(1)

Regulation (EU) No 649/2012 implements the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (2) (‘the Rotterdam Convention’).

(2)

By Implementing Regulations (EU) 2021/1379 (3) and (EU) 2022/94 (4), the Commission decided not to renew the approval of the substances famoxadone and phosmet, respectively, as active substances under Regulation (EC) No 1107/2009 of the European Parliament and of the Council (5). The effect of that decision is that famoxadone and phosmet are banned from all use in the category ‘pesticides’, due to the fact that they have not been approved for any other use in that category. Therefore, famoxadone and phosmet should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(3)

By Implementing Regulation (EU) 2021/2081 (6), the Commission decided not to renew the approval of the substance indoxacarb as an active substance under Regulation (EC) No 1107/2009. That decision amounts to a severe restriction of the use of that substance at the level of the category ‘pesticides’, considering that indoxacarb is only approved for use in biocidal products under Regulation (EU) No 528/2012 of the European Parliament and of the Council (7) for product-type 18 in the subcategory ‘other pesticide including biocides’. Therefore, indoxacarb should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(4)

By Implementing Regulation (EU) 2021/795 (8) the Commission decided to withdraw the approval of the substance alpha-cypermethrin as an active substance under Regulation (EC) No 1107/2009. The effect of that decision is that alpha-cypermethrin is banned from use in the subcategory ‘pesticide in the group of plant protection products’. In addition, the harmonised classification of alpha-cypermethrin under Regulation (EC) No 1272/2008 of the European Parliament and of the Council (9) is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, alpha-cypermethrin should be added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012.

(5)

The active substance bromadiolone has been withdrawn by industry from the approval process under Regulation (EC) No 1107/2009. The effect of that withdrawal is that bromadiolone is banned from use in the subcategory ‘pesticide in the group of plant protection products’. In addition, the harmonised classification of bromadiolone under Regulation (EC) No 1272/2008 is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, bromadiolone should be added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012.

(6)

The active substance metam-sodium has been withdrawn by industry from the approval process under Regulation (EU) No 528/2012. The effect of that withdrawal is that metam-sodium is banned from all use in the subcategory ‘other pesticide including biocides’. In addition, the harmonised classification of that substance under Regulation (EC) No 1272/2008 is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, metam-sodium should be added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012.

(7)

By Implementing Regulation (EU) 2022/782 (10) the Commission decided to withdraw the approval of the substance isopyrazam as an active substance under Regulation (EC) No 1107/2009. The effect of that decision is that isopyrazam is banned from all use in the category ‘pesticides’, due to the fact that it has not been approved for any other use in that category. Therefore, isopyrazam should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(8)

The active substance diuron has been withdrawn by industry from the approval process under Regulation (EC) No 1107/2009. The effect of that withdrawal is that the use of diuron is severely restricted at the level of the category ‘pesticides’, considering that diuron is only allowed to be used in biocidal products under Regulation (EU) No 528/2012 for product-types 7 and 10 in the subcategory ‘other pesticide including biocides’. In addition, the harmonised classification of diuron under Regulation (EC) No 1272/2008 is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, diuron should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(9)

The active substances azimsulfuron, carbetamide, carboxin, cyproconazole, ethametsulfuron-methyl, etridiazole, fenbuconazole, fluquinconazole, lufenuron, metosulam, myclobutanil, pencycuron, prochloraz, profoxydim, spirodiclofen and triflumizole have been withdrawn by industry from the approval process under Regulation (EC) No 1107/2009. The effect of that withdrawal is that those substances are banned from all use in the category ‘pesticides’, due to the fact that they have not been approved for any other use in that category. In addition, the harmonised classification of those substances under Regulation (EC) No 1272/2008 is sufficient evidence that the substances raise concerns for human health or the environment. Therefore, those substances should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(10)

By Implementing Decisions (EU) 2018/622 (11), (EU) 2020/1765 (12) and (EU) 2021/98 (13), the Commission decided not to approve the substances chlorophene and esbiothrin as active substances under Regulation (EU) No 528/2012. The effect of that decision is that chlorophene and esbiothrin are banned from all use in the category ‘pesticides’, due to the fact that the substances have not been approved for any other use in that category. Therefore, chlorophene and esbiothrin should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(11)

The active substance fenoxycarb has been withdrawn by industry from the approval processes under Regulation (EC) No 1107/2009 and under Regulation (EU) No 528/2012. The effect of those withdrawals is that fenoxycarb is banned from use in the category ‘pesticides’. In addition, the harmonised classification of fenoxycarb under Regulation (EC) No 1272/2008 is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, fenoxycarb should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(12)

By Commission Delegated Regulation (EU) 2018/172 (14), the substance triflumuron has been added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012, based on a ban in the subcategory ‘other pesticide including biocides’. In addition, the active substance triflumuron has been withdrawn by industry from the approval process under Regulation (EC) No 1107/2009 and the conclusions of the risk assessment under Regulation (EU) No 528/2012 constitute sufficient evidence that the substance raises concerns for human health or the environment, which amounts to a ban in the subcategory ‘pesticide in the group of plant protection products’. Consequently, triflumuron is banned from all use in the category ‘pesticides’ and should be added to the list of chemicals set out in Part 2 of Annex I to Regulation (EU) No 649/2012.

