1.11.2016

EN

Official Journal of the European Union

L 296/1

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COMMISSION REGULATION (EU) 2016/1911

of 28 October 2016

establishing a prohibition of fishing for black scabbardfish in Union and international waters of VIII, IX and X by vessels flying the flag of Spain

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:

(1)	Council Regulation (EU) No 1367/2014 (2), lays down quotas for 2016.

(2)	According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2016.

(3)	It is therefore necessary to prohibit fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2016 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.

Article 3

Entry into force

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

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(1)  OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) No 1367/2014 of 15 December 2014 fixing for 2015 and 2016 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 366, 20.12.2014, p. 1).

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1.11.2016

EN

Official Journal of the European Union

L 296/3

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COMMISSION REGULATION (EU) 2016/1912

of 28 October 2016

establishing a prohibition of fishing for alfonsinos in Union and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV by vessels flying the flag of Spain

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:

(1)	Council Regulation (EU) No 1367/2014 (2), lays down quotas for 2016.

(2)	According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2016.

(3)	It is therefore necessary to prohibit fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2016 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.

Article 3

Entry into force

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

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(1)  OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) No 1367/2014 of 15 December 2014 fixing for 2015 and 2016 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 366, 20.12.2014, p. 1).

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1.11.2016

EN

Official Journal of the European Union

L 296/5

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COMMISSION IMPLEMENTING REGULATION (EU) 2016/1913

of 31 October 2016

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

(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,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

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

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(1)  OJ L 347, 20.12.2013, p. 671.

(2)  OJ L 157, 15.6.2011, p. 1.

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1.11.2016

EN

Official Journal of the European Union

L 296/7

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COMMISSION IMPLEMENTING DIRECTIVE (EU) 2016/1914

of 31 October 2016

amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC and Article 7 of Council Directive 2002/55/EC respectively, as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (1), and in particular Article 7(2)(a) and (b) thereof,

Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (2), and in particular Article 7(2)(a) and (b) thereof,

Whereas:

(1)

Commission Directives 2003/90/EC (3) and 2003/91/EC (4) were adopted to ensure that the varieties the Member States include in their national catalogues comply with the guidelines established by the Community Plant Variety Office (CPVO) as regards the characteristics to be covered as a minimum by the examination of the various species and the minimum conditions for examining the varieties, as far as such guidelines had been established. For other varieties those Directives provide that guidelines of the International Union for Protection of new Varieties of Plants (UPOV) are to apply.

(2)	The CPVO and UPOV have established further guidelines and have updated existing ones.

(3)	Directives 2003/90/EC and 2003/91/EC should therefore be amended accordingly.

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

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annexes I and II to Directive 2003/90/EC are replaced by the text in part A of the Annex to this Directive.

Article 2

The Annexes to Directive 2003/91/EC are replaced by the text in part B of the Annex to this Directive.

Article 3

For examinations started before 1 July 2017 Member States may apply Directives 2003/90/EC and 2003/91/EC in the version applying before their amendment by this Directive.

Article 4

Member States shall adopt and publish, by 30 June 2017 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions from 1 July 2017.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 5

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

Article 6

This Directive is addressed to the Member States.

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(1)  OJ L 193, 20.7.2002, p. 1.

(2)  OJ L 193, 20.7.2002, p. 33.

(3)  Commission Directive 2003/90/EC of 6 October 2003 setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species (OJ L 254, 8.10.2003, p. 7).

(4)  Commission Directive 2003/91/EC of 6 October 2003 setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species (OJ L 254, 8.10.2003, p. 11).

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1.11.2016

EN

Official Journal of the European Union

L 296/13

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COMMISSION DECISION (EU) 2016/1915

of 27 October 2016

amending Decision (EU) 2015/2300 on the payment in euro by the United Kingdom of certain expenditure resulting from sectoral agricultural legislation

(notified under document C(2016) 6807)

(Only the English text is authentic)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 108 thereof,

Whereas:

(1)

Article 108 of Regulation (EU) No 1306/2013 requires Member States that have not adopted the euro and that decide to pay the expenditure resulting from sectoral agricultural legislation in euro rather than in their national currency to take measures to ensure that the use of the euro does not provide a systematic advantage compared with the use of national currency.

(2)	Commission Decision (EU) 2015/2300 (2) on the payment in euro by the United Kingdom of certain expenditure resulting from sectoral agricultural legislation approved such measures as communicated by the United Kingdom.

