# Official Journal L 210/2023

| | ISSN 1977-0677 |
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| Official Journal
  of the European Union | L 210 |
| | |
| English edition | Legislation | Volume 6625 August 2023 |

ISSN 1977-0677

Official Journal

of the European Union

L 210

English edition

Legislation

Volume 6625 August 2023

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Delegated Regulation (EU) 2023/1656 of 16 June 2023 amending Regulation (EU) No 649/2012 of the European Parliament and of the Council as regards the listing of pesticides and industrial chemicals (
  1
  ) | 1 |
| | * | Commission Regulation (EU) 2023/1657 of 21 August 2023 establishing a fisheries closure for cod in Norwegian waters of 1 and 2 for vessels flying the flag of Spain | 11 |
| | * | Commission Regulation (EU) 2023/1658 of 21 August 2023 establishing a fisheries closure for undulate ray in Union waters of 9 for vessels flying the flag of Spain | 14 |
| | * | Commission Regulation (EU) 2023/1659 of 21 August 2023 establishing a fisheries closure for Blue marlin in the Atlantic ocean for vessels flying the flag of Portugal | 17 |
| | * | Commission Regulation (EU) 2023/1660 of 21 August 2023 establishing a fisheries closure for undulate ray in Union waters of 8 for vessels flying the flag of Spain | 20 |
| | * | Commission Implementing Regulation (EU) 2023/1661 of 24 August 2023 operating deductions from fishing quotas available for certain stocks in 2023 on account of overfishing in the previous years | 23 |
| | | DECISIONS |
| | * | Commission Implementing Decision (EU) 2023/1662 of 16 August 2023 on the request for registration, pursuant to Regulation (EU) 2019/788 of the European Parliament and of the Council, of the European citizens’ initiative entitled Preservation and development of Ukrainian culture, education, language, and traditions in EU states | 30 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Delegated Regulation (EU) 2023/1656 of 16 June 2023 amending Regulation (EU) No 649/2012 of the European Parliament and of the Council as regards the listing of pesticides and industrial chemicals (
  1
  )

1

1

*

Commission Regulation (EU) 2023/1657 of 21 August 2023 establishing a fisheries closure for cod in Norwegian waters of 1 and 2 for vessels flying the flag of Spain

11

*

Commission Regulation (EU) 2023/1658 of 21 August 2023 establishing a fisheries closure for undulate ray in Union waters of 9 for vessels flying the flag of Spain

14

*

Commission Regulation (EU) 2023/1659 of 21 August 2023 establishing a fisheries closure for Blue marlin in the Atlantic ocean for vessels flying the flag of Portugal

17

*

Commission Regulation (EU) 2023/1660 of 21 August 2023 establishing a fisheries closure for undulate ray in Union waters of 8 for vessels flying the flag of Spain

20

*

Commission Implementing Regulation (EU) 2023/1661 of 24 August 2023 operating deductions from fishing quotas available for certain stocks in 2023 on account of overfishing in the previous years

23

DECISIONS

*

Commission Implementing Decision (EU) 2023/1662 of 16 August 2023 on the request for registration, pursuant to Regulation (EU) 2019/788 of the European Parliament and of the Council, of the European citizens’ initiative entitled Preservation and development of Ukrainian culture, education, language, and traditions in EU states

30

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| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

REGULATIONS

| 25.8.2023 | EN | Official Journal of the European Union | L 210/1 |
| --- | --- | --- | --- |

25.8.2023

EN

Official Journal of the European Union

L 210/1

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COMMISSION DELEGATED REGULATION (EU) 2023/1656

of 16 June 2023

amending Regulation (EU) No 649/2012 of the European Parliament and of the Council as regards the listing of pesticides and industrial chemicals

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (1), and in particular Article 23(4), point (a), thereof,

Whereas:

| (1) | Regulation (EU) No 649/2012 implements the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (2) (‘the Rotterdam Convention’). |
| --- | --- |

(1)

Regulation (EU) No 649/2012 implements the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (2) (‘the Rotterdam Convention’).

