(1)

Regulation (EEC) No 2821/71 empowers the Commission to declare, by regulation and in accordance with Article 101(3) of the Treaty, that Article 101(1) of the Treaty shall not apply to certain categories of research and development agreements.

(2)

Commission Regulation (EU) No 1217/2010 (3) defines categories of research and development agreements that the Commission regards as normally satisfying the conditions laid down in Article 101(3) of the Treaty. That Regulation expires on 31 December 2022.

(3)

On 5 September 2019, the Commission launched an evaluation of Regulation (EU) No 1217/2010. The evidence gathered in the evaluation suggests that Regulation (EU) No 1217/2010 has been a useful instrument and its rules remain relevant for stakeholders. Based on the results of the evaluation, on 7 June 2021 the Commission launched an impact assessment of policy options for the adoption of a new block exemption regulation for research and development agreements.

(4)

To allow the Commission adequate time to complete the process for the adoption of a new block exemption regulation for research and development agreements and pursuant to the Commission’s power under Article 2(1) of Regulation (EEC) No 2821/71, the period of application of Regulation (EU) No 1217/2010 should be extended by six months.

(5)

Regulation (EU) No 1217/2010 should therefore be amended accordingly,

(1)

Regulation (EEC) No 2821/71 empowers the Commission to declare, by regulation and in accordance with Article 101(3) of the Treaty, that Article 101(1) of the Treaty shall not apply to certain categories of specialisation agreements.

(2)

Commission Regulation (EU) No 1218/2010 (3) defines categories of specialisation agreements that the Commission regards as normally satisfying the conditions laid down in Article 101(3) of the Treaty. That Regulation expires on 31 December 2022.

(3)

On 5 September 2019, the Commission launched an evaluation of Regulation (EU) No 1218/2010. The evidence gathered in the evaluation suggests that Regulation (EU) No 1218/2010 has been a useful instrument and its rules remain relevant for stakeholders. Based on the results of the evaluation, on 7 June 2021 the Commission launched an impact assessment of policy options for the adoption of a new block exemption regulation for specialisation agreements.

(4)

To allow the Commission adequate time to complete the process for the adoption of a new block exemption regulation for specialisation agreements and pursuant to the Commission’s power under Article 2(1) of Regulation (EEC) No 2821/71, the period of application of Regulation (EU) No 1218/2010 should be extended by six months.

(5)

Regulation (EU) No 1218/2010 should therefore be amended accordingly,

(1)

Fishing quotas for the year 2021 have been established by Council Regulations (EU) 2020/1579 (2), (EU) 2021/90 (3), (EU) 2021/91 (4) and (EU) 2021/92 (5).

(2)

Fishing quotas for the year 2022 have been established by Council Regulations (EU) 2021/91, (EU) 2021/1888 (6), (EU) 2022/109 (7) and (EU) 2022/110 (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)

Commission Implementing Regulation (EU) 2022/1926 (9) has established deductions from fishing quotas available for certain fish stocks in 2022 on account of overfishing in the previous years.

(5)

For certain Member States, namely Spain, France, Lithuania and Poland, certain deductions could not be operated by Implementing Regulation (EU) 2022/1926 from fishing quotas allocated for the overfished stocks because quotas for these stocks are not available for those Member States in the year 2022.

(6)

Article 105(5) of Regulation (EC) No 1224/2009 provides that, if it is not possible to operate deductions on the overfished stock in the year following the overfishing because the Member State concerned has no available quota for that fish stock, deductions may be operated on other stocks in the same geographical area or with the same commercial value, following consultations with the Member States concerned.

(7)

According to Communication from the Commission 2022/C 369/03 on guidelines for the deduction of quotas under Article 105(1), (2) and (5) of Regulation (EC) No 1224/2009 (10) (‘the Guidelines’), such deductions should be preferably operated from quotas allocated for stocks fished by the same fleet as the fleet that overfished the quota.

(8)

The Member States concerned have been consulted as regards certain deductions from fishing quotas allocated for stocks other than those which have been overfished. It is therefore appropriate to operate deductions from those alternative fishing quotas allocated to those Member States in 2022.

