(1)

The Agreement on maritime transport between the European Community and its Member States, of the one part, and the government of the People's Republic of China, of the other part (1) (the ‘Agreement’) entered into force on 1 March 2008.

(2)

In accordance with Article 6(2) of the Act of Accession of Croatia, Croatia is to accede to the Agreement by way of a protocol between the Council and the People's Republic of China.

(3)

On 14 September 2012, the Commission was authorised by the Council to negotiate a Protocol amending the Agreement (the ‘Protocol’) in order to take account of the accession of Croatia to the Union.

(4)

The Protocol was initialled in Brussels on 20 June 2014.

(5)

The Protocol should be signed,

(1)

The Agreement on maritime transport between the European Community and its Member States, of the one part, and the government of the People's Republic of China, of the other part (2) (the ‘Agreement’) entered into force on 1 March 2008.

(2)

In accordance with Article 6(2) of the Act of Accession of Croatia, Croatia is to accede to the Agreement by way of a protocol between the Council and the People's Republic of China.

(3)

On 14 September 2012, the Commission was authorised by the Council to negotiate a Protocol amending the Agreement (the ‘Protocol’) in order to take account of the accession of Croatia to the Union.

(4)

In accordance with Decision (EU) 2019/658 (3), the Protocol was signed in Brussels on 21 December 2018.

(5)

The Protocol should be approved,

(1)

Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

(2)

Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin.

(3)

Regulation (EC) No 1484/95 should therefore be amended accordingly.

(4)

Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

(1)

Article 17 of Regulation (EU) No 517/2014 provides for a central electronic registry to manage quotas, for the placing of hydrofluorocarbons on the market, and their reporting, including equipment placed on the market charged with hydrofluorocarbons (‘the registry’).

(2)

Following the Kigali Amendment to the Montreal Protocol on substances that deplete the ozone layer (2), as from 1 January 2019 Union imports and exports of bulk quantities of hydrofluorocarbons fall under the licensing system set out in Article 4B of the Montreal Protocol. Valid registration of an undertaking acting as importer or exporter, as appropriate, in the registry under Regulation (EU) No 517/2014 is considered to constitute such a licence.

(3)

In order to ensure the smooth functioning of the registry, it is important to specify the requirements for undertakings for which registration is compulsory. Those requirements should, inter alia, include a requirement to provide information related to the financial and legal status of those undertakings. Such information may be necessary in order to ensure an effective implementation of the quota allocation, avoid distortion of quota allocations and prevent circumvention and abuses of legislative requirements.

(4)

The different situation of undertakings that have mandated an only representative in accordance with Regulation (EU) No 517/2014 should also be reflected in the registration requirements.

(5)

In order to allow the quota mechanism for placing hydrofluorocarbons on the market to be implemented effectively by means of the registry it is important to provide safeguards aimed at ensuring that the allocation of quotas is carried out in a lawful and fair manner. The function of the registry is to facilitate effective implementation of the quota mechanism. The registry should therefore be organised and managed in a way that it allows it to be used as a tool to avoid any circumvention or abuse of the requirements for quota allocations. In particular, where the same beneficial owner(s) registers several undertakings with the aim of receiving a higher allocation of quotas than a single undertaking's share of the maximum quantity of hydrofluorocarbons that can be placed on the market in the Union in accordance with Article 15(1) of Regulation (EU) No 517/2014, such undertakings registered with the same beneficial owner(s) should be considered as one for the purposes of the quota allocation stipulated in Article 16(5) of the Regulation. Beneficial ownership can be related to any type of legal entity including for example small and medium-sized enterprises.

(6)

Taking into account national laws and rules regulating the establishment and operation of undertakings, the Commission needs the assistance of Member States in order to assess the completeness and accuracy of information provided by undertakings for registration purposes. Member States should therefore be required to cooperate and exchange information with the Commission in order to ensure the smooth functioning of the registry.

(7)

The Commission is required to ensure that personal data submitted pursuant to Article 17 of Regulation (EU) No 517/2014 are processed in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (3).

