(1)

Regulation (EU) No 1380/2013 aims to progressively eliminate discards in all Union fisheries through the introduction of a landing obligation for catches of species subject to catch limits.

(2)

Article 15(6) of Regulation (EU) No 1380/2013 empowers the Commission to adopt discard plans by means of a delegated act for a period of no more than three years and renewable once on the basis of joint recommendations developed by Member States in consultation with the relevant Advisory Councils.

(3)

Commission Delegated Regulation (EU) No 1394/2014 (2) established a discard plan for certain pelagic fisheries in South-Western waters in order to facilitate the implementation of the landing obligation by means of certain flexibility mechanisms.

(4)

In accordance with Article 15(5)(c)(ii), that discard plan provided i.a. for certain exemptions from the obligation to land all catches, on account of disproportionate costs of handling unwanted catches for those fishing gears where unwanted catches per fishing gear do not represent more than a certain percentage of total annual catch of that gear (‘de minimis exemptions’).

(5)

According to Article 5 of Delegated Regulation (EU) No 1394/2014, the discard plan expires on 31 December 2017.

(6)

Belgium, France, the Netherlands, Portugal and Spain have a direct fisheries management interest in the South-Western waters. After having consulted the South Western Waters Advisory Council and the Pelagic Advisory Council, those Member States submitted on 2 June 2017 a joint recommendation to the Commission.

(7)

The joint recommendation suggested to extend the duration of de minimis exemptions established in the discard plan at the following revised discard levels:

(8)

In order to justify the suggested de minimis exemptions, the Member States provided evidence concerning disproportionate costs of handling unwanted catches in the relevant fisheries. That evidence was reviewed by the Scientific Technical and Economic Committee for Fisheries (STECF) Expert Working Group, which concluded that the joint recommendations contained reasoned arguments related to the disproportionate costs in handling unwanted catches, supported in some cases with a qualitative assessment of the costs. In light of the above and in the absence of differing scientific information, it is appropriate to extend the duration of the de minimis exemptions in accordance with the percentage levels proposed in the joint recommendation and at levels which do not exceed those allowed under Article 15(1) of Regulation (EU) No 1380/2013.

(9)

Articles 2 and 4 of the Delegated Regulation (EU) No 1394/2014 provide respectively for a survivability exemption for anchovy, horse mackerel, jack mackerel and mackerel caught in artisanal purse seine fisheries and for a specific minimum conservation reference size for anchovy. Those measures were positively evaluated by STECF in 2014. The Commission considers that the evidence on which that evaluation was based remains valid for the next three years. Therefore it is appropriate to extent the application of those measures until 2020.

(10)

Delegated Regulation (EU) No 1394/2014 should therefore be amended accordingly.

(11)

Since the measures provided for in this Regulation impact directly on the economic activities linked to, and the planning of, the fishing season of Union vessels, this Regulation should enter into force immediately after its publication. Considering that the discard plan established by Delegated Regulation (EU) No 1394/2014 expires on 31 December 2017, this Regulation should apply from 1 January 2018,

(1)

Article 3 is replaced by the following:

(2)

In Article 5, the second paragraph is replaced by the following:

‘It shall apply from 1 January 2015 to 31 December 2020.’

(1)

Regulation (EU) No 1380/2013 aims to progressively eliminate discards in all Union fisheries through the introduction of a landing obligation for catches of species subject to catch limits.

(2)

Article 15(6) of Regulation (EU) No 1380/2013 empowers the Commission to adopt discard plans by means of a delegated act for a period of no more than 3 years and renewable once on the basis of joint recommendations developed by Member States in consultation with the relevant Advisory Councils.

(3)

Commission Delegated Regulation (EU) No 1395/2014 (2) established a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea, in order to facilitate the implementation of the landing obligation by means of certain flexibility mechanisms.