(9)

Considering that thornback ray in area 7d (RJC/07D.) is a subspecies of the stock ‘skates and rays’ in area 7d (SRX/07D.), the deduction due by Ireland on account of its overfishing of thornback ray in area 7d pursuant to Implementing Regulation (EU) 2022/1926 is operated on the fishing quota for skates and rays in area 7d available to Ireland for 2022.

(10)

In 2021, Portugal overfished its fishing quota for anchovy in area 9 and 10; Union waters of CECAF 34.1.1 (ANE/9/3411). On 22 August 2022, Portugal requested to spread the deduction due – including a multiplying factor of 1,4 pursuant to Article 105(2) of Regulation (EC) No 1224/2009 – over three years. According to point 3(a) of the Guidelines, spreading a deduction over two or more years may be accepted where the fish is sustainably managed on the basis of the relevant scientific advice for the stock concerned. According to acoustic surveys monitoring the distribution of abundance and biomass and the study of several biological parameters of anchovy carried out every year, the estimated biomass for anchovy in 2022 increased by 64 % compared to 2021 surveys. The Portuguese scientific institute IPMA (Instituto Português do Mar e da Atmosfera), in collaboration with the Spanish scientific institute IEO (Instituto Español de Oceanografía), test a new harvest control rule by means of a Management Strategy Evaluation. Awaiting a planned benchmark of the International Council for the Exploration of the Sea (ICES) for this stock, a spreading of the deduction over two years rather than three years can be accepted.

(11)

On the basis of the last updated data transmitted by France on 9 September 2022, it appears that the 2021 shared quota of 1 tonne allocated to ‘Other’ for white marlin in the Atlantic Ocean (WHM/ATLANT_AMS) as established in Regulation (EU) 2021/92 – and under which France was allowed to fish – has been exceeded. Considering that France reported catches amounting to 2 972 kilograms under this ‘Other’ quota, a deduction on account of this overfishing – including a multiplying factor of 1,5 pursuant to Article 105(3)(c) of Regulation (EC) No 1224/2009 – should be operated on the fishing quota for white marlin in the Atlantic Ocean available to France for 2022. The corresponding deduction should consequently be added to the Annex to Implementing Regulation (EU) 2022/1926.

(12)

Implementing Regulation (EU) 2022/1926 should therefore be amended accordingly.

(13)

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

(1)

In accordance with Article 25a(2) of Regulation (EC) No 810/2009, the Commission is to regularly assess third countries’ cooperation on readmission. Based on the assessment carried out in accordance with that provision, cooperation on readmission with The Gambia was assessed as insufficient. Taking into account the steps taken to improve the level of cooperation, and the Union’s overall relations with The Gambia, it was considered that The Gambia’s cooperation with the Union on readmission matters was not sufficient and action by the Union was therefore necessary.

(2)

In accordance with Article 25a(5), point (a), of Regulation (EC) No 810/2009, on 7 October 2021 Council Implementing Decision (EU) 2021/1781 (2) was adopted, by which the application of certain provisions of Regulation (EC) No 810/2009 was temporarily suspended with respect to certain nationals of The Gambia.

(3)

In accordance with Article 25a(2) of Regulation (EC) No 810/2009, the Commission has continuously assessed the cooperation on readmission with The Gambia after the entry into force of Implementing Decision (EU) 2021/1781. The assessment indicates that no significant improvements have taken place, as cooperation on identification and return remains challenging, the timeframe set by the EU-Gambia readmission arrangement was not adhered to and a moratorium on returns by charter flights – unilaterally introduced by The Gambia – remained in place until March 2022. Despite some limited developments, in particular the issuance of three landing permits for return operations that took place after the suspension of the moratorium introduced by The Gambia, cooperation on readmission remains insufficient and substantial and sustained improvements are still needed.

(4)

The assessment by the Commission is that, despite the measures adopted in Implementing Decision (EU) 2021/1781, The Gambia’s cooperation with the Union on readmission matters continues to be insufficient and further action is therefore needed, without affecting Implementing Decision (EU) 2021/1781.