| (2) | By Implementing Regulations (EU) 2021/1379 (3) and (EU) 2022/94 (4), the Commission decided not to renew the approval of the substances famoxadone and phosmet, respectively, as active substances under Regulation (EC) No 1107/2009 of the European Parliament and of the Council (5). The effect of that decision is that famoxadone and phosmet are banned from all use in the category ‘pesticides’, due to the fact that they have not been approved for any other use in that category. Therefore, famoxadone and phosmet should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012. |
| --- | --- |

(2)

By Implementing Regulations (EU) 2021/1379 (3) and (EU) 2022/94 (4), the Commission decided not to renew the approval of the substances famoxadone and phosmet, respectively, as active substances under Regulation (EC) No 1107/2009 of the European Parliament and of the Council (5). The effect of that decision is that famoxadone and phosmet are banned from all use in the category ‘pesticides’, due to the fact that they have not been approved for any other use in that category. Therefore, famoxadone and phosmet should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

| (3) | By Implementing Regulation (EU) 2021/2081 (6), the Commission decided not to renew the approval of the substance indoxacarb as an active substance under Regulation (EC) No 1107/2009. That decision amounts to a severe restriction of the use of that substance at the level of the category ‘pesticides’, considering that indoxacarb is only approved for use in biocidal products under Regulation (EU) No 528/2012 of the European Parliament and of the Council (7) for product-type 18 in the subcategory ‘other pesticide including biocides’. Therefore, indoxacarb should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012. |
| --- | --- |

(3)

By Implementing Regulation (EU) 2021/2081 (6), the Commission decided not to renew the approval of the substance indoxacarb as an active substance under Regulation (EC) No 1107/2009. That decision amounts to a severe restriction of the use of that substance at the level of the category ‘pesticides’, considering that indoxacarb is only approved for use in biocidal products under Regulation (EU) No 528/2012 of the European Parliament and of the Council (7) for product-type 18 in the subcategory ‘other pesticide including biocides’. Therefore, indoxacarb should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

| (4) | By Implementing Regulation (EU) 2021/795 (8) the Commission decided to withdraw the approval of the substance alpha-cypermethrin as an active substance under Regulation (EC) No 1107/2009. The effect of that decision is that alpha-cypermethrin is banned from use in the subcategory ‘pesticide in the group of plant protection products’. In addition, the harmonised classification of alpha-cypermethrin under Regulation (EC) No 1272/2008 of the European Parliament and of the Council (9) is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, alpha-cypermethrin should be added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012. |
| --- | --- |

(4)

By Implementing Regulation (EU) 2021/795 (8) the Commission decided to withdraw the approval of the substance alpha-cypermethrin as an active substance under Regulation (EC) No 1107/2009. The effect of that decision is that alpha-cypermethrin is banned from use in the subcategory ‘pesticide in the group of plant protection products’. In addition, the harmonised classification of alpha-cypermethrin under Regulation (EC) No 1272/2008 of the European Parliament and of the Council (9) is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, alpha-cypermethrin should be added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012.

| (5) | The active substance bromadiolone has been withdrawn by industry from the approval process under Regulation (EC) No 1107/2009. The effect of that withdrawal is that bromadiolone is banned from use in the subcategory ‘pesticide in the group of plant protection products’. In addition, the harmonised classification of bromadiolone under Regulation (EC) No 1272/2008 is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, bromadiolone should be added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012. |
| --- | --- |

(5)

The active substance bromadiolone has been withdrawn by industry from the approval process under Regulation (EC) No 1107/2009. The effect of that withdrawal is that bromadiolone is banned from use in the subcategory ‘pesticide in the group of plant protection products’. In addition, the harmonised classification of bromadiolone under Regulation (EC) No 1272/2008 is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, bromadiolone should be added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012.

| (6) | The active substance metam-sodium has been withdrawn by industry from the approval process under Regulation (EU) No 528/2012. The effect of that withdrawal is that metam-sodium is banned from all use in the subcategory ‘other pesticide including biocides’. In addition, the harmonised classification of that substance under Regulation (EC) No 1272/2008 is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, metam-sodium should be added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012. |
| --- | --- |

