(1)

Regulation (EU) No 549/2013 of the European Parliament and the Council (2) sets up the European System of Accounts 2010 (‘ESA 2010’) and contains the reference framework of common standards, definitions, classifications and accounting rules for drawing up the accounts of the Member States for the statistical requirements of the Union.

(2)

Regulation (EC) No 138/2004 of the European Parliament and the Council (3) sets up the economic accounts for agriculture (‘EAA’) in the Union by providing for the methodology and the time-limits for the transmission of the agricultural accounts. The EAA are satellite accounts of national accounts, as provided for by ESA 2010, with the purpose of obtaining results that are harmonised and comparable between the Member States in order to draw up the accounts for the purposes of the Union. In 2016, the European Court of Auditors published a special report No 1/2016 entitled ‘Is the Commission’s system for performance measurement in relation to farmers’ incomes well designed and based on sound data?’. That report includes sound and relevant observations and recommendations regarding EAA and Regulation (EC) No 138/2004.

(3)

The regional economic accounts for agriculture (‘REAA’) are a regional-level adaptation of the EAA. National figures alone cannot reveal the full and sometimes complex picture of what is happening at a more detailed level. Therefore, regional-level data help to increase the understanding of the diversity that exists between regions, complement information for the Union, the euro area and individual Member States, while responding to the increased need for statistics for accountability, and increase the level of harmonisation, efficiency and consistency regarding Union agricultural statistics. The REAA therefore need to be integrated into Regulation (EC) No 138/2004 in terms of methodology and the transmission programme of data.

(4)

Statistics are no longer considered to be just one among many sources of information for policy-making purposes but instead play a central role in the decision-making process. Evidence-based decision-making requires statistics that meet high-quality criteria, as set out in Regulation (EC) No 223/2009 of the European Parliament and of the Council (4), in accordance with the purposes they are serving.

(5)

High-quality statistical regional-level data are a central tool for the implementation, monitoring, evaluation, review and assessment of the economic, environmental and social impact of policies related to agriculture in the Union, in particular the common agricultural policy (‘CAP’), including rural development measures, the CAP's new delivery model and national Strategic Plans, as well as Union policies relating to, inter alia, the environment, climate change, biodiversity, the circular economy, land use, balanced and sustainable regional development, public health, animal welfare, food safety and security and the United Nations sustainable development goals. The REAA are also crucial for assessing accurately the contribution of the agricultural sector to the achievement of the European Green Deal, in particular the Farm to Fork Strategy and the Union biodiversity strategy. There is increasing recognition of the role of regions and regional data in the implementation of the CAP. Regions represent an important driver for jobs and sustainable economic growth in the Union and provide better data for assessing the sustainability of the agricultural sector for the environment, people, regions and the economy.

(6)

In accordance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council (5), the public should be granted access to the data collected under this Regulation that have not been published.

(7)

Regulation (EC) No 223/2009 provides the legal framework for European statistics and requires Member States to comply with the statistical principles and quality criteria set out in that Regulation. Quality reports are essential for assessing, improving and communicating on the quality of European statistics. The European Statistical System Committee (‘ESSC’) has endorsed the single integrated metadata structure as the European Statistical System standard for quality reporting, thereby helping to satisfy, through uniform standards and harmonised methods, the statistical quality requirements laid down in Regulation (EC) No 223/2009, in particular those set out in Article 12(3) thereof. Resources should be used optimally and the response burden should be minimised.

(8)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in respect of the arrangements for, and the content of, the quality reports. Implementing powers should also be conferred on the Commission in respect of possible derogations from REAA requirements. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (6).

(9)

The EAA provide important annual macroeconomic data to European policy-makers three times per year as provided for in Annex II to this Regulation. The current transmission deadline for the EAA second estimates, one of those three data transmissions to be carried out per year, does not provide much time after the end of the reference period to collect improved data compared to the data provided for the EAA first estimates. To improve the quality of the EAA second estimates, the relevant transmission deadline needs to be slightly postponed.

(10)

Regulation (EC) No 138/2004 should therefore be amended accordingly.

(11)

Since the objective of this Regulation, namely the integration of REAA into the current legal framework for European statistics on EAA, cannot be sufficiently achieved by the Member States but can rather, for reasons of consistency and comparability, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(12)

The ESSC has been consulted,

(1)

In accordance with Article 192(3) of the Treaty on the Functioning of the European Union (TFEU), successive general environment action programmes have guided the development and coordination of Union environment policy and provided the framework for Union action in the field of the environment and climate since 1973.

(2)

Decision No 1386/2013/EU of the European Parliament and of the Council (4) established the 7th Environment Action Programme (‘7th EAP’). The 7th EAP sets out the Union’s environmental agenda for the period up to 31 December 2020 as well as a long-term vision for 2050.