(5)

The application of a higher visa fee, on a gradual basis, to nationals of The Gambia should send a clear signal to the Gambian authorities on the need to undertake the necessary actions to improve cooperation on readmission.

(6)

A visa fee of EUR 120, as set out in Regulation (EC) No 810/2009, should therefore apply to nationals of The Gambia who are subject to the visa requirement pursuant to Regulation (EU) 2018/1806 of the European Parliament and of the Council (3). In accordance with that Regulation, that fee does not concern children below the age of 12 years. Neither should it apply to applicants for whom the visa fee is waived or reduced in accordance with Regulation (EC) No 810/2009.

(7)

This Decision should not affect the application of Directive 2004/38/EC of the European Parliament and of the Council (4), which extends the right of free movement to family members, independent of their nationality, when joining or accompanying a Union citizen. This Decision should thus neither apply to family members of a Union citizen to whom Directive 2004/38/EC applies, nor to family members of a national of a third country enjoying a right of free movement equivalent to that of Union citizens under an agreement between the Union and a third country.

(8)

The measures provided for in this Decision should be without prejudice to the obligations of the Member States under international law, including as host countries of international intergovernmental organisations or of international conferences convened by the United Nations or other international intergovernmental organisations hosted by Member States. Thus, the application of the increased visa fee should not apply to nationals of The Gambia, applying for a visa, in so far as that is necessary for Member States to comply with their obligations as host countries of such organisations or of such conferences.

(9)

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Decision whether it will implement it in its national law.

(10)

This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (5); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(11)

As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis (6) which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC (7).

(12)

As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (8) which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (9).

(13)

As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (10) which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (11).

(14)

This Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession, Article 4(2) of the 2005 Act of Accession and Article 4(2) of the 2011 Act of Accession,

(1)

By Decision 96/228/EC (1) the Commission had approved the long-term national aid scheme for agriculture in the northern regions of Sweden (‘Nordic aid scheme’) as notified by Sweden pursuant to Article 143 of the Act of Accession with a view to authorisation under Article 142 of the Act of Accession. Decision 96/228/EC was replaced by Commission Decision C(2010) 6050 (2). That Decision was replaced by Commission Decision (EU) 2018/479 (3).

(2)

As Sweden’s authorisation to implement the Nordic aid scheme as set out in Decision (EU) 2018/479 expires on 31 December 2022, a new Decision needs to be adopted.

(3)

By letter of 1 July 2022, Sweden notified the Commission of its proposal for the prolongation of the Nordic aid scheme. Sweden proposed that the Commission amend Decision (EU) 2018/479 to continue the scheme with a one-year longer period of validity, increase the total annual reference value, implying some adjustment to support levels, and a change of the date when Sweden should make proposals for amending and prolonging the scheme.

(4)

The long-term national aid referred to in Article 142 of the Act of Accession is intended to ensure that agricultural activity is maintained in northern regions as determined by the Commission.

(5)

Taking account of the factors referred to in Article 142(1) and (2) of the Act of Accession, it is appropriate to specify the administrative units, grouped by sub-regions, which are situated north of the 62nd parallel or adjacent to that parallel and which are affected by comparable climatic conditions rendering agricultural activity particularly difficult. These sub-regions have a population density lower than or equal to 10 inhabitants per square kilometre, a utilised agricultural area (UAA) considered to constitute 10 % or less of the overall surface area of the municipality and a portion of the UAA devoted to arable crops intended for human consumption less than or equal to 20 %. Sub-regions surrounded by others within such areas should be included, even where they do not satisfy the same requirements.

(6)

In order to facilitate the administration of the scheme and to coordinate it with support under Regulation (EU) 2021/2115 of the European Parliament and of the Council (4), it is appropriate to include in the areas receiving aid under this Decision the same municipal units as those belonging to the area delimited under Article 32(2), second subparagraph, of Regulation (EU) No 1305/2013 of the European Parliament and the Council (5) and Article 71(2) of Regulation (EU) 2021/2115 in the CAP Strategic Plan for the implementation of the common agricultural policy in Sweden 2023–2027.

