title: Commission Implementing Regulation (EU) 2020/30 of 14 January 2020 amending Implementing Regulation (EU) No 404/2011 as regards detailed rules for the direct electronic exchange of information enacted under the rules of the Common Fisheries Policy

text:
                  15.1.2020

                  EN

                  Official Journal of the European Union

                  L 9/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/30
         of 14 January 2020
         amending Implementing Regulation (EU) No 404/2011 as regards detailed rules for the direct electronic exchange of information enacted under the rules of the Common Fisheries Policy
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (1), and in particular Articles 71, 76 and 111 thereof,
         Whereas:

                     (1)

                     Rules governing the exchange of data in electronic format between Member States, and between Member States and the Commission or the body designated by it were established in Regulation (EC) No 1224/2009 (‘the Control Regulation’). Articles 71, 76 and 83 of that Regulation specifically concern the exchange of inspection and surveillance reports.

                     (2)

                     The Commission has developed a new format for the transmission of inspection and surveillance report data that should be used for all future electronic data exchanges referred to in Articles 71, 76 and 83 of the Control Regulation.

                     (3)

                     Chapter Ia of Title IX of Commission Implementing Regulation (EU) No 404/2011 (2) lays down the rules governing the exchange of data between Member States, and between Member States and the Commission or the body designated by it. These rules need to be modified in order to take account of the new format developed by the Commission for inspection and surveillance data as well as new technologies and international standards.

                     (4)

                     Since Council Regulation (EC) No 1006/2008 (3) has been repealed by Regulation (EU) 2017/2403 of the European Parliament and of the Council (4), references to this Regulation in Chapter Ia of Title IX of Implementing Regulation (EU) No 404/2011 should be removed.

                     (5)

                     Implementing Regulation (EU) No 404/2011 should therefore be amended accordingly.

                     (6)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Amendments to Implementing Regulation (EU) No 404/2011
            Implementing Regulation (EU) No 404/2011 is amended as follows:

                        (a)

                        Article 146a is replaced by the following:

                           ‘Article 146a
                           This Chapter lays down detailed rules for the exchange of data as referred to in Articles 111 and 116 of the Control Regulation, the exchange of inspection and surveillance report data as referred to in Articles 71, 76 and 83 of the Control Regulation, as well as for the notification of catch data as referred to in Article 33(2) and (4) of the Control Regulation.’

                        (b)

                        In Article 146i, paragraph 1 is replaced by the following:

                           ‘1.   Flag Member States shall use the XML Schema Definition based on the UN/CEFACT P1000-12 as format to transmit to the Commission the aggregated catch data referred to in Article 33(2) and (4) of the Control Regulation.’

                        (c)

                        In Article 146i, paragraph 3 is replaced by the following:

                           ‘3.   The catch report quantities shall be based on the quantities landed. If catches are not yet landed, an estimate catch report shall be provided, with the indication ‘retained on board’. A correction with the exact weight and landing place shall be transmitted before the 15th of the month following the landing.’

                        (d)

                        In Article 146j, paragraph 1 is replaced by the following:

                           ‘1.   Amendments to XML formats and implementation documents to be used for all electronic data exchanges between Member States, and between Member States, the Commission or the body designated by it, including the amendments resulting from Articles 146f, 146g, 146h and 146k, shall be decided by the Commission in concert with Member States.’

                        (e)

                        The following Article 146k is added:

                           ‘Article 146k
                           Exchange of inspection and surveillance related data

                              1.   The format to be used to exchange inspection and surveillance report data, referred to in Articles 71, 76 and 83 of the Control Regulation, between Member States, as well as between Member States and the Commission or the body designated by it, shall be the Inspection and Surveillance Domain XML Schema Definition based on the UN/CEFACT P1000-8.