(3)

The Commission report of 15 May 2019 on the evaluation of the 7th EAP concluded that the 2050 vision and priority objectives were still valid; that the 7th EAP has helped to provide more predictable, faster and better-coordinated action in environment policy and that the structure and enabling framework of the 7th EAP have helped create synergies, thus making environment policy more effective and efficient. Moreover, it concluded that the 7th EAP anticipated the United Nations (UN) 2030 Agenda for Sustainable Development (‘UN 2030 Agenda’) by its insistence that economic growth and social well-being depend on a healthy natural resource base, facilitated delivering on the Sustainable Development Goals (SDGs), and enabled the Union to speak with one voice on the global stage on climate and environmental matters, but that progress related to nature protection, health and integrating environmental concerns into other policy areas was not sufficient. It also concluded that there could have been more consideration of social issues in the 7th EAP, by building on the existing links between environment and social policy, as regards, for example, the impact on vulnerable groups, jobs, social inclusion and inequality. Moreover, the Commission report noted that, despite increasingly ambitious environmental targets in many policy domains, spending on environmental protection had remained constant in Europe over many years (approximately 2 % of GDP) and that the failure to implement environmental legislation costs the Union economy around EUR 55 000 000 000 each year in health costs and in direct costs to the environment. The Commission report noted that the 7th EAP’s implementation could have been reinforced by a stronger monitoring mechanism.

(4)

According to the European Environment Agency (EEA) in its report ‘The European environment – state and outlook 2020, Knowledge for transition to a sustainable Europe’ (‘SOER 2020’), there is a unique window of opportunity for the Union in the next decade to show global leadership on sustainability by tackling the urgent sustainability challenges that require systemic solutions. Systemic change entails a fundamental, transformative and cross-cutting form of change that implies major shifts and reorientation in system goals, incentives, technologies, social practices and norms, as well as in knowledge systems and governance approaches. As stated in SOER 2020, one of the most important factors underlying Europe’s persistent environmental and sustainability challenges is that they are inextricably linked to economic activities and lifestyles, in particular the societal systems that provide Europeans with necessities such as food, energy and mobility. Ensuring policy coherence with, and full implementation of, existing environmental policies would take Europe a long way to achieving its environmental goals up to 2030 and achieving the UN 2030 Agenda and its SDGs.

(5)

The Commission responded to the challenges identified in SOER 2020 by adopting the communication of 11 December 2019 entitled ‘The European Green Deal’, a new growth strategy for the twin green and digital transition that aims to transform the Union into a fair and prosperous society, with a sustainable, competitive, climate-neutral and resource-efficient economy, and to protect, conserve and enhance the Union’s natural capital whilst improving the quality of life of current and future generations. Swiftly achieving climate and environmental targets while protecting the health and well-being of people from environmental risks and impacts and ensuring a just and inclusive transition should be the priority. Regulation (EU) 2021/1119 of the European Parliament and of the Council (5) enshrines in law the Union target to achieve climate neutrality by 2050 at the latest.

(6)

In its resolution of 28 November 2019 on the climate and environment emergency, the European Parliament underlined that immediate and ambitious action is crucial and urged the Commission to take concrete action, including by ensuring that all relevant future legislative and budgetary proposals are fully aligned with the objective of limiting global warming to under 1,5 °C and that they are not contributing to biodiversity loss, and by addressing inconsistencies of current Union policies on the climate and environment emergency, in particular through a far-reaching reform of its agricultural, trade, transport, energy and infrastructure investment policies.

(7)

The European Green Deal underpins the Next Generation EU Recovery Plan, which promotes investment in sectors which are key for the green and digital transition, in order to build resilience and create growth and jobs in a fair and inclusive society. The Recovery and Resilience Facility, which will power the Union’s economic recovery from the COVID-19 crisis, together with the Union budget for 2021-2027, is also based on the priority objectives set out in the European Green Deal. Furthermore, all initiatives under the Next Generation EU Recovery Plan are to respect, where applicable, the ‘do no significant harm’ principle as set out in Article 17 of Regulation (EU) 2020/852 of the European Parliament and of the Council (6) (the ‘Taxonomy Regulation’). The Next Generation EU Recovery Plan offers an important opportunity to accelerate the pace of transition towards climate neutrality and the protection of the environment.

(8)

The 7th EAP expired on 31 December 2020 and Article 4(3) thereof required the Commission, if appropriate, to present a proposal for an Eighth Environment Action Programme (‘8th EAP’) in a timely manner with a view to avoiding a gap between the 7th and the 8th EAP. In its communication on the European Green Deal, the Commission announced that the 8th EAP would include a new monitoring mechanism to ensure that the Union remains on track to meet its environmental objectives.

(9)

In accordance with Article 192(3) TFEU, the 8th EAP sets priority objectives to be attained. The measures necessary for the implementation of the 8th EAP are to be adopted under Article 192(1) or (2) TFEU.

(10)

The measures which implement the 8th EAP, such as initiatives, programmes, investments, projects and agreements, should take into consideration the ‘do no significant harm’ principle laid down in Article 17 of the Taxonomy Regulation.

