Service (‘STATFOR’) base traffic forecast published in June 2022 takes account of the change in circumstances with respect to air traffic in the European airspace following Russia’s war of aggression against Ukraine. On the basis of that forecast, the Commission notes that France is not expected to experience major changes in air traffic flows over RP3 as a result of Russia’s war of aggression against Ukraine. Therefore, that change in circumstances does not directly impact the performance targets contained in the revised draft national performance plan or the Commission’s assessment of those targets in respect of their consistency with the Union-wide performance targets. |
| --- | --- |

(11)

The Eurocontrol’s Statistics and Forecast Service (‘STATFOR’) base traffic forecast published in June 2022 takes account of the change in circumstances with respect to air traffic in the European airspace following Russia’s war of aggression against Ukraine. On the basis of that forecast, the Commission notes that France is not expected to experience major changes in air traffic flows over RP3 as a result of Russia’s war of aggression against Ukraine. Therefore, that change in circumstances does not directly impact the performance targets contained in the revised draft national performance plan or the Commission’s assessment of those targets in respect of their consistency with the Union-wide performance targets.

| (12) | France exceptionally agrees to waive its rights deriving from Article 342 of the Treaty on the Functioning of the European Union, in conjunction with Article 3 of Regulation No 1/1958 (8) and to have this Decision adopted and notified in English. |
| --- | --- |

(12)

France exceptionally agrees to waive its rights deriving from Article 342 of the Treaty on the Functioning of the European Union, in conjunction with Article 3 of Regulation No 1/1958 (8) and to have this Decision adopted and notified in English.

8

COMMISSION ASSESSMENT

COMMISSION ASSESSMENT

Assessment of performance targets in the key performance area of safety

Assessment of performance targets in the key performance area of safety

| (13) | Concerning the key performance area of safety, the Commission has assessed the consistency of the targets included in the revised draft national performance plan submitted by France regarding the effectiveness of safety management of air navigation service providers based in accordance with point 1.1 of Annex IV to Implementing Regulation (EU) 2019/317. |
| --- | --- |

(13)

Concerning the key performance area of safety, the Commission has assessed the consistency of the targets included in the revised draft national performance plan submitted by France regarding the effectiveness of safety management of air navigation service providers based in accordance with point 1.1 of Annex IV to Implementing Regulation (EU) 2019/317.

| (14) | The local safety performance targets proposed by France in respect of the effectiveness of safety management, broken down per safety management objective and expressed as a level of implementation, are as follows:











  France | Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from European Aviation Safety Agency (‘EASA’) level A to D |
| --- | --- | --- |
| Air navigation service provider concerned | Safety management objective | 2022 | 2023 | 2024 | Union-wide targets




  (2024) |
| DSNA | Safety policy and objectives | C | C | C | C |
| Safety risk management | D | D | D | D |
| Safety assurance | C | C | C | C |
| Safety promotion | C | C | C | C |
| Safety culture | C | C | C | C |

(14)

The local safety performance targets proposed by France in respect of the effectiveness of safety management, broken down per safety management objective and expressed as a level of implementation, are as follows:

France

France

Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from European Aviation Safety Agency (‘EASA’) level A to D

Targets on the effectiveness of safety management, expressed as a level of implementation

Air navigation service provider concerned

Air navigation service provider concerned

Safety management objective

Safety management objective

2022

2022

2023

2023

2024

2024

Union-wide targets

Union-wide targets

(2024)

(2024)

DSNA

DSNA

Safety policy and objectives

C

C

C

C

C

C

Safety risk management

D

D

D

D

D

D

Safety assurance

C

C

C

C

C

C

Safety promotion

C

C

C

C

C

C

Safety culture

C

C

C

C

C

C

| (15) | The safety performance targets proposed by France for the air navigation service provider, namely Direction des Services de la Navigation Aérienne (‘DSNA’), are consistent with the Union-wide performance targets. |
| --- | --- |

(15)

The safety performance targets proposed by France for the air navigation service provider, namely Direction des Services de la Navigation Aérienne (‘DSNA’), are consistent with the Union-wide performance targets.

| (16) | The Commission notes that the revised draft national performance plan sets out measures for DSNA for the achievement of the local safety targets, such as actions supporting safety culture, updated processes for hazard identification and analysis, and improvements in safety risk management. |
| --- | --- |

(16)

The Commission notes that the revised draft national performance plan sets out measures for DSNA for the achievement of the local safety targets, such as actions supporting safety culture, updated processes for hazard identification and analysis, and improvements in safety risk management.

| (17) | Therefore, in the light of recitals 14, 15 and 16 and considering that the Union-wide safety performance targets set in Implementing Decision (EU) 2021/891 are to be achieved by the final year of RP3, namely 2024, the targets in the key performance area of safety included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets. |
| --- | --- |

(17)

Therefore, in the light of recitals 14, 15 and 16 and considering that the Union-wide safety performance targets set in Implementing Decision (EU) 2021/891 are to be achieved by the final year of RP3, namely 2024, the targets in the key performance area of safety included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets.

Assessment of performance targets in the key performance area of environment

Assessment of performance targets in the key performance area of environment

| (18) | Concerning the key performance area of environment, the consistency of the targets submitted by France regarding the average horizontal en route flight efficiency of the actual trajectory has been assessed in accordance with point 1.2 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the proposed targets included in the revised draft national performance plan have been compared with the relevant en route horizontal flight efficiency reference values set out in the European Route Network Improvement Plan (‘ERNIP’) available on 2 June 2021, the date of adoption of the revised Union-wide performance targets for RP3. |
| --- | --- |

(18)

Concerning the key performance area of environment, the consistency of the targets submitted by France regarding the average horizontal en route flight efficiency of the actual trajectory has been assessed in accordance with point 1.2 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the proposed targets included in the revised draft national performance plan have been compared with the relevant en route horizontal flight efficiency reference values set out in the European Route Network Improvement Plan (‘ERNIP’) available on 2 June 2021, the date of adoption of the revised Union-wide performance targets for RP3.

en route

en route

| (19) | In respect of the year 2020, the Union-wide performance target for RP3 in the key performance area of environment, which was initially set out in Implementing Decision (EU) 2019/903, before the outbreak of the COVID-19 pandemic, was not revised by Implementing Decision (EU) 2021/891, in so far as the period for the application of that target had expired and its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, it is not possible to modify retroactively, in the revised draft performance plans, the local environment performance targets for the year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local environment performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024. |
| --- | --- |

(19)

In respect of the year 2020, the Union-wide performance target for RP3 in the key performance area of environment, which was initially set out in Implementing Decision (EU) 2019/903, before the outbreak of the COVID-19 pandemic, was not revised by Implementing Decision (EU) 2021/891, in so far as the period for the application of that target had expired and its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, it is not possible to modify retroactively, in the revised draft performance plans, the local environment performance targets for the year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local environment performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024.

| (20) | The performance targets in the key performance area of environment proposed by France and the corresponding national reference values for RP3 from the ERNIP, expressed as the average horizontal en route flight efficiency of the actual trajectory, are as follows:









  France | 2022 | 2023 | 2024 |
| --- | --- | --- | --- | --- |
| Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory | 2,83  % | 2,83  % | 2,83  % |
| Reference values | 2,83  % | 2,83  % | 2,83  % |

(20)

The performance targets in the key performance area of environment proposed by France and the corresponding national reference values for RP3 from the ERNIP, expressed as the average horizontal en route flight efficiency of the actual trajectory, are as follows:

France

France

2022

2022

2023

2023

2024

2024

Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory

Targets in the key performance area of environment,

en route

2,83  %

2,83  %

2,83  %

2,83  %

2,83  %

2,83  %

Reference values

2,83  %

2,83  %

2,83  %

| (21) | The Commission observes that the environment performance targets proposed by France are equal to the corresponding national reference values for each of the years 2022, 2023 and 2024. |
| --- | --- |

(21)

The Commission observes that the environment performance targets proposed by France are equal to the corresponding national reference values for each of the years 2022, 2023 and 2024.

| (22) | The Commission notes that in its revised draft national performance plan France has presented measures for the achievement of the local environment targets which include improved route availability, the deployment of performance-based navigation and continuous descent operations, the improvement of flexible use of airspace as well as the implementation of free route airspace. The Commission further invites France to put in place all the recommended measures from the ERNIP to improve en route trajectories. |
| --- | --- |

(22)

The Commission notes that in its revised draft national performance plan France has presented measures for the achievement of the local environment targets which include improved route availability, the deployment of performance-based navigation and continuous descent operations, the improvement of flexible use of airspace as well as the implementation of free route airspace. The Commission further invites France to put in place all the recommended measures from the ERNIP to improve en route trajectories.

en route

| (23) | Therefore, in the light of recitals 20, 21 and 22, the targets in the key performance area of environment included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets. |
| --- | --- |

(23)

Therefore, in the light of recitals 20, 21 and 22, the targets in the key performance area of environment included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets.

Assessment of performance targets in the key performance area of capacity

Assessment of performance targets in the key performance area of capacity

| (24) | Concerning the key performance area of capacity, the consistency of the targets submitted by France regarding the average en route air traffic flow management (‘ATFM’) delay per flight has been assessed in accordance with point 1.3 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the targets included in the revised draft performance plan have been compared with the relevant reference values set out in the Network Operations Plan available on 2 June 2021, date of adoption of the revised Union-wide performance targets for RP3. |
| --- | --- |

(24)

Concerning the key performance area of capacity, the consistency of the targets submitted by France regarding the average en route air traffic flow management (‘ATFM’) delay per flight has been assessed in accordance with point 1.3 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the targets included in the revised draft performance plan have been compared with the relevant reference values set out in the Network Operations Plan available on 2 June 2021, date of adoption of the revised Union-wide performance targets for RP3.

en route

| (25) | In respect of the year 2020, the Union-wide performance target for RP3 in the key performance area of capacity, which was initially set out in Implementing Decision (EU) 2019/903, before the outbreak of the COVID-19 pandemic, was not revised by Implementing Decision (EU) 2021/891 in so far as the period for the application of that target had expired and its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, it is not possible to modify retroactively, in the revised draft performance plans, the local capacity performance targets for the year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local capacity performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024. |
| --- | --- |

(25)

In respect of the year 2020, the Union-wide performance target for RP3 in the key performance area of capacity, which was initially set out in Implementing Decision (EU) 2019/903, before the outbreak of the COVID-19 pandemic, was not revised by Implementing Decision (EU) 2021/891 in so far as the period for the application of that target had expired and its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, it is not possible to modify retroactively, in the revised draft performance plans, the local capacity performance targets for the year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local capacity performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024.

| (26) | The en route capacity targets proposed by France for RP3, expressed in minutes of ATFM delay per flight, as well as the corresponding reference values from the Network Operations Plan, are as follows:









  France | 2022 | 2023 | 2024 |
| --- | --- | --- | --- | --- |
| Targets in the key performance area of capacity, expressed in minutes of ATFM delay per flight | 0,25 | 0,25 | 0,25 |
| Reference values | 0,25 | 0,25 | 0,25 |

(26)

The en route capacity targets proposed by France for RP3, expressed in minutes of ATFM delay per flight, as well as the corresponding reference values from the Network Operations Plan, are as follows:

en route

France

France

2022

2022

2023

2023

2024

2024

Targets in the key performance area of capacity, expressed in minutes of ATFM delay per flight

Targets in the key performance area of capacity

0,25

0,25

0,25

0,25

0,25

0,25

Reference values

0,25

0,25

0,25

| (27) | The Commission observes that the capacity targets proposed by France are equal to the corresponding national reference values for each of the years 2022, 2023 and 2024. |
| --- | --- |

(27)

The Commission observes that the capacity targets proposed by France are equal to the corresponding national reference values for each of the years 2022, 2023 and 2024.

| (28) | The Commission notes that, in its revised draft national performance plan, France has presented measures for the achievement of the local en route capacity targets. Those measures include the modernisation of air traffic management systems and tools, an increased number of air traffic controller (‘ATCO’) full-time equivalents, improvements in the organisation of ATCO training and rostering, and increased flexibility in respect of ATCO working hours. |
| --- | --- |

(28)

The Commission notes that, in its revised draft national performance plan, France has presented measures for the achievement of the local en route capacity targets. Those measures include the modernisation of air traffic management systems and tools, an increased number of air traffic controller (‘ATCO’) full-time equivalents, improvements in the organisation of ATCO training and rostering, and increased flexibility in respect of ATCO working hours.

en route

| (29) | Therefore, in the light of recitals 26, 27 and 28, the targets in the key performance area of capacity included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets. |
| --- | --- |

(29)

Therefore, in the light of recitals 26, 27 and 28, the targets in the key performance area of capacity included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets.

Review of capacity targets for terminal air navigation services

Review of capacity targets for terminal air navigation services

| (30) | With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317 as set out in Article 1(3) and (4) of that Regulation, the Commission has complemented its assessment of en route capacity targets by reviewing the capacity targets for terminal air navigation services in accordance with point 2.1(b) of Annex IV to Implementing Regulation (EU) 2019/317. It was found that those targets do not raise concerns in respect of France. |
| --- | --- |

(30)

With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317 as set out in Article 1(3) and (4) of that Regulation, the Commission has complemented its assessment of en route capacity targets by reviewing the capacity targets for terminal air navigation services in accordance with point 2.1(b) of Annex IV to Implementing Regulation (EU) 2019/317. It was found that those targets do not raise concerns in respect of France.

en route

Assessment of performance targets in the key performance area of cost-efficiency

Assessment of performance targets in the key performance area of cost-efficiency

| (31) | The Commission has assessed the consistency of the cost-efficiency targets proposed in the revised draft national performance plan in accordance with points 1.4(a), (b) and (c) of Annex IV to Implementing Regulation (EU) 2019/317. |
| --- | --- |

(31)

The Commission has assessed the consistency of the cost-efficiency targets proposed in the revised draft national performance plan in accordance with points 1.4(a), (b) and (c) of Annex IV to Implementing Regulation (EU) 2019/317.

| (32) | The en route cost-efficiency targets proposed by France for RP3 are as follows:













  En route charging zone of France | 2014 baseline value | 2019 baseline value | 2020 -2021 | 2022 | 2023 | 2024 |
| --- | --- | --- | --- | --- | --- | --- | --- |
| En route cost-efficiency targets, expressed as determined en route unit cost (in real terms in 2017 prices) | 65,24 EUR | 59,43 EUR | 132,06 EUR | 76,14 EUR | 62,09 EUR | 58,56 EUR |

(32)

The en route cost-efficiency targets proposed by France for RP3 are as follows:

En route charging zone of France

En route

2014 baseline value

2014 baseline value

2019 baseline value

2019 baseline value

2020 -2021

2020 -2021

2022

2022

2023

2023

2024

2024

En route cost-efficiency targets, expressed as determined en route unit cost (in real terms in 2017 prices)

En route

en route

65,24 EUR

65,24 EUR

59,43 EUR

59,43 EUR

132,06 EUR

132,06 EUR

76,14 EUR

76,14 EUR

62,09 EUR

62,09 EUR

58,56 EUR

58,56 EUR

| (33) | As regards point 1.4(a) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the en route determined unit cost (‘DUC’) trend at charging zone level of -0,4 % over RP3 outperforms the Union-wide trend of +1,0 % over the same period. |
| --- | --- |

(33)

As regards point 1.4(a) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the en route determined unit cost (‘DUC’) trend at charging zone level of -0,4 % over RP3 outperforms the Union-wide trend of +1,0 % over the same period.

en route

| (34) | As regards point 1.4(b) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the long-term en route DUC trend at charging zone level over the second reference period (‘RP2’) and RP3 of -1,2 % underperforms the long-term Union-wide trend of -1,3 % over the same period. |
| --- | --- |

(34)

As regards point 1.4(b) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the long-term en route DUC trend at charging zone level over the second reference period (‘RP2’) and RP3 of -1,2 % underperforms the long-term Union-wide trend of -1,3 % over the same period.

en route

| (35) | As regards point 1.4(c) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the baseline value for the DUC of EUR 59,43 of France, expressed in 2017 prices (‘EUR2017’), is 1,8 % lower than the average baseline value of 60,53 in EUR2017 of the relevant comparator group. |
| --- | --- |

(35)

As regards point 1.4(c) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the baseline value for the DUC of EUR 59,43 of France, expressed in 2017 prices (‘EUR2017’), is 1,8 % lower than the average baseline value of 60,53 in EUR2017 of the relevant comparator group.

| (36) | It is clear that France’s DUC trend over RP3 outperforms the corresponding Union-wide trend and that France’s baseline value for 2019 is below the comparator group average. Furthermore, France demonstrates a notable reduction of the DUC over RP2 and RP3. Therefore, the Commission considers that, in respect of France, the minor deviation from the Union-wide long-term DUC trend referred to in recital 34 does not preclude the cost-efficiency performance targets from being consistent with the Union-wide cost-efficiency performance targets. |
| --- | --- |

(36)

It is clear that France’s DUC trend over RP3 outperforms the corresponding Union-wide trend and that France’s baseline value for 2019 is below the comparator group average. Furthermore, France demonstrates a notable reduction of the DUC over RP2 and RP3. Therefore, the Commission considers that, in respect of France, the minor deviation from the Union-wide long-term DUC trend referred to in recital 34 does not preclude the cost-efficiency performance targets from being consistent with the Union-wide cost-efficiency performance targets.

| (37) | Therefore, in the light of recitals 32 to 36, the targets in the key performance area of cost-efficiency included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets. |
| --- | --- |

(37)

Therefore, in the light of recitals 32 to 36, the targets in the key performance area of cost-efficiency included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets.

