(1)

On 14 August 2019, Regulation (EU) 2019/1241 (the “Technical Measures Regulation”) on the conservation measures of fisheries resources and the protection of marine ecosystems through technical measures entered into force. It establishes in Annex VI specific provisions regarding technical measures established at regional level for the Union waters of North Western Waters.

(2)

Belgium, Spain, France, Ireland and the Netherlands have a direct fisheries management interest in the North Western Waters. These Member States submitted a first joint recommendation in May 2020. The Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the joint recommendation in July 2020. Following the STECF advice, the Commission invited Member States to align the joint recommendation with the scientific evaluation. As a consequence, Member States submitted a revised joint recommendation on 14 December 2020.

(3)

Pending the adoption of the measures proposed in the joint recommendation by delegated act, remedial measures within the meaning of the Western Waters MAP, that aimed at decreasing by-catches of cod and whiting in the Celtic Sea and adjacent areas, and additional technical measures aiming to reduce gadoid bycatches in the Irish Sea and West of Scotland were established in Articles 15 to 17 of Council Regulation (EU) 2021/92 (2). These measures were functionally linked to the TAC levels for target species caught in mixed fisheries, as, without those measures such TAC levels would have had to be reduced to allow the by-catch stocks to recover.

(4)

Part of the North Western Waters is no longer EU waters requiring therefore the EU and the UK to engage in consultations on common measures. While the EU and the UK did not reach agreement on aligned functionally linked technical measures it is necessary to continue with the application of existing functionally linked technical measures established in Articles 15 to 17 of Regulation 2021/92 that allowed setting the TACs of target species at levels proposed in that Regulation without jeopardising the state of the unavoidable bycatch stocks in Union waters, and acknowledging that reaching this agreement at the beginning of 2022 will be a priority for the EU. Any technical measures established in agreement with third countries for 2022 will have to be implemented into the EU law through applicable legal framework.

(5)

In parallel to the on-going negotiations with the UK, the concerned Member States Belgium, Spain, France, Ireland and the Netherlands submitted a new joint recommendation on 30 April 2021 that reproduces the joint recommendation submitted in 2020, with the inclusion of a new specification in ICES division 7a (Irish Sea). This joint recommendation proposed to maintain these measures in place while agreement with the UK has not been reached.

(6)

This Regulation aims at incorporating into one single act existing provisions on technical measures that were in the past adopted as part of the discard plans for the North Western Waters, technical measures corresponding to the measures established in Article 15 to 17 in Regulation 2021/92, and in addition measures on a new fishing gear for the Irish Sea included in the joint recommendation of 2021.

(7)

The measures in this Regulation applicable to Union waters are in pursuit of the objectives set out in Article 494(1) and (2) of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (3), and have regard to the principles referred to in Article 494(3) of that agreement. They are without prejudice to any measures applicable in waters of the United Kingdom of Great Britain and Northern Ireland.

(8)

Based on the information provided by the Member States, the STECF assessed (4) (5) the evidence provided by the regional groups in support of the technical measures included in the joint recommendation.

(9)

The measures included in this Regulation have been evaluated in accordance with Articles 2(2), 15 and 18 of Regulation (EU) 2019/1241. Member States provided evidence to demonstrate that the proposals comply with Article 15(4) and (5) of Regulation (EU) 2019/1241.

(10)

The Fisheries Expert Group was consulted on the joint recommendation on 16 July 2021.

(11)

The joint recommendation suggested specific measures to reduce bycatches of cod and whiting in the Celtic Sea and adjacent areas based on the remedial measures that were in place in 2020 (6). These specific measures concern bottom trawls and seines in ICES divisions from Union waters of 7f, 7g, the of 7h North of latitude 49° 30′ North and the part of 7j North of latitude 49° 30′ North and East of longitude 11° West, as well as vessels fishing with bottom trawls whose catches measured before any discards consist of at least 20 % of haddock. The STECF concluded (7) that the proposed gears are more selective than the measures described in Regulation (EU) 2019/1241. The proposed measures should therefore be included in Regulation (EU) 2019/1241.