(11)

The 8th EAP should support the objectives of the European Green Deal in line with the long-term objective to live well, within the planetary boundaries by 2050 at the latest, in line with what has been already established in the 7th EAP. The 8th EAP, as the overall Union Environment Action Programme running until 2030, goes beyond the European Green Deal. The priority objectives of the 8th EAP set out a direction for Union policymaking, building on, but not limited to, the commitments of the strategies and initiatives of the European Green Deal, such as the EU Biodiversity Strategy for 2030, the new Circular Economy Action Plan, the Chemicals Strategy for Sustainability and the Zero Pollution Action Plan.

(12)

The Paris Agreement adopted under the UN Framework Convention on Climate Change (7) (the ‘Paris Agreement’) aims to strengthen the global response to the threat of climate change, including by holding the increase in the global average temperature to well below 2 °C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1,5 °C above pre-industrial levels, recognising that this would significantly reduce the risks and impacts of climate change.

(13)

The 8th EAP forms the basis for attaining the environment and climate-related objectives defined under the UN 2030 Agenda and its SDGs, and should be aligned with the goals of the Paris Agreement, the Rio Conventions and other relevant international agreements. The 8th EAP enables a systemic change to a Union economy that ensures well-being within planetary boundaries where growth is regenerative and should also ensure that the green transition is achieved in a just and inclusive way, whilst contributing to reducing inequalities. According to a model developed by the Stockholm Resilience Centre, the achievement of the environmental- and climate-related SDGs underpins the social and economic SDGs because our societies and economies depend on a healthy biosphere and because sustainable development can only take place within the safe operating space of a stable and resilient planet. Achievement of the SDGs by the Union and its support for third countries to do the same will be essential if the Union is to demonstrate global leadership in achieving sustainability transitions.

(14)

Action to achieve the Union’s environmental and climate objectives needs to be carried out in line with the implementation of the European Pillar of Social Rights.

(15)

Pursuant to Article 191(2) TFEU, Union policy on the environment is to aim at a high level of protection, taking into account the diversity of situations in the various regions of the Union, and is to be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should, as a priority, be rectified at source, and that the polluter should pay.

(16)

The 8th EAP should accelerate the green transition, in a just and inclusive way, to a climate-neutral, sustainable, non-toxic, resource-efficient, renewable energy-based, resilient and competitive circular economy that gives back to the planet more than it takes. The green transition should take place in the context of a well-being economy where growth is regenerative and which enables systemic change, which recognises that the well-being and prosperity of our societies depend on a stable climate, a healthy environment and thriving ecosystems and which provides a safe operating space within planetary boundaries. As the global population and the demand for natural resources continue to grow, economic activity should develop in a sustainable way that does no harm but, on the contrary, reverses climate change, protects, restores and improves the state of the environment, including by halting and reversing biodiversity loss, prevents environmental degradation, protects health and well-being from negative environmental risks and impacts, prevents and minimises pollution, and results in the maintenance and enrichment of natural capital and the promotion of a sustainable bioeconomy, therefore ensuring an abundance of renewable and non-renewable resources. Through continuous research and innovation, transformation of production and consumption patterns, and adaptation to new challenges and co-creation, the well-being economy strengthens resilience and protects the well-being of present and future generations.

(17)

The 8th EAP should set out thematic priority objectives in areas of climate change mitigation, adaptation to climate change, protecting and restoring terrestrial and marine biodiversity, a non-toxic circular economy, a zero pollution environment and minimising environmental pressures from production and consumption across all sectors of the economy. Those thematic priority objectives, which address both drivers and impacts of environmental damage, are inherently interlinked. A systemic approach is therefore necessary for their attainment. The 8th EAP should furthermore identify the enabling conditions to achieve, in a coherent way, the long-term and the thematic priority objectives for all actors involved.

(18)

Impact assessments undertaken in the context of the 8th EAP should take into account the full range of immediate and long-term impacts on the environment and climate as part of an integrated analysis of economic, social and environmental impacts, including their cumulative effects, as well as the costs of action and inaction. Those impact assessments should be based on wide and transparent consultation. Within 8 weeks of closure of a public consultation, the Commission should present detailed feedback on stakeholder consultation responses, distinguishing between contributions from different types of stakeholders.

(19)

The transition to a well-being economy, where growth is regenerative, is embedded in the 8th EAP and enshrined in both the 2030 and 2050 priority objectives. To ensure that transition, it will be necessary for the Union to develop a more holistic approach to policymaking through, inter alia, the use of a summary dashboard that measures economic, social and environmental progress ‘beyond GDP’. A summary indicator set, as part of the Union’s efforts to implement the UN 2030 Agenda, would summarise the existing indicator and monitoring processes, whilst also providing information on distance to target, where possible, and ultimately serving as a political summary to guide policy-making. The development of such an indicator set is therefore included as an enabling condition in the 8th EAP.