Review of cost-efficiency targets for terminal air navigation services

Review of cost-efficiency targets for terminal air navigation services

| (38) | With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317 as set out in Articles 1(3) and (4) of that Regulation, the Commission has complemented its assessment of the en route cost-efficiency targets by reviewing the cost-efficiency targets for terminal air navigation services in accordance with point 2.1(c) of Annex IV to Implementing Regulation (EU) 2019/317. It was found that those targets do not raise concerns in respect of France. |
| --- | --- |

(38)

With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317 as set out in Articles 1(3) and (4) of that Regulation, the Commission has complemented its assessment of the en route cost-efficiency targets by reviewing the cost-efficiency targets for terminal air navigation services in accordance with point 2.1(c) of Annex IV to Implementing Regulation (EU) 2019/317. It was found that those targets do not raise concerns in respect of France.

en route

Review of the incentive schemes referred to in Article 11 of Implementing Regulation (EU) 2019/317 complementing the Commission’s assessment of capacity targets

Review of the incentive schemes referred to in Article 11 of Implementing Regulation (EU) 2019/317 complementing the Commission’s assessment of capacity targets

| (39) | In accordance with point 2.1(f) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission has complemented its assessment of capacity targets by reviewing the incentive schemes referred to in Article 11 of Implementing Regulation (EU) 2019/317. In that respect, the Commission has examined whether the proposed incentive schemes fulfil the substantive requirements set out in Article 11(1) and (3) of Implementing Regulation (EU) 2019/317. |
| --- | --- |

(39)

In accordance with point 2.1(f) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission has complemented its assessment of capacity targets by reviewing the incentive schemes referred to in Article 11 of Implementing Regulation (EU) 2019/317. In that respect, the Commission has examined whether the proposed incentive schemes fulfil the substantive requirements set out in Article 11(1) and (3) of Implementing Regulation (EU) 2019/317.

| (40) | In Implementing Decision (EU) 2022/728, the Commission concluded that France is to revise its incentive schemes for achieving en route and terminal capacity targets in such a way that the maximum financial disadvantage stemming from those incentive schemes is set at a level having a material impact on the revenue at risk. The Commission, however, notes that France has not made any changes to those incentive schemes in comparison with the draft FABEC performance plan submitted in 2021 and the revised draft FABEC performance plan submitted on 13 July 2022. |
| --- | --- |

(40)

In Implementing Decision (EU) 2022/728, the Commission concluded that France is to revise its incentive schemes for achieving en route and terminal capacity targets in such a way that the maximum financial disadvantage stemming from those incentive schemes is set at a level having a material impact on the revenue at risk. The Commission, however, notes that France has not made any changes to those incentive schemes in comparison with the draft FABEC performance plan submitted in 2021 and the revised draft FABEC performance plan submitted on 13 July 2022.

en route

| (41) | Therefore, in the light of recital 40, the Commission concludes that the incentive schemes set out in the revised draft national performance plan continue to give rise to concerns. The Commission therefore reiterates its view that France should revise, in connection with the adoption of its final performance plan in accordance with Article 16, point (a) of Implementing Regulation (EU) 2019/317, its incentive schemes for achieving en route and terminal capacity targets in such a way that the maximum financial disadvantages stemming from those incentive schemes are set at a level having a material impact on the revenue at risk, as expressly required by Article 11(3), point (a) of Implementing Regulation (EU) 2019/317, which in the Commission’s view should lead to a maximum financial disadvantage equal to or higher than 1 % of determined costs. |
| --- | --- |

(41)

Therefore, in the light of recital 40, the Commission concludes that the incentive schemes set out in the revised draft national performance plan continue to give rise to concerns. The Commission therefore reiterates its view that France should revise, in connection with the adoption of its final performance plan in accordance with Article 16, point (a) of Implementing Regulation (EU) 2019/317, its incentive schemes for achieving en route and terminal capacity targets in such a way that the maximum financial disadvantages stemming from those incentive schemes are set at a level having a material impact on the revenue at risk, as expressly required by Article 11(3), point (a) of Implementing Regulation (EU) 2019/317, which in the Commission’s view should lead to a maximum financial disadvantage equal to or higher than 1 % of determined costs.

en route

CONCLUSIONS

CONCLUSIONS

| (42) | In the light of all the foregoing, the Commission finds that the performance targets included in the revised draft national performance plan submitted by France are consistent with the Union-wide performance targets, |
| --- | --- |

(42)

In the light of all the foregoing, the Commission finds that the performance targets included in the revised draft national performance plan submitted by France are consistent with the Union-wide performance targets,

HAS ADOPTED THIS DECISION:

Article 1

The performance targets included in the revised draft performance plan submitted by France on 28 October 2022, pursuant to Regulation (EC) No 549/2004, and listed in the Annex to this Decision, are consistent with the Union-wide performance targets for the third reference period set out in Implementing Decision (EU) 2021/891.

Article 2

This Decision is addressed to the French Republic.

Done at Brussels, 14 December 2022.

For the Commission

Adina-Ioana VĂLEAN

Member of the Commission

---

(1)  
  OJ L 96, 31.3.2004, p. 1.

1

(2)  
  OJ L 56, 25.2.2019, p. 1.

2

(3)  Commission Implementing Decision (EU) 2019/903 of 29 May 2019 setting the Union-wide performance targets for the air traffic management network for the third reference period starting on 1 January 2020 and ending on 31 December 2024 (OJ L 144, 3.6.2019, p. 49).

3

(4)  Commission Implementing Regulation (EU) 2020/1627 of 3 November 2020 on exceptional measures for the third reference period (2020-2024) of the single European sky performance and charging scheme due to COVID-19 pandemic (OJ L 366, 4.11.2020, p. 7).

4

(5)  Commission Implementing Decision (EU) 2021/891 of 2 June 2021 setting revised Union-wide performance targets for the air traffic management network for the third reference period (2020-2024) and repealing Implementing Decision (EU) 2019/903 (OJ L 195, 3.6.2021, p. 3).

5

(6)  Commission Implementing Decision (EU) 2022/728 of 13 April 2022 on the inconsistency of certain performance targets contained in the draft national and functional airspace block performance plans submitted by Belgium, Germany, Greece, France, Cyprus, Latvia, Luxembourg, Malta, the Netherlands, Romania, and Sweden pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period and setting out recommendations for the revision of those targets (OJ L 135, 12.5.2022, p. 4).

6

(7)  Commission Decision (EU) 2022/2255 of 24 October 2022 on the initiation of the detailed examination of certain performance targets contained in the revised draft performance plan for the third reference period submitted at functional airspace block level by Belgium, Germany, France, Luxembourg, and the Netherlands pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council (OJ L 297, 17.11.2022, p. 71).

7

(8)  Regulation No 1 determining the languages to be used by the European Economic Community (OJ 17, 6.10.1958, p. 385/58).

8

---

ANNEX

Performance targets included in the revised draft performance plan submitted by France pursuant to Regulation (EC) No 549/2004, found to be consistent with the Union-wide performance targets for the third reference period

KEY PERFORMANCE AREA OF SAFETY

Effectiveness of safety management

| France | Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from EASA level A to D |
| --- | --- |
| Air navigation service provider concerned | Safety management objective | 2022 | 2023 | 2024 |
| DSNA | Safety policy and objectives | C | C | C |
| Safety risk management | D | D | D |
| Safety assurance | C | C | C |
| Safety promotion | C | C | C |
| Safety culture | C | C | C |

France

Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from EASA level A to D

Air navigation service provider concerned

Safety management objective

2022

2023

2024

DSNA

Safety policy and objectives

C

C

C

Safety risk management

D

D

D

Safety assurance

C

C

C

Safety promotion

C

C

C

Safety culture

C

C

C

KEY PERFORMANCE AREA OF ENVIRONMENT

Average horizontal en route flight efficiency of the actual trajectory

| France | 2022 | 2023 | 2024 |
| --- | --- | --- | --- |
| Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory | 2,83  % | 2,83  % | 2,83  % |

France

2022

2023

2024

Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory

2,83  %

2,83  %

2,83  %

KEY PERFORMANCE AREA OF CAPACITY

Average en route ATFM delay in minutes per flight

| France | 2022 | 2023 | 2024 |
| --- | --- | --- | --- |
| Targets in the key performance area of capacity, expressed in minutes of ATFM delay per flight | 0,25 | 0,25 | 0,25 |

France

2022

2023

2024

Targets in the key performance area of capacity, expressed in minutes of ATFM delay per flight

0,25

0,25

0,25

KEY PERFORMANCE AREA OF COST-EFFICIENCY

Determined unit cost for en route air navigation services

| En route charging zone of France | 2014 baseline value | 2019 baseline value | 2020 -2021 | 2022 | 2023 | 2024 |
| --- | --- | --- | --- | --- | --- | --- |
| En route cost-efficiency targets, expressed as determined en route unit cost (in real terms in 2017 prices) | 65,24 EUR | 59,43 EUR | 132,06 EUR | 76,14 EUR | 62,09 EUR | 58,56 EUR |

En route charging zone of France

2014 baseline value

2019 baseline value

2020 -2021

2022

2023

2024

En route cost-efficiency targets, expressed as determined en route unit cost (in real terms in 2017 prices)

65,24 EUR

59,43 EUR

132,06 EUR

76,14 EUR

62,09 EUR

58,56 EUR

---

| 27.1.2023 | EN | Official Journal of the European Union | L 25/79 |
| --- | --- | --- | --- |

27.1.2023

EN

Official Journal of the European Union

L 25/79

---

COMMISSION DECISION (EU) 2023/177

of 14 December 2022

on the consistency of the performance targets contained in the revised draft performance plan submitted by Germany pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period

(notified under document C(2022) 9233)

(Only the English text is authentic)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (1), and in particular Article 11(3), point (c) thereof,

Having regard to Commission Implementing Regulation (EU) 2019/317 of 11 February 2019 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013 (2), and in particular Article 15(2) thereof,

Whereas:

GENERAL CONSIDERATIONS

GENERAL CONSIDERATIONS

| (1) | Pursuant to Article 10 of Implementing Regulation (EU) 2019/317, Member States are to draw up performance plans, either at national level or at functional airspace blocks level (‘FAB’), which have to include binding performance targets for each reference period of the performance scheme for air navigation services and network functions. Those performance targets are to be consistent with the Union-wide targets adopted by the Commission for the reference period concerned. |
| --- | --- |

(1)

Pursuant to Article 10 of Implementing Regulation (EU) 2019/317, Member States are to draw up performance plans, either at national level or at functional airspace blocks level (‘FAB’), which have to include binding performance targets for each reference period of the performance scheme for air navigation services and network functions. Those performance targets are to be consistent with the Union-wide targets adopted by the Commission for the reference period concerned.

| (2) | Union-wide performance targets for the third reference period (‘RP3’) were originally set out in Commission Implementing Decision (EU) 2019/903 (3). Since those Union-wide performance targets and the draft RP3 performance plans subsequently submitted in October 2019 by Member States were drawn up before the outbreak of the COVID-19 pandemic in March 2020, they did not take account of the considerable reduction in air traffic due to the measures taken by the Member States and third countries to contain the pandemic. |
| --- | --- |

(2)

Union-wide performance targets for the third reference period (‘RP3’) were originally set out in Commission Implementing Decision (EU) 2019/903 (3). Since those Union-wide performance targets and the draft RP3 performance plans subsequently submitted in October 2019 by Member States were drawn up before the outbreak of the COVID-19 pandemic in March 2020, they did not take account of the considerable reduction in air traffic due to the measures taken by the Member States and third countries to contain the pandemic.

3

| (3) | In response to the impact of the COVID-19 pandemic on the provision of air navigation services, exceptional measures for RP3, which derogate from the provisions of Implementing Regulation (EU) 2019/317, were set out in Commission Implementing Regulation (EU) 2020/1627 (4). The Commission adopted, on 2 June 2021, Commission Implementing Decision (EU) 2021/891 (5) setting revised Union-wide performance targets for RP3. On that basis, in October 2021, Member States submitted to the Commission draft performance plans containing revised local performance targets for RP3. |
| --- | --- |

(3)

In response to the impact of the COVID-19 pandemic on the provision of air navigation services, exceptional measures for RP3, which derogate from the provisions of Implementing Regulation (EU) 2019/317, were set out in Commission Implementing Regulation (EU) 2020/1627 (4). The Commission adopted, on 2 June 2021, Commission Implementing Decision (EU) 2021/891 (5) setting revised Union-wide performance targets for RP3. On that basis, in October 2021, Member States submitted to the Commission draft performance plans containing revised local performance targets for RP3.

4

5

| (4) | The Commission adopted, on 13 April 2022, Commission Implementing Decision (EU) 2022/728 (6) addressed to Belgium, Germany, Greece, France, Cyprus, Latvia, Luxembourg, Malta, the Netherlands, Romania and Sweden. That Decision set out that, in respect of the draft performance plan established at functional airspace block level by the Federal Republic of Germany (‘Germany’), jointly with Belgium, France, Luxembourg, and the Netherlands (‘draft FABEC performance plan’), t the en route cost-efficiency performance targets for the Belgium-Luxembourg charging zone were not consistent with the Union-wide performance targets, and issued recommendations for the revision of those targets. Implementing Decision (EU) 2022/728 did not include any findings with regard to the performance targets applicable to air navigation services provided in the airspace of Germany. |
| --- | --- |

(4)

The Commission adopted, on 13 April 2022, Commission Implementing Decision (EU) 2022/728 (6) addressed to Belgium, Germany, Greece, France, Cyprus, Latvia, Luxembourg, Malta, the Netherlands, Romania and Sweden. That Decision set out that, in respect of the draft performance plan established at functional airspace block level by the Federal Republic of Germany (‘Germany’), jointly with Belgium, France, Luxembourg, and the Netherlands (‘draft FABEC performance plan’), t the en route cost-efficiency performance targets for the Belgium-Luxembourg charging zone were not consistent with the Union-wide performance targets, and issued recommendations for the revision of those targets. Implementing Decision (EU) 2022/728 did not include any findings with regard to the performance targets applicable to air navigation services provided in the airspace of Germany.

6

en route

| (5) | In response to Russia’s war of aggression against Ukraine, which started on 24 February 2022, the Union has imposed restrictive measures which prohibit Russian air carriers, any Russian-registered aircraft and any non-Russian-registered aircraft which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, from landing in and taking off from, or overflying the territory of the Union. Those restrictive measures and the counter-measures adopted by Russia have led to changes in air traffic in European airspace. Certain Member States have been severely affected by a significant reduction in the number of overflights in the airspace under their responsibility. However, at Union-wide level, the observed impact on the number of flights has been limited in contrast with the sharp reduction of air traffic across Europe which resulted from the outbreak of the COVID-19 pandemic. |
| --- | --- |

(5)

In response to Russia’s war of aggression against Ukraine, which started on 24 February 2022, the Union has imposed restrictive measures which prohibit Russian air carriers, any Russian-registered aircraft and any non-Russian-registered aircraft which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, from landing in and taking off from, or overflying the territory of the Union. Those restrictive measures and the counter-measures adopted by Russia have led to changes in air traffic in European airspace. Certain Member States have been severely affected by a significant reduction in the number of overflights in the airspace under their responsibility. However, at Union-wide level, the observed impact on the number of flights has been limited in contrast with the sharp reduction of air traffic across Europe which resulted from the outbreak of the COVID-19 pandemic.

| (6) | On 13 July 2022, Germany, jointly with Belgium, France, Luxembourg and the Netherlands, submitted to the Commission a revised draft FABEC performance plan for RP3. |
| --- | --- |

(6)

On 13 July 2022, Germany, jointly with Belgium, France, Luxembourg and the Netherlands, submitted to the Commission a revised draft FABEC performance plan for RP3.

| (7) | On 24 October 2022, the Commission concluded that the revised cost-efficiency performance targets proposed for the Belgium-Luxembourg en route charging zone continue to give rise to doubts as to their consistency with the Union-wide performance targets. The Commission therefore initiated the detailed examination in accordance with Article 15(3) of Implementing Regulation (EU) 2019/317 in respect of those performance targets, which are contained in the revised draft FABEC performance plan submitted on 13 July 2022. The Commission notified Belgium, France, Germany, Luxembourg, and the Netherlands thereof by its Decision (EU) 2022/2255 (7). |
| --- | --- |

(7)

On 24 October 2022, the Commission concluded that the revised cost-efficiency performance targets proposed for the Belgium-Luxembourg en route charging zone continue to give rise to doubts as to their consistency with the Union-wide performance targets. The Commission therefore initiated the detailed examination in accordance with Article 15(3) of Implementing Regulation (EU) 2019/317 in respect of those performance targets, which are contained in the revised draft FABEC performance plan submitted on 13 July 2022. The Commission notified Belgium, France, Germany, Luxembourg, and the Netherlands thereof by its Decision (EU) 2022/2255 (7).

en route

7

| (8) | On 3 November 2022, Germany informed the Commission that it has withdrawn from the revised draft FABEC performance plan, and submitted to the Commission a revised draft performance plan for RP3 established at national level (the ‘revised draft national performance plan’). The revised draft national performance plan maintains the performance targets for air navigation services provided in the airspace of Germany at the level set in the revised draft FABEC performance plan submitted on 13 July 2022. There were effectively no additional performance benefits or synergies for Germany deriving from the revised draft FABEC performance plan. The revised draft national performance plan does not list any negative impact resulting from the discontinuation of the performance planning and target setting activities at FABEC level. |
| --- | --- |

(8)

On 3 November 2022, Germany informed the Commission that it has withdrawn from the revised draft FABEC performance plan, and submitted to the Commission a revised draft performance plan for RP3 established at national level (the ‘revised draft national performance plan’). The revised draft national performance plan maintains the performance targets for air navigation services provided in the airspace of Germany at the level set in the revised draft FABEC performance plan submitted on 13 July 2022. There were effectively no additional performance benefits or synergies for Germany deriving from the revised draft FABEC performance plan. The revised draft national performance plan does not list any negative impact resulting from the discontinuation of the performance planning and target setting activities at FABEC level.

