(1)

On 15 June 2018, the Council authorised the Commission to open negotiations pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 with the Federative Republic of Brazil on the modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union.

(2)

The negotiations with the Federative Republic of Brazil were successfully concluded and the Agreement between the European Union and the Federative Republic of Brazil pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union (‘the Agreement’) was initialled on 14 September 2022.

(3)

The Agreement was signed on behalf of the Union on 1 February 2023, subject to its conclusion at a later date, in accordance with Council Decision (EU) 2022/2492 (2).

(4)

The Agreement should be approved,

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

(3)

Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

(4)

It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

(1)

Regulation (EU) 2016/429 provides that consignments of animals, germinal products and products of animal origin must come from a third country or territory, or zone or compartment thereof, listed in accordance with Article 230(1) of that Regulation in order to enter the Union.

(2)

Commission Delegated Regulation (EU) 2020/692 (2) lays down the animal health requirements that consignments of certain species and categories of animals, germinal products and products of animal origin, from third countries or territories, or zones thereof, or compartments thereof in the case of aquaculture animals, must comply with in order to enter the Union.

(3)

Commission Implementing Regulation (EU) 2021/404 (3) establishes the lists of third countries, or territories, or zones or compartments thereof, from which the entry into the Union of the species and categories of animals, germinal products and products of animal origin falling within the scope of Delegated Regulation (EU) 2020/692 is permitted.

(4)

More particularly, Annexes V and XIV to Implementing Regulation (EU) 2021/404 set out the lists of third countries, or territories, or zones thereof authorised for the entry into the Union, respectively, of consignments of poultry, germinal products of poultry, and of fresh meat of poultry and game birds.

(5)

Canada has notified the Commission of five outbreaks of highly pathogenic avian influenza (HPAI) in poultry in the provinces of Quebec (4) and British Colombia (1) which were confirmed on 18 April 2023 and 6 May 2023 by laboratory analysis (RT-PCR).

(6)

Furthermore, the United Kingdom has notified the Commission of an outbreak of HPAI in poultry in the county of Lincolnshire in England, which was confirmed on 16 May 2023 by laboratory analysis (RT-PCR).

(7)

Following those recent outbreaks of HPAI, the veterinary authorities of Canada and the United Kingdom established restricted zones of at least 10 km around the affected establishments and implemented a stamping-out policy in order to control the presence of HPAI and limit the spread of that disease.

(8)

Canada and the United Kingdom have submitted information to the Commission on the epidemiological situation on their territories and the measures they have taken to prevent the further spread of HPAI. That information has been evaluated by the Commission. On the basis of that evaluation and in order to protect the animal health status of the Union, the entry into the Union of consigments of poultry, germinal products of poultry, and fresh meat of poultry and game birds from the areas under restrictions established by the veterinary authorities of Canada and the United Kingdom due to the recent outbreaks of HPAI should no longer be authorised.

(9)

Furthermore, Canada has submitted updated information on the epidemiological situation on its territory in relation to six outbreaks of HPAI in poultry establishments in the provinces of British Columbia (4) and Quebec (2), which were confirmed between 25 November 2022 and 2 February 2023.

(10)

In addition, the United Kingdom has submitted updated information on the epidemiological situation on its territory in relation to an outbreak of HPAI in poultry establishments in the county of Devon in England, United Kingdom, which was confirmed on 31 March 2023.

(11)

Moreover, the United States has submitted updated information on the epidemiological situation on its territory in relation to 25 outbreaks of HPAI in poultry establishments in the states of Alaska (1), Colorado (1), Florida (2), Illinois (2), Indiana (1), Missouri (1), New York (2), Oregon (4), Pennsylvania (3), South Dakota (1), Tennessee (3), Utah (1), Virginia (2) and Wisconsin (1), which were confirmed between 12 July 2022 and 5 April 2023.

(12)

Furthermore, Canada, the United Kingdom and the United States have also submitted information on the measures they have taken to prevent the further spread of HPAI. In particular, following those outbreaks of that disease, Canada, the United Kingdom and the United States have implemented a stamping out policy in order to control and limit the spread of that disease, and they have also completed the requisite cleaning and disinfection following the implementation of the stamping out policy on the infected poultry establishments on their territories.