(12)

The joint recommendation suggested specific conditions for the Celtic Sea in relation to the catch composition, and in particular when the by-catches of cod do not exceed 1,5 %. The STECF is reluctant to establish conditions based on bycatch thresholds given the poor status of the stocks in these areas. However, the STECF also noted (8) that even if the 1,5 % cod bycatch rule were not exceeded by any trip, the alternative gears specified in the joint recommendation would still be more selective than the baseline gears in Regulation (EU) 2019/1241. The proposed measures should therefore be included in Regulation (EU) 2019/1241.

(13)

The joint recommendation suggested specific technical measures for bottom trawls and seines in Union waters of ICES divisions from 7f to 7k and in the area West of 5° W longitude in ICES division 7e. The STECF concluded that these measures are more selective than the measures proposed in Regulation (EU) 2019/1241. These measures should therefore be included in Regulation (EU) 2019/1241.

(14)

The joint recommendation suggested specific conditions in the Celtic Sea when the catch comprises more than 30 % of Norway lobster. The STECF concluded (9) that overall, the proposed options are more selective or at least equivalent to gears specified in the derogations for directed fishery of Regulation (EU) 2019/1241. In relation to the dual codend, the STECF had assessed an underpinning study in previous reports (10) and concluded that in principle it has the potential to reduce bycatch of unwanted species while maintaining catches of target species. Member States should provide additional specifications for assessment of the STECF no later than by 1 May 2022. These measures should therefore be included in Regulation (EU) 2019/1241.

(15)

The joint recommendation suggested specific conditions in the Celtic Sea when catches comprise more than 55 % of whiting or 55 % of anglerfish, hake or megrim combined. Although the STECF is reluctant to introduce conditions in relation to catch composition (11), it concludes that the proposed measures are still more selective than the baseline introduced by the Technical Measures Regulation. These measures should therefore be included in Regulation (EU) 2019/1241.

(16)

The joint recommendation suggested specific technical measures in the West of Scotland. The STECF concluded that the proposed gears are likely to improve the selectivity of cod, haddock and whiting. These measures should therefore be included in Regulation (EU) 2019/1241.

(17)

The joint recommendation suggested specific technical measures in the Irish Sea for bottom trawls or seines with a cod-end mesh size equal to or larger than 70 mm and smaller than 100 mm and with catches comprising more than 30 % of Norway lobster. The STECF concluded (12) that these gears are likely to reduce the catches of cod, haddock and whiting in comparison to the measures laid out in the Technical Measures Regulation. These measures should therefore be included in Regulation (EU) 2019/1241.

(18)

The joint recommendation suggested specific technical measures in the Irish Sea for vessels equal to or greater than 12 meters in length overall operating with bottom trawls or seines with specificities on catch composition for haddock, cod and skates and rays combined. In general, the STECF considered (13) (14) that the gears proposed in the joint recommendation are more selective than the gears described in the Technical Measures Regulation. These measures should therefore be included in Regulation (EU) 2019/1241.

(19)

This joint recommendation, includes for 2021 the specification for a fishing gear for bottom trawls and seines in ICES division 7a (Irish Sea) on the basis of equivalent selectivity as the baseline fishing gear as set by Regulation (EU) 2019/1241 for that area and fishery. The STECF assessed the new scientific evidence underpinning the change in joint recommendation in June 2021 concluding for a similar selectivity characteristics of the gear as compared to the baseline fishing gear.

(20)

The joint recommendation suggested to harmonise the minimum conservation reference size (MCRS) for several species caught in recreational fisheries in the North Western-Waters with the minimum conservation reference size applicable to commercial fisheries. A number of species included in the joint recommendation for harmonisation of the MCRS are classified by ICES as being depleted, or ICES considers that recreational fisheries impacts significantly their overall fishing mortality. Furthermore, a number of those same species straddles from South Western Waters (SWW) and North Sea (NS) into North Western Waters, and in SWW and NS the MCRS for those species have already been harmonized between commercial and recreational fisheries. The STECF analysed the evidence provided and concluded (15) that this measure is likely to reinforce the protection of juvenile marine fish species. These measures should therefore be included in Regulation (EU) 2019/1241.