| (9) | The performance review body, assisting the Commission in the implementation of the performance scheme pursuant to Article 11(2) of Regulation (EC) No 549/2004, has submitted to the Commission a report containing its assessment of the revised draft national performance plan. |
| --- | --- |

(9)

The performance review body, assisting the Commission in the implementation of the performance scheme pursuant to Article 11(2) of Regulation (EC) No 549/2004, has submitted to the Commission a report containing its assessment of the revised draft national performance plan.

| (10) | In accordance with Article 15(1) of Implementing Regulation (EU) 2019/317, the Commission, taking account of local circumstances, has assessed the consistency of the local performance targets included in the revised draft national performance plan on the basis of the assessment criteria laid down in point 1 of Annex IV to that Regulation. In respect of each key performance area and the related performance targets, the Commission has complemented its assessment by reviewing the elements set out in point 2 of Annex IV to Implementing Regulation (EU) 2019/317. |
| --- | --- |

(10)

In accordance with Article 15(1) of Implementing Regulation (EU) 2019/317, the Commission, taking account of local circumstances, has assessed the consistency of the local performance targets included in the revised draft national performance plan on the basis of the assessment criteria laid down in point 1 of Annex IV to that Regulation. In respect of each key performance area and the related performance targets, the Commission has complemented its assessment by reviewing the elements set out in point 2 of Annex IV to Implementing Regulation (EU) 2019/317.

| (11) | The Eurocontrol’s Statistics and Forecast Service (‘STATFOR’) base traffic forecast published in June 2022 takes account of the change in circumstances with respect to air traffic in the European airspace following Russia’s war of aggression against Ukraine. On the basis of that forecast, the Commission notes that Germany is not expected to experience major changes in air traffic flows over RP3 as a result of Russia’s war of aggression against Ukraine. Therefore, that change in circumstances does not directly impact the performance targets contained in the revised draft national performance plan or the Commission’s assessment of those targets in respect of their consistency with the Union-wide performance targets. |
| --- | --- |

(11)

The Eurocontrol’s Statistics and Forecast Service (‘STATFOR’) base traffic forecast published in June 2022 takes account of the change in circumstances with respect to air traffic in the European airspace following Russia’s war of aggression against Ukraine. On the basis of that forecast, the Commission notes that Germany is not expected to experience major changes in air traffic flows over RP3 as a result of Russia’s war of aggression against Ukraine. Therefore, that change in circumstances does not directly impact the performance targets contained in the revised draft national performance plan or the Commission’s assessment of those targets in respect of their consistency with the Union-wide performance targets.

| (12) | Germany exceptionally agrees to waive its rights deriving from Article 342 of the Treaty on the Functioning of the European Union, in conjunction with Article 3 of Regulation No 1/1958 (8) and to have this Decision adopted and notified in English. |
| --- | --- |

(12)

Germany exceptionally agrees to waive its rights deriving from Article 342 of the Treaty on the Functioning of the European Union, in conjunction with Article 3 of Regulation No 1/1958 (8) and to have this Decision adopted and notified in English.

8

COMMISSION ASSESSMENT

COMMISSION ASSESSMENT

Assessment of performance targets in the key performance area of safety

Assessment of performance targets in the key performance area of safety

| (13) | Concerning the key performance area of safety, the Commission has assessed the consistency of the targets included in the revised draft national performance plan submitted by Germany regarding the effectiveness of safety management of air navigation service providers (‘ANSPs’) in accordance with point 1.1 of Annex IV to Implementing Regulation (EU) 2019/317. |
| --- | --- |

(13)

Concerning the key performance area of safety, the Commission has assessed the consistency of the targets included in the revised draft national performance plan submitted by Germany regarding the effectiveness of safety management of air navigation service providers (‘ANSPs’) in accordance with point 1.1 of Annex IV to Implementing Regulation (EU) 2019/317.

| (14) | The local safety performance targets proposed by Germany in respect of the effectiveness of safety management, broken down per safety management objective and expressed as a level of implementation, are as follows:











  Germany | Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from European Aviation Safety Agency (‘EASA’) level A to D |
| --- | --- | --- |
| Air navigation service provider concerned | Safety management objective | 2022 | 2023 | 2024 | Union-wide targets




  (2024) |
| DFS | Safety policy and objectives | C | C | C | C |
| Safety risk management | C | D | D | D |
| Safety assurance | B | C | C | C |
| Safety promotion | C | C | C | C |
| Safety culture | C | C | C | C |

(14)

The local safety performance targets proposed by Germany in respect of the effectiveness of safety management, broken down per safety management objective and expressed as a level of implementation, are as follows:

Germany

Germany

Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from European Aviation Safety Agency (‘EASA’) level A to D

Targets on the effectiveness of safety management, expressed as a level of implementation

Air navigation service provider concerned

Air navigation service provider concerned

Safety management objective

Safety management objective

2022

2022

2023

2023

2024

2024

Union-wide targets

Union-wide targets

(2024)

(2024)

DFS

DFS

Safety policy and objectives

C

C

C

C

C

C

Safety risk management

C

D

D

D

D

D

Safety assurance

B

C

C

C

C

C

Safety promotion

C

C

C

C

C

C

Safety culture

C

C

C

C

C

C

| (15) | The safety performance targets proposed by Germany for the air navigation services provider (‘ANSP’), namely Deutsche Flugsicherung (‘DFS’), are consistent with the Union-wide performance targets. |
| --- | --- |

(15)

The safety performance targets proposed by Germany for the air navigation services provider (‘ANSP’), namely Deutsche Flugsicherung (‘DFS’), are consistent with the Union-wide performance targets.

| (16) | The Commission notes that the revised draft national performance plan sets out measures for DFS for the achievement of the local safety targets, such as regular safety culture surveys and campaigns, regular updates of the safety plan of the ANSP, and a dedicated change management process. |
| --- | --- |

(16)

The Commission notes that the revised draft national performance plan sets out measures for DFS for the achievement of the local safety targets, such as regular safety culture surveys and campaigns, regular updates of the safety plan of the ANSP, and a dedicated change management process.

| (17) | Therefore, in the light of recitals 14, 15 and 16, and considering that the Union-wide safety performance targets set in Implementing Decision (EU) 2021/891 are to be achieved by the final year of RP3, namely 2024, the targets in the key performance area of safety included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets. |
| --- | --- |

(17)

Therefore, in the light of recitals 14, 15 and 16, and considering that the Union-wide safety performance targets set in Implementing Decision (EU) 2021/891 are to be achieved by the final year of RP3, namely 2024, the targets in the key performance area of safety included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets.

Assessment of performance targets in the key performance area of environment

Assessment of performance targets in the key performance area of environment

| (18) | Concerning the key performance area of environment, the consistency of the targets submitted by Germany regarding the average horizontal en route flight efficiency of the actual trajectory has been assessed in accordance with point 1.2 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the proposed targets included in the revised draft national performance plan have been compared with the relevant en route horizontal flight efficiency reference values set out in the European Route Network Improvement Plan (‘ERNIP’) available on 2 June 2021, date of adoption of the revised Union-wide performance targets for RP3. |
| --- | --- |

(18)

Concerning the key performance area of environment, the consistency of the targets submitted by Germany regarding the average horizontal en route flight efficiency of the actual trajectory has been assessed in accordance with point 1.2 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the proposed targets included in the revised draft national performance plan have been compared with the relevant en route horizontal flight efficiency reference values set out in the European Route Network Improvement Plan (‘ERNIP’) available on 2 June 2021, date of adoption of the revised Union-wide performance targets for RP3.

en route

en route

| (19) | In respect of the year 2020, the Union-wide performance target for RP3 in the key performance area of environment, which was initially set out in Implementing Decision (EU) 2019/903, before the outbreak of the COVID-19 pandemic, was not revised by Implementing Decision (EU) 2021/891, in so far as the period for the application of that target had expired and its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, it is not possible to modify retroactively, in the revised draft performance plans, the local environment performance targets for the year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local environment performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024. |
| --- | --- |

(19)

In respect of the year 2020, the Union-wide performance target for RP3 in the key performance area of environment, which was initially set out in Implementing Decision (EU) 2019/903, before the outbreak of the COVID-19 pandemic, was not revised by Implementing Decision (EU) 2021/891, in so far as the period for the application of that target had expired and its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, it is not possible to modify retroactively, in the revised draft performance plans, the local environment performance targets for the year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local environment performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024.

| (20) | The performance targets in the key performance area of environment proposed by Germany and the corresponding national reference values for RP3 from the ERNIP, expressed as the average horizontal en route flight efficiency of the actual trajectory, are as follows:









  Germany | 2022 | 2023 | 2024 |
| --- | --- | --- | --- | --- |
| Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory | 2,30  % | 2,30  % | 2,30  % |
| Reference values | 2,30  % | 2,30  % | 2,30  % |

(20)

The performance targets in the key performance area of environment proposed by Germany and the corresponding national reference values for RP3 from the ERNIP, expressed as the average horizontal en route flight efficiency of the actual trajectory, are as follows:

Germany

Germany

2022

2022

2023

2023

2024

2024

Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory

Targets in the key performance area of environment,

en route

2,30  %

2,30  %

2,30  %

2,30  %

2,30  %

2,30  %

Reference values

2,30  %

2,30  %

2,30  %

| (21) | The Commission observes that the environment targets proposed by Germany are equal to the corresponding national reference values for each of the years 2022, 2023 and 2024. |
| --- | --- |

(21)

The Commission observes that the environment targets proposed by Germany are equal to the corresponding national reference values for each of the years 2022, 2023 and 2024.

| (22) | The Commission notes that, in its revised draft national performance plan, Germany has presented various measures for the achievement of the local environment targets which include cross-border free route operations with six neighbouring countries, as well as the removal of route restrictions and flight level caps. The Commission further invites Germany to put in place all the recommended measures from the ERNIP to improve en route trajectories. |
| --- | --- |

(22)

The Commission notes that, in its revised draft national performance plan, Germany has presented various measures for the achievement of the local environment targets which include cross-border free route operations with six neighbouring countries, as well as the removal of route restrictions and flight level caps. The Commission further invites Germany to put in place all the recommended measures from the ERNIP to improve en route trajectories.

en route

| (23) | Therefore, in the light of recitals 20, 21 and 22, the targets in the key performance area of environment included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets. |
| --- | --- |

(23)

Therefore, in the light of recitals 20, 21 and 22, the targets in the key performance area of environment included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets.

Assessment of performance targets in the key performance area of capacity

Assessment of performance targets in the key performance area of capacity

| (24) | Concerning the key performance area of capacity, the consistency of the targets submitted by Germany regarding the average en route air traffic flow management (‘ATFM’) delay per flight has been assessed in accordance with point 1.3 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the targets included in the revised draft performance plan have been compared with the relevant reference values set out in the Network Operations Plan available on 2 June 2021, date of adoption of the revised Union-wide performance targets for RP3. |
| --- | --- |

(24)

Concerning the key performance area of capacity, the consistency of the targets submitted by Germany regarding the average en route air traffic flow management (‘ATFM’) delay per flight has been assessed in accordance with point 1.3 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the targets included in the revised draft performance plan have been compared with the relevant reference values set out in the Network Operations Plan available on 2 June 2021, date of adoption of the revised Union-wide performance targets for RP3.

en route

| (25) | In respect of the year 2020, the Union-wide performance target for RP3 in the key performance area of capacity, which was initially set out in Implementing Decision (EU) 2019/903, before the outbreak of the COVID-19 pandemic, was not revised by Implementing Decision (EU) 2021/891 in so far as the period for the application of that target had expired and its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, it is not possible to modify retroactively, in the revised draft performance plans, the local capacity performance targets for the year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local capacity performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024. |
| --- | --- |

(25)

In respect of the year 2020, the Union-wide performance target for RP3 in the key performance area of capacity, which was initially set out in Implementing Decision (EU) 2019/903, before the outbreak of the COVID-19 pandemic, was not revised by Implementing Decision (EU) 2021/891 in so far as the period for the application of that target had expired and its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, it is not possible to modify retroactively, in the revised draft performance plans, the local capacity performance targets for the year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local capacity performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024.

| (26) | The en route capacity targets proposed by Germany for RP3, expressed in minutes of ATFM delay per flight, as well as the corresponding reference values from the Network Operations Plan, are as follows:









  Germany | 2022 | 2023 | 2024 |
| --- | --- | --- | --- | --- |
| Targets in the key performance area of capacity, expressed in minutes of ATFM delay per flight | 0,27 | 0,27 | 0,27 |
| Reference values | 0,27 | 0,27 | 0,27 |

(26)

The en route capacity targets proposed by Germany for RP3, expressed in minutes of ATFM delay per flight, as well as the corresponding reference values from the Network Operations Plan, are as follows:

en route

Germany

Germany

2022

2022

2023

2023

2024

2024

Targets in the key performance area of capacity, expressed in minutes of ATFM delay per flight

Targets in the key performance area of capacity

0,27

0,27

0,27

0,27

0,27

0,27

Reference values

0,27

0,27

0,27

| (27) | The Commission observes that the capacity targets proposed by Germany are equal to the corresponding national reference values for each of the years 2022, 2023 and 2024. |
| --- | --- |

(27)

The Commission observes that the capacity targets proposed by Germany are equal to the corresponding national reference values for each of the years 2022, 2023 and 2024.

| (28) | The Commission notes that, in its revised draft national performance plan, Germany has presented measures for the achievement of the local en route capacity targets. Those measures include a technical upgrade of the air traffic management system, airspace restructuring, enhanced civil-military coordination, the increased number of air traffic controller full-time equivalents, more flexible rostering for air traffic control, and cross-border initiatives to enhance interoperability and operational efficiencies. |
| --- | --- |

(28)

The Commission notes that, in its revised draft national performance plan, Germany has presented measures for the achievement of the local en route capacity targets. Those measures include a technical upgrade of the air traffic management system, airspace restructuring, enhanced civil-military coordination, the increased number of air traffic controller full-time equivalents, more flexible rostering for air traffic control, and cross-border initiatives to enhance interoperability and operational efficiencies.

en route

| (29) | Therefore, in the light of recitals 26, 27 and 28, the targets in the key performance area of capacity included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets. |
| --- | --- |

(29)

Therefore, in the light of recitals 26, 27 and 28, the targets in the key performance area of capacity included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets.

Review of draft capacity targets for terminal air navigation services

Review of draft capacity targets for terminal air navigation services

| (30) | With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317 as set out in Article 1(3) and (4) of that Regulation, the Commission has complemented its assessment of en route capacity targets by reviewing the capacity targets for terminal air navigation services in accordance with point 2.1.(b) of Annex IV to Implementing Regulation (EU) 2019/317. It was found that those targets do not raise concerns in respect of Germany. |
| --- | --- |

(30)

With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317 as set out in Article 1(3) and (4) of that Regulation, the Commission has complemented its assessment of en route capacity targets by reviewing the capacity targets for terminal air navigation services in accordance with point 2.1.(b) of Annex IV to Implementing Regulation (EU) 2019/317. It was found that those targets do not raise concerns in respect of Germany.

en route

Assessment of performance targets in the key performance area of cost-efficiency

Assessment of performance targets in the key performance area of cost-efficiency

| (31) | The Commission has assessed the consistency of the cost-efficiency targets proposed in the revised draft national performance plan in accordance with points 1.4(a), (b) and (c) of Annex IV to Implementing Regulation (EU) 2019/317. |
| --- | --- |

(31)

The Commission has assessed the consistency of the cost-efficiency targets proposed in the revised draft national performance plan in accordance with points 1.4(a), (b) and (c) of Annex IV to Implementing Regulation (EU) 2019/317.

| (32) | The en route cost-efficiency targets proposed by Germany for RP3 are as follows:













  En route charging zone of Germany | 2014 baseline value | 2019 baseline value | 2020–2021 | 2022 | 2023 | 2024 |
| --- | --- | --- | --- | --- | --- | --- | --- |
| En route cost-efficiency targets, expressed as determined en route unit cost (in real terms in 2017 prices) | 84,74


  EUR | 66,01


  EUR | 129,44


  EUR | 67,52


  EUR | 63,29


  EUR | 59,89


  EUR |

(32)

The en route cost-efficiency targets proposed by Germany for RP3 are as follows:

en route

En route charging zone of Germany

En route

2014 baseline value

2014 baseline value

2019 baseline value

2019 baseline value

2020–2021

2020–2021

2022

2022

2023

2023

2024

2024

En route cost-efficiency targets, expressed as determined en route unit cost (in real terms in 2017 prices)

En route

en route

84,74

84,74

EUR

EUR

66,01

66,01

EUR

EUR

129,44

129,44

EUR

EUR

67,52

67,52

EUR

EUR

63,29

63,29

EUR

EUR

59,89

59,89

EUR

EUR

| (33) | As regards point 1.4(a) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the en route determined unit cost (‘DUC’) trend at charging zone level of – 2,4 % over RP3 outperforms the Union-wide trend of + 1,0 % over the same period. |
| --- | --- |

(33)

As regards point 1.4(a) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the en route determined unit cost (‘DUC’) trend at charging zone level of – 2,4 % over RP3 outperforms the Union-wide trend of + 1,0 % over the same period.

en route

| (34) | As regards point 1.4(b) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the long-term en route DUC trend at charging zone level of – 3,8 % over the second reference period (‘RP2’) and RP3 outperforms the long-term Union-wide trend of – 1,3 % over the same period. |
| --- | --- |

(34)

As regards point 1.4(b) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the long-term en route DUC trend at charging zone level of – 3,8 % over the second reference period (‘RP2’) and RP3 outperforms the long-term Union-wide trend of – 1,3 % over the same period.

en route

| (35) | As regards point 1.4(c) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the baseline value for the DUC of EUR 66,01 of Germany, expressed in 2017 prices (‘EUR2017’), is 13,2 % higher than the average baseline value of 58,33 in EUR2017 of the relevant comparator group. |
| --- | --- |

(35)

As regards point 1.4(c) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the baseline value for the DUC of EUR 66,01 of Germany, expressed in 2017 prices (‘EUR2017’), is 13,2 % higher than the average baseline value of 58,33 in EUR2017 of the relevant comparator group.

| (36) | It is clear that Germany outperforms by a significant margin both the RP3 Union-wide DUC trend and the long-term Union-wide DUC trend. Furthermore, the DUC of Germany in 2024 is lower than the 2014 and 2019 baseline values, which shows an achievement of effective cost-efficiency gains over the medium and long term. Therefore, the Commission considers that, in respect of Germany, the difference between the baseline value and the comparator group average referred to in recital 35 does not preclude the cost-efficiency performance targets from being consistent with the Union-wide cost-efficiency performance targets. |
| --- | --- |

(36)

It is clear that Germany outperforms by a significant margin both the RP3 Union-wide DUC trend and the long-term Union-wide DUC trend. Furthermore, the DUC of Germany in 2024 is lower than the 2014 and 2019 baseline values, which shows an achievement of effective cost-efficiency gains over the medium and long term. Therefore, the Commission considers that, in respect of Germany, the difference between the baseline value and the comparator group average referred to in recital 35 does not preclude the cost-efficiency performance targets from being consistent with the Union-wide cost-efficiency performance targets.

| (37) | Therefore, in the light of recitals 31 to 36, the targets in the key performance area of cost-efficiency included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets. |
| --- | --- |

(37)

Therefore, in the light of recitals 31 to 36, the targets in the key performance area of cost-efficiency included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets.