(6)

The active substance metam-sodium has been withdrawn by industry from the approval process under Regulation (EU) No 528/2012. The effect of that withdrawal is that metam-sodium is banned from all use in the subcategory ‘other pesticide including biocides’. In addition, the harmonised classification of that substance under Regulation (EC) No 1272/2008 is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, metam-sodium should be added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012.

| (7) | By Implementing Regulation (EU) 2022/782 (10) the Commission decided to withdraw the approval of the substance isopyrazam as an active substance under Regulation (EC) No 1107/2009. The effect of that decision is that isopyrazam is banned from all use in the category ‘pesticides’, due to the fact that it has not been approved for any other use in that category. Therefore, isopyrazam should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012. |
| --- | --- |

(7)

By Implementing Regulation (EU) 2022/782 (10) the Commission decided to withdraw the approval of the substance isopyrazam as an active substance under Regulation (EC) No 1107/2009. The effect of that decision is that isopyrazam is banned from all use in the category ‘pesticides’, due to the fact that it has not been approved for any other use in that category. Therefore, isopyrazam should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

| (8) | The active substance diuron has been withdrawn by industry from the approval process under Regulation (EC) No 1107/2009. The effect of that withdrawal is that the use of diuron is severely restricted at the level of the category ‘pesticides’, considering that diuron is only allowed to be used in biocidal products under Regulation (EU) No 528/2012 for product-types 7 and 10 in the subcategory ‘other pesticide including biocides’. In addition, the harmonised classification of diuron under Regulation (EC) No 1272/2008 is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, diuron should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012. |
| --- | --- |

(8)

The active substance diuron has been withdrawn by industry from the approval process under Regulation (EC) No 1107/2009. The effect of that withdrawal is that the use of diuron is severely restricted at the level of the category ‘pesticides’, considering that diuron is only allowed to be used in biocidal products under Regulation (EU) No 528/2012 for product-types 7 and 10 in the subcategory ‘other pesticide including biocides’. In addition, the harmonised classification of diuron under Regulation (EC) No 1272/2008 is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, diuron should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

| (9) | The active substances azimsulfuron, carbetamide, carboxin, cyproconazole, ethametsulfuron-methyl, etridiazole, fenbuconazole, fluquinconazole, lufenuron, metosulam, myclobutanil, pencycuron, prochloraz, profoxydim, spirodiclofen and triflumizole have been withdrawn by industry from the approval process under Regulation (EC) No 1107/2009. The effect of that withdrawal is that those substances are banned from all use in the category ‘pesticides’, due to the fact that they have not been approved for any other use in that category. In addition, the harmonised classification of those substances under Regulation (EC) No 1272/2008 is sufficient evidence that the substances raise concerns for human health or the environment. Therefore, those substances should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012. |
| --- | --- |

(9)

The active substances azimsulfuron, carbetamide, carboxin, cyproconazole, ethametsulfuron-methyl, etridiazole, fenbuconazole, fluquinconazole, lufenuron, metosulam, myclobutanil, pencycuron, prochloraz, profoxydim, spirodiclofen and triflumizole have been withdrawn by industry from the approval process under Regulation (EC) No 1107/2009. The effect of that withdrawal is that those substances are banned from all use in the category ‘pesticides’, due to the fact that they have not been approved for any other use in that category. In addition, the harmonised classification of those substances under Regulation (EC) No 1272/2008 is sufficient evidence that the substances raise concerns for human health or the environment. Therefore, those substances should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

| (10) | By Implementing Decisions (EU) 2018/622 (11), (EU) 2020/1765 (12) and (EU) 2021/98 (13), the Commission decided not to approve the substances chlorophene and esbiothrin as active substances under Regulation (EU) No 528/2012. The effect of that decision is that chlorophene and esbiothrin are banned from all use in the category ‘pesticides’, due to the fact that the substances have not been approved for any other use in that category. Therefore, chlorophene and esbiothrin should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012. |
| --- | --- |

(10)

