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Review of the EU legislation for 06/11/2024

Commission Regulation (EU) 2024/2828: Fisheries Closure for Herring

This regulation establishes a fisheries closure for herring in specific maritime areas for vessels flying the French flag due to the exhaustion of the 2024 quota. It prohibits French vessels from fishing for herring in areas 6b, 6aN, and the UK and international waters of 5b from 22 May 2024.

Commission Regulation (EU) 2024/2827: Fisheries Closure for Ling

The regulation closes the fishery for ling in UK and international waters of Area 5 for French vessels following quota exhaustion. It bans fishing activities for ling from 31 July 2024 while allowing for the handling of catches made prior.

Commission Regulation (EU) 2024/2816: Fisheries Closure for Blue Ling

This regulation enacts a closure for blue ling in UK and international waters, zones 2 and 4, for French vessels after the quota was exhausted. Fishing is prohibited from 6 July 2024, with measures for catches made before this date.

Commission Regulation (EU) 2024/2814: Fisheries Closure for Undulate Ray

The regulation closes the fishery for undulate ray in Union waters of ICES zone 9 for French vessels due to quota exhaustion, effective from the date in the Annex. It prohibits fishing activities but allows handling of pre-closure catches.

Commission Regulation (EU) 2024/2826: Fisheries Closure for Greenland Halibut

This regulation enforces a closure for Greenland halibut in Norwegian waters for French vessels post-quota exhaustion. It bans fishing from 26 July 2024, with provisions for previous catches.

Commission Regulation (EU) 2024/2812: Fisheries Closure for Anglerfishes

The regulation closes the anglerfishes fishery for French vessels in designated maritime areas due to quota exhaustion, effective from 1 January 2024, while allowing handling of pre-closure catches.

Commission Regulation (EU) 2024/2815: Fisheries Closure for Redfish

This regulation closes the fishery for redfish in Norwegian waters of zones 1 and 2 for French vessels. Fishing is prohibited from 26 July 2024, with allowances for handling pre-closure catches.

Commission Implementing Regulation (EU) 2024/2835: Transparency Reporting Under the Digital Services Act

This regulation establishes templates for transparency reporting by intermediary services and online platforms under the Digital Services Act. It mandates standardized reporting formats and periods, enhancing transparency and compliance.

Decision No 1/2024 of the Partnership Council: Updating Trade and Cooperation Agreement Annex 3

Review of each of legal acts published today:Commission Regulation (EU) 2024/2828 of 29 October 2024 establishing a fisheries closure for herring in areas 6b and 6aN; United Kingdom and international waters of 5b for vessels flying the flag of France

Analysis of Commission Regulation (EU) 2024/2828

This regulation, adopted by the European Commission on 29 October 2024, establishes a fisheries closure for herring in specific maritime areas for vessels flying the flag of France. It is a response to the exhaustion of the herring fishing quota allocated to France for the year 2024 in the designated areas.

Structure and Main Provisions

The regulation is structured into three main articles:

  • Article 1 – Quota Exhaustion: This article declares the exhaustion of the French fishing quota for herring in areas 6b, 6aN, and the United Kingdom and international waters of 5b for 2024, as outlined in the annex.
  • Article 2 – Prohibitions: This section prohibits French vessels from engaging in any fishing activities for the specified herring stock from the date indicated in the annex. It details the prohibition of fishing activities such as searching, shooting, setting, or hauling fishing gear. However, it allows the retention and processing of fish caught before the closure date and mandates the recording and landing of unintended catches.
  • Article 3 – Entry into Force: The regulation specifies that it will enter into force the day after its publication in the Official Journal of the European Union.

The annex provides specific details on the closure, including the member state affected (France), the stock and species concerned (Herring, Clupea harengus), the designated zones, and the closing date, which is 22 May 2024.

Key Provisions for Implementation

The most critical provisions of this regulation for practical implementation include the immediate prohibition of herring fishing activities by French vessels in the specified areas once the quota is deemed exhausted. This regulation ensures that once the quota is reached, further fishing is halted to prevent overfishing and to maintain sustainable fish stocks. Additionally, the regulation requires that unintended catches are documented and landed, which is crucial for monitoring and managing fishery resources effectively under the Common Fisheries Policy.

Commission Regulation (EU) 2024/2827 of 28 October 2024 establishing a fisheries closure for ling in United Kingdom and international waters of 5 for vessels flying the flag of France

Commission Regulation (EU) 2024/2827: Fisheries Closure for Ling

The essence of Commission Regulation (EU) 2024/2827 is to establish a fisheries closure for the stock of ling in United Kingdom and international waters of Area 5 for French vessels. This measure is implemented due to the exhaustion of the allocated fishing quota for France in the year 2024.

