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[:uk]Commission Implementing Regulation (EU) 2024/2621 of 1 October 2024 concerning the classification of certain goods in the Combined Nomenclature[:][:uk] Class […]

[:uk]Regulation (EU) 2024/2594 of the European Parliament and of the Council of 18 September 2024 laying down conservation, management and control measures applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries, amending Regulation (EU) 2019/1241 of the European Parliament and of the Council and Council Regulation (EC) No 1224/2009, and repealing Regulation (EU) No 1236/2010 of the European Parliament and of the Council and Council Regulations (EEC) No 1899/85 and (EEC) No 1638/87[:][:uk] Summary of Regulation (EU) 2024/2594: Conservation, Management, and Control Measures in the North-East Atlantic Fisheries The Regulation (EU) 2024/2594 establishes comprehensive conservation, management, and control measures for fisheries in the area covered by the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (NEAFC Convention). It aims to ensure sustainable fishing practices, protect vulnerable marine ecosystems, and align existing regulations with updated measures. Key Provisions Title I: General Provisions Article 1: Subject Matter This Regulation: Implements conservation and management measures, including amendments to the NEAFC Scheme of Control and Enforcement. Establishes measures for certain pelagic fisheries in the Convention Area and Union waters of the CECAF area. Amends provisions of Regulations (EC) No 1224/2009 and (EU) 2019/1241. Applies alongside existing fisheries regulations, such as Regulation (EU) 2017/2403 and Council Regulation (EC) No 1005/2008. Title II: NEAFC Measures Chapter I: Scope and Definitions Scope The measures apply to: EU fishing vessels operating in the Regulatory Area under NEAFC jurisdiction. EU vessels with catches from the Convention Area, as specified. Third-country vessels with catches from the Convention Area in EU waters or ports, where applicable. Definitions Key terms are defined to provide clarity, including: Convention Area: Specific maritime zones in the Atlantic and Arctic Oceans defined by the NEAFC. Regulatory Area: Parts of the Convention Area beyond national fisheries jurisdiction. Vulnerable Marine Ecosystems (VMEs): Ecosystems identified using criteria from the FAO guidelines for deep-sea fisheries. Bottom Fishing: Fishing methods where gear contacts the seafloor. Existing Bottom Fishing Areas: Areas where bottom fishing occurred between 1987 and 2007 (listed in Annex III). Exploratory Bottom Fishing: New bottom fishing activities or significant changes in existing practices in certain areas. Fishing Activities: Includes fishing, transhipment, processing, and related commercial activities. Chapter II: Conservation Measures Measures to Protect VMEs To safeguard vulnerable marine ecosystems, the Regulation introduces the following measures: Prohibitions on Bottom Fishing: Bottom trawling and static gear fishing are prohibited outside existing bottom fishing areas (Annex III), except for authorized exploratory fishing. Closed Areas: Fishing with bottom contact gear is prohibited in designated areas to protect VMEs (listed in Annex IV). Encounter Protocols: Masters of vessels must monitor and record catches of VME indicator species. If thresholds are exceeded, they must cease fishing and move away from the area. Reporting Requirements: Details of any encounters with VME species must be reported to the flag Member State, which in turn notifies the European Commission and NEAFC Secretariat. Compliance with Temporary Closures: Vessels must adhere to temporary closures announced by NEAFC following VME encounters. Exploratory Bottom Fishing Activities Exploratory bottom fishing is closely regulated: Prior Assessment: Member States must obtain prior assessments from NEAFC’s Permanent Committee on Management and Science (PECMAS) and the International Council for the Exploration of the Sea (ICES). Detailed Submission: Vessels must submit comprehensive plans, including harvesting, mitigation, monitoring, and data collection strategies. Scientific Observers: Vessels engaged in exploratory fishing must carry scientific observers to monitor for VMEs and collect data. Authorization: Fishing activities can only begin after obtaining approval from NEAFC and authorization from the flag Member State. Other Technical and Conservation Measures Additional measures include: Landing Obligations: Prohibits discarding certain species, ensuring all catches are landed and recorded. Minimum Conservation Reference Sizes: Establishes minimum sizes for specific species like haddock, ling, blue ling, mackerel, and herring. Mesh Sizes: Specifies minimum mesh sizes for fishing gear to reduce bycatch and protect juvenile fish. Closed Areas and Seasons: Implements seasonal closures and area restrictions to protect vulnerable species and habitats, detailed in Annex IV. Protection of Specific Species: Introduces measures for the sustainability of redfish, blue ling, and haddock