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Document L:2018:310:FULL

Official Journal of the European Union, L 310, 6 December 2018


Display all documents published in this Official Journal
 

ISSN 1977-0677

Official Journal

of the European Union

L 310

European flag  

English edition

Legislation

Volume 61
6 December 2018


Contents

 

II   Non-legislative acts

page

 

 

INTERNATIONAL AGREEMENTS

 

*

Council Decision (EU) 2018/1893 of 16 July 2018 regarding the signature, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part

1

 

 

REGULATIONS

 

*

Commission Regulation (EU) 2018/1894 of 30 November 2018 establishing a prohibition of fishing for Norway lobster in areas 8a, 8b, 8d and 8e by vessels flying the flag of Belgium

4

 

*

Commission Regulation (EU) 2018/1895 of 30 November 2018 establishing a prohibition of fishing for megrims in areas 8a, 8b, 8d and 8e by vessels flying the flag of Belgium

6

 

*

Commission Regulation (EU) 2018/1896 of 30 November 2018 establishing a prohibition of fishing for hake in areas 8a, 8b, 8d and 8e by vessels flying the flag of Belgium

8

 

*

Commission Regulation (EU) 2018/1897 of 30 November 2018 establishing a prohibition of fishing for skates and rays in Union waters of 8 and 9 by vessels flying the flag of Belgium

10

 

*

Commission Regulation (EU) 2018/1898 of 30 November 2018 establishing a prohibition of fishing for plaice in areas 8, 9 and 10; Union waters of CECAF 34.1.1 by vessels flying the flag of Belgium

12

 

*

Commission Regulation (EU) 2018/1899 of 30 November 2018 establishing a prohibition of fishing for whiting in area 8 by vessels flying the flag of Belgium

14

 

*

Commission Regulation (EU) 2018/1900 of 30 November 2018 establishing a prohibition of fishing for cod in subdivisions 22-24 by vessels flying the flag of Poland

16

 

*

Commission Regulation (EU) 2018/1901 of 30 November 2018 establishing a prohibition of fishing for anglerfish in areas 8a, 8b, 8d and 8e by vessels flying the flag of Belgium

18

 

*

Commission Regulation (EU) 2018/1902 of 30 November 2018 establishing a prohibition of fishing for common sole in areas 8a and 8b by vessels flying the flag of Belgium

20

 

*

Commission Regulation (EU) 2018/1903 of 5 December 2018 correcting Annexes IV, VI and VII to Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, and correcting certain language versions of Annexes II, IV, V and VI to that Regulation ( 1 )

22

 

 

DECISIONS

 

*

Council Implementing Decision (EU) 2018/1904 of 4 December 2018 authorising the Netherlands to introduce a special measure derogating from Article 285 of Directive 2006/112/EC on the common system of value added tax

25

 

*

Commission Decision (EU) 2018/1905 of 28 November 2018 on the proposed citizens' initiative entitled EU wide referendum whether the European Citizens want the United Kingdom to remain or to leave! (notified under document C(2018) 8006)

27

 

*

Commission Implementing Decision (EU) 2018/1906 of 30 November 2018 amending Implementing Decision (EU) 2016/2323 to update the European List of ship recycling facilities established pursuant to Regulation (EU) No 1257/2013 of the European Parliament and of the Council ( 1 )

29

 


 

(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

6.12.2018   

EN

Official Journal of the European Union

L 310/1


COUNCIL DECISION (EU) 2018/1893

of 16 July 2018

regarding the signature, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

The Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (1) (‘the Association Agreement’) entered into force on 1 March 2000.

(2)

Since the Association Agreement entered into force, the Union has continued to strengthen its bilateral relations with the Kingdom of Morocco and awarded it advanced status.

(3)

The Union does not prejudge the outcome of the United Nations' political process on the final status of Western Sahara and has consistently reaffirmed its commitment to resolving the dispute in Western Sahara, presently listed by the United Nations as a non-self-governing territory, large parts of which are currently administered by the Kingdom of Morocco. It fully supports the efforts made by the United Nations Secretary-General and his personal envoy to help the parties reach a fair, lasting and mutually acceptable political solution that would ensure the self-determination of the people of Western Sahara under agreements aligned with the principles and objectives enshrined in the Charter of the United Nations, as set out in the Resolutions of the UN Security Council, in particular Resolutions 2152 (2014), 2218 (2015), 2385 (2016); 2351 (2017) and 2414 (2018).

(4)

Since the Association Agreement came into force, products from Western Sahara certified to be of Moroccan origin have been imported to the Union, benefiting from the tariff preferences laid down in its relevant provisions.

(5)

However, in its judgment in Case C-104/16 P (2), the Court of Justice specified that the Association Agreement covered the territory of the Kingdom of Morocco alone and not Western Sahara, which is a non-self-governing territory.

(6)

It should be ensured that the trade flows developed over the years are not disrupted, while establishing appropriate guarantees for the protection of international law, including human rights, and sustainable development in the territories concerned. On 29 May 2017, the Council authorised the Commission to open negotiations with the Kingdom of Morocco with a view to establishing, in accordance with the judgment of the Court of Justice, a legal basis to grant the tariff preferences laid down in the Association Agreement to products originating in Western Sahara. An agreement between the European Union and the Kingdom of Morocco is the only means of ensuring that the import of products originating in Western Sahara benefits from preferential origin, given that only the Moroccan authorities are able to ensure compliance with the rules necessary for the granting of such preferences.

(7)

The Commission assessed the potential consequences of such an Agreement for sustainable development, particularly with regard to the advantages and disadvantages for the people concerned arising from the tariff preferences given to products from Western Sahara and the exploitation of the natural resources of the territories in question. The effects of tariff benefits on employment, human rights and the exploitation of natural resources are very difficult to measure as they are by nature indirect. Moreover, it is not easy to obtain objective information on this issue.

(8)

Nonetheless, the assessment indicates that, overall, the advantages for the economy of Western Sahara arising from the granting of the tariff preferences laid down in the Association Agreement to products originating in Western Sahara, such as the powerful leverage effect it represents for economic growth and thus social development, outweigh the disadvantages raised in the consultation process, such as the extensive use of natural resources, especially underground water reserves, for which measures have been taken.

