L:2019:263:FULL

EUR-Lex

Access to European Union law

This document is an excerpt from the EUR-Lex website

EUROPA
EUR-Lex home
EUR-Lex - L:2019:263:FULL - EN

Help

Search tips

Need more search options? Use the Advanced search

Document L:2019:263:FULL

Help

Official Journal of the European Union, L 263, 16 October 2019

Display all documents published in this Official Journal

HTML

PDF

e-signature

How to verify the authenticity of the Official Journal

		ISSN 1977-0677
Official Journal of the European Union		L 263

English edition	Legislation	Volume 62 16 October 2019

Contents		II Non-legislative acts	page
		REGULATIONS
	*	Commission implementing regulation (EU) 2019/1725 of 9 October 2019 entering a name in the register of protected designations of origin and protected geographical indications Telemea de Sibiu (PGI)	1
	*	Commission Implementing Regulation (EU) 2019/1726 of 15 October 2019 operating deductions from fishing quotas available for certain stocks in 2019 on account of overfishing in the previous years	3
		DECISIONS
	*	Council Decision (EU) 2019/1727 of 7 October 2019 on the position to be adopted on behalf of the European Union at the Second Ministerial Meeting of the Bonn Agreement with regard to the Ministerial Declaration and the Bonn Agreement Strategic Action Plan (BASAP) 2019-2025 annexed thereto	9
	*	Commission Implementing Decision (EU) 2019/1728 of 15 October 2019 on harmonised standards for toys drafted in support of Directive 2009/48/EC of the European Parliament and of the Council	32
	*	Commission Implementing Decision (EU) 2019/1729 of 15 October 2019 on the harmonised standard for conformity assessment drafted in support of Regulations (EC) No 765/2008 and (EC) No 1221/2009 of the European Parliament and of the Council, Directive 2006/42/EC of the European Parliament and of the Council and Union acts incorporating the reference provisions of Decision No 768/2008/EC of the European Parliament and of the Council ( 1 )	36

		Corrigenda
	*	Corrigendum to Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy ( Official Journal of the European Union L 301 of 27 November 2018 )	41


	(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

16.10.2019

Official Journal of the European Union

L 263/1

COMMISSION IMPLEMENTING REGULATION (EU) 2019/1725

of 9 October 2019

entering a name in the register of protected designations of origin and protected geographical indications ‘Telemea de Sibiu’ (PGI)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

(1)	Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Romania’s application to register the name ‘Telemea de Sibiu’ was published in the Official Journal of the European Union (2).

(2)	As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Telemea de Sibiu’ should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Telemea de Sibiu’ (PGI) is hereby entered in the register.

The name specified in the first paragraph denotes a product in Class 1.3. — Cheeses, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

Article 2

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

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

Done at Brussels, 9 October 2019.

For the Commission,

On behalf of the President,

Phil HOGAN

Member of the Commission

(1) OJ L 343, 14.12.2012, p. 1.

(2) OJ C 203, 17.6.2019, p. 7.

(3) Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).

16.10.2019

Official Journal of the European Union

L 263/3

COMMISSION IMPLEMENTING REGULATION (EU) 2019/1726

of 15 October 2019

operating deductions from fishing quotas available for certain stocks in 2019 on account of overfishing in the previous years

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (1), and in particular Article 105(1), (2) and (3) thereof,

Whereas:

(1)

Fishing quotas for the year 2018 have been established by:

—	Council Regulation (EU) 2016/2285 (2),

—	Council Regulation (EU) 2017/1970 (3),

—	Council Regulation (EU) 2017/2360 (4), and

—	Council Regulation (EU) 2018/120 (5).

(2)

Fishing quotas for the year 2019 have been established by:

—	Council Regulation (EU) 2018/1628 (6),

—	Council Regulation (EU) 2018/2025 (7),

—	Council Regulation (EU) 2018/2058 (8), and

—	Council Regulation (EU) 2019/124 (9).

(3)	Pursuant to Article 105(1) of Regulation (EC) No 1224/2009, when the Commission has established that a Member State has exceeded the fishing quotas which have been allocated to it, the Commission is to operate deductions from future fishing quotas of that Member State.

(4)	Article 105(2) and (3) of Regulation (EC) No 1224/2009 provides that such deductions have to be operated in the following year or years by applying the respective multiplying factors as set out therein.

(5)	Certain Member States have exceeded their fishing quotas for the year 2018. It is therefore appropriate to operate deductions on the fishing quotas allocated to them in 2019 and, where relevant, in subsequent years, for the overfished stocks.

(6)

Commission Implementing Regulation (EU) 2018/1969 (10) and Commission Implementing Regulation (EU) 2019/479 (11) have provided for deductions from fishing quotas for certain countries and species for 2018. However, for certain Member States, the deductions to be applied for some species were higher than the respective quotas available in 2018 and could therefore not be operated entirely in that year. To ensure that in such cases the full amount for the respective stocks be deducted, the remaining quantities should be taken into account when establishing deductions for 2019 and, where appropriate, from subsequent quotas.

(7)

Following changes in the stock area definitions set up in Regulation (EU) 2019/124, the remaining deduction applicable to Belgium due to overfishing of undulate ray in Union waters of 7d (RJU/07D.) in the year 2017 should be applied to the 2019 quota for undulate ray in Union waters of 7d and 7e (RJU/7DE.).

(8)	Deductions from fishing quotas, as provided for by this Regulation, should apply without prejudice to deductions applicable to 2019 quotas pursuant to Commission Implementing Regulation (EU) No 185/2013 (12).

(9)	Since quotas are expressed in tonnes, overfishing involving quantities of less than one tonne should not be considered,

HAS ADOPTED THIS REGULATION:

Article 1

1. The fishing quotas fixed in Regulations (EU) 2018/1628, (EU) 2018/2025, (EU) 2018/2058, and (EU) 2019/124 for the year 2019 shall be reduced as set out in the Annex to this Regulation.

2. Paragraph 1 shall apply without prejudice to deductions provided for in Implementing Regulation (EU) No 185/2013.

Article 2

This Regulation shall enter into force on the seventh 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, 15 October 2019.

For the Commission

The President

Jean-Claude JUNCKER

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

(2) Council Regulation (EU) 2016/2285 of 12 December 2016 fixing for 2017 and 2018 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks and amending Council Regulation (EU) 2016/72 (OJ L 344, 17.12.2016, p. 32).

(3) 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).

(4) Council Regulation (EU) 2017/2360 of 11 December 2017 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea (OJ L 337, 19.12.2017, p. 1).

(5) 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).

(6) Council Regulation (EU) 2018/1628 of 30 October 2018 fixing for 2019 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2018/120 as regards certain fishing opportunities in other waters (OJ L 272, 31.10.2018, p. 1).

(7) Council Regulation (EU) 2018/2025 of 17 December 2018 fixing for 2019 and 2020 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 325, 20.12.2018, p. 7).

(8) Council Regulation (EU) 2018/2058 of 17 December 2018 fixing for 2019 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea (OJ L 329, 27.12.2018, p. 8).

(9) Council Regulation (EU) 2019/124 of 30 January 2019 fixing for 2019 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 (OJ L 29, 31.1.2019, p. 1).

(10) Commission Implementing Regulation (EU) 2018/1969 of 12 December 2018 operating deductions from fishing quotas available for certain stocks in 2018 on account of overfishing in the previous years (OJ L 316, 13.12.2018, p. 12).

(11) Commission Implementing Regulation (EU) 2019/479 of 22 March 2019 operating deductions from fishing quotas available for certain stocks in 2018 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2018/1969 (OJ L 82, 25.3.2019, p. 6).

(12) Commission Implementing Regulation (EU) No 185/2013 of 5 March 2013 providing for deductions from certain fishing quotas allocated to Spain in 2013 and subsequent years on account of overfishing of a certain mackerel quota in 2009 (OJ L 62, 6.3.2013, p. 1).

ANNEX

DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2019 FOR STOCKS WHICH HAVE BEEN OVERFISHED