(4)

Exemptions from the obligation to land all catches may be specified in accordance with Article 15(5)(c) of Regulation (EU) No 1380/2013 where scientific evidence indicates that increases in selectivity are very difficult or where handling unwanted catches entails disproportionate costs (‘de minimis exemptions’).

(5)

Belgium, Denmark, France, Germany, the Netherlands, Sweden and the United Kingdom have a direct fisheries management interest in the North Sea. After consulting the North Sea Advisory Council and the Pelagic Advisory Council, those Member States have submitted on 31 May 2017 a joint recommendation to the Commission.

(6)

The joint recommendation suggests to establish for the years 2018, 2019 and 2020 a de minimis exemption for up to a maximum of 1 % of the total annual catches of mackerel, horse mackerel, herring and whiting in the small pelagic fisheries with midwater trawlers (OTM and PTM) up to 25 m in length overall, targeting mackerel, horse mackerel and herring in ICES divisions IVb and c south of 54 degrees north.

(7)

The Member States provided scientific evidence to demonstrate that handling unwanted catches in the relevant fisheries entails disproportionate costs. That evidence was reviewed by the Scientific, Technical and Economic Committee for fisheries (STECF). STECF noted that the de minimis exemption may provide an incentive for the fleets involved to adapt their behaviour and continue research on ways to improve selectivity. Therefore, the suggested exemption concerned may be included in Delegated Regulation (EU) No 1395/2014.

(8)

The duration of the discard plan should therefore be extended until 31 December 2020.

(9)

Articles 2, 4 and 4a of the Delegated Regulation (EU) No 1395/2014 provide respectively for a survivability exemption for mackerel and herring caught in the purse seine fisheries, for documentation of catches and for technical measures for sprat fisheries. The measure on survivability exemption was positively evaluated by STECF in 2014 and the technical measures for sprat fisheries were positively evaluated by International Council for the Exploration of the Seas (ICES) in 2017. The Commission considers that the evidence on which that evaluation was based remains valid for the next 3 years. Therefore it is apporpriate to extend the application of the measures until 2020.

(10)

Delegated Regulation (EU) No 1395/2014 and its Annex should be amended accordingly.

(11)

Since the measures provided for in this Regulation impact directly on the economic activities linked to, and the planning of, the fishing season of Union vessels, this Regulation should enter into force immediately after its publication. Considering that the discard plan established by Delegated Regulation (EU) No 1395/2014 expires on 31 December 2017, this Regulation should apply from 1 January 2018,

(1)

in Article 3, the heading is replaced by the following: ‘De minimis exemption in the years 2015 and 2016’;

(2)

the following Article 3a is inserted:

(3)

in Article 5 the second paragraph is replaced by the following:

‘It shall apply from 1 January 2015 to 31 December 2020.’;

(4)

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

(1)

Regulation (EU) No 1380/2013 aims to progressively eliminate discards in all Union fisheries through the introduction of a landing obligation for catches of species subject to catch limits.

(2)

Article 15(6) of Regulation (EU) No 1380/2013 empowers the Commission to adopt discard plans by means of a delegated act for a period of no more than three years and renewable once on the basis of joint recommendations developed by Member States in consultation with the relevant Advisory Councils.

(3)

Commission Delegated Regulation (EU) No 1393/2014 (2) established a discard plan for certain pelagic fisheries in the North Western waters in order to facilitate the implementation of the landing obligation by means of certain flexibility mechanisms.

(4)

Belgium, France, Ireland, the Netherlands, Spain and the United Kingdom have a direct fisheries management interest in the North Western waters. After having consulted the North Western Waters Advisory Council and the Pelagic Advisory Council, those Member States submitted on 31 May 2017 a joint recommendation to the Commission.

(5)

Exemptions from the obligation to land all catches may be specified in accordance with Article 15(5)(b) of Regulation (EU) No 1380/2013 in relation to species for which scientific evidence demonstrates high survival rates (‘survivability exemptions’).

