title: Commission Implementing Regulation (EU) 2018/922 of 28 June 2018 derogating from Council Regulation (EC) No 1967/2006 as regards the minimum distance from the coast and the minimum sea depth for boat seines fishing for sand eel (Gymnammodytes cicerelus and G. semisquamatus) and gobies (Aphia minuta and Crystalogobius linearis) in certain territorial waters of Spain (Catalonia)

text:
               29.6.2018

               EN

               Official Journal of the European Union

               L 164/39

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/922
   of 28 June 2018
   derogating from Council Regulation (EC) No 1967/2006 as regards the minimum distance from the coast and the minimum sea depth for boat seines fishing for sand eel (Gymnammodytes cicerelus and G. semisquamatus) and gobies (Aphia minuta and Crystalogobius linearis) in certain territorial waters of Spain (Catalonia)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (1), and in particular Article 13(5) thereof,
   Whereas:

               (1)

               Article 13(1) of Regulation (EC) No 1967/2006 prohibits the use of towed gears within 3 nautical miles of the coast or within the 50 m isobath where that depth is reached at a shorter distance from the coast.

               (2)

               At the request of a Member State, the Commission may allow a derogation from Article 13(1) of Regulation (EC) No 1967/2006, provided that a number of conditions set out in Article 13(5) and (9) are fulfilled.

               (3)

               A derogation from the first subparagraph of Article 13(1) of that Regulation was granted until 8 May 2017 by Commission Implementing Regulation (EU) No 464/2014 (2).

               (4)

               On 6 November 2017, the Commission received from Spain a request for derogation from Article 13(1) of that Regulation.

               (5)

               Spain provided up-to-date scientific and technical information justifying the derogation.

               (6)

               The Scientific, Technical and Economic Committee for Fisheries (‘STECF’) assessed the derogation requested by Spain together with the implementation report of the related management plan in January 2018 (3).

               (7)

               STECF noted that the management plan is guided by the principles of good governance, including decision-making based on the best available scientific evidence, the maximum possible involvement of stakeholders and a long-term perspective. Moreover, STECF noted that Spain proposed new studies for finding ways for the reduction of discards and fixed strong limitations in the fishing effort, notably in the periods of reduced availability of the resources.

               (8)

               The derogation requested by Spain complies with the conditions laid down in Article 13(5) and (9) of Regulation (EC) No 1967/2006.

               (9)

               There are specific geographical constraints, given the limited size of the continental shelf and the spatial distribution of the target species which limit the fishing grounds.

               (10)

               The fishery has no significant impact on marine environment and is very selective, since the seines are hauled in the water column and do not touch the seabed because collection of material from the seabed would damage the target species and make the selection of the fished species virtually impossible due to their very small size.

               (11)

               The derogation requested by Spain affects a limited number of 26 vessels.

               (12)

               The fishery cannot be undertaken with other gears since there is no other regulated gear, which, due to its structure, technical characteristics and the type of mesh used, can capture the target species.

               (13)

               The management plan guarantees no future increase in the fishing effort, as fishing authorisations are issued only to the specified 26 vessels and a maximum ceiling of effort is defined.

               (14)

               The request covers vessels registered in the maritime census managed by the Autonomous Community of Catalonia which have a track record in the fishery of more than five years and which operate under a management plan adopted by Spain on 27 March 2014 (4) and prolonged on 26 April 2018 (5) until 31 December 2021.

               (15)

               Those vessels are included on a list communicated to the Commission in accordance with the requirements of Article 13(9) of Regulation (EC) No 1967/2006.

               (16)

               The fishing activities concerned fulfil the requirements of Article 4 of Regulation (EC) No 1967/2006 since the related management plan explicitly prohibits to fish above protected habitats.

               (17)

               The requirements of Article 8(1)(h) of Regulation (EC) No 1967/2006 are not applicable since they relate to trawlers.

               (18)

               As regards the requirement to comply with Article 9(3) establishing the minimum mesh size, the Commission notes that given the fishing activities concerned are highly selective, have a negligible effect on the marine environment and are not carried out above protected habitats, in line with Article 9(7) of Regulation (EC) No 1967/2006 Spain authorised a derogation from these provisions in its management plan.