Review of cost-efficiency targets for terminal air navigation services

Review of cost-efficiency targets for terminal air navigation services

| (38) | With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317 as set out in Articles 1(3) and (4) of that Regulation, the Commission has complemented its assessment of the en route cost-efficiency targets by reviewing the cost-efficiency targets for terminal air navigation services in accordance with point 2.1(c) of Annex IV to Implementing Regulation (EU) 2019/317. It was found that those targets do not raise concerns in respect of Germany. |
| --- | --- |

(38)

With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317 as set out in Articles 1(3) and (4) of that Regulation, the Commission has complemented its assessment of the en route cost-efficiency targets by reviewing the cost-efficiency targets for terminal air navigation services in accordance with point 2.1(c) of Annex IV to Implementing Regulation (EU) 2019/317. It was found that those targets do not raise concerns in respect of Germany.

en route

Review of the incentive schemes referred to in Article 11 of Implementing Regulation (EU) 2019/317 complementing the Commission’s assessment of capacity targets

Review of the incentive schemes referred to in Article 11 of Implementing Regulation (EU) 2019/317 complementing the Commission’s assessment of capacity targets

| (39) | In accordance with point 2.1(f) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission has complemented its assessment of capacity targets by reviewing the incentive schemes referred to in Article 11 of Implementing Regulation (EU) 2019/317. In that respect, the Commission has examined whether the proposed incentive schemes fulfil the substantive requirements set out in Article 11(1) and (3) of Implementing Regulation (EU) 2019/317. |
| --- | --- |

(39)

In accordance with point 2.1(f) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission has complemented its assessment of capacity targets by reviewing the incentive schemes referred to in Article 11 of Implementing Regulation (EU) 2019/317. In that respect, the Commission has examined whether the proposed incentive schemes fulfil the substantive requirements set out in Article 11(1) and (3) of Implementing Regulation (EU) 2019/317.

| (40) | In Implementing Decision (EU) 2022/728, the Commission concluded that Germany is to revise its incentive scheme for achieving en route capacity targets in such a way that the maximum financial disadvantage stemming from that incentive scheme is set at a level having a material impact on the revenue at risk. The Commission notes that Germany has not made any changes to its incentive schemes in comparison with the draft FABEC performance plan submitted in 2021 and the revised draft FABEC performance plan submitted on 13 July 2022. |
| --- | --- |

(40)

In Implementing Decision (EU) 2022/728, the Commission concluded that Germany is to revise its incentive scheme for achieving en route capacity targets in such a way that the maximum financial disadvantage stemming from that incentive scheme is set at a level having a material impact on the revenue at risk. The Commission notes that Germany has not made any changes to its incentive schemes in comparison with the draft FABEC performance plan submitted in 2021 and the revised draft FABEC performance plan submitted on 13 July 2022.

en route

| (41) | Therefore, in the light of recital 40, the Commission concludes that the en route capacity incentive scheme set out in the revised draft national performance plan continues to give rise to concerns. The Commission therefore reiterates its view that Germany should revise, in connection with the adoption of its final performance plan in accordance with Article 16, point (a) of Implementing Regulation (EU) 2019/317, its incentive scheme for achieving en route capacity targets so that the maximum financial disadvantage stemming from that incentive scheme is set at a level having a material impact on the revenue at risk, as expressly required by Article 11(3), point (a) of Implementing Regulation (EU) 2019/317, which in the Commission’s view should lead to a maximum financial disadvantage equal to or higher than 1 % of determined costs. |
| --- | --- |

(41)

Therefore, in the light of recital 40, the Commission concludes that the en route capacity incentive scheme set out in the revised draft national performance plan continues to give rise to concerns. The Commission therefore reiterates its view that Germany should revise, in connection with the adoption of its final performance plan in accordance with Article 16, point (a) of Implementing Regulation (EU) 2019/317, its incentive scheme for achieving en route capacity targets so that the maximum financial disadvantage stemming from that incentive scheme is set at a level having a material impact on the revenue at risk, as expressly required by Article 11(3), point (a) of Implementing Regulation (EU) 2019/317, which in the Commission’s view should lead to a maximum financial disadvantage equal to or higher than 1 % of determined costs.

en route

en route

CONCLUSIONS

CONCLUSIONS

| (42) | In the light of all the foregoing, the Commission finds that the performance targets included in the revised draft national performance plan submitted by Germany are consistent with the Union-wide performance targets, |
| --- | --- |

(42)

In the light of all the foregoing, the Commission finds that the performance targets included in the revised draft national performance plan submitted by Germany are consistent with the Union-wide performance targets,

HAS ADOPTED THIS DECISION:

Article 1

The performance targets included in the revised draft performance plan submitted by Germany on 3 November 2022, pursuant to Regulation (EC) No 549/2004, and listed in the Annex to this Decision, are consistent with the Union-wide performance targets for the third reference period set out in Implementing Decision (EU) 2021/891.

Article 2

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 14 December 2022

For the Commission

Adina-Ioana VĂLEAN

Member of the Commission

---

(1)  
  OJ L 96, 31.3.2004, p. 1.

1

(2)  
  OJ L 56, 25.2.2019, p. 1.

2

(3)  Commission Implementing Decision (EU) 2019/903 of 29 May 2019 setting the Union-wide performance targets for the air traffic management network for the third reference period starting on 1 January 2020 and ending on 31 December 2024 (OJ L 144, 3.6.2019, p. 49).

3

(4)  Commission Implementing Regulation (EU) 2020/1627 of 3 November 2020 on exceptional measures for the third reference period (2020-2024) of the single European sky performance and charging scheme due to COVID-19 pandemic (OJ L 366, 4.11.2020, p. 7).

4

(5)  Commission Implementing Decision (EU) 2021/891 of 2 June 2021 setting revised Union-wide performance targets for the air traffic management network for the third reference period (2020-2024) and repealing Implementing Decision (EU) 2019/903 (OJ L 195, 3.6.2021, p. 3).

5

(6)  Commission Implementing Decision (EU) 2022/728 of 13 April 2022 on the inconsistency of certain performance targets contained in the draft national and functional airspace block performance plans submitted by Belgium, Germany, Greece, France, Cyprus, Latvia, Luxembourg, Malta, the Netherlands, Romania, and Sweden pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period and setting out recommendations for the revision of those targets (OJ L 135, 12.5.2022, p. 4).

6

(7)  Commission Decision (EU) 2022/2255 of 24 October 2022 on the initiation of the detailed examination of certain performance targets contained in the revised draft performance plan for the third reference period submitted at functional airspace block level by Belgium, Germany, France, Luxembourg, and the Netherlands pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council (OJ L 297, 17.11.2022, p. 71).

7

(8)  Regulation No 1 determining the languages to be used by the European Economic Community (OJ 17, 6.10.1958, p. 385/58).

8

---

ANNEX

Performance targets included in the revised draft performance plan submitted by Germany pursuant to Regulation (EC) No 549/2004, found to be consistent with the Union-wide performance targets for the third reference period

KEY PERFORMANCE AREA OF SAFETY

Effectiveness of safety management

| Germany | Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from EASA level A to D |
| --- | --- |
| Air navigation service provider concerned | Safety management objective | 2022 | 2023 | 2024 |
| DFS | Safety policy and objectives | C | C | C |
| Safety risk management | C | D | D |
| Safety assurance | B | C | C |
| Safety promotion | C | C | C |
| Safety culture | C | C | C |

Germany

Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from EASA level A to D

Air navigation service provider concerned

Safety management objective

2022

2023

2024

DFS

Safety policy and objectives

C

C

C

Safety risk management

C

D

D

Safety assurance

B

C

C

Safety promotion

C

C

C

Safety culture

C

C

C

KEY PERFORMANCE AREA OF ENVIRONMENT

Average horizontal en route flight efficiency of the actual trajectory

| Germany | 2022 | 2023 | 2024 |
| --- | --- | --- | --- |
| Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory | 2,30  % | 2,30  % | 2,30  % |

Germany

2022

2023

2024

Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory

2,30  %

2,30  %

2,30  %

KEY PERFORMANCE AREA OF CAPACITY

Average en route ATFM delay in minutes per flight

| Germany | 2022 | 2023 | 2024 |
| --- | --- | --- | --- |
| Targets in the key performance area of capacity, expressed in minutes of ATFM delay per flight | 0,27 | 0,27 | 0,27 |

Germany

2022

2023

2024

Targets in the key performance area of capacity, expressed in minutes of ATFM delay per flight

0,27

0,27

0,27

KEY PERFORMANCE AREA OF COST-EFFICIENCY

Determined unit cost for en route air navigation services

| En route charging zone of Germany | 2014 baseline value | 2019 baseline value | 2020 -2021 | 2022 | 2023 | 2024 |
| --- | --- | --- | --- | --- | --- | --- |
| En route cost-efficiency targets, expressed as determined en route unit cost (in real terms in 2017 prices) | 84,74


  EUR | 66,01


  EUR | 129,44


  EUR | 67,52


  EUR | 63,29


  EUR | 59,89


  EUR |

En route charging zone of Germany

2014 baseline value

2019 baseline value

2020 -2021

2022

2023

2024

En route cost-efficiency targets, expressed as determined en route unit cost (in real terms in 2017 prices)

84,74

EUR

66,01

EUR

129,44

EUR

67,52

EUR

63,29

EUR

59,89

EUR

---

| 27.1.2023 | EN | Official Journal of the European Union | L 25/87 |
| --- | --- | --- | --- |

27.1.2023

EN

Official Journal of the European Union

L 25/87

---

COMMISSION DECISION (EU) 2023/178

of 14 December 2022

on the consistency of the performance targets contained in the revised draft performance plan submitted by Switzerland pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period

(notified under document C(2022) 9236)

(Only the English text is authentic)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Agreement between the European Community and the Swiss Confederation on Air Transport (1),

Having regard to Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (2), and in particular Article 11(3), point (c) thereof,

Having regard to Commission Implementing Regulation (EU) 2019/317 of 11 February 2019 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013 (3), and in particular Article 15(2) thereof,

Whereas:

GENERAL CONSIDERATIONS

GENERAL CONSIDERATIONS

| (1) | Pursuant to Article 10 of Implementing Regulation (EU) 2019/317, Member States are to draw up performance plans, either at national level or at functional airspace blocks level (‘FAB’), which are to include binding performance targets for each reference period of the performance scheme for air navigation services and network functions. Those performance targets are to be consistent with the Union-wide targets adopted by the Commission for the reference period concerned. |
| --- | --- |

(1)

Pursuant to Article 10 of Implementing Regulation (EU) 2019/317, Member States are to draw up performance plans, either at national level or at functional airspace blocks level (‘FAB’), which are to include binding performance targets for each reference period of the performance scheme for air navigation services and network functions. Those performance targets are to be consistent with the Union-wide targets adopted by the Commission for the reference period concerned.

| (2) | Union-wide performance targets for the third reference period (‘RP3’) were originally set out in Commission Implementing Decision (EU) 2019/903 (4). Since those Union-wide performance targets and the draft RP3 performance plans subsequently submitted in October 2019 by Member States were drawn up before the outbreak of the COVID-19 pandemic in March 2020, they did not take account of the considerable reduction in air traffic due to the measures taken by the Member States and third countries to contain the pandemic. |
| --- | --- |

(2)

Union-wide performance targets for the third reference period (‘RP3’) were originally set out in Commission Implementing Decision (EU) 2019/903 (4). Since those Union-wide performance targets and the draft RP3 performance plans subsequently submitted in October 2019 by Member States were drawn up before the outbreak of the COVID-19 pandemic in March 2020, they did not take account of the considerable reduction in air traffic due to the measures taken by the Member States and third countries to contain the pandemic.

4

| (3) | In response to the impact of the COVID-19 pandemic on the provision of air navigation services, exceptional measures for RP3, which derogate from the provisions of Implementing Regulation (EU) 2019/317, were set out in Commission Implementing Regulation (EU) 2020/1627 (5). The Commission adopted, on 2 June 2021, Commission Implementing Decision (EU) 2021/891 (6) setting revised Union-wide performance targets for RP3. On that basis, in October 2021, Member States submitted to the Commission draft performance plans containing revised local performance targets for RP3. |
| --- | --- |

(3)

In response to the impact of the COVID-19 pandemic on the provision of air navigation services, exceptional measures for RP3, which derogate from the provisions of Implementing Regulation (EU) 2019/317, were set out in Commission Implementing Regulation (EU) 2020/1627 (5). The Commission adopted, on 2 June 2021, Commission Implementing Decision (EU) 2021/891 (6) setting revised Union-wide performance targets for RP3. On that basis, in October 2021, Member States submitted to the Commission draft performance plans containing revised local performance targets for RP3.

5

6

| (4) | Switzerland submitted to the Commission its draft performance plan at FAB level, in this case at the level of Functional Airspace Block Europe Central (‘FABEC’), together with Belgium, Germany, France, Luxembourg, and the Netherlands (‘Member States part of FABEC’). By its Implementing Decision (EU) 2022/780 (7), the Commission notified Switzerland that the cost-efficiency performance targets for the Belgium-Luxembourg en route charging zone contained in the draft FABEC performance plan were not consistent with the Union-wide performance targets. The Commission concluded in that Implementing Decision that the performance targets applicable to air navigation services provided in the airspace of Switzerland did not give rise to concerns in respect of their consistency with the corresponding Union-wide performance targets. |
| --- | --- |

(4)

Switzerland submitted to the Commission its draft performance plan at FAB level, in this case at the level of Functional Airspace Block Europe Central (‘FABEC’), together with Belgium, Germany, France, Luxembourg, and the Netherlands (‘Member States part of FABEC’). By its Implementing Decision (EU) 2022/780 (7), the Commission notified Switzerland that the cost-efficiency performance targets for the Belgium-Luxembourg en route charging zone contained in the draft FABEC performance plan were not consistent with the Union-wide performance targets. The Commission concluded in that Implementing Decision that the performance targets applicable to air navigation services provided in the airspace of Switzerland did not give rise to concerns in respect of their consistency with the corresponding Union-wide performance targets.

