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Document L:2023:241:FULL

Official Journal of the European Union, L 241, 29 September 2023


Display all documents published in this Official Journal
 

ISSN 1977-0677

Official Journal

of the European Union

L 241

European flag  

English edition

Legislation

Volume 66
29 September 2023


Contents

 

II   Non-legislative acts

page

 

 

INTERNATIONAL AGREEMENTS

 

*

Council Decision (EU) 2023/2079 of 18 September 2023 on the conclusion, on behalf of the Union, of the Agreement between the European Union and Japan on certain provisions of agreements between Member States of the European Union and Japan for air services

1

 

*

Agreement between the European Union and Japan on certain provisions of agreements between Member States of the European Union and Japan for air services

2

 

 

REGULATIONS

 

*

Council Regulation (EU) 2023/2080 of 28 September 2023 amending Regulation (EU) 2023/194 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks

13

 

*

Council Implementing Regulation (EU) 2023/2081 of 28 September 2023 implementing Regulation (EU) 2023/1214 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

16

 

*

Commission Regulation (EU) 2023/2082 of 26 September 2023 establishing a fisheries closure for bluefin tuna in the Atlantic Ocean, east of 45° W, and Mediterranean for vessels flying the flag of Portugal

18

 

*

Commission Implementing Regulation (EU) 2023/2083 of 26 September 2023 laying down implementing technical standards for the application of Article 16(1) of Directive (EU) 2021/2167of the European Parliament and of the Council with regard to the templates to be used by credit institutions for the provision to buyers of information on their credit exposures in the banking book ( 1 )

21

 

*

Commission Implementing Regulation (EU) 2023/2084 of 27 September 2023 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada, the United Kingdom and the United States in the lists of third countries authorised for the entry into the Union of consignments of poultry, germinal products of poultry and fresh meat of poultry and game birds ( 1 )

64

 

*

Commission Implementing Regulation (EU) 2023/2085 of 27 September 2023 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

70

 

*

Commission Regulation (EU) 2023/2086 of 28 September 2023 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards the use of buffered vinegar as a preservative and acidity regulator ( 1 )

73

 

*

Commission Implementing Regulation (EU) 2023/2087 of 28 September 2023 granting a Union authorisation for the biocidal product family Lysoform IPA Surface in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( 1 )

78

 

*

Commission Implementing Regulation (EU) 2023/2088 of 28 September 2023 approving reaction mass of N,N-didecyl-N-(2-hydroxyethyl)-N-methylammonium propionate and N,N-didecyl-N-(2-(2-hydroxyethoxy)ethyl)-N-methylammonium propionate and N,N-didecyl-N-(2-(2-(2-hydroxyethoxy)ethoxy)ethyl)-N-methylammonium propionate as an active substance for use in biocidal products of product-type 8 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( 1 )

99

 

*

Commission Implementing Regulation (EU) 2023/2089 of 28 September 2023 approving reaction mass of N,N-didecyl-N-(2-hydroxyethyl)-N-methylammonium propionate and N,N-didecyl-N-(2-(2-hydroxyethoxy)ethyl)-N-methylammonium propionate and N,N-didecyl-N-(2-(2-(2-hydroxyethoxy)ethoxy)ethyl)-N-methylammonium propionate as an active substance for use in biocidal products of product-types 2 and 4 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( 1 )

102

 

*

Commission Implementing Regulation (EU) 2023/2090 of 28 September 2023 laying down rules for the application of Regulation (EU) 2023/1231 of the European Parliament and of the Council as regards the content and the model form of the plant health label for plants for planting other than seed potatoes, and for machinery and vehicles which have been operated for agricultural or forestry purposes, entering into Northern Ireland from other parts of the United Kingdom, for placing on the market ( 1 )

106

 

*

Commission Implementing Regulation (EU) 2023/2091 of 28 September 2023 laying down rules for the application of Regulation (EU) 2023/1231 of the European Parliament and of the Council as regards the requirements for the entry into Northern Ireland from other parts of the United Kingdom of consignments of tubers of Solanum tuberosum L. for planting (seed potatoes), their use in Northern Ireland, and the model form of the plant health label for seed potatoes ( 1 )

111

 

*

Commission Implementing Regulation (EU) 2023/2092 of 28 September 2023 on fixing the representative prices, import duties and additional import duties applicable to molasses in the sugar sector from 1 October 2023

116

 

 

DECISIONS

 

*

Council Decision (EU) 2023/2093 of 25 September 2023 appointing a member, proposed by the Federal Republic of Germany, of the Committee of the Regions

119

 

*

Council Implementing Decision (EU) 2023/2094 of 25 September 2023 amending Implementing Decision (EU) 2018/485 as regards an extension of the authorisation for Denmark to apply a special measure derogating from Article 75 of Directive 2006/112/EC on the common system of value added tax

121

 

*

Council Decision (CFSP) 2023/2095 of 28 September 2023 amending Decision (CFSP) 2020/1465 on a European Union action in support of the United Nations Verification and Inspection Mechanism in Yemen (UNVIM)

123

 

*

Council Decision (EU) 2023/2096 of 28 September 2023 on the position to be taken on behalf of the European Union within the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part as regards the modification of Annex XXVIII-B (Rules applicable to telecommunication services) and Annex XXVIII-C (Rules applicable to postal and courier services) to that Agreement

125

 

