(1)

Regulation (EU) 2016/2031 has repealed and replaced Council Directive 2000/29/EC (2), while Commission Implementing Regulation (EU) 2019/2072 (3) has replaced Annexes I to V to that Directive.

(2)

Article 7 in conjunction with point 1 of Annex VI to Implementing Regulation (EU) 2019/2072 prohibits the introduction into the Union of plants for planting of Chamaecyparis Spach, Juniperus L. and Pinus L., other than fruit and seeds. Previously the respective prohibition was set out in Article 4(1) in conjunction with point 1, Part A of Annex III to Directive 2000/29/EC.

(3)

Commission Decision 2002/887/EC (4) authorised the Member States to provide for derogations from Article 4(1) of Directive 2000/29/EC, with regard to the prohibitions referred to in point 1, Part A of Annex III to that Directive, for naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and certain species of Pinus L., other than fruit and seeds, originating in Japan.

(4)

On 3 August 2017, Japan submitted a request for extending that authorisation also to naturally or artificially dwarfed plants of black pine bonsai (Pinus thunbergii Parl.) and provided a technical information in support of that request.

(5)

In May 2019, the European Food Safety Authority (EFSA) delivered a scientific opinion evaluating the plant health risks from black pine bonsai imported from Japan (5). That scientific opinion was based on the available scientific and technical information provided by Japan, concluding on the likelihood of pest freedom as regards the pests that could be associated with that commodity if certain conditions are fulfilled.

(6)

Some of the pests concerned are not yet listed as Union quarantine pests but might fulfil the criteria to be listed as such, thus they should be subject to provisional measures set out in Article 30(1) of Regulation (EU) 2016/2031. On the basis of the EFSA scientific opinion, the conditions for import of Pinus thunbergii Parl. bonsai plants from Japan ensuring certain level of pest freedom are deemed to be acceptable and a derogation should be granted for their introduction into the Union, for an initial period until 31 December 2023, in order to allow for a review of those measures.

(7)

In October 2019, Japan also submitted a request for prolongation of the derogation granted by Decision 2002/887/EC for Chamaecyparis Spach, Juniperus L. and certain species of Pinus L. The circumstances justifying granting this derogation pursuant to Decision 2002/887/EC still apply and the phytosanitary risks from introduction of these commodities remain low. Since there is no new information giving cause for revision of the specific conditions therein, such prolongation of the derogation should be granted. However, the list of pests of concern for Pinus sp. should be updated to cover recent changes in taxonomy and the new scientific information in the EFSA scientific opinion.

(8)

That derogation should be subject to the same requirements as set out in Decision 2002/887/EC. Those requirements should apply without prejudice to Implementing Regulation (EU) 2019/2072, and especially the requirements set out in point 30 of Annex VII to that Regulation concerning the introduction into the Union of naturally or artificially dwarfed plants for planting other than seeds.

(9)

As Directive 2000/29/EC has been repealed and replaced by Regulation (EU) 2016/2031, Decision 2002/887/EC should be repealed and replaced by this Regulation for reasons of clarity and legal consistency.

(10)

The derogation provided for in this Regulation should apply until 31 December 2023 to allow for its review.

(11)

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

—

Chamaecyparis sp. Spach,

—

Juniperus sp. L.,

—

Pinus parviflora Sieb. & Zucc. (Pinus pentaphylla Mayr),

—

Pinus thunbergii Parl.,

—

Pinus parviflora Sieb. & Zucc., grafted on a rootstock of another Pinus species, originating in Japan, and

—

Pinus thunbergii Parl. grafted on a rootstock of another Pinus species, originating in Japan.

(a)

Chamaecyparis: from 1 October 2020 to 31 December 2023;

(b)

Juniperus: from 1 November to 31 March each year until 31 December 2023;

(c)

Pinus L.: from 1 October 2020 to 31 December 2023.

(1)

Article 1(1) of Commission Regulation (EU) No 642/2010 (2) states that the import duty on products falling within CN codes 1001 11 00, 1001 19 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high-quality common wheat other than seed), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55%, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

(2)

Article 1(2) of Regulation (EU) No 642/2010 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products referred to in that paragraph.

(3)

Under Article 2(1) of Regulation (EU) No 642/2010, the import price to be used for the calculation of the import duty on products referred to in Article 1(1) of that Regulation is the daily cif representative import price determined using the method provided for in Article 5 of that Regulation.

(4)

From 21 September 2017 the import duty on products originating in Canada and falling within CN codes 1001 11 00, 1001 19 00, ex 1001 99 00 (high quality common wheat other than seed), 1002 10 00 and 1002 90 00 is to be calculated in accordance with Article 2(5) of Regulation (EU) No 642/2010.

(5)

Import duties should be fixed for the period from 26 August 2020, and should apply until a new import duty is fixed and enters into force.

(6)

Under Article 2(2) of Regulation (EU) No 642/2010, this Regulation should enter into force on the day of its publication,

(1)

Article 2(1) of Regulation (EU) 2020/698 extends the time limits for the completion, by the holder of a certificate of professional competence (CPC), of periodic training which would otherwise have expired or would otherwise expire between 1 February 2020 and 31 August 2020. Article 2(2) of that Regulation extends the validity of the corresponding marking of harmonised Union code, ‘95’.