(20)

The UN Environment Programme and the OECD Global Forum on Environment have highlighted that environmental changes have gender-specific impact. Gender-differentiated roles also cause differentiated vulnerabilities of women and men to the effects of climate change, and climate change impacts exacerbate gender inequalities. Therefore, a gender perspective on actions and goals related to the attainment of the priority objectives of the 8th EAP is necessary in order to help ensure that gender inequalities are not perpetuated.

(21)

Article 35 of Regulation (EU) 2018/1999 of the European Parliament and of the Council (8) states that the State of the Energy Union report is to include an element on Member States’ progress towards phasing out energy subsidies, in particular for fossil fuels. Article 17 of that Regulation provides that the Commission, assisted by the Energy Union Committee, is to adopt implementing acts, including a methodology for the reporting on the phasing out of energy subsidies, in particular for fossil fuels. In addition, based on the results of an ongoing study the Commission will support Member States in the phase out of other environmentally harmful subsidies.

(22)

To meet the needs of the EU Biodiversity Strategy for 2030, including investment priorities for Natura 2000 and green infrastructure, the Commission has assessed that at least EUR 20 000 000 000 a year should be unlocked for spending on nature. This will require mobilising private and public funding at national and Union level, including through a range of different programmes.

(23)

In line with the Commission communication of 14 October 2020 entitled ‘Chemicals Strategy for Sustainability Towards a Toxic-Free Environment’, the 8th EAP should support the Union’s efforts to promote the sound management of chemicals through international cooperation and partnerships, in bilateral, regional and multilateral fora as well as in cooperation with third countries. The Union will, in line with international commitments, ensure that hazardous chemicals banned in the Union are not produced for export, including by amending relevant legislation if and as needed.

(24)

Both in the Union and globally, land and soil continue to be degraded by a wide range of human activities, such as poor land management, land-use change, unsustainable agricultural practices, land abandonment, pollution, unsustainable forestry practices and soil sealing, and due to biodiversity loss and climate change, often combined with other factors, thus reducing the capacity of land and soil to provide ecosystem services and functions.

(25)

The global food system, including agriculture, fisheries and aquaculture, remains one of the key drivers of climate change and environmental degradation, including global deforestation. In the Union, the transformation of the Union food system is needed in order to ensure the attainment of the priority objectives of the 8th EAP.

(26)

According to the Workshop report on Biodiversity and Pandemics of 29 October 2020 issued by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES), the underlying causes of pandemics are the same global environmental changes that drive biodiversity loss and climate change, including land-use change, agricultural expansion and intensification, and wildlife trade and consumption, and other drivers. Climate change has been implicated in disease emergence and will likely cause substantial future pandemic risk, whilst biodiversity loss is also associated with the transformation of landscapes and can lead to increased emerging disease risk in some cases. According to the report, the cost of inaction vastly outweighs the cost of implementing global strategies to prevent pandemics based on reducing wildlife trade and land-use change and on increasing One Health surveillance.

(27)

The COVID-19 pandemic, which has led to an unprecedented global health and economic crisis, has demonstrated again the importance of applying the multi-sectoral One Health approach in policy-making, which recognises that human health depends on the state of the environment and is connected to its components and factors, including animal health, and that actions to tackle threats to health have to take into account a complexity of health and environmental interrelations. The 8th EAP should contribute to the full integration of the One Health approach across all levels of policy-making.

(28)

Progressing towards the recognition of the right to a clean, healthy and sustainable environment, as laid out in Resolution 48/13 of the United Nations Human Rights Council, is an enabling condition for attaining the priority objectives of the 8th EAP.

(29)

The term ‘ecosystem approach’, which has been established under the UN Convention on Biological Diversity, is a strategy for the integrated management of land, water and living resources that promotes conservation and sustainable use in an equitable way in order to help reach a balance between the three objectives of that Convention, namely, conservation, sustainable use and benefit sharing of biological diversity.

(30)

According to the EEA report ‘Nature-based solutions in Europe: Policy, knowledge and practice for climate change adaptation and disaster risk reduction’, nature-based solutions (NBS) for climate change adaptation and disaster risk reduction are actions which work with and enhance nature to restore and protect ecosystems and to help society to adapt to the impacts of climate change and slow further warming, while providing multiple additional benefits. The implementation of NBS should be coherent with the 8th EAP’s priority objectives.

(31)

Natural capital accounting, a tool that aims to measure the changes in the stock of natural capital at a variety of scales and to integrate the value of ecosystem services into accounting and reporting systems, should support measuring progress towards ambitious targets and measures to reduce greenhouse gas emissions and protect and restore biodiversity, which it cannot replace.

(32)

Marine and coastal ecosystems, such as mangroves, coral reefs, salt marshes and seagrass meadows, are being degraded and negatively impacted through harmful practices, pollution and processes such as eutrophication and acidification, impacting the biodiversity they sustain and the ecosystem services and functions they provide, as well as their capacity to act as carbon sinks. Urgent action is required to protect and restore marine and coastal ecosystems, including the ocean floor. Ocean protection and preservation is a global challenge and a collective responsibility, and there is a need to raise awareness and improve ocean literacy in order to foster the adoption and implementation of effective measures by all levels of, and actors in, society.