(3)	On 25 August 2016, the United Kingdom notified the Commission of its intention to extend those measures to include aid schemes concerning aid for milk production reduction and exceptional adjustment aid to milk producers and farmers in other livestock sectors.

(4)

According to that notification, the measures to prevent a systematic advantage resulting from the use of the euro rather than the national currency adopted with the previous Decision (EU) 2015/2300 should apply also to those aid schemes. Decision (EU) 2015/2300 should be amended by this Decision accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following two lines are added at the end of the table in the Annex to Decision (EU) 2015/2300:

Article 2

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

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(1)  OJ L 347, 20.12.2013, p. 549.

(2)  Commission Decision (EU) 2015/2300 of 8 December 2015 on the payment in euro by the United Kingdom of certain expenditure resulting from sectoral agricultural legislation (OJ L 324, 10.12.2015, p. 35).

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1.11.2016

EN

Official Journal of the European Union

L 296/15

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COMMISSION IMPLEMENTING DECISION (EU) 2016/1916

of 27 October 2016

amending Implementing Decision 2014/99/EU setting out the list of regions eligible for funding from the European Regional Development Fund and the European Social Fund and of Member States eligible for funding from the Cohesion Fund for the period 2014-2020

(notified under document C(2016) 6820)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund, laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund, and repealing Council Regulation (EC) No 1083/2006 (1), and in particular Article 90(5) thereof,

Whereas:

(1)	Pursuant to Article 90(5) of Regulation (EU) No 1303/2013 the Commission is to review the eligibility of Member States for support from the Cohesion Fund on the basis of Union gross national income (GNI) figures for the period 2012 — 2014 for the EU-27 Member States in 2016.

(2)

According to the GNI per capita figures for the period 2012 — 2014 Cyprus falls below 90 % of the average GNI per capita of the EU-27 Member States. Consequently, Cyprus should become newly eligible for support from the Cohesion Fund and should no longer receive support from the Cohesion Fund on transitional and specific basis as of 1 January 2017.

(3)	The list of eligible Member States for funding from the Cohesion Fund and the list of Member States eligible for funding from the Cohesion Fund on a transitional and specific basis should therefore be adjusted.

(4)	Commission Implementing Decision 2014/99/EU (2) should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Implementing Decision 2014/99/EU is amended as follows:

(1)	Annex IV is replaced by the text set out in the Annex to this Decision.

(2)	Article 5 and Annex V are deleted.

Article 2

This Decision shall apply from 1 January 2017.

Article 3

This Decision is addressed to the Member States.

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(1)  OJ L 347, 20.12.2013, p. 320.

(2)  Commission Implementing Decision 2014/99/EU of 18 February 2014 setting out the list of regions eligible for funding from the European Regional Development Fund and the European Social Fund and of Member States eligible for funding from the Cohesion Fund for the period 2014-2020 (OJ L 50, 20.2.2014, p. 22).

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1.11.2016

EN

Official Journal of the European Union

L 296/17

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COMMISSION IMPLEMENTING DECISION (EU) 2016/1917

of 27 October 2016

amending Decision 2009/821/EC as regards the lists of border inspection posts and veterinary units in Traces

(notified under document C(2016) 6835)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), and in particular Article 20(1) and (3) thereof,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (2), and in particular the second sentence of the second subparagraph of Article 6(4) and Article 6(5) thereof,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (3), and in particular Article 6(2) thereof,

Whereas:

(1)	Commission Decision 2009/821/EC (4) lays down a list of border inspection posts approved in accordance with Directives 91/496/EEC and 97/78/EC. That list is set out in Annex I to that Decision.

(2)

Following communication from Belgium, France, Italy and the Netherlands, the entry for the border inspection post at the airport at Brussels South Charleroi in Belgium, at the port at Marseille in France, at the airport at Milano-Malpensa in Italy and at the airport at Amsterdam in the Netherlands should be amended in the list set out in Annex I to Decision 2009/821/EC.

(3)	Following communication from Greece, the approval for the border inspection post at the rail at Idomeni has been suspended. Therefore, the entry for that border inspection post should be amended in the list set out in Annex I to Decision 2009/821/EC for Greece.