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established under Article 24(1) of Regulation (EU) No 517/2014,

(1)

Article 13(1) of Regulation (EC) No 1967/2006 prohibits the use of towed gears within 3 nautical miles of the coast or within the 50 m isobath where that depth is reached at a shorter distance from the coast.

(2)

At the request of a Member State, the Commission may allow derogation from Article 13(1) of Regulation (EC) No 1967/2006, provided that a number of conditions set out in Article 13(5) and (9) are fulfilled.

(3)

A derogation from the first subparagraph of Article 13(1) of that Regulation was granted until 6 December 2016 by Commission Implementing Regulation (EU) No 1233/2013 (2).

(4)

On 9 August 2016, the Spanish Authorities requested the Commission to extend the derogation beyond the end of the period of application of Regulation (EU) No 1233/2013. Spain provided up-to-date information justifying the extension of the derogation.

(5)

The Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the derogation requested by Spain and the related draft management plan during its 53rd plenary session held in October 2016 (3).

(6)

STECF noted that the new draft management plan for 2016-2019 was significantly improved in comparison to the previous management plan adopted in 2013. However, STECF indicated certain aspects that required further justification and clarification, notably regarding the increase of flexibility of the fleet census; operation over Posidonia seagrass beds; separation of waters around Mallorca into two management areas; increase of seasonal TAC and extension of fishing season for picarel.

(7)

In light of the STECF evaluation, the Commission requested additional data and clarifications, which Spain submitted to the Commission on 19 June and 6 November 2017, together with a scientific study (4). Spain withdrew 2 proposals for modification of the management plan: separation of waters around Mallorca into two management areas and extension of the fishing season for picarel.

(8)

Spain adopted the management plan by Decree (5) in accordance with Article 19(2) of Regulation (EC) No 1967/2006.

(9)

The extension of derogation requested by Spain complies with the conditions laid down in Article 13(5) and (9) of Regulation (EC) No 1967/2006.

(10)

There are specific geographical constraints given the limited size of the continental shelf and the spatial distribution of the target species, which is exclusively limited to certain zones in the coastal areas at depths of less than 50 metres.

(11)

The boat seines fishery cannot be undertaken with other gears and has no significant impact on the marine environment. This fishery is selective, since the seines are hauled in the water column and do not touch the seabed.

(12)

The request covers vessels registered in the maritime census managed by the Directorate-General for Fisheries and Marine Environment of the Balearic Islands which have a track record in the fishery of more than five years and operate under the management plan regulating boat seines fishing for transparent goby (Aphia minuta), Ferrer's goby (Pseudaphia ferreri) and Lowbody picarel (Spicara smaris). Those vessels are included on the list communicated to the Commission in line with the requirements of Article 13(9) of Regulation (EC) No 1967/2006.

(13)

The derogation requested by Spain affects a limited number of 55 vessels.

(14)

The management plan guarantees no future increase in the fishing effort, as fishing authorisations will be issued only to specified 55 vessels and a total maximum ceiling of tonnage and power will be set.

(15)

The fishing activities concerned take place at a very short distance from the coast and therefore do not interfere with the activities of other vessels.

(16)

The fishing activities concerned fulfil the requirements of Article 4(1) of Regulation (EC) No 1967/2006 which, by way of derogation, allows fishing above protected habitats if fishing is operated without touching the seagrass bed under certain conditions.

(17)

Since the fishing activities concerned are selective, have a negligible effect on the environment and are not affected by provisions in Article 4(5) of Regulation (EC) No 1967/2006, they are eligible for the derogation to the minimum mesh size referred to in Article 9(7) of Regulation (EC) No 1967/2006. Therefore, the minimum mesh size rules set by Article 9(3) do not apply.

(18)

The requirements of Article 8(1)(h) of Regulation (EC) No 1967/2006 are not applicable since they relate to trawlers.

(19)

The activity of boat seines is regulated in the Spanish management plan to ensure that catches of species mentioned in Annex III to Regulation (EC) No 1967/2006 are minimal and that the fishing activities do not target cephalopods.

(20)

The Spanish management plan includes measures for the monitoring of fishing activities, in accordance with the third subparagraph of Article 13(9) of Regulation (EC) No 1967/2006 and with Articles 14 and 15 of Council Regulation (EC) No 1224/2009 (6)

(21)

The requested extension of derogation should therefore be granted.