fisheries in certain areas. Chapter III: Control and Enforcement Measures Control Measures Key control measures include: Vessel Authorization: Vessels must be authorized and listed by the Member State and NEAFC to operate in the Regulatory Area. Vessel Identification and Documentation: Vessels must be properly marked and carry necessary documentation, including details about the vessel, owner, and authorizations. Gear Marking: Fishing gear must be marked according to international standards to prevent loss and facilitate retrieval. Waste Management: Prohibits the deliberate abandonment of fishing gear and discharge of waste, with requirements to report and retrieve lost gear. Labelling of Frozen Fish: Requires proper labelling of frozen fish to ensure traceability and compliance with regulations. Monitoring of Fisheries To ensure compliance, the Regulation mandates: Electronic Logbooks: Masters must maintain electronic logbooks and transmit data to their flag Member State’s Fisheries Monitoring Centre (FMC). Reporting Fishing Activities: Includes prior notifications of entry and exit from the Regulatory Area, daily catch reports, and transhipment notifications. Vessel Monitoring Systems (VMS): Vessels must use satellite-based VMS to transmit position, course, and speed data at regular intervals. Communication Protocols: Specifies standardized data formats and protocols for communication between vessels, Member States, and the NEAFC Secretariat. Joint Inspection and Surveillance Ensures compliance through collaborative efforts: Coordination by EFCA: The European Fisheries Control Agency coordinates inspection and surveillance activities under the NEAFC Scheme. Assignment of Inspectors: Member States assign inspectors who are authorized to carry out inspections and must carry identification documents. Use of Inspection Vessels and Aircraft: Member States provide inspection platforms, and details are communicated to the NEAFC Secretariat. Inspection Procedures: Detailed procedures outline how inspections at sea are to be conducted, including the rights and obligations of inspectors and vessel masters. Port State Control Regulations for foreign vessels using EU ports include: Designated Ports: Member States must designate ports where foreign vessels can land, tranship, or access services. Advance Notification: Vessels must notify port authorities before arrival, providing detailed information through standardized forms (PSC forms). Authorization Procedures: Landing and transhipment are subject to authorization, which depends on confirmations from the flag State and compliance checks. Port Inspections: Vessels are inspected based on risk assessments, with specific guidelines provided for conducting inspections. Denial of Port Services: Conditions under which port services may be denied to vessels, particularly if they are suspected of IUU (Illegal, Unreported, and Unregulated) fishing activities. Infringements and Compliance To address violations: Reporting of Infringements: Inspectors must report violations, collect evidence, and follow procedures for documenting infractions. Serious Infringements: Specifies actions considered serious, such as fishing without authorization, use of prohibited gear, or obstructing inspections. Follow-up Actions: Member States are required to take prompt action, which may include investigations, sanctions, or requiring vessels to proceed to port for inspection. Data Sharing: Member States must report annually on surveillance activities, infringements, and their outcomes to EFCA and the Commission. Chapter IV: Measures for Non-Contracting Party Vessels To deter IUU fishing by non-Contracting Party vessels: Sightings and Reporting: Vessels suspected of IUU fishing are to be reported promptly to EFCA and the NEAFC Secretariat. Inspection at Sea: NEAFC inspectors may request permission to board and inspect non-Contracting Party vessels; refusal may trigger further action. Port Access Denied: Vessels engaged in IUU fishing may be denied entry to EU ports or access to port services. Legal Actions: Member States are encouraged to take legal actions against such vessels, including seizures or sanctions, in accordance with international law. Title III: Measures Applicable to Certain Pelagic Fisheries Scope and Application These measures apply to fisheries targeting herring, mackerel, horse mackerel, and blue whiting in the NEAFC Convention Area and specified Union waters. Specific Measures Catch Handling Restrictions: Sets technical specifications for handling equipment on pelagic fishing vessels to prevent high grading and discarding. Automatic Grading Equipment: Prohibits the use of equipment capable of automatically grading fish by size, with exceptions under strict conditions. Move-on Provisions: Requires vessels to move fishing areas if a significant percentage of the catch consists of undersized fish, protecting juvenile populations. Monitoring and Surveillance To enhance compliance: Remote Surveillance: Requires the use of camera and sensor technologies at landing and processing facilities