Structure and Main Provisions

The regulation is structured into three main articles. Article 1 declares the exhaustion of the fishing quota allocated to France for ling in the specified waters. Article 2 outlines prohibitions related to fishing activities, including fishing, transshipping, and landing of ling, while allowing for certain activities related to catches taken before the closure date. Article 3 states the regulation’s entry into force immediately following its publication in the Official Journal. The Annex specifies the details of the closure, including the Member State (France), stock (ling), zone (UK and international waters of Area 5), and the closing date (31 July 2024).

Key Provisions for Use

The most critical provisions of this regulation include the prohibition on fishing activities for ling by French vessels in the designated area from the closing date. This includes restrictions on searching, fishing, and processing activities. However, it allows for the handling of unintended catches, which must be recorded and counted against the quotas in compliance with Article 15 of Regulation (EU) No 1380/2013. These measures ensure adherence to the quotas and contribute to sustainable fisheries management.

Commission Regulation (EU) 2024/2816 of 28 October 2024 establishing a fisheries closure for blue ling in United Kingdom and international waters of 2; United Kingdom and Union waters of 4 for vessels flying the flag of France

Commission Regulation (EU) 2024/2816: Fisheries Closure for Blue Ling

This regulation, issued by the European Commission, establishes a fisheries closure for blue ling in specific areas of United Kingdom and international waters, specifically zones 2 and 4, for vessels flying the flag of France. The closure is enacted due to the exhaustion of the French quota for blue ling for the year 2024.

Structure and Key Provisions

The regulation is structured into several key articles:

  • Article 1 – Quota Exhaustion: Declares that the fishing quota for blue ling allocated to France in the specified waters is exhausted from the date specified in the annex.
  • Article 2 – Prohibitions: Outlines the prohibitions on fishing activities by French vessels, including searching for, catching, and processing blue ling. However, activities related to catches made prior to the exhaustion date remain authorized, and unintended catches must be recorded and counted against quotas.
  • Article 3 – Entry into Force: States that the regulation comes into effect the day after its publication in the Official Journal of the European Union.

The regulation also includes an annex specifying the stock, species, and the closing date for fishing activities, which is set for 6 July 2024.

Important Provisions for Implementation

The most critical provisions for implementation include the prohibition of fishing activities for French vessels targeting blue ling in the defined zones, effective from the closure date. This ensures compliance with the allocated quotas and helps manage and preserve the fish stock. The regulation also mandates the recording and reporting of unintended catches, aligning with the Common Fisheries Policy to ensure sustainable fishing practices.

Commission Regulation (EU) 2024/2814 of 28 October 2024 establishing a fisheries closure for undulate ray in Union waters of 9 for vessels flying the flag of France

Commission Regulation (EU) 2024/2814 Overview

The Commission Regulation (EU) 2024/2814, adopted on 28 October 2024, establishes a fisheries closure for the undulate ray in Union waters of ICES zone 9 for vessels flying the flag of France. This regulation is a response to the exhaustion of the allocated fishing quota for this species by French vessels for the year 2024.

Structure and Main Provisions

The regulation is structured into three main articles:

  1. Article 1 – Quota Exhaustion: Declares the fishing quota for the undulate ray stock in Union waters of zone 9 allocated to France as exhausted, effective from the date specified in the Annex.
  2. Article 2 – Prohibitions: Outlines the prohibition of fishing activities for the undulate ray by French vessels from the specified date. This includes prohibiting searching, shooting, setting, or hauling fishing gear for this stock. However, activities like transshipping, retaining, processing, and landing are permitted for catches made before the exhaustion date. Unintended catches must be recorded and counted against quotas as per existing regulations.
  3. Article 3 – Entry into Force: States that the regulation will come into effect the day after its publication in the Official Journal of the European Union.

Key Provisions and Importance

One of the core provisions is the immediate prohibition of targeted fishing activities for the undulate ray by French vessels, which is crucial for sustainable fishery management. The regulation ensures that the remaining quota is respected and that the undulate ray stock is protected from overfishing, aligning with the EU’s Common Fisheries Policy objectives. Monitoring and reporting unintended catches as stipulated in the regulation are vital for maintaining transparency and accountability in fisheries management.
The regulation reflects the EU’s commitment to conserving marine biodiversity and ensuring the long-term sustainability of fish stocks, which is essential for the environmental and economic health of the Union’s maritime sectors.

Commission Regulation (EU) 2024/2826 of 28 October 2024 establishing a fisheries closure for Greenland halibut in Norwegian waters of 1 and 2 for vessels flying the flag of France

Commission Regulation (EU) 2024/2826 Overview

This regulation, adopted by the European Commission on October 28, 2024, establishes a fisheries closure for Greenland halibut in specific Norwegian waters for vessels flying the French flag. It responds to the exhaustion of the fishing quota allocated to France for 2024, prohibiting certain fishing activities to manage the stock sustainably.