Member State	Species code	Area code	Species name	Area name	Initial quota 2018 (in kilograms)	Permitted landings 2018 (Total adapted quantity in kilograms) (1)	Total catches 2018 (quantity in kilograms)	Quota consumption related to permitted landings	Overfishing related to permitted landing (quantity in kilograms)	Multiplying factor (2)	Additional Multiplying factor (3) , (4)	Outstanding deductions from previous year(s) (5) (quantity in kilograms)	Deductions to apply in 2019 (quantity in kilograms)
BE	RJE	7FG.	Small-eyed ray	Union waters of 7f and 7g	14 000	15 400	19 888	129,14 %	4 488	1,00	/	/	4 488
BE	RJU	07D. (6)	Undulate ray	Union waters of 7d	2 000	969	1 394	143,86 %	425 (7)	N/A	N/A	2 617	2 617
DE	COD	3BC+24	Cod	Subdivisions 22-24	1 194 000	1 349 400	1 393 360	103,26 %	43 960	/	C (8)	/	43 960
DK	COD	3BC+24	Cod	Subdivisions 22-24	2 444 000	2 594 270	2 617 780	100,91 %	23 510	/	C (8)	/	23 510
ES	BET	ATLANT	Bigeye tuna	Atlantic Ocean	9 791 920	9 281 920	9 756 069	105,11 %	474 149	/	C (8)	/	474 149
ES	GHL	1N2AB.	Greenland halibut	Norwegian waters of 1 and 2	/	0	27 736	N/A	27 736	1,00	A	/	41 604
ES	GHL	N3LMNO	Greenland halibut	NAFO 3LMNO	4 534 000	4 496 772	4 508 020	100,25 %	11 248	/	A (8)+C (8)	/	11 248
ES	NEP	*07U16	Norway lobster	Functional Unit 16 of ICES Subarea 7	825 000	155 000	158 375	102,18 %	3 375	/	/	/	3 375
ES	RJU	9-C.	Undulate ray	Union waters of 9	15 000	15 000	17 067	113,78 %	2 067	1,00	/	/	2 067
ES	YFT	IOTC	Yellowfin tuna	IOTC Area of Competence	45 682 000	45 354 940	44 964 373	99,14 %	– 390 567 (9)	N/A	N/A	2 138 460	2 138 460
EE	COD	N3M.	Cod	NAFO 3M	124 000	916 170	953 232	104,05 %	37 062	/	/	/	37 062
FR	GHL	1N2AB.	Greenland halibut	Norwegian waters of 1 and 2	/	0	18 084	N/A	18 084	1,00	/	/	18 084
IE	HER	07A/MM	Herring	7a	1 826 000	1 850 311	1 979 666	106,99 %	129 355	/	/	/	129 355
IE	MAC	2CX14-	Mackerel	6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14	69 141 000	66 541 055	66 965 925	100,64 %	424 870	/	/	/	424 870
NL	POK	2C3A4	Saithe	3a and 4; Union waters of 2a	110 000	210 994	265 115	125,65 %	54 121	1,00	/	/	54 121
NL	WHG	56-14	Whiting	6; Union and international waters of 5b; international waters of 12 and 14	/	0	4 492	N/A	4 492	1,00	/	/	4 492
PL	COD	3BC+24	Cod	Subdivisions 22-24	654 000	786 200	858 164	109,15 %	71 964	/	C (8)	32 331	104 295
PT	ALF	3X14-	Alfonsinos	Union and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV	182 000	179 044	184 010	102,77 %	4 966	/	/	/	4 966
PT	BET	ATLANT	Bigeye tuna	Atlantic Ocean	3 717 470	4 152 470	4 405 184	106,09 %	252 714	/	C (8)	/	252 714
PT	BFT	AE45WM	Bluefin tuna	Atlantic Ocean, east of 45° W, and Mediterranean	470 190	437 190	450 343	103,01 %	13 153	/	C (8)	/	13 153
PT	BUM	ATLANT	Blue marlin	Atlantic Ocean	50 440	45 428	74 337	163,64 %	28 909	1,00	A	/	43 364
PT	RJU	9-C.	Undulate ray	Union waters of 9	15 000	33 000	36 295	109,98 %	3 295	/	/	/	3 295
UK	COD	N1GL14	Cod	Greenland waters of NAFO 1F and Greenland waters of 5, 12 and 14	382 000	497 520	512 187	102,95 %	14 667	/	/	/	14 667
UK	GHL	1N2AB.	Greenland halibut	Norwegian waters of 1 and 2	25 000	22 000	24 434	111,06 %	2 434	1,00	/	/	2 434
UK	HER	4AB.	Herring	Union and Norwegian waters of 4 north of 53° 30′ N	79 381 000	84 694 795	84 739 599	100,05 %	44 804	/	/	/	44 804
UK	MAC	2CX14-	Mackerel	6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14	190 143 000	186 253 028	189 644 893	101,82 %	3 391 865	/	A (8)	/	3 391 865
UK	POK	1N2AB.	Saithe	Norwegian waters of 1 and 2	182 000	459 700	463 509	100,83 %	3 809	/	/	/	3 809
UK	RHG	5B67-	Roughhead grenadier	Union and international waters of Vb, VI and VII	1 510	1 510	7 588	502,52 %	6 078	1,00	/	/	6 078
UK	WHG	56-14	Whiting	6; Union and international waters of 5b; international waters of 12 and 14	122 000	124 060	139 470	112,42 %	15 410	1,00	/	/	15 410

(1) Quotas available to a Member State pursuant to the relevant fishing opportunities Regulations after taking into account exchanges of fishing opportunities in accordance with Article 16(8) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (OJ L 354, 28.12.2013, p. 22), quota transfers from 2017 to 2018 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 (OJ L 115, 9.5.1996, p. 3) and with Article 15(9) of Regulation (EU) No 1380/2013 or reallocation and deduction of fishing opportunities in accordance with Articles 37 and 105 of Regulation (EC) No 1224/2009.

(2) As set out in Article 105(2) of Regulation (EC) No 1224/2009. Deduction equal to the overfishing * 1,00 shall apply in all cases of overfishing equal to, or less than, 100 tonnes.

(3) As set out in Article 105(3) of Regulation (EC) No 1224/2009 and provided that the extent of overfishing exceeds 10 %.

(4) Letter ‘A’ indicates that an additional multiplying factor of 1,5 has been applied due to consecutive overfishing in the years 2016, 2017 and 2018. Letter ‘C’ indicates that an additional multiplying factor of 1,5 has been applied as the stock is subject to a multiannual plan.

(5) Remaining quantities from previous year(s).

(6) To be deducted from RJU/7DE. (Union waters of 7d and 7e).

(7) Quantities below 1 tonne are not considered.

(8) Additional multiplying factor not applicable because the overfishing does not exceed 10 % of the permitted landings.

(9) The deduction cannot be reduced by this unused quantity as Article 4 of Regulation (EC) No 847/96 is not applicable to the YFT/IOTC stock.

DECISIONS

16.10.2019

Official Journal of the European Union

L 263/9

COUNCIL DECISION (EU) 2019/1727

of 7 October 2019

on the position to be adopted on behalf of the European Union at the Second Ministerial Meeting of the Bonn Agreement with regard to the Ministerial Declaration and the Bonn Agreement Strategic Action Plan (BASAP) 2019-2025 annexed thereto

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 191 and 196, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

The Agreement for Co-operation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances (‘the Bonn Agreement’) (1) was concluded by the European Economic Community by Council Decision 84/358/EEC (2). The Bonn Agreement entered into force on 1 September 1989. The Bonn Agreement was amended in 1989. Those amendments entered into force on 1 April 1994. The European Economic Community approved those amendments by Council Decision 93/540/EEC (3).

(2)

The Bonn Agreement celebrates its 50th anniversary in 2019. On that occasion, the Contracting Parties intend to adopt a Ministerial Declaration during the Second Ministerial Meeting of the Bonn Agreement in the presence of Intergovernmental Organisations and Observers from neighbouring regions, responsible for dealing with pollution of the Greater North Sea and its approaches by oil and other harmful substances to be held in Bonn on 11 October 2019 (‘the Ministerial Declaration’).

(3)

Acknowledging 50 years of successful cooperation within the framework of the Bonn Agreement and recognising the common benefit of further invigorating regional cooperation to prevent, prepare for and respond to accidental and illegal marine pollution from maritime activities in the Greater North Sea and its approaches, the Ministerial Declaration seeks to set out a common vision of a Greater North Sea and its approaches, free from accidental, avoidable and deliberate pollution from shipping, offshore oil and gas operations and from other maritime activities.

(4)

As a strong commitment to pursue such a vision, the Ministerial Declaration is to attest to the re-invigorated efforts by the Contracting Parties to the Bonn Agreement to accomplish agreed objectives and to achieve better prevention, preparedness and response to marine pollution in the Greater North Sea and its approaches. To that effect, the Contracting Parties intend to adopt the Bonn Agreement Strategic Action Plan 2019-2025, which is to be annexed to the Ministerial Declaration and sets out ambitious strategic aims, operational objectives and actions for their implementation for the period 2019-2025.

(5)	It is important to establish the position to be adopted on the Union’s behalf during the Second Ministerial Meeting of the Bonn Agreement, as the decision to be adopted at the meeting will have legal effect in the Union.

(6)

As the Union is a Contracting Party to the Bonn Agreement and is interested in enhancing cooperation in dealing with pollution of the Greater North Sea and its approaches, it is appropriate to sign and support the Ministerial Declaration, which endorses the Bonn Agreement Strategic Action Plan 2019-2025 annexed thereto,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on the Union’s behalf at the Second Ministerial Meeting to the Bonn Agreement shall be to agree to the adoption of the Ministerial Declaration and the Bonn Agreement Strategic Action Plan (BASAP) 2019-2025 annexed thereto, which are attached to this Decision.

Minor changes to the Ministerial Declaration and the Bonn Agreement Strategic Action Plan (BASAP) 2019-2025 annexed thereto may be agreed upon without further decision of the Council.

Article 2

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

Done at Luxembourg, 7 October 2019.

For the Council

The President

A.-M. HENRIKSSON

(1) OJ L 188, 16.7.1984, p. 9.

(2) Council Decision 84/358/EEC of 28 June 1984 concerning the conclusion of the Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances (OJ L 188, 16.7.1984, p. 7).

(3) Council Decision 93/540/EEC of 18 October 1993 approving certain amendments to the Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances (Bonn Agreement) (OJ L 263, 22.10.1993, p. 51).