By Implementing Decisions (EU) 2018/622 (11), (EU) 2020/1765 (12) and (EU) 2021/98 (13), the Commission decided not to approve the substances chlorophene and esbiothrin as active substances under Regulation (EU) No 528/2012. The effect of that decision is that chlorophene and esbiothrin are banned from all use in the category ‘pesticides’, due to the fact that the substances have not been approved for any other use in that category. Therefore, chlorophene and esbiothrin should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

| (11) | The active substance fenoxycarb has been withdrawn by industry from the approval processes under Regulation (EC) No 1107/2009 and under Regulation (EU) No 528/2012. The effect of those withdrawals is that fenoxycarb is banned from use in the category ‘pesticides’. In addition, the harmonised classification of fenoxycarb under Regulation (EC) No 1272/2008 is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, fenoxycarb should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012. |
| --- | --- |

(11)

The active substance fenoxycarb has been withdrawn by industry from the approval processes under Regulation (EC) No 1107/2009 and under Regulation (EU) No 528/2012. The effect of those withdrawals is that fenoxycarb is banned from use in the category ‘pesticides’. In addition, the harmonised classification of fenoxycarb under Regulation (EC) No 1272/2008 is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, fenoxycarb should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

| (12) | By Commission Delegated Regulation (EU) 2018/172 (14), the substance triflumuron has been added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012, based on a ban in the subcategory ‘other pesticide including biocides’. In addition, the active substance triflumuron has been withdrawn by industry from the approval process under Regulation (EC) No 1107/2009 and the conclusions of the risk assessment under Regulation (EU) No 528/2012 constitute sufficient evidence that the substance raises concerns for human health or the environment, which amounts to a ban in the subcategory ‘pesticide in the group of plant protection products’. Consequently, triflumuron is banned from all use in the category ‘pesticides’ and should be added to the list of chemicals set out in Part 2 of Annex I to Regulation (EU) No 649/2012. |
| --- | --- |

(12)

By Commission Delegated Regulation (EU) 2018/172 (14), the substance triflumuron has been added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012, based on a ban in the subcategory ‘other pesticide including biocides’. In addition, the active substance triflumuron has been withdrawn by industry from the approval process under Regulation (EC) No 1107/2009 and the conclusions of the risk assessment under Regulation (EU) No 528/2012 constitute sufficient evidence that the substance raises concerns for human health or the environment, which amounts to a ban in the subcategory ‘pesticide in the group of plant protection products’. Consequently, triflumuron is banned from all use in the category ‘pesticides’ and should be added to the list of chemicals set out in Part 2 of Annex I to Regulation (EU) No 649/2012.

| (13) | By Commission Delegated Regulation (EU) No 1078/2014 (15), the substance cyfluthrin has been added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012, based on a ban in the subcategory ‘pesticide in the group of plant protection products’. That ban amounts to a severe restriction of the use of that substance at the level of the category ‘pesticides’, considering that cyfluthrin is only approved for use in biocidal products under Regulation (EU) No 528/2012 for product-type 18 in the subcategory ‘other pesticide including biocides’. Therefore, cyfluthrin should be added to the list of chemicals set out in Part 2 of Annex I to Regulation (EU) No 649/2012. |
| --- | --- |

(13)

By Commission Delegated Regulation (EU) No 1078/2014 (15), the substance cyfluthrin has been added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012, based on a ban in the subcategory ‘pesticide in the group of plant protection products’. That ban amounts to a severe restriction of the use of that substance at the level of the category ‘pesticides’, considering that cyfluthrin is only approved for use in biocidal products under Regulation (EU) No 528/2012 for product-type 18 in the subcategory ‘other pesticide including biocides’. Therefore, cyfluthrin should be added to the list of chemicals set out in Part 2 of Annex I to Regulation (EU) No 649/2012.

| (14) | The substances chlorfenvinphos and terbufos are not approved as active substances under Regulation (EC) No 1107/2009 and those substances are not approved as active substances under Regulation (EU) No 528/2012. Consequently, chlorfenvinphos and terbufos are banned from all use in the category ‘pesticides’ and should be listed in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012. Since chlorfenvinphos and terbufos are already listed in Part 1 they should be added to the list of chemicals set out in Part 2 of Annex I to Regulation (EU) No 649/2012. |
| --- | --- |