(22)

Spain should report to the Commission in due time and in accordance with the monitoring plan provided for in the Spanish management plan.

(23)

The duration of the extension of derogation should be limited in order to allow prompt corrective management measures in case the report to the Commission shows a poor conservation status of the exploited stock, while providing scope to improve the scientific basis for an improved management plan.

(24)

Since the derogation granted by Implementing Regulation (EU) No 1233/2013 expired on 6 December 2016, this Regulation should apply from 6 December 2016.

(25)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

(a)

registered in the maritime census managed by the Directorate-General for Fisheries and Marine Environment of the Balearic Islands;

(b)

having a track record in the fishery of more than five years and not involving any future increase in the fishing effort provided; and

(c)

holding a fishing authorisation and operating under the management plan adopted by Spain in accordance with Article 19(2) of Regulation (EC) No 1967/2006.

(1)

Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

(2)

On 17 April 2019, the Sanctions Committee of the United Nations Security Council decided to amend one entry in the list of persons, groups and entities to whom the freezing of funds and economic resources should apply.

(3)

On 22 April 2019, the Sanctions Committee of the United Nations Security Council decided to remove one entry from the list of persons, groups and entities to whom the freezing of funds and economic resources should apply.

(4)

Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly,

(1)

Council Decision No 940/2014/EU (2) authorises the French authorities to apply exemptions or reductions to dock dues for products produced locally in the French overseas departments and listed in the Annex to that Decision. The maximum authorised tax differential is, depending on the products and the overseas department in question, 10, 20 or 30 percentage points.

(2)

Pursuant to Decision No 940/2014/EU, on 12 February 2018 the French authorities presented to the Commission a report on the application of the tax arrangements provided for in that Decision. Specific evaluation reports for each of the French outermost regions accompanied by requests to adapt the list of products eligible for differentiated taxation were sent on 15 March 2018 for French Guiana, Martinique and Guadeloupe, on 4 June 2018 for Réunion and, without a request to adapt the list, on 28 August 2018 for Mayotte. An additional request for the inclusion of a new product on the list was made for French Guiana on 26 October 2018.

(3)

On the basis of the report presented on 12 February 2018 by the French authorities, the Commission presented to the Council the report as provided for in Decision No 940/2014/EU and a proposal for amendments to that Decision. Those proposed amendments concern Martinique, Guadeloupe, French Guiana and Réunion, and consist of the inclusion of new products on the list and of an increase, for certain products, of the authorised differential.

(4)

In the case of French Guiana, the Combined Nomenclature codes should be updated in the Annex to Decision No 940/2014/EU.

(5)

The adaptation of the lists is justified in each case in view of the additional costs of locally produced products compared with equivalent imported products produced in the Union.

(6)

The adaptations that should be made are mostly to be entered on the lists in the Annex to Decision No 940/2014/EU for products which were already produced locally in 2014 and for which no application for inclusion on lists had been submitted in 2014.

(7)

In French Guiana the products concerned are cement (product 2523 29 00) and wooden furniture (products 9403 30, 9403 50 00, 9403 60 and 9403 90 30).

(8)

In Martinique the products concerned are some plastic pellets (product 3907 61 00) and cold rooms (product 8418 69 00).

(9)

In Guadeloupe the products concerned are some meats (product 0210 12 19), some sauces (product 2103 90 90), denatured ethyl alcohol (product 2207 20 00), some fertilisers (products 2833, 2834 and 2836), some cosmetics (products 3303 00 90 and 3304 99 00), some cooling liquids (product 3820 00 00) and paper and paperboard boxes and cases (product 4819 10 00).

(10)

In Réunion the products concerned are some printed products (product 4911 99), some hygiene products (products 4818 20 10 and 4818 20 91), some spare parts for vehicles (products 8511 40 00, 8511 50 00 and 8511 90 00), some ventilation ducts and their accessories (products 7306 30 80, 7306 61 92 and 7307 99 80), solar water heaters (product 8419 90 85), some fertilisers (product 3102 10 90) and some tomato purées (product 2002 90 11).