*

Council Decision (CFSP) 2023/2097 of 28 September 2023 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

141

 

*

Council Decision (EU) 2023/2098 of 28 September 2023 appointing a European Prosecutor of the European Public Prosecutor’s Office

142

 

*

Commission Decision (EU) 2023/2099 of 28 September 2023 confirming the participation of Ireland in Regulation (EU) 2022/850 of the European Parliament and of the Council on a computerised system for the cross-border electronic exchange of data in the area of judicial cooperation in civil and criminal matters (e-CODEX system) ( 1 )

144

 

*

Commission Implementing Decision (EU) 2023/2100 of 28 September 2023 postponing the expiry date of the approval of copper (II) oxide for use in biocidal products of product-type 8 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( 1 )

145

 

*

Commission Implementing Decision (EU) 2023/2101 of 28 September 2023 postponing the expiry date of the approval of sulfuryl fluoride for use in biocidal products of product-types 8 and 18 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council ( 1 )

147

 


 

(1)   Text with EEA relevance.

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

INTERNATIONAL AGREEMENTS

29.9.2023   

EN

Official Journal of the European Union

L 241/1


COUNCIL DECISION (EU) 2023/2079

of 18 September 2023

on the conclusion, on behalf of the Union, of the Agreement between the European Union and Japan on certain provisions of agreements between Member States of the European Union and Japan for air services

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(6), point (a), thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament (1),

Whereas:

(1)

In accordance with Council Decision (EU) 2023/362 (2), the Agreement between the European Union and Japan on certain provisions of agreements between Member States of the European Union and Japan for air services (‘the Agreement’) was signed on 20 February 2023, subject to its conclusion at a later date.

(2)

The objective of the Agreement is to bring bilateral air services agreements between 13 Member States and Japan in line with Union law.

(3)

The Agreement should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement between the European Union and Japan on certain provisions of agreements between Member States of the European Union and Japan for air services is hereby approved on behalf of the Union (3).

Article 2

The President of the Council shall, on behalf of the Union, give the notification provided for in Article 6(1) of the Agreement (4).

Article 3

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 18 September 2023.

For the Council

The President

L. PLANAS PUCHADES


(1)  Consent of 11 July 2023 (not yet published in the Official Journal).

(2)  Council Decision (EU) 2023/362 of 14 February 2023 on the signing, on behalf of the Union, of the Agreement between the European Union and Japan on certain provisions of agreements between Member States of the European Union and Japan for air services (OJ L 50, 17.2.2023, p. 1).

(3)  See page 2 of this Official Journal.

(4)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


29.9.2023   

EN

Official Journal of the European Union

L 241/2


AGREEMENT between the European Union and Japan on certain provisions of agreements between Member States of the European Union and Japan for air services

THE EUROPEAN UNION and JAPAN,

NOTING that, under the law of the European Union, air carriers, which have a valid operating licence issued by a Member State of the European Union and are established in a Member State of the European Union, have the right of non-discriminatory access to routes between Member States of the European Union and third countries;

HAVING REGARD to the agreements between the European Union and certain third countries providing for the possibility for such third countries and their nationals to acquire ownership and control of air carriers licensed in accordance with the law of the European Union;

RECOGNISING that consistency between the law of the European Union and certain provisions of agreements between Member States of the European Union and Japan for air services will provide a sound legal basis for air services between the European Union and Japan, preserve the continuity of such air services, and contribute to the further development of the relationship between the European Union and Japan in the field of air transport; and

NOTING that it is not a purpose of this Agreement to affect the interpretation of the provisions of existing agreements between Member States of the European Union and Japan for air services concerning traffic rights,

HAVE AGREED AS FOLLOWS:

Article 1

For the purposes of this Agreement:

(a)

"Contracting Party" means a contracting party to this Agreement;

(b)

"Member State" means a Member State of the European Union; and

(c)

"party" means a contracting party to the relevant agreement between a Member State and Japan for air services listed in Annex I.

Article 2

1.   The provisions in paragraph 2 of this Article shall apply in place of the corresponding provisions listed in Annex II-A.

2.

(a)

Each party reserves the right to withhold or revoke the privileges, the rights or the authorisation specified in the corresponding provisions listed in Annex II-B in respect of an airline designated by the other party, or to impose such conditions as it may deem necessary on the exercise by the airline of the privileges or the rights, or on the authorisation, in any case where one of the following conditions is satisfied:

(i)

in the case of an airline designated by the party which is a Member State:

(A)

the airline is not established in the territory of that party or does not have a valid operating licence issued by a Member State in accordance with the law of the European Union;

(B)

effective regulatory control of the airline is not exercised or not maintained by the Member State responsible for issuing its air operator's certificate, or the relevant aeronautical authority is not clearly identified in the designation;

(C)

majority ownership and effective control of the airline are not vested in Member States or States listed in Annex III, or in nationals of such States;

(D)

the airline does not have its principal place of business in the territory of the Member State from which it has received its operating licence;

(E)

the airline has been given operating permission under an agreement between another Member State and Japan for air services, and Japan can demonstrate that it would be circumventing restrictions on routes and capacity under that agreement by operating agreed services under the agreement between that party and Japan on a route which includes a point in that other Member State; or

(F)

the airline holds an air operator's certificate issued by a Member State and there is no agreement between that Member State and Japan for air services and that Member State has not consented to the operation of international air services by an airline of Japan between that Member State and Japan; and

(ii)

in the case of an airline designated by Japan, substantial ownership and effective control of the airline are not vested in Japan or in nationals of Japan.