(13)

The Commission has evaluated the information submitted by Canada, the United Kingdom and the United States and concluded that the outbreaks of HPAI in poultry establishments have been cleared and that there is no longer a risk associated with the entry into the Union of poultry commodities from the zones of Canada, the United Kingdom and the United States from which the entry into the Union of poultry commodities was suspended following those outbreaks.

(14)

Annexes V and XIV to Implementing Regulation (EU) 2021/404 should be therefore amended to take account of the current epidemiological situation as regards HPAI in Canada, the United Kingdom and the United States.

(15)

Taking into account the current epidemiological situation in Canada, the United Kingdom and the United States as regards HPAI and the serious risk of its introduction into the Union, the amendments to be made to Annexes V and XIV to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency.

(16)

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

(1)

The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (the ‘Trade and Cooperation Agreement’) was concluded by the Union by means of Council Decision (EU) 2021/689 (1) and entered into force on 1 May 2021, having been provisionally applied since 1 January 2021.

(2)

Pursuant to Article 778(1) of the Trade and Cooperation Agreement, the Protocols and Annexes to that agreement form an integral part thereof. In accordance with Article 783(3) of the Trade and Cooperation Agreement, as from the date from which that agreement was provisionally applied, references to the date of its entry into force are to be understood as references to the date from which it was provisionally applied.

(3)

Article 8(4)(c) of the Trade and Cooperation Agreement empowers the Specialised Committee on Social Security Coordination (the ‘Specialised Committee’) to adopt decisions, including amendments, and recommendations in respect of all matters where that agreement so provides. In accordance with Article 10(1) of the Trade and Cooperation Agreement, the decisions adopted by a committee are binding on the Parties.

(4)

Pursuant to Article SSCI.53(2) of the Protocol on Social Security Coordination to the Trade and Cooperation Agreement (the ‘Protocol’), the interest for late payments is to be calculated on the basis of the reference rate applied by the financial institution designated for this purpose by the Specialised Committee to its main refinancing operations.

(5)

Many provisions, such as Articles SSC.6(a), SSC.19(1), SSC.26, SSC.47 and SSC.64, SSCI.22(4) and (5), SSCI.23(7), SSCI.56, SSCI.57, SSCI.62 and SSCI.64 of the Protocol, contain situations where, for the purposes of the payment, calculation or recalculation of a benefit or contribution, a reimbursement, or for the purposes of offsetting and the recovery procedures, the exchange rate needs to be determined.

(6)

Pursuant to Article SSCI.73 of the Protocol, for the purposes of the Protocol and its Annex SSC-7, the exchange rate between two currencies is to be the reference rate published by the financial institution designated for this purpose by the Specialised Committee. The date to be taken into account for determining the exchange rate is to be fixed by the Specialised Committee.

(7)

The Specialised Committee notes that, while the rules on social security coordination laid down in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (2), concluded by the Union by means of Council Decision (EU) 2020/135 (3), are legally separate from those laid down in the Trade and Cooperation Agreement, using the same financial institution for both agreements, as well as the same fixed date to be taken into account for determining the exchange rate, would be preferable, as it would avoid complications for the social security institutions implementing those agreements and mitigate the risk of errors.

(8)

It is appropriate to establish the position to be adopted on the Union’s behalf in the Specialised Committee as regards the designation of the financial institution to serve as reference to determine the interest rate for late payments and the exchange rate for currency conversions, as well as the date to be taken into consideration for determining the rates of currency conversion, as the envisaged decision will be binding on the Union,

(1)

In accordance with Article 6(4) of Directive (EU) 2019/904 of the European Parliament and of the Council (2), single-use plastic products referred to in Article 6(1) of that Directive which are in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, are to be presumed to be in conformity with the requirements set out in Article 6(1) to that Directive covered by those standards or parts thereof.

(2)

By Commission Implementing Decision C(2020) 7244 (3), the Commission made a request to the European Committee for Standardisation (CEN) to draft a new harmonised standard regarding certain single-use plastic beverage containers with a capacity of up to three litres that have caps and lids made of plastic, in support of Article 6(1) of Directive (EU) 2019/904.

(3)

On the basis of the request set out in the Implementing Decision C(2020) 7244, CEN drafted the new harmonised standard EN 17665:2022+A1:2023.