handling large volumes of pelagic species. Data Access: Competent authorities must have access to live and recorded surveillance data to monitor compliance with landing and weighing requirements. Data Protection: Surveillance data is used solely for fisheries control purposes and must comply with data protection regulations. Title IV: Final Provisions Data Management and Protection The Regulation stipulates that: Personal Data Handling: Collection and processing of personal data must comply with EU data protection laws. Data Retention: Personal data should not be stored longer than necessary, with provisions for retaining data related to legal proceedings. Confidentiality and Security: Authorities must ensure the confidentiality and security of data, implementing measures to prevent unauthorized access or processing. Delegated Powers The European Commission is empowered to adopt delegated acts to: Implement NEAFC Recommendations: Update technical and procedural aspects to align with new NEAFC measures. Adapt to Coastal State Agreements: Adjust measures in response to agreements with other North-East Atlantic coastal States. Ensure Timely Updates: Facilitate the swift incorporation of international fisheries management decisions into EU law. Amendments and Repeals The Regulation amends and repeals certain previous regulations to ensure consistency, including: Amendments to Regulations: Modifies specific articles in Regulations (EC) No 1224/2009 and (EU) 2019/1241. Repeals: Repeals Regulations (EEC) No 1899/85, (EEC) No 1638/87, and (EU) No 1236/2010, consolidating their provisions into this Regulation. References: Provides that references to repealed regulations are to be construed as references to this Regulation. Entry into Force The Regulation: Effective Date: Enters into force on the third day following its publication in the Official Journal of the European Union. Application of Specific Articles: Certain provisions, such as Article 49(4) and Article 52, apply from 1 January 2026, allowing time for implementation. Annexes The Regulation includes several annexes providing detailed technical specifications, lists, and forms: Annex I: Regulated Resources Lists species subject to the Regulation, categorized into pelagic and oceanic species, deep-sea species, and others. This includes species like redfish, herring, blue whiting, mackerel, and deep-sea sharks. Annex II: VME Indicator Species Identifies species that are indicators of vulnerable marine ecosystems, such as certain types of corals and sponges. This aids in the identification and protection of VMEs during fishing operations. Annex III: Existing Bottom Fishing Areas Provides the geographical coordinates of areas where bottom fishing activities have historically occurred and where certain activities are permitted under regulation. Annex IV: Technical Measures Details specific technical measures, including: Landing Obligations: Lists species that cannot be discarded and must be landed. Minimum Conservation Reference Sizes: Specifies minimum sizes for certain species to protect juveniles. Mesh Sizes: Sets minimum mesh sizes for different types of fishing gear to reduce bycatch. Closed Areas and Seasons: Defines areas and periods where fishing is restricted or prohibited to protect ecosystems and spawning grounds. Subsequent Annexes Additional annexes provide forms, templates, and technical instructions for compliance, including: Annex V: Notification and authorization procedures for fishing vessels. Annex VI: Production logbook data elements. Annex VII: Codes for product forms, packaging, and processing types. Annex VIII: Data requirements for recording catch and fishing effort. Annex IX–XXIII: Include formats for vessel monitoring system (VMS) reports, inspection forms, port state control forms, and guidelines for r […]

[:uk]Commission Regulation (EU) 2024/2609 of 7 October 2024 amending Annex II to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for napropamide, pyridaben and tebufenpyrad in or on certain products[:][:uk] Summary of Amendments to Maximum Residue Levels for Napropamide, Pyridaben, and Tebufenpyrad Commission Regulation (EU) 2024/2609 amends Annex II to Regulation (EC) No 396/2005, adjusting the maximum residue levels (MRLs) for the pesticides napropamide, pyridaben, and tebufenpyrad in or on certain products. Napropamide Citrus fruits, strawberries, and cane fruits: Existing MRLs are maintained. Footnotes requiring additional information are deleted following the submission of missing storage stability data. Blueberries, cranberries, currants, gooseberries, rose hips, and elderberries: MRLs are lowered to the limit of determination (LOD) due to the absence of submitted crop metabolism data. Footnotes are deleted. Herbs and edible flowers: In the absence of submitted residue trials, MRLs are set at the product-specific LOD. Footnotes are deleted. Herbal infusions (flowers, leaves, herbs, roots) and fruit spices: MRLs are maintained at the LOD despite the missing analytical methods for difficult matrices. Footnotes are deleted. Pyridaben