(b)

In exercising its right under this paragraph, and without prejudice to its rights under subparagraphs (a)(i)(E) and (F) of this paragraph, Japan shall not discriminate between airlines designated by the party which is a Member State, of which majority ownership and effective control are vested in Member States or States listed in Annex III, or in nationals of such States, on the basis of their ownership and control.

Article 3

1.   References in each of the agreements listed in Annex I to airlines of the Member State which is a party to that agreement shall be understood as referring to airlines designated by that Member State.

2.   In addition to paragraph 1 of this Article, references in each of the provisions listed in Annex IV of the relevant agreement listed in Annex I to airlines of the Member State which is a party to that agreement shall be understood as referring also to airlines of that Member State which are not designated by that Member State.

Article 4

The Annexes to this Agreement shall form an integral part of this Agreement.

Article 5

1.   Either Contracting Party may at any time request consultations with the other Contracting Party for the purpose of amending this Agreement. Such consultations shall begin within a period of sixty days from the date of receipt of such request.

2.   This Agreement may be amended by agreement between the Contracting Parties and amendments shall enter into force in the manner as described in Article 6 of this Agreement.

3.   Notwithstanding paragraph 2 of this Article, amendments related only to the Annexes may be made by means of an exchange of diplomatic notes between the European Union and the Government of Japan, in conformity with their applicable domestic procedures.

Article 6

1.   Each Contracting Party shall send through diplomatic channels to the other Contracting Party the notification confirming that its internal procedures necessary for the entry into force of this Agreement have been completed.

2.   This Agreement shall enter into force on the first day of the next month following the date of receipt of the latter notification.

3.   The notification to the European Union in accordance with this Article shall be delivered to the Secretary-General of the Council of the European Union.

Article 7

1.   In the event that an agreement listed in Annex I is terminated, the provisions of this Agreement shall cease to apply to that agreement as from the date of termination. References in this Agreement to the terminated agreement shall be deemed null and void as from that date.

2.   In the event that all agreements listed in Annex I are terminated, this Agreement shall terminate on the date of the termination of the last agreement.

Article 8

1.   This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Japanese languages, all texts being equally authentic.

2.   In case of any divergence of interpretation, the text of the language in which this Agreement was negotiated shall prevail.

IN WITNESS WHEREOF, the undersigned, duly authorised to this effect, have signed this Agreement.

Image 1

Image 2

Image 3


ANNEX I

List of agreements referred to in Articles 1, 3 and 7 of this Agreement

Agreements between Member States and Japan for air services, as may have been amended, which are in force at the date of the signature of this Agreement, are as follows:

Agreement between the Republic of Austria and Japan for Air Services, done at Vienna on 7 March 1989 ("Austria-Japan Agreement");

Agreement between Belgium and Japan for Air Services, done at Tokyo on 20 June 1959 ("Belgium-Japan Agreement");

Agreement between Denmark and Japan for Air Services, done at Copenhagen on 26 February 1953 ("Denmark-Japan Agreement");

Agreement between the Republic of Finland and Japan for Air Services, done at Helsinki on 23 December 1980 ("Finland-Japan Agreement");

Agreement between France and Japan for Air Services, done at Paris on 17 January 1956 ("France-Japan Agreement");

Agreement between the Federal Republic of Germany and Japan for Air Services, done at Bonn on 18 January 1961 ("Germany-Japan Agreement");

Agreement between the Kingdom of Greece and Japan for Air Services, done at Athens on 12 January 1973 ("Greece-Japan Agreement");

Agreement between the Government of the Republic of Hungary and the Government of Japan for Air Services, done at Budapest on 23 February 1994 ("Hungary-Japan Agreement");

Agreement between Italy and Japan for Air Services, done at Tokyo on 31 January 1962 ("Italy-Japan Agreement");

Agreement between the Kingdom of the Netherlands and Japan for Air Services, done at The Hague on 17 February 1953 ("Netherlands-Japan Agreement");

Agreement between the Government of the Republic of Poland and the Government of Japan for Air Services, done at Tokyo on 7 December 1994 ("Poland-Japan Agreement");

Agreement between Spain and Japan for Air Services, done at Madrid on 18 March 1980 ("Spain-Japan Agreement"); and

Agreement between Sweden and Japan for Air Services, done at Stockholm on 20 February 1953 ("Sweden-Japan Agreement").


ANNEX II-A

List of provisions referred to in Article 2(1) of this Agreement

Article 7(1) of the Austria-Japan Agreement;

Article 6(1) of the Belgium-Japan Agreement;

Article 7(1) of the Denmark-Japan Agreement;

Article 7(1) of the Finland-Japan Agreement;

Article 6(1) of the France-Japan Agreement;

Article 3(4) and second sentence of Article 4 of the Germany-Japan Agreement;

Article 7(1) of the Greece-Japan Agreement;

Article 7(1) of the Hungary-Japan Agreement;

Article 6(1) of the Italy-Japan Agreement;

Article 7(1) of the Netherlands-Japan Agreement;

Article 7(1) of the Poland-Japan Agreement;

Article 9(1) of the Spain-Japan Agreement;

Article 7(1) of the Sweden-Japan Agreement.