(4)

The Commission together with CEN has assessed whether the standard drafted by CEN complies with the request set out in Implementing Decision C(2020) 7244.

(5)

The harmonised standard EN 17665:2022+A1:2023 satisfies the requirements which it aims to cover and which are set out in Directive (EU) 2019/904. It is therefore appropriate to publish the references of that standard in the Official Journal of the European Union.

(6)

Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the date of its publication,

(1)

In accordance with Decision (EU) 2022/2512, it is necessary to draw up a list of the travel documents of the Russian Federation, issued in or to persons resident in regions or territories of Ukraine which are occupied by the Russian Federation or breakaway territories in Georgia which on 22 December 2022 were not under the control of the Georgian government, that should not be accepted as valid travel documents for the purposes of issuing a visa in accordance with Regulation (EC) No 810/2009 of the European Parliament and of the Council (2) and of crossing the external borders in accordance with Regulation (EU) 2016/399 of the European Parliament and of the Council (3).

(2)

The list should ensure that Member States’ authorities responsible for processing visa applications and for carrying out border checks have accurate and updated information at their disposal about the travel documents that should not be accepted in accordance with Decision (EU) 2022/2512. The purpose of the list is to ensure a uniform application of the EU acquis on visas and checks to which persons crossing the external borders are subject.

(3)

On 18 March 2014, following the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation, President of the Russian Federation signed the Treaty of annexation. Therefore, the travel documents issued in or to residents of the Autonomous Republic of Crimea and the city of Sevastopol after 18 March 2014 should be on that list.

(4)

On 24 April 2019, through Decree of the President of the Russian Federation No 183, the Russian Federation simplified the procedure for residents of the non-government-controlled regions of Ukraine’s Donetsk and Luhansk to obtain Russian citizenship, including the procedure for the issuance of Russian international passports to those residents. Therefore, the travel documents issued in or to residents of the Donetsk region and the Luhansk region after 24 April 2019 should be on that list.

(5)

On 25 May 2022, the Russian Federation extended the simplified procedure for obtaining Russian citizenship to the Kherson and Zaporizhzhia regions. On 11 July 2022, Russia expanded its passportisation to the whole territory of Ukraine so that all citizens of Ukraine could claim Russian citizenship and obtain a Russian passport in the simplified procedure. Based on the 11 July 2022 decree, Russian travel documents have been issued in Kharkiv region since 1 August 2022. The majority of the Kharkiv region has been liberated by Ukraine on 9 September 2022. Russian travel documents issued in this region may be in circulation. Therefore, the travel documents issued in or to residents of the Kherson region and the Zaporizhzhia region after 25 May 2022 and the Kharkiv region after 1 August 2022 should be on that list.

(6)

President of the Russian Federation decided on 26 August 2008 that Russia would formally recognise Abkhazia and South Ossetia as independent states. Therefore, the travel documents issued in or to residents of Abkhazia and South Ossetia after 26 August 2008 should be on that list.

(7)

The fact that a country or entity appears on the list should not be taken to imply that it is recognised under international law by one or more Member States.

(8)

Given that Decision (EU) 2022/2512 builds upon the Schengen acquis, in accordance with Article 4 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark notified the implementation of Decision (EU) 2022/2512 in its national law. Denmark is therefore bound under international law to implement this Decision.

(9)

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(10)

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

(11)

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

(12)

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

(13)

As regards Cyprus, Bulgaria, and Romania, this Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession, Article 4(2) of the 2005 Act of Accession and Article 4(2) of the 2011 Act of Accession with respect to the issuing of visas in accordance with Regulation (EC) No 810/2009, as referred to in point (a) of Article 1 of Decision (EU) 2022/2512, whereas it constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession and Article 4(1) of the 2005 Act of Accession with respect to the crossing of the external borders in accordance with Regulation (EU) 2016/399 as referred to in point (b) of Article 1 of Decision (EU) 2022/2512.

(14)

In order to allow for the prompt and uniform application of the measures provided for in Decision (EU) 2022/2512, and due to the emergency situation in regions and territories in Ukraine occupied by Russia as well as in breakaway territories in Georgia, this Decision should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union.