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Review of the EU legislation for 11/12/2024

Here’s a review of the key legal acts:

Baltic Sea Fishing Technical Measures

Two regulations focus on reducing cod by-catches in the Baltic Sea through specific gear requirements. They mandate three types of fishing gear configurations when directed cod fishing is prohibited:

  • Roofless selection device with standard gear
  • Modified T90 codend with Roofless device
  • Square mesh codend with Roofless device

Technical specifications include 125mm minimum mesh sizes, specific construction requirements for different codend types, and detailed parameters for the Roofless selection device. The measures aim to reduce cod by-catches by at least 55% and will apply from April 2025.

Democratic Republic of Congo Sanctions Update

The regulation modifies entries for four individuals in the sanctions list:

  • A FARDC Colonel involved in human rights violations
  • A Belgian businessman connected to illicit gold trade
  • Two FDLR/FOCA commanders responsible for serious human rights abuses

Sudan Sanctions Extension

The regulation adds two Rapid Support Forces Major Generals to the sanctions list for their involvement in threatening peace and security in Darfur. The individuals are specifically linked to violent acts against civilians in West Darfur during 2023, including killings, attacks on civilian populations, and human rights violations in El-Geneina and Ardamata.

Review of each of legal acts published today:

Commission Delegated Regulation (EU) 2024/3093 of 13 October 2022 amending Regulation (EU) 2019/1241 of the European Parliament and of the Council as regards specific technical measures to reduce by-catches of cod in the Baltic Sea

This Commission Delegated Regulation amends the EU’s technical measures for fishing in the Baltic Sea, specifically focusing on reducing by-catches of cod. The regulation introduces new requirements for fishing gear and selective devices to protect heavily depleted Baltic cod stocks.The regulation introduces three main types of fishing gear configurations that must be used in ICES subdivisions 22-26 when directed cod fishing is prohibited:- A Roofless selection device combined with standard gear- A modified T90 codend with Roofless selection device- A square mesh codend with Roofless selection deviceAdditionally, in subdivisions 24-26, vessels may use the modified T90 codend without the Roofless device.Key provisions include:- The requirement to reduce incidental catches of cod by at least 55%- Mandatory use of specific mesh sizes and gear combinations- Separate recording requirements for catches made with these gear configurations- Annual reporting of scientific data by Member States- Regular assessment of the measures’ effectiveness starting from the third year of application- The regulation will apply from April 9, 2025, giving vessels time to equip with new devicesThe technical specifications include detailed requirements for:- Mesh sizes of at least 125mm for modified gear- Construction specifications for different codend types- Proper installation and use of the Roofless selection device- Reinforcement requirements for gear components- Monitoring and reporting procedures for catch data

Council Implementing Regulation (EU) 2024/3107 of 9 December 2024 implementing Regulation (EC) No 1183/2005 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo

This Council Implementing Regulation amends the existing restrictive measures concerning the situation in the Democratic Republic of the Congo (DRC), specifically updating the list of persons subject to sanctions. The regulation modifies entries for four individuals in Annex Ia of Regulation (EC) No 1183/2005.The regulation’s structure is straightforward, containing two main articles: Article 1 implements the amendments to Annex Ia, and Article 2 establishes the entry into force. The detailed changes are specified in the Annex, which updates information about four individuals: Joseph Nganzo Olikwa Tipi, Alain François Viviane Goetz, Pierre Celestin Rurakabije, and Gustave Kubwayo.Key provisions in the Annex detail specific information about each listed individual, including:

  • Joseph Nganzo Olikwa Tipi – A FARDC Colonel responsible for human rights violations, particularly attacks on civilians and rapes of women
  • Alain François Viviane Goetz – A Belgian businessman involved in illicit gold trade from DRC mines controlled by armed groups
  • Pierre Celestin Rurakabije – Deputy Commander of FDLR/FOCA’s CRAP unit, involved in serious human rights violations
  • Gustave Kubwayo – Commander of FDLR/FOCA’s CRAP unit, responsible for various human rights abuses including rape, killings, and child soldier recruitment

Commission Implementing Regulation (EU) 2024/3094 of 27 November 2024 laying down detailed rules on certain selective devices to reduce incidental catches of cod in the Baltic Sea provided for in Annex VIII to Regulation (EU) 2019/1241 of the European Parliament and of the Council

This Regulation establishes detailed technical specifications for selective fishing devices designed to reduce incidental catches of cod in the Baltic Sea. It implements specific requirements for fishing gear modifications when fishing for flatfish in certain ICES subdivisions of the Baltic Sea.The Regulation consists of two articles and an extensive technical annex. The main body establishes the legal basis and implementation timeline, while the Annex provides detailed technical specifications for three types of selective devices: the square mesh codend (SMC_125), the modified T90 codend (T90_125_2P_LR), and the NEMOS with ROOFLESS system (NEMOS+RL175).The key technical specifications include:

  • Square mesh codend requirements: minimum mesh size of 125 mm, specific construction with two panels, maximum 50 free bars in circumference, and minimum length of 5.5 meters
  • Modified T90 codend specifications: minimum mesh size of 125 mm, specific material requirements for threads, and minimum length of 6 meters for lastridge ropes
  • NEMOS and ROOFLESS system details: four-panel construction with minimum length of 4.5 meters, specific escape window dimensions, and requirements for floats and weights

Each device is described with precise technical parameters including materials, dimensions, construction methods, and attachment requirements. The specifications are supplemented with technical drawings and figures for clarity of implementation.

Council Implementing Regulation (EU) 2024/3114 of 9 December 2024 implementing Article 15(1) of Regulation (EU) No 747/2014 concerning restrictive measures in view of the situation in Sudan

This Council Implementing Regulation amends the EU’s restrictive measures concerning Sudan by adding two individuals to the sanctions list in response to UN Security Council decisions. The regulation is an implementation of existing sanctions framework established by Regulation (EU) No 747/2014.The regulation consists of two articles and an annex. Article 1 introduces amendments to Annex I of the original regulation, while Article 2 establishes immediate entry into force upon publication. The annex contains detailed information about two new persons added to the sanctions list.The regulation adds two Rapid Support Forces (RSF) Major Generals to the sanctions list: Abdel Rahman Juma Barkalla and Osman Mohamed Hamid Mohamed. Both individuals are listed for their involvement in actions threatening peace, security, and stability in Darfur, including serious human rights violations. The entries include detailed personal information (birth dates, nationalities, identification numbers) and comprehensive descriptions of their involvement in violent acts against civilians, including killings, attacks on civilian populations, and human rights abuses in West Darfur during 2023.Key provisions detail specific incidents of violence, including the killing of West Darfur Governor Khamis Abakar, attacks on civil society representatives, and multiple assaults on civilian populations in El-Geneina and Ardamata resulting in thousands of deaths and creation of mass graves. The regulation provides explicit evidence of the individuals’ involvement in systematic violence, including sexual abuse of women and girls, and targeted killings of human rights activists.

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