(21)

In order to optimise exploitation patterns, increase gear selectivity and reduce unwanted catches it is therefore appropriate to adopt the technical measures submitted by the Member States.

(22)

As the measures provided for in this Regulation have a direct impact on the planning of the fishing season of fishing vessels and on related economic activities, this Regulation should enter into force immediately after its publication,

(1)

In accordance with Article 45(1), point (b)(iii), of Regulation (EU) 2018/848, a product may be imported for the purpose of placing that product on the market within the Union as an organic product or as an in-conversion product, if that product complies with the equivalent production and control rules of a recognised third country and is imported with a certificate of inspection confirming this compliance that was issued by the competent authorities, control authorities or control bodies of that third country. Article 48(1) of that Regulation clarifies that, in that context, a recognised third country is a third country that has been recognised for the purpose of equivalence under Article 33(2) of Council Regulation (EC) No 834/2007 (2).

(2)

That recognition expires on 31 December 2026. Those third countries continue to be recognised until that date, in order to ensure a smooth transition to the scheme of recognition under a trade agreement pursuant to Article 47 of Regulation (EU) 2018/848, provided that they continue to ensure that their organic production and control rules are equivalent to the relevant Union rules in force and that they comply with all requirements relating to the supervision of their recognition by the Commission in accordance with Commission Delegated Regulation (EU) 2021/1342 (3).

(3)

The list of recognised third countries established by this Regulation is based on the list as published in Annex III to Commission Regulation (EC) No 1235/2008 (4), with the exception of Chile, Switzerland and the United Kingdom, as the trade in organic products with those countries is covered by specific agreements. However, in the light of new information received by the Commission from certain third countries since the last amendment of that list, certain changes should be taken into consideration and the list should be adapted accordingly.

(4)

According to the information provided by Argentina, the name of the control body ‘Argencert’ has been changed to ‘Ecocert Argentina SA’.

(5)

Costa Rica has informed the Commission that its competent authority withdrew the control bodies ‘Control Union Perú’ and ‘Primus Labs.com CR S.A.’ from the list of control bodies recognised by Costa Rica.

(6)

As regards India, a large number of consignments totalling to thousands of tons of allegedly organic sesame seed contaminated with ethylene oxide (‘ETO’) have been imported from that third country, in particular from operators controlled by control bodies supervised by India, and resulting in about 90 notifications in the Organic Farming Information System (OFIS). It appears that the presence of ETO – which is carcinogenic for humans – was detected in organic products before 2020. Various reliable methods for the analysis of ETO have been developed over the last three decades and have therefore been available in order to detect such contaminations. As regards those OFIS notifications, the levels of contamination found in the consignments have usually by far exceeded the maximum residue level established for ETO, with the exact levels of contamination varying depending on the consignment. This has led both to consumers being misled and to a significant health risk. The occurrence of the ETO contamination and the high concentrations found, as well as the lack of response on the root causes of the failure of the control system from the control bodies involved in those contaminations, which are under the supervision of the Indian competent authority, and the inappropriate corrective measures taken by those control bodies and the competent authority, jeopardise the robustness of the controls and the supervision itself. In addition, on the basis of information received by the Commission, it appears that some of the control bodies involved in those OFIS notifications did not respect the scope of recognition of India as regards the products that may be imported into the Union. For all those reasons and in accordance with Article 3, point (a), of Delegated Regulation (EU) 2021/1342, the following control bodies should not appear in the list of control bodies recognised by the Indian competent authority: ‘CU Inspections India Pvt Ltd’, ‘Ecocert India Pvt Ltd’, ‘Indian Organic Certification Agency (Indocert)’, ‘Lacon Quality Certifications Pvt Ltd’ and ‘OneCert International Private Limited’.