(13)

By Commission Delegated Regulation (EU) No 1078/2014 (15), the substance cyfluthrin has been added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012, based on a ban in the subcategory ‘pesticide in the group of plant protection products’. That ban amounts to a severe restriction of the use of that substance at the level of the category ‘pesticides’, considering that cyfluthrin is only approved for use in biocidal products under Regulation (EU) No 528/2012 for product-type 18 in the subcategory ‘other pesticide including biocides’. Therefore, cyfluthrin should be added to the list of chemicals set out in Part 2 of Annex I to Regulation (EU) No 649/2012.

(14)

The substances chlorfenvinphos and terbufos are not approved as active substances under Regulation (EC) No 1107/2009 and those substances are not approved as active substances under Regulation (EU) No 528/2012. Consequently, chlorfenvinphos and terbufos are banned from all use in the category ‘pesticides’ and should be listed in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012. Since chlorfenvinphos and terbufos are already listed in Part 1 they should be added to the list of chemicals set out in Part 2 of Annex I to Regulation (EU) No 649/2012.

(15)

The substances 1-bromopropane, diisopentyl phthalate, 1,2-benzenedicarboxylic acid, di-C6-8-branched alkyl esters, C7 rich, 1,2-benzenedicarboxylic acid, di-C7-11-branched and linear alkyl esters, 1,2-benzenedicarboxylic acid, dipentylester, branched and linear, bis(2-methoxyethyl) phthalate, dipentyl phthalate and n-pentyl-isopentyl phthalate are listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council (16) since they have been previously identified as substances of very high concern. Consequently, those substances are subject to authorisation in accordance with Title VII of Regulation (EC) No 1907/2006. Since no authorisations have been granted, those substances are severely restricted for industrial use. Therefore, those substances should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(16)

At its tenth meeting held from 6 to 17 June 2022, the Conference of the Parties to the Rotterdam Convention decided to include decabromodiphenyl ether and perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in Annex III to that Convention, with the effect that those chemicals became subject to the prior informed consent procedure under that Convention. Consequently, those chemicals should be added to the list of chemicals set out in Part 3 of Annex I to Regulation (EU) No 649/2012. Since decabromodiphenyl ether and perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds are already listed in Part 2 of Annex I to that Regulation, those chemicals should be removed from the list of chemicals set out in Part 2 of Annex I to Regulation (EU) No 649/2012.

(17)

The entries for bromoxynil, epoxiconazole and nonylphenol ethoxylates included in the lists of chemicals set out in Parts 1 and 2 of Annex I should be amended by clarifying the scope or adding additional numerical identifiers in order to facilitate implementation of Regulation (EU) No 649/2012.

(18)

Regulation (EU) No 649/2012 should therefore be amended accordingly.

(19)

It is appropriate to provide for a reasonable period of time for interested parties to take the measures necessary to comply with this Regulation and for Member States to take the measures necessary for its implementation,

(1)

Council Regulation (EU) 2023/194 (2) lays down quotas for 2023.

(2)

According to the information received by the Commission, catches of the stock of cod in Norwegian waters of 1 and 2 by vessels flying the flag of or registered in Spain have exhausted the quota allocated for 2023.

(3)

It is therefore necessary to prohibit certain fishing activities for that stock,

(1)

Council Regulation (EU) 2023/194 (2) lays down quotas for 2023.

(2)

According to the information received by the Commission, catches of the stock of undulate ray in Union waters of 9 by vessels flying the flag of or registered in Spain have exhausted the quota allocated for 2023.

(3)

It is therefore necessary to prohibit certain fishing activities for that stock,

(1)

Council Regulation (EU) 2023/194 (2) lays down quotas for 2023.

(2)

According to the information received by the Commission, catches of the stock of Blue marlin in the Atlantic ocean by vessels flying the flag of or registered in Portugal have exhausted the quota allocated for 2023.

(3)

It is therefore necessary to prohibit certain fishing activities for that stock,

(1)

Council Regulation (EU) 2023/194 (2) lays down quotas for 2023.

(2)

According to the information received by the Commission, catches of the stock of undulate ray in Union waters of 8 by vessels flying the flag of or registered in Spain have exhausted the quota allocated for 2023.

