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Document L:2018:190:FULL

Official Journal of the European Union, L 190, 27 July 2018


Display all documents published in this Official Journal
 

ISSN 1977-0677

Official Journal

of the European Union

L 190

European flag  

English edition

Legislation

Volume 61
27 July 2018


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Commission Regulation (EU) 2018/1059 of 24 July 2018 establishing a prohibition of fishing for sandeel and associated by-catches in Union waters of sandeel management area 2r by vessels flying the flag of Denmark

1

 

*

Commission Implementing Regulation (EU) 2018/1060 of 26 July 2018 renewing the approval of the active substance trifloxystrobin 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, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 ( 1 )

3

 

*

Commission Implementing Regulation (EU) 2018/1061 of 26 July 2018 renewing the approval of the active substance carfentrazone-ethyl 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, and amending Commission Implementing Regulation (EU) No 540/2011 ( 1 )

8

 

 

DECISIONS

 

*

Council Decision (EU) 2018/1062 of 16 July 2018 on the position to be adopted on behalf of the European Union within the CETA Joint Committee established by the Comprehensive Economic and Trade Agreement between Canada, of the one part, and the European Union and its Member States, of the other part as regards the adoption of the Rules of Procedure of the CETA Joint Committee and specialised committees

13

 

 

Corrigenda

 

*

Corrigendum to Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 ( OJ L 16, 19.1.2012 )

20

 

*

Corrigendum to Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria ( OJ L 147, 1.6.2013 )

20

 


 

(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

REGULATIONS

27.7.2018   

EN

Official Journal of the European Union

L 190/1


COMMISSION REGULATION (EU) 2018/1059

of 24 July 2018

establishing a prohibition of fishing for sandeel and associated by-catches in Union waters of sandeel management area 2r by vessels flying the flag of Denmark

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) 2018/120 (2) lays down quotas for 2018.

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2018.

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2018 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 the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that 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, 24 July 2018.

For the Commission,

On behalf of the President,

João AGUIAR MACHADO

Director-General

Directorate-General for Maritime Affairs and Fisheries


(1)  OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2018/120 of 23 January 2018 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2017/127 (OJ L 27, 31.1.2018, p. 1).


ANNEX

No

12/TQ120

Member State

Denmark

Stock

SAN/234_2R

Species

Sandeel and associated by-catches (Ammodytes spp.)

Zone

Union waters of sandeel management area 2r

Closing date

22.6.2018


27.7.2018   

EN

Official Journal of the European Union

L 190/3


COMMISSION IMPLEMENTING REGULATION (EU) 2018/1060

of 26 July 2018

renewing the approval of the active substance trifloxystrobin 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, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

(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 20(1) thereof,

Whereas:

(1)

Commission Directive 2003/68/EC (2) included trifloxystrobin as an active substance in Annex I to Council Directive 91/414/EEC (3).

(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)

The approval of the active substance trifloxystrobin, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 31 July 2018.

(4)

An application for the renewal of the approval of trifloxystrobin was submitted in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012 (5) within the time period provided for in that Article.

(5)

The applicant submitted the supplementary dossiers required in accordance with Article 6 of Implementing Regulation (EU) No 844/2012. The application was found to be complete by the rapporteur Member State.

(6)

The rapporteur Member State prepared a renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (‘the Authority’) and the Commission on 29 September 2016.

(7)

The Authority communicated the renewal assessment report to the applicant and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the supplementary summary dossier available to the public.

(8)

On 19 September 2017 the Authority communicated to the Commission its conclusion (6) on whether trifloxystrobin can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Commission presented the draft renewal report for trifloxystrobin to the Standing Committee on Plants, Animals, Food and Feed on 23 March 2018.

(9)

The applicant was given the opportunity to submit comments on the draft renewal report.

(10)

It has been established with respect to one or more representative uses of at least one plant protection product containing the active substance that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied.

(11)

It is therefore appropriate to renew the approval of trifloxystrobin.

(12)

The risk assessment for the renewal of the approval of trifloxystrobin is based on a limited number of representative uses, which, however, do not restrict the uses for which plant protection products containing trifloxystrobin may be authorised. It is therefore appropriate not to maintain the restriction for use only as a fungicide.