ANNEX II-B

List of provisions referred to in Article 2(2) of this Agreement

Article 4(1) and (2) of the Austria-Japan Agreement;

Article 4(1) of the Belgium-Japan Agreement;

Article 5(1) of the Denmark-Japan Agreement;

Article 4(1) and (2) of the Finland-Japan Agreement;

Article 4(1) of the France-Japan Agreement;

Article 3(2) of the Germany-Japan Agreement;

Article 4(1) of the Greece-Japan Agreement;

Article 4(1) and (2) of the Hungary-Japan Agreement;

Article 4(1) of the Italy-Japan Agreement;

Article 5(1) of the Netherlands-Japan Agreement;

Article 4(1) and (2) of the Poland-Japan Agreement;

Article 4(1) of the Spain-Japan Agreement;

Article 5(1) of the Sweden-Japan Agreement.


ANNEX III

List of States referred to in Article 2(2) of this Agreement

Iceland (under the Agreement on the European Economic Area);

the Principality of Liechtenstein (under the Agreement on the European Economic Area);

the Kingdom of Norway (under the Agreement on the European Economic Area);

the Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


ANNEX IV

List of provisions referred to in Article 3(2) of this Agreement

Article 4(1), Article 5, and Article 13(3) and (4) of the Austria-Japan Agreement;

Article 5(1) and (2) of the Belgium-Japan Agreement;

Article 6(1) and (2), and Article 8 of the Denmark-Japan Agreement;

Article 4(1) and Article 5 of the Finland-Japan Agreement;

Article 5(1) and (2), and Article 7 of the France-Japan Agreement;

Articles 5 and 6 of the Germany-Japan Agreement;

Article 4(1), Article 5, and Article 13(3) and (4) of the Hungary-Japan Agreement;

Article 6(1) and (2), and Article 8 of the Netherlands-Japan Agreement;

Article 4(1), Article 5, and Article 13(3) and (4) of the Poland-Japan Agreement;

Article 6(1) and (2), and Article 8 of the Sweden-Japan Agreement.


REGULATIONS

29.9.2023   

EN

Official Journal of the European Union

L 241/13


COUNCIL REGULATION (EU) 2023/2080

of 28 September 2023

amending Regulation (EU) 2023/194 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

Council Regulation (EU) 2023/194 (1) fixes for 2023 the fishing opportunities for certain fish stocks applicable in Union waters and, for Union fishing vessels, in certain non-Union waters.

(2)

Regulation (EU) 2023/194 sets a provisional total allowable catch (TAC) for anchovy in International Council for the Exploration of the Sea (ICES) subareas 9 and 10 and Union waters of Committee for Eastern Central Atlantic Fisheries (CECAF) division 34.1.1 for the period from 1 July to 30 September 2023, pending the publication by ICES of its scientific advice for the period from 1 July 2023 to 30 June 2024, and allows fishing for that stock to continue. Following the publication of that ICES advice on 21 June 2023, the definitive TAC for the period from 1 July 2023 to 30 June 2024 should be set at the level of 20 555 tonnes, in accordance with that advice.

(3)

Regulation (EU) 2023/194 should therefore be amended accordingly.

(4)

Given the urgency of avoiding any interruption of fishing activities, this Regulation should enter into force on the date of its publication in the Official Journal of the European Union.

(5)

The TAC for anchovy in ICES subareas 9 and 10 and Union waters of CECAF division 34.1.1 should apply from 1 July 2023. Such retroactive application does not affect the principles of legal certainty and protection of legitimate expectations, as the fishing opportunities concerned are increased by the amendment,

HAS ADOPTED THIS REGULATION:

Article 1

Amendment of Regulation (EU) 2023/194

Annex IA to Regulation (EU) 2023/194 is amended in accordance with the Annex to this Regulation.

Article 2

Entry into force and application

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 July 2023.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 September 2023.

For the Council

The President

F. GRANDE-MARLASKA GÓMEZ


(1)  Council Regulation (EU) 2023/194 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks (OJ L 28, 31.1.2023, p. 1).


ANNEX

In Part A of Annex IA to Regulation (EU) 2023/194, the second table is replaced by the following:

‘Species:

Anchovy

Engraulis encrasicolus

Zone:

9 and 10; Union waters of CECAF 34.1.1

(ANE/9/3411)

Spain

 

9 831

(1)

Analytical TAC

Portugal

 

10 724

(1)

Union

 

20 555

(1)

 

 

 

 

TAC

 

20 555

(1)

(1)

This quota may only be fished from 1 July 2023 to 30 June 2024.’


29.9.2023   

EN

Official Journal of the European Union

L 241/16


COUNCIL IMPLEMENTING REGULATION (EU) 2023/2081

of 28 September 2023

implementing Regulation (EU) 2023/1214 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) 2023/1214 of 23 June 2023 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (1), and in particular Article 1(33) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 31 July 2014, the Council adopted Regulation (EU) No 833/2014 (2), which concerns restrictive measures in view of Russia’s actions destabilising the situation in Ukraine.

(2)

On 23 June 2023, the Council adopted Regulation (EU) 2023/1214, which amended Regulation (EU) No 833/2014 and introduced further restrictive measures to suspend the broadcasting activities in the Union, or directed at the Union, of certain media outlets referred to in Annex IV to Regulation (EU) 2023/1214. Pursuant to Article 1, point (33), of Regulation (EU) 2023/1214, the applicability of such measures in respect of one or several of those media outlets is subject to the adoption of implementing acts by the Council.