                              2.   As from a date established in concert with Member States in accordance with Article 146j(2), Member State systems shall be capable of sending inspection and surveillance messages and of replying to requests for inspection and surveillance data in accordance with the Inspection and Surveillance Domain XML Schema Definition based on the UN/CEFACT P1000-8.’

                        (f)

                        In Annex XII, under ‘P1000 — 7; Vessel Position domain’, the following line is inserted:

                  ‘P1000 — 8; Inspection and Surveillance domain’.

            Article 2
            Entry into force
            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, 14 January 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 343, 22.12.2009, p. 1.

            (2)  Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1).

            (3)  Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33).

            (4)  Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).


title: Commission Implementing Regulation (EU) 2020/29 of 14 January 2020 concerning the non-approval of Vitis vinifera cane tannins as a basic substance in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (Text with EEA relevance)

text:
                  15.1.2020

                  EN

                  Official Journal of the European Union

                  L 9/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/29
         of 14 January 2020
         concerning the non-approval of Vitis vinifera cane tannins as a basic substance in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market
         (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 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 23(5) in conjunction with Article 13(2) thereof,
         Whereas:

                     (1)

                     On 30 June 2017, the Commission received an application from Biomolécules et Biotechnologies Végétales (BBV) EA2106 and Institut Technique de l’Agriculture Biologique (ITAB) for the approval of Vitis vinifera cane tannins as a basic substance. That application was accompanied by the information required under the second subparagraph of Article 23(3) of Regulation (EC) No 1107/2009.

                     (2)

                     The Commission asked the European Food Safety Authority (‘the Authority’) for scientific assistance. The Authority provided the Commission with a technical report on Vitis vinifera cane tannins on 2 May 2018 (2). The Commission presented the review report (3) and the draft of this Regulation on the non-approval of Vitis vinifera cane tannins to the Standing Committee on Plants, Animals, Food and Feed on 24 June 2019 and finalised them for the meeting of that Committee on 22 October 2019.

                     (3)

                     The documentation provided by the applicants do not show that Vitis vinifera cane tannins fulfils the criteria of a foodstuff as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (4).

                     (4)

                     Specific concerns were identified, in the technical report of the Authority, regarding Vitis vinifera cane tannins. No toxicological assessment was available for Vitis vinifera cane tannins used as a plant protection product, especially as regards the protection of children. This applies to the estimation of the non-dietary exposure risk assessment, in particular bystanders and residents. Furthermore, there was insufficient information for performing an environmental risk assessment for the substance.

                     (5)

                     No relevant evaluation, carried out in accordance with other Union legislation as referred to in Article 23(2) of Regulation (EC) No 1107/2009, was available.

                     (6)

                     The Commission invited the applicants to submit their comments on the technical report of the Authority and on the Commission’s draft review report. The applicants did not submit comments.

                     (7)

                     Consequently, as laid down in the Commission’s review report, it has not been established that the requirements laid down in Article 23 of Regulation (EC) No 1107/2009 are satisfied. It is therefore appropriate not to approve Vitis vinifera cane tannins as a basic substance.

                     (8)

                     This Regulation does not prejudice the submission of a further application for the approval of Vitis vinifera cane tannins as a basic substance in accordance with Article 23(3) of Regulation (EC) No 1107/2009.

                     (9)

                     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

               Vitis vinifera cane tannins is not approved as a basic substance.

            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, 14 January 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 309, 24.11.2009, p. 1.

            (2)  EFSA (European Food Safety Authority), 2017. Technical report on the outcome of the consultation with Member States and EFSA on the basic substance application for Vitis vinifera cane tannins for use in plant protection as protectant and repellent. EFSA supporting publication 2018:EN-1414. 46 pp. doi: 10.2903/sp.efsa.2018.EN-1414.