DRAFT Ministerial Declaration

Bonn, Germany 11 October 2019

WE THE MINISTERS AND THE MEMBER OF THE EUROPEAN COMMISSION, responsible for dealing with pollution of the Greater North Sea and its Approaches by oil and other harmful substances have met in Bonn on 11 October 2019 for the Second Ministerial Meeting of the Bonn Agreement in the presence of Intergovernmental Organisations and Observers from neighbouring regions;

ACKNOWLEDGING 50 years of successful cooperation within the framework of the Bonn Agreement and RECOGNISING the common benefit of further invigorating our cooperation to prevent, prepare for and respond to accidental and illegal marine pollution from maritime activities in the Greater North Sea and its Approaches;

WELCOMING the accession of Spain to the Bonn Agreement and the realignment of the Zone of Responsibility between France and Spain, following which the scope of the Bonn Agreement maritime area will include the Bay of Biscay;

AIMING to strengthen the protection of our coastal and marine environment from marine pollution as a result of activities in the Greater North Sea and its Approaches and the way in which we cooperate on pollution prevention, preparedness and response;

TAKING INTO ACCOUNT the role of the International Maritime Organization (IMO) in regulating global shipping to protect the marine environment and human health, the development of an Integrated Maritime Policy for the European Union and relevant EU legislation (1) in relation to marine pollution and incidents;

CONTINUING to coordinate the national efforts at a (sub-)regional scale, for the benefit of all and considering the reporting obligations by the Contracting Parties;

MAKING USE of widely accepted information systems that are defined as standard within competent international organisations;

NOTING both the continuing growth of maritime transport and other maritime activities such as offshore oil and gas exploitation and the fact that, despite the decrease in the number of observed spills during recent years, risks will always remain;

Have ADOPTED the following joint Declaration:

1.	We have a vision of a Greater North Sea and its Approaches free from accidental, avoidable and deliberate pollution from shipping, offshore oil and gas operations and other maritime activities.

We welcome the regulations from IMO that have resulted in a reduction of marine pollution. Nevertheless, despite the wide range of measures taken in recent years, accidental and illegal pollution with substances other than oil remains a significant threat for the Greater North Sea and its Approaches.

3.	We are acutely aware of the economic and social value of our marine and coastal environment and recognise that the costs of adequate resources for marine pollution prevention, preparedness and response are low compared to those arising from remediation after major pollution incidents.

We stress the importance of efficient maritime emergency prevention, preparedness and response. We reaffirm our commitment for active cooperation under the Bonn Agreement on planning, training and operational testing of emergency response systems, including joint operational response exercises. We recognise the importance of the overall European cooperation through the Emergency Response Coordination Centre (ERCC) and in coordination with the European Maritime Safety Agency (EMSA).

We welcome the well-established system for aerial and satellite surveillance of shipping, offshore oil and gas operations and other maritime activities in the Greater North Sea and its Approaches as an important aid for detecting possible pollution and discouraging illegal discharges at sea and implementing our commitments under the MARPOL Convention.

We welcome national and regional use of Remotely Piloted Aircraft Systems (RPAS) established as new services for maritime surveillance, air emissions from maritime transport monitoring and pollution response and encourage the Contracting Parties to share knowledge and experience on their national RPAS systems and their role in enforcement practices.

We reaffirm our commitment to continue national flight programmes and joint operations such as Coordinated Extended Pollution Control Operations (CEPCOs) and welcome the satellite imagery service provided by EMSA through CleanSeaNet as a contribution to better preparedness and prevention of pollution.

We welcome the development and continuous update of the Bonn Agreement manuals and codes, including the Counter Pollution Manual and Bonn Agreement Oil Appearance Code that provide unique information sources for pollution prevention, preparedness and response work and have been recognised globally in the context of the International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC) and its Hazardous and Noxious Substances (HNS) Protocol.

We reaffirm our commitment to maintain and keep up to date the Bonn Agreement Joint Response Plans to maritime incidents (i.e. the DENGERNETH Plan, MANCHEPLAN, NORBRIT Plan, Quadripartite Zone Plan), providing an important tool to initiate response activities across borders immediately after an incident, irrespective of the national zone of responsibility in which the spill originated.

10.

Recognising the changing risks from increasing transport of hazardous and noxious substances, larger ships, autonomous ships, new fuels, persistently high traffic densities, offshore oil and gas operations and other maritime activities, we note the importance of maintaining an adequate balance of resources for ensuring efficient pollution prevention and response work in the Greater North Sea and its Approaches. We agree that further development of response capacities in the Bonn Agreement area should be based on national and joint risk assessments.

11.

We reaffirm our joint commitment to the prevention of marine pollution affecting air quality by collaboration on, and collective contribution to, implementation and enforcement of international marine pollution rules and standards, also ensuring a level playing field for economic operators. We reiterate the success of the implementation of Directive (EU) 2016/802 (2) reflecting the low sulphur requirements for SOx-Emission Control areas (0,10 % of maximum sulphur content as of 2015) and we recall as well the latest IMO commitments to ensure the consistent implementation of the global sulphur cap (0,50 % as of 2020) under Annex VI to the MARPOL Convention. The coordinated and robust enforcement regime for these requirements, including in the North Sea SOx-Emission Control Area, together with a high compliance rate of ships across the EU, resulted in significant reductions of sulphur dioxide pollution in coastal regions and cities. We welcome the development of our joint commitment to collectively contribute to the surveillance for the enforcement of MARPOL Annex VI, and the entry into force of the North Sea as a NOx (Nitrogen Oxides) Emission Control Area (NECA) from 2021. The Contracting Parties retain the right to freely choose their means of participation for the surveillance measures.

12.

We recognise that provisions such as the designation of the North Sea as a Special Area under MARPOL Annexes I and V will not be effective unless properly enforced. In this context we welcome the successful work of the North Sea Network of Investigators and Prosecutors in promoting enforcement of pollution rules and standards and agree to continue cooperation with the Network on enforcement of all relevant Annexes to the MARPOL Convention.

13.

We reaffirm our commitment for the proper implementation and enforcement of the Directive 2005/35/EC 3 on ship-source pollution infringement (as amended), in particular as regards monitoring and enforcement cooperation, the fulfilment of reporting obligations and effective penalties, including criminal penalties, for pollution offences.

14.	We welcome the adoption of the revised Directive on Port Reception Facilities3 by the Council and the European Parliament and commit to exchange of information and to cooperate in order to prevent unlawful waste discharges at sea.

15.

We welcome the adoption of the new output by IMO on ‘Evaluation and harmonization of rules and guidance on the discharge of liquid effluents from EGCS into waters, including conditions and areas’ as an important tool to gain a better understanding of the effects of washwater discharged by scrubbers/ exhaust gas cleaning systems (EGCS) on the marine environment.

16.

We stress the need for coordinated research and development programmes in order to ensure counter-pollution measures are executed with best available techniques and equipment when dealing with existing and future challenges, for example, the introduction and increased use of new fuels, designed to comply with increasing stringent emission regulations, appear to demand innovative response techniques. We reaffirm that decision making processes are supported by the best available knowledge, methods and supportive tools. We note the identification of priorities for Research and Development under the Bonn Agreement Strategic Action Plan 2019-2025.

17.

We note the development of integrated approaches to maritime governance and the importance of strengthening our cooperation with the relevant maritime sectors and bodies in order to move towards more holistic management of our seas, with the objective of achieving good environmental status of marine waters in accordance with the EU Marine Strategy Framework Directive (3).

18.	We welcome the ‘IMO Action Plan to Address Marine Plastic Litter from Ships’ that aims to enhance the existing regulations and introduces new supporting measures to tackle the significant problem posed by marine plastics in the marine environment.

19.

We reaffirm our commitment to cooperate with other competent international and regional organisations and bodies, in particular the International Maritime Organization (IMO), OSPAR and HELSINKI Commissions, Lisbon Agreement, Copenhagen Agreement, Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC), Organisation for Economic Co-operation and Development (OECD) and the Arctic Council, with a view to share experience and good practices, and achieve our common goals.

In view of the above and as a strong commitment to pursue our vision, we attest the re-invigorated efforts to accomplish agreed objectives and to achieve better prevention, preparedness and response to marine pollution in the Greater North Sea and its Approaches and have ADOPTED the Bonn Agreement Strategic Action Plan 2019-2025, as in Annex 1, setting out ambitious strategic aims, operational objectives and actions for their implementation for the period 2019-2025.

(1) Norway is not a Member of the European Union. Norway contributes on the basis of equivalent national legislation and EU legislation by which they are bound as member of the European Economic Area (EEA).

(2) Commission report on implementation and compliance with the sulphur standards for marine fuels set out in Directive (EU) 2016/802, COM(2018) 188 final, 16.4.2018.

(3) Norway is not a Member of the European Union. Norway contributes on the basis of equivalent national legislation and EU legislation by which they are bound as member of the European Economic Area (EEA).

DRAFT Bonn Agreement Strategy Action Plan (BASAP)

2019-2025

Introduction

The core work of the Bonn Agreement is to cooperate regionally in preventing and combating marine pollution in the Greater North Sea from ships and offshore installations; to carry out surveillance as an aid to detecting and combating pollution at sea; cleaning up after maritime disasters and pollution offences. These are the achievements that come from 50 years’ scientific, technical and operational work of the Bonn Agreement. The Contracting Parties to the Bonn Agreement have cooperated to create great expertise in handling threats to the marine environment, and are ready to meet new challenges with the cooperation of Contracting Parties and engage with the international community.

The Bonn Agreement is the oldest regional agreement established by governments for responding to pollution incidents. The Agreement is the mechanism by which the North Sea States, and the European Union, work together to assist each other in combating pollution from maritime disasters and chronic pollution from ships and offshore installations in the North Sea Area. It was signed in 1969 by the eight states bordering the North Sea: Belgium, Denmark, Germany, France, the Netherlands, Norway, Sweden and the United Kingdom, shortly after the oil tanker ‘Torrey Canyon’ broke up off Cornwall in 1967 spilling 117 000 tonnes of oil in the first major pollution disaster affecting Western Europe. However, the Bonn Agreement was not activated until the late 1970s after two other major pollution incidents had occurred: the ‘Ekofisk’ blow-out in 1977 and the ‘Amoco Cadiz’ in 1978. The Agreement has continued to function effectively ever since and was extended in 1983 to include other harmful substances and in 1987 to cover cooperation in surveillance. Further expansion took place in 2010 when Ireland joined and the Agreement was widened to cover Irish waters and related Norwegian and UK waters.