(9)

It has been assessed that the extension of tariff preferences to products originating in Western Sahara will have a positive overall effect for the people concerned. It can be expected that this effect should continue and may even be enhanced in the future. The assessment indicates that extending the benefit of tariff preferences to Western Saharan products will promote the conditions for investment and foster substantial and rapid growth favourable to local jobs. The existence in Western Sahara of economic and production activities that would benefit greatly from the tariff preferences laid down in the Association Agreement shows that failure to grant tariff preferences would significantly jeopardise exports from Western Sahara, especially those of fishery and agricultural products. It is assessed that by stimulating investment, the granting of tariff preferences should have a positive impact on the development of Western Sahara's economy.

(10)

Having regard to the considerations on consent in the ruling of the Court of Justice, the Commission, in liaison with the European External Action Service, has taken all reasonable and feasible steps in the current context to adequately involve the people concerned in order to ascertain their consent to the agreement. Wide-ranging consultations were conducted and the majority of the social, economic and political stakeholders who participated in the consultations stated that they were in favour of extending the tariff preferences in the Association Agreement to Western Sahara. Those who rejected the idea felt essentially that such an Agreement should affirm Morocco's position on Western Sahara. However, the text of the Agreement does not imply that it recognises Morocco's sovereignty over Western Sahara. The Union will also continue to step up its efforts in support of the process, initiated and pursued through the United Nations, working towards a peaceful resolution of the dispute.

(11)

The Commission has thus negotiated, on behalf of the Union, an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Association Agreement (the ‘Agreement’), which was initialled on 31 January 2018.

(12)

The Agreement helps achieve the aims pursued by the Union under Article 21 of the Treaty on European Union.

(13)

Therefore, the Agreement should be signed,

HAS ADOPTED THIS DECISION:

Article 1

The signature, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (the ‘Agreement’), is approved, subject to the conclusion of that Agreement (3).

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 3

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

Done at Brussels, 16 July 2018.

For the Council

The President

F. MOGHERINI


(1)  OJ L 70, 18.3.2000, p. 2.

(2)  Judgment of the Court of Justice of 21 December 2016, Council of the European Union v Polisario Front, C-104/16 P, ECLI:EU:C:2016:973.

(3)  The text of the Agreement will be published together with the decision on its conclusion.


REGULATIONS

6.12.2018   

EN

Official Journal of the European Union

L 310/4


COMMISSION REGULATION (EU) 2018/1894

of 30 November 2018

establishing a prohibition of fishing for Norway lobster in areas 8a, 8b, 8d and 8e by vessels flying the flag of Belgium

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, 30 November 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

38/TQ120

Member State

Belgium

Stock

NEP/8ABDE.

Species

Norway lobster (Nephrops norvegicus)

Zone

8a, 8b, 8d and 8e

Closing date

6.10.2018


6.12.2018   

EN

Official Journal of the European Union

L 310/6


COMMISSION REGULATION (EU) 2018/1895

of 30 November 2018

establishing a prohibition of fishing for megrims in areas 8a, 8b, 8d and 8e by vessels flying the flag of Belgium

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, 30 November 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

37/TQ120

Member State

Belgium

Stock

LEZ/*8ABDE (special condition to LEZ/07.)

Species

Megrims (Lepidorhombus spp.)

Zone

8a, 8b, 8d and 8e

Closing date

6.10.2018


6.12.2018   

EN

Official Journal of the European Union

L 310/8


COMMISSION REGULATION (EU) 2018/1896

of 30 November 2018

establishing a prohibition of fishing for hake in areas 8a, 8b, 8d and 8e by vessels flying the flag of Belgium

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, 30 November 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

36/TQ120

Member State

Belgium

Stock

HKE/8ABDE. including HKE/*57-14

Species

Hake (Merluccius merluccius)

Zone

8a, 8b, 8d and 8e

Closing date

6.10.2018


6.12.2018   

EN

Official Journal of the European Union

L 310/10


COMMISSION REGULATION (EU) 2018/1897

of 30 November 2018

establishing a prohibition of fishing for skates and rays in Union waters of 8 and 9 by vessels flying the flag of Belgium

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, 30 November 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

35/TQ120

Member State

Belgium

Stock

SRX/89-C. including RJC/89-C., RJH/89-C., RJN/89-C., RJU/8-C. and RJU/9-C.

Species

Skates and rays (Rajiformes)

Zone

Union waters of 8 and 9

Closing date

6.10.2018


6.12.2018   

EN

Official Journal of the European Union

L 310/12


COMMISSION REGULATION (EU) 2018/1898

of 30 November 2018

establishing a prohibition of fishing for plaice in areas 8, 9 and 10; Union waters of CECAF 34.1.1 by vessels flying the flag of Belgium

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, 30 November 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

34/TQ120

Member State

Belgium

Stock

PLE/8/3411

Species

Plaice (Pleuronectes platessa)

Zone

8, 9 and 10; Union waters of CECAF 34.1.1

Closing date

6.10.2018


6.12.2018   

EN

Official Journal of the European Union

L 310/14


COMMISSION REGULATION (EU) 2018/1899

of 30 November 2018

establishing a prohibition of fishing for whiting in area 8 by vessels flying the flag of Belgium

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, 30 November 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

33/TQ120

Member State

Belgium

Stock

WHG/08.

Species

Whiting (Merlangius merlangus)

Zone

8

Closing date

6.10.2018


6.12.2018   

EN

Official Journal of the European Union

L 310/16


COMMISSION REGULATION (EU) 2018/1900

of 30 November 2018

establishing a prohibition of fishing for cod in subdivisions 22-24 by vessels flying the flag of Poland

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) 2017/1970 (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, 30 November 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) 2017/1970 of 27 October 2017 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2017/127 (OJ L 281, 31.10.2017, p. 1).