(33)

Environmental degradation and the adverse effects of climate change are expected to increase further in the years to come, impacting the hardest on developing countries and vulnerable populations. In order to help build resilience and support third countries in their efforts to mitigate, and adapt to, climate change, as well as to protect biodiversity, financial assistance from the Union and Member States to third countries should promote the UN 2030 Agenda, the Paris Agreement and the post-2020 global framework of the UN Convention on Biological Diversity and be in line with the priority objectives of the 8th EAP. Furthermore, the Union and Member States should also ensure that the Paris Agreement and other international climate and environmental agreements are implemented in ways that reflect the principles of equity and of common but differentiated responsibilities and respective capabilities, as laid down in Article 2(2) of the Paris Agreement.

(34)

Green diplomacy and enhanced cooperation with third countries, including developing countries, and supporting good global environmental governance, including promotion of access to information, public participation in decision-making and access to justice in environmental matters, are key to attaining SDGs as well as the Union’s environmental and climate objectives. Ensuring synergies and coherence between all internal and external Union policies, including trade policies and agreements, and adhering to Policy Coherence for Sustainable Development is also essential.

(35)

As environment policy is highly decentralised, action to attain the priority objectives of the 8th EAP should be taken at different levels of governance, i.e. at Union, national, regional and local levels, with a collaborative approach to multi-level governance. Efficient monitoring, implementation, enforcement and accountability are essential, and effective governance is required in order to ensure coherence between policies. The integrated approach to policy development and implementation should be strengthened with a view to maximising the synergies between environmental, social and economic objectives by systematically screening and, where appropriate, assessing the potential trade-offs between them, as well as by systematically evaluating the needs of vulnerable and marginalised groups. This integrated approach should meet the specific needs of all regions, including urban and rural areas and outermost regions. Moreover, access to environmental information, public participation in environmental decision-making, and access to justice, including transparent engagement with and between public authorities at all levels of decision-making, non-governmental actors and the broader public, in line with the Convention on access to information, public participation in decision-making and access to justice in environmental matters (9) (the ‘Aarhus Convention’), are important for ensuring the success of the 8th EAP.

(36)

The Commission should assess the progress in attaining the priority objectives of the 8th EAP by the Union and the Member States in the context of the just and inclusive transition towards sustainability, well-being and resilience within planetary boundaries. This is in line with calls of Heads of State or Government of the Member States in the Porto declaration, of the Council in its conclusions of 24 October 2019 on the Economy of Wellbeing and of the European Economic and Social Committee in its Reflection Paper ‘Towards a Sustainable Europe by 2030’ for measuring economic performance and societal progress ‘beyond GDP’, and moving towards using well-being as a compass for policy, which is also supported by the OECD.

(37)

The assessment of progress towards the attainment of the priority objectives of the 8th EAP should reflect latest developments as regards the availability and relevance of data and indicators. It should be coherent with, and without prejudice to, monitoring and governance tools covering more specific aspects of environment and climate policy, such as, in particular, Regulation (EU) 2018/1999, the Environmental Implementation Review, announced by the Commission in its communication of 27 May 2016 entitled ‘Delivering the benefits of EU environmental policies through a regular Environmental Implementation Review’, and monitoring tools relating to a circular economy, zero pollution, biodiversity, air, water, soil, waste, or any other environment policies. Together with tools used under the European Semester, Eurostat’s SDG Monitoring and the Commission communication of 9 September 2020 entitled the ‘2020 Strategic Foresight Report’, assessment of progress towards attaining the priority objectives of the 8th EAP should form part of a cross-cutting, coherent and interconnected set of monitoring and governance tools, covering not only environmental but also social and economic factors.

(38)

Further developing the knowledge base on planetary boundaries and environmental footprints, and developing relevant indicator sets, are important in view of the 8th EAP’s priority objectives, in particular its long-term priority objective.

(39)

Robust and meaningful data and indicators are needed in order to monitor progress towards attaining the priority objectives of the 8th EAP. The Commission, the EEA and other relevant agencies should access, re-use and build on the data and indicators provided by the Member States in accordance with applicable Union legal acts. In addition, other data sources, such as satellite data and processed information taken from the Union’s Earth Observation Programme (Copernicus), the European Forest Fire Information System, the Biodiversity Information System for Europe, the Land Parcel Identification System and the European Flood Awareness System, and data platforms such as the European Marine Observation and Data Network and the Information Platform for Chemical Monitoring should be utilised. The application of modern digital tools and artificial intelligence allows the data to be managed and analysed in an effective way and thereby reduces the administrative burden, whilst increasing timeliness and quality. To assess progress towards attaining the priority objectives of the 8th EAP, non-legally binding targets could be used in addition to legally binding targets set out in Union law.