(7)

Annex III to Regulation (EC) No 1235/2008 as amended by Commission Implementing Regulation (EU) 2020/2196 (5) erroneously attributed the code number JP-BIO-038 to the control body ‘Japan Agricultural Standard Certification Alliance’, while that code number had already been assigned to the control body ‘Akatonbo’ by Commission Implementing Regulation (EU) 2020/25 (6). ‘Japan Agricultural Standard Certification Alliance’ should therefore be assigned a different code.

(8)

The Republic of Korea has informed the Commission that its competent authority has added the control body ‘ORGANIC PROMOTION’ to the list of control bodies recognised by that competent authority.

(9)

New Zealand has informed the Commission that its competent authority has changed name.

(10)

The scheme of control authorities and control bodies recognised by the Commission under Article 33(3) of Regulation (EC) No 834/2007 to carry out controls and to issue certificates in third countries for the purpose of importing products, while providing equivalent guarantees, is being phased out by Regulation (EU) 2018/848. As those control authorities and control bodies should be given sufficient time so that they can prepare themselves to obtain recognition for the purposes of the import of products that comply with Union rules, their recognition expires on 31 December 2024, provided that they comply with all requirements relating to the supervision of their recognition by the Commission in accordance with Delegated Regulation (EU) 2021/1342.

(11)

The list of recognised control authorities and control bodies established by this Regulation is based on the list published in Annex IV to Regulation (EC) No 1235/2008. However, in the light of new information and new requests for inclusion received by the Commission since the last amendment of that list, certain changes should be made to the list. In accordance with Article 11(1) of Regulation (EC) No 1235/2008, only complete requests submitted by 30 June 2021 under Regulation (EC) No 834/2007 were taken into account.

(12)

The Commission has received and examined a request from ‘A CERT European Organization for Certification S.A.’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition for all third countries currently listed in point 3 of its entry in Annex IV to Regulation (EC) No 1235/2008, to product categories B, C, and E.

(13)

The Commission has received and examined a request from ‘AfriCert Limited’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition to Côte d'Ivoire, Egypt, Ethiopia and South Africa for product categories A, B and D, and to extend the scope of its recognition for Burundi, the Democratic Republic of the Congo, Ghana, Kenya, Rwanda, Tanzania and Uganda to product category D.

(14)

The Commission has received and examined a request from ‘Albinspekt’ to change its name. Based on the information received, the Commission has concluded that it is justified to replace the name of that control body by ‘Albinspekt bio.inspecta’. Furthermore, the Commission has been informed that some details in the address of that control body have changed.

(15)

‘Australian Certified Organic’ has notified the Commission of the change of its address.

(16)

The Commission has received and examined a request from ‘BaŞak Ekolojik Ürünler Kontrol ve Sertifikasyon Hizmetleri Tic. Ltd’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition to the United Arab Emirates for product categories A and D.

(17)

The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, concluded by Council Decision (EU) 2021/689 (7), establishes a reciprocal recognition of equivalence of the current organic legislation and control system of both parties to that agreement. As a consequence, the recognition of the control bodies ‘Biodynamic Association Certification’, ‘Organic Farmers & Growers C. I. C’, ‘Organic Farmers & Growers (Scotland) Ltd’, ‘Organic Food Federation’, ‘Quality Welsh Food Certification Ltd’ and ‘Soil Association Certification Limited’ for the purpose of importing organic products from the United Kingdom granted by Implementing Regulation (EU) 2020/2196 should be withdrawn.

(18)

The Commission has received and examined a request from ‘Bio.inspecta AG’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition to Egypt for product categories A, B, D, E and F and to Thailand for product categories A, B, D and E, and to extend the scope of its recognition for Benin to product category D and for Turkey to product category B.

(19)

The Commission has received and examined a request from ‘Bureau Veritas Certification France SAS’ to amend its specifications. Based on the information received, it is justified to withdraw its recognition for product category A for Madagascar and to withdraw its recognition for Mauritius, Monaco, Morocco and Nicaragua.