ANNEX

No

30/TQ1970

Member State

Poland

Stock

COD/3BC+24

Species

Cod (Gadus morhua)

Zone

Subdivisions 22-24

Closing date

4.10.2018


6.12.2018   

EN

Official Journal of the European Union

L 310/18


COMMISSION REGULATION (EU) 2018/1901

of 30 November 2018

establishing a prohibition of fishing for anglerfish in areas 8a, 8b, 8d and 8e by vessels flying the flag of Belgium

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, 30 November 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

32/TQ120

Member State

Belgium

Stock

ANF/*8ABDE (special condition to ANF/07.)

Species

Anglerfish (Lophiidae)

Zone

8a, 8b, 8d and 8e

Closing date

6.10.2018


6.12.2018   

EN

Official Journal of the European Union

L 310/20


COMMISSION REGULATION (EU) 2018/1902

of 30 November 2018

establishing a prohibition of fishing for common sole in areas 8a and 8b by vessels flying the flag of Belgium

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, 30 November 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

31/TQ120

Member State

Belgium

Stock

SOL/8AB.

Species

Common sole (Solea solea)

Zone

8a and 8b

Closing date

6.10.2018


6.12.2018   

EN

Official Journal of the European Union

L 310/22


COMMISSION REGULATION (EU) 2018/1903

of 5 December 2018

correcting Annexes IV, VI and VII to Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, and correcting certain language versions of Annexes II, IV, V and VI to that Regulation

(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 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (1), and in particular Article 27(1) thereof,

Whereas:

(1)

Following the adoption of Commission Regulation (EU) 2017/2279 (2), an error was detected in point 2 of the Annex to that Regulation replacing Part A of Annex IV to Regulation (EC) No 767/2009 as regards the declared content of ash insoluble in hydrochloric acid. As a result, no tolerance levels were established for a content of ash insoluble in hydrochloric acid of 5 %.

(2)

An omission was detected in points 3 and 4 of the Annex to Regulation (EU) 2017/2279 replacing point 7 of Chapter I of Annex VI and point 8 of Chapter I of Annex VII to Regulation (EC) No 767/2009. This led to ambiguity as regards the scope of the provisions on the voluntary labelling of sensory or nutritional feed additives.

(3)

Regulation (EC) No 767/2009 should therefore be corrected accordingly.

(4)

The Croatian, Czech, English, Estonian, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Romanian, Slovak, Slovenian, Spanish and Swedish language versions of Regulation (EU) 2017/2279 contain an error where that Regulation replaced the term ‘crude oils and fats’ by the term ‘crude fat’ in Annexes IV, VI and VII to Regulation (EC) No 767/2009, but erroneously omitted to do so also in Annexes II and V to that Regulation.

(5)

The German language version of Regulation (EU) 2017/2279 contains a number of errors. There is an error in point 2 of the Annex to that Regulation replacing Part A of Annex IV to Regulation (EC) No 767/2009 as regards the percentage values of moisture content. Point 3 of the Annex to Regulation (EU) 2017/2279 replacing Annex VI to Regulation (EC) No 767/2009 contains errors as regards the abbreviated name of flavouring compounds and as regards the target species for the mandatory labelling requirements for lysine and methionine.

(6)

The Croatian, Czech, English, Estonian, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Romanian, Slovak, Slovenian, Spanish and Swedish language versions of Regulation (EC) No 767/2009 should therefore be corrected accordingly. The other language versions are not concerned by these corrections.

(7)

Since safety reasons do not require the immediate application of the corrections to the Annexes, in order to avoid unnecessary disruption of commercial practices and not to create an unnecessary administrative burden on the operators, it is appropriate to provide for transitional measures allowing a smooth conversion of labelling.

(8)

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

Regulation (EC) No 767/2009 is corrected as follows:

(1)

in point 2 of Part A of Annex IV, in the second column of the table in row ‘ash insoluble in hydrochloric acid’, the content of the cell ‘1 - < 5’ is replaced by ‘1 - 5’;

(2)

point 7 of Chapter I of Annex VI is replaced by the following:

‘7.

Without prejudice to point 6, where a sensory or nutritional feed additive is labelled on a voluntary basis, the added amount shall be indicated in accordance with point 1 or in case of feed additives of the functional group vitamins, pro-vitamins and chemically well-defined substances having similar effect, the total amount guaranteed during the complete shelf-life shall be indicated in accordance with point 2.’;

(3)

point 8 of Chapter I of Annex VII is replaced by the following:

‘8.

Without prejudice to point 7, where a sensory or nutritional feed additive is labelled on a voluntary basis, the added amount shall be indicated in accordance with point 1 or in case of feed additives of the functional group vitamins, pro-vitamins and chemically well-defined substances having similar effect, the total amount guaranteed during the complete shelf-life shall be indicated in accordance with point 2.’;

(4)

in point 5 of Annex II and in the third column in rows 3, 5, 12, 15, 16 and 18 of the table in Annex V, the term ‘crude oils and fats’ is replaced by the term ‘crude fat’;

(5)

(does not concern the English language).

Article 2

1.   Feed materials and compound feed which have been labelled before 26 December 2019 in accordance with the rules applicable before 26 December 2018 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for food-producing animals.

2.   Feed materials and compound feed which have been labelled before 26 December 2020 in accordance with the rules applicable before 26 December 2018 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for non-food-producing animals.

Article 3

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, 5 December 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 229, 1.9.2009, p. 1.

(2)  Commission Regulation (EU) 2017/2279 of 11 December 2017 amending Annexes II, IV, VI, VII and VIII to Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed (OJ L 328, 12.12.2017, p. 3).


DECISIONS

6.12.2018   

EN

Official Journal of the European Union

L 310/25


COUNCIL IMPLEMENTING DECISION (EU) 2018/1904

of 4 December 2018

authorising the Netherlands to introduce a special measure derogating from Article 285 of Directive 2006/112/EC on the common system of value added tax

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1), and in particular Article 395(1) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

Pursuant to the first paragraph of Article 285 of Directive 2006/112/EC, Member States which have not exercised the option under Article 14 of Council Directive 67/228/EEC (2) may exempt taxable persons whose annual turnover is no higher than EUR 5 000 from value added tax (VAT) or the equivalent in national currency.