(3)

It is therefore necessary to prohibit certain fishing activities for that stock,

(1)

Fishing quotas for the year 2022 have been established by Council Regulations (EU) 2021/91 (2), (EU) 2021/1888 (3), (EU) 2022/109 (4) and (EU) 2022/110 (5).

(2)

Fishing quotas for the year 2023 have been established by Council Regulations (EU) 2022/2090 (6), (EU) 2023/194 (7) and (EU) 2023/195 (8).

(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 are 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 2022. Deductions should therefore be operated on the fishing quotas allocated to them in 2023 and, where relevant, in subsequent years, for the overfished stocks.

(6)

Commission Implementing Regulation (EU) 2022/1926 (9) established deductions from fishing quotas for certain fish stocks in 2022 on account of overfishing in the previous years. In 2021, Portugal overfished its fishing quota for anchovy in areas 9 and 10; Union waters of CECAF 34.1.1 (ANE/9/3411). Following Portugal’s request on 22 August 2022, the Commission agreed to spread the deduction over two years in accordance with point 3(a) of the Communication from the Commission 2022/C 369/03 (10) (‘the Guidelines’). Article 3 of Commission Implementing Regulation (EU) 2022/2458 (11) provides that the annual deduction shall amount to 1 477,376 tonnes in 2022 and 2023. On 19 April 2023, considering that Portugal expected to have sufficient quota left at the end of the 2022 fishing season for ANE/9/3411, it requested the Commission to cancel the spreading over two years of the deduction. Therefore, the Commission operated the entire deduction, i.e. 2 954,752 tonnes – including a multiplying factor of 1,40 – on the Portuguese quota for ANE/9/3411 for the 2022 fishing season. Consequently, there is no outstanding deduction to be operated on the Portuguese quota allocated for the 2023 fishing season for this stock.

(7)

The Guidelines replaced Communication 2012/C 72/07 to adapt, where applicable, the timeline for deductions in case of overfishing of a quota for stocks managed by regional fisheries management organisations to the timeline for deductions set in the regional fisheries management organisations concerned for these stocks. Recommendation 21-01 by the International Commission for the Conservation of Atlantic Tuna (ICCAT) on a multiannual conservation and management programme for tropical tunas (12) as well as Recommendation 22-03 by ICCAT for the conservation of North Atlantic swordfish (13) establish that any excess of the annual adjusted quota in the year 2022 shall be deducted from the respective quota/catch limit for 2024. On this basis, deductions – including those resulting from applicable multiplying factors – on account of overfishing established in 2022 for the stock of bigeye tuna in the Atlantic Ocean (BET/ATLANT) and the stock of swordfish in the Atlantic Ocean, north of 5° N (SWO/AN05N), both managed by ICCAT, should only be applied in 2024.

(8)

Further updates or corrections may still occur following the detection, for the current or previous deduction exercise, of errors, omissions or misreporting in the catch figures declared by the Member States pursuant to Article 33 of Regulation (EC) No 1224/2009.

(9)

Since quotas are expressed in tonnes, overfishing involving quantities of less than 1 tonne should not be considered,

(1)

A request for registration of a European citizens’ initiative entitled ‘Preservation and development of Ukrainian culture, education, language, and traditions in EU states’ was submitted to the Commission on 17 July 2023.

(2)

That request follows the request for registration of a European citizens’ initiative entitled ‘EU Citizens’ Initiative on granting special status to the Ukrainian language in the European Union’ which was submitted to the Commission on 26 April 2023.

(3)

By letter of 24 May 2023 (C(2023) 3440 final), pursuant to Article 6(4) of Regulation (EU) 2019/788, the Commission informed the group of organisers that as regards the request for registration submitted on 26 April 2023, the requirements for registration set out in Article 6(3), first subparagraph, points (a), (d) and (e), of that Regulation were fulfilled and that Article 6(3), first subparagraph, point (b), thereof was not applicable. However, the Commission also explained that the initiative did not fulfil the requirement set out in Article 6(3), first subparagraph, point (c), of Regulation (EU) 2019/788. The initiative referred to the Council of Europe’s European Charter for Regional and Minority Languages as the relevant legal basis, rather than provisions of the Treaties. In examining the objectives of the initiative, the Commission referred to Article 342 of the Treaty on the Functioning of the European Union (TFEU) and explained that this did not provide a legal basis for the Commission to propose a Council regulation governing the use of the Ukrainian language in the institutions of the Union, as Article 342 TFEU does not provide for any role for the Commission. Similarly, as regards the right to use the Ukrainian language to communicate with local authorities and government bodies, the Commission is not empowered to propose any legislation in this regard. As regards the objective of increasing awareness of linguistic diversity and multilingualism in the Union and promoting policies that support the protection and promotion of minority languages and cultures across Europe, while the Commission could propose legislation based on Article 167 TFEU, in light of Article 167(5) TFEU, any action by the Commission would have to be limited to ‘incentive measures’. The Commission therefore informed the organisers pursuant to Article 6(4), first subparagraph, of Regulation (EU) 2019/788 that they could either amend the initiative to take into account the Commission’s assessment, or maintain, or withdraw, the initial initiative in accordance with Article 6(4), second subparagraph, of Regulation (EU) 2019/788.