            (3)  http://ec.europa.eu/food/plant/pesticides/eu-pesticides-database/public/?event=activesubstance.selection&language=EN

            (4)  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).


title: Commission Implementing Regulation (EU) 2020/37 of 16 January 2020 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

text:
                  17.1.2020

                  EN

                  Official Journal of the European Union

                  L 13/13

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/37
         of 16 January 2020
         amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (1), and in particular Article 11(b) thereof,
         Whereas:

                     (1)

                     Annex III to Regulation (EC) No 1210/2003 lists public bodies, corporations and agencies and natural and legal persons, bodies and entities of the previous government of Iraq covered by the freezing of funds and economic resources that were located outside Iraq on 22 May 2003 under that Regulation.

                     (2)

                     On 2 January 2020, the Sanctions Committee of the United Nations Security Council decided to remove fifteen entries from the list of persons or entities to whom the freezing of funds and economic resources should apply.

                     (3)

                     Annex III to Regulation (EC) No 1210/2003 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex III to Regulation (EC) No 1210/2003 is amended as set out in the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the 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, 16 January 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 169, 8.7.2003, p. 6.

            ANNEX
            In Annex III to Regulation (EC) No 1210/2003, the following entries are deleted:

                           ‘21.

                           BAGHDAD MUNICIPALITY. Address: Khulafa Street, Khulafa Square, Baghdad, Iraq.’

                           ‘24.

                           CHEMICAL, PETROCHEMICAL, MECHANICAL AND METALURICAL TRAINING CENTRE. Address: P.O. Box 274, Ashar, Basrah, Iraq.’

                           ‘31.

                           DIRECTORATE-GENERAL OF MINOR PROJECTS AND RURAL ELECTRIFICATION. Address: P.O. Box 788, Al-Karradah Al-Sharkiya, Arasat Al-Hindiya no. 81, Building No 137/327, Baghdad, Iraq.’

                           ‘32.

                           DIRECTORATE OF TRAINING CENTRE FOR IRON AND STEEL. Address: P.O. Box 421, Basrah Khor Al-Zubair, Basrah, Iraq.’

                           ‘77.

                           MECHANICAL TRAINING CENTRE/NASSIRIYA. Address: P.O. Box 65, Nassiriyah, Nassiriyah, Iraq.’

                           ‘144.

                           STATE ENTERPRISE FOR MECHANICAL INDUSTRIES. Addresses: (a) P.O. Box 5763, Iskandariya, Iraq; (b) P.O. Box 367, Iskandariyah-Babylon Governate, Iraq.’

                           ‘146.

                           STATE ENTERPRISE FOR PHOSPHATES. Addresses: (a) P.O. Box 5954, East Gate, Sadoon St., Baghdad, Iraq; (b) P.O. Box 5954, South Gate, Al-Kaim, Anbar, Baghdad, Iraq.’

                           ‘156.

                           STATE ESTABLISHMENT FOR AGRICULTURAL MARKETING. Address: Eastern Karrda, Baghdad, Iraq.’

                           ‘172.

                           STATE ORGANISATION FOR AGRICULTURAL MARKETING. Address: Karkh, Nisoor Square, Baghdad, Iraq.’

                           ‘173.

                           STATE ORGANISATION FOR AGRICULTURAL MECHANISATION AND AGRICULTURAL SUPPLIES (alias (a) STATE ORGANISATION FOR AGRICULTURAL MECHANISATION, (b) STATE ESTABLISHMENT FOR AGRICULTURAL MECHANISATION, (c) CENTRE FOR AGRICULTURAL MECHANISATION, (d) STATE ESTABLISHMENT FOR AGRICULTURAL SUPPLIES). Addresses: (a) P.O. Box 26028, Waziriya, opp Al Bakr University, Baghdad, Iraq; (b) P.O. Box 96101, Abu Nuvas St., Baghdad, Iraq; (c) P.O. Box 26061, Al Wazeria, Baghdad, Iraq; Swaira-Hafria, Wasst Muhafadha, Iraq; (d) P.O. Box 1045, Waziriyah, Baghdad, Iraq.’

                           ‘178.