(2)

By letter registered with the Commission on 19 July 2018, the Netherlands requested authorisation to introduce a special measure derogating from Article 285 of Directive 2006/112/EC in order to apply an exemption threshold of EUR 25 000. Through that special measure taxable persons whose annual turnover is no higher than EUR 25 000 would be exempt from certain or all of the obligations in relation to VAT as referred to in Chapters 2 to 6 of Title XI of Directive 2006/112/EC.

(3)

A higher threshold for the special scheme for small enterprises set out in Articles 281 to 294 of Directive 2006/112/EC is a simplification measure, as it may significantly reduce the VAT obligations of small enterprises. That special scheme is optional for taxable persons.

(4)

In accordance with the second subparagraph of Article 395(2) of Directive 2006/112/EC, the Commission transmitted the request of the Netherlands to the other Member States by letters dated 9 August 2018, with the exception of Spain and Cyprus, to which the request was transmitted by letters dated 10 August 2018. By letter dated 13 August 2018, the Commission notified the Netherlands that it had all the information necessary for the appraisal of the request.

(5)

The requested derogation is in line with the policy objectives of the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 25 June 2008 – ‘Think Small First’ – A ‘Small Business Act’ for Europe.

(6)

Given that the Netherlands expects that the increased threshold will result in reduced VAT obligations and thus a reduction in administrative burdens and compliance costs for small enterprises, the Netherlands should be authorised to apply the special measure for a limited period of time, until 31 December 2022. The special scheme for small enterprises is optional, so taxable persons would still be able to opt for the normal VAT arrangements.

(7)

As Articles 281 to 294 of Directive 2006/112/EC governing the special scheme for small enterprises are subject to review, it is possible that a directive amending those Articles will be adopted and will set a date from which Member States are to apply national provisions before the period of validity of the derogation expires on 31 December 2022. In that case, this Decision should cease to apply.

(8)

Based on information provided by the Netherlands, the increased threshold will only have a negligible impact on the overall amount of the tax revenue of the Netherlands collected at the final stage of consumption.

(9)

The derogation has no impact on the Union's own resources accruing from VAT because the Netherlands is to carry out a compensation calculation in accordance with Article 6 of Council Regulation (EEC, Euratom) No 1553/89 (3),

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Article 285 of Directive 2006/112/EC, the Netherlands is authorised to exempt taxable persons whose annual turnover is no higher than EUR 25 000 from VAT.

Article 2

This Decision shall apply from 1 January 2020 until the earlier of the following two dates:

(a)

31 December 2022;

(b)

the date from which Member States are to apply any national provisions that they are required to adopt in the event that a directive is adopted amending Articles 281 to 294 of Directive 2006/112/EC governing the special scheme for small enterprises.

Article 3

This Decision shall take effect on the date of its notification.

Article 4

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 4 December 2018.

For the Council

The President

H. LÖGER


(1)  OJ L 347, 11.12.2006, p. 1.

(2)  Second Council Directive 67/228/EEC of 11 April 1967 on the harmonisation of legislation of Member States concerning turnover taxes – Structure and procedures for application of the common system of value added tax (OJ 71, 14.4.1967, p. 1303/67).

(3)  Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (OJ L 155, 7.6.1989, p. 9).


6.12.2018   

EN

Official Journal of the European Union

L 310/27


COMMISSION DECISION (EU) 2018/1905

of 28 November 2018

on the proposed citizens' initiative entitled ‘EU wide referendum whether the European Citizens want the United Kingdom to remain or to leave!’

(notified under document C(2018) 8006)

(Only the English text is authentic)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens' initiative (1), and in particular Article 4 thereof,

Whereas:

(1)

The subject matter of the proposed initiative entitled ‘EU wide referendum whether the European Citizens want the United Kingdom to remain or to leave!’ is stated as follows: ‘All European Citicens should have the possibility to express their politicical opinion, whether they wish the United Kingdom to stay in the European Union’.

(2)

The main objectives of the proposed initiative are: ‘This referendum is not a binding plebiscite but a public opinion poll. European Commission should support this public opinion poll giving all European Citicens in all 28 memberstates, the possibility to express their wish whether the Brexit should happen or not. We hope that we can count on the 100 %th support of the European Commission, primarily because we believe that it cannot be tolerated that all European citizens, were misled in a public referendum by promises and statements which in no way reflect reality.’

(3)

The Treaty on European Union (TEU) reinforces citizenship of the Union and enhances further the democratic functioning of the Union by providing, inter alia, that every citizen is to have the right to participate in the democratic life of the Union by way of a European citizens' initiative.

(4)

To this end, the procedures and conditions required for the citizens' initiative should be clear, simple, user-friendly and proportionate to the nature of the citizens' initiative so as to encourage participation by citizens and to make the Union more accessible.

(5)

The right of any Member State to withdraw from the European Union is enshrined in Article 50(1) of the TEU, according to which any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.

(6)

While the European Commission regrets the decision of the United Kingdom to withdraw from the European Union, as stated by Jean-Claude Juncker, President of the European Commission jointly with Martin Schulz, President of the European Parliament, Donald Tusk, President of the European Council and Mark Rutte, Holder of the Presidency of the Council of the European Union, on 24 June 2016 (2), there is no legal basis in the Treaties which would allow for the adoption of a legal act relating to the decision-making process within a Member State in connection with the notification of that Member State's intention to withdraw from the Union pursuant to Article 50 TEU.

(7)

For these reasons, the proposed citizens' initiative entitled ‘EU wide referendum whether the European Citizens want the United Kingdom to remain or to leave!’ manifestly falls outside the framework of the Commission's powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties within the meaning of Article 4(2)(b) of the Regulation, read in conjunction with Article 2, point 1, thereof,

HAS ADOPTED THIS DECISION:

Article 1

The registration of the proposed initiative entitled ‘EU wide referendum whether the European Citizens want the United Kingdom to remain or to leave!’ is hereby refused.

Article 2

This Decision is addressed to the organisers (members of the citizens' committee) of the proposed citizens' initiative called ‘EU wide referendum whether the European Citizens want the United Kingdom to remain or to leave!’, represented by Erich Hutter and Tanja Glušič acting as contact persons.

Done at Brussels, 28 November 2018.

For the Commission

Frans TIMMERMANS

Vice-President


(1)  OJ L 65, 11.3.2011, p. 1.