(3)

Having examined the respective cases, the Council has concluded that the restrictive measures referred to in Article 2f of Regulation (EU) No 833/2014 should apply as of 1 October 2023 in respect of all entities referred to in Annex IV to Regulation (EU) 2023/1214,

HAS ADOPTED THIS REGULATION:

Article 1

The restrictive measures referred to in Article 2f of Regulation (EU) No 833/2014 shall apply as of 1 October 2023 in respect of all entities referred to in Annex IV to Regulation (EU) 2023/1214.

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, 28 September 2023.

For the Council

The President

F. GRANDE-MARLASKA GÓMEZ


(1)   OJ L 159 I, 23.6.2023, p. 1.

(2)  Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 229, 31.7.2014, p. 1).


29.9.2023   

EN

Official Journal of the European Union

L 241/18


COMMISSION REGULATION (EU) 2023/2082

of 26 September 2023

establishing a fisheries closure for bluefin tuna in the Atlantic Ocean, east of 45° W, and Mediterranean for vessels flying the flag of Portugal

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 (1), and in particular Article 36(2) thereof,

Whereas:

(1)

Council Regulation (EU) 2023/194 (2) lays down quotas for 2023.

(2)

According to the information received by the Commission, catches of the stock of bluefin tuna in the Atlantic Ocean, east of 45° W, and Mediterranean by vessels flying the flag of or registered in Portugal have exhausted the quota allocated for 2023.

(3)

It is therefore necessary to prohibit certain fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated for 2023 to Portugal for the stock of bluefin tuna in the Atlantic Ocean, east of 45° W, and Mediterranean referred to in the Annex shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing activities for the stock referred to in Article 1 by vessels flying the flag of or registered in Portugal shall be prohibited from the date set out in the Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.

Article 3

Entry into force

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, 26 September 2023.

For the Commission,

On behalf of the President,

Virginijus SINKEVIČIUS

Member of the Commission


(1)   OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2023/194 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks (OJ L 28, 31.1.2023, p. 1).


ANNEX

No

10/TQ194

Member State

Portugal

Stock

BFT/AE45WM (including special conditions BFT/*641, BFT/*643, BFT/*8301, BFT/*8302, BFT/*8303F)

Species

Bluefin tuna (Thunnus thynnus)

Zone

Atlantic Ocean, east of 45° W, and Mediterranean

Closing date

22 August 2023


29.9.2023   

EN

Official Journal of the European Union

L 241/21


COMMISSION IMPLEMENTING REGULATION (EU) 2023/2083

of 26 September 2023

laying down implementing technical standards for the application of Article 16(1) of Directive (EU) 2021/2167of the European Parliament and of the Council with regard to the templates to be used by credit institutions for the provision to buyers of information on their credit exposures in the banking book

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive (EU) 2021/2167 of the European Parliament and of the Council of 24 November 2021 on credit servicers and credit purchasers and amending Directives 2008/48/EC and 2014/17/EU (1), and in particular Article 16(6) thereof,

Whereas:

(1)

Before they purchase non-performing credit agreements, prospective buyers should have access to granular credit agreement-by-credit agreement information about the non-performing credit agreement itself, the counterparty, the collateral, the guarantees, the legal and enforcement procedures and the historical collection and repayment history. Standardisation of that information by means of common templates, data fields, definitions and characteristics should facilitate the sale of non-performing credit agreements on secondary markets and should reduce entry barriers for small credit institutions and smaller investors wishing to conclude transactions in respect of non-performing credit agreements.

(2)

Credit institutions should use transaction data templates for non-performing credit agreements when selling or transferring non-performing credit agreements that are included in a portfolio for sales or transfers, in order to provide prospective buyers with all necessary information thereby enabling them to properly assess the value of the creditor’s rights under the non-performing credit agreement, or of the non-performing credit agreement itself, and the likelihood of recovery of the value. Applying such data templates to credit agreements would also reduce information asymmetries between prospective buyers and sellers of credit agreements and, thus, contribute to the development of a functioning secondary market in the Union. Credit institutions should use the templates in sales or transfers of such credit agreements involving a change to the lender of record under the credit agreement concerned.

(3)

In order to provide prospective buyers with all necessary information to make an informed decision, credit institutions should use transaction data templates for transfers of non-performing credit agreements, including transfers to other credit institutions. The data templates should be proportionate to the nature and size of credits and credit portfolios. For that reason, that obligation should apply to transfers of non-performing credit agreements only and should not encompass complex transactions where non-performing credit agreements are included as a part of such a transaction. Credit institutions should not use such templates in the case of complex transactions, when selling or transferring other types of contracts, including credit default swaps, total return swaps and other derivative contracts, insurance contracts and sub-participation contracts in relation to non-performing credit agreements, or for transfers of non-performing credit agreements pursuant to such contracts.

(4)

For the same reason, credit institutions should not use the transaction data templates for credit agreements, nor for sales or transfers of transferable securities, derivatives, or other financial instruments that fall under the scope of Directive 2014/65/EU of the European Parliament and of the Council (2), securities financing transactions, other than margin lending transactions, as defined in Article 3, point (10), of Regulation (EU) 2015/2365 of the European Parliament and of the Council (3), nor for financial or other leases of movable or immovable property that are not covered by Directive 2008/48/EC of the European Parliament and of the Council (4), and neither for sales or transfers of rights under such instruments, transactions or leases.