Pome fruits (apples, pears, quinces, medlars, loquats/Japanese medlars): New residue data supports lower MRLs for the entire group. Footnotes are deleted. Apricots, peaches, and beans with pods: Due to the absence of new residue trials, MRLs are lowered to the LOD. Footnotes are deleted. Animal products (bovine, sheep, goat, equine muscle, fat, liver, kidney, and milk): Missing information was submitted. MRLs for milk are maintained at the LOD, and LODs for meat products are lowered to 0.01 mg/kg. Footnotes are deleted. Tebufenpyrad Apricots, peaches, blackberries, and dewberries: Submission of missing residue trials allows for the adjustment of MRLs. Footnotes are deleted. Beans with pods and hops: In the absence of new data, MRLs are lowered to the product-specific LOD. Footnotes are deleted. Animal products (except honey and apiculture products): Missing information was provided, so existing MRLs are maintained. Footnotes are deleted. Honey and apiculture products: Without new analytical methods, MRLs are maintained at the LOD. Footnotes are deleted. Table grapes: MRLs are lowered based on safer Good Agricultural Practices to prevent exceeding the acute reference dose. Additional Adjustments European Union reference laboratories have noted that technical developments allow for setting lower LODs for certain products. The regulation applies from 28 April 2025. Products placed on the market before this date are exempt from the new MRLs, except for tebufenpyrad […]

[:uk]Commission Regulation (EU) 2024/2612 of 7 October 2024 amending Annexes II, III and IV to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for chitosan, clopyralid, difenoconazole, fat distillation residues, flonicamid, hydrolysed proteins, and lavandulyl senecioate in or on certain products[:][:uk]Summary of Commission Regulation (EU) 2024/2612 of 7 October 2024 The European Commission has issued Regulation (EU) 2024/2612, which amends Annexes II, III, and IV of Regulation (EC) No 396/2005 concerning maximum residue levels (MRLs) for specific substances in or on certain food products. The substances affected by these amendments are: Chitosan Clopyralid Difenoconazole Fat distillation residues Flonicamid Hydrolysed proteins Lavandulyl senecioate Updates to Maximum Residue Levels (MRLs) Flonicamid MRLs for flonicamid have been updated in Annex II. The adjustments reflect new data and applications concerning its use on various crops. The updated MRLs apply to the following products: Potatoes Lettuces and salad plants Spinaches and similar leaves Beans (without pods) Cardoons Celeries Florence fennels Rhubarbs Clopyralid MRLs for clopyralid have been modified in Part A of Annex III. The changes pertain to honey and other apiculture products, reflecting new applications and assessments of consumer safety. Difenoconazole MRLs for difenoconazole have been updated in Part A of Annex III, specifically for rye and wheat. The new MRL is set at 0.1 mg/kg for both grains, based on evaluations by the European Food Safety Authority (EFSA). Additions to Annex IV The following substances have been added to Annex IV of Regulation (EC) No 396/2005. This means they are exempt from MRL requirements because their use is not expected to result in harmful residues: Chitosan Fat distillation residues Hydrolysed proteins Lavandulyl senecioate Regulation Details The regulation specifies that for substances like chitosan, fat distillation residues, hydrolysed proteins, and lavandulyl senecioate, no specific MRLs were previously set, and they were not included in Annex IV. Given that these substances are not expected to leave residues that pose a consumer risk, they have now been included in Annex IV, exempting them from MRL requirements. Implementation This regulation enters into force on the twentieth day following its publication in the Official Journal of the European Union. It is binding in its entirety and directly applicable in all Member States. Reference Amendments The annexes of the regulation provide detailed tables of the updated MRLs for the substances in question. These tables replace previous entries in Annexes II and III of Regulation (EC) No 396/2005 and list the specific products and their corresponding MRLs. Key Points The updates are based on applications submitted under Article 6(1) of Regulation (EC) No 396/2005, which were evaluated by Member States and assessed by the EFSA. The EFSA concluded that the new MRLs are acceptable concerning consumer safety, considering both chronic and acute exposure assessments. For difenoconazole, despite some uncertainties regarding isomerism, the MRLs were updated as the crops in question are minor contributors to overall exposure. The inclusion of certain substances in Annex IV simplifies regulatory requirements for those substances, recognizing their low […]