(6)

The joint recommendation suggests to apply, under certain conditions, a survivability exemption in 2019 and 2020 for mackerel and herring caught in the ring net fishery targeting non-quota species in ICES divisions VIIe and VIIf. The evidence provided by the Member States to justify that exemption was reviewed by Scientific, Technical and Economic Committee for fisheries (STECF). STECF concluded that the evidence supporting the suggested exemption was similar to that justifying other exemptions included in previous discard plan and had been previously assessed by STECF. Exemptions from the obligation to land all catches may furthermore be specified in accordance with Article 15(5)(c) of Regulation (EU) No 1380/2013 where scientific evidence indicates that increases in selectivity are very difficult or where handling unwanted catches entails disproportionate costs (‘de minimis exemptions’).

(7)

The joint recommendation suggests a de minimis exemption for up to a maximum of 6 %, in 2018, and 5 %, in 2019 and 2020, of the total annual catches of blue whiting (Micromesistius poutassou) in the industrial pelagic trawler fishery targeting that species in ICES divisions Vb, VI, and VII and processing that species on board to obtain surimi base. The Member States concerned provided evidence to demonstrate that increased selectivity cannot be achieved and that costs of handling the unwanted catch are disproportionate. STECF reviewed the suggested exemption and concluded that it is sufficiently well argued. Therefore, the suggested exemption may be included in Delegated Regulation (EU) No 1393/2014.

(8)

The joint recommendation suggests to apply a de minimis exemption for up to a maximum of 6 %, in 2018, and 5 %, in 2019 and 2020, of the total annual catches of albacore tuna (Thunnus alalunga) in the albacore tuna directed fisheries using midwater pair trawls (PTM) in ICES division VII. The Member States provided evidence to demonstrate that costs of storage and handling unwanted catches at sea and on shore are disproportionate. The evidence provided by the Member States was reviewed by STECF. In its evaluation STECF mentioned the risk of highgrading. In this regard it should be noted that, pursuant to paragraph 3 of Article 19a of Council Regulation (EC) No 850/1998 (3), the prohibition of discarding does not apply to catches of species which are exempted from the landing obligation in accordance with Article 15(4) of Regulation (EU) No 1380/2013. Therefore, the suggested exemption may be included in Delegated Regulation (EU) No 1393/2014.

(9)

The joint recommendation suggests to apply in 2018, 2019 and 2020 a de minimis exemption for up to a maximum of 1 % of the total annual catches of mackerel (Scomber scombrus), horse mackerel (Trachurus ssp.), herring (Clupea harengus) and whiting (Merlangius Merlangus) in the small pelagic fisheries carried out by midwater trawlers (OTM and PTM) up to 25 m in length overall and targeting mackerel, horse mackerel and herring in ICES division VIId. The scientific evidence provided by the Member States in order to support the suggested exemption was reviewed by STECF. STECF noted that the de minimis exemption may provide an incentive for the fleets involved to adapt their behaviour and continue research on ways to improve selectivity. Therefore, the exemption concerned may be included in Delegated Regulation (EU) No 1393/2014.

(10)

The duration of the discard plan should consequently be extended until 31 December 2020.

(11)

Article 2 of Delegated Regulation (EU) No 1393/2014 provides respectively for a survivability exemption for mackerel and herring caught in the purse seine fisheries. This measure was positively evaluated by STECF in 2014. The Commission considers that the evidence on which that evaluation was based remains valid for the next three years. Therefore it is appropriate to extend the application of the measure until 2020.

(12)

Delegated Regulation (EU) No 1393/2014 and its Annex should be amended accordingly.