(20)

The Commission has received and examined a request from ‘CCPB srl’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition to Libya for product categories A, B and D, and to extend the scope of its recognition for Vietnam to products categories A, B, C and E.

(21)

The Commission has received and examined a request from ‘CERES Certification of Environmental Standards GmbH’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition to Angola, Guinea Bissau, Jordan, Oman, Trinidad and Tobago for product categories A, B and D, and to Afghanistan and Sri Lanka for product categories A and D, and to extend the scope of its recognition for Iran to product category B, for Colombia and Peru to product category C and for Turkey to product categories C and F.

(22)

The Commission has received and examined a request from ‘Certificadora Biotropico S.A’ to amend its legal status. Based on the information received, the Commission has concluded that it is justified to replace the name of that control body by ‘Certificadora Biotropico SAS’.

(23)

‘Certisys’ has notified the Commission of the change of its address.

(24)

The Commission has received and examined a request from ‘Control Union Certifications’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition to Samoa, Saudi Arabia, Solomon Islands and Vanuatu for product categories A, D and F, to Argentina for product categories C and D, and to extend the scope of its recognition for Bangladesh to product category A, for Cuba and Namibia to product category B, for Qatar to product categories B and E, for El Salvador, Guatemala, Kenya and Nicaragua to product category C, for Costa Rica to product category D, and for Bosnia and Herzegovina and Chile to product category E.

(25)

The Commission has received and examined a request from ‘CTR Uluslararası Belgelendirme ve Denetim Ltd. Şti.’ to be included in the list of control authorities and control bodies recognised for the purpose of equivalence under Regulation (EC) No 834/2007. Based on the information received, it is justified to recognise that control body for Turkey for product categories A and D.

(26)

The Commission has received and examined a request from ‘Ecocert SA’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition to Bahrain for product categories A and B, to Bhutan and Gabon for product categories A and D, to the Maldives for product category D, to Qatar for product categories A, B and D and to Saint Barthélemy for product categories A, B, D and E. It is also justified to extend the scope of its recognition for Armenia, Cameroon, Lesotho, Mauritius, Mozambique, Namibia, the Occupied Palestinian Territory, Rwanda, Uganda and Zambia to product category F, for Bangladesh, India, Saudi Arabia, Sri Lanka, and Togo to product category B, for Botswana, Eswatini, Ethiopia, Malawi and Tanzania to product categories E and F, for Egypt and Kuwait to product category E, for Jordan, Oman and Pakistan to product categories B and E, and for Nigeria to product categories B, E and F. In addition, based on the clarification received from ‘Ecocert SA’, it is necessary to withdraw its recognition for product category C in respect of Bangladesh.

(27)

The Commission has received and examined a request from ‘Ecoglobe’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition to Egypt and the United Arab Emirates for product categories A, B and D.

(28)

The Commission has been informed by ‘Ecogruppo Italia’ of the change of its address.

(29)

The Commission has received and examined a request from ‘EGYCERT Ltd’ to be included in the list of control authorities and control bodies recognised for the purpose of equivalence under Regulation (EC) No 834/2007. Based on the information received, it is justified to recognise that control body for China, Egypt, Ghana, Kuwait, Pakistan, Saudi Arabia, Sudan, Turkey and the United Arab Emirates for product categories A and D.

(30)

The Commission has received and examined a request from ‘EKO-CONTROL SK s.r.o.’ to be included in the list of control authorities and control bodies recognised for the purpose of equivalence under Regulation (EC) No 834/2007. Based on the information received, it is justified to recognise that control body for Moldova, Serbia, and Russia for product category A.

(31)

The Commission has received and examined a request from ‘Food Safety SA’ to be included in the list of control authorities and control bodies recognised for the purpose of equivalence under Regulation (EC) No 834/2007. Based on the information received, it is justified to recognise that control body for Paraguay and Uruguay for product categories A, B and D, as well as for Argentina for product category D.

(32)

The Commission has received and examined a request from ‘IBD Certificações Ltda.’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition for China to product category B.