(14)

The substances chlorfenvinphos and terbufos are not approved as active substances under Regulation (EC) No 1107/2009 and those substances are not approved as active substances under Regulation (EU) No 528/2012. Consequently, chlorfenvinphos and terbufos are banned from all use in the category ‘pesticides’ and should be listed in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012. Since chlorfenvinphos and terbufos are already listed in Part 1 they should be added to the list of chemicals set out in Part 2 of Annex I to Regulation (EU) No 649/2012.

| (15) | The substances 1-bromopropane, diisopentyl phthalate, 1,2-benzenedicarboxylic acid, di-C6-8-branched alkyl esters, C7 rich, 1,2-benzenedicarboxylic acid, di-C7-11-branched and linear alkyl esters, 1,2-benzenedicarboxylic acid, dipentylester, branched and linear, bis(2-methoxyethyl) phthalate, dipentyl phthalate and n-pentyl-isopentyl phthalate are listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council (16) since they have been previously identified as substances of very high concern. Consequently, those substances are subject to authorisation in accordance with Title VII of Regulation (EC) No 1907/2006. Since no authorisations have been granted, those substances are severely restricted for industrial use. Therefore, those substances should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012. |
| --- | --- |

(15)

The substances 1-bromopropane, diisopentyl phthalate, 1,2-benzenedicarboxylic acid, di-C6-8-branched alkyl esters, C7 rich, 1,2-benzenedicarboxylic acid, di-C7-11-branched and linear alkyl esters, 1,2-benzenedicarboxylic acid, dipentylester, branched and linear, bis(2-methoxyethyl) phthalate, dipentyl phthalate and n-pentyl-isopentyl phthalate are listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council (16) since they have been previously identified as substances of very high concern. Consequently, those substances are subject to authorisation in accordance with Title VII of Regulation (EC) No 1907/2006. Since no authorisations have been granted, those substances are severely restricted for industrial use. Therefore, those substances should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

| (16) | At its tenth meeting held from 6 to 17 June 2022, the Conference of the Parties to the Rotterdam Convention decided to include decabromodiphenyl ether and perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in Annex III to that Convention, with the effect that those chemicals became subject to the prior informed consent procedure under that Convention. Consequently, those chemicals should be added to the list of chemicals set out in Part 3 of Annex I to Regulation (EU) No 649/2012. Since decabromodiphenyl ether and perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds are already listed in Part 2 of Annex I to that Regulation, those chemicals should be removed from the list of chemicals set out in Part 2 of Annex I to Regulation (EU) No 649/2012. |
| --- | --- |

(16)

At its tenth meeting held from 6 to 17 June 2022, the Conference of the Parties to the Rotterdam Convention decided to include decabromodiphenyl ether and perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in Annex III to that Convention, with the effect that those chemicals became subject to the prior informed consent procedure under that Convention. Consequently, those chemicals should be added to the list of chemicals set out in Part 3 of Annex I to Regulation (EU) No 649/2012. Since decabromodiphenyl ether and perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds are already listed in Part 2 of Annex I to that Regulation, those chemicals should be removed from the list of chemicals set out in Part 2 of Annex I to Regulation (EU) No 649/2012.

| (17) | The entries for bromoxynil, epoxiconazole and nonylphenol ethoxylates included in the lists of chemicals set out in Parts 1 and 2 of Annex I should be amended by clarifying the scope or adding additional numerical identifiers in order to facilitate implementation of Regulation (EU) No 649/2012. |
| --- | --- |

(17)

The entries for bromoxynil, epoxiconazole and nonylphenol ethoxylates included in the lists of chemicals set out in Parts 1 and 2 of Annex I should be amended by clarifying the scope or adding additional numerical identifiers in order to facilitate implementation of Regulation (EU) No 649/2012.

| (18) | Regulation (EU) No 649/2012 should therefore be amended accordingly. |
| --- | --- |

(18)

Regulation (EU) No 649/2012 should therefore be amended accordingly.

| (19) | It is appropriate to provide for a reasonable period of time for interested parties to take the measures necessary to comply with this Regulation and for Member States to take the measures necessary for its implementation, |
| --- | --- |

(19)

It is appropriate to provide for a reasonable period of time for interested parties to take the measures necessary to comply with this Regulation and for Member States to take the measures necessary for its implementation,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EU) No 649/2012 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 November 2023.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 June 2023.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  
  OJ L 201, 27.7.2012, p. 60.

