(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the Netherlands' application to register the name ‘Hollandse geitenkaas’ was published in the Official Journal of the European Union (2).

(2)

As no statement of objection under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Hollandse geitenkaas’ should therefore be entered in the register,

(1)

Regulation (EU) No 1236/2010 lays down certain specific control measures to monitor fishing activities of the Union in the Area covered by the North-East Atlantic Fisheries Commission (NEAFC) and supplements control measures provided for in Council Regulation (EC) No 1224/2009 (2).

(2)

Detailed rules for the application of Regulation (EU) No 1236/2010 were adopted through Commission Implementing Regulation (EU) No 433/2012 (3).

(3)

At its Annual Meeting in November 2013, NEAFC adopted Recommendation 9:2014 amending Article 22 and Annexes XV and XVI of the Scheme on port State control and inspection report forms. At the same Annual Meeting, NEAFC adopted Recommendations 12:2014, 13:2014 and 14:2014 amending Annex IX of the Scheme on data exchange formats and protocols, and Recommendation 16:2014 amending Appendix 1 to Annex IX of the Scheme on confidential treatment of electronic data. At its Annual Meeting in November 2014, NEAFC adopted Recommendation 16:2015 amending Appendix 2 to Annex II of the Scheme on codes for main gear types. At the same meeting it adopted Recommendation 12:2015 amending Recommendation 9:2014 with respect to Articles 22 and 23 and Annexes XV and XVI of the Scheme on port state control forms.

(4)

In accordance with Articles 12 and 15 of the Convention on future multilateral cooperation in the North-East Atlantic fisheries approved by Council Decision 81/608/EEC (4), Recommendations 12:2014, 13:2014, 14:2014 and 16:2014 came into force on 7 February 2014 and Recommendation 16:2015 came into force on 6 February 2015.

(5)

Pursuant to its provisions, Recommendation 9:2014 as amended by Recommendation 12:2015 will enter into force on 1 July 2015.

(6)

It is necessary to transpose those Recommendations into Union law. Implementing Regulation (EU) No 433/2012 should therefore be amended accordingly.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

(1)

in Article 12, points (a) and (b) are replaced by the following:

;

(2)

Article 13 is replaced by the following:

(3)

In Article 16 the first sentence is replaced by the following:

‘The data exchange formats and data communication systems referred to in Article 12(2) of Regulation (EU) No 1236/2010 to be used for transmission of reports and information to the NEAFC Secretary shall comply with the rules set out in Annex X;’

(4)

Annex VIII is replaced by the text in Annex 1 to this Regulation;

(5)

Annex IX is replaced by the text in Annex 2 to this Regulation;

(6)

Annex X is amended as follows:

(7)

Annex XI is amended as follows:

(8)

Annex XII is replaced by the text in Annex 8 to this Regulation.

(1)

Commission Implementing Regulation (EU) No 809/2014 (2) provides for the final date of submission of the single application, aid applications or payment claims, for the final date for notification of amendments to the single application or payment claim and for the final date for submission of applications for allocation of payments entitlements or the increase of the value of payments entitlements under the basic payment scheme.

(2)

Member States have experienced some difficulty in their practical implementation of the new direct payment schemes and rural development measures. As a consequence, the administration of the single application, aid applications and payment claims and applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme was delayed.

(3)

That situation has affected the possibility of beneficiaries to submit the single application, aid applications or payment claims and applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme within the time limits provided for in Articles 13(1) and 22(1) of Implementing Regulation (EU) No 809/2014.

(4)

In view of that situation, it is appropriate to provide for a derogation from Articles 13(1) and 22(1) of Implementing Regulation (EU) No 809/2014 which enables Member States to fix for the year 2015 a final date of submission of the single application, aid applications or payment claims and a final date for submission of applications for allocation of payment entitlements or the increase of the value of payments entitlements under the basic payment scheme that are later than those provided for in those Articles. Since the date referred to in Article 15(2) of Implementing Regulation (EU) No 809/2014 is linked to the final date provided for in Article 13(1) of that Regulation, a similar derogation should be provided for the notification of amendments to the single application or payment claim.

(5)

Since those derogations should cover the single application, aid applications and payment claims, amendments to the single application or payment claim and applications for allocation of payment entitlements for the year 2015, it is appropriate that this Regulation applies to applications and payment claims relating to the year 2015.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for Direct Payments and the Committee for Rural Development,

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

(1)

Notwithstanding the measures set out by Commission Decision 2007/410/EC (2), Potato spindle tuber viroid is now spread within the Union on the plants covered by that Decision, hereinafter the ‘specified plants’, as appears from the official surveys carried out by the Member States pursuant to that same Decision.

(2)

However, since the application of Decision 2007/410/EC, no symptoms of the presence of Potato spindle tuber viroid have been observed on the specified plants and, according to an opinion of the European Food Safety Authority (3), the impact of pospiviroids on those plants is expected to be minimal. Furthermore, the presence of that organism on the specified plants has not led to its spread within the Union to plants other than the specified plants.

(3)

Therefore it is concluded that the measures set out by Decision 2007/410/EC are not adequate to prevent the spread of Potato spindle tuber viroid within the Union on the specified plants and that there is no phytosanitary risk justifying such measures.