(7)

The reference period in relation to which the development of agricultural production and the level of overall support is to be considered, using the available national statistics as a basis and with a view to ensuring a uniform application to all sectors of production, should be the year 1993.

(8)

According to Article 142 of the Act of Accession, the total amount of the aid granted should be sufficient to maintain agricultural activity in the northern regions of Sweden but may not lead to overall support exceeding the level of support during a pre-accession reference period to be determined. In order to grant support under Article 142 of the Act of Accession at an adequate level considering the present production costs whilst not exceeding the level of support during the determined pre-accession reference period, it is appropriate to take the development in the consumer price index from 1993 to 2022 in Sweden into account when determining the maximum allowable level of aid under that Article.

(9)

Consequently, on the basis of data from 1993 until end of April 2022, the maximum annual aid amount should be set at SEK 473,75 million, calculated as an average over a 6-year period from 1 January 2023 until 31 December 2028.

(10)

In order to simplify the Nordic aid scheme and to allow Sweden flexibility in directing the aid to different production sectors, one maximum average annual aid amount should be laid down for the total support, including a separate maximum support for the production and transport of cow’s milk with a view to ensuring balanced distribution of support.

(11)

The aid should be granted annually on the basis of production factors (livestock units and hectares), except for cow’s milk where it should be granted on the basis of units of production (kilograms) within the total limits laid down by this Decision.

(12)

With a view to allowing prompt reactions to the volatility of agricultural output prices and to maintaining agricultural activities in the northern regions of Sweden, it is appropriate to allow Sweden to establish, for each calendar year, the amount of aid per sector within an aid category and per unit of production.

(13)

Sweden should differentiate the aid in its northern regions and set the annual aid amounts according to the severity of the natural handicap and other objective and transparent and justified criteria relating to the objectives set out in Article 142(3), third subparagraph, of the Act of Accession, which are to maintain traditional primary production and processing particularly suited to the climatic conditions of the regions concerned, to improve the structures for the production, marketing and processing of agricultural products, to facilitate the disposal of the said products and to ensure that the environment is protected and countryside preserved.

(14)

The aid should be paid annually based on the actual number of eligible production factors. Sweden should however be allowed to pay the aid for cow’s milk, laying hens and pigs for slaughter as well as for transport of cow’s milk in monthly instalments. The aid for cow’s milk shall be based on actual production in order to ensure the continuity of production.

(15)

Overcompensation to the producers should be avoided by recovering undue payments promptly and at the latest before 1 June of the following year.

(16)

As provided for in Article 142(2) of the Act of Accession, the aid granted under this Decision should not lead to an increase in overall production over the traditional production level in the area covered by the Nordic aid scheme.

(17)

Therefore it is necessary to establish an annual maximum number of eligible production factors for each aid category, and a maximum eligible annual amount of production for cow’s milk, at a level equal to or lower than that in the reference periods.

(18)

Where the number of production factors in a category, or the amount of production for cow’s milk, exceeds the maximum level in a given year, the number of eligible production factors or the amount of cow’s milk, should, in order to respect the 5-year averages, be reduced by a corresponding number of production factors in the calendar years following the year in which the maximum was exceeded, except for transport aid for cow’s milk, laying hens and pigs for slaughter and cow’s milk in regard to which the eligible amount may be reduced by an amount corresponding to the excess amount in the last month of the year in which the maximum was exceeded.

(19)

As the notification of proposals to the Commission for prolonging and amending the aid authorised under this Decision should allow for timely preparation of assessment of the scheme, it is necessary to allow such notification to be made in the same year as the 5-year report and to extend the duration of validity of the authorisation of the Nordic aid scheme from five to six years.

(20)

In accordance with Article 143(2) of the Act of Accession, Sweden is to provide to the Commission information on the implementation and effects of the aid. In order to better assess the long-term effects of the aid and with a view to setting the aid levels as multiple-year averages, it is appropriate to report on the socioeconomic effects of the aid every five years and provide annual reports containing the financial and other implementation information necessary to ensure that the conditions laid down in this Decision are complied with.