(2)  http://europa.eu/rapid/press-release_STATEMENT-16-2329_en.htm


6.12.2018   

EN

Official Journal of the European Union

L 310/29


COMMISSION IMPLEMENTING DECISION (EU) 2018/1906

of 30 November 2018

amending Implementing Decision (EU) 2016/2323 to update the European List of ship recycling facilities established pursuant to Regulation (EU) No 1257/2013 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (1), and in particular Article 16 thereof,

Whereas:

(1)

Article 6(2) of Regulation (EU) No 1257/2013 requires ship owners to ensure that ships destined to be recycled are only recycled at ship recycling facilities included in the European List of ship recycling facilities published pursuant to Article 16 of that Regulation.

(2)

The European List is set out in Commission Implementing Decision (EU) 2016/2323 (2), as last amended by Commission Implementing Decision (EU) 2018/1478 (3).

(3)

Denmark has informed the Commission that a ship recycling facility (4) located in its territory has been authorised by the competent authority in accordance with Article 14 of Regulation (EU) No 1257/2013. Denmark has provided the Commission with all information relevant for that facility to be included in the European List. The European List should therefore be updated to include that facility.

(4)

Italy has informed the Commission that a ship recycling facility (5) located in its territory has been authorised by the competent authority in accordance with Article 14 of Regulation (EU) No 1257/2013. Italy has provided the Commission with all information relevant for that facility to be included in the European List. The European List should therefore be updated to include that facility.

(5)

Finland has informed the Commission that a ship recycling facility (6) located in its territory has been authorised by the competent authority in accordance with Article 14 of Regulation (EU) No 1257/2013. Finland has provided the Commission with all information relevant for that facility to be included in the European List. The European List should therefore be updated to include that facility.

(6)

The Commission has received applications in accordance with Article 15(1) of Regulation (EU) No 1257/2013 for two ship recycling facilities (7) located in Turkey to be included in the European List. Having assessed the information and supporting evidence provided or gathered in accordance with Article 15 of Regulation (EU) No 1257/2013, the Commission considers that the facilities comply with the requirements set out in Articles 13 of that Regulation to conduct ship recycling and to be included in the European List. The European List should therefore be updated to include those facilities.

(7)

The Commission has received an application in accordance with Article 15(1) of Regulation (EU) No 1257/2013 for a ship recycling facility (8) located in the United States of America to be included in the European List. Having assessed the information and supporting evidence provided or gathered in accordance with Article 15 of that Regulation, the Commission considers that the facility complies with the requirements set out in Articles 13 of that Regulation to conduct ship recycling and to be included in the European List. The European List should therefore be updated to include that facility.

(8)

Moreover, it is necessary to correct a few data errors and inconsistencies detected in the entries of the European List.

(9)

Implementing Decision (EU) 2016/2323 should therefore be amended accordingly.

(10)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 25 of Regulation (EU) No 1257/2013,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Implementing Decision (EU) 2016/2323 is replaced by the text in the Annex to this Decision.

Article 2

This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 30 November 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 330, 10.12.2013, p. 1.

(2)  Commission Implementing Decision (EU) 2016/2323 of 19 December 2016 establishing the European List of ship recycling facilities pursuant to Regulation (EU) No 1257/2013 of the European Parliament and of the Council on ship recycling (OJ L 345, 20.12.2016, p. 119).

(3)  Commission Implementing Decision (EU) 2018/1478 of 3 October 2018 amending Implementing Decision (EU) 2016/2323 to update the European List of ship recycling facilities established pursuant to Regulation (EU) No 1257/2013 of the European Parliament and of the Council (OJ L 249, 4.10.2018, p. 6).

(4)  Modern American Recycling Services Europe

(5)  San Giorgio del Porto S.p.A.

(6)  Turun Korjaustelakka Oy

(7)  Leyal Gemi Söküm Sanayi ve Tícaret Ltd and Leyal Demtaș Gemi Söküm Sanayi ve Ticaret A.Ș.

(8)  International Shipbreaking Limited, L.L.C.


ANNEX

‘ANNEX

THE EUROPEAN LIST OF SHIP RECYCLING FACILITIES REFERRED TO IN ARTICLE 16 OF REGULATION (EU) No 1257/2013

PART A

Ship recycling facilities located in a Member State

Name of the facility

Method of recycling

Type and size of ships that can be recycled

Limitations and conditions under which the ship recycling facility operates, including as regards hazardous waste management

Details on the explicit or tacit procedure for the approval of the ship recycling plan by the competent authority (1)

Maximum annual ship recycling output, calculated as the sum of the weight of ships expressed in LDT that have been recycled in a given year in that facility (2)

Date of expiry of inclusion in the European List (3)

BELGIUM

NV Galloo Recycling Ghent

Scheepszatestraat 9

9000 Gent

BELGIUM

Phone: +32 92512521

Email: peter.wyntin@galloo.com

Alongside (wet berth), slope

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions:

Length: 265 meters

Width: 36 meters

Draught: 12,5 meters

 

Tacit approval, with a maximum review period of 30 days

34 000  (4)

31 March 2020

DENMARK

Fornæs ApS

Rolshøjvej 12-16

8500 Grenå

DENMARK

www.fornaes.dk

Dismantling by quay and subsequent scrapping on impermeable floors with effective drainage systems

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions:

Length: 150 meters

Width: 25 meters

Draught: 6 meters

GT: 10 000

The municipality of Norddjurs has the right to allocate Hazardous waste for environmentally approved reception facilities.

Tacit approval, maximum review period of 14 days

30 000  (5)

30 June 2021

Modern American Recycling Services Europe (M.A.R.S)

Sandholm 60

9900 Frederikshavn

DENMARK

Website: http://www.modernamericanrecyclingservices.com/

Email: Kristi@marsrecyclers.com

Clipping and flame cutting after the item for dismantling has been placed in a slipway facility

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions:

Length: 290 meters

Width: 90 meters

Draught: 14 meters

The conditions under which the ship recycling facility operates are defined in the Environmental Permit of 9 March 2018 issued by the Municipality of Frederikshavn

The Municipality of Frederikshavn has the right to allocate hazardous waste to environmentally approved reception facilities, as set out in the Environmental Permit for the ship recycling facility.