                           STATE ORGANISATION FOR ELECTRICITY (alias (a) STATE ORGANISATION OF ELECTRICITY, SOUTHERN ELECTRICAL REGION; (b) STATE ORGANISATION OF ELECTRICITY / DEPARTMENT OF COMPUTING AND STATISTICS). Addresses: (a) Off Jumhuriya St/Building 166, Nafoora Square, P.O. Box 5796, Baghdad, Iraq; (b) P.O. Box 230, Basrah, Iraq; (c) P.O. Box 14171 Jumhuriya St., Maidan Building No. 9, Baghdad, Iraq.’

                           ‘181.

                           STATE ORGANISATION FOR FOOD INDUSTRIES. Address: P.O. Box 2301, Alwiya, Camp Sarah Khatoon, Baghdad, Iraq.’

                           ‘190.

                           STATE ORGANISATION OF HOUSING. Address: P.O. Box 5824, Jumhuriya Street, Baghdad, Iraq.’

                           ‘199.

                           STEEL AND TIMBER STATE ENTERPRISE (alias STATE TRADING ENTERPRISE FOR STEEL AND TIMBER). Address: Arasat Al Hindya St., Salman Daoud Al Haydar Building, P.O. Box 602, Baghdad, Iraq.’

                           ‘202.

                           VOCATIONAL TRAINING CENTRE FOR ENGINEERING AND METALLIC INDUSTRIES (alias VOCATIONAL TRAINING CENTRE FOR ENGINEERING). Address: Iskandariya-Babil, Iraq.’


title: Commission Implementing Regulation (EU) 2020/38 of 16 January 2020 establishing technical operational requirements for the recording, formatting and transmission of information pursuant to Regulation (EU) 2017/2403 of the European Parliament and of the Council on the sustainable management of external fishing fleets

text:
                  17.1.2020

                  EN

                  Official Journal of the European Union

                  L 13/15

         COMMISSION IMPLEMENTING REGULATION (EU) 2020/38
         of 16 January 2020
         establishing technical operational requirements for the recording, formatting and transmission of information pursuant to Regulation (EU) 2017/2403 of the European Parliament and of the Council on the sustainable management of external fishing fleets
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to the Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (1) (the ‘SMEFF Regulation’), and in particular Article 40(2) thereof,
         Whereas:

                     (1)

                     The ‘SMEFF Regulation’ provides for the adoption of implementing acts establishing technical operational requirements for the recording, formatting and transmission of the information referred to in Titles II, III and IV of that Regulation.

                     (2)

                     Article 40 of the SMEFF Regulation stipulates that the exchange of information referred to in Titles II, III and IV of that Regulation is to be carried out in an electronic format. It is appropriate to establish the requirements for the electronic completion and transmission of these data and to specify their format, as well as to set out the procedure for changes to the format.

                     (3)

                     Commission Implementing Regulation (EU) 2017/218 (2) requires the Member States to submit to the Commission information on ownership, on vessel and gear characteristics and on the activity of Union fishing vessels flying their flag. Information available in this database should be used in information exchanges on fishing authorisations as required by the SMEFF Regulation.

                     (4)

                     The information included in the Union fishing authorisations database, set up in accordance with Article 39 of the SMEFF Regulation, may contain personal data, including vessel identifiers and names and contact details of vessel owners. The processing of such personal data is necessary for the effective management of the data and information exchange as required by the SMEFF Regulation. It should be ensured at all times and at all levels that the obligations relating to the protection of personal data set out in Regulations (EU) 2018/1725 (3) and (EU) 2016/679 (4) of the European Parliament and of the Council are complied with. In order to ensure the sustainable management of the external fishing fleet and of fishing in EU waters by vessels flying the flag of a third country, it is necessary to store the data for a period of 10 years. In certain cases, data should be stored for a period exceeding 10 years.