(33)

The Commission has received and examined a request from ‘Kiwa BCS Öko-Garantie GmbH’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition to Jamaica and Trinidad and Tobago for product categories A, D and F, and to extend the scope of its recognition for Costa Rica to product category B and for Nicaragua, Panama, Peru and Venezuela to product category C.

(34)

The Commission has received and examined a request from ‘LACON GmbH’ to amend its specifications. Based on the information received, it is justified to withdraw its recognition for Brazil, Cuba, the Dominican Republic and Mexico, while it is justified to extend the scope of its recognition to Iran for product category A, B and D.

(35)

The Commission has received and examined a request from ‘Mayacert’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition to Ecuador, Iran and Turkey for product categories A and D as well as to India for category D.

(36)

The Commission has received and examined a request from ‘NASAA Certified Organic Pty Ltd’ to amend its specifications. Based on the information received, the Commission has concluded that it is justified to extend the scope of its recognition to Bangladesh, Bhutan, Brunei, Cambodia, Fiji, French Polynesia, Hong Kong, Kiribati, Laos, the Marshall Islands, Micronesia, Myanmar/Burma, Nauru, New Caledonia, Palau, the Philippines, Thailand, Tuvalu, Vanuatu, Vietnam, and Wallis and Futuna for product categories A, B and D, as well as to India for product categories B and D.

(37)

‘Oregon Tilth’ has notified the Commission of the change of its address.

(38)

The Commission has received and examined a request from ‘Organic Control System’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition for Montenegro and North Macedonia to product category B, and for Bosnia and Herzegovina and Serbia to product categories B and E.

(39)

The Commission has received and examined a request from ‘Organic Standard’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition for Georgia and Moldova to product categories C, E and F, and for Kazakhstan to product categories C and F.

(40)

The Commission has received and examined a request from ‘Organización Internacional Agropecuaria’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition to China product categories A and D.

(41)

The Commission has received and examined a request from ‘Organska Kontrola’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition to Azerbaijan for product categories A, B and D.

(42)

The Commission has received and examined a request from ‘ORSER’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition to Moldova, Russia, Serbia, Ukraine and Uzbekistan for product categories A, D and E.

(43)

‘SIA “Sertifikācijas un testēšanas centrs”’ has notified the Commission of the change of its address.

(44)

The Commission has received and examined a request from ‘SRS Certification GmbH’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition to Burkina Faso, Congo, Côte d’Ivoire, Ghana, Senegal, Singapore, and Togo for product categories A, D and E, as well as to Armenia, Cambodia, Cameroon, Central African Republic, Chad, the Democratic Republic of the Congo, Equatorial Guinea, Gabon, Indonesia, Kenya, Laos, Malaysia, Myanmar/Burma, Niger, Pakistan, the Philippines, Rwanda, Sri Lanka, Thailand and Vietnam for product categories A and D.

(45)

The Commission has received and examined a request from ‘The First Agricultural Co., for Registration, Inspection and Certification Limited Liability (TAWTHIQ)’ to be included in the list of control authorities and control bodies recognised for the purpose of equivalence under Regulation (EC) No 834/2007. Based on the information received, it is justified to recognise that control body for Egypt, Saudi Arabia and Uzbekistan for product categories A and D.

(46)

The Commission has received and examined a request from ‘TÜV Nord Integra’ to amend its specifications. Based on the information received, it is justified to extend the scope of its recognition to Gambia for product categories A and D.

(47)

In the interest of clarity and legal certainty, this Regulation should apply from the date of application of Regulation (EU) 2018/848. In accordance with Article 48(1) of Regulation (EU) 2018/848, the recognition of third countries for the purpose of equivalence under Article 33(2) of Regulation (EC) No 834/2007 is to expire on 31 December 2026. In accordance with Article 57(1) of Regulation (EU) 2018/848, the recognition of control authorities and control bodies granted under Article 33(3) of Regulation (EC) No 834/2007 is to expire by 31 December 2024 at the latest.

(48)

The measures provided for in this Regulation are in accordance with the opinion of the Organic Production Committee,