7

en route

| (5) | In response to Russia’s war of aggression against Ukraine, which started on 24 February 2022, the Union has imposed restrictive measures which prohibit Russian air carriers, any Russian-registered aircraft and any non-Russian-registered aircraft which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, from landing in and taking off from, or overflying the territory of the Union. Those restrictive measures and the counter-measures adopted by Russia have led to changes in air traffic in European airspace. Certain Member States have been severely affected by a significant reduction in the number of overflights in the airspace under their responsibility. However, at Union-wide level, the observed impact on the number of flights has been limited in contrast with the sharp reduction of air traffic across Europe which resulted from the outbreak of the COVID-19 pandemic. |
| --- | --- |

(5)

In response to Russia’s war of aggression against Ukraine, which started on 24 February 2022, the Union has imposed restrictive measures which prohibit Russian air carriers, any Russian-registered aircraft and any non-Russian-registered aircraft which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, from landing in and taking off from, or overflying the territory of the Union. Those restrictive measures and the counter-measures adopted by Russia have led to changes in air traffic in European airspace. Certain Member States have been severely affected by a significant reduction in the number of overflights in the airspace under their responsibility. However, at Union-wide level, the observed impact on the number of flights has been limited in contrast with the sharp reduction of air traffic across Europe which resulted from the outbreak of the COVID-19 pandemic.

| (6) | On 13 July 2022, Switzerland, jointly with Belgium, France, Germany, Luxembourg, and the Netherlands, submitted a revised draft FABEC performance plan for RP3 to the Commission. |
| --- | --- |

(6)

On 13 July 2022, Switzerland, jointly with Belgium, France, Germany, Luxembourg, and the Netherlands, submitted a revised draft FABEC performance plan for RP3 to the Commission.

| (7) | On 24 October 2022, the Commission concluded that doubts remain as to the consistency of the revised cost-efficiency performance targets proposed for the Belgium-Luxembourg en route charging zone with the Union-wide performance targets and initiated the detailed examination set out in Article 15(3) of Implementing Regulation (EU) 2019/317 in respect of those performance targets contained in the revised draft FABEC performance plan. The Commission notified Switzerland thereof by its Decision (EU) 2022/2256 (8). |
| --- | --- |

(7)

On 24 October 2022, the Commission concluded that doubts remain as to the consistency of the revised cost-efficiency performance targets proposed for the Belgium-Luxembourg en route charging zone with the Union-wide performance targets and initiated the detailed examination set out in Article 15(3) of Implementing Regulation (EU) 2019/317 in respect of those performance targets contained in the revised draft FABEC performance plan. The Commission notified Switzerland thereof by its Decision (EU) 2022/2256 (8).

en route

8

| (8) | On 4 November 2022, Switzerland informed the Commission that it has withdrawn from the revised draft FABEC performance plan, and submitted to the Commission a revised draft performance plan for RP3 established at national level (the ‘revised draft national performance plan’). The revised draft national performance plan maintains the performance targets for air navigation services provided in the airspace of Switzerland at the level set in the revised draft FABEC performance plan submitted on 13 July 2022. There were effectively no additional performance benefits or synergies for Switzerland deriving from the revised draft FABEC performance plan. The revised draft national performance plan does not list any negative impact resulting from the discontinuation of the performance planning and target setting activities at FABEC level. |
| --- | --- |

(8)

On 4 November 2022, Switzerland informed the Commission that it has withdrawn from the revised draft FABEC performance plan, and submitted to the Commission a revised draft performance plan for RP3 established at national level (the ‘revised draft national performance plan’). The revised draft national performance plan maintains the performance targets for air navigation services provided in the airspace of Switzerland at the level set in the revised draft FABEC performance plan submitted on 13 July 2022. There were effectively no additional performance benefits or synergies for Switzerland deriving from the revised draft FABEC performance plan. The revised draft national performance plan does not list any negative impact resulting from the discontinuation of the performance planning and target setting activities at FABEC level.

| (9) | The performance review body, assisting the Commission in the implementation of the performance scheme pursuant to Article 11(2) of Regulation (EC) No 549/2004, has submitted to the Commission a report containing its assessment of the revised draft national performance plan. |
| --- | --- |

(9)

The performance review body, assisting the Commission in the implementation of the performance scheme pursuant to Article 11(2) of Regulation (EC) No 549/2004, has submitted to the Commission a report containing its assessment of the revised draft national performance plan.

| (10) | In accordance with Article 15(1) of Implementing Regulation (EU) 2019/317, the Commission, taking account of local circumstances, has assessed the consistency of the local performance targets included in the revised draft national performance plan of Switzerland on the basis of the assessment criteria laid down in point 1 of Annex IV to that Implementing Regulation. In respect of each key performance area and the related performance targets, the Commission has complemented its assessment by reviewing the elements set out in point 2 of Annex IV to Implementing Regulation (EU) 2019/317. |
| --- | --- |

(10)

In accordance with Article 15(1) of Implementing Regulation (EU) 2019/317, the Commission, taking account of local circumstances, has assessed the consistency of the local performance targets included in the revised draft national performance plan of Switzerland on the basis of the assessment criteria laid down in point 1 of Annex IV to that Implementing Regulation. In respect of each key performance area and the related performance targets, the Commission has complemented its assessment by reviewing the elements set out in point 2 of Annex IV to Implementing Regulation (EU) 2019/317.

| (11) | The Eurocontrol’s Statistics and Forecast Service (STATFOR) base traffic forecast published in June 2022 takes account of the change in circumstances referred to in recital 5. On the basis of that forecast, the Commission notes that Switzerland is not expected to experience major changes in air traffic flows over RP3 as a result of Russia’s war in Ukraine. Therefore, those changes in circumstances do not directly impact the performance targets contained in the revised draft national performance plan or the assessment of those targets in respect of their consistency with the Union-wide performance targets. |
| --- | --- |

(11)

The Eurocontrol’s Statistics and Forecast Service (STATFOR) base traffic forecast published in June 2022 takes account of the change in circumstances referred to in recital 5. On the basis of that forecast, the Commission notes that Switzerland is not expected to experience major changes in air traffic flows over RP3 as a result of Russia’s war in Ukraine. Therefore, those changes in circumstances do not directly impact the performance targets contained in the revised draft national performance plan or the assessment of those targets in respect of their consistency with the Union-wide performance targets.

| (12) | Switzerland agrees that this Decision is adopted and notified in English. |
| --- | --- |

(12)

Switzerland agrees that this Decision is adopted and notified in English.

COMMISSION ASSESSMENT

COMMISSION ASSESSMENT

Assessment of performance targets in the key performance area of safety

Assessment of performance targets in the key performance area of safety

| (13) | Concerning the key performance area of safety, the Commission has assessed the consistency of the targets submitted by Switzerland regarding the effectiveness of safety management of air navigation service providers (‘ANSPs’) based on the criterion laid down in point 1.1 of Annex IV to Implementing Regulation (EU) 2019/317. |
| --- | --- |

(13)

Concerning the key performance area of safety, the Commission has assessed the consistency of the targets submitted by Switzerland regarding the effectiveness of safety management of air navigation service providers (‘ANSPs’) based on the criterion laid down in point 1.1 of Annex IV to Implementing Regulation (EU) 2019/317.

| (14) | The local safety performance targets proposed by Switzerland in respect of the effectiveness of safety management, broken down per safety management objective and expressed as a level of implementation, are as follows:











  Switzerland | Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from European Aviation Safety Agency (‘EASA’) level A to D |
| --- | --- | --- |
| Air navigation service provider concerned | Safety management objective | 2022 | 2023 | 2024 | Union-wide targets




  (2024) |
| Skyguide | Safety policy and objectives | C | C | C | C |
| Safety risk management | C | D | D | D |
| Safety assurance | C | C | C | C |
| Safety promotion | C | C | C | C |
| Safety culture | C | C | C | C |

(14)

The local safety performance targets proposed by Switzerland in respect of the effectiveness of safety management, broken down per safety management objective and expressed as a level of implementation, are as follows:

Switzerland

Switzerland

Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from European Aviation Safety Agency (‘EASA’) level A to D

Targets on the effectiveness of safety management, expressed as a level of implementation

Air navigation service provider concerned

Air navigation service provider concerned

Safety management objective

Safety management objective

2022

2022

2023

2023

2024

2024

Union-wide targets

Union-wide targets

(2024)

(2024)

Skyguide

Skyguide

Safety policy and objectives

C

C

C

C

C

C

Safety risk management

C

D

D

D

D

D

Safety assurance

C

C

C

C

C

C

Safety promotion

C

C

C

C

C

C

Safety culture

C

C

C

C

C

C

| (15) | The safety performance targets proposed by Switzerland for the air navigation service provider, namely Skyguide, are consistent with the Union-wide performance targets. |
| --- | --- |

(15)

The safety performance targets proposed by Switzerland for the air navigation service provider, namely Skyguide, are consistent with the Union-wide performance targets.

| (16) | The Commission notes that the revised draft national performance plan submitted by Switzerland sets out measures for Skyguide for the achievement of the local safety performance targets, such as the enhanced analysis of safety data, the integration of risk management with business continuity and crisis management, and the deployment of a centralised risk management information system. |
| --- | --- |

(16)

The Commission notes that the revised draft national performance plan submitted by Switzerland sets out measures for Skyguide for the achievement of the local safety performance targets, such as the enhanced analysis of safety data, the integration of risk management with business continuity and crisis management, and the deployment of a centralised risk management information system.

| (17) | Therefore, in the light of what has been said in recitals 14, 15 and 16, and considering that the Union-wide safety performance targets set in Implementing Decision (EU) 2021/891 are to be achieved by the final year of RP3, namely 2024, the targets in the key performance area of safety included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets. |
| --- | --- |

(17)

Therefore, in the light of what has been said in recitals 14, 15 and 16, and considering that the Union-wide safety performance targets set in Implementing Decision (EU) 2021/891 are to be achieved by the final year of RP3, namely 2024, the targets in the key performance area of safety included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets.

Assessment of performance targets in the key performance area of environment

Assessment of performance targets in the key performance area of environment

| (18) | Concerning the key performance area of environment, the consistency of the targets submitted by Switzerland regarding the average horizontal en route flight efficiency of the actual trajectory has been assessed based on the criterion laid down in point 1.2 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the targets included in the revised draft national performance plan have been compared with the relevant en route horizontal flight efficiency reference values set out in the European Route Network Improvement Plan (‘ERNIP’) available on 2 June 2021, the time of adopting the revised Union-wide performance targets for RP3. |
| --- | --- |

(18)

Concerning the key performance area of environment, the consistency of the targets submitted by Switzerland regarding the average horizontal en route flight efficiency of the actual trajectory has been assessed based on the criterion laid down in point 1.2 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the targets included in the revised draft national performance plan have been compared with the relevant en route horizontal flight efficiency reference values set out in the European Route Network Improvement Plan (‘ERNIP’) available on 2 June 2021, the time of adopting the revised Union-wide performance targets for RP3.

en route

en route

| (19) | In respect of the year 2020, the Union-wide performance target for RP3 in the key performance area of environment, which before the outbreak of the COVID-19 pandemic was initially set out in Implementing Decision (EU) 2019/903, was not revised by Implementing Decision (EU) 2021/891, in so far as the period for the application of that target had expired and its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, it is not possible to modify retroactively, in the revised draft performance plans, the local environment performance targets for the year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local environment performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024. |
| --- | --- |

(19)

In respect of the year 2020, the Union-wide performance target for RP3 in the key performance area of environment, which before the outbreak of the COVID-19 pandemic was initially set out in Implementing Decision (EU) 2019/903, was not revised by Implementing Decision (EU) 2021/891, in so far as the period for the application of that target had expired and its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, it is not possible to modify retroactively, in the revised draft performance plans, the local environment performance targets for the year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local environment performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024.

| (20) | The performance targets in the key performance area of environment proposed by Switzerland and the corresponding national reference values for RP3 from the ERNIP, expressed as the average horizontal en route flight efficiency of the actual trajectory, are as follows:









  Switzerland | 2022 | 2023 | 2024 |
| --- | --- | --- | --- | --- |
| Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory | 3,95  % | 3,95  % | 3,95  % |
| Reference values | 3,95  % | 3,95  % | 3,95  % |

(20)

The performance targets in the key performance area of environment proposed by Switzerland and the corresponding national reference values for RP3 from the ERNIP, expressed as the average horizontal en route flight efficiency of the actual trajectory, are as follows:

en route

Switzerland

Switzerland

2022

2022

2023

2023

2024

2024

Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory

Targets in the key performance area of environment,

en route

3,95  %

3,95  %

3,95  %

3,95  %

3,95  %

3,95  %

Reference values

3,95  %

3,95  %

3,95  %

| (21) | The Commission observes that the environment targets proposed by Switzerland are equal to the corresponding national reference values for each of the years 2022, 2023 and 2024. |
| --- | --- |

(21)

The Commission observes that the environment targets proposed by Switzerland are equal to the corresponding national reference values for each of the years 2022, 2023 and 2024.

| (22) | The Commission notes that Switzerland has presented, in the revised draft national performance plan, measures for the achievement of the local environment targets which include the implementation of free route airspace, the deployment of an optimisation tool to enable more efficient routes, the extended use of the arrival manager tool for en route airspace, and enhanced management of military airspace. The Commission further invites Switzerland to put in place all the recommended measures from the ERNIP to improve en route trajectories. |
| --- | --- |

(22)

The Commission notes that Switzerland has presented, in the revised draft national performance plan, measures for the achievement of the local environment targets which include the implementation of free route airspace, the deployment of an optimisation tool to enable more efficient routes, the extended use of the arrival manager tool for en route airspace, and enhanced management of military airspace. The Commission further invites Switzerland to put in place all the recommended measures from the ERNIP to improve en route trajectories.

en

en route

| (23) | Therefore, in the light of what has been said in recitals 20, 21 and 22, the targets in the key performance area of environment included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets. |
| --- | --- |

(23)

Therefore, in the light of what has been said in recitals 20, 21 and 22, the targets in the key performance area of environment included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets.

Assessment of performance targets in the key performance area of capacity

Assessment of performance targets in the key performance area of capacity

| (24) | Concerning the key performance area of capacity, the consistency of the targets submitted by Switzerland regarding the average en route air traffic flow management (‘ATFM’) delay per flight has been assessed based on the criterion laid down in point 1.3 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the targets included in the revised draft national performance plan have been compared with the relevant reference values set out in the Network Operations Plan available on 2 June 2021, the time of adopting the revised Union-wide performance targets for RP3. |
| --- | --- |

(24)

Concerning the key performance area of capacity, the consistency of the targets submitted by Switzerland regarding the average en route air traffic flow management (‘ATFM’) delay per flight has been assessed based on the criterion laid down in point 1.3 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the targets included in the revised draft national performance plan have been compared with the relevant reference values set out in the Network Operations Plan available on 2 June 2021, the time of adopting the revised Union-wide performance targets for RP3.

en route

| (25) | In respect of the year 2020, the Union-wide performance target for RP3 in the key performance area of capacity, which before the outbreak of the COVID-19 pandemic was initially set out in Implementing Decision (EU) 2019/903, was not revised by Implementing Decision (EU) 2021/891 in so far as the period for the application of that target had expired and its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, it is not possible to modify retroactively, in the revised draft performance plans, the local capacity performance targets for the year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local capacity performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024. |
| --- | --- |

(25)

In respect of the year 2020, the Union-wide performance target for RP3 in the key performance area of capacity, which before the outbreak of the COVID-19 pandemic was initially set out in Implementing Decision (EU) 2019/903, was not revised by Implementing Decision (EU) 2021/891 in so far as the period for the application of that target had expired and its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, it is not possible to modify retroactively, in the revised draft performance plans, the local capacity performance targets for the year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local capacity performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024.

| (26) | The en route capacity targets proposed by Switzerland for RP3, expressed in minutes of ATFM delay per flight, as well as the corresponding reference values from the Network Operations Plan, are as follows:









  Switzerland | 2022 | 2023 | 2024 |
| --- | --- | --- | --- | --- |
| Targets in the key performance area of capacity, expressed in minutes of ATFM delay per flight | 0,19 | 0,19 | 0,19 |
| Reference values | 0,19 | 0,19 | 0,19 |

(26)

The en route capacity targets proposed by Switzerland for RP3, expressed in minutes of ATFM delay per flight, as well as the corresponding reference values from the Network Operations Plan, are as follows:

en route

Switzerland

Switzerland

2022

2022

2023

2023

2024

2024

Targets in the key performance area of capacity, expressed in minutes of ATFM delay per flight

Targets in the key performance area of capacity

0,19

0,19

0,19

0,19

0,19

0,19

Reference values

0,19

0,19

0,19

| (27) | The Commission observes that the capacity targets proposed by Switzerland are equal to the corresponding national reference values for each of the years 2022, 2023 and 2024. |
| --- | --- |

(27)

The Commission observes that the capacity targets proposed by Switzerland are equal to the corresponding national reference values for each of the years 2022, 2023 and 2024.

| (28) | The Commission notes that Switzerland has presented, in the revised draft national performance plan, measures for the achievement of the local en route capacity targets. Those measures include free route airspace, improved prediction and decision-making tools and procedures, as well as flexible rostering and recruitment, as needed, to maintained adequate levels of staff. |
| --- | --- |

(28)

The Commission notes that Switzerland has presented, in the revised draft national performance plan, measures for the achievement of the local en route capacity targets. Those measures include free route airspace, improved prediction and decision-making tools and procedures, as well as flexible rostering and recruitment, as needed, to maintained adequate levels of staff.

en route

| (29) | Therefore, in the light of what has been said in recitals 26, 27 and 28, the targets in the key performance area of capacity included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets. |
| --- | --- |

(29)

Therefore, in the light of what has been said in recitals 26, 27 and 28, the targets in the key performance area of capacity included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets.