(4)

On 17 July 2023, the group of organisers resubmitted the initiative.

(5)

The objectives of the amended initiative are expressed by the organisers as follows: ‘for the EU to take additional actions in supporting Ukrainian refugees. The Commission could propose legislation based on Article 167 TFEU, focusing on national and regional diversity and cultural heritage. The initiative aims to bridge cultural gaps and empower Ukrainian cultural and linguistic heritage in the EU community, fostering a sense of belonging and promoting integration for Ukrainian refugees. We can work towards a more inclusive and harmonious Europe by recognizing and embracing linguistic diversity and cultural identities, by establishing a pan-European structure of integration centers.’

(6)

An annex to the amended initiative provides further details on the subject matter, objectives and background to the initiative. It refers to the preservation of culture, language, traditions and heritage of Ukrainian refugees and the ‘formulation of a legislative strategy to protect the Ukrainian language as a future language of the EU’. In this context, the annex mentions Ukraine’s status as a candidate for Union membership among the ‘grounds for the full integration of Ukrainian citizens into the European community’. The amended initiative thus aims to ‘preserve and develop Ukrainian culture, education, language and traditions in EU countries’ on the basis of Article 167(2), (3) and (4) TFEU. In order to achieve these aims, the organisers propose the establishment of information centres in Member States with a Ukrainian refugee population of no less than 10 000 persons, ‘with financial support and under the auspices of European Union structures’.

(7)

The Commission considers that the measures called for by the initiative could, in principle, be proposed under Article 79(4) TFEU, which allows for the adoption of ‘measures to provide incentives and support for the action of Member States with a view to promoting the integration of third-country nationals residing legally in their territories’ but ‘excluding any harmonisation of the laws and regulations of the Member States’. Provided that the initiative is limited to the promotion of the integration of Ukrainian refugees in the Member States concerned, Article 79(4) TFEU would be an appropriate legal basis. Such integration could imply the acquisition of the knowledge of the national languages and of the society of the Member States concerned with a view to facilitating communication between Ukrainian refugees and citizens of the Union, and encouraging interaction and the development of social relations between them.

(8)

The Commission also considers that Article 78(2), point (c), TFEU, whereby legislative measures may be adopted for ‘a common system of temporary protection for displaced persons in the event of a massive inflow’, could be an additional legal basis, provided that the initiative is limited to Ukrainian refugees that are beneficiaries of temporary protection only and that the temporal scope of the initiative is then limited to the duration of the temporary protection.

(9)

In addition, as regards the specific measures proposed by the amended initiative to preserve the culture, language, traditions and heritage of Ukrainian people, the Commission has powers to submit a proposal for a legal act of the Union on the basis of Article 167 TFEU, in order to improve the knowledge and dissemination of the culture of the European peoples and safeguard cultural heritage. However, pursuant to Article 167(5) TFEU, any action by the Commission in this respect would have to be limited to proposing ‘incentive measures’.

(10)

For those reasons, the Commission considers that none of the parts of the amended initiative manifestly fall outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties.

(11)

That conclusion is without prejudice to the assessment of whether the concrete substantive conditions required for the Commission to act, including compliance with the principles of proportionality and subsidiarity and compatibility with fundamental rights, would be met in this case.

(12)

The group of organisers has provided appropriate evidence that it fulfils the requirements laid down in Article 5(1) and (2) of Regulation (EU) 2019/788 and has designated the contact persons in accordance with Article 5(3), first subparagraph, of that Regulation.

(13)

The amended initiative is not manifestly abusive, frivolous or vexatious, nor is it manifestly contrary to the values of the Union as set out in Article 2 of the Treaty on European Union or to the rights enshrined in the Charter of Fundamental Rights of the European Union.

(14)

The initiative entitled ‘Preservation and development of Ukrainian culture, education, language, and traditions in EU states’ should therefore be registered.

(15)

The conclusion that the conditions for registration under Article 6(3) of Regulation (EU) 2019/788 are fulfilled does not imply that the Commission in any way confirms the factual correctness of the content of the amended initiative, which is the sole responsibility of the group of organisers of the initiative. The content of the amended initiative only expresses the views of the group of organisers, and can in no way be taken to reflect the views of the Commission,