(13)

In accordance with Article 14(1) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions. It is, in particular, appropriate to require further confirmatory information.

(14)

Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

(15)

Taking into account that the current approval of trifloxystrobin expires on 31 July 2018, this Regulation should enter into force as soon as possible.

(16)

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

Renewal of the approval of active substance

The approval of the active substance trifloxystrobin is renewed as set out in Annex I.

Article 2

Amendments to Implementing Regulation (EU) No 540/2011

The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

Article 3

Entry into force and date 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 from 1 August 2018.

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

Done at Brussels, 26 July 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 309, 24.11.2009, p. 1.

(2)  Commission Directive 2003/68/EC of 11 July 2003 amending Council Directive 91/414/EEC to include trifloxystrobin, carfentrazone-ethyl, mesotrione, fenamidone and isoxaflutole as active substances (OJ L 177, 16.7.2003, p. 12).

(3)  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).

(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)  Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).

(6)  EFSA Journal 2017;15(9):4980. Available online: www.efsa.europa.eu.


ANNEX I

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

Trifloxystrobin

CAS No 141517-21-7

CIPAC No 617

methyl (E)-methoxyimino-{(E)-α-[1-(α,α,α-trifluoro-m-tolyl)ethylideneaminooxyl]-o-tolyl}acetate

≥ 975 g/kg

AE 1344136 (max. 4 g/kg)

1 August 2018

31 July 2033

For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the renewal report on trifloxystrobin, and in particular Appendices I and II thereto, shall be taken into account.

In this overall assessment Member States shall pay particular attention to:

the protection of groundwater when the substance is applied in regions with vulnerable soil and/or climate conditions;

the protection of aquatic organisms, bees, and of fish-eating birds and mammals.

Conditions of use shall include risk mitigation measures, where appropriate.

The applicant shall submit to the Commission, the Member States and the Authority confirmatory information as regards:

(1)

the relevance of metabolites that may occur in groundwater, taking into account any relevant classification for trifloxystrobin in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (2), in particular as toxic for reproduction category 2;

(2)

the effect of water treatment processes on the nature of residues present in surface and groundwater, when surface water or groundwater is abstracted for drinking water.

The applicant shall submit the information requested under point (1) within one year after the publication, on the website of the European Chemicals Agency (ECHA), of the opinion adopted by the Committee for Risk Assessment of the ECHA in accordance with Article 37(4) of Regulation (EC) No 1272/2008 with respect to trifloxystrobin.

The applicant shall submit the information requested under point (2) within two years of a guidance document on evaluation of the effect of water treatment processes on the nature of residues present in surface and groundwater being made public by the Commission.


(1)  Further details on identity and specification of active substance are provided in the review report.

(2)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).


ANNEX II

The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

(1)

in Part A, the entry 59 on trifloxystrobin is deleted;

(2)

in Part B, the following entry is added:

No

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

‘124

Trifloxystrobin

CAS No 141517-21-7

CIPAC No 617

methyl (E)-methoxyimino-{(E)-α-[1-(α,α,α-trifluoro-m-tolyl)ethylideneaminooxyl]-o-tolyl}acetate

≥ 975 g/kg

AE 1344136 (max. 4 g/kg)

1 August 2018

31 July 2033

For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the renewal report on trifloxystrobin, and in particular Appendices I and II thereto, shall be taken into account.

In this overall assessment Member States shall pay particular attention to:

the protection of groundwater when the substance is applied in regions with vulnerable soil and/or climate conditions;

the protection of aquatic organisms, bees, and of fish-eating birds and mammals.

Conditions of use shall include risk mitigation measures, where appropriate.

The applicant shall submit to the Commission, the Member States and the Authority confirmatory information as regards:

(1)

the relevance of metabolites that may occur in groundwater, taking into account any relevant classification for trifloxystrobin in accordance with Regulation (EC) No 1272/2008, in particular as toxic for reproduction category 2;

(2)

the effect of water treatment processes on the nature of residues present in surface and groundwater, when surface water or groundwater is abstracted for drinking water.