(2)

Article 2(3) of Regulation (EU) 2020/698 extends the validity of driver qualification cards referred to in Annex II to Directive 2003/59/EC of the European Parliament and of the Council (2) which would otherwise have expired or would otherwise expire between 1 February 2020 and 31 August 2020.

(3)

By letter dated 13 July 2020, referring to Article 2(1), (2) and (3) of Regulation (EU) 2020/698, Italy submitted a reasoned request for an authorisation to apply an extension by four months of the period between 1 February 2020 and 31 August 2020 specified in Article 2(1) and (3) of that Regulation. Italy provided additional information in support of its request on 15, 16, 17 and 21 July 2020.

(4)

According to the information provided by Italy, the completion of periodic training and its certification, the marking of the harmonised Union code, ‘95’, and the renewal of driver qualification cards is likely to remain impracticable in Italy until 31 December 2020 due to measures that it has taken to prevent or contain the spread of COVID‐19.

(5)

In particular, Italy suspended all training courses between 9 March and 28 May 2020, including those related to the periodic training of drivers provided for in Directive 2003/59/EC. Those training courses only resumed in the first week of June 2020. Moreover, only a small number of candidates can participate in the training courses at the same time, in order to respect social distancing rules, to avoid the spread of the virus. There is therefore a considerable backlog of drivers needing to complete the training courses.

(6)

The situation is particularly problematic in the case of the periodic training for bus drivers. According to the information provided by Italy, many drivers who were carrying out the activity of driver of vehicles used for transport of passengers on 10 September 2008, obtained a CPC as an acquired right pursuant to Article 4 of Directive 2003/59/EC. In practice, and pursuant to Article 4, Article 8(2) and Article 14(2) of Directive 2003/59/EC, many of the CPCs thus granted expired in the first half of September 2015, since Italy made use of the possibility to extend the period referred to in Article 8(2) of Directive 2003/59/EC to up to seven years. In turn, drivers who renewed their CPC shortly before their expiry in 2015 must again renew their CPC by 9 September 2020. Italy estimates that there are over 62 000 CPCs due to expire on 9 September 2020 and have not yet been renewed.

(7)

In addition, CPCs issued between 11 September 2007 and 31 December 2007 on the basis of examinations will also expire between 11 September and 31 December 2020.

(8)

Furthermore, according to the information provided by Italy, completion of the 35-hour periodic training course takes at least 5 days, and the majority of participants will require two weeks to complete it. After successful completion of the course, participants have to request the Ministry of Infrastructure and Transport to issue a new driving licence bearing the harmonised Union code ‘95’, which certifies that periodic training has taken place pursuant to Directive 2003/59/EC. Therefore, Italy anticipates that many drivers will be unable to complete the periodic training course and to conclude the administrative procedure to be able to continue carrying out their activity.

(9)

As regards Article 2(1), (2) and (3) of Regulation (EU) 2020/698, Italy should therefore be authorised to apply an extension of four months of the respective periods, between 1 February 2020 and 31 August 2020, specified in Article 2(1) and (3) of that Regulation,

(1)

A request for registration of a proposed European citizens’ initiative entitled ‘Right to Cure’ was submitted to the Commission on 4 July 2020.

(2)

The objectives of the proposed initiative are to: ‘[1] ensure that intellectual property rights, including patents, do not hamper the accessibility or availability of any future COVID-19 vaccine or treatment; [2] ensure that EU-legislation on data and market exclusivity does not limit the immediate effectiveness of compulsory licenses issued by Member States; [3] introduce legal obligations for beneficiaries from EU-funds to share COVID-19 health technology related knowledge, intellectual property and/or data in a technology or patent pool; [4] introduce legal obligations for beneficiaries from EU-funds regarding transparency on public contributions, production costs, as well as accessibility and affordability clauses combined with non-exclusive licenses.’

(3)

An annex provides further details on the subject matter, objectives and background to the proposed European citizens’ initiative. In particular, the group of organisers calls on the Union ‘to put public health before private profit [and] make anti-pandemic vaccines and treatments a global public good, freely accessible to everyone’.

(4)

As regards the first two objectives of the proposed initiative, the Commission has power to propose a legal act of the Union for the approximation of the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market, on the basis of Article 114 of the Treaty.

(5)

As regards the last two objectives of the proposed initiative, the Commission has power to propose a legal act of the Union for the purpose of implementing the Treaties designed to protect and improve public health, on the basis of Article 168(5) of the Treaty, and research actions in the context of the multiannual framework programme of the Union, on the basis of Article 182 of the Treaty, read in conjunction with Article 183 of the Treaty.

(6)

For these reasons, none of the parts of the proposed initiative manifestly falls outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties.

(7)

The group of organisers has provided appropriate evidence that it fulfils the requirements laid down in Article 5(1) and (2) of Regulation (EU) 2019/788 and has designated the contact persons in accordance with the first subparagraph of Article 5(3) of that Regulation.

(8)

The proposed initiative is not manifestly abusive, frivolous or vexatious, nor is it manifestly contrary to the values of the Union as set out in Article 2 of the Treaty on European Union and rights enshrined in the Charter of Fundamental Rights of the European Union.

(9)

The proposed initiative entitled ‘Right to Cure’ should therefore be registered,