The facility must not store hazardous waste for more than one year.

Tacit approval by the Municipality of Frederikshavn with a review period of 2 weeks.

0 (6)

23 August 2023

Smedegaarden A/S

Vikingkaj 5

6700 Esbjerg

DENMARK

www.smedegaarden.net

Dismantling by quay and subsequent scrapping on impermeable floors with effective drainage systems

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions:

Length: 170 meters

Width: 40 meters

Draught: 7,5 meters

 

Tacit approval, maximum review period of 14 days

20 000  (7)

15 September 2021

ESTONIA

OÜ BLRT Refonda Baltic

Afloat at the quayside and in the floating dock

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions:

Length: 197 meters

Width: 32 meters

Draught: 9,6 meters

GT: 28 000

Waste permit No. L.JÄ/327249. Hazardous waste management licence No 0222. Rules of the Vene-Balti Port, Manual on Ships Recycling MSR-Refonda. Environmental Management System, Waste management EP 4.4.6-1-13

The facility can recycle only these hazardous materials for which it has been licensed.

Tacit approval, with a maximum review period of 30 days.

21 852  (8)

15 February 2021

SPAIN

DDR VESSELS XXI, S.L.

Port of ‘El Musel’

Gijon

SPAIN

Phone: +34 630144416

Email: abarredo@ddr-vessels.com

Dismantling ramp

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013, except nuclear ships.

Maximum ship dimensions:

Length: 169,9 meters

(Ships above that size which can operate a zero rollover or negative ramp movement may be accepted depending on the outcome of a detailed feasibility study)

The limitations are included in the integrated environmental authorisation.

Explicit approval by the Harbour Masters Office of the port where the facility is located

0 (9)

28 July 2020

FRANCE

Démonaval Recycling

ZI du Malaquis

Rue François Arago

76580 LE TRAIT

FRANCE

Phone: + 33 769791280

Email: patrick@demonaval-recycling.fr

Alongside, drydock

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions (drydock):

Length: 140 meters

Width: 25 meters

Depth: 5 meters

Environmental limitations are defined in the prefectural authorisation.

Explicit approval – The competent authority for the approval decision is the minister of environment

0 (10)

11 December 2022

Gardet & De Bezenac Recycling /Groupe Baudelet Environnement – GIE MUG

616, Boulevard Jules Durand

76600 Le Havre

FRANCE

Phone: +33 2359516 34

Email: infos@gardet-bezenac.com

Floating and slipway

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions:

Length: 150 meters

Width: 18 meters

LDT: 7 000

Environmental limitations are defined in the prefectural authorisation.

Explicit approval – The competent authority for the approval decision is the minister of environment.

16 000  (11)

30 December 2021

Grand Port Maritime de Bordeaux

152, Quai de Bacalan - CS 41320 - 33082 Bordeaux Cedex

FRANCE

Phone: +33 556905800

Email: maintenance@bordeaux-port.fr

Alongside, drydock

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions (drydock):

Length: 240 meters

Width: 37 meters

Depth: 17 meters

Environmental limitations are defined in the prefectural authorisation.

Explicit approval – The competent authority for the approval decision is the minister of environment.

18 000  (12)

21 October 2021

Les Recycleurs bretons

Zone Industrielle de Kerbriant 29 610 Plouigneau

FRANCE

Phone: +33 298011106

Email: navaleo@navaleo.fr

Alongside, drydock

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions (drydock):

Length: 225 meters

Width: 34 meters

Depth: 27 meters

Environmental limitations are defined in the prefectural authorisation.

Explicit approval – The competent authority for the approval decision is the minister of environment.

5 500  (13)

24 May 2021

ITALY

San Giorgio del Porto S.p.A.

Calata Boccardo 8

16128 Genova

ITALY

Phone:+39 010251561

Email: segreteria@sgdp.it; sangiorgiodelporto@legalmail.it

www.sgdp.it

Alongside, drydock

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions:

Length: 350 meters

Width: 75 meters

Immersion: 16 meters

GT: 130 000

The limitations and restrictions are included in the integrated environmental authorisation.

The facility has a Ship Recycling Facility Plan that meets the requirements of Regulation (EU) No 1257/2013

Explicit approval

38 564  (14)

6 June 2023

LATVIA

A/S ‘Tosmares kuģubūvētava’

Ģenerāļa Baloža street 42/44, Liepaja, LV-3402

LATVIA

Phone: +371 63401919

Email: shipyard@tosmare.lv

Ship dismantling (wet berth and dry dock)

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions:

Length: 165 m

Width:22 m

Depth: 7 m

DWT:14 000

GT: 200 - 12 000

Weight:

100 - 5 000 tonnes

LDT: 100 - 5 000

See national permit No. LI10IB0024.

Explicit approval — written notification in 30 working days

0 (15)

11 June 2020

LITHUANIA

UAB APK

Minijos 180 (berth 133A)

LT 93269, Klaipėda,

LITHUANIA

Phone: +370 46365776

Fax +370 46365776

Email: uab.apk@gmail.com

Alongside (wet berth)

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions:

Length: 130 meters

Width: 35 meters

Depth: 10 meters

GT: 3 500

See national permit No. TL-KL.1-15/2015

Explicit approval — written notification in 30 working days

1 500  (16)

17 March 2020

UAB Armar

Minijos 180 (berths 127A, 131A)

LT 93269, Klaipėda,

LITHUANIA

Phone: +370 68532607

Email: armar.uab@gmail.com; albatrosas33@gmail.com

Alongside (wet berth)

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions (berth 127A):

Length: 80 meters

Width: 16 meters

Depth: 6 meters

GT: 1 500

Maximum ship dimensions (berth 131A):

Length: 80 meters

Width: 16 meters

Depth: 5 meters

GT: 1 500

See national permit No. TL-KL.1-16/2015 (berth 127A)

See national permit No. TL-KL.1-51/2017 (berth 131A)

Explicit approval — written notification in 30 working days

3 910  (17)