(21)

It is appropriate to specify the rules applicable to amendments to the scheme introduced by the Commission or proposed by Sweden in order to safeguard the legitimate expectations of the aid beneficiaries and ensure the continuity of the scheme so that the objectives of Article 142 of the Act of Accession can be efficiently pursued.

(22)

Sweden should ensure that appropriate control measures are taken vis-à-vis aid beneficiaries. In order to ensure the effectiveness of those measures and transparency in the implementation of the Nordic aid scheme, those control measures should be as far as possible aligned to those carried out under the common agricultural policy.

(23)

In order to achieve the aim of maintaining production, as stated in Article 142 of the Act of Accession, and to facilitate the administration of support, this Decision should apply from 1 January 2023.

(24)

For reasons of clarity, Decision (EU) 2018/479 should be repealed. It is appropriate to provide transitional measures regarding the reporting on the support pursuant to Article 142 of the Act of Accession paid in 2018–2022 under Commission Decision (EU) 2018/479,

(1)

Directive (EU) 2018/2001 lays down requirements for certain fuels, namely biofuels, bioliquids, biomass fuels, renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels. These requirements ensure that these fuels can only be counted towards the targets set in that Directive if they have been sustainably produced and save significant greenhouse gas emissions compared to fossil fuels. Article 29 of that Directive lays down sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids, and biomass fuels. Furthermore, Article 26 of the Directive and Commission Delegated Regulation (EU) 2019/807 (2) lay down the criteria to determine: (i) which feedstock for biofuels, bioliquids or biomass fuels has high indirect land-use change risk; and (ii) which high indirect land-use change-risk biofuels, bioliquids or biomass fuels that meet certain conditions can be certified as having low indirect land-use change risk. Article 25(2) of Directive (EU) 2018/2001 lays down greenhouse gas emissions saving criteria for renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels used in transport. Article 28(2) of that Directive requires economic operators to enter information in a Union database on the transactions made and the sustainability characteristics of some renewable fuels (biofuels, biogas and renewable liquid and gaseous fuels of non-biological origin) and recycled carbon fuels used in transport.

(2)

Directive (EU) 2018/2001 also lays down rules for calculating the contribution of renewable electricity to transport targets. In particular, Article 27(3) of that Directive sets out the rules on how to calculate this contribution when the electricity is directly used to power electric vehicles and when it is used to produce renewable liquid and gaseous fuels of non-biological origin that are used in transport.

(3)

Voluntary schemes have played a significant role in providing evidence of compliance with the sustainability and greenhouse gas emissions saving criteria for biofuels and bioliquids. Under Directive (EU) 2018/2001, voluntary schemes can be used to: (i) certify compliance of all fuels produced from biomass, including gaseous and solid fuels, with the sustainability criteria laid down in that Directive; (ii) provide accurate data on their greenhouse gas emissions savings; (iii) certify compliance of renewable liquid and gaseous transport fuels of non-biological origin and recycled carbon fuels with their greenhouse gas emissions saving criteria; and (iv) prove compliance with the provisions of Article 27(3) of that Directive on calculating the share of renewable electricity in transport. Voluntary schemes can also be used to prove that economic operators enter accurate information into the Union or national databases on some renewable fuels and recycled carbon fuels used in transport, in accordance with Article 28(4) of Directive (EU) 2018/2001. Furthermore, voluntary schemes can be used to certify biofuels, bioliquids and biomass fuels with low indirect land-use change risk. The Commission may decide that voluntary national or international schemes can serve all or some of these purposes.

(4)

Under Article 30(9) of Directive (EU) 2018/2001, where an economic operator provides proof of or data on compliance with the sustainability and greenhouse gas emissions saving criteria, obtained in accordance with a voluntary scheme that has been recognised by the Commission, to the extent covered by the recognition decision, a Member State is not to require the supplier to provide further evidence.