Despite the overall decrease in the number of accidental oil spills in European waters, major accidental oil spills (i.e. those greater than 20 000 tonnes) still occur at irregular intervals. Although land-based discharges constitute the largest source of oil that enters the ocean each year, accidental oil spills are still a major source of pollution accounting for about 10-15 per cent of all oil that enters the ocean world-wide every year.

The BASAP 2019-2025 is intended to facilitate the implementation of the Bonn Agreement in order to contribute to the prevention of marine pollution at large and meet future challenges, like the inevitable paradigm shift in energy and natural resources markets, the environmental challenges that were identified by the Paris Agreement 2015 and the pressure on marine spatial planning that can introduce other risks at sea. Given these developments and the spectacular decrease of accidental oil spills in European waters over the last 30 years, oil spill responders have to broaden their focus from oil to all kinds of marine pollution that can be measured and/or cleaned. A key new challenge for the Bonn Agreement, identified through the SWOT analysis, will be on air pollution that is affecting the ecosystems and the health of citizens in coastal areas, with high population density (MARPOL Annex VI).

The BASAP 2019-2025 is implemented by its Contracting Parties by:

—	keeping their zones of responsibility under surveillance for threats of marine pollution, pollution of the related air space over the sea, including coordinating aerial and satellite surveillance;

—	alerting each other to such threats;

—	adopting common operational approaches, so that they can rely on each other to achieve the necessary standards of prevention and clean-up;

—	adopting common and coordinated operational approaches for the compliance monitoring and enforcement of MARPOL Annex VI;

—	supporting each other (when asked to do so) in response operations;

—	sharing research and development as well as good practices; and

—	carrying out joint exercises.

Vision

The vision of the Bonn Agreement is of:

A clean Greater North Sea without accidental and illegal pollution from shipping and other maritime activities

The Greater North Sea supports diverse and productive ecosystems and is essential for the daily lives of millions of people. Part of the Greater North Sea contains some of the busiest shipping lanes in the world. The vision of the Bonn Agreement is therefore to minimise as far as practically possible the threat of pollution from accidental and illegal pollution from ships and other maritime activities.

To achieve its vision the Bonn Agreement has agreed the following Strategic Aims:

(a)

Identify and address emerging issues in the maritime sector at large effecting the marine environment within the scope of the Bonn Agreement;

Identify and evaluate emerging opportunities to reduce risks to the marine environment based on best available techniques (BAT) and best environmental practices (BEP)

Identify and evaluate new approaches to monitoring to ensure best available techniques and best environmental practices are followed;

Respond as appropriate to newly identified risks to the marine environment taking into account recommendations from OTSOPA; and

Make full use of the BE-AWARE projects I and II, to identify the most effective future risk reduction and response measures.

Strategic Aims

A. Prevention of illegal and accidental pollution by collaboration and collective enforcement of international maritime pollution rules and standards, including the compliance of MARPOL Annexes

Despite the wide range of measures taken in recent years, illegal and accidental pollution remains a significant threat for the Greater North Sea. Collaboration in their effective and efficient enforcement is a major tool in safeguarding the marine environment.

The international regulations on marine pollution come from the 1973 International Convention for the Prevention of Pollution from Ships (MARPOL), which was updated in 1978. MARPOL was developed by the International Maritime Organization (IMO) and is aimed at preventing and minimising pollution from ships — both accidental and from routine operations with the following six technical annexes covering marine pollution by, see Annex I: Current MARPOL texts for Annex I to Annex VI

Annex I — Regulations for the Prevention of Pollution by Oil

Annex II — Regulations for the Prevention of Pollution by Noxious Liquid Substances in Bulk

Annex III — Regulations for the Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form

Annex IV — Regulations for the Prevention of Pollution by Sewage from Ships

Annex V — Regulations for the Prevention of Pollution by Garbage from Ships

Annex VI — Regulations for the Prevention of Air Pollution from Ships.

Common and coordinated operational approaches must be established for the compliance monitoring to ensure uniform and consistent implementation and enforcement of MARPOL Annexes and ,in particular, for the implementation and enforcement of the North Sea Emission Control Area (ECA) under MARPOL Annex VI for sulphur and nitrogen oxides as well as in view of the entering into force in 2020 of the global sulphur limit for ships sailing outside ECAs.

B. Promotion and establishment of efficient emergency preparedness

C. Organisation of optimum response capacities

Despite all efforts to increase maritime safety there will always be the risk of incidents. Increasing levels of maritime transportation and hazardous and noxious cargos are leading to increasing risk for the marine environment. Contracting Parties have already put considerable resources into adequate response capacities. To further improve efficiency, not least in financial terms, the further development of response capacities should be based on risk assessments, gap analysis and regional and sub-regional approaches. Coordinated research and development programmes are needed to ensure counter-pollution measures are executed with best available techniques and equipment.

To achieve its strategic aims the Bonn Agreement has agreed the following operational objectives:

Operational objectives:

Operational objectives in relation to Strategic Aim A (prevention):

A.I	To undertake adequate surveillance of shipping and maritime activities in the Greater North Sea and ensure efficient reporting of observations in the Bonn Agreement zones of responsibility;

A.II	To provide management and aircrew with up to date information on the planning and conduct of counter-pollution flights within the Bonn Agreement area;

A.III

To ensure common operational approaches in the compliance monitoring of MARPOL Annexes;

A.IV	To ensure efficient gathering of evidence in the case of pollution incidents and close cooperation with investigators and prosecutors on enforcement of maritime pollution rules and standards in the Greater North Sea;

A.V	To communicate and disseminate information on the prevention of illegal and accidental pollution to the public and at expert level.

Objectives for the implementation of Strategic Aim B (preparedness):

B.I	To establish common understanding of the way in which it is appropriate to respond to maritime emergencies and ensure awareness of national contingency systems and strategies;

B.II	To maintain an adequate level of training of response staff and cooperation between combating units of the Contracting Parties and promote the preparedness for efficient multinational combating operations;

B.III

To ensure that response action by Contracting Parties is properly formulated to safeguard the marine environment and that priorities are established on the most appropriate basis;

B.IV	To cooperate with other international and European organisations as well as neighbouring maritime regions in order to identify synergies and avoid duplications.

Objectives for the implementation of Strategic Aim C (response):

C.I	To ensure that Contracting Parties have clear understanding of the ways in which the others respond to incidents, in order to promote the development of best practice;

C.II	To maintain and keep up to date common operational approaches to pollution incidents and promote the development of and common understanding of appropriate response strategies;

C.III

To promote coordinated research and development programmes on response technologies, equipment and other operational means;

C.IV	To ensure that an adequate balance of resources for response work, based on sub-regional risk-assessments, is held across the North East Atlantic area.

Actions

To achieve the Vision, Strategic Aims and Operational Objectives, the following Bonn Agreement Strategy Action Plan (BASAP) sets out specific measurable actions and realistic targets for the period 2019-2025, to guide and focus the work of Contracting Parties. The BASAP acknowledges the need to maintain well established systems and to continue work in hand necessary to continue the operational nature of the Agreement. At the same time opportunities to enhance these efforts and to develop new directions are articulated.

The Bonn Agreement has agreed the following actions:

Actions in relation to Strategic Aim A (prevention):

A.1	Execute aerial and satellite surveillance operations, including national flights, regional flights, Tour d’Horizon flights and CEPCO/SuperCEPCO flights, to detect, investigate, gather evidence and monitor spillage of oil and other harmful substances;

A.2	Maintain an efficient Standard Reporting System and to use the system to report detected pollution to the Bonn Agreement as well as to the Commission in the framework of Directive 2005/35/EC on Ship Source Pollution and to IMO;

A.3

In cooperation with the European Maritime Safety Agency make optimum use of satellite imagery and responding to the latest developments in the area of High Altitude Pseudo Satellites (HAPS) and Remotely Piloted Aircraft Systems (RPAS) made available to Greater North Sea states and establish a harmonised system throughout the Greater North Sea to improve detection of pollution incidents;

A.4	Strengthen cooperation on the detection of offences in relation to MARPOL Annex V and enforcement: V

A.5

Strengthen cooperation on the detection of offences in relation to MARPOL Annex VI and enforcement, including through the existing port state control enforcement regime, as well as applying advanced targeting tools for compliance monitoring and sharing the outcome of enforcement actions in common information systems (e.g. Thetis-EU);

A.6	Maintain and keep up to date the Aerial Operations Handbook and BAOAC Atlas;

A.7	In cooperation with the North Sea Network of Investigators and Prosecutors (NSN) maintain and keep up to date the North Sea Manual on Maritime Oil Pollution Offences;

A.8	Cooperate through OSINET on oil spill identification, including inter-calibration exercises of laboratories and further development of a common oil spill identification methods;

A.9

Strengthen cooperation with investigators and prosecutors:

a.	by 2022 — in cooperation with the NSN identify options for giving publicity to convictions for maritime pollution offences;

b.	by 2025 — in cooperation with the NSN establish procedures whereby environmental track-records of relevant shipping companies and ship-operating companies can be made available to the public.

A.10

Liaise with IMO to determine how the Bonn Agreement can further contribute to compliance of with MARPOL Annex VI taking into account the latest IMO developments regarding the implementation of the 2020 global sulphur cap (e.g. reinforced port state control regime, as well as the carriage ban for combustion purposes of fuels with sulphur content above 0,50 %);

A.11	Support process through IMO-MEPC for the review of MARPOL Annex II discharge conditions for high-viscosity and solidifying substances.