(5)

In order to minimise processing costs for credit institutions and credit purchasers, as stated in Article 16(4), point (d), of Directive (EU) 2021/2167 , credit institutions should not use the transaction data templates for the disposals of non-performing credit agreements through securitisation, where Regulation (EU) 2017/2402 of the European Parliament and of the Council (5) applies and the provision of the related information is governed by Commission Delegated Regulation (EU) 2020/1224 (6) and Commission Implementing Regulation (EU) 2020/1225 (7).

(6)

For the same reason, credit institutions should not use the transaction data templates for non-performing loans when selling such loans as part of sales of branches, sales of business lines or sales of clients’ portfolios which are not limited to non-performing loans, and transfers of such loans as part of an ongoing restructuring operation of the selling credit institution within insolvency, resolution, or liquidation proceedings.

(7)

In order to respect the principle of proportionality, the transaction data templates for non-performing credit agreements should require different information depending on the nature and size of the non-performing credit agreements and should specify the data fields that have to be completed or specify the circumstances under which it is not mandatory to complete certain data fields. For the same reason, credit institutions should not be obliged to complete all data fields in the transaction data templates for all transactions. Such transactions should involve the sale or transfer of: (1) a single non-performing credit agreement; (2) several non-performing credit agreements linked to one single borrower; (3) non-performing credit agreements that are part of syndicated credit agreement facilities; (4) non-performing credit agreements linked to a borrower that is domiciled outside of the Union; (5) non-performing credit agreements that have been acquired from an entity that is not a credit institution, as in such situations credit institutions may not have all the information required to complete all data fields; (6) non-performing credit agreements to natural persons, where those transactions concern small unsecured credit agreements that are outside the scope of Directive 2008/48/EC. The same approach should apply in the case of a sale or transfer of non-performing credit agreements between credit institutions that belong to the same group.

(8)

To enable prospective buyers of non-performing credit agreements to perform their financial due diligence and to value non-performing credit agreements before entering into a buy-sell transaction and before committing to a specific price, credit institutions should provide such prospective buyers with all necessary information early enough in the sale process. However, considering the level of detail of such information and the associated confidentiality implications, credit institutions should provide such information only to those prospective buyers that are seriously interested in purchasing the non-performing credit agreements concerned. For data protection reasons, credit institutions should only be allowed to provide personal data in cases where it is necessary to identify individuals whose credit agreements are non-performing. Regulation (EU) 2016/679 of the European Parliament and of the Council (8) applies to the processing of personal data in the context of this implementing Regulation.

(9)

Information that prospective buyers of non-performing credit agreements need to perform their financial due diligence and valuation of those credit agreements may contain elements that the credit institutions consider confidential on the basis of legal confidentiality requirements, or on the basis of commercial considerations. Credit institutions should therefore determine which data fields are to be considered confidential and should ensure that all confidential information is shared through secure channels and only after appropriate confidentiality arrangements have been put in place between the credit institution and the prospective buyer. Such secure channels may be electronic virtual data rooms set up by the credit institutions to grant access to the prospective buyers to the necessary information. Credit institutions should ensure that such virtual data rooms meet the applicable industry standards for confidentiality and data security.

(10)

To facilitate the exchange of information, credit institutions should provide the information in electronic and machine-readable form, unless credit institutions and prospective buyers agree otherwise. Where credit institutions use electronic auction platforms or electronic transaction platforms to organise the sales or transfer process of non-performing credit agreements, specific requirements for the electronic and machine-readable format may be set out by such platforms.

(11)

As part of the negotiation of the sales or transfer transaction, credit institutions may agree with prospective buyers to provide additional information regarding non-performing credit agreements beyond what is required by data templates. To that end, the design of the templates should allow for the provision of such additional data fields. Such additional information should as a rule not contain additional personal data, in line with the principle of data minimisation and data protection by design and by default.

(12)

This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Banking Authority. The European Banking Authority has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (9).

(13)

The European Data Protection Supervisor was consulted on this Implementation Regulation in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (10) and delivered an opinion on 25 July 2023,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

1.   This Regulation shall apply to the sales and transfers by credit institutions established in the Union of credit agreements that are classified as non-performing exposures in accordance with Article 47a of Regulation (EU) No 575/2013 of the European Parliament and of the Council (11) that those credit institutions hold in their banking book, rather than in their trading book as defined in Article 4(1), point (86), of Regulation (EU) No 575/2013, and, that meet the time criteria set out in Article 16(7) of Directive (EU) 2021/2167.