17 March 2020

(berth 127A)

19 April 2022

(berth 131A)

UAB Vakaru refonda

Minijos 180 (berths 129, 130, 131A, 131, 132, 133A), LT 93269, Klaipėda,

LITHUANIA

Phone: +370 46483940/483891

Fax +370 46483891

Email: refonda@wsy.lt

Alongside (wet berth)

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions:

Length: 230 meters

Width: 55 meters

Depth: 14 meters

GT: 70 000

See national permit No. (11.2)-30-161/2011/TL-KL.1-18/2015

Explicit approval — written notification in 30 working days

20 140  (18)

21 May 2020

THE NETHERLANDS

Keppel-Verolme

Prof. Gerbrandyweg 25

3197 KK Rotterdam-Botlek

THE NETHERLANDS

Phone: +31 181234353

Email: mzoethout@keppelverolme.nl

Shipbreaking

Maximum ship dimensions:

Length: 405 meters

Width: 90 meters

Depth: 11,6 meters

The site has a permit to operate; this permit contains limitations and conditions to operate in an environmental sound manner.

Explicit approval

52 000  (19)

21 July 2021

Scheepssloperij Nederland B.V.

Havenweg 1; 3295 XZ s-Gravendeel

Postbus 5234; 3295 ZJ s-Gravendeel

THE NETHERLANDS

Phone: +31 786736055

Email: info@sloperij-nederland.nl

Shipbreaking

Maximum ship dimensions:

Length: 200 meters

Width: 33 meters

Depth: 6 meters

Height: 45 meters (Botlekbridge)

Recycling operations start on water to make the hull lighter; the winch to haul ships on the ramp can pull 2 000 tonnes.

The site has a permit to operate; this permit contains limitations and conditions to operate in an environmental sound manner.

Explicit approval

9 300  (20)

27 September 2021

PORTUGAL

Navalria - Docas, Construções e Reparações Navais

Porto Comercial, Terminal Sul, Apartado 39, 3811-901 Aveiro

PORTUGAL

Phone: +351 234378970, +351 232767700

Email: info@navalria.pt

Drydock dismantling,

decontamination and dismantling on an horizontal plane and inclined plane, according to the ship's size

Nominal capacity of the horizontal plane: 700 tonnes

Nominal capacity of the inclined plane: 900 tonnes

Conditions applied to the activity are defined in specifications annexed to Title AL n.o 5/2015/CCDRC, of 26 January 2016

Explicit approval

1 900  (21)

26 January 2020

FINLAND

Turun Korjaustelakka Oy (Turku Repair Yard Ltd)

Navirentie 9

21110 Naantali

FINLAND

Phone: +358 405106952

Email try@turkurepairyard.com

Alongside, drydock

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions:

Length: 250 meters

Width: 40 meters

Draught: 7,9 meters

The limitations are included in the national environmental permit.

Tacit approval, with a maximum review period of 30 days.

20 000  (22)

1 October 2023

UNITED KINGDOM

Able UK Limited

Teesside Environmental Reclamation and Recycling Centre

Graythorp Dock

Tees Road

Hartlepool

Cleveland

TS25 2DB

UNITED KINGDOM

Phone: +44 1642806080

Email: info@ableuk.com

Ship dismantling and associated treatment authorised with dry dock and wet berth

Any ship within the dimensions authorised within the permit.

Maximum ship dimensions:

Length: 337,5 meters

Beam: 120 meters

Draft: 6,65 meters

The facility has a Ship Recycling Facility Plan that meets the requirements of Regulation (EU) No 1257/2013.

The site is authorised by way of a permit (Reference EPR/VP3296ZM) that limits the operations and places conditions on the operator of the facility.

Explicit approval

66 340  (23)

6 October 2020

Dales Marine Services Ltd

Imperial Dry Dock

Leith

Edinburgh

EH6 7DR

UNITED KINGDOM

Contact:

Phone: +44 1314543380

Email: leithadmin@dalesmarine.co.uk; b.robertson@dalesmarine.co.uk

Ship dismantling and associated treatment authorised within a drydock, and wet berth

Any ship up to a maximum of 7 000 tonnes

Maximum ship dimensions:

Length: 165 meters

Beam: 21 meters

Draft: 7,7 meters

The facility has a Ship Recycling Facility Plan that meets the requirements of Regulation (EU) No 1257/2013. The site is authorised by way of a licence (Ref: WML L 1157331) that limits the operations and places conditions on the operator of the facility.

Explicit approval

7 275  (24)

2 November 2022

Harland and Wolff Heavy Industries Limited

Queen's Island

Belfast

BT3 9DU

UNITED KINGDOM

Phone: +44 2890458456

Email: trevor.hutchinson@harland-wolff.com

Ship dismantling and associated treatment authorised with dry dock, and wet berth

Any ship with the dimensions detailed in the agreed Working Plan.

Maximum ship dimensions:

The main dock (the largest) is 556 m × 93 m × 1,2 m DWT, and can take vessels up to this size. This largest dry dock is 1,2 million DWT.

The facility has a Ship Recycling Facility Plan that meets the requirements of Regulation (EU) No 1257/2013.

The site is authorised by way of a waste management licence, authorisation number LN/07/21/V2 that limits the operations and places conditions on the operator of the facility.

Explicit approval

13 200  (25)

3 August 2020

Swansea Drydock Ltd

Prince of Wales Dry Dock

Swansea

Wales

SA1 1LY

UNITED KINGDOM

Phone: +44 1792654592

Email: info@swanseadrydocks.com

Ship dismantling and associated treatment authorised with dry dock, and wet berth

Any ship within the dimensions authorised within the permit.

Maximum ship dimensions:

Length: 200 meters

Beam: 27 meters

Draft: 7 meters

Site has a Ship Recycling Facility Plan that meets with the requirements of Regulation (EU) No 1257/2013.

The site is authorised by way of a permit (Reference EPR/UP3298VL) that limits the operations and places conditions on the operator of the facility.