Review of draft capacity targets for terminal air navigation services

Review of draft capacity targets for terminal air navigation services

| (30) | With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317 as set out in Article 1(3) and (4) of that Implementing Regulation, the Commission has complemented its assessment of en route capacity targets by reviewing the capacity targets for terminal air navigation services in accordance with point 2.1(b) of Annex IV to Implementing Regulation (EU) 2019/317. In respect of Switzerland, those targets were not found to raise concerns. |
| --- | --- |

(30)

With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317 as set out in Article 1(3) and (4) of that Implementing Regulation, the Commission has complemented its assessment of en route capacity targets by reviewing the capacity targets for terminal air navigation services in accordance with point 2.1(b) of Annex IV to Implementing Regulation (EU) 2019/317. In respect of Switzerland, those targets were not found to raise concerns.

en route

Assessment of performance targets in the key performance area of cost-efficiency

Assessment of performance targets in the key performance area of cost-efficiency

| (31) | The Commission has assessed the consistency of the cost-efficiency targets proposed in the revised draft national performance plan based on the criteria laid down in points 1.4(a), (b) and (c) of Annex IV to Implementing Regulation (EU) 2019/317. |
| --- | --- |

(31)

The Commission has assessed the consistency of the cost-efficiency targets proposed in the revised draft national performance plan based on the criteria laid down in points 1.4(a), (b) and (c) of Annex IV to Implementing Regulation (EU) 2019/317.

| (32) | The en route cost-efficiency targets proposed by Switzerland for RP3 are as follows:













  En route charging zone of Switzerland | 2014 baseline value | 2019 baseline value | 2020 -2021 | 2022 | 2023 | 2024 |
| --- | --- | --- | --- | --- | --- | --- | --- |
| En route cost-efficiency targets, expressed as determined en route unit cost (in real terms in 2017 prices) | 107,06


  CHF | 97,59


  CHF | 226,30


  CHF | 114,58


  CHF | 103,45


  CHF | 95,61


  CHF |
| 96,35
  EUR | 87,82
  EUR | 203,64
  EUR | 103,11
  EUR | 93,10
  EUR | 86,04
  EUR |

(32)

The en route cost-efficiency targets proposed by Switzerland for RP3 are as follows:

en route

En route charging zone of Switzerland

En route

2014 baseline value

2014 baseline value

2019 baseline value

2019 baseline value

2020 -2021

2020 -2021

2022

2022

2023

2023

2024

2024

En route cost-efficiency targets, expressed as determined en route unit cost (in real terms in 2017 prices)

En route

en route

107,06

107,06

CHF

CHF

97,59

97,59

CHF

CHF

226,30

226,30

CHF

CHF

114,58

114,58

CHF

CHF

103,45

103,45

CHF

CHF

95,61

95,61

CHF

CHF

96,35

EUR

87,82

EUR

203,64

EUR

103,11

EUR

93,10

EUR

86,04

EUR

| (33) | As regards point 1.4(a) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the en route determined unit cost (‘DUC’) trend at charging zone level of -0,5 % over RP3 outperforms the Union-wide trend of +1,0 % over the same period. |
| --- | --- |

(33)

As regards point 1.4(a) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the en route determined unit cost (‘DUC’) trend at charging zone level of -0,5 % over RP3 outperforms the Union-wide trend of +1,0 % over the same period.

en route

| (34) | As regards point 1.4(b) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the long-term en route DUC trend at charging zone level of -1,2 % over the second reference period (‘RP2’) and RP3 underperforms the long-term Union-wide trend of -1,3 % over the same period. |
| --- | --- |

(34)

As regards point 1.4(b) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the long-term en route DUC trend at charging zone level of -1,2 % over the second reference period (‘RP2’) and RP3 underperforms the long-term Union-wide trend of -1,3 % over the same period.

en route

| (35) | As regards point 1.4(c) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the baseline value for the DUC of EUR 87,82 of Switzerland, expressed in 2017 prices (‘EUR2017’), is +22,0 % higher than the average baseline value of 72,01 in EUR2017 of the relevant comparator group. |
| --- | --- |

(35)

As regards point 1.4(c) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the baseline value for the DUC of EUR 87,82 of Switzerland, expressed in 2017 prices (‘EUR2017’), is +22,0 % higher than the average baseline value of 72,01 in EUR2017 of the relevant comparator group.

| (36) | It is clear that Switzerland outperforms the RP3 Union-wide DUC trend. Furthermore, the DUC of Switzerland in 2024 is lower than the 2014 and 2019 baseline values, which shows that effective cost-efficiency gains are achieved over the medium and long term. Therefore, the Commission considers that, in respect of Switzerland, the minor deviation from the Union-wide long-term DUC trend referred to in recital 34 and the difference between the baseline value and the comparator group average referred to in recital 35 do not preclude the cost-efficiency performance targets from being consistent with the Union-wide cost-efficiency performance targets. |
| --- | --- |

(36)

It is clear that Switzerland outperforms the RP3 Union-wide DUC trend. Furthermore, the DUC of Switzerland in 2024 is lower than the 2014 and 2019 baseline values, which shows that effective cost-efficiency gains are achieved over the medium and long term. Therefore, the Commission considers that, in respect of Switzerland, the minor deviation from the Union-wide long-term DUC trend referred to in recital 34 and the difference between the baseline value and the comparator group average referred to in recital 35 do not preclude the cost-efficiency performance targets from being consistent with the Union-wide cost-efficiency performance targets.

| (37) | Therefore, in the light of what has been said in recitals 32 to 36, the targets in the key performance area of cost-efficiency included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets. |
| --- | --- |

(37)

Therefore, in the light of what has been said in recitals 32 to 36, the targets in the key performance area of cost-efficiency included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets.

Review of cost-efficiency targets for terminal air navigation services

Review of cost-efficiency targets for terminal air navigation services

| (38) | With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317 as set out in Articles 1(3) and (4) of that Implementing Regulation, the Commission has complemented its assessment of the en route cost-efficiency targets by reviewing the cost-efficiency targets for terminal air navigation services in accordance with point 2.1(c) of Annex IV to Implementing Regulation (EU) 2019/317. |
| --- | --- |

(38)

With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317 as set out in Articles 1(3) and (4) of that Implementing Regulation, the Commission has complemented its assessment of the en route cost-efficiency targets by reviewing the cost-efficiency targets for terminal air navigation services in accordance with point 2.1(c) of Annex IV to Implementing Regulation (EU) 2019/317.

en route

| (39) | In Implementing Decision (EU) 2022/780, the Commission raised concerns regarding the terminal cost-efficiency targets proposed by Switzerland in the draft FABEC performance plan submitted in 2021, and considered that Switzerland was to further justify those targets or revise them downwards. The Commission notes, however, that Switzerland has neither revised those targets nor provided further justification. |
| --- | --- |

(39)

In Implementing Decision (EU) 2022/780, the Commission raised concerns regarding the terminal cost-efficiency targets proposed by Switzerland in the draft FABEC performance plan submitted in 2021, and considered that Switzerland was to further justify those targets or revise them downwards. The Commission notes, however, that Switzerland has neither revised those targets nor provided further justification.

| (40) | The Commission observes that the terminal RP3 DUC trend of +2,7 % remains higher than the en route RP3 DUC trend of -0,5 %, and remains higher than the actual terminal DUC trend of -3,4 % observed over RP2. Furthermore, the Commission observes that the terminal DUC for Geneva and Zurich Airports is estimated to remain above the median DUC of the relevant comparator group by a significant margin. |
| --- | --- |

(40)

The Commission observes that the terminal RP3 DUC trend of +2,7 % remains higher than the en route RP3 DUC trend of -0,5 %, and remains higher than the actual terminal DUC trend of -3,4 % observed over RP2. Furthermore, the Commission observes that the terminal DUC for Geneva and Zurich Airports is estimated to remain above the median DUC of the relevant comparator group by a significant margin.

en route

| (41) | Therefore, in the light of what has been said in recitals 39 and 40, the Commission concludes that the terminal cost-efficiency performance targets of Switzerland continue to give rise to concerns. The Commission therefore reiterates its view that Switzerland should revise downwards those targets or provide adequate justifications for those targets. Switzerland should address those concerns in connection with the adoption of its final performance plan pursuant to Article 16, point (a), of Implementing Regulation (EU) 2019/317. |
| --- | --- |

(41)

Therefore, in the light of what has been said in recitals 39 and 40, the Commission concludes that the terminal cost-efficiency performance targets of Switzerland continue to give rise to concerns. The Commission therefore reiterates its view that Switzerland should revise downwards those targets or provide adequate justifications for those targets. Switzerland should address those concerns in connection with the adoption of its final performance plan pursuant to Article 16, point (a), of Implementing Regulation (EU) 2019/317.

Review of the incentive schemes referred to in Article 11 of Implementing Regulation (EU) 2019/317 complementing the Commission’s assessment of capacity targets

Review of the incentive schemes referred to in Article 11 of Implementing Regulation (EU) 2019/317 complementing the Commission’s assessment of capacity targets

| (42) | In accordance with point 2.1(f) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission has complemented its assessment of capacity targets by reviewing the incentive schemes referred to in Article 11 of that Implementing Regulation. In that respect, the Commission has examined whether the proposed incentive schemes fulfil the substantive requirements set out in Article 11(1) and (3) of Implementing Regulation (EU) 2019/317. |
| --- | --- |

(42)

In accordance with point 2.1(f) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission has complemented its assessment of capacity targets by reviewing the incentive schemes referred to in Article 11 of that Implementing Regulation. In that respect, the Commission has examined whether the proposed incentive schemes fulfil the substantive requirements set out in Article 11(1) and (3) of Implementing Regulation (EU) 2019/317.

| (43) | In Implementing Decision (EU) 2022/780, the Commission concluded that Switzerland is to revise its incentive schemes for achieving en route and terminal capacity targets in such a way that the maximum financial disadvantage stemming from those incentive schemes is set at a level having a material impact on the revenue at risk. The Commission notes that Switzerland has not made any changes to those incentive schemes in comparison with the draft FABEC performance plan submitted in 2021 and the revised draft FABEC performance plan submitted in July 2022. |
| --- | --- |

(43)

In Implementing Decision (EU) 2022/780, the Commission concluded that Switzerland is to revise its incentive schemes for achieving en route and terminal capacity targets in such a way that the maximum financial disadvantage stemming from those incentive schemes is set at a level having a material impact on the revenue at risk. The Commission notes that Switzerland has not made any changes to those incentive schemes in comparison with the draft FABEC performance plan submitted in 2021 and the revised draft FABEC performance plan submitted in July 2022.

en route

| (44) | Therefore, in the light of what has been said in recital 43, the Commission concludes that the incentive schemes set out in the revised draft national performance plan continue to give rise to concerns. The Commission therefore reiterates its view that Switzerland should revise its incentive schemes for achieving en route and terminal capacity targets, in connection with the adoption of its final performance plan in accordance with Article 16, point (a), of Implementing Regulation (EU) 2019/317, so that the maximum financial disadvantages stemming from those incentive schemes are set at a level having a material impact on the revenue at risk, as expressly required under Article 11(3), point (a), of that Implementing Regulation. In the Commission’s view that should lead to a maximum financial disadvantage equal to or higher than 1 % of determined costs. |
| --- | --- |

(44)

Therefore, in the light of what has been said in recital 43, the Commission concludes that the incentive schemes set out in the revised draft national performance plan continue to give rise to concerns. The Commission therefore reiterates its view that Switzerland should revise its incentive schemes for achieving en route and terminal capacity targets, in connection with the adoption of its final performance plan in accordance with Article 16, point (a), of Implementing Regulation (EU) 2019/317, so that the maximum financial disadvantages stemming from those incentive schemes are set at a level having a material impact on the revenue at risk, as expressly required under Article 11(3), point (a), of that Implementing Regulation. In the Commission’s view that should lead to a maximum financial disadvantage equal to or higher than 1 % of determined costs.

en route

CONCLUSIONS

CONCLUSIONS

| (45) | In the light of all the foregoing, the Commission has found that the performance targets contained in the revised draft national performance plan submitted by Switzerland are consistent with the Union-wide performance targets, |
| --- | --- |

(45)

In the light of all the foregoing, the Commission has found that the performance targets contained in the revised draft national performance plan submitted by Switzerland are consistent with the Union-wide performance targets,

HAS ADOPTED THIS DECISION:

Article 1

The performance targets included in the revised draft performance plan submitted by Switzerland on 4 November 2022, pursuant to Regulation (EC) No 549/2004, and listed in the Annex to this Decision, are consistent with the Union-wide performance targets for the third reference period set out in Implementing Decision (EU) 2021/891.

Article 2

This Decision is addressed to the Swiss Confederation.

Done at Brussels, 14 December 2022.

For the Commission

Adina-Ioana VĂLEAN

Member of the Commission

---

(1)  
  OJ L 114, 30.4.2002, p. 73.

1

(2)  
  OJ L 96, 31.3.2004, p. 1.

2

(3)  
  OJ L 56, 25.2.2019, p. 1.

3

(4)  Commission Implementing Decision (EU) 2019/903 of 29 May 2019 setting the Union-wide performance targets for the air traffic management network for the third reference period starting on 1 January 2020 and ending on 31 December 2024 (OJ L 144, 3.6.2019, p. 49).

4

(5)  Commission Implementing Regulation (EU) 2020/1627 of 3 November 2020 on exceptional measures for the third reference period (2020-2024) of the single European sky performance and charging scheme due to the COVID-19 pandemic (OJ L 366, 4.11.2020, p. 7).

5

(6)  Commission Implementing Decision (EU) 2021/891 of 2 June 2021 setting revised Union-wide performance targets for the air traffic management network for the third reference period (2020-2024) and repealing Implementing Decision (EU) 2019/903 (OJ L 195, 3.6.2021, p. 3).

6

(7)  Commission Implementing Decision (EU) 2022/780 of 13 April 2022 on the inconsistency of certain performance targets contained in the draft functional airspace block performance plan submitted by Switzerland pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period and setting out recommendations for the revision of those targets (OJ L 139, 18.5.2022, p. 218).

7

(8)  Commission Decision (EU) 2022/2256 of 15 November 2022 on the initiation of the detailed examination of certain performance targets contained in the revised draft performance plan for the third reference period submitted at functional airspace block level by Switzerland pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council (OJ L 297, 17.11.2022, p. 80).

8

---

ANNEX

Performance targets included in the revised draft performance plan submitted by Switzerland pursuant to Regulation (EC) No 549/2004, found to be consistent with the Union-wide performance targets for the third reference period

KEY PERFORMANCE AREA OF SAFETY

Effectiveness of safety management

| Switzerland | Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from EASA level A to D |
| --- | --- |
| Air navigation service provider concerned | Safety management objective | 2022 | 2023 | 2024 |
| Skyguide | Safety policy and objectives | C | C | C |
| Safety risk management | C | D | D |
| Safety assurance | C | C | C |
| Safety promotion | C | C | C |
| Safety culture | C | C | C |

Switzerland

Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from EASA level A to D

Air navigation service provider concerned

Safety management objective

2022

2023

2024

Skyguide

Safety policy and objectives

C

C

C

Safety risk management

C

D

D

Safety assurance

C

C

C

Safety promotion

C

C

C

Safety culture

C

C

C

KEY PERFORMANCE AREA OF ENVIRONMENT

Average horizontal en route flight efficiency of the actual trajectory

| Switzerland | 2022 | 2023 | 2024 |
| --- | --- | --- | --- |
| Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory | 3,95  % | 3,95  % | 3,95  % |

Switzerland

2022

2023

2024

Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory

3,95  %

3,95  %

3,95  %

KEY PERFORMANCE AREA OF CAPACITY

Average en route ATFM delay in minutes per flight

| Switzerland | 2022 | 2023 | 2024 |
| --- | --- | --- | --- |
| Targets in the key performance area of capacity, expressed in minutes of ATFM delay per flight | 0,19 | 0,19 | 0,19 |

Switzerland

2022

2023

2024

Targets in the key performance area of capacity, expressed in minutes of ATFM delay per flight

0,19

0,19

0,19

KEY PERFORMANCE AREA OF COST-EFFICIENCY

Determined unit cost for en route air navigation services

| En route charging zone of Switzerland | 2014 baseline value | 2019 baseline value | 2020 -2021 | 2022 | 2023 | 2024 |
| --- | --- | --- | --- | --- | --- | --- |
| En route cost-efficiency targets, expressed as determined en route unit cost (in 2017 prices) | 107,06


  CHF | 97,59


  CHF | 226,30


  CHF | 114,58


  CHF | 103,45


  CHF | 95,61


  CHF |
| 96,35
  EUR | 87,82
  EUR | 203,64
  EUR | 103,11
  EUR | 93,10
  EUR | 86,04
  EUR |

En route charging zone of Switzerland

2014 baseline value

2019 baseline value

2020 -2021

2022

2023

2024

En route cost-efficiency targets, expressed as determined en route unit cost (in 2017 prices)

107,06

CHF

97,59

CHF

226,30

CHF

114,58

CHF

103,45

CHF

95,61

CHF

96,35

EUR

87,82

EUR

203,64

EUR

103,11

EUR

93,10

EUR

86,04

EUR

---

| 27.1.2023 | EN | Official Journal of the European Union | L 25/95 |
| --- | --- | --- | --- |

27.1.2023

EN

Official Journal of the European Union

L 25/95

---

COMMISSION DECISION (EU) 2023/179

of 14 December 2022

on the consistency of the performance targets contained in the revised draft performance plan submitted by the Netherlands pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period

(notified under document C(2022) 9238)

(Only the English text is authentic)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (1), and in particular Article 11(3), point (c) thereof,

Having regard to Commission Implementing Regulation (EU) 2019/317 of 11 February 2019 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013 (2), and in particular Article 15(2) thereof,

Whereas:

GENERAL CONSIDERATIONS

GENERAL CONSIDERATIONS

| (1) | Pursuant to Article 10 of Implementing Regulation (EU) 2019/317, Member States are to draw up performance plans, either at national level or at functional airspace blocks level (‘FABs’), which are to include binding performance targets for each reference period of the performance scheme for air navigation services and network functions. Those performance targets are to be consistent with the Union-wide targets adopted by the Commission for the reference period concerned. |
| --- | --- |

(1)

Pursuant to Article 10 of Implementing Regulation (EU) 2019/317, Member States are to draw up performance plans, either at national level or at functional airspace blocks level (‘FABs’), which are to include binding performance targets for each reference period of the performance scheme for air navigation services and network functions. Those performance targets are to be consistent with the Union-wide targets adopted by the Commission for the reference period concerned.

| (2) | Union-wide performance targets for the third reference period (‘RP3’) were originally set out in Commission Implementing Decision (EU) 2019/903 (3). As those Union-wide performance targets and the draft RP3 performance plans subsequently submitted in October 2019 by Member States were drawn up before the outbreak of the COVID-19 pandemic in March 2020, they did not take account of the considerable reduction in air traffic due to the measures taken by the Member States and third countries to contain the pandemic. |
| --- | --- |

(2)

Union-wide performance targets for the third reference period (‘RP3’) were originally set out in Commission Implementing Decision (EU) 2019/903 (3). As those Union-wide performance targets and the draft RP3 performance plans subsequently submitted in October 2019 by Member States were drawn up before the outbreak of the COVID-19 pandemic in March 2020, they did not take account of the considerable reduction in air traffic due to the measures taken by the Member States and third countries to contain the pandemic.

3

| (3) | In response to the impact of the COVID-19 pandemic on the provision of air navigation services, exceptional measures for RP3, which derogate from the provisions of Implementing Regulation (EU) 2019/317, were set out in Commission Implementing Regulation (EU) 2020/1627 (4). The Commission adopted, on 2 June 2021, Commission Implementing Decision (EU) 2021/891 (5) setting revised Union-wide performance targets for RP3. On that basis, in October 2021, Member States submitted to the Commission draft performance plans containing revised local performance targets for RP3. |
| --- | --- |

(3)

In response to the impact of the COVID-19 pandemic on the provision of air navigation services, exceptional measures for RP3, which derogate from the provisions of Implementing Regulation (EU) 2019/317, were set out in Commission Implementing Regulation (EU) 2020/1627 (4). The Commission adopted, on 2 June 2021, Commission Implementing Decision (EU) 2021/891 (5) setting revised Union-wide performance targets for RP3. On that basis, in October 2021, Member States submitted to the Commission draft performance plans containing revised local performance targets for RP3.