(40)

Furthermore, in accordance with the requirements set out in Directives 2003/4/EC (10), 2007/2/EC (11) and (EU) 2019/1024 (12) of the European Parliament and of the Council, Member States should ensure that the relevant data, information and indicators for monitoring the implementation of the 8th EAP are freely available, non-discriminatory, with open access, adequate, of high quality, comparable, up-to-date, user friendly and easily accessible online.

(41)

To attain the priority objectives of the 8th EAP, the EEA and the European Chemicals Agency (ECHA), as well as Member States, should be equipped with adequate capacity and sufficient resources to ensure a sound, accessible and transparent knowledge and evidence base to support the implementation of the strategic priorities of the European Green Deal and the assessment of progress under the 8th EAP. Where relevant, other bodies and agencies should also be involved and contribute to the implementation of those strategic priorities and to that assessment of progress.

(42)

Article 192(3), first subparagraph, TFEU provides that it is for the European Parliament and the Council, in accordance with the ordinary legislative procedure, to adopt general action programmes setting out priority objectives to be attained in the field of Union policy on the environment. As the Commission Communication on the European Green Deal contains a roadmap of key actions relevant for the field of environment and climate in the coming years, exceptionally this Decision does not define actions for the attainment of its priority objectives for the period up to 2025. However, there will be a need to do so for the period after the European Green Deal’s key actions are expected to have been put in place by 2024, to ensure that the thematic priority objectives set out in this Decision can be attained and that the 8th EAP continues to set the overarching vision of the Union’s environment policy. This is also necessary in order to respect the prerogatives of the European Parliament and the Council pursuant to Article 192(3), first subparagraph, TFEU, without prejudice to the prerogatives of the Commission pursuant to Article 17 of the Treaty on European Union (TEU). For that purpose, there should be a mid-term review carried out by the Commission by 31 March 2024, followed, where appropriate, in order to attain the thematic priority objectives, by 31 March 2025, by a legislative proposal adding an annex to this Decision.

(43)

In order to take account of evolving policy objectives and the progress made, the 8th EAP should be evaluated by the Commission in 2029. The Commission should present a report to the European Parliament and to the Council containing the findings of that evaluation, followed, if appropriate, by a legislative proposal for the next environmental action programme. Such a legislative proposal should be presented in a timely manner, with a view to avoiding a gap between the 8th and the 9th EAP.

(44)

Since the objectives of this Decision cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the proposed action programme, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives,

(1)

On 12 April 2011, the Council adopted Regulation (EU) No 359/2011.

(2)

On the basis of a review of Council Decision 2011/235/CFSP (2), the Council has decided that the restrictive measures set out therein should be renewed until 13 April 2023.

(3)

Three persons designated in Annex I to Regulation (EU) No 359/2011 are deceased, and the entries concerning them should be removed from that Annex. The Council has also concluded that the entries concerning 25 persons included in Annex I to Regulation (EU) No 359/2011 should be updated.

(4)

Annex I to Regulation (EU) No 359/2011 should therefore be amended accordingly,

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10(2) of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

(2)

Litsea berry essential oil was authorised without a time limit in accordance with Directive 70/524/EEC as feed additive for all animal species. This additive was subsequently entered in the Register of feed additives as existing product, in accordance with Article 10(1)(b) of Regulation (EC) No 1831/2003.

(3)

In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the re-evaluation of litsea berry essential oil for all animal species.

(4)

The applicant requested the additive to be classified in the additive category ‘sensory additives’ and in the functional group ‘flavouring compounds’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(5)

The applicant requested litsea berry essential oil to be authorised also for use in water for drinking. However, Regulation (EC) No 1831/2003 does not allow the authorisation of ‘flavouring compounds’ for use in water for drinking. Therefore, the use of litsea berry essential oil in water for drinking should not be allowed.

(6)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 5 May 2021 (3) that, under the proposed conditions of use litsea berry essential oil does not have adverse effects on animal health, consumer health or the environment. The Authority also concluded that litsea berry essential oil should be considered as irritant to skin and eyes, and as a skin and respiratory sensitiser. Therefore, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on human health, in particular as regards the users of the additive.

(7)

The Authority further concluded, that litsea berry essential oil is recognised to flavour food and its function in feed would be essentially the same as that in food. Therefore, no further demonstration of efficacy is considered necessary. The Authority also verified the report on the methods of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(8)

The assessment of litsea berry essential oil shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this substance should be authorised as specified in the Annex to this Regulation.

(9)

Certain conditions should be provided for to allow better control. In particular, a recommended content should be indicated on the label of the feed additives. Where such content is exceeded, certain information should be indicated on the label of premixtures.

(10)

The fact that litsea berry essential oil is not authorised for use as a flavouring in water for drinking, does not preclude its use in compound feed which is administered via water.

(11)

Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation of the substance concerned, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

(12)

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

(1)

Commission Regulation (EC) No 474/2006 (2) establishes the list of air carriers, which are subject to an operating ban within the Union.