The applicant shall submit the information requested under point (1) within one year after the publication, on the website of the European Chemicals Agency (ECHA), of the opinion adopted by the Committee for Risk Assessment of the ECHA in accordance with Article 37(4) of Regulation (EC) No 1272/2008 with respect to trifloxystrobin.

The applicant shall submit the information requested under point (2) within two years of a guidance document on evaluation of the effect of water treatment processes on the nature of residues present in surface and groundwater being made public by the Commission.’


(1)  Further details on identity and specification of active substance are provided in the review report.


27.7.2018   

EN

Official Journal of the European Union

L 190/8


COMMISSION IMPLEMENTING REGULATION (EU) 2018/1061

of 26 July 2018

renewing the approval of the active substance carfentrazone-ethyl 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, and amending Commission Implementing Regulation (EU) No 540/2011

(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 (1) 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, and in particular Article 20(1) thereof,

Whereas:

(1)

Commission Directive 2003/68/EC (2) included carfentrazone-ethyl as an active substance in Annex I to Council Directive 91/414/EEC (3).

(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)

The approval of the active substance carfentrazone-ethyl, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 31 July 2018.

(4)

An application for the renewal of the approval of carfentrazone-ethyl was submitted in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012 (5) within the time period provided for in that Article.

(5)

The applicant submitted the supplementary dossiers required in accordance with Article 6 of Implementing Regulation (EU) No 844/2012. The application was found to be complete by the rapporteur Member State.

(6)

The rapporteur Member State prepared a renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (‘the Authority’) and the Commission on 10 July 2015.

(7)

The Authority communicated the renewal assessment report to the applicant and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the supplementary summary dossier available to the public.

(8)

On 22 July 2016 (6), the Authority communicated to the Commission its conclusion on whether carfentrazone-ethyl can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Commission presented the draft renewal report for carfentrazone-ethyl to the Standing Committee on Plants, Animals, Food and Feed on 24 January 2017.

(9)

The applicant was given the opportunity to submit comments on the draft renewal report.

(10)

It has been established with respect to one or more representative uses of at least one plant protection product containing carfentrazone-ethyl that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied.

(11)

It is therefore appropriate to renew the approval of carfentrazone-ethyl.

(12)

The risk assessment for the renewal of the approval of carfentrazone-ethyl is based on a limited number of representative uses, which however do not restrict the uses for which plant protection products containing carfentrazone-ethyl may be authorised. It is therefore appropriate to remove the restriction for use only as a herbicide.

(13)

In accordance with Article 14(1) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions. It is, in particular, appropriate to require further confirmatory information.

(14)

Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

(15)

Taking into account that the current approval of carfentrazone-ethyl expires on 31 July 2018, this Regulation should enter into force as soon as possible.

(16)

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

Renewal of the approval of the active substance

The approval of the active substance carfentrazone-ethyl is renewed as set out in Annex I.

Article 2

Amendments to Implementing Regulation (EU) No 540/2011

The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

Article 3

Entry into force and date 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 from 1 August 2018.

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

Done at Brussels, 26 July 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)  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 (OJ L 309, 24.11.2009, p. 1).

(2)  Commission Directive 2003/68/EC of 11 July 2003 amending Council Directive 91/414/EEC to include trifloxystrobin, carfentrazone-ethyl, mesotrione, fenamidone and isoxaflutole as active substances (OJ L 177, 16.7.2003, p. 12).

(3)  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).

(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)  Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).

(6)  EFSA (European Food Safety Authority), 2016. Conclusion on the peer review of the pesticide risk assessment of the active substance carfentrazone-ethyl. EFSA Journal 2016;14(8):4569. Available online: www.efsa.europa.eu


ANNEX I

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

Carfentrazone-ethyl

CAS No 128639-02-1

CIPAC No 587.202

Ethyl (RS)-2-chloro-3-[2-chloro-4-fluoro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H- 1,2,4-triazol-1-yl]phenyl]propionate

≥ 910 g/kg

1 August 2018

31 July 2033

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 carfentrazone-ethyl, and in particular Appendices I and II thereof, shall be taken into account.

In their overall assessment Member States shall pay particular attention to:

the protection of groundwater when the substance is applied in regions with vulnerable soil and/or climate conditions,

the protection of soil non-target organisms,

the protection of aquatic organisms,

the protection of non-target terrestrial higher plants.