Structure and Key Provisions

  • Article 1: Quota Exhaustion – Declares the fishing quota for Greenland halibut in Norwegian waters of 1 and 2 as exhausted from the date specified in the annex.
  • Article 2: Prohibitions – Prohibits fishing for Greenland halibut by French vessels, including searching, setting, or hauling gear for this stock. Allows transshipping, retaining, processing, and landing of previously caught fish. Unintended catches must be recorded and counted against quotas.
  • Article 3: Entry into Force – States the regulation will be effective from the day following its publication in the Official Journal.

The annex specifies the closing date for fishing activities as July 26, 2024, and identifies the stock and zone concerned.

Significant Provisions for Implementation

The regulation’s most critical provisions include the immediate prohibition of fishing activities for Greenland halibut by French vessels in specified Norwegian waters, effectively managing the stock after the quota has been exhausted. Additionally, the regulation outlines the process for handling unintended catches, ensuring they are managed under existing quota rules, thus promoting sustainable fishing practices in line with the Common Fisheries Policy.

Commission Regulation (EU) 2024/2813 of 28 October 2024 establishing a fisheries closure for haddock in Norwegian waters of 1 and 2 for vessels flying the flag of France
Essence of the Act:
This regulation establishes a fisheries closure for haddock in Norwegian waters of areas 1 and 2 specifically for vessels flying the French flag. It is a response to the quota exhaustion for the haddock stock allocated to France for the year 2024.
Structure and Main Provisions:

  • The regulation starts with a preamble that references the legal basis for the action, particularly under Council Regulation (EC) No 1224/2009, which establishes a control system for the common fisheries policy.
  • Article 1 declares the exhaustion of the haddock fishing quota allocated to France in the specified Norwegian waters.
  • Article 2 outlines prohibitions related to fishing activities by French vessels, including searching for, catching, and processing haddock from the specified stock after the quota exhaustion date. It allows for the handling of catches made prior to the closure date.
  • Article 3 specifies the regulation’s entry into force, which is the day following its publication in the Official Journal.
  • An Annex provides specific details such as the stock number, species, zone, and the closing date of 26 July 2024.

Main Provisions for Use:

  • The regulation prohibits French vessels from engaging in any fishing activities for haddock in the specified Norwegian waters after the quota is exhausted. This includes searching, setting, or hauling fishing gear for this stock.
  • While fishing activities are prohibited post-closure, the regulation allows for the transshipment, retention, and landing of haddock caught before the closure date, provided these activities adhere to existing regulations.
  • Unintended catches of haddock must be recorded and counted against quotas, ensuring compliance with the broader EU regulatory framework under the Common Fisheries Policy.

Commission Regulation (EU) 2024/2812 of 28 October 2024 establishing a fisheries closure for anglerfishes in areas 8c, 9 and 10; Union waters of CECAF 34.1.1 for vessels flying the flag of France
The Commission Regulation (EU) 2024/2812, issued on October 28, 2024, establishes a fisheries closure for anglerfishes in specific maritime areas for vessels flying the flag of France. This regulation is a response to the exhaustion of the allocated fishing quota for anglerfishes in these areas for the year 2024.
The structure of the regulation includes an introduction that references the legal basis and the relevant Council Regulation (EC) No 1224/2009. It then provides three main articles: Article 1 addresses the exhaustion of the quota, Article 2 outlines prohibitions on fishing activities, and Article 3 specifies the regulation’s entry into force. The regulation is capped by an annex detailing the specific member state, stock, species, zone, and the closing date for fishing activities.
Key provisions of this act include the prohibition of fishing for anglerfishes by French vessels in the specified areas from January 1, 2024, as detailed in Article 2. Additionally, while fishing activities are prohibited, the regulation allows for the handling of catches taken before this date, including transshipping and processing, under certain conditions. The regulation also mandates the recording and landing of unintended catches, ensuring compliance with broader EU fisheries policies.

Commission Regulation (EU) 2024/2815 of 28 October 2024 establishing a fisheries closure for redfish in Norwegian waters of 1 and 2 for vessels flying the flag of France

Commission Regulation (EU) 2024/2815 Overview

Commission Regulation (EU) 2024/2815, issued on 28 October 2024, establishes a fisheries closure for redfish in Norwegian waters of zones 1 and 2, specifically targeting vessels flying the French flag. This regulation is a response to the exhaustion of the allocated quota for redfish catches by French vessels for the year 2024.

Structure and Main Provisions

The regulation is structured into a series of articles that outline the exhaustion of quotas, prohibitions on fishing activities, and the regulation’s entry into force:

  • Article 1 – Quota Exhaustion: Declares that the fishing quota allocated to France for redfish in Norwegian waters of zones 1 and 2 is deemed exhausted as of the date specified in the annex.
  • Article 2 – Prohibitions: Prohibits French vessels from fishing for redfish in the specified zones from the date in the annex. It also details the handling of catches made before this date, including transshipping, retaining, processing, and landing.
  • Article 3 – Entry into Force: Specifies that the regulation enters into force the day after its publication in the Official Journal of the European Union.