(4)	Spain has communicated that there were changes to the inspection centres at the border inspection post at the airport at Barcelona. Therefore, the entry for that border inspection post should be amended in the list set out in Annex I to Decision 2009/821/EC for Spain.

(5)	Following communication from Italy, a new inspection centre has been added to the border inspection post at the port at Napoli. Therefore, the entry for that border inspection post should be amended in the list set out in Annex I to Decision 2009/821/EC for Italy.

(6)

Following communication from Italy and Hungary, the approval for the border inspection post at the airport at Genova and for the border inspection post at the rail at Kelebia has been deleted. Therefore, the entries for these border inspection posts should be deleted from the list set out in Annex I to Decision 2009/821/EC for Italy and Hungary.

(7)	Annex II to Decision 2009/821/EC lays down the list of central, regional and local units in the integrated computerised veterinary system (Traces).

(8)	Following communication from Germany and Italy, changes should be brought to several regional and local units in the list of regional and local units in Traces for Germany and Italy set out in Annex II to Decision 2009/821/EC.

(9)	Decision 2009/821/EC should therefore be amended accordingly.

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

HAS ADOPTED THIS DECISION:

Article 1

Annexes I and II to Decision 2009/821/EC are amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

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(1)  OJ L 224, 18.8.1990, p. 29.

(2)  OJ L 268, 24.9.1991, p. 56.

(3)  OJ L 24, 30.1.1998, p. 9.

(4)  Commission Decision 2009/821/EC of 28 September 2009 drawing up a list of approved border inspection posts, laying down certain rules on the inspections carried out by Commission veterinary experts and laying down the veterinary units in TRACES (OJ L 296, 12.11.2009, p. 1).

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1.11.2016

EN

Official Journal of the European Union

L 296/21

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COMMISSION IMPLEMENTING DECISION (EU) 2016/1918

of 28 October 2016

concerning certain safeguard measures in relation to chronic wasting disease

(notified under document C(2016) 6815)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (1), and in particular Article 4 thereof,

Whereas:

(1)	Article 4 of Regulation (EC) No 999/2001 provides that safeguard measures in relation to Transmissible Spongiform Encephalopathies (TSE) may be adopted by the Commission in accordance with the principles and provisions set out in Article 10 of Council Directive 90/425/EEC (2).

(2)

In accordance with point 1.1.2 of Part I of Annex I to the Agreement on the European Economic Area (‘the EEA Agreement’) (3), for the purposes of the EEA Agreement, Article 10 of Directive 90/425/EEC does not apply and any reference to that provision is to constitute a reference to paragraph 3 of the introductory part of Part I of Annex I to the EEA Agreement. In accordance with point (a) of that paragraph, if the Union intends to adopt safeguard measures in relation to an EFTA State, it is to inform that EFTA State without delay. Furthermore, the proposed measures are to be notified without delay to each Contracting Party of the EEA Agreement and to the EFTA Surveillance Authority. On 17 June 2016, the Commission informed Norway of its intention to adopt a safeguard measure concerning live cervids from Norway due to several cases of chronic wasting disease detected in Norway. On 28 June 2016, the Commission notified the proposed measure to the Contracting Parties of the EEA Agreement, and on 30 August 2016, it notified them to the EFTA Surveillance Authority.

(3)	Chronic wasting disease is a TSE of cervids which is infectious and thus can cause disturbance to trade within the Union, imports into the Union and exports to third countries.

(4)

In the event of an outbreak of that disease, there is a risk that the disease might spread to other cervid populations and other regions. As a result, it may spread from one Member State or EFTA State of the European Economic Area (‘EEA EFTA State’) to another Member State or EEA EFTA State and to third countries through movements of live cervids.

(5)

Norway has informed the Commission of several cases of chronic wasting disease confirmed in its territory since the beginning of April 2016 and has adopted on 11 July 2016 a temporary measure to prohibit the export from Norway of live cervids until 1 January 2017, without prejudice to specific derogations.

(6)

In order to prevent any unnecessary disturbance to trade within the Union and the European Economic Area, and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to adopt at Union level a prohibition of the movement of live cervids from Norway into the Union, without prejudice to specific derogations. For practical reasons, that prohibition should apply to live cervids moved in conjunction with human activity, but not to movements of wild cervids crossing the border of Norway without any human intervention.