Conditions of use shall include risk mitigation measures, where appropriate.

The applicant shall submit to the Commission, the Member States and the Authority confirmatory information as regards:

(1)

the relevance of metabolites that may occur in groundwater, taking into account any relevant classification for carfentrazone-ethyl in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (2), in particular as carcinogen category 2;

(2)

the effect of water treatment processes on the nature of residues present in drinking water.

The applicant shall submit the information mentioned in point (1) within one year after the publication on the website of the European Chemicals Agency of the opinion adopted by the Committee for Risk Assessment of the European Chemicals Agency in accordance with Article 37(4) of Regulation (EC) No 1272/2008 with respect to carfentrazone-ethyl.

The applicant shall submit the information requested under point (2) within two years of a guidance document on evaluation of the effect of water treatment processes on the nature of residues present in surface and groundwater being made public by the Commission.


(1)  Further details on identity and specification of active substance are provided in the review report.

(2)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).


ANNEX II

The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

(1)

in Part A, the entry 60 on carfentrazone-ethyl is deleted;

(2)

in Part B, the following entry is added:

Number

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

‘125

Carfentrazone-ethyl

CAS No 128639-02-1

CIPAC No 587.202

Ethyl (RS)-2-chloro-3-[2-chloro-4-fluoro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H- 1,2,4-triazol-1-yl]phenyl]propionate

≥ 910 g/kg

1 August 2018

31 July 2033

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 carfentrazone-ethyl, and in particular Appendices I and II thereof, shall be taken into account.

In their overall assessment Member States shall pay particular attention to:

the protection of groundwater when the substance is applied in regions with vulnerable soil and/or climate conditions;

the protection of soil non-target organisms;

the protection of aquatic organisms;

the protection of non-target terrestrial higher plants.

Conditions of use shall include risk mitigation measures, where appropriate.

The applicant shall submit to the Commission, the Member States and the Authority confirmatory information as regards:

(1)

the relevance of metabolites that may occur in groundwater, taking into account any relevant classification for carfentrazone-ethyl in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (2), in particular as carcinogen category 2;

(2)

the effect of water treatment processes on the nature of residues present in drinking water.

The applicant shall submit the information mentioned in point (1) within one year after the publication on the website of the European Chemicals Agency of the opinion adopted by the Committee for Risk Assessment of the European Chemicals Agency in accordance with Article 37(4) of Regulation (EC) No 1272/2008 with respect to carfentrazone-ethyl.

The applicant shall submit the information requested under point (2) within two years of a guidance document on evaluation of the effect of water treatment processes on the nature of residues present in surface and groundwater being made public by the Commission.’


(1)  Further details on identity and specification of active substance are provided in the review report.

(2)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).


DECISIONS

27.7.2018   

EN

Official Journal of the European Union

L 190/13


COUNCIL DECISION (EU) 2018/1062

of 16 July 2018

on the position to be adopted on behalf of the European Union within the CETA Joint Committee established by the Comprehensive Economic and Trade Agreement between Canada, of the one part, and the European Union and its Member States, of the other part as regards the adoption of the Rules of Procedure of the CETA Joint Committee and specialised committees

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, in conjunction with Article 100(2), the first subparagraph of Article 207(4), and Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

Council Decision (EU) 2017/37 (1) provides for the signing on behalf of the European Union of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (‘the Agreement’). The Agreement was signed on 30 October 2016.

(2)

Council Decision (EU) 2017/38 (2) provides for the provisional application of parts of the Agreement, including the establishment of the CETA Joint Committee and specialised committees. The Agreement has been provisionally applied since 21 September 2017.

(3)

Pursuant to Article 26.1.4(d) of the Agreement, the CETA Joint Committee is to adopt its own Rules of Procedure.

(4)

Pursuant to Article 26.2.4 of the Agreement, the specialised committees are to set and modify their own rules of procedures if they deem it appropriate.

(5)

The CETA Joint Committee, during its first meeting, is to adopt its own Rules of Procedure, as provided for by the Agreement.

(6)

Unless otherwise decided by each specialised committee pursuant to Article 26.2.4, the Rules of Procedure are to apply mutatis mutandis to the specialised committees.