(13)

Since the measures provided for in this Regulation impact directly on the economic activities linked to, and the planning of, the fishing season of Union vessels, this Regulation should enter into force immediately after its publication. Considering that the discard plan established by Delegated Regulation (EU) No 1393/2014 expires on 31 December 2017, this Regulation should apply from 1 January 2018,

(1)

in Article 2, the following paragraph 6 is added

(2)

in Article 3, the heading is replaced by the following: ‘De minimis exemptions in the years 2015, 2016 and 2017’;

(3)

the following Article 3a is inserted:

(4)

in Article 5, the second paragraph is replaced by the following:

‘It shall apply from 1 January 2015 to 31 December 2020.’;

(5)

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

(1)

To protect juvenile swordfish, paragraphs 15 and 17 of Recommendation 16-05 of the International Commission for the Conservation of Atlantic Tunas (ICCAT) provide for a minimum size for swordfish caught in the Mediterranean. Catches and by-catches of swordfish below this minimum size, including in sport and recreational fisheries, should not be kept on board the fishing vessel, transhipped, transported, stored, landed, sold, displayed or offered for sale.

(2)

Furthermore, under paragraph 17 of Recommendation 16-05, vessels actively fishing for swordfish must discard incidental catches of swordfish below the minimum size that exceed 5 % of their total swordfish catch.

(3)

For sport and recreational fisheries, paragraphs 23 and 26 of ICCAT Recommendation 16-05 establish that it should be prohibited to catch, retain on board, tranship or land more than one Mediterranean swordfish per vessel per day. Necessary measures should be put in place to ensure, to the greatest extent possible, the release of Mediterranean swordfish caught alive during sport and recreational fishing, especially juveniles.

(4)

Paragraph 30 of ICCAT Recommendation 16-05 establishes that vessels not authorised to fish actively for Mediterranean swordfish may keep on board swordfish catches not exceeding a maximum by-catch limit per vessel and per fishing operation. Member States should establish that by-catch limit in their annual fishing plans and report it to the Commission. Vessels not authorised to fish actively for Mediterranean swordfish should not retain on board by-catches of Mediterranean swordfish exceeding the limits in the national annual fishing plans.

(5)

To ensure consistency between ICCAT Recommendation 16-05 and European Union law, the landing obligation in Article 15(1) of Regulation (EU) No 1380/2013 should not apply to Union vessels participating in Mediterranean swordfish fisheries.

(6)

Commission Delegated Regulation (EU) 2015/98 (2) should be amended to include new provisions reflecting the fishing conditions established in ICCAT Recommendation 16-05.

(7)

In line with the timeframe laid down in Article 15(1) of Regulation (EU) No 1380/2013, this Regulation should enter into force immediately after its publication,

(1)

Article 5 is amended as follows:

(2)

a new Article 5a is inserted as follows:

(1)

Regulation (EC) No 882/2004 lays down general tasks and requirements for European Union reference laboratories (‘EU reference laboratories’) for food and feed and for animal health. In accordance with that Regulation EU reference laboratories are responsible, in particular, for providing national reference laboratories with details of analytical methods and for the coordination of the application of such methods. The EU reference laboratories for food and feed are listed in Part I of Annex VII to that Regulation. In the field of contaminants in feed and food, an EU reference laboratory for heavy metals in feed and food, an EU reference laboratory for mycotoxins, an EU reference laboratory for Polycyclic Aromatic Hydrocarbons (PAH) and an EU reference laboratory for dioxins and PCBs in feed and food have been designated.

(2)

The Joint Research Centre (JRC) of the European Commission currently hosting the EU reference laboratory for heavy metals in feed and food, the EU reference laboratory for Polycyclic Aromatic Hydrocarbons (PAHs) and the EU reference laboratory for mycotoxins in feed and food since 2006, has informed the Directorate General for Health and Food Safety that it will no longer continue to host these EU reference laboratories as from 1 January 2018.

(3)

In these areas the effectiveness of official controls and other control activities depend on the quality, uniformity and reliability of the methods of analysis and analytical results performed by the official laboratories and there is a continued need to promote uniform practices in the use of analytical methods. It is necessary to maintain an EU reference laboratory in these areas and therefore to designate new EU reference laboratories. In addition, as since 2006, new priorities have been identified in the field of metals, nitrogenous compounds, processing contaminants and plant toxins, it is necessary to widen the scope of activities and tasks of the new EU reference laboratories to be designated.