(11)

In the agricultural sector, requests for inclusion or reclassification on lists are motivated by the need for local producers to diversify their production in order better to cope with the vagaries of the weather. The products which should be entered on the lists in the Annex to Decision No 940/2014/EU for Martinique are certain vegetables (products 0709 30 00, 0709 40 00, 0709 93 90 and 0714) and avocados (product 0804 40 00), for Guadeloupe pineapples (product 0804 30) and peppers (product 0904 22 00) and for Réunion onions (product 0703 10 19) and garlic (product 0703 20 00). In addition, for Martinique, some vegetables (product 0706), some peppers (product 0709 60), pineapples (product 0804 30) and citrus fruits (product 0805) should be reclassified on list B.

(12)

For certain products already entered on the lists in the Annex to Decision No 940/2014/EU the maximum differential concerned should either be extended to subheadings of the Combined Nomenclature to which it does not apply at present, or increased.

(13)

In Martinique yoghurts (product 0403 10) and some plastic construction products (product 3925) should be reclassified from list B to list C, while frozen vegetables (product 0710), prefabricated buildings (product 9406), some items of jewellery (products 7113 and 7117) and solar water heaters (product 8419 19) should be reclassified from list A to list B.

(14)

In Guadeloupe, all prepared or preserved meat (product 1602) and not just products under heading 1602 41 10, all prepared or preserved fish (product 1604 20) and not just prepared or preserved salmon (product 1604 20 10) and, with regard to fertilisers, products under headings 3102, 3103, 3104 and 3105, and not just subheadings 3102 90, 3103 90, 3104 20 and 3105 20, should be entered on list B. Yoghurts (product 0403 10), some non-alcoholic beverages (products 2202 10 00 and 2202 99 19) and some building materials (products 3925 10 00 and 3925 90 80) should also be reclassified from list B to list C.

(15)

In the agri-food industry in Réunion, sugar (product 1701), canned tomatoes (product 2002 10) and some coatings (product 3214 10 90) should be reclassified from list A to list C, some canned dried vegetables (products 2005 51 00 and 2005 99 80), some paints (products 3208 and 3209), polyethylene films and bags (products 3920 10 and 3923 21), and some boxes and cartons (product 4819 20 00) should be reclassified from list B to list C, and some fruit purées (product 2007 99 50) should be reclassified from list A to list B.

(16)

In Martinique, an error concerning the tariff heading entered on the list in the Annex to Decision No 940/2014/EU should be corrected and heading 2204 29 should be replaced by heading 2204 21.

(17)

Products for which local production did not exist in 2014 but for which it has since started or for which there are specific plans to commence operations in the near future should be entered on the lists of products eligible for differentiated taxation. In French Guiana, the products in question are derived from screen printing activities such as printed jackets (product 6110 30 91), printed baby accessories (product 6111 20 90), printed raincoats (product 6201 19 00), printed dresses (product 6204 42 00), printed household linen (product 6302 91 00), printed caps (product 6505 00 30), printed mugs (product 6912 00) and ‘energy wood’ (product 4401 12 00). In Guadeloupe, the products concerned are some beers (product 2203), some waters not containing sugar (product 2201 10 90) and some filtering or purifying machinery (product 8421 21 00). In Réunion, the products in question are certain hygiene products (product 4818 90 10).

(18)

Decision No 940/2014/EU should therefore be amended accordingly,

(1)

Directive 94/62/EC, as amended by Directive (EU) 2018/852 of the European Parliament and of the Council (2) lays down general calculation rules for the attainment of the packaging waste recycling targets for 2025 and 2030. It requires Member States to report to the Commission data on the implementation of the recycling targets for each calendar year in accordance with a format established by the Commission.

(2)

Commission Decision 2005/270/EC (3) should be amended to bring its provisions in line with the new rules in Directive 94/62/EC as regards the calculation of the attainment of the targets, laid down in Article 5(2) regarding the possibility to take account of reusable sales packaging, in Article 5(3) regarding wooden packaging repaired for reuse and in Article 6a, as well as the changes to Article 12 on reporting.