[:uk]Commission Implementing Regulation (EU) 2024/2632 of 8 October 2024 amending Implementing Regulation (EU) 2022/1193 as regards measures on water liable to be infected by Ralstonia solanacearum (Smith 1896) Yabuuchi et al. 1996 emend. Safni et al. 2014, measures to be taken by the professional operators and the template on the reporting of survey results[:][:uk]Summary of Commission Implementing Regulation (EU) 2024/2632 The European Commission has issued Implementing Regulation (EU) 2024/2632 on 8 October 2024, which amends the previous Implementing Regulation (EU) 2022/1193. This regulation focuses on enhancing measures to eradicate and prevent the spread of Ralstonia solanacearum (Smith 1896) Yabuuchi et al. 1996 emend. Safni et al. 2014, a harmful plant pest known to cause significant damage to solanaceous crops such as potatoes and tomatoes. Key Amendments Introduced 1. Inclusion of Water Liable to be Infected The regulation extends the scope of measures to not only water confirmed to be infected but also water that is liable to be infected by Ralstonia solanacearum. This includes: Subjecting water liable to be infected to provisions regarding confirmation of the pest’s presence. Designating items as probably infected based on new elements. Implementing eradication measures for water liable to be infected. Considering water liable to be infected when determining possible spread of the pest. 2. Measures Within Demarcated Areas Within demarcated areas where the pest is present, the regulation mandates that both water confirmed to be infected and water liable to be infected are subject to specific control measures. These measures aim to prevent further spread within and beyond these areas. 3. Role of Professional Operators The regulation assigns greater responsibility to professional operators in the eradication and control efforts. Specifically: Professional operators are required to destroy or appropriately dispose of infected specified plants under the official supervision of competent authorities. This approach acknowledges the practical challenges faced by authorities in accessing all affected locations and leverages the capacity of operators to implement measures effectively. 4. Amendments to the Survey Reporting Template (Annex II) The regulation revises Annex II, which contains the template for presenting survey results. Key changes include: Improving the template’s practicality and efficacy for reporting. Removing data fields that do not provide significant information, such as sampling period data for certain potato tubers. Reordering columns to reflect the chronological order of actions, placing visual inspections before laboratory test results. Distinguishing between laboratory testing results from samples taken during visual inspections of growing crops and those from tubers in storage. Adding columns for laboratory testing of water to enhance accuracy in reporting. Transferring the column for positive visual inspections under laboratory tests for clearer presentation. Separating results for symptomatic and asymptomatic samples to better understand latent infections and potential spread. Eliminating data fields that are redundant due to existing requirements elsewhere in the regulation. 5. Specific Amendments to Articles and Annexes The regulation makes precise changes to various articles and annexes of Implementing Regulation (EU) 2022/1193: Article 5(4), second subparagraph, point (b): Updated to include water liable to be infected when considering elements for designation. Article 6(1), first subparagraph: Professional operators must ensure infected specified plants are destroyed or disposed of under official supervision. Annex IV: Adjustments to elements for designating items as probably infected and determining possible spread, including references to water liable to be infected. Annex V, point 4.2(2): Amendments to measures concerning surface water designated as infected or liable to be infected, introducing certain derogations under specific conditions. 6. Introduction of Derogations The regulation allows for derogations (exceptions) in specific circumstances: Member States may decide not to conduct annual surveys of surface water designated as infected or liable to be infected if there is no indication of a change in pest status within the demarcated area. The use of water subject to a ban may be permitted in greenhouses for irrigation and spraying of tomato plants and other host plants intended for final consumption and processing, provided the water is disinfected or found free from the pest after intensive sampling and testing. Implementation and Enforcement The regulation stipulates that it will enter into force on the twentieth day following its publication in the Official Journal of the European Union. It is binding in its entirety and directly applicable in all Member States, ensuring uniform implementation across the European Union. Conclusion Commission Implementing Regulation (EU) 2024/2632 strengthens the measures against Ralstonia solanacearum by broadening the scope to include water liable to be infected, refining roles and responsibilities of professional operators, and enhancing the effectiveness of survey reporting. These amendments aim to improve the detection, control, and eradication of this harmful plant […]