A.12	Maintain and keep up to date the Bonn Agreement website and dissemination of electronic publications (i.e. manuals, handbooks and reports);

A.13	Support/promote recommendations on preventive measures of the BE -AWARE projects.

Actions in relation to Strategic Aim B (preparedness):

B.1	Maintain and update the Chapters of the Bonn Agreement Counter Pollution Manual to make it applicable to needs;

B.2	Promote information exchange on potentially polluting wrecks and the development of national databases;

B.3	Plan and undertake regional and sub-regional operational exercises and training;

B.4	Promote the development of national environmental advice systems and related exchanges of information;

B.5

Maintain information exchange with other regional and international organisations, in particular the UCPM (Union Civil Protection Mechanism), EMSA, EPPR (Arctic Council), HELCOM, IMO, OSPAR Commission, Lisbon Agreement and REMPEC through attendance at Inter-Secretariat meetings, and where useful strengthen cooperation with these organisations, such as with regard to the joint development of a HNS Response Manual.

B.6	Strengthen cooperation with the OSPAR Commission and other international organisations involved in protecting the marine environment from pollution and offshore installations;

B.7	Developing of HNS strategy for the cooperation with other international organisations for example HELCOM/EMSA/CTGto implement OPRC principles on HNS;

B.8	Liaise with IMO to determine how the Bonn Agreement can further contribute to strengthening international OPRC-HNS-protocol implementation;

B.9	To continue to evolve response capacity based on environmental risk analysis to keep up with the changing maritime risk.

Actions in relation to Strategic Aim C (response):

C.1	Maintain a system of pollution incident reporting and identification of lessons learned;

C.2	Maintain and keep upto date joint response plans to maritime incidents (DENGERNETH Plan, MANCHEPLAN, Quadripartite Zone Plan, NorBrit Plan [Bay of Biscay Plan]);

C.3	Strengthen the development of joint approaches to wildlife response, including identification of best practice and communication of wildlife response work to the public;

C.4	Sharing lessons identified and learned from pollution response in offshore wind parks;

C.5

Promote research and development and information exchange on response technologies, equipment and other operational means, in particular on integrated surveillance sensors, response technology to respond to accidents at night and in bad visibility, under bad weather conditions, on the detection and recovery of containers lost at sea, accidents involving heavy oil and chemical accidents, and on accidents involving new generations fuels;

C.6

Förderung von Forschung und Entwicklung sowie des Informationsaustauschs in Bezug auf Einsatztechnologien, Ausrüstung und sonstige operative Mittel, insbesondere integrierte Überwachungssensoren, Technologie für die Reaktion auf Unfälle bei Nacht und schlechter Sicht, bei schlechtem Wetter, sowie für Nachweis und Bergung von auf See verlorenen Containern, Unfälle mit Schweröl und chemischen Substanzen sowie Unfälle, an denen Kraftstoffe der neuen Generation beteiligt sind;

C.7	Promote research on joint research priorities: by 2019-22 to develop a joint research proposal on new generation fuels;

C.8	Promote exchanges of information on national risk assessment systems, including emergency towing.

Addendum 1

Tasks 1-18 in relation to Strategic Aim A (prevention):

Task	Strategic Action	Description	Target date	Lead	Progress	Status

1	A.1	Execute aerial and satellite surveillance operations, including national flights, regional flights, Tour d’Horizon flights and CEPCO/SuperCEPCO flights, to detect, investigate, gather evidence and monitor spillage of oil and other harmful substances, taking into account strategic surveillance needs.	Activities undertaken throughout the year	CP		Ongoing
2	A.1	Maintain coverage and efficiency of aerial surveillance and analyse strategically surveillance needs, inter alia based on an evaluation of existing data sets of detections of observed oil pollution and other substances.		CP	CleanSeaNet — EMSA Fisheries — EU Agency EFCA NL — Task manager w/ CP NL to draft and circulate to HoDs BE — MARPOL Annex VI.
3	A.3 A.4 A.5	Consider developing minimum recommendations on surveillance operations in the Bonn Agreement area and outcomes expected (MARPOL VI, Remote Piloted Aircraft Systems).		EU (for options on streamlining maritime surveillance e.g. for fisheries and pollution purposes) BE — Co lead (Annex VI) EU — Drones	Initial MARPOL Annex VI discussions started at OTSOPA 19. EMSA started with operational RPAS service.	Ongoing
4	A.2	Maintain an efficient standard of monitoring and reporting, utilising the appropriate system to report detected pollution to the Bonn Agreement.	Activities undertaken when required	CP		Ongoing
5	A.3	In cooperation with the European Maritime Safety Agency make optimum use of satellite images, e.g. through CleanSeaNet, in order to follow-up to first alert of detection of possible pollution through aerial surveillance. and	Activities undertaken when required	CP		Ongoing
6	A.3	Report on and respond to developments of High Altitude Pseudo Satelites (HAPS)and Remote Piloted Aircraft System (RPAS).	Activities undertaken when required	CP	EU/EMSA - HAPS & RPAS	Ongoing

8	A.13	Supporting/promoting the implementation of Traffic Separation Schemes, and highlight other BE-AWARE recommendations in relation to Vessel Traffic Services, AIS in Windfarms and E-Navigation, to authorities responsible for risk reduction measures.	Ongoing	CP	Ireland, Norway and NL have had workshops	Different national departments are responsible for implementation.
9	A.6 B.I	Maintain and keep up to date the Aerial Operations Handbook.	Annually at OTSOPA	NO & CP		Ongoing
10	A.6 B.I	Maintain the online version of the Bonn Agreement Oil Appearance Code (BAOAC), including photo atlas, for air crew and expert level as part of the Bonn Agreement website redevelopment.	Activities undertaken when required	FR & CP		Ongoing
11	A.4 A.5 A.10	Strengthen and expand cooperation on the detection and observation of offences in relation to MARPOL Annexes and the contribution to enforcement and liaise with IMO.	Ongoing	CP/NSN/Sec		Ongoing
12	A.5 A.10	Consider the development of a common technical strategy and operational approach for monitoring compliance for NOx and SOx.		BE, DK (tbc), FR NL? EMSA (tbc)		New
13	A.7 A.9	Strengthen cooperation with the North Sea Network of Investigators and Prosecutors (NSN) and jointly: a. maintain and keep up to date the North Sea Manual on Maritime Oil Pollution Offences; b. arrange workshops for subjects of mutual interest; c. assist, where useful, in the publicity of convictions and establish environmental track records for shipping companies.		NL/Sec	Possible subjects for seminar 2019-25: HNS Marine Litter	Ongoing
14	A.8	Continue the activities of OSINET in order to: a. improve knowledge and experience of relevant laboratories regarding oil spill forensics, including through inter-calibration exercises; and b. keep/develop up to date analytical procedures and reference methods, including for oil sampling at sea		DE/OSINET		Ongoing
15	A.12 B.1	Maintain and keep up to date the Bonn Agreement website and dissemination of electronic publications (i.e. manuals, handbooks and reports).	Activity undertaken when required	Sec/CP	Secretariat to investigate possibility of maintaining source of decisions/actions.	Ongoing

17.	A.2	Review existing recommendations for notifications and make necessary adjustments when required.	Activity undertaken when required	CP		New
18	A.12	Implement the Bonn Agreement Communication Strategy.		Sec		Ongoing

Tasks 19-30 in relation to Strategic Aim B (Preparedness):

Task	Strategic Action	Description	Target date	Lead	Progress	Status
19	B.1 A.12	Maintain and update the different Chapters of the Bonn Agreement Counter Pollution Manual	Activity undertaken when required	CP & Sec		Ongoing
20	B.2	Continue exchange of information on potentially polluting wrecks (methods for emptying, assessing risk, etc).	Activity undertaken when required	CP		Ongoing
21	B.4 B.5	Enhance readiness to receive/offer/transit international assistance making use of the EU Host Nation Support Guidelines.	Ongoing	CP & EU		Ongoing
22	B.3	Plan and undertake regional and sub-regional operational exercises and training, taking into account strategic needs.		CP		Ongoing
23	B.3	Organise joint operational combat exercises (BONNEX DELTA), in relation to regional strategic training needs.		CP as per JAP		Ongoing
24	B.3	Establish a system for graduated joint exercises to test and train cooperation in combating spillages.	Ongoing	DK	DK has military expertise and use this to provide support for exercises.
25	B.4	Promote the development of national environmental advice systems and related exchanges of information. Consider establishing means of cooperative working (subregional)	OTSOPA 2020	UK		Ongoing
26	B.5 B.7 B.8	Strengthen cooperation with REMPEC and HELCOM on the development of a joint HNS Response Manual		SEC, FR,		New
27	B.6	Strengthen cooperation with the OSPAR Commission, regional agreements and other international organisations involved in protecting the marine environment from pollution from shipping, offshore oil and gas operations and other maritime activities, taking into account the obligations under the Marine Strategy Framework and the Water Framework Directives (1).		SEC, BE & NL; CP (info exchange on MSFD implementation)	SEC to contact OSPAR on MSFD obligation D8 regarding monitoring and assessment of significant acute pollution, and report to OTSOPA 2020 BONN 19 to consider reciprocal BA/HELCOM attendance at key meetings. (cf. BAAP 2016-19, Product A.3.3)	New

29	B.9	trend analysis of the BE-AWARE Project 2030. Evaluate and follow up on the outcomes.	Ongoing	NL & CP		New
30	B.9	Exchange information/experiences on the increasing size of vessels, renewable energy, offshore oil and gas industry, LNG fuels and port expansions, autonomous ships and radioactive materials.		CP		New

Tasks 31-40 in relation to Strategic Aim C (Response):

Task

Strategic Action

Description

Target date

Lead

Progress

Status

C.1

C.4.