4

5

| (4) | In Commission Implementing Decision (EU) 2022/728 (6), the Commission found, in respect of the draft performance plan established at the level of the Functional Airspace Block Europe Central (‘FABEC’) by the Netherlands, jointly with Belgium, France, Germany and Luxembourg (‘draft FABEC performance plan’), that the en route cost-efficiency performance targets for the Belgium-Luxembourg charging zone were not consistent with the Union-wide performance targets and issued recommendations for the revision of those targets. In Implementing Decision (EU) 2022/728, the Commission did not raise any findings with regard to the performance targets applicable to air navigation services provided in the airspace of the Netherlands. |
| --- | --- |

(4)

In Commission Implementing Decision (EU) 2022/728 (6), the Commission found, in respect of the draft performance plan established at the level of the Functional Airspace Block Europe Central (‘FABEC’) by the Netherlands, jointly with Belgium, France, Germany and Luxembourg (‘draft FABEC performance plan’), that the en route cost-efficiency performance targets for the Belgium-Luxembourg charging zone were not consistent with the Union-wide performance targets and issued recommendations for the revision of those targets. In Implementing Decision (EU) 2022/728, the Commission did not raise any findings with regard to the performance targets applicable to air navigation services provided in the airspace of the Netherlands.

6

en route

| (5) | In response to Russia’s war of aggression against Ukraine, which started on 24 February 2022, the Union has imposed restrictive measures which prohibit Russian air carriers, any Russian-registered aircraft and any non-Russian-registered aircraft which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, from landing in and taking off from, or overflying the territory of the Union. Those restrictive measures and the counter-measures adopted by Russia have led to changes in air traffic in European airspace. Certain Member States have been severely affected by a significant reduction in the number of overflights in the airspace under their responsibility. However, at Union-wide level, the observed impact on the number of flights has been limited in contrast with the sharp reduction of air traffic across Europe which resulted from the outbreak of the COVID-19 pandemic. |
| --- | --- |

(5)

In response to Russia’s war of aggression against Ukraine, which started on 24 February 2022, the Union has imposed restrictive measures which prohibit Russian air carriers, any Russian-registered aircraft and any non-Russian-registered aircraft which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, from landing in and taking off from, or overflying the territory of the Union. Those restrictive measures and the counter-measures adopted by Russia have led to changes in air traffic in European airspace. Certain Member States have been severely affected by a significant reduction in the number of overflights in the airspace under their responsibility. However, at Union-wide level, the observed impact on the number of flights has been limited in contrast with the sharp reduction of air traffic across Europe which resulted from the outbreak of the COVID-19 pandemic.

| (6) | On 13 July 2022, the Netherlands, jointly with Belgium, France, Germany and Luxembourg, submitted a revised draft FABEC performance plan for RP3 (‘revised draft FABEC performance plan’) to the Commission. |
| --- | --- |

(6)

On 13 July 2022, the Netherlands, jointly with Belgium, France, Germany and Luxembourg, submitted a revised draft FABEC performance plan for RP3 (‘revised draft FABEC performance plan’) to the Commission.

| (7) | On 24 October 2022, the Commission concluded that the revised cost-efficiency performance targets proposed for the Belgium-Luxembourg en route charging zone continue to give rise to doubts as to their consistency with the Union-wide performance targets. The Commission therefore initiated the detailed examination set out in Article 15(3) of Implementing Regulation (EU) 2019/317 in respect of those performance targets, which were contained in the revised draft FABEC performance plan. The Commission notified Belgium, France, Germany, Luxembourg and the Netherlands thereof by its Decision (EU) 2022/2255 (7). |
| --- | --- |

(7)

On 24 October 2022, the Commission concluded that the revised cost-efficiency performance targets proposed for the Belgium-Luxembourg en route charging zone continue to give rise to doubts as to their consistency with the Union-wide performance targets. The Commission therefore initiated the detailed examination set out in Article 15(3) of Implementing Regulation (EU) 2019/317 in respect of those performance targets, which were contained in the revised draft FABEC performance plan. The Commission notified Belgium, France, Germany, Luxembourg and the Netherlands thereof by its Decision (EU) 2022/2255 (7).

en route

7

| (8) | On 4 November 2022, the Netherlands informed the Commission that it has withdrawn from the revised draft FABEC performance plan, and submitted to the Commission a revised draft performance plan for RP3 established at national level (the ‘revised draft national performance plan’). The revised draft national performance plan maintains the performance targets for air navigation services provided in the airspace of the Netherlands at the level set in the revised draft FABEC performance plan submitted on 13 July 2022. There were effectively no additional performance benefits or synergies for the Netherlands deriving from the revised draft FABEC performance plan. The revised draft national performance plan does not list any negative impact resulting from the discontinuation of the performance planning and target setting activities at FABEC level. |
| --- | --- |

(8)

On 4 November 2022, the Netherlands informed the Commission that it has withdrawn from the revised draft FABEC performance plan, and submitted to the Commission a revised draft performance plan for RP3 established at national level (the ‘revised draft national performance plan’). The revised draft national performance plan maintains the performance targets for air navigation services provided in the airspace of the Netherlands at the level set in the revised draft FABEC performance plan submitted on 13 July 2022. There were effectively no additional performance benefits or synergies for the Netherlands deriving from the revised draft FABEC performance plan. The revised draft national performance plan does not list any negative impact resulting from the discontinuation of the performance planning and target setting activities at FABEC level.

| (9) | The performance review body, assisting the Commission in the implementation of the performance scheme pursuant to Article 11(2) of Regulation (EC) No 549/2004, has submitted to the Commission a report containing its assessment of the revised draft national performance plan. |
| --- | --- |

(9)

The performance review body, assisting the Commission in the implementation of the performance scheme pursuant to Article 11(2) of Regulation (EC) No 549/2004, has submitted to the Commission a report containing its assessment of the revised draft national performance plan.

| (10) | In accordance with Article 15(1) of Implementing Regulation (EU) 2019/317, the Commission, taking account of local circumstances, has assessed the consistency of the local performance targets included in the revised draft national performance plan of the Netherlands on the basis of the assessment criteria laid down in point 1 of Annex IV to that Implementing Regulation. In respect of each key performance area and the related performance targets, the Commission has complemented its assessment by reviewing the elements set out in point 2 of Annex IV to Implementing Regulation (EU) 2019/317. |
| --- | --- |

(10)

In accordance with Article 15(1) of Implementing Regulation (EU) 2019/317, the Commission, taking account of local circumstances, has assessed the consistency of the local performance targets included in the revised draft national performance plan of the Netherlands on the basis of the assessment criteria laid down in point 1 of Annex IV to that Implementing Regulation. In respect of each key performance area and the related performance targets, the Commission has complemented its assessment by reviewing the elements set out in point 2 of Annex IV to Implementing Regulation (EU) 2019/317.

| (11) | The Eurocontrol’s Statistics and Forecast Service (STATFOR) base traffic forecast published in June 2022 takes account of the change in circumstances referred to in recital 5. On the basis of that forecast, the Commission notes that the Netherlands is not expected to experience major changes in air traffic flows over RP3 as a result of Russia’s war in Ukraine. Therefore, those changes in circumstances do not directly impact the performance targets contained in the revised draft national performance plan or the assessment of those targets in respect of their consistency with the Union-wide performance targets. |
| --- | --- |

(11)

The Eurocontrol’s Statistics and Forecast Service (STATFOR) base traffic forecast published in June 2022 takes account of the change in circumstances referred to in recital 5. On the basis of that forecast, the Commission notes that the Netherlands is not expected to experience major changes in air traffic flows over RP3 as a result of Russia’s war in Ukraine. Therefore, those changes in circumstances do not directly impact the performance targets contained in the revised draft national performance plan or the assessment of those targets in respect of their consistency with the Union-wide performance targets.

| (12) | The Netherlands exceptionally agrees to waive its rights deriving from Article 342 of the Treaty on the Functioning of the European Union, in conjunction with Article 3 of Regulation 1/1958 (8) and to have this Decision adopted and notified in English. |
| --- | --- |

(12)

The Netherlands exceptionally agrees to waive its rights deriving from Article 342 of the Treaty on the Functioning of the European Union, in conjunction with Article 3 of Regulation 1/1958 (8) and to have this Decision adopted and notified in English.

8

COMMISSION ASSESSMENT

COMMISSION ASSESSMENT

Assessment of performance targets in the key performance area of safety

Assessment of performance targets in the key performance area of safety

| (13) | Concerning the key performance area of safety, the Commission has assessed the consistency of the targets submitted by the Netherlands regarding the effectiveness of safety management of air navigation service providers (‘ANSPs’) based on the criterion laid down in point 1.1 of Annex IV to Implementing Regulation (EU) 2019/317. |
| --- | --- |

(13)

Concerning the key performance area of safety, the Commission has assessed the consistency of the targets submitted by the Netherlands regarding the effectiveness of safety management of air navigation service providers (‘ANSPs’) based on the criterion laid down in point 1.1 of Annex IV to Implementing Regulation (EU) 2019/317.

| (14) | The local safety performance targets proposed by the Netherlands in respect of the effectiveness of safety management, broken down per safety management objective and expressed as a level of implementation, are as follows:











  The Netherlands | Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from European Aviation Safety Agency (‘EASA’) level A to D |
| --- | --- | --- |
| Air navigation service provider concerned | Safety management objective | 2022 | 2023 | 2024 | Union-wide targets




  (2024) |
| Air Traffic Control the Netherlands (‘LVNL’) | Safety policy and objectives | C | C | C | C |
| Safety risk management | C | D | D | D |
| Safety assurance | C | C | C | C |
| Safety promotion | C | C | C | C |
| Safety culture | C | C | C | C |

(14)

The local safety performance targets proposed by the Netherlands in respect of the effectiveness of safety management, broken down per safety management objective and expressed as a level of implementation, are as follows:

The Netherlands

The Netherlands

Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from European Aviation Safety Agency (‘EASA’) level A to D

Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from European Aviation Safety Agency (‘EASA’) level A to D

Air navigation service provider concerned

Air navigation service provider concerned

Safety management objective

Safety management objective

2022

2022

2023

2023

2024

2024

Union-wide targets

Union-wide targets

(2024)

(2024)

Air Traffic Control the Netherlands (‘LVNL’)

Air Traffic Control the Netherlands (‘LVNL’)

Safety policy and objectives

C

C

C

C

C

C

Safety risk management

C

D

D

D

D

D

Safety assurance

C

C

C

C

C

C

Safety promotion

C

C

C

C

C

C

Safety culture

C

C

C

C

C

C

| (15) | The safety performance targets proposed by the Netherlands for LVNL are consistent with the Union-wide performance targets. |
| --- | --- |

(15)

The safety performance targets proposed by the Netherlands for LVNL are consistent with the Union-wide performance targets.

| (16) | The Commission notes that the revised draft national performance plan submitted by the Netherlands sets out measures for LVNL for the achievement of the local safety performance targets, such as the establishment of a risk-based safety plan and updates to the safety management system. |
| --- | --- |

(16)

The Commission notes that the revised draft national performance plan submitted by the Netherlands sets out measures for LVNL for the achievement of the local safety performance targets, such as the establishment of a risk-based safety plan and updates to the safety management system.

| (17) | Therefore, in the light of what has been said in recitals 14, 15 and 16, and considering that the Union-wide safety performance targets set in Implementing Decision (EU) 2021/891 are to be achieved by the final year of RP3, namely 2024, the targets in the key performance area of safety included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets. |
| --- | --- |

(17)

Therefore, in the light of what has been said in recitals 14, 15 and 16, and considering that the Union-wide safety performance targets set in Implementing Decision (EU) 2021/891 are to be achieved by the final year of RP3, namely 2024, the targets in the key performance area of safety included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets.

Assessment of performance targets in the key performance area of environment

Assessment of performance targets in the key performance area of environment

| (18) | Concerning the key performance area of environment, the consistency of the targets submitted by the Netherlands regarding the average horizontal en route flight efficiency of the actual trajectory has been assessed based on the criterion laid down in point 1.2 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the targets included in the revised draft national performance plan have been compared with the relevant en route horizontal flight efficiency reference values set out in the European Route Network Improvement Plan (‘ERNIP’) available on 2 June 2021, the time of adopting the revised Union-wide performance targets for RP3. |
| --- | --- |

(18)

Concerning the key performance area of environment, the consistency of the targets submitted by the Netherlands regarding the average horizontal en route flight efficiency of the actual trajectory has been assessed based on the criterion laid down in point 1.2 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the targets included in the revised draft national performance plan have been compared with the relevant en route horizontal flight efficiency reference values set out in the European Route Network Improvement Plan (‘ERNIP’) available on 2 June 2021, the time of adopting the revised Union-wide performance targets for RP3.

en route

en route

| (19) | In respect of the year 2020, the Union-wide performance target for RP3 in the key performance area of environment, which before the outbreak of the COVID-19 pandemic was initially set out in Implementing Decision (EU) 2019/903, was not revised by Implementing Decision (EU) 2021/891, in so far as the period for the application of that target had expired and its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, it was not possible to modify retroactively, in the revised draft performance plans, the local environment performance targets for the year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local environment performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024. |
| --- | --- |

(19)

In respect of the year 2020, the Union-wide performance target for RP3 in the key performance area of environment, which before the outbreak of the COVID-19 pandemic was initially set out in Implementing Decision (EU) 2019/903, was not revised by Implementing Decision (EU) 2021/891, in so far as the period for the application of that target had expired and its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, it was not possible to modify retroactively, in the revised draft performance plans, the local environment performance targets for the year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local environment performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024.

| (20) | The performance targets in the key performance area of environment proposed by the Netherlands and the corresponding national reference values for RP3 from the ERNIP, expressed as the average horizontal en route flight efficiency of the actual trajectory, are as follows:









  The Netherlands | 2022 | 2023 | 2024 |
| --- | --- | --- | --- | --- |
| Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory | 2,62  % | 2,62  % | 2,62  % |
| Reference values | 2,62  % | 2,62  % | 2,62  % |

(20)

The performance targets in the key performance area of environment proposed by the Netherlands and the corresponding national reference values for RP3 from the ERNIP, expressed as the average horizontal en route flight efficiency of the actual trajectory, are as follows:

en route

The Netherlands

The Netherlands

2022

2022

2023

2023

2024

2024

Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory

Targets in the key performance area of environment,

en route

2,62  %

2,62  %

2,62  %

2,62  %

2,62  %

2,62  %

Reference values

2,62  %

2,62  %

2,62  %

| (21) | The Commission observes that the environment targets proposed by the Netherlands are equal to the corresponding national reference values for each of the years 2022, 2023 and 2024. |
| --- | --- |

(21)

The Commission observes that the environment targets proposed by the Netherlands are equal to the corresponding national reference values for each of the years 2022, 2023 and 2024.

| (22) | The Commission notes that in the revised draft national performance plan, the Netherlands has presented various measures for the achievement of the local environment targets which include airspace restructuring, the implementation of cross-border arrival manager, performance-based navigation, improvements to the air traffic control system to enable more effective civil-military coordination and enhanced interoperability with control centres in Germany. The Commission welcomes that the Netherlands plans to implement all the recommended measures from the ERNIP to improve en route trajectories. |
| --- | --- |

(22)

The Commission notes that in the revised draft national performance plan, the Netherlands has presented various measures for the achievement of the local environment targets which include airspace restructuring, the implementation of cross-border arrival manager, performance-based navigation, improvements to the air traffic control system to enable more effective civil-military coordination and enhanced interoperability with control centres in Germany. The Commission welcomes that the Netherlands plans to implement all the recommended measures from the ERNIP to improve en route trajectories.

en route

| (23) | Therefore, in the light of what has been said in recitals 20, 21 and 22, the targets in the key performance area of environment included in the revised draft national performance plan should be considered consistent with the Union-wide performance. |
| --- | --- |

(23)

Therefore, in the light of what has been said in recitals 20, 21 and 22, the targets in the key performance area of environment included in the revised draft national performance plan should be considered consistent with the Union-wide performance.