2.   This Regulation shall not apply to the following:

(a)

sales of non-performing credit agreements as part of sales of branches, sales of business lines or sales of clients’ portfolios which are not limited to non-performing credit agreements and transfers of non-performing credit agreements as part of an ongoing restructuring operation of the selling credit institution within insolvency, resolution or liquidation proceedings;

(b)

sales or transfers of non-performing credit agreements through securitisation, where Regulation (EU) 2017/2402 applies and the provision of the related information is governed by Delegated Regulation (EU) 2020/1224 and Implementing Regulation (EU) 2020/1225;

(c)

sales or transfers of non-performing credit agreements pursuant to credit default swap, total return swap and other derivative contracts, contracts of insurance and sub-participation contracts;

(d)

sales or transfers of non-performing credit agreements pursuant to a financial collateral arrangement as defined in Article 2(1), point (a), of Directive 2002/47/EC of the European Parliament and of the Council (12) or a transaction that would be a securities financing transaction as defined in Article 4(1), point (139) of Regulation (EU) No 575/2013.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

(1)

‘buyer’ means a credit purchaser, or a credit institution that receives a non-performing credit agreement in a transaction with another credit institution;

(2)

‘counterparty’ means either a borrower or a protection provider in relation to the non-performing credit agreement being sold or transferred;

(3)

‘protection provider’ means protection provider as defined in Article 1, point (13), of Regulation (EU) 2016/867 of the European Central Bank (13);

(4)

‘cut-off date’ means the reference date for the provision of information by credit institutions;

(5)

‘non-performing credit agreement’ is a credit agreement as defined in Article 3, point (13), of Directive (EU) 2021/2167 which is classified as a non-performing exposure in accordance with Article 47a (3), points (a), (b) and (c) of Regulation (EU) No 575/2013;

Article 3

Information to be provided by credit institutions

1.   Credit institutions shall provide prospective buyers with the following information on each credit agreement:

(a)

counterparty, as set out in Template 1 of Annex I;

(b)

credit agreement, as set out in Template 3 of Annex I;

(c)

collateral, guarantee and enforcement, as set out in Template 4.1 of Annex I;

(d)

mortgage guarantee, as set out in Template 4.2 of Annex I;

(e)

historical collection of repayments, as set out in Template 5 of Annex I.

2.   Credit institutions shall provide the information referred to in paragraph 1 in accordance with the criteria and definitions laid down in the data glossary set out in Annex II and with the instructions set out in Annex III.

3.   When providing the information specified in paragraph 1, credit institutions shall use the relationship table set out in Template 2 of Annex I which mentions the relations between the data fields.

Article 4

Information granularity, completeness, and accuracy

1.   Credit institutions shall provide information for all data fields that are marked as mandatory in the data glossary set out in Annex II, except where those data fields are not applicable pursuant to the criteria specified in the instructions set out in Annex III, and with the exception of information concerning all of the following transactions:

(a)

sales or transfers of a single non-performing credit agreement or non-performing credit agreements towards a single borrower;

(b)

sales or transfers of non-performing credit agreements under or forming a part of syndicated credit agreement facilities;

(c)

sales or transfers of non-performing credit agreement where the borrower is not domiciled in the Union, or has no registered office in the Union;

(d)

sales or transfers of non-performing credit agreements by a credit institution to an undertaking which is a member of the same group as defined in Article 4(1), point (138), of Regulation (EU) No 575/2013;

(e)

sales or transfers of non-performing credit agreements that the credit institution previously acquired from an entity other than a credit institution established in the Union and subject to the requirements of Regulation (EU) No 575/2013;

(f)

sales or transfers of unsecured non-performing credit agreements where a borrower is a natural person and where such credit agreements do not fall under the scope of Directive 2008/48/EC.

2.   Credit institutions shall make reasonable efforts to provide information for the data fields that are not marked as mandatory in the data glossary set out in Annex II with exceptions for the transactions specified in paragraph 1, points (a) to (f).

Article 5

Operational procedures for the provision of information

1.   Credit institutions shall provide prospective buyers with the information specified in Article 3 before entering into a contract for the sale or transfer of non-performing credit agreement, without prejudice to Article 6(2), point (b).

2.   Credit institutions shall provide prospective buyers with the information specified in Article 3 in an electronic and machine-readable form, unless agreed otherwise between the credit institution and the prospective buyer.

Article 6

Treatment of personal data and confidential information

1.   When providing the information referred to in Article 3, credit institutions shallidentify information that is to be considered confidential pursuant to applicable Union law on data confidentiality or on banking secrecy, or pursuant to own internal rules or market practices and ensure adequate protection of such information in accordance with the applicable Union law on data confidentiality or banking secrecy.

2.   Before providing the information referred to in Article 3, credit institutions and prospective buyers:

(a)

shall enter into confidentiality agreements drafted in conformity with applicable Union law;

(b)

shall share personal data only insofar as necessary before entering into a contract for the transfer or sale of non-performing credit agreements.

3.   Credit institutions shall use secure channels including virtual data rooms or similar electronic means to provide the information referred to in Article 3.

Article 7

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, 26 September 2023.

For the Commission

The President

Ursula VON DER LEYEN


(1)   OJ L 438, 8.12.2021, p. 1.

(2)  Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (recast) (OJ L 173, 12.6.2014, p. 349).

(3)  Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012 (OJ L 337, 23.12.2015, p. 1).

(4)  Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66).

(5)  Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012 (OJ l 347, 28.12.2017, p. 35).

(6)  Commission Delegated Regulation (EU) 2020/1224 of 16 October 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards specifying the information and the details of a securitisation to be made available by the originator, sponsor and SSPE (OJ L 289, 3.9.2020, p. 1).

(7)  Commission Implementing Regulation (EU) 2020/1225 of 29 October 2019 laying down implementing technical standards with regard to the format and standardised templates for making available the information and details of a securitization by the originator, sponsor and SSPE (OJ L 289, 3.9.2020, p. 217).

(8)  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).

(9)  Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).

(10)  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).

(11)  Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).

(12)  Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements (OJ L 168, 27.6.2002, p. 43).