(5)

On 28 August 2020, the ‘KZR INiG’ scheme submitted a request for recognition to the Commission under Article 30(4) of Directive (EU) 2018/2001. The request led to an assessment of that scheme by the Commission, and some issues which prevented the scheme being considered as compatible with the sustainability criteria, as laid down in Article 29 of Directive (EU) 2018/2001 were identified. In its resubmission of 25 June 2021, the scheme correctly addressed those issues. The Commission’s assessment concluded that the scheme: (i) covered adequately the sustainability criteria for agricultural biomass laid down in Article 29(2) to (5) of Directive (EU) 2018/2001; (ii) contained accurate data on greenhouse gas emission savings for the purpose of Article 29(10) of Directive (EU) 2018/2001; and (iii) applied a mass balance methodology in accordance with the requirements of Article 30(1) and (2) of Directive (EU) 2018/2001. However, the Commission did not consider the scheme to adequately cover the sustainability criteria for forest biomass, laid down in Article 29(6) and (7) of Directive (EU) 2018/2001. Therefore, the ‘KZR INiG’ scheme was only recognised for demonstrating compliance with the requirements set out in Article 29(2) to (5) and (10) of Directive (EU) 2018/2001 by Commission Implementing Decision (EU) 2022/603 (3).

(6)

The ‘KZR INiG’ scheme made further modifications to ensure that the sustainability criteria for forest biomass, laid down in Article 29(6) and (7) of Directive (EU) 2018/2001, were also adequately covered. After further amendments, all the remaining issues, which had previously been identified, were adequately addressed in a resubmission of 23 September 2022.

(7)

The ‘KZR INiG’ scheme covers the following feedstocks: agricultural biomass, forest biomass, and wastes and residues. The scheme also covers all types of fuels. It has a global geographic coverage and includes the entire chain of custody (for biomethane up to the production unit). The Commission has reassessed the ‘KZR INiG’ scheme since the resubmission of 23 September 2022 and has found that it: (i) covers adequately the sustainability criteria laid down in Article 29(2) to (7) of Directive (EU) 2018/2001; (ii) contains accurate data on greenhouse gas emission savings for the purposes of Article 29(10) of that Directive; and (iii) applies a mass balance methodology in accordance with the requirements of Article 30(1) and (2) of that Directive.

(8)

The Commission’s assessment does not take into account the implementing act to be adopted in accordance with Article 29(8) of Directive (EU) 2018/2001 on providing guidance for demonstrating compliance with the sustainability criteria laid down in Article 29(6) and (7) of that Directive (4). The ‘KZR INiG’ scheme will therefore be re-assessed in this regard.

(9)

Commission Implementing Regulation (EU) 2022/996 (5) will only apply from 30 December 2023. The ‘KZR INiG’ scheme should be re-assessed in light of the new Implementing Regulation.

(10)

In its assessment of the ‘KZR INiG’ scheme, the Commission found that it meets adequate standards of reliability, transparency and independent auditing and complies with the methodological requirements set out in Annex VI to Directive (EU) 2018/2001.

(11)

For reasons of transparency and legal certainty, it is appropriate that a single Commission act sets out in a comprehensive manner all the sustainability and greenhouse gas emissions criteria that the ‘KZR INiG’ scheme is considered to adequately cover. Therefore, Implementing Decision (EU) 2022/603 should be replaced.

(12)

The recognised ‘KZR INiG’ scheme should be made available in the section on voluntary schemes on Europa, the Commission’s website

(13)

The measures provided for in this Decision are in accordance with the opinion of the Committee on the Sustainability of Biofuels, Bioliquids and Biomass fuels,

(a)

compliance of the consignments of biofuels, bioliquids and biomass fuels with the sustainability criteria laid down in Article 29(2) to (7) and (10) of Directive (EU) 2018/2001;

(b)

compliance of economic operators with the obligation to enter accurate information into the Union or national databases on renewable fuels and recycled carbon fuels used in transport in accordance with Article 28(4) of Directive (EU) 2018/2001.