(4)

Decision 2007/410/EC should therefore be repealed.

(5)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

(1)

The International Telecommunication Union's Radio Regulations (2) allocate the 1 452-1 492 MHz frequency band to the fixed, mobile (except aeronautical mobile), broadcasting and broadcasting satellite service on a co-primary basis in Region 1, which comprises the Union. They limit use of the band by the broadcasting service and the broadcasting satellite service to digital audio broadcasting (DAB).

(2)

The Maastricht special arrangement of 2002, as revised in 2007 (3), provides the technical and regulatory framework for the deployment of terrestrial DAB (T-DAB) in the 1 452-1 479,5 MHz band in signatory countries including all Member States. It also sets out procedures for cross-border coordination between T-DAB and wireless broadband electronic communications services.

(3)

Decision No 243/2012/EU of the European Parliament and of the Council (4) establishes a multiannual radio spectrum policy programme (RSPP) which sets the target of identifying at least 1 200 MHz of spectrum suitable for wireless broadband in the Union by 2015, including spectrum already in use, on the basis of the spectrum inventory.

(4)

The 1 452-1 492 MHz band has been designated for broadcasting use in Member States, but its use has been quite limited. The Commission's Report on the RSPP spectrum inventory (5) concludes that it is underutilised in the Union and should be repurposed for wireless broadband electronic communications services in line with the RSPP spectrum target. However, existing terrestrial broadcasting systems should be protected in the long term, including in the event that their authorisations are renewed.

(5)

In its opinion on strategic challenges facing Europe in addressing the growing spectrum for wireless broadband (6), the Radio Spectrum Policy Group recommended that the Commission consider adopting complementary measures further to promote the use of the 1 452-1 492 MHz band for supplemental downlink, while still allowing Member States to use part of this band for other uses, such as broadcasting.

(6)

On 19 March 2014, pursuant to Article 4(2) of the Radio Spectrum Decision, the Commission gave the European Conference of Postal and Telecommunications Administrations (CEPT) a mandate to develop harmonised technical conditions in the 1 452-1 492 MHz band for wireless broadband electronic communications services in the Union.

(7)

On 28 November 2014, in response to that mandate, CEPT issued CEPT Report 54 proposing harmonisation of the 1 452-1 492 MHz band for wireless broadband supplemental downlink use, while allowing Member States to adapt to national circumstances in parts of the band (such as 1 452-1 479,5 MHz) for terrestrial broadcasting. Supplemental downlink is downlink-only use whereby spectrum within the band is used for unidirectional base station transmission providing electronic communications services, in combination with use of spectrum in another frequency band.

(8)

Harmonised downlink-only use of the 1 452-1 492 MHz band for wireless broadband electronic communications services is important in addressing data traffic asymmetry by enhancing the downlink capability of a wireless broadband system. Taking also into account the principles of technology and service neutrality, it also facilitates coexistence with already existing terrestrial broadcasting services in the same band, which may not comply with the technical conditions set out by this Decision. Member States should therefore allocate the band on a non-exclusive basis to all types of electronic communications services and ensure the coexistence of the services according to national circumstances and in line with international agreements.

(9)

The provision of wireless broadband electronic communications services in the 1 452-1 492 MHz band should be based on harmonised channelling arrangement and common minimal (least restrictive) technical conditions to foster the single market, mitigate harmful interference and ensure frequency coordination.

(10)

Common technical conditions and principles are necessary to ensure coexistence, as appropriate protection, between wireless broadband electronic communications services and T-DAB within the 1 452-1 492 MHz band, and between such services in the band and other uses in adjacent bands, including tactical radio relays, coordinated fixed links and aeronautical telemetry. There is a potential need for additional national measures to ensure coexistence with uses in adjacent bands, such as uncoordinated fixed links.

(11)

Cross-border agreements between administrations may be necessary to ensure implementation of the parameters set by this Decision so as to avoid harmful interference and improve spectrum efficiency and convergence in spectrum use. CEPT Report 54 sets out technical conditions and principles for cross-border coordination between wireless broadband electronic communications services and T-DAB and aeronautical telemetry services in the 1 452-1 492 MHz band, including at the borders of the Union.

(12)

The use of the 1 452-1 492 MHz band by other applications in third countries, subject to international agreements, may limit its introduction and use by wireless broadband electronic communications services in some Member States. Such Member States should take all necessary steps in order to minimise the duration and geographical extent of these limitations as soon as possible and should seek the assistance of the Union, where necessary, under Article 10(2) of the RSPP. They should notify the Commission of such limitations pursuant to Article 6(2) and Article 7, and the information should be published in accordance with Article 5, of the Radio Spectrum Decision.

(13)

Therefore, the measures provided in this Decision should be applied across the Union and implemented by Member States in order to ensure take-up of the 1 452-1 492 MHz band for wireless broadband electronic communications services in line with the RSPP spectrum target. Member States should report to the Commission on the implementation of the Decision and the use of the band in order to facilitate an assessment of its impact at EU level as well as its timely review, when necessary.

(14)

The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,