               (19)

               The fishing activities concerned fulfil the recording requirements set out in Article 14 of Council Regulation (EC) No 1224/2009 (6).

               (20)

               The fishing activities concerned do not interfere with the activities of vessels using gears other than trawls, seines or similar towed nets.

               (21)

               The activity of boat seines is regulated in the Spanish management plan to ensure that catches of species mentioned in Annex III to Regulation (EC) No 1967/2006 are minimal.

               (22)

               Boat seines do not target cephalopods.

               (23)

               The Spanish management plan includes measures for the monitoring of fishing activities, as provided for in the third subparagraph of Article 13(9) of Regulation (EC) No 1967/2006.

               (24)

               The requested extension of derogation should therefore be granted.

               (25)

               Spain should report to the Commission in due time and in accordance with the monitoring plan provided for in the Spanish management plan.

               (26)

               The duration of the derogation should be limited in order to allow prompt corrective management measures in case the report to the Commission shows a poor conservation status of the exploited stock, while providing scope to improve the scientific basis for an improved management plan.

               (27)

               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
   Derogation
   Article 13(1) of Regulation (EC) No 1967/2006 shall not apply in territorial waters of Spain adjacent to the coast of the Catalan region to fishing for sand eel (Gymnammodytes cicerelus and G. semisquamatus) and gobies (Aphia minuta and Crystalogobius linearis) by boat seines which are used by vessels:

               (a)

               registered in the maritime census managed by the Autonomous Community of Catalonia;

               (b)

               having a track record in the fishery of more than five years; and

               (c)

               holding a fishing authorisation and operating under the management plan adopted by Spain in accordance with Article 19(2) of Regulation (EC) No 1967/2006.

         Article 2
   Reporting
   Spain shall communicate to the Commission, within three years following the entry into force of this Regulation, a report drawn up in accordance with the monitoring plan established in the management plan referred to in Article 1(c).
   Article 3
   Entry into force and period of application
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   It shall apply until 2 July 2021.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 28 June 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 409, 30.12.2006, p. 11.

      (2)  Commission Implementing Regulation (EU) No 464/2014 of 6 May 2014 derogating from Council Regulation (EC) No 1967/2006 as regards the minimum distance from the coast and the minimum sea depth for boat seines fishing for sand eel (Gymnammodytes cicerelus and G. semisquamatus) and gobies (Aphia minuta and Crystalogobius linearis) in certain territorial waters of Spain (Catalonia) (OJ L 134, 7.5.2014, p. 37).

      (3)  STECF report (STECF-18-01): https://stecf.jrc.ec.europa.eu/reports/management-plans

      (4)  Diari Oficial de la Generalitat de Catalunya, No 6591 of 27.3.2014, page 1.

      (5)  Orden APM/445/2018, de 26 de abril, por la que se prorroga la vigencia del Plan de gestión de la sonsera en el litoral catalán aprobado por la Orden AAM/87/2014, de 20 de marzo. Boletin Oficial del Estado, Num. 107, sec. III, pagina 47609, 3.5.2018.

      (6)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community 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 (OJ L 343, 22.12.2009, p. 1).


title: Commission Implementing Regulation (EU) 2018/1033 of 20 July 2018 amending for the 288th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations

text:
               23.7.2018

               EN

               Official Journal of the European Union

               L 185/14

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1033
   of 20 July 2018
   amending for the 288th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (1), and in particular Article 7(1)(a) and Article 7a(5) thereof,
   Whereas:

               (1)

               Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

               (2)

               On 17 July 2018, the Sanctions Committee of the United Nations Security Council decided to amend two entries in the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 881/2002 is amended in accordance with 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, 20 July 2018.

            For the Commission,

            On behalf of the President,

            Head of the Service for Foreign Policy Instruments

      (1)  OJ L 139, 29.5.2002, p. 9.

      ANNEX
      Annex I to Regulation (EC) No 881/2002 is amended as follows:

                  1.