(2)

Air carriers certified by the Russian Federal Air Transport Agency (‘FATA’) are not included in Annex A or B to Regulation (EC) No 474/2006, with the exception of the air carrier SKOL Airline LLC which was added to Annex A by Commission Implementing Regulation (EU) 2021/2070 (3).

(3)

Certain European Union (‘EU’) Member States and the European Union Aviation Safety Agency (‘the Agency’) communicated to the Commission, pursuant to Article 4(3) of Regulation (EC) No 2111/2005, information that may be relevant in the context of updating that list. Third countries and international organisations also provided relevant information. The information provided has been duly considered by the Commission in its determination whether it is appropriate to update the list.

(4)

Pursuant to the Agreement concluded in 1999 between Bermuda and Russia on the implementation of Article 83bis of the Convention on International Civil Aviation signed in Chicago on 7 December 1944 (‘Chicago Convention’) as regards aircraft on the Bermuda Registry operated by air carriers certified by FATA, which concerns the transfer of regulatory oversight functions and duties contained in Annexes 1, 2 and 6 to the Chicago Convention, the Bermuda Civil Aviation Authority (‘BCAA’) advised on 14 March 2022, by way of General Notice GEN-01-2022, to FATA that the Certificates of Airworthiness (‘CoA’) of all leased aircraft registered in Bermuda and operated by air carriers certified by FATA would be suspended with effect from 12 March 2022, at 23.59 UTC, based on the determination that the continued airworthiness of these aircraft can no longer be assured.

(5)

Pursuant to the Agreement concluded in 2002 between Ireland and Russia on the implementation of Article 83bis of the Chicago Convention as regards aircraft on the Irish Registry operated by air carriers certified by FATA, which concerns the transfer of regulatory oversight functions and duties contained in Annexes 1, 2 and 6 to the Chicago Convention, the Irish Aviation Authority (‘IAA’) issued on 15 March 2022 its Aeronautical Notice A.114 in which it declared the cessation of validity of all CoA for aircraft operated by air carriers certified by FATA , with effect from the date of that notice, based on the determination that the airworthiness of these aircraft cannot be assured.

(6)

Despite these decisions of the BCAA and IAA, acting in their capacity as competent authorities of the States of Registry, a number of affected aircraft are still being operated by air carriers certified by FATA, both within Russia as well as to certain other third countries. The International Civil Aviation Organisation (‘ICAO’), by its Electronic Bulletin 2022/12 of 11 March 2022, recalled that such action was a direct violation of Articles 29 and 31 of the Chicago Convention. According to that Electronic Bulletin, FATA, in its capacity as the authority responsible for ensuring compliance by Russian certified air carriers with relevant international safety standards, should not have permitted such operations to take place. Moreover, the air carriers certified by FATA operating such flights with the aircraft referred to in recitals (4) and (5) have knowingly done so in breach of relevant international safety standards, notably ICAO Annex 6, Part I, Chapter 5, Standard 5.2.3 ‘An aeroplane shall be operated in compliance with the terms of its certificate of airworthiness and within the approved operating limitations contained in its flight manual’, with the understanding that such CoA is issued by the State of Registry.

(7)

Furthermore, a large number of those aircraft have been entered in the aircraft registry of Russia without the consent of the owners and without subsequent safety related collaboration of either the BCAA or the IAA. As also stated in the ICAO Electronic Bulletin referred to in recital (6), such action is in breach of Articles 17 and 18 of the Chicago Convention.

(8)

On 18 March 2022, ICAO released its State Letter AN 3/1.1-22/41 in which it reminds all Contracting States of the Chicago Convention of the oversight responsibilities and obligations stemming from that Convention and Annexes thereto as regards the adequate performance of safety oversight.

(9)

On 18 March 2022, Russia announced to Bermuda that it was suspending the Article 83bis Agreement, referred to in recital (4), with immediate effect. As a result, in accordance with the relevant international civil aviation safety standards, any regulatory oversight responsibilities formerly transferred to Russia under that Agreement reverted back to Bermuda as the State of Registry.

(10)

In breach of the applicable international civil aviation safety standards, FATA has retained the transferred regulatory oversight responsibilities referred to in recitals (4) and (5), and assumed, without any coordination with Bermuda and Ireland as States of Registry, the regulatory functions and duties contained in Annex 8 to the Chicago Convention. There is no verifiable evidence to conclude that FATA has developed the necessary safety oversight capacity to adequately perform such an extended oversight responsibility on such short notice, and over such an extensive number of aircraft.

(11)

On 21 March 2022, pursuant to Article 3(2) of Regulation (EC) No 473/2006 (4), the Commission informed FATA about its serious concerns regarding the aviation safety oversight situation in Russia, and informed it about the essential facts and considerations, which could form the basis of a decision to impose an operating ban on air carriers certified by FATA within the Union.