(7)	Due to the low animal health risk that movements of live cervids from Norway to Sweden or Finland for immediate slaughter in the country of destination represent, it should provide for a derogation to allow for such movements, provided that the Member State of destination gives its written consent.

(8)

The traditions of cross-border seasonal grazing of reindeer and movements of reindeer to be used in cultural or sportive events between Norway and Sweden should be taken into account. In this respect, specific derogations should exceptionally be laid down. Due to the animal health risk that movements allowed by these derogations represent, notably in terms of environmental contamination with chronic wasting disease prions in the areas of destination, such movements should be restricted to defined areas in Sweden, and dispatch of live cervids from those areas should be prohibited, with the exception of dispatch to the rest of Sweden, to Norway or to Finland for direct slaughter, provided that the Member State of destination gives its consent.

(9)

The Norwegian-Finnish Reindeer Fence between Norway and Finland provides animal health protection for live cervids in the territory of Finland. However, that fence does not follow precisely the Norwegian-Finnish border, and is at certain locations situated a few kilometres in the territory of Finland or a few kilometres in the territory of Norway. The prohibition on the movement of live cervids from Norway into the Union should therefore not apply to movements of cervids for grazing from Norway to Finland up to the Norwegian-Finnish Reindeer Fence or movements of reindeer from Finland which have grazed in Norway up to the Norwegian-Finnish Reindeer Fence and move back to Finland. For the purpose of legal consistency, the dispatch of live cervids from the areas in Finland up to the Norwegian-Finnish Reindeer Fence should be prohibited, with the exception of dispatch to the rest of Finland, to Norway or to Sweden for direct slaughter.

(10)	The prohibition should be temporary, and subject to review, by 31 December 2017, of the epidemiological situation and of the necessity of the prohibition.

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

HAS ADOPTED THIS DECISION:

Article 1

For the purpose of this Decision, the following definitions shall apply:

(1)	‘live cervids’ means live animals of the family Cervidae;

(2)	‘live reindeer’ means live animals of the genus Rangifer.

Article 2

1.   The movement of live cervids from Norway into the Union shall be prohibited.

2.   By way of derogation from paragraph 1, the following movements of live cervids shall be permitted:

(a)	movements of live reindeer for seasonal grazing from Norway to the areas in Sweden listed in the Annex, or back to the areas in Sweden listed in the Annex after seasonal grazing in Norway, provided that the competent authority of Sweden gives its prior written consent to such movement;

(b)	movements of live reindeer for seasonal grazing from Norway to the areas in Finland listed in the Annex;

(c)	movements of live reindeer from Finland which have grazed in Norway in the area located between the Norwegian-Finnish border and the Norwegian-Finnish Reindeer Fence and return to Finland;

(d)	movements of live cervids from Norway to Sweden or Finland for direct slaughter, provided that the competent authority of the Member State of destination gave its prior written consent to such movement;

(e)	movements of live reindeer from Norway to the areas in Sweden listed in the Annex for sportive or cultural events, or after having taken part in sportive or cultural events, provided that the competent authority of Sweden gives its prior written consent to the movement of each consignments;

(f)	transit of live cervids from Norway through Sweden or Finland and destined to Norway, provided that the competent authority of the Member State of transit gave its prior written consent.

Article 3

1.   The Member States concerned shall prohibit the dispatch of live cervids from the areas listed in the Annex.

2.   By way of derogation from paragraph 1, the dispatch of live cervids for direct slaughter from the areas in Sweden listed in the Annex to the rest of Sweden or to Finland shall be permitted, provided that the competent authority of destination gave its prior written consent to such movement.

3.   By way of derogation from paragraph 1, the dispatch of live cervids for direct slaughter from the areas in Finland listed in the Annex to Sweden shall be permitted. In addition, the dispatch of live cervids for direct slaughter from the areas in Finland listed in the Annex to the rest of Finland shall be permitted provided that the competent authority of Finland gave its prior written consent to such movement.

4.   By way of derogation from paragraph 1, the dispatch of live cervids from the areas listed in the Annex to Norway shall be permitted provided that the competent authority of Norway gave its prior written consent.

Article 4

This Decision shall apply until 31 December 2017.

Article 5

This Decision is addressed to the Member States.

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(1)  OJ L 147, 31.5.2001, p. 1.

(2)  Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (OJ L 224, 18.8.1990, p. 29).

(3)  OJ L 1, 3.1.1994, p. 3.

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