(13)  Regulation (EU) 2016/867 of the European Central Bank of 18 May 2016 on the collection of granular credit and credit risk data (OJ L 144, 1.6.2016, p. 44).


ANNEX I

Template 1:   Counterparty

Index

Data field

1,00

Counterparty Group Identifier

1,01

Name of Counterparty Group

1,02

Counterparty Identifier

1,03

Name of Counterparty

1,04

Economic activity

1,05

Role of the counterparty

1,06

Legal Type of Counterparty

1,07

Date of birth

1,08

Residency of Counterparty

1,09

Counterparty deceased

1,10

National identifier (corporates)

1,11

National identifier (private individuals)

1,12

Source of National identifier

1,13

Legal Entity Identifier (LEI)

1,14

Address of Counterparty

1,15

City of Counterparty

1,16

Postal code of Counterparty

1,17

Country of Counterparty

1,18

Availability of e-mail address

1,19

Availability of telephone number

1,20

Date of Last Contact

1,21

Date of Latest Annual Financial Statements

1,22

Currency of Financial Statements

1,23

Fixed Assets

1,24

Current Assets

1,25

Cash and Cash Equivalent Items

1,26

Total Assets

1,27

Total Liabilities

1,28

Total Debt

1,29

Annual Turnover

1,30

Annual EBIT

1,31

Name of Insolvency/Restructuring Proceedings

1,32

Status of legal proceedings

1,33

Description of other legal measures

1 ,xx

 

Template 2.1:   Relationship borrower- loan

Index

2,00

2,01

Data field

Counterparty Identifier

Loan Identifier

 

 

 

Template 2.2:   Relationship mortgage loan-protection:

Index

2,01

2,02

2,03

Data field

Loan identifier

Mortgage identifier

Protection identifier

Template 2.3:   Relationship loan other than mortgage loan - protection (collateral, guarantee)

Index

2,01

2,03

Data field

Loan identifier

Protection Identifier

 

 

 

Template 2.4:   Relationship guarantor- guarantee

Index

2,00

2,03

Data field

Counterparty identifier

Protection identifier

 

 

 

Template 3:   Loan

Index

Data field

3,00

Cut-off Date

3,01

Loan Identifier

3,02

Inception date

3,03

Governing Law of Loan Agreement

3,04

Joint Counterparties

3,05

Asset Class

3,06

Type of instrument

3,07

Legal final maturity date

3,08

Currency

3,09

Principal amount

3,10

Accrued interest

3,11

Other balances

3,12

Legal Balance

3,13

Days in Past-Due

3,14

Interest Rate

3,15

Interest Rate Type

3,16

Description of Interest Rate Type

3,17

Interest rate spread/margin

3,18

Reference Rate

3,19

Interest rate reset frequency

3,20

Payment Frequency

3,21

Last Payment Date

3,22

Last Payment Amount

3,23

Date of the default status of the instrument

3,24

Loan legal status

3,25

Date of initiation of legal proceedings

3,26

Stage Reached in legal proceedings

3,27

Jurisdiction of Court

3,28

Date of Obtaining Order for Possession

3,29

Statute of limitations date

3,30

Syndicated Loan

3,31

Syndicated Portion

3,32

Securitised

3,33

Lease agreement

3,34

Start Date of Lease

3,35

End Date of Lease

3,36

Lease Break Option

3,37

Type of Lease

3,38

Forbearance measure

3,39

Type of Forbearance measure

3,40

End Date of Forbearance measure

3,41

Description of the Forbearance measures

3,42

Debt Forgiveness

3,43

Number of historical forbearance

3 ,xx

 

Template 4.1:   Collateral, guarantee and enforcement

Index

Data field

4,00

Protection identifier

4,01

Type of immovable property

4,02

Type of movable property, other collateral and guarantee

4,03

Address of immovable property

4,04

City of immovable property

4,05

Immovable property Postcode

4,06

Immovable property Country

4,07

Immovable property collateral cadaster identification number

4,08

Cadaster identification

4,09

Lien position

4,10

Higher Ranking Loan

4,11

Register of Deeds Number

4,12

Year of construction

4,13

Building Area (M2)

4,14

Land Area (M2)

4,15

Completion of immovable property

4,16

Value of Energy Performance Certificate

4,17

Type of occupancy

4,18

Currency of collateral and guarantee

4,19

Latest Internal Valuation Amount

4,20

Date of Latest Internal Valuation

4,21

Type of Appraisal Amount for the Latest Internal Valuation

4,22

Type of Latest Internal Valuation

4,23

Latest External Valuation Amount

4,24

Date of Latest External Valuation

4,25

Type of Appraisal Amount for the Latest External Valuation

4,26

Type of Latest External Valuation

4,27

Financial Guarantee Amount

4,28

ISIN

4,29

Enforcement Status

4,30

Enforcement Status Third Parties

4,31

Jurisdiction of Court

4,32

Currency of Enforcement

4,33

Indicator of Enforcement

4,34

Court Appraisal Amount

4,35

Date of Court Appraisal

4,36

Cash in Court

4,37

Sale Agreed Price

4,38

Next Auction Date

4,39

Court Auction Reserve Price for Next Auction

4,40

Last Auction Date

4,41

Court Auction Reserve Price for Last Auction

4,42

Number of Failed Auctions

4 ,xx

 

Template 4.2:   Mortgage guarantee

NEW Index