(3)

The calculation rules for the attainment of the packaging and packaging waste targets for 2025 and 2030 established in Article 6a(1) and (2) of Directive 94/62/EC clarify that only waste that enters a recycling operation or waste that has achieved end of waste status should be used for the calculation of the recycling target and, as a general rule, the measurement of waste should be at the input to the recycling operation. In order to ensure uniform application of the calculation rules and comparability of data, the calculation points for the main packaging materials and recycling operations should be specified.

(4)

With a view to ensuring harmonised reporting on metals separated after incineration of packaging waste and high quality recycling, it is necessary to establish a common methodology for the calculation of the amount of those metals. The methodology should take account only of the metal content of the materials that are separated from incineration bottom ash in order to be recycled into metals, and should ensure that only metals originating from the incineration of packaging waste are taken into account.

(5)

According to Article 6a(3) and (8) of Directive 94/62/EC the data calculated and reported must be underpinned by an effective system of quality control and traceability of packaging waste material streams. To that end, Member States should take measures to ensure high reliability and accuracy of the data gathered on generated and recycled packaging waste, in particular by collecting data directly from economic operators and by using electronic registries as referred to in Article 35(4) of Directive 2008/98/EC of the European Parliament and of the Council (4) and technical specifications applied to sorted waste.

(6)

The formats to be used by the Member States for reporting data in accordance with Article 12(3a) of Directive 94/62/EC should take account of the rules regarding the reporting on the recycling targets for packaging and on reusable packaging laid down in Directive 94/62/EC.

(7)

The formats for reporting on reusable packaging should take into account the information on reusable packaging placed on the market for the first time and on the number of rotations that packaging performs per year, which is essential to determine the share of reusable packaging compared to single use packaging. As reusable sales packaging may be taken into account in the context of the recycling targets, it is also appropriate to distinguish between reusable sales packaging and other reusable packaging.

(8)

The measures provided for in this Decision are in accordance with the opinion of the Committee established pursuant to Article 21 of Directive 94/62/EC,

(1)

Article 1 is replaced by the following:

(2)

Article 2 is amended as follows:

(3)

Article 3 is amended as follows:

(4)

Article 4 is amended as follows:

(5)

Article 5 is amended as follows:

(6)

Article 6 is replaced by the following:

(7)

the following Articles 6a to 6f are inserted:

(8)

Articles 7 and 8 are deleted;

(9)

Article 9 is amended as follows:

(10)

the Annex is amended as set out in the Annex to this Decision.

(1)

Commission Implementing Decision 2014/709/EU (4) lays down animal health control measures in relation to African swine fever in certain Member States, where there have been confirmed cases of that disease in domestic or feral pigs (the Member States concerned). The Annex to that Implementing Decision demarcates and lists certain areas of the Member States concerned in Parts I to IV thereof, differentiated by the level of risk based on the epidemiological situation as regards that disease. The Annex to Implementing Decision 2014/709/EU has been amended several times to take account of changes in the epidemiological situation in the Union as regards African swine fever that need to be reflected in that Annex. The Annex to Implementing Decision 2014/709/EU was last amended by Commission Implementing Decision (EU) 2019/617 (5), following instances of African swine fever in Lithuania and Poland.

(2)

Since the date of adoption of Implementing Decision (EU) 2019/617, there have been further instances of African swine fever in domestic pigs in Romania that also need to be reflected in the Annex to Implementing Decision 2014/709/EU.

(3)

In April 2019, an outbreak of African swine fever in domestic pigs was observed in the county of Argeș in Romania in an area currently listed in Part I of the Annex to Implementing Decision 2014/709/EU. This outbreak of African swine fever in domestic pigs constitutes an increased level of risk which should be reflected in that Annex. Accordingly, this area of Romania affected by African swine fever should be listed in Part III of the Annex to Implementing Decision 2014/709/EU instead of in Part I thereof.

(4)

In order to take account of recent developments in the epidemiological evolution of African swine fever in the Union, and in order to combat the risks associated with the spread of that disease in a proactive manner, a new high-risk area of a sufficient size should be demarcated for Romania and duly listed in Part III of the Annex to Implementing Decision 2014/709/EU. The Annex to Implementing Decision 2014/709/EU should therefore be amended accordingly.

(5)

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