(4)

The scope of activities and tasks of the current EU reference laboratory for heavy metals in feed and food should therefore be extended to all metals and nitrogenous compounds in feed and food, of the current EU reference laboratory for Polycyclic Aromatic Hydrocarbons (PAH) to all processing contaminants and of the current EU reference laboratory for mycotoxins in feed and food to mycotoxins and plant toxins in feed and food.

(5)

Therefore the Commission launched on 23 January 2017 a call for applications to select and designate an EU reference laboratory for the abovementioned areas. The selected laboratory National Food Institute, Technical University of Denmark (Denmark) should be designated as EU reference laboratory for metals and nitrogenous compounds in feed and food, the laboratory National Food Institute, Technical University of Denmark (Denmark) as EU reference laboratory for processing contaminants and the laboratory RIKILT (Stichting Wageningen Research) (The Netherlands) as EU reference laboratory for mycotoxins and plant toxins in feed and food.

(6)

Given the growing importance of chlorinated persistent contaminants other than PCBs and dioxins, brominated persistent contaminants and fluorinated persistent contaminants for the safety of feed and food, it is also appropriate to extend the scope of the EU reference laboratory for dioxins and PCBs in feed and food to all halogenated persistent organic pollutants (POPs) in feed and food. Therefore the EU reference laboratory for dioxins and PCBs in feed and food should be renamed in EU reference laboratory for halogenated persistent organic pollutants (POPs) in feed and food to reflect this extension of scope.

(7)

Part I of Annex VII to Regulation (EC) No 882/2004 should therefore be amended accordingly.

(8)

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

(1)

Council Directive 92/65/EEC (2) provides for an alternative system to quarantine for rabies for the entry of certain domestic carnivores into Member States. In accordance with the second paragraph of Article 16 of that Directive, that system requires in case of imports from certain third countries of dogs, cats and ferrets checks on the effectiveness of the vaccination of those animals by titration of antibodies.

(2)

Such checks are also required in accordance with Article 10(1)(c) of Regulation (EU) No 576/2013 of the European Parliament and of the Council (3) in respect of the non-commercial movement of dogs, cats and ferrets from certain third countries.

(3)

Decision 2000/258/EC designates the Agence française de sécurité sanitaire des aliments (AFSSA) in Nancy, France, as the specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines. The AFSSA has now been integrated into the Agence nationale de sécurité sanitaire de l'alimentation, de l'environnement et du travail (ANSES) in France.

(4)

Decision 2000/258/EC provides inter alia that the ANSES is to appraise laboratories in third countries that have applied for approval to carry out serological tests to monitor the effectiveness of rabies vaccines.

(5)

The competent authority of Brazil has submitted an application for the approval of the laboratory ‘TECSA LABORATÓRIOS LTDA’ in Belo Horizonte, for which the ANSES has established and submitted to the Commission a favourable appraisal report, dated 23 October 2017.

(6)

The authorisation granted on 31 January 2006 in accordance with Decision 2000/258/EC to ‘Instituto Pasteur’ in São Paulo, Brazil, has been withdrawn in accordance with Commission Decision 2010/436/EU (4) following the unfavourable appraisal report dated 30 September 2011 established by the ANSES for this laboratory and submitted to the Commission.

(7)

The competent authority of Brazil has submitted an application for re-approval of ‘Instituto Pasteur’ in São Paulo, for which the ANSES has established and submitted to the Commission a favourable appraisal report, dated 23 October 2017.

(8)

The competent authority of the Russian Federation has submitted an application for the approval of the laboratories ‘NoviStem LLC’ in Moscow and the ‘Institute of Veterinary Medicine Biotechnology LLC (IBVM)’ in Volginski, for which the ANSES has established and submitted to the Commission a favourable appraisal report, dated 23 October 2017.