Exchange information on lessons learned on incidents including in windfarms, places of refuge and waste management following pollution incidents.

OTSOPA

BONN

Ongoing

C.1

C.5

Maintain an efficient POLREP-system for the reporting of pollution incidents and the management of requests for and offers of assistance utilising the Marine Pollution Common Emergency Communication and Information System (CECIS MP) of the European Commission.

Ongoing

EU, NO, DK

6 month project with two workshops & nine countries.

Ongoing

C.2

Develop, maintain and keep up to date joint response plans to maritime incidents (DENGERNETH Plan (DE), MANCHEPLAN (UK & FR), Quadripartite Zone Plan (BE), NORBRIT Plan (UK & NO), UK and Ireland MOU), [Bay of Biscay].

Activity undertaken when required

CP concerned

Ongoing

C.3

Maintain information exchange on national wildlife response systems

Ongoing

— FR, SE & CP

Ongoing

C.7

C.6

Encourage and, if possible, carry out/perform research and development, and information exchange regarding new generation fuels.

NO+Project partners[

Proposal for DG-ECHO Call in 2019

Ongoing

C.7

C.6

Responses and preparedness in regards to new generation fuels

NO + project partners

Based on response from 35

C.6

Exchange information on and encourage further research of pollution incidents including: :

•	on accidents at night, in bad visibility and under bad weather conditions;

•	on accidents involving heavy oil and chemical accidents, possibly through externally funded projects;

•	on response technologies, equipment and other operational means, in particular on integrated surveillance sensors, oil spill drift modelling and decision-support tools, and response technologies.

Ongoing

C.6

Consideration and development of a project proposal for a regional risk assessment for HNS.

CP & Sec

Ongoing

C.6

Promote continued research on HNS, inter alia on HNS response technologies, testing of HNS properties and behaviour in non-standard conditions, and further developments in, and validation of advanced decision-support tools.

Ongoing

C.8.

Exchange of information on national risk assessment systems, including emergency towing.

Activities undertaken when required

New

(1) Norway is not a member of the European Union. Norway contributes on the basis of equivalent national legislation and EU legislation by which they are bound as member of the European Economic Area (EEA).

Annex I

Current MARPOL texts

Current MARPOL texts for Annex I to Annex VI and Protocol 1.

MARPOL includes regulations aimed at preventing accidental pollution, and pollution from routine operations detailed in six technical annexes.

(b) Annex I — Regulations for the Prevention of Pollution by Oil

Amendments to Annex I — entry into force 1 March 2018 — Resolution MEPC.276(70)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to Form B of the Supplement to the International Oil Pollution Prevention Certificate)

Amendments to Annex I — entry into force 1 January 2017 — Resolution MEPC.266(68)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to regulation 12 — tanks for oil residue (sludge))

Amendments to Annex I — entry into force 1 January 2017 — Resolution MEPC.265(68)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to MARPOL Annexes I, II, IV and V to make the use of the environment-related provisions of the polar code mandatory)

Amendment to MARPOL Annex I — entry into force 1 March 2016 — Resolution MEPC.256(67)

Amendment to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendment to regulation 43 — Special requirements for the use or carriage of oils in the Antarctic area)

Amendments to Annex I — entry into force 1 January 2016 — Resolution MEPC.248(66)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to MARPOL Annex 1 mandatory carriage requirements for a stability instrument) — MEPC 66/21/Corr.1

Amendments to Annex I — entry into force 1 January 2016 — Resolution MEPC.246(66)

Amendments to the Annex of the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to MARPOL Annexes I, II, III, IV and V to make the use of the III Code mandatory)

Amendments to Annex I — entry into force 1 January 2015 — Resolution MEPC.238(65)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to MARPOL Annexes I and II to make the RO code mandatory)

Amendments to Annex I — entry into force 1 October 2014 — Resolution MEPC.235(65)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to form A and form B of supplements to the IOPP certificate under MARPOL Annex I)

Amendments to Annex I — entry into force 1 August 2013 — Resolution MEPC.216(63)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Regional Arrangements for Port Reception Facilities under MARPOL Annexes I, II, IV and V)

Amendments to Annex I — entry into force 1 August 2011 — Resolution MEPC.190(60)

Amendments to the annex of the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1973 (North American Emission Control Area)

Amendments to Annex I — entry into force 1 August 2011 — Resolution MEPC.189(60)

Amendments to the annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Addition of a new chapter 9 to MARPOL Annex I)

Amendments to Annex I — entry into force 1 January 2011 — Resolution MEPC.187(59)

Amendments to the annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to regulations 1, 12, 13, 17 and 38 of MARPOL Annex I, Supplement to the IOPP Certificate and Oil Record Book Parts I and II)

Amendments to Annex I — entry into force 1 January 2011 — Resolution MEPC.186(59)

Amendments to the annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Addition of a new chapter 8 to MARPOL Annex I and consequential amendments to the Supplement to the IOPP Certificate, Form B).

Amendments to Annex I — entry into force 1 December 2008 — Resolution MEPC.164(56)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Reception facilities outside special areas and discharge of sewage)

Amendments to Annex I — entry into force 1 August 2007 — Resolution MEPC.141(54)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to regulation 1, addition to regulation 12A, consequential amendments to the IOPP Certificate and amendments to regulation 21 of the revised Annex I of MARPOL)

Text of Annex I of MARPOL — as at 1 January 2007 — Resolution MEPC.117(52)

Amendments to the annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Revised annex I of MARPOL)

Amendments to MARPOL Annex II — entry into force 1 September 2017 — Resolution MEPC.270(69)

Amendments to the Annex of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (Amendments to MARPOL Annex II —Revised GESAMP Hazard Evaluation Procedure)

Amendments to Annex II — entry into force 1 January 2017 — Resolution MEPC.265(68)

Amendments to Annex II — entry into force 1 January 2016 — Resolution MEPC.246(66)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to MARPOL Annexes I, II, III, IV and V to make the use of the III Code mandatory)

Amendments to Annex II — entry into force 1 January 2015 — Resolution MEPC.238(65)

Amendments to Annex II — entry into force 1 August 2013 — Resolution MEPC.216(63)

Text of Annex II of MARPOL — as at 1 January 2007 — Resolution MEPC.118(52) (as amended)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Revised Annex II of MARPOL)

International Bulk Chemical (IBC) Code given effect by Annex II Regulation 11 — tankers constructed on or after 1 July 1986 — Resolution MEPC.119(52)

Amendments to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code)

Resolution MEPC.225(64) Amendments to Chapters 17, 18 and 19 which entered into force 1 June 2014

BLG.1/Circ.19 Products which have been classified or re-classified since the adoption of the amended IBC Code in 2004

BLG.1 Circ.19/Corr.1 Products which have been classified or re-classified since the adoption of the amended IBC Code in 2004

Bulk Chemical (BCH) Code given effect by Annex II Regulation 11 — tankers constructed before 1 July 1986 — Resolution MEPC.144(54)

Amendments to the Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (BCH Code)

(d) Annex III — Regulations for the Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form

Amendment to MARPOL Annex III — (Amendment to the appendix on criteria for the identification of harmful substances in packaged form) enter into force 1 March 2016 — Resolution MEPC.257(67)

Amendment to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973

Amendments to Annex III — entry into force 1 January 2016 — Resolution MEPC.246(66)

Text of Annex III of MARPOL — as at 1 January 2014 — Resolution MEPC.193(61)

Text of Annex III of MARPOL — as at 1 January 2010 — Resolution MEPC.156(55)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Amendments to MARPOL Annexes I, II, III, IV and V to make the use of the III Code mandatory)

(e) Annex IV — Regulations for the Prevention of Pollution by Sewage from Ships

Amendments to Annex IV — entry into force 1 September 2017 — Resolution MEPC.274(69)

Amendments to the Annex of the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (Amendments to MARPOL Annex IV —Baltic Sea Special Area and Form of ISPP Certificate)

Amendments to Annex IV — entry into force 1 January 2017 — Resolution MEPC.265(68)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Amendments to MARPOL Annexes I, II, IV and V to make the use of the environment-related provisions of the Polar Code mandatory)

Amendments to Annex IV — entry into force 1 January 2016 — Resolution MEPC.246(66)

Amendments to Annex IV — entry into force 1 August 2013 — Resolution MEPC.216(63)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Regional Arrangements for Port Reception Facilities under MARPOL Annexes I, II, IV and V)

Amendments to Annex IV — entry into force 1 January 2013 — Resolution MEPC.200(62)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Special Area Provisions and the Designation of the Baltic Sea as a Special Area under MARPOL Annex IV)

MEPC 62/24/Corr.1 — contains several corrections to Resolutions MEPC.200(62)

Amendments to Annex IV — entry into force 1 December 2008 — Resolution MEPC.164(56)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Reception facilities outside special areas and discharge of sewage)

Amendments to Annex IV — entry into force 1 August 2007 — Resolution MEPC.143(54)

Amendments to the Annex of the protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Addition of regulation 13 to Annex IV of MARPOL)

Text of Annex IV of MARPOL — as at 1 August 2005 — Resolution MEPC.115(51)

Amendments to the annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Revised Annex IV of MARPOL)