(a)

it has been clearly demonstrated that the ‘KZR INiG’ voluntary scheme has not implemented elements considered to be important for this Decision or if a severe and structural breach of those elements has occurred;

(b)

the ‘KZR INiG’ voluntary scheme fails to submit annual reports to the Commission pursuant to Article 30(5) of Directive (EU) 2018/2001;

(c)

the ‘KZR INiG’ voluntary scheme fails to implement standards of independent auditing and other requirements set out in implementing acts referred to in Article 29(8) or Article 30(8) of Directive (EU) 2018/2001 or improvements to other elements of the scheme considered to be important for continued recognition.

(1)

Article 6(2) of Regulation (EU) No 1257/2013 requires ship owners to ensure that ships destined to be recycled are only recycled at ship recycling facilities included in the European List of ship recycling facilities (‘European List’) published pursuant to Article 16 of that Regulation.

(2)

The European List is set out in Commission Implementing Decision (EU) 2016/2323 (2).

(3)

The authorisation of UAB Armar and Démonaval Recycling, ship recycling facilities located respectively in Lithuania and in France, had an expiry date respectively on 19 April 2022 and 11 December 2022. The Commission has received information from Lithuania and France that the authorisation granted to those facilities to conduct ship recycling has been renewed prior to its expiry, in accordance with Article 14 of Regulation (EU) No 1257/2013. The date of expiry of the inclusion of these facilities in the European List should therefore be updated.

(4)

Bulgaria has informed the Commission that Ship and Industrial Service Ltd., a ship recycling facility located in its territory, has been authorised by the competent authority, in accordance with Article 14 of Regulation (EU) No 1257/2013. Bulgaria has provided the Commission with all information relevant for that facility to be included in the European List. The European List should therefore be updated to include that facility.

(5)

The Commission has been informed of changes of the contact details of Dales Marine Services Ltd and of Gardet & De Bezenac Recycling, ship recycling facilities located respectively in the United Kingdom and in France. The European List should therefore be updated accordingly.

(6)

The Commission has been informed by Kishorn Port Ltd about modification of the licence that limits the operations and places conditions on the operator of the facility. The change increases the maximum ship dimensions that are accepted. The European List should therefore be updated accordingly.

(7)

The Commission has carried out a mid-term review of Işıksan, a ship recycling facility located in Türkiye, in accordance with Article 15(4) of Regulation (EU) No 1257/2013, which could not confirm that the facility in question continues to comply with the relevant requirements of Article 13(1), in particular points (b), (f) and (i), of Regulation (EU) No 1257/2013. Furthermore, it has been established that the facility in question has failed to comply with the requirements concerning the recycling of EU Member States flag ships set out in Article 13(2), points (a) to (c), of Regulation (EU) No 1257/2013. In addition, the information available does not allow to conclude that a number of ships flying the flag of EU Member States destined to be recycled at Işıksan were finally dismantled in that facility, but indicates that they were instead transferred at nearby facilities which are not included on the European List. This practice represents a breach of the requirements pursuant to Article 13(1) point (e) of the Regulation (EU) No 1257/2013 that requires that operators of facilities included in the European List must recycle ships flying the flag of EU Member States at their facility in accordance with a ship-specific recycling plan. The European List should therefore be updated to remove this facility.

(8)

The Commission has carried out an assessment of accident investigation and root cause analysis of two fatal accidents that occurred in February 2021 and June 2022 in Simsekler, another ship recycling facility located in Türkiye. The assessments concluded that the causes of the accidents were due not only to individual actions, but rather to underlying organisational factors that the yard should focus on to improve their control of risk. In addition, the report on the first fatal accident transmitted to the facility in June 2021 included a number of concrete recommendations to improve workers’ safety. The Commission request to be kept informed of the measures taken in this respect was not followed up by the facility. The facility in question has therefore failed to comply with the relevant requirements of Article 13(1), in particular points (b), (f) and (i), of Regulation (EU) No 1257/2013. Consequently, the European List should be updated to remove this facility.

(9)

Implementing Decision (EU) 2016/2323 should therefore be amended accordingly.

(10)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 25 of Regulation (EU) No 1257/2013,