(7)

It is therefore appropriate to establish the position to be adopted on the Union's behalf in the CETA Joint Committee on the basis of the attached draft Decision of the CETA Joint Committee on its Rules of Procedure in order to ensure the effective implementation of the Agreement,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on the Union's behalf in the first meeting of the CETA Joint Committee established by the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part, as regards the Rules of Procedure of the CETA Joint Committee and specialised committees, shall be based on the draft Decision of the CETA Joint Committee attached to this Decision.

Article 2

This Decision is addressed to the Commission.

Done at Brussels, 16 July 2018.

For the Council

The President

J. BOGNER-STRAUSS


(1)  Council Decision (EU) 2017/37 of 28 October 2016 on the signing on behalf of the European Union of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 11, 14.1.2017, p. 1).

(2)  Council Decision (EU) 2017/38 of 28 October 2016 on the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 11, 14.1.2017, p. 1080).


DRAFT

DECISION No […/2018] OF THE CETA JOINT COMMITTEE

of …

adopting its Rules of Procedure and of the Specialised Committees

THE CETA JOINT COMMITTEE,

Having regard to the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part, and in particular Articles 26.1.4(d) and 26.2.4 thereof,

Whereas:

(1)

In accordance with Article 30.7.3 of the Agreement, parts of the Agreement have been applied provisionally since 21 September 2017;

(2)

Pursuant to Article 26.1.4(d) of the Agreement the CETA Joint Committee is to adopt its own rules of procedure;

(3)

Pursuant to Article 26.2.4 of the Agreement the specialised committees shall set and modify their own rules of procedures, if they deem it appropriate;

HAS DECIDED AS FOLLOWS:

The Rules of Procedure of the CETA Joint Committee and of its specialized committees, as set out in the Annex, are hereby adopted.

Done at …, ….

For the CETA Joint Committee

The Co-Chairs


ANNEX

RULES OF PROCEDURE OF THE CETA JOINT COMMITTEE

Rule 1

Composition and Chair

1.   The CETA Joint Committee that is established in accordance with Article 26.1 of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (the Agreement) will perform its duties as provided in Article 26.1 of the Agreement, take responsibility for the implementation and application of the Agreement and further its general aims.

2.   Further to Article 26.1.1 of the Agreement, the CETA Joint Committee shall be composed of representatives of the Parties to the Agreement (hereinafter referred to as ‘members of the CETA Joint Committee’) and shall be co-chaired by the Minister for International Trade of Canada and the Member of the European Commission responsible for Trade. The co-chairs may be represented by their respective designees as provided in Article 26.1.1 of the Agreement.

3.   The Parties in these Rules of Procedure are those defined in Article 1.1 of the Agreement.

Rule 2

Representation

1.   Each Party to the Agreement will notify the other Party to the Agreement of the list of its members of the CETA Joint Committee. The list will be administered and kept current by the Secretariat of the CETA Joint Committee.

2.   A co-chair of the CETA Joint Committee may be represented by a designee if he or she is unable to attend a meeting. The co-chair, or his or her designee, will inform in writing the other co-chair and the relevant Contact Point of the designation as far in advance of the meeting as possible.

3.   The designee of the co-chair of the CETA Joint Committee will exercise the rights of that co-chair to the extent of the designation. In these Rules of Procedure, subsequent references to members and co-chairs of the CETA Joint Committee will be understood to include the designee.

Rule 3

Secretariat of the CETA Joint Committee

The CETA Contact Points appointed by the Parties to the Agreement in accordance with Article 26.5 of the Agreement will act as Secretariat of the CETA Joint Committee.

Rule 4

Meetings

1.   Further to Article 26.1.2 of the Agreement, the CETA Joint Committee shall meet once a year or at the request of either Party to the Agreement. The meetings will be held in Brussels and Ottawa alternately, unless the co-chairs decide otherwise.

2.   In accordance with Article 26.6.1 of the Agreement, the meetings of the CETA Joint Committee may be held by videoconference or teleconference.