                     (5)

                     Sufficient time should be given to Member States to adapt their national systems to the new data requirements laid down in this Regulation.

                     (6)

                     The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

               HAS ADOPTED THIS REGULATION:
         CHAPTER I

            GENERAL PROVISIONS

            Article 1
            Subject matter
            This Regulation establishes technical operational requirements for the recording, formatting and transmission of the information as referred to in Article 40(2) of the SMEFF Regulation.

            Article 2
            Definitions

               1.   For the purpose of this Regulation, the definitions set out in Article 3 of the SMEFF Regulation shall apply.

               2.   For the purpose of this Regulation, the following definition shall also apply:

                           (a)

                           ‘Union fishing fleet database’ means the register, kept by the Commission, containing information on all Union fishing vessels in accordance with Implementing Regulation (EU) 2017/218 and supplemented by additional vessel details required in the applications for fishing authorisations under the SMEFF Regulation.

                           (b)

                           ‘Union fishing authorisations database’ means the database set up in accordance with Article 39 of the SMEFF Regulation in order to ensure the exchange of information referred to in Titles II and III of that Regulation.

         CHAPTER II

            INFORMATION IN THE UNION FISHING AUTHORISATIONS DATABASE

            Article 3
            Applications for authorisation

               1.   When submitting applications for fishing authorisations in accordance with Article 39(3) of the SMEFF Regulation, Member States and third countries shall file one application per vessel, per agreement, per fishing category and per period.

               2.   The vessel information available in the Union fishing fleet database shall be used by the Union fishing authorisations database to ensure data exchanges on fishing authorisations as required by the SMEFF Regulation.

            Article 4
            Format of the information exchanged

               1.   The format of the information exchanged between Member States, third countries and the Commission in accordance with Articles 11, 18, 22 and 25 of the SMEFF Regulation shall be the Fishing License Authorization & Permit (FLAP) Domain XML Schema Definition based on the United Nations Fisheries Language for Universal Exchange (UN/FLUX) P1000-9 standard.

               2.   Data fields, core components and well-formatted Extensible Markup Language (XML) messages shall comply with the XML Schema Definition (XSD) based on the UN/FLUX standardisation libraries.

               3.   The XSD and codes on the Master Data Register page of the European Commission Fisheries website shall be used.

               4.   Member States shall use the FLAP implementation document available on the European Commission fisheries website to ensure that the correct messages are communicated and the correct procedures are followed for the Union fishing authorisations database.

            Article 5
            Transmission of messages

               1.   The transmission of messages shall be fully automated and immediate, using the transportation layer for fisheries data exchanges as made available by the Commission.

               2.   The sender shall be responsible for communicating the messages in line with the agreed validation and verification rules set out in the FLAP implementation document.

               3.   The receiver of the message shall inform the sender of the reception and of the validation and verification results of the message by transmitting a response message.

            Article 6
            Changes to XML formats and implementation documents

               1.   Amendments to the UN/FLUX FLAP domain XML format and the FLAP implementation document shall be decided by the Commission services in concert with Member States.

               2.   The amendments referred to in paragraph 1 shall not come into effect earlier than 6 months and no later than 18 months after they have been decided. The timing shall be decided by the Commission services in concert with Member States.

            Article 7
            Personal data
            Personal data contained in the Union fishing authorisations database shall not be stored for a period longer than 10 years, except if the personal data is necessary to allow the follow up of an infringement, an inspection, or judicial or administrative procedures. In these cases, the personal data may be stored for 20 years. If personal data is retained for a longer period, the data shall be anonymised.

         CHAPTER III

            FINAL PROVISIONS

            Article 8
            Entry into force
            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 1 December 2020.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 16 January 2020.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 347, 28.12.2017, p. 81.

            (2)  Commission Implementing Regulation (EU) 2017/218 of 6 February 2017 on the Union fishing fleet register (OJ L 34, 9.2.2017, p. 9).

            (3)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

            (4)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).