(9)

The laboratories ‘TECSA LABORATÓRIOS LTDA’ in Belo Horizonte, ‘Instituto Pasteur’ in São Paulo, ‘NoviStem LLC’ in Moscow and the ‘Institute of Veterinary Medicine Biotechnology LLC (IBVM)’ in Volginski, should therefore be authorised to carry out serological tests to monitor the effectiveness of rabies vaccines in dogs, cats and ferrets.

(10)

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

(a)

(b)

(c)

(d)

(1)

Commission Implementing Decision (EU, Euratom) 2016/2366 (2), lays down the arrangements for the transmission of information to the Commission by the Member States under the system of own resources.

(2)

Models should be established for the monthly transmission of the statements of the ‘A’ and of the ‘B’ account so that they can be reported in a structured manner. It is necessary to clarify that ‘amounts recovered’ reflects the fulfilment of the Member States' financial obligations to make available traditional own resources and not only payments received by Member States of economic operators owing customs duties. ‘Amounts recovered’ should therefore explicitly include those amounts, which are made available to the Union budget because their non-recovery towards debtors is attributable to the Member States following administrative errors or lack of diligence in Member States' recovery efforts. Additional information should be provided in the statements in order to contribute to more clarity and transparency of the statements.

(3)

All amounts made available as traditional own resources on the Commission's accounts according to Article 9 of Regulation (EU, Euratom) No 609/2014, should be introduced in the accounting statements and their annexes. To ensure that all amounts are recorded, even those made available outside of the time limit laid down in Article 10(1) of Regulation (EU, Euratom) No 609/2014, additional information should be introduced in subsequent annexes to the statements of the ‘A’ account.

(4)

The report referred to in Article 13(3) of Regulation (EU, Euratom) No 609/2014 should contain all the facts necessary for a full examination of the reasons, which prevented the Member State from making available amounts deemed or declared irrecoverable exceeding EUR 100 000, including the recovery measures taken by the Member State. The reports submitted under Implementing Decision (EU, Euratom) 2016/2366 are sometimes not exhaustive and for that reason requests for additional information need to be made to the Member States concerned. It is therefore necessary to introduce additional elements and clarifications in the existing forms, such as further details on the debt incurred and the events leading to the establishment of the entitlement, on mutual assistance, and on the payment and recovery process.

(5)

Account needs to be taken of the amendments to Regulation (EU, Euratom) No 609/2014 introduced by Council Regulation (EU, Euratom) 2016/804 (3) applicable from 1 October 2016 with regard to the potential release from the obligation to make to the Union's budget those amounts of traditional own resources available that prove irrecoverable due to deferred entry in the accounts or deferred notification of customs debts in order not to prejudice criminal investigations affecting the financial interests of the Union.

(6)

It is necessary to provide for transitional period to give Member States time to adapt to the changes introduced in the forms for reporting under Articles 6(4) and 13(3) of Regulation (EU, Euratom) No 609/2014.

(7)

For reasons of clarity and legal certainty Implementing Decision (EU, Euratom) 2016/2366 should be repealed,

(1)

Commission Implementing Decision (EU, Euratom) 2016/2365 (2) lays down the arrangements for the transmission of information to the Commission by the Member States under the system of own resources.

(2)

Cases of fraud and irregularities should be reported in a structured manner and contain risk-related information. The same fraud and irregularity form is already being used to update previously reported cases. Therefore Annex II to Implementing Decision (EU, Euratom) 2016/2365 has become obsolete.

(3)

It is necessary to provide for transitional period to give Member States time to adapt to the changes introduced in the forms for reporting under Article 5(1) of Regulation (EU, Euratom) No 608/2014.

(4)

For reasons of clarity and legal certainty Implementing Decision (EU, Euratom) 2016/2365 should be repealed,