(f) Annex V — Regulations for the Prevention of Pollution by Garbage from Ships

Text of Annex V of MARPOL — as at 31 December 1988

Amendments to Annex V — entry into force 1 March 2018 — Resolution MEPC.277(70)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Amendments to MARPOL Annex V — HME substances and Form of Garbage Record Book)

Amendments to Annex V — entry into force 1 January 2017 — Resolution MEPC.265(68)

Amendments to Annex V — entry into force 1 January 2016 — Resolution MEPC.246(66)

Amendments to Annex V — entry into force 1 August 2013 — Resolution MEPC.216(63)

Amendments to Annex V — entry into force 1 January 2013 — Resolution MEPC.201(62)

Amendments to the Annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Revised MARPOL Annex V)

MEPC 62/24/Corr.1 — contains several corrections to Resolutions MEPC.201(62)

Amendments to Annex V of MARPOL — entry into force 1 August 2005 — Resolution MEPC.116(51)

Amendments to the annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Amendments to the Appendix to Annex V of MARPOL)

Amendments to Annex V of MARPOL — entry into force 1 March 2002 — Resolution MEPC.89(45)

Amendments to the annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Amendments to Annex V of MARPOL)

Amendments to Annex V of MARPOL — entry into force 1 January 1997 — Resolution MEPC.65(37)

Amendments to the annex of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Amendments to Regulation 2 and new Regulation 9 of Annex V)

(g) Annex VI — Regulations for the Prevention of Air Pollution from Ships

Amendments to Annex VI — entry into force 1 January 2019 — Resolution MEPC 286(71)

Amendments to the Annex of the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (to give effect to the Baltic Sea and North Sea NOx Emission Control Area and amend the Bunker Delivery Note)

Amendments to Annex VI — entry into force 1 March 2018 — Resolution MEPC.278(70)

Amendments to the Annex of the Protocol of 1997 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Amendments to MARPOL Annex VI Data collection system for fuel oil consumption of ships)

Amendments to Annex VI — entry into force 1 September 2017 — Resolution MEPC.271(69)

Amendments to the Annex of the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (Amendments to regulation 13 of MARPOL Annex VI — Record requirements for operational compliance with NOx Tier III emission control areas)

Amendments to MARPOL Annex VI — entry into force 1 March 2016 — Resolution MEPC.258(67)

Amendment to the Annex of the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (Amendments to regulations 2 and 13 and the Supplement to the IAPP Certificate)

Amendments to Annex VI — entry into force 1 January 2016 — Resolution MEPC.247(66)

Amendments to Annex VI — entry into force 1 March 2015 — Resolution MEPC.251(66)

Amendments to the Annex of the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (Amendments to regulations 2, 13, 19, 20 and the Supplement to the IAPP Certificate under MARPOL Annex VI and certification of dual-fuel engines under the NOx Technical Code 2008)

Amendments to Annex VI — entry into force 1 August 2013 — Resolution MEPC.217(63)

Amendments to the Annex of the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (Regional Arrangements for port Reception Facilities under MARPOL Annex VI and Certification of Marine Diesel Engines fitted with selective catalytic reduction systems under the NOx Technical Code 2008)

Amendments to Annex VI — entry into force 1 January 2013 — Resolution MEPC.203(62)

Amendments to the Annex of the Protocol of 1997 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Inclusion of Regulations on Energy Efficiency for Ships)

MEPC 62/24/Corr.1 — contains several corrections to Resolutions MEPC.203(62)

Amendments to Annex VI — entry into force 1 January 2013 — Resolution MEPC.202(62)

Amendments to the Annex of the Protocol of 1997 relating to the International Convention for the Prevention of Pollution from Ships 1973 (Designation of the Caribbean Sea Emission Control Area)

MEPC 62/24/Corr.1 — contains several corrections to Resolutions MEPC.202(62)

Amendments to Annex VI — entry into force 1 February 2012 — Resolution MEPC.194(61)

Amendments to the annex of the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (Revised form of Supplement to the IAPP Certificate)

Amendments to Annex VI — entry into force 1 August 2011 — Resolution MEPC.190(60)

Amendments to the Annex of the Protocol of 1997 to Amend the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (North American Emission Control Area)

Text of Annex VI of MARPOL — as at 1 July 2010 — Resolution MEPC.176(58)

16.10.2019

Official Journal of the European Union

L 263/32

COMMISSION IMPLEMENTING DECISION (EU) 2019/1728

of 15 October 2019

on harmonised standards for toys drafted in support of Directive 2009/48/EC of the European Parliament and of the Council

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (1), and in particular Article 10(6) thereof,

Whereas:

(1)

In accordance with Article 13 of Directive 2009/48/EC of the European Parliament and of the Council (2), toys which are in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, are to be presumed to be in conformity with the requirements covered by those standards or parts thereof set out in Article 10 of Directive 2009/48/EC and Annex II to that Directive.

(2)	By letter M/445 of 9 July 2009 the Commission made a request to the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) for the drafting of new and the revision of existing harmonised standards in support of Directive 2009/48/EC.

(3)

Directive 2009/48/EC lays down, in point 13 of Part III of Annex II thereto, migration limits for 19 elements, from toys or components of toys, that must not be exceeded. However, these migration limits do not apply if any hazard can be excluded, such as by the inaccessibility of a toy component possibly including one or several elements.

(4)

On the basis of the request M/445 of 9 July 2009, CEN revised harmonised standard EN 71-3:2013+A3:2018 on migration of certain elements, the reference of which has been published in the Official Journal of the European Union (3), in order to include the latest technical and scientific progress into the test methods described in standard EN 71-3. This progress includes an improved measurement of chromium VI and of organic tin compounds, better controlled experimental conditions when carrying out the tests, and an improved structure of standard EN 71-3 to ease the practical application. This resulted in the adoption of harmonised standard EN 71-3:2019 on migration of certain elements.

(5)	The Commission together with CEN has assessed whether harmonised standard EN 71-3:2019 on migration of certain elements drafted by CEN complies with the request M/445 of 9 July 2009.

(6)	Harmonised standard EN 71-3:2019 satisfies the requirements, which it aims to cover and which are set out in Directive 2009/48/EC. It is therefore appropriate to publish the reference of that standard in the Official Journal of the European Union.

(7)

Harmonised standard EN 71-3:2019 replaces harmonised standard EN 71-3:2013+A3:2018. It is therefore necessary to withdraw the reference of that standard from the Official Journal of the European Union. In order to afford toy manufacturers sufficient time to adapt their products to the revised specifications in harmonised standard EN 71-3:2019, it is necessary to defer the withdrawal of the reference of harmonised standard EN 71-3:2013+A3:2018.

(8)

In the interests of clarity and rationality, a complete list of references of harmonised standards drafted in support of Directive 2009/48/EC and satisfying the requirements they aim to cover should be published in one act. The references of European standards currently published in the Official Journal of the European Union (4) should therefore be included in this Decision. Consequently, it is also necessary to repeal Commission Implementing Decision (EU) 2019/1254 (5).

(9)

Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the date of its publication,

HAS ADOPTED THIS DECISION:

Article 1

The references of the harmonised standards for toys drafted in support of Directive 2009/48/EC, listed in Annex I to this Decision, are hereby published in the Official Journal of the European Union.

Article 2

The references of the harmonised standards for toys drafted in support of Directive 2009/48/EC, listed in Annex II to this Decision, are hereby withdrawn from the Official Journal of the European Union as from the dates set out in that Annex.

Article 3

Implementing Decision (EU) 2019/1254 is repealed.

Article 4

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

Done at Brussels, 15 October 2019.

For the Commission

The President

Jean-Claude JUNCKER

(1) OJ L 316, 14.11.2012, p. 12.

(2) Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, p. 1).

(3) OJ C 282, 10.8.2018, p. 3.

(4) Commission communication in the framework of the implementation of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys (OJ C 282, 10.8.2018, p. 3).

(5) Commission Implementing Decision (EU) 2019/1254 of 22 July 2019 on harmonised standards on the safety of toys drafted in support of Directive 2009/48/EC of the European Parliament and of the Council (OJ L 195, 23.7.2019, p. 43).

ANNEX I

No	Reference of the standard
1.	EN 71-1:2014+A1:2018 Safety of toys — Part 1: Mechanical and physical properties
2.	EN 71-2:2011+A1:2014 Safety of toys — Part 2: Flammability
3.	EN 71-3:2019 Safety of toys - Part 3: Migration of certain elements
4.	EN 71-4:2013 Safety of toys — Part 4: Experimental sets for chemistry and related activities
5.	EN 71-5:2015 Safety of toys — Part 5: Chemical toys (sets) other than experimental sets
1.	EN 71-7:2014+A2:2018 Safety of toys — Part 7: Finger paints — Requirements and test methods Note: For the allowed preservative climbazole (entry 22 in Table B.1 of Annex B to this standard) the presumption of conformity applies up to a maximum allowed concentration of 0,2 % (not: 0,5 %). This is based on the ‘ADDENDUM to the Opinion on Climbazole (P64) ref. SCCS/1506/13’ of the Scientific Committee on Consumer Safety (SCCS) that was adopted after the publication of the standard by CEN. https://ec.europa.eu/health/sites/health/files/scientific_committees/consumer_safety/docs/sccs_o_212.pdf
2.	EN 71-8:2018 Safety of toys — Part 8: Activity toys for domestic use
3.	EN 71-12:2013 Safety of toys — Part 12: N-Nitrosamines and N-nitrosatable substances
4.	EN 71-13:2014 Safety of toys — Part 13: Olfactory board games, cosmetic kits and gustative games
5.	EN 71-14:2018 Safety of toys - Part 14: Trampolines for domestic use
6.	EN 62115:2005 Electric toys — Safety IEC 62115:2003 (Modified) + A1:2004 EN 62115:2005/A11:2012/AC:2013 EN 62115:2005/A11:2012 EN 62115:2005/A12:2015 EN 62115:2005/A2:2011/AC:2011 EN 62115:2005/A2:2011 IEC 62115:2003/A2:2010 (Modified)