                  The identifying data for the following entry under the heading ‘Natural persons’ are amended as follows:
                  ‘Ayyub Bashir (alias (a) Alhaj Qari Ayub Bashar, (b) Qari Muhammad Ayub). Title: (a) Qari, (b) Alhaj. Date of birth: (a) 1966, (b) 1964, (c) 1969, (d) 1971. Nationality: (a) Uzbek, (b) Afghan. Address: Mir Ali, North Waziristan Agency, Federal Administered, Tribal Areas, Pakistan. Date of designation referred to in Article 2a (4) (b): 18.10.2012.’
                  is replaced by the following:
                  ‘Ayyub Bashir (alias (a) Alhaj Qari Ayub Bashar, (b) Qari Muhammad Ayub). Title: (a) Qari, (b) Alhaj. Date of birth: (a) 1966, (b) 1964, (c) 1969, (d) 1971. Nationality: (a) Uzbek, (b) Afghan. Address: Mir Ali, North Waziristan Agency, Federal Administered, Tribal Areas, Pakistan. Other information: reportedly deceased in an airstrike in Chordar, Kunduz Province of Afghanistan in Dec. 2015. Date of designation referred to in Article 2a (4) (b): 18.10.2012.’

                  2.

                  The identifying data for the following entry under the heading ‘Legal persons, groups and entities’ are amended as follows:
                  ‘Jemmah Anshorut Tauhid (JAT) (alias (a) Jemaah Anshorut Tauhid, (b) Jemmah Ansharut Tauhid, (c) Jem'mah Ansharut Tauhid, (d) Jamaah Ansharut Tauhid, (e) Jama'ah Ansharut Tauhid, (f) Laskar 99). Address: Jl. Semenromo number 58, 04/XV Ngruki, Cemani, Grogol, Sukoharjo, Jawa Tengah, Indonesia, Telephone: 0271-2167285, Email: info@ansharuttauhid.com. Other information: (a) Founded and led by Abu Bakar Ba'asyir; (b) Established on 27 Jul. 2008 in Solo, Indonesia; (c) Associated with Jemmah Islamiya (JI); (d) Website: http:/ansharuttauhid.com/. Date of designation referred to in Article 2a(4)(b): 12.3.2012.’
                  is replaced by the following:
                  ‘Jemmah Anshorut Tauhid (JAT) (alias (a) Jemaah Anshorut Tauhid, (b) Jemmah Ansharut Tauhid, (c) Jem'mah Ansharut Tauhid, (d) Jamaah Ansharut Tauhid, (e) Jama'ah Ansharut Tauhid, (f) Laskar 99). Address: Jl. Semenromo number 58, 04/XV Ngruki, Cemani, Grogol, Sukoharjo, Jawa Tengah, Indonesia, Telephone: 0271-2167285, Email: info@ansharuttauhid.com. Other information: (a) A group affiliated with the Islamic State in Iraq and the Levant (ISIL), listed as Al-Qaida in Iraq, that has perpetrated attacks in Indonesia. (b) Founded and led by Abu Bakar Ba'asyir; (c) Established on 27 Jul. 2008 in Solo, Indonesia; (d) Had been associated with Jemmah Islamiya (JI); (e) Website: http:/ansharuttauhid.com/. Date of designation referred to in Article 2a(4)(b): 12.3.2012.’


title: Commission Implementing Regulation (EU) 2018/1495 of 8 October 2018 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance malathion (Text with EEA relevance.)

text:
                  9.10.2018

                  EN

                  Official Journal of the European Union

                  L 253/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1495
         of 8 October 2018
         amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance malathion
         (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 the second alternative of Article 21(3) and Article 78(2) thereof,
         Whereas:

                     (1)

                     The active substance malathion was included in Annex I to Council Directive 91/414/EEC (2) concerning the placing of plant protection products on the market by Commission Directive 2010/17/EU (3) under the condition that the Member States concerned ensure that the applicant at whose request malathion was approved provides inter alia further confirmatory information on the acute and long-term risk to insectivorous birds.

                     (2)

                     Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (4).

                     (3)

                     On 25 April 2012 the applicant submitted additional information to address the confirmatory data requirements as regards the consumer risk assessment and the acute and long-term risk assessment for insectivorous birds and the quantification of the different potency of malaoxon and malathion to the rapporteur Member State, the United Kingdom, within the time period provided for its submission.