3.   Each meeting of the CETA Joint Committee will be convened by the Secretariat of the CETA Joint Committee at a date and place decided by the Parties to the Agreement. As provided for in Article 26.6.2, the Parties to the Agreement shall endeavour to meet within 30 days after a Party to the Agreement receives a request to meet from the other Party to the Agreement.

Rule 5

Delegation

The members of the CETA Joint Committee may be accompanied by government officials. Before each meeting, the co-chairs of the CETA Joint Committee will be informed of the intended composition of the delegation of each Party to the Agreement.

Rule 6

Documents

When the deliberations of the CETA Joint Committee are based on written supporting documents, these documents will be numbered and circulated by the Secretariat of the CETA Joint Committee as documents of the CETA Joint Committee.

Rule 7

Correspondence

1.   Correspondence addressed to the co-chairs of the CETA Joint Committee will be forwarded to the Secretariat of the CETA Joint Committee for circulation, when appropriate, to the members of the CETA Joint Committee.

2.   Correspondence from the co-chairs of the CETA Joint Committee will be sent to the recipients by the Secretariat of the CETA Joint Committee and be numbered and circulated, when appropriate, to the other members of the CETA Joint Committee.

Rule 8

Agenda for the Meetings

1.   A provisional agenda for each meeting will be drawn up by the Secretariat of the CETA Joint Committee. It will be forwarded, together with the relevant documents, to the members of the CETA Joint Committee, including the co-chairs no later than 15 calendar days before the beginning of the meeting.

2.   The provisional agenda will include items in respect of which the Secretariat of the CETA Joint Committee has received a request for inclusion in the agenda by a Party to the Agreement, together with the relevant documents, no later than 21 days before the beginning of the meeting.

3.   The co-chairs of the CETA Joint Committee will make public a jointly approved version of the provisional agenda of the CETA Joint Committee before the meeting takes place subject to the application of Article 26.4 of the Agreement.

4.   The agenda will be adopted by the CETA Joint Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties to the Agreement so decide.

5.   The co-chairs of the CETA Joint Committee may by mutual consent invite observers, including representatives of other bodies of the Parties to the Agreement or independent experts to attend its meetings in order to provide information on specific subjects.

6.   The co-chairs of the CETA Joint Committee may by mutual consent reduce or increase the time periods specified in paragraphs 1 and 2 in order to take account of the requirements of a particular case.

Rule 9

Minutes

1.   Draft minutes of each meeting will be drawn up by the Secretariat of the CETA Joint Committee, normally within 21 days from the end of the meeting, unless otherwise decided by mutual consent.

2.   The minutes will, as a general rule, summarise each item on the agenda, specifying where applicable:

(a)

the documents submitted to the CETA Joint Committee;

(b)

any statement that a member of the CETA Joint Committee requested to be entered in the minutes; and

(c)

the decisions adopted, recommendations made, joint statements decided upon and operational conclusions adopted on specific items.

3.   The minutes will include a list of the names, titles and affiliations, of all individuals who attended the meeting in any capacity.

4.   The minutes will be approved in writing by the co-chairs within 28 days of the date of the meeting or by any other date decided by the Parties to the Agreement. Once approved, two copies of the minutes will be signed by the Contact Points of the Secretariat of the CETA Joint Committee and each of the Parties to the Agreement will receive one original copy of these documents. The Parties may decide that signing and exchanging electronic copies satisfies this requirement. Copies of the signed minutes will be forwarded to the members of the CETA Joint Committee.

5.   The Secretariat of the CETA Joint Committee will also prepare a summary of the minutes. Once the co-chairs of the Joint Committee have approved the text of the summary, they will make the summary of the minutes public subject to the application of Article 26.4 of the Agreement.

Rule 10

Decisions and Recommendations

1.   The CETA Joint Committee shall make decisions in respect of all matters when this Agreement so provides, and may also make appropriate recommendations. The CETA Joint Committee shall act by mutual consent, as provided for in Article 26.3.3 of the Agreement.

2.   In the period between meetings, the CETA Joint Committee may adopt decisions or recommendations by written procedure if the Parties to the Agreement decide by mutual consent. For that purpose, the text of the proposal will be circulated in writing from the co-chairs to the members of the CETA Joint Committee pursuant to Rule 7, with a time limit within which members will make known any concerns or amendments they wish to make. Adopted proposals will be communicated pursuant to Rule 7 once the time limit has elapsed and recorded in the minutes of the next meeting.