The annex provides specific details on the member state affected (France), the stock (redfish), the zone (Norwegian waters of 1 and 2), and the closing date for the fishery (26 July 2024).

Key Provisions for Application

The most crucial provisions for implementation involve the prohibition of fishing activities by French vessels for redfish in the designated Norwegian waters, effective from 26 July 2024. This includes all activities associated with fishing such as searching, shooting, setting, or hauling fishing gear. However, activities related to catches made before this date, such as processing and landing, remain authorized. Additionally, any unintended catches must be recorded and counted against quotas as per existing regulations.
This regulation serves as a critical measure to ensure compliance with the European Union’s fisheries management policies, aimed at sustainable fishing practices and the conservation of marine resources.

Commission Implementing Regulation (EU) 2024/2835 of 4 November 2024 laying down templates concerning the transparency reporting obligations of providers of intermediary services and of providers of online platforms under Regulation (EU) 2022/2065 of the European Parliament and of the Council

Commission Implementing Regulation (EU) 2024/2835

This regulation, adopted on November 4, 2024, establishes templates for transparency reporting obligations for providers of intermediary services and online platforms under the Digital Services Act (Regulation (EU) 2022/2065). It aims to ensure a uniform and transparent approach to reporting activities related to content moderation, orders from authorities, and other obligations under the Digital Services Act.

Structure and Provisions of the Regulation

The regulation is structured into articles that outline the requirements for transparency reports, reporting periods, retention of reports, and entry into force. It includes detailed templates in Annex I for quantitative and qualitative reporting, and instructions in Annex II on how to fill these templates. The regulation aligns the reporting timelines and formats across different types of service providers, ensuring reports are machine-readable and comparable.

Main Provisions

  • Templates for Transparency Reports: Providers must use specific templates (CSV or XLSX formats) for reporting, focusing on content moderation and compliance with the Digital Services Act.
  • Reporting Periods: Annual reporting is mandated for most providers, with biannual reporting for very large online platforms and search engines.
  • Retention and Accessibility: Reports must be retained and publicly accessible for at least five years, ensuring transparency and accountability.
  • Use of Automated Means: Providers must disclose information on automated content moderation tools, including their accuracy and error rates.
  • Human Resources and Content Moderation: Very large platforms must report on the human resources dedicated to content moderation, including linguistic expertise and training.

Decision no 1/2024 of the Partnership Council established by 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 of 5 November 2024 modifying Annex 3 to 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 (Product Specific Rules of Origin) [2024/2837]

Decision No 1/2024 of the Partnership Council: Modifying Annex 3 of the Trade and Cooperation Agreement

The essence of Decision No 1/2024 is to update Annex 3 of the Trade and Cooperation Agreement between the European Union and the United Kingdom. This update aligns the Product Specific Rules of Origin with the changes introduced by the Harmonized System (HS) 2022. The decision ensures that the rules reflect current international standards for commodity classification.

Structure and Main Provisions

The decision is structured into several key points:

  • It acknowledges the authority of the Partnership Council under Articles 7 and 68 of the Trade and Cooperation Agreement to amend the rules of origin and their annexes.
  • It specifies that the existing Annex 3, which is based on HS 2017, will be replaced to align with HS 2022.
  • Modifications include updates to chapters, headings, and sub-headings to reflect the latest classifications and ensure the rules remain consistent for products that have transitioned to new headings.
  • Emphasizes that changes are for clarity and do not alter the substantive rules of origin.
  • Annex 3 is replaced by a new version as outlined in Annex 1 of the decision.
  • The decision will take effect 60 days post-adoption, ensuring a transition period for stakeholders.

Key Provisions for Practical Application

For practical use, the most critical elements are:

  • Product Specific Rules of Origin: These are detailed in Annex 1 and specify the working or processing required for a product to obtain originating status. This is crucial for businesses to determine tariff preferences under the agreement.
  • Updated Harmonized System Classifications: Products must be classified according to the new HS 2022 which affects how goods are categorized and processed for origin determination.
  • Consistency with International Standards: By aligning with HS 2022, the decision ensures that the EU-UK trade relationship remains in step with global trade norms, facilitating smoother customs procedures and trade flows.
  • Specific Changes for Certain Products: Adjustments are noted for specific headings such as 24.03, 24.04, 38.27, 84.79, and 85.24, which users must pay particular attention to in their trade operations.

This decision is a technical update designed to maintain the relevance and applicability of the Trade and Cooperation Agreement in light of international classification changes.

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