Assessment of performance targets in the key performance area of capacity

Assessment of performance targets in the key performance area of capacity

| (24) | Concerning the key performance area of capacity, the consistency of the targets submitted by the Netherlands regarding the average en route air traffic flow management (‘ATFM’) delay per flight has been assessed based on the criterion laid down in point 1.3 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the targets included in the revised draft national performance plan have been compared with the relevant reference values set out in the Network Operations Plan available on 2 June 2021, the time of adopting the revised Union-wide performance targets for RP3. |
| --- | --- |

(24)

Concerning the key performance area of capacity, the consistency of the targets submitted by the Netherlands regarding the average en route air traffic flow management (‘ATFM’) delay per flight has been assessed based on the criterion laid down in point 1.3 of Annex IV to Implementing Regulation (EU) 2019/317. Accordingly, the targets included in the revised draft national performance plan have been compared with the relevant reference values set out in the Network Operations Plan available on 2 June 2021, the time of adopting the revised Union-wide performance targets for RP3.

en route

| (25) | In respect of the year 2020, the Union-wide performance target for RP3 in the key performance area of capacity, which before the outbreak of the COVID-19 pandemic was initially set out in Implementing Decision (EU) 2019/903, was not revised by Implementing Decision (EU) 2021/891 in so far as the period for the application of that target had expired and its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, it was not possible to modify retroactively, in the revised draft performance plans, the local capacity performance targets for the year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local capacity performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024. |
| --- | --- |

(25)

In respect of the year 2020, the Union-wide performance target for RP3 in the key performance area of capacity, which before the outbreak of the COVID-19 pandemic was initially set out in Implementing Decision (EU) 2019/903, was not revised by Implementing Decision (EU) 2021/891 in so far as the period for the application of that target had expired and its implementation had thus become definitive leaving no possibility for retroactive adjustments. Similarly, it was not possible to modify retroactively, in the revised draft performance plans, the local capacity performance targets for the year 2021 set by Member States in the draft performance plans submitted in October 2021. Therefore, the consistency of the local capacity performance targets with the corresponding Union-wide performance targets should be assessed with regard to the years 2022, 2023 and 2024.

| (26) | The en route capacity targets proposed by the Netherlands for RP3, expressed in minutes of ATFM delay per flight, as well as the corresponding reference values from the Network Operations Plan, are as follows:









  The Netherlands | 2022 | 2023 | 2024 |
| --- | --- | --- | --- | --- |
| Targets in the key performance area of capacity, expressed in minutes of ATFM delay per flight | 0,15 | 0,15 | 0,15 |
| Reference values | 0,15 | 0,15 | 0,15 |

(26)

The en route capacity targets proposed by the Netherlands for RP3, expressed in minutes of ATFM delay per flight, as well as the corresponding reference values from the Network Operations Plan, are as follows:

en route

The Netherlands

The Netherlands

2022

2022

2023

2023

2024

2024

Targets in the key performance area of capacity, expressed in minutes of ATFM delay per flight

Targets in the key performance area of capacity

0,15

0,15

0,15

0,15

0,15

0,15

Reference values

0,15

0,15

0,15

| (27) | The Commission observes that the capacity targets proposed by the Netherlands are equal to the corresponding national reference values for the years 2022, 2023 and 2024. |
| --- | --- |

(27)

The Commission observes that the capacity targets proposed by the Netherlands are equal to the corresponding national reference values for the years 2022, 2023 and 2024.

| (28) | The Commission notes that the Netherlands has presented, in the revised draft national performance plan, measures for the achievement of the local en route capacity targets. Those measures include a new air traffic management system, airspace restructuring, as well as continuous recruitment and improved training of air traffic controllers. |
| --- | --- |

(28)

The Commission notes that the Netherlands has presented, in the revised draft national performance plan, measures for the achievement of the local en route capacity targets. Those measures include a new air traffic management system, airspace restructuring, as well as continuous recruitment and improved training of air traffic controllers.

en route

| (29) | Therefore, in the light of what has been said in recitals 26, 27 and 28, the targets in the key performance area of capacity included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets. |
| --- | --- |

(29)

Therefore, in the light of what has been said in recitals 26, 27 and 28, the targets in the key performance area of capacity included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets.

Review of capacity targets for terminal air navigation services

Review of capacity targets for terminal air navigation services

| (30) | With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317 as set out in Article 1(3) and (4) of that Implementing Regulation, the Commission has complemented its assessment of en route capacity targets by reviewing the capacity targets for terminal air navigation services in accordance with point 2.1.(b) of Annex IV to Implementing Regulation (EU) 2019/317. In respect of the Netherlands, those targets were not found to raise concerns. |
| --- | --- |

(30)

With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317 as set out in Article 1(3) and (4) of that Implementing Regulation, the Commission has complemented its assessment of en route capacity targets by reviewing the capacity targets for terminal air navigation services in accordance with point 2.1.(b) of Annex IV to Implementing Regulation (EU) 2019/317. In respect of the Netherlands, those targets were not found to raise concerns.

en route

Assessment of performance targets in the key performance area of cost-efficiency

Assessment of performance targets in the key performance area of cost-efficiency

| (31) | The Commission has assessed the consistency of the cost-efficiency targets proposed in the revised draft national performance plan based on the criteria laid down in points 1.4(a), (b) and (c) of Annex IV to Implementing Regulation (EU) 2019/317. |
| --- | --- |

(31)

The Commission has assessed the consistency of the cost-efficiency targets proposed in the revised draft national performance plan based on the criteria laid down in points 1.4(a), (b) and (c) of Annex IV to Implementing Regulation (EU) 2019/317.

| (32) | The en route cost-efficiency targets proposed by the Netherlands for RP3 are as follows:













  En route charging zone of the Netherlands | 2014 baseline value | 2019 baseline value | 2020 -2021 | 2022 | 2023 | 2024 |
| --- | --- | --- | --- | --- | --- | --- | --- |
| En route cost-efficiency targets, expressed as determined en route unit cost (in real terms in 2017 prices (‘EUR2017’) | 67,44


  EUR | 69,56


  EUR | 151,70


  EUR | 88,63


  EUR | 75,73


  EUR | 71,66


  EUR |

(32)

The en route cost-efficiency targets proposed by the Netherlands for RP3 are as follows:

en route

En route charging zone of the Netherlands

En route

2014 baseline value

2014 baseline value

2019 baseline value

2019 baseline value

2020 -2021

2020 -2021

2022

2022

2023

2023

2024

2024

En route cost-efficiency targets, expressed as determined en route unit cost (in real terms in 2017 prices (‘EUR2017’)

En route

en route

67,44

67,44

EUR

EUR

69,56

69,56

EUR

EUR

151,70

151,70

EUR

EUR

88,63

88,63

EUR

EUR

75,73

75,73

EUR

EUR

71,66

71,66

EUR

EUR

| (33) | As regards point 1.4(a) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the en route determined unit cost (‘DUC’) trend at charging zone level of +0,7 % over RP3 outperforms the Union-wide trend of +1,0 % over the same period. |
| --- | --- |

(33)

As regards point 1.4(a) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the en route determined unit cost (‘DUC’) trend at charging zone level of +0,7 % over RP3 outperforms the Union-wide trend of +1,0 % over the same period.

en route

| (34) | As regards point 1.4(b) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the long-term en route DUC trend at charging zone level of +0,7 % over the second reference period and RP3 underperforms the long-term Union-wide trend of -1,3 % over the same period. |
| --- | --- |

(34)

As regards point 1.4(b) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the long-term en route DUC trend at charging zone level of +0,7 % over the second reference period and RP3 underperforms the long-term Union-wide trend of -1,3 % over the same period.

en route

| (35) | As regards point 1.4(c) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the baseline value for the DUC of EUR 69,56 of the Netherlands, expressed in EUR2017, is 10,9 % lower than the average baseline value of 78,09 in EUR2017 of the relevant comparator group. |
| --- | --- |

(35)

As regards point 1.4(c) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission observes that the baseline value for the DUC of EUR 69,56 of the Netherlands, expressed in EUR2017, is 10,9 % lower than the average baseline value of 78,09 in EUR2017 of the relevant comparator group.

| (36) | It is clear that the Netherlands’ DUC trend over RP3 outperforms the corresponding Union-wide trend. Furthermore, as noted in recital 35, the Netherlands demonstrates a good performance in respect of the baseline value for 2019, which is lower than the corresponding comparator group average value. Therefore, the Commission considers that, in respect of the Netherlands, the deviation from the Union-wide long-term DUC trend referred to in recital 34 does not preclude the cost-efficiency performance targets from being consistent with the Union-wide cost-efficiency performance targets. |
| --- | --- |

(36)

It is clear that the Netherlands’ DUC trend over RP3 outperforms the corresponding Union-wide trend. Furthermore, as noted in recital 35, the Netherlands demonstrates a good performance in respect of the baseline value for 2019, which is lower than the corresponding comparator group average value. Therefore, the Commission considers that, in respect of the Netherlands, the deviation from the Union-wide long-term DUC trend referred to in recital 34 does not preclude the cost-efficiency performance targets from being consistent with the Union-wide cost-efficiency performance targets.

| (37) | Therefore, in the light of what has been said in recitals 32 to 36, the targets in the key performance area of cost-efficiency included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets. |
| --- | --- |

(37)

Therefore, in the light of what has been said in recitals 32 to 36, the targets in the key performance area of cost-efficiency included in the revised draft national performance plan should be considered consistent with the Union-wide performance targets.

Review of cost-efficiency targets for terminal air navigation services

Review of cost-efficiency targets for terminal air navigation services

| (38) | With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317 as set out in Articles 1(3) and (4) of that Implementing Regulation, the Commission has complemented its assessment of the en route cost-efficiency targets by reviewing the cost-efficiency targets for terminal air navigation services in accordance with point 2.1(c) of Annex IV to Implementing Regulation (EU) 2019/317. Those draft targets were not found to raise concerns in respect of the Netherlands. |
| --- | --- |

(38)

With regard to airports which fall within the scope of Implementing Regulation (EU) 2019/317 as set out in Articles 1(3) and (4) of that Implementing Regulation, the Commission has complemented its assessment of the en route cost-efficiency targets by reviewing the cost-efficiency targets for terminal air navigation services in accordance with point 2.1(c) of Annex IV to Implementing Regulation (EU) 2019/317. Those draft targets were not found to raise concerns in respect of the Netherlands.

en route

Review of the incentive schemes referred to in Article 11 of Implementing Regulation (EU) 2019/317 complementing the Commission’s assessment of capacity targets

Review of the incentive schemes referred to in Article 11 of Implementing Regulation (EU) 2019/317 complementing the Commission’s assessment of capacity targets

| (39) | In accordance with point 2.1(f) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission has complemented its assessment of capacity targets by reviewing the incentive schemes referred to in Article 11 of that Implementing Regulation. In that respect, the Commission has examined whether the proposed incentive schemes fulfil the substantive requirements set out in Article 11(1) and (3) of Implementing Regulation (EU) 2019/317. |
| --- | --- |

(39)

In accordance with point 2.1(f) of Annex IV to Implementing Regulation (EU) 2019/317, the Commission has complemented its assessment of capacity targets by reviewing the incentive schemes referred to in Article 11 of that Implementing Regulation. In that respect, the Commission has examined whether the proposed incentive schemes fulfil the substantive requirements set out in Article 11(1) and (3) of Implementing Regulation (EU) 2019/317.

| (40) | In Implementing Decision (EU) 2022/728, the Commission concluded that the Netherlands is to revise its incentive schemes for achieving en route and terminal capacity targets in such a way that the maximum financial disadvantage stemming from those incentive schemes is set at a level having a material impact on the revenue at risk. The Commission notes that the Netherlands has not made any changes to those incentive schemes in comparison with the draft FABEC performance plan submitted in 2021 and the revised draft FABEC performance plan submitted in July 2022. |
| --- | --- |

(40)

In Implementing Decision (EU) 2022/728, the Commission concluded that the Netherlands is to revise its incentive schemes for achieving en route and terminal capacity targets in such a way that the maximum financial disadvantage stemming from those incentive schemes is set at a level having a material impact on the revenue at risk. The Commission notes that the Netherlands has not made any changes to those incentive schemes in comparison with the draft FABEC performance plan submitted in 2021 and the revised draft FABEC performance plan submitted in July 2022.

en route

| (41) | Therefore, in the light of what has been said in recital 40, the Commission concludes that the incentive schemes set out in the revised draft national performance plan continue to give rise to concerns. The Commission therefore reiterates its view that the Netherlands should revise its incentive schemes for achieving en route and terminal capacity targets, in connection with the adoption of its final performance plan in accordance with Article 16, point (a), of Implementing Regulation (EU) 2019/317, so that the maximum financial disadvantages stemming from those incentive schemes are set at a level having a material impact on the revenue at risk, as expressly required under Article 11(3), point (a), of that Implementing Regulation. In the Commission’s view that should lead to a maximum financial disadvantage equal to or higher than 1 % of determined costs. |
| --- | --- |

(41)

Therefore, in the light of what has been said in recital 40, the Commission concludes that the incentive schemes set out in the revised draft national performance plan continue to give rise to concerns. The Commission therefore reiterates its view that the Netherlands should revise its incentive schemes for achieving en route and terminal capacity targets, in connection with the adoption of its final performance plan in accordance with Article 16, point (a), of Implementing Regulation (EU) 2019/317, so that the maximum financial disadvantages stemming from those incentive schemes are set at a level having a material impact on the revenue at risk, as expressly required under Article 11(3), point (a), of that Implementing Regulation. In the Commission’s view that should lead to a maximum financial disadvantage equal to or higher than 1 % of determined costs.

en route

CONCLUSIONS

CONCLUSIONS

| (42) | On the basis of the assessment set out in recitals 13 to 41, the Commission finds that the performance targets included in the revised draft national performance plan submitted by the Netherlands are consistent with the Union-wide performance targets, |
| --- | --- |

(42)

On the basis of the assessment set out in recitals 13 to 41, the Commission finds that the performance targets included in the revised draft national performance plan submitted by the Netherlands are consistent with the Union-wide performance targets,

HAS ADOPTED THIS DECISION:

Article 1

The performance targets, included in the revised draft performance plan submitted by the Netherlands on 4 November 2022 pursuant to Regulation (EC) No 549/2004, and listed in the Annex to this Decision, are consistent with the Union-wide performance targets for the third reference period set out in Implementing Decision (EU) 2021/891.

Article 2

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 14 December 2022.

For the Commission

Adina-Ioana VĂLEAN

Member of the Commission

---

(1)  
  OJ L 96, 31.3.2004, p. 1.

1

(2)  
  OJ L 56, 25.2.2019, p. 1.

2

(3)  Commission Implementing Decision (EU) 2019/903 of 29 May 2019 setting the Union-wide performance targets for the air traffic management network for the third reference period starting on 1 January 2020 and ending on 31 December 2024 (OJ L 144, 3.6.2019, p. 49).

3

(4)  Commission Implementing Regulation (EU) 2020/1627 of 3 November 2020 on exceptional measures for the third reference period (2020-2024) of the single European sky performance and charging scheme due to the COVID-19 pandemic (OJ L 366, 4.11.2020, p. 7).

4

(5)  Commission Implementing Decision (EU) 2021/891 of 2 June 2021 setting revised Union-wide performance targets for the air traffic management network for the third reference period (2020-2024) and repealing Implementing Decision (EU) 2019/903 (OJ L 195, 3.6.2021, p. 3).

5

(6)  Commission Implementing Decision (EU) 2022/728 of 13 April 2022 on the inconsistency of certain performance targets contained in the draft national and functional airspace block performance plans submitted by Belgium, Germany, Greece, France, Cyprus, Latvia, Luxembourg, Malta, the Netherlands, Romania, and Sweden pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council with the Union-wide performance targets for the third reference period and setting out recommendations for the revision of those targets (OJ L 135, 12.5.2022, p. 4).

6

(7)  Commission Decision (EU) 2022/2255 of 24 October 2022 on the initiation of the detailed examination of certain performance targets contained in the revised draft performance plan for the third reference period submitted at functional airspace block level by Belgium, Germany, France, Luxembourg, and the Netherlands pursuant to Regulation (EC) No 549/2004 of the European Parliament and of the Council (OJ L 297, 17.11.2022, p. 71-79).

7

(8)  Regulation No 1 determining the languages to be used by the European Economic Community (OJ 17, 6.10.1958, p. 385/58).

8

---

ANNEX

Performance targets included in the revised draft performance plan submitted by the Netherlands pursuant to Regulation (EC) No 549/2004, found to be consistent with the Union-wide performance targets for the third reference period

KEY PERFORMANCE AREA OF SAFETY

Effectiveness of safety management

| Netherlands | Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from European Aviation Safety Agency (‘EASA’) level A to D |
| --- | --- |
| Air navigation service provider concerned | Safety management objective | 2022 | 2023 | 2024 |
| LVNL | Safety policy and objectives | C | C | C |
| Safety risk management | C | D | D |
| Safety assurance | C | C | C |
| Safety promotion | C | C | C |
| Safety culture | C | C | C |

Netherlands

Targets on the effectiveness of safety management, expressed as a level of implementation, ranging from European Aviation Safety Agency (‘EASA’) level A to D

Air navigation service provider concerned

Safety management objective

2022

2023

2024

LVNL

Safety policy and objectives

C

C

C

Safety risk management

C

D

D

Safety assurance

C

C

C

Safety promotion

C

C

C

Safety culture

C

C

C

KEY PERFORMANCE AREA OF ENVIRONMENT

Average horizontal en route flight efficiency of the actual trajectory

| Netherlands | 2022 | 2023 | 2024 |
| --- | --- | --- | --- |
| Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory | 2,62  % | 2,62  % | 2,62  % |

Netherlands

2022

2023

2024

Targets in the key performance area of environment, expressed as the average horizontal en route flight efficiency of the actual trajectory

2,62  %

2,62  %

2,62  %

KEY PERFORMANCE AREA OF CAPACITY

Average en route ATFM delay in minutes per flight

| Netherlands | 2022 | 2023 | 2024 |
| --- | --- | --- | --- |
| Targets in the key performance area of capacity, expressed in minutes of ATFM delay per flight | 0,15 | 0,15 | 0,15 |

Netherlands

2022

2023

2024

Targets in the key performance area of capacity, expressed in minutes of ATFM delay per flight

0,15

0,15

0,15

KEY PERFORMANCE AREA OF COST-EFFICIENCY

Determined unit cost for en route air navigation services

| En route charging zone of Netherlands | 2014 baseline value | 2019 baseline value | 2020-2021 | 2022 | 2023 | 2024 |
| --- | --- | --- | --- | --- | --- | --- |
| En route cost-efficiency targets, expressed as determined en route unit cost (in real terms in 2017 prices) | 67,44


  EUR | 69,56


  EUR | 151,70


  EUR | 88,63


  EUR | 75,73


  EUR | 71,66


  EUR |

En route charging zone of Netherlands

2014 baseline value

2019 baseline value

2020-2021

2022

2023

2024

En route cost-efficiency targets, expressed as determined en route unit cost (in real terms in 2017 prices)

67,44

EUR

69,56

EUR

151,70

EUR

88,63

EUR

75,73

EUR

71,66

EUR

---