(12)

The Commission gave FATA opportunity to submit written comments and to make an oral presentation on 5 April 2022 to the Commission and the EU Air Safety Committee. FATA was requested to indicate by 1 April 2022 whether it intends to use its right of defence and wanted to appear before the EU Air Safety Committee.

(13)

On 21 March 2022, the Commission informed the EU Air Safety Committee about the ongoing joint consultations with FATA, within the framework of Regulation (EC) No 2111/2005 and Commission Regulation (EC) No 473/2006.

(14)

On 31 March 2022, FATA informed in a letter addressed to the Commission that it rejects the allegations pertaining to the safety performance of air carriers certified by FATA, and that it considers that it discharges to the full extent the responsibilities imposed on ICAO Contracting States. FATA did not, however, provide any evidence or information to support its statements, and did not demonstrate how it discharges its responsibilities for the regulatory functions and duties contained in Annex 8 to the Chicago Convention, notably with regard to the air carriers operating the aircraft referred to in recitals (4) and (5).

(15)

On 1 April 2022, the Commission noted that FATA had not indicated, as requested in the letter of the Commission transmitted to FATA on 21 March 2022, its intent to use its right of defence, as provided for in Regulation (EC) No 2111/2005.

(16)

On 5 April 2022, the EU Air Safety Committee met to discuss the situation of the safety performance of the air carriers certified by FATA, as well as the ability of FATA to comply with the international aviation safety standards. The EU Air Safety Committee noted the breaches of the Chicago Convention referred to in recitals (6) and (7), as well as the violation of the applicable international civil aviation safety standards referred to in recital (10). It also noted the absence of willingness to cooperate with the Commission and the EU Member States, on the question of the capacity of FATA and the air carriers it has certified, to ensure the continuing airworthiness and operational safety of the air carriers’ fleet, including the aircraft referred to in recitals (4) and (5).

(17)

Further consideration was also given to the consequential impact of the restrictive measures resulting from Council Regulation (EU) 2022/328 (5) amending Regulation (EU) No 833/2014, and notably the short term operational impact of having only limited access to updates of Navigation databases, and Ground Proximity Warning Systems Databases, thus seriously impairing the safe navigation abilities of the aircraft operated by air carriers certified by FATA.

(18)

Note was taken of the fact that, as a result of the applicable restrictive measures, engineering and technical support to air carriers certified by FATA has become limited. Moreover, the lack of this engineering and technical support, coupled with the increased surveillance activity stemming from the addition of the significant number of new aircraft on the Russian registry, will increase FATA’s workload and the need for expertise, which is unlikely to be immediately achievable considering, on the one hand, the Article 83bis Agreement conditions under which such activity have been handled in Russia to date, and the consequences of the applicable restrictive measures on the other hand.

(19)

In view of the aforementioned violations and the lack of willingness to cooperate with the Commission and the EU Member States by addressing the specific points and concerns raised by the Commission in its letter of 21 March 2022, the Commission and the EU Air Safety Committee concluded, in line with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, including notably the third criterion, that there is no evidence that FATA is able to discharge its responsibilities under the Chicago Convention and the standards contained in the Annexes thereto as regards the air carriers certified by FATA operating aircraft referred to in recitals (4) and (5).

(20)

Furthermore, in line with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, and particularly with the first criterion, the air carriers certified by FATA which have operated one or more of the aircraft mentioned in recital 4 and 5 have, by doing so, demonstrated serious safety deficiencies by allowing flight operations to take place in breach of relevant international safety standards applicable to commercial air transportation.

(21)

In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission considers that the list of air carriers, which are subject to an operating ban within the Union, as set out in Annex A to Regulation (EC) No 474/2006, should be amended to include all air carriers certified in Russia operating aircraft referred to in recitals (4) and (5).

(22)

Member States should continue verifying the effective compliance of air carriers certified by FATA with the relevant international safety standards, through prioritisation of ramp inspections of those air carriers pursuant to Commission Regulation (EU) No 965/2012 (6).

(23)

The situation as regards the ability and capacity of FATA to discharge its role and responsibilities in terms of surveillance of its aviation industry, as well as all the air carriers certified in Russia, including notably the air carriers operating aircraft referred to in recitals (4) and (5), will be monitored closely, and will be subject to further scrutiny by the Commission, assisted by the Agency, for review at the next meetings of the EU Air Safety Committee.

(24)

Regulation (EC) No 474/2006 should therefore be amended accordingly.

(25)

Articles 5 and 6 of Regulation (EC) No 2111/2005 recognise the need for decisions to be taken swiftly and, where appropriate, urgently, given the safety implications. It is therefore essential, for the protection of sensitive information and the traveling public, that any decisions in the context of updating the list of air carriers, which are subject to an operating ban or restriction within the Union, are published and enter into force immediately after their adoption.

(26)

The measures provided for in this Regulation are in accordance with the opinion of the EU Air Safety Committee established by Article 15 of Regulation (EC) No 2111/2005,