Explicit approval

7 275  (26)

2 July 2020

PART B

Ship recycling facilities located in a third country

Name of the facility

Method of recycling

Type and size of ships that can be recycled

Limitations and conditions under which the ship recycling facility operates, including as regards hazardous waste management

Details on the explicit or tacit procedure for the approval of the ship recycling plan by the competent authority (27)

Maximum annual ship recycling output, calculated as the sum of the weight of ships expressed in LDT that have been recycled in a given year in that facility (28)

Date of expiry of inclusion in the European List (29)

TURKEY

LEYAL GEMİ SÖKÜM SANAYİ ve TİCARET LTD.

Gemi Söküm Tesisleri

Parcel 3-4 Aliaga,

Izmir 35800

TURKEY

Phone: +90 2326182030

Email: info@leyal.com.tr

Landing method

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions:

Length: no limit

Width: 100 meters

Draught: 15 meters

The site has a Ship Dismantling Permit, issued by the Ministry of Environment and Urban Planning, and a Ship Dismantling Authorisation Certificate, issued by the Ministry of Transport, Maritime Affairs and Communication, which contain limitations and conditions under which the facility operates.

Hazardous wastes are handled by SRAT (Ship Recycling Association of Turkey) which operates under the necessary licence issued by the Ministry of Environment and Urban Planning.

Tacit approval

The ship recycling plan (SRP) is part of a set of documents, surveys and permits/licences that are submitted to the competent authorities in order to obtain permission to dismantle a ship.

The SRP is neither explicitly approved nor rejected as a standalone document.

55 495  (30)

9.12.2023

LEYAL-DEMTAŞ GEMİ SÖKÜM SANAYİ ve TİCARET A.Ş.

Gemi Söküm Tesisleri

Parcel 25 Aliaga,

Izmir 35800

TURKEY

Phone: +90 2326182065

Email: demtas@leyal.com.tr

Landing method

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions:

Length: no limit

Width: 63 meters

Draught: 15 meters

The site has a Ship Dismantling Permit, issued by the Ministry of Environment and Urban Planning, and a Ship Dismantling Authorisation Certificate, issued by the Ministry of Transport, Maritime Affairs and Communication, which contain limitations and conditions under which the facility operates.

Hazardous wastes are handled by SRAT (Ship Recycling Association of Turkey) which operates under the necessary licence issued by the Ministry of Environment and Urban Planning.

Tacit approval

The ship recycling plan (SRP) is part of a set of documents, surveys and permits/licences that are submitted to the competent authorities in order to obtain permission to dismantle a ship.

The SRP is neither explicitly approved nor rejected as a standalone document.

50 350  (31)

9.12.2023

UNITED STATES OF AMERICA

International Shipbreaking Limited L.L.C

18601 R.L Ostos Road Brownsville TX, 78521

UNITED STATES

Phone: +1 9568312299

Email: chris.green@internationalshipbreaking.com

robert.berry@internationalshipbreaking.com

Alongside (wet berth), slope

Ships as defined in point (1) of Article 3(1) of Regulation (EU) No 1257/2013

Maximum ship dimensions:

Length: 335 meters Width: 48 meters Draught: 9 meters

The conditions under which the facility is authorised to operate are defined in permits, certificates and authorisations issued to the facility by the Environmental Protection Agency, the Texas Commission of Environmental Quality, the Texas General Land Office and the U.S Coast Guard.

The U.S. Toxic Substances Control Act prohibits the import into the US of foreign flagged vessels that contain PCB concentrations greater than 50 parts per million.

The facility has two slips with ramps for final vessel recycling (East Slip and West Slip). Ships flying a flag of EU Member States shall be recycled exclusively on the East Slip ramp.

There is currently no procedure in US law related to the approval of ship recycling plans

120 000  (32)

9.12.2023


(1)  As referred to in Article 7(3) of Regulation (EU) No 1257/2013 on ship recycling

(2)  As referred to in the third sentence of Article 32(1)(a) of Regulation (EU) No 1257/2013

(3)  The date of expiry of inclusion in the European List corresponds to the date of expiry of the permit or authorisation granted to the facility in the Member State.

(4)  According to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 50 000 LDT per year.

(5)  According to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 50 000 LDT per year.

(6)  According to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 200 000 LDT per year.

(7)  According to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 50 000 LDT per year.

(8)  According to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 15 000 LDT per year.

(9)  According to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 60 000 LDT per year.

(10)  According to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 15 000 LDT per year.

(11)  According to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 18 000 LDT per year.

(12)  According to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 23 000 LDT per year.

(13)  According to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 10 000 LDT per year.

(14)  According to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 60 000 LDT per year.

(15)  According to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 15 000 LDT per year.

(16)  According to its permit, the facility is authorised to recycle a maximum 30 000 LDT per year.

(17)  According to its permits, the facility is authorised to recycle a maximum 12 000 LDT per year (6 000 LDT per berth).

(18)  According to its permit, the facility is authorised to recycle a maximum 45 000 LDT per year.

(19)  According to its permit, the theoretical maximum annual ship recycling capacity of the facility is 100 000 LDT per year.

(20)  According to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 45 000 LDT per year.

(21)  According to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 5 000 LDT per year

(22)  According to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 40 000 LDT per year

(23)  According to its permit, the facility is authorised to recycle a maximum of 230 000 LDT per year.

(24)  According to its permit, the facility is authorised to recycle a maximum of 7 275 LDT per year.

(25)  According to its permit, the facility is authorised to recycle a maximum of 300 000 LDT per year.

(26)  According to its permit, the facility is authorised to recycle a maximum of 74 999 LDT per year.

(27)  As referred to in Article 7(3) of Regulation (EU) No 1257/2013 on ship recycling.

(28)  As referred to in the third sentence of Article 32(1)(a) of Regulation (EU) No 1257/2013.

(29)  The inclusion of a ship recycling facility located in a third country in the European List is valid for a period of five years from the date of entry into force of the relevant Commission Implementing Decision which provides for the inclusion of that facility, unless otherwise stated.

(30)  The theoretical maximum annual ship recycling capacity of the facility is 80 000 LDT per year.

(31)  The theoretical maximum annual ship recycling capacity of the facility is 60 000 LDT per year.

(32)  The theoretical maximum annual ship recycling capacity of the facility is 120 000 LDT per year.


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