                     (4)

                     The United Kingdom assessed the additional information submitted by the applicant and submitted its assessment, in the form of an addendum to the draft assessment report, to the other Member States, the Commission and the European Food Safety Authority (‘the Authority’), on 11 May 2015.

                     (5)

                     The other Member States, the applicant and the Authority were consulted and asked to provide comments on the assessment of the rapporteur Member State. The Authority published a technical report summarising the outcome of this consultation for malathion on 2 February 2016 (5).

                     (6)

                     The draft assessment report, the addendum and the technical report of the Authority were reviewed by the Member States and the Commission within the Standing Committee on Plants, Animals, Food and Feed and finalised in January 2018 in the format of a Commission review report for malathion.

                     (7)

                     The Commission invited the applicant to submit its comments on the review report for malathion. The applicant submitted its comments which have been carefully examined.

                     (8)

                     However, the information submitted by the applicant is insufficient and prevents the Commission from concluding that the level of acute and long-term risks to birds arising from the use of malathion is acceptable. Furthermore, mitigating such risk with risk mitigation measures other than the applications in greenhouse cannot realistically be implemented.

                     (9)

                     Therefore, taking into account the identified high risk for birds, it is appropriate to further restrict the conditions of use of malathion, and in particular to only allow for applications in greenhouses with a permanent structure. The Annex to Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

                     (10)

                     Member States should be allowed sufficient time to amend or withdraw authorisations for plant protection products containing malathion.

                     (11)

                     For plant protection products containing malathion, where Member States grant any grace period in accordance with Article 46 of Regulation (EC) No 1107/2009, that period should, at the latest, expire on 29 January 2020.

                     (12)

                     The Standing Committee on Plants, Animals, Food and Feed has not delivered an opinion within the time limit laid down by its Chairman. An implementing act was deemed to be necessary and the chair submitted the draft implementing act to the appeal committee for further deliberation. The appeal committee did not deliver an opinion,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Amendment to Implementing Regulation (EU) No 540/2011
            The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.

            Article 2
            Transitional measures
            Member States shall, in accordance with Regulation (EC) No 1107/2009, where necessary amend or withdraw existing authorisations for plant protection products containing malathion as active substance by 29 April 2019 at the latest.

            Article 3
            Grace period
            Any grace period granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall be as short as possible and shall expire by 29 January 2020 at the latest.

            Article 4
            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, 8 October 2018.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

            (3)  Commission Directive 2010/17/EU of 9 March 2010 amending Council Directive 91/414/EEC to include malathion as active substance (OJ L 60, 10.3.2010, p. 17).

            (4)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

            (5)  EFSA, Technical report on the outcome of the consultation with Member States, the applicant and EFSA on the pesticide risk assessment of confirmatory data for malathion. EFSA Supporting publication 2016:EN-951. 61 pp.

            ANNEX
            The column ‘Specific provisions’ of row 300, malathion, of Part A of the Annex to Implementing Regulation (EU) No 540/2011 is replaced by the following:

               ‘PART A
               Only uses as an insecticide in greenhouses with a permanent structure may be authorised. Authorisations shall be limited to professional users.
               PART B
               For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on malathion, and in particular Appendices I and II thereof, as finalised in the Standing Committee on Plants, Animals, Food and Feed shall be taken into account.
               In this overall assessment, Member States must pay particular attention to:

                           (a)

                           releases from greenhouses, such as condensation water, drain water, soil or artificial substrate, in order to preclude risks to aquatic organisms;

                           (b)

                           the protection of pollinator colonies purposely placed in the greenhouse;

                           (c)

                           the protection of operators and workers, so as to ensure that the conditions of use prescribe the use of adequate personal protective equipment, where appropriate;

                           (d)

                           the protection of consumers in the case of processed commodities.

                     Member States shall ensure that malathion-based formulations are accompanied by the necessary instructions to avoid any risk of formation of isomalathion in excess of the permitted maximum quantities during storage and transport.
               Conditions of authorisation shall include risk mitigation measures and provide for adequate labelling of plant protection products.’