3.   Where the CETA Joint Committee is empowered under the Agreement to adopt decisions, recommendations or interpretations, such acts will be entitled ‘Decision’, ‘Recommendation’ or ‘Interpretation’ respectively. The Secretariat of the CETA Joint Committee will give any decision, recommendation or interpretation a serial number, the date of adoption and a description of their subject-matter. Each decision will provide for a date that it comes into effect, subject to the completion of any necessary internal requirements and procedures.

4.   Each decision, recommendation or interpretation will be signed by the co-chairs of the CETA Joint Committee.

5.   The Parties to the Agreement will ensure that the decisions, recommendations or interpretations adopted by the CETA Joint Committee are made public.

6.   In case of decisions of the CETA Joint Committee amending the protocols and annexes to the Agreement pursuant to Article 30.2.2 of the Agreement, all language versions are equally authentic as provided in Article 30.11 of the Agreement.

Rule 11

Publicity and Confidentiality

1.   Unless otherwise specified by the Agreement or decided by the co-chairs, the meetings of the CETA Joint Committee will not be open to the public.

2.   When a Party to the Agreement submits information considered as confidential or protected from disclosure under its laws and regulations to the CETA Joint Committee or any specialised committee or other body established under the Agreement, the other Party to the Agreement shall treat that information as confidential as provided in Article 26.4 of the Agreement.

Rule 12

Languages

1.   The official languages of the CETA Joint Committee will be the official languages of the Parties to the Agreement.

2.   The working languages of the CETA Joint Committees will be English and/or French. Unless otherwise decided by the co-chairs, the CETA Joint Committee will normally base its deliberations on documents prepared in those languages.

Rule 13

Expenses

1.   Each Party to the Agreement will meet any expenses it incurs as a result of participating in the meetings of the CETA Joint Committee.

2.   Expenditure in connection with the organisation of meetings and reproduction of documents will be borne by the Party to the Agreement hosting the meeting.

3.   Expenditure in connection with interpretation to and from the working languages of the Joint Committee at meetings will be borne by the Party to the Agreement hosting the meeting. A Party to the Agreement requesting interpretation and translation into or from languages other than the working languages specified in Rule 12 will pay for these services.

Rule 14

Specialised committees and other bodies

1.   Pursuant to Article 26.1.4(b) of the Agreement, the CETA Joint Committee shall supervise the work of all specialised committees and other bodies established under the Agreement.

2.   The CETA Joint Committee will be informed in writing of the Contact Points designated by specialised committees or other bodies established under the Agreement. All relevant correspondences, documents and communications between the Contact Points of each specialised committee regarding the implementation of the Agreement will be forwarded to the Secretariat of the CETA Joint Committee simultaneously.

3.   Pursuant to Article 26.2.6, the specialized committees shall report to the CETA Joint Committee on results and conclusions from each of their meetings.

4.   Unless otherwise decided by each specialised committee pursuant to Article 26.2.4 of the Agreement, the present Rules of Procedure will apply mutatis mutandis to the specialised committees and other bodies established under the Agreement.


Corrigenda

27.7.2018   

EN

Official Journal of the European Union

L 190/20


Corrigendum to Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011

( Official Journal of the European Union L 16 of 19 January 2012 )

On page 22, Annex IIa (List of entities or bodies referred to in Articles 14 and 15(1)(b)), ‘Entities’, entry No 1 (concerning Commercial Bank of Syria), in column ‘Identifying Information’:

for:

‘… SWIFT/BIC CMSY SY DA; …’,

read:

‘… SWIFT/BIC CMSYSYDA; ….’.


27.7.2018   

EN

Official Journal of the European Union

L 190/20


Corrigendum to Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria

( Official Journal of the European Union L 147 of 1 June 2013 )

On page 45, Annex II (List of entities referred to in Article 28), ‘Entities’, entry No 1 (concerning Commercial Bank of Syria), in column ‘Identifying Information’:

for:

‘… SWIFT/BIC: CMSY SY DA; ….’,

read:

‘… SWIFT/BIC: CMSYSYDA; ….’.


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