ANNEX II

No	Reference of the standard	Date of withdrawal
1.	EN 71-3:2013+A3:2018 Safety of toys - Part 3: Migration of certain elements	15 April 2020
2.	EN 71-14:2014+A1:2017 Safety of toys - Part 14: Trampolines for domestic use	22 January 2020

16.10.2019

Official Journal of the European Union

L 263/36

COMMISSION IMPLEMENTING DECISION (EU) 2019/1729

of 15 October 2019

on the harmonised standard for conformity assessment drafted in support of Regulations (EC) No 765/2008 and (EC) No 1221/2009 of the European Parliament and of the Council, Directive 2006/42/EC of the European Parliament and of the Council and Union acts incorporating the reference provisions of Decision No 768/2008/EC 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,

Whereas:

(1)

Regulation (EC) No 765/2008 of the European Parliament and of the Council (2) and Decision No 768/2008/EC of the European Parliament and of the Council (3) brought together, in what is called the New Legislative Framework, all the elements required for a comprehensive regulatory framework to operate effectively for the safety and compliance of industrial products and for the proper functioning of the single market. One of the main objectives of the New Legislative Framework is to ensure a robust and reliable conformity assessment for products in the Union. Regulation (EC) No 765/2008 established the legal basis for accreditation and market surveillance. Decision No 768/2008/EC consolidated the technical instruments for Union harmonisation legislation and, in particular, the criteria for designation of conformity assessment bodies as well as the conformity assessment procedures and the rules for their use. Decision No 768/2008/EC requires Union legislation harmonising the conditions for the marketing of products to incorporate, as far as possible, the reference provisions set out in Annex I to that Decision.

(2)

In accordance with Article 11(1) of Regulation (EC) No 765/2008, national accreditation bodies that demonstrate conformity with the criteria laid down in the relevant harmonised standard, the reference of which has been published in the Official Journal of the European Union, by having successfully undergone peer evaluation under Article 10 of Regulation (EC) No 765/2008 are to be presumed to fulfil the requirements laid down in Article 8 of that Regulation.

(3)

In point 10 of Article 2 of Regulation (EC) No 765/2008 accreditation is defined as an attestation by a national accreditation body that a conformity assessment body meets the requirements set by harmonised standards and, where applicable, any additional requirements including those set out in relevant sectoral schemes, to carry out a specific conformity assessment activity.

(4)

Union legislation incorporating the reference provisions included in Annex I to Decision No 768/2008/EC provides, in certain cases, for the intervention of third party conformity assessment bodies in the relevant conformity assessment procedures. Furthermore, all such legislation, by incorporating Articles R17 and R18 of Annex I to Decision No 768/2008/EC, sets out the requirements that conformity assessment bodies must meet and stipulates that where a conformity assessment body demonstrates its conformity with the criteria laid down in the relevant harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union it is to be presumed to comply with the requirements set out in that Union act, insofar as the applicable harmonised standards cover those requirements.

(5)

There is also Union legislation which does not incorporate Article R17 of Annex I to Decision No 768/2008/EC. However, it requires the intervention of third party conformity assessment body and provides for accreditation of those bodies in accordance with Regulation (EC) No 765/2008 to demonstrate the competence of such bodies. For example, Regulation (EC) No 1221/2009 of the European Parliament and of the Council (4) in its Article 2(20) defines the ‘environmental verifier’ as a conformity assessment body as defined in Regulation (EC) No 765/2008 or any association or group of such bodies, which has obtained accreditation in accordance with that Regulation.

(6)

By letter M/417 of 4 December 2007 the Commission made a request to the European Committee for Standardisation (CEN), European Committee for Electrotechnical Standardisation (Cenelec) and European Telecommunications Standards Institute (ETSI) for the completion of the work on harmonised standards in support of the New Legislative Framework (revision of the New Approach) as well as sectoral certification schemes, in particular, European standards covering accreditation, conformity assessment or quality assurance were considered necessary for the implementation of the New Legislative Framework. That mandate covers both existing and future standards. In that context, the Commission tasked those organisations to identify all international standards that were relevant to the New Legal Framework and/or certain sectoral certification schemes and to adopt them at European level as European standards. Therefore, European standards in support of the Regulation (EC) No 765/2008, Union acts incorporating the reference provisions of Annex I to Decision No 768/2008/EC and Regulation (EC) No 1221/2009 fall within the scope of the mandate.

(7)	On the basis of the request M/417 of 4 December 2007, CEN and Cenelec therefore completed the work on the harmonised standard EN ISO 19011:2018 — Guidelines for auditing management systems, by adopting international standard ISO 19011:2018 as an equivalent European standard EN ISO 19011:2018.

(8)	The Commission together with CEN and Cenelec has assessed whether EN ISO 19011:2018 drafted by CEN complies with the request M/417 of 4 December 2007.

(9)

EN ISO 19011:2018 satisfies the requirements which it aims to cover and which are set out in Regulations (EC) No 765/2008, (EC) No 1221/2009 and the Union Acts incorporating the reference provisions set out in Annex I to Decision No 768/2008/EC. More specifically, it satisfies the requirements for conformity assessment bodies included in Article R17 of Annex I to Decision No 768/2008/EC for the purposes of performing audits in the context of conformity assessment procedures as set out in that Decision. It is therefore appropriate to publish the references of that standard in the Official Journal of the European Union.

(10)

EN ISO 19011:2018 is a revised version of EN ISO 19011:2011, the reference of which is published in the Official Journal of the European Union (5) and thus supersedes it. It is therefore necessary to withdraw the reference to harmonised standard EN ISO 19011:2011 from the Official Journal of the European Union. In order to give economic operators and third party conformity assessment bodies the necessary time to adapt their management systems and auditing methods, respectively, to the revised harmonised standard, it is necessary to defer the withdrawal of the reference to EN ISO 19011:2011.

(11)

HAS ADOPTED THIS DECISION:

Article 1

The reference of the harmonised standard EN ISO 19011:2018 — Guidelines for auditing management systems (ISO 19011:2018), drafted in support of the Union acts listed in the Annex to this Decision is hereby published in the Official Journal of the European Union.

Article 2

The reference of the harmonised standard EN ISO 19011:2011 — Guidelines for auditing management systems (ISO 19011:2011), is hereby withdrawn from the Official Journal of the European Union, with effect from 1 January 2021.

Article 3

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

Done at Brussels, 15 October 2019.

For the Commission

The President

Jean-Claude JUNCKER

(1) OJ L 316, 14.11.2012, p. 12.

(2) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).

(3) Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82).

(4) Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (OJ L 342, 22.12.2009, p. 1).

(5) OJ C 298, 8.9.2017, p. 150.

ANNEX

Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors (OJ L 162, 3.7.2000, p. 1);

Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (OJ L 157, 9.6.2006, p. 24);

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30);

Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (OJ L 342, 22.12.2009, p. 1);

Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, p. 1);

Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC (OJ L 165, 30.6.2010, p. 1);

Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 88);

Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (OJ L 178, 28.6.2013, p. 27);

Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (OJ L 354, 28.12.2013, p. 90);

10.

Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (OJ L 96, 29.3.2014, p. 1);

11.

Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (OJ L 96, 29.3.2014, p. 45);

12.

Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (OJ L 96, 29.3.2014, p. 79);

13.

Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (OJ L 96, 29.3.2014, p. 107);

14.

Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (OJ L 96, 29.3.2014, p. 149);

15.

Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (OJ L 96, 29.3.2014, p. 251);

16.

Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (OJ L 96, 29.3.2014, p. 309);

17.

Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62);

18.

Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ L 96, 29.3.2014, p. 357);

19.

Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (OJ L 189, 27.6.2014, p. 164);

20.

Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC (OJ L 257, 28.8.2014, p. 146);

21.

Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ L 88, 4.4.2011, p. 5);

22.

Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC (OJ L 81, 31.3.2016, p. 1);

23.

Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC (OJ L 81, 31.3.2016, p. 51);

24.

Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC (OJ L 81, 31.3.2016, p. 99);

25.

Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176);

26.

Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1);

27.

Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003 (OJ L 170, 25.6.2019, p. 1);

28.

Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems (OJ L 152, 11.6.2019, p. 1).

Corrigenda

16.10.2019

Official Journal of the European Union

L 263/41

Corrigendum to Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy

( Official Journal of the European Union L 301 of 27 November 2018 )

On page 34, in point (26)(a) of Annex I, in the amendment to Table 1 of Appendix 6 to Annex I to Commission Regulation (EU) 2017/1151:

for:

‘BH

Euro 6d-TEMP-EVAP

Euro 6-2

N1 class II

PI, CI

31.8.2019’

read:

‘BH

Euro 6d-TEMP-EVAP

Euro 6-2

N1 class II

PI, CI

31.8.2020’

On page 35, in point (26)(a) of Annex I, in the amendment to Table 1 of Appendix 6 to Annex I to Commission Regulation (EU) 2017/1151

for:

‘BI

Euro 6d-TEMP-EVAP

Euro 6-2

N1 class III, N2

PI, CI

31.8.2019’

read:

‘BI

Euro 6d-TEMP-EVAP

Euro 6-2

N1 class III, N2

PI, CI

31.8.2020’

Top

Choose the experimental features you want to try