1

(2)  
  OJ L 63, 6.3.2003, p. 29.

2

(3)  Commission Implementing Regulation (EU) 2021/1379 of 19 August 2021 concerning the non-renewal of approval of the active substance famoxadone, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011 (OJ L 297, 20.8.2021, p. 32).

3

(4)  Commission Implementing Regulation (EU) 2022/94 of 24 January 2022 concerning the non-renewal of the approval of the active substance phosmet, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ L 16, 25.1.2022, p. 33).

4

(5)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

5

(6)  Commission Implementing Regulation (EU) 2021/2081 of 26 November 2021 concerning the non-renewal of approval of the active substance indoxacarb, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011 (OJ L 426, 29.11.2021, p. 28).

6

(7)  Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).

7

(8)  Commission Implementing Regulation (EU) 2021/795 of 17 May 2021 withdrawing the approval of the active substance alpha-cypermethrin in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011 (OJ L 174, 18.5.2021, p. 2).

8

(9)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).

9

(10)  Commission Implementing Regulation (EU) 2022/782 of 18 May 2022 withdrawing the approval of the active substance isopyrazam in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, amending Commission Implementing Regulation (EU) No 540/2011 and repealing Implementing Regulation (EU) No 1037/2012 (OJ L 140, 19.5.2022, p. 3).

10

(11)  Commission Implementing Decision (EU) 2018/622 of 20 April 2018 not approving chlorophene as an existing active substance for use in biocidal products of product-type 3 (OJ L 102, 23.4.2018, p. 80).

11

(12)  Commission Implementing Decision (EU) 2020/1765 of 25 November 2020 not approving chlorophene as an existing active substance for use in biocidal products of product-type 2 (OJ L 397, 26.11.2020, p. 24).

12

(13)  Commission Implementing Decision (EU) 2021/98 of 28 January 2021 not approving esbiothrin as an existing active substance for use in biocidal products of product-type 18 (OJ L 31, 29.1.2021, p. 214).

13

(14)  Commission Delegated Regulation (EU) 2018/172 of 28 November 2017 amending Annexes I and V to Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals (OJ L 32, 6.2.2018, p. 6).

14

(15)  Commission Delegated Regulation (EU) No 1078/2014 of 7 August 2014 amending Annex I to Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals (OJ L 297, 15.10.2014, p. 1).

15

(16)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

16

---

ANNEX

Annex I to Regulation (EU) No 649/2012 is amended as follows:

| (1) | in Part 1, in the table, the following entries are added:











  Chemical | CAS No | EC No | CN code(***) | Subcategory (*) | Use limitation (**) | Countries for which no notification is required |
| --- | --- | --- | --- | --- | --- | --- | --- |
| ‘1-bromopropane (n-propyl bromide) (+) | 106-94-5 | 203-445-0 | ex 2903 69 19 | i(1)-i(2) | sr-b | |
| 1,2-Benzenedicarboxylic acid, di-C6-8-branched alkyl esters, C7-rich (+) | 71888-89-6 | 276-158-1 | ex 2917 34 00 | i(1)-i(2) | sr-b | |
| 1,2-Benzenedicarboxylic acid, di-C7-11-branched and linear alkyl esters (+) | 68515-42-4 | 271-084-6 | ex 2917 34 00 | i(1)-i(2) | sr-b | |
| 1,2-Benzenedicarboxylic acid, dipentyl ester, branched and linear (+) | 84777-06-0 | 284-032-2 | ex 2917 34 00 | i(1)-i(2) | sr-b | |
| Alpha-cypermethrin | 67375-30-8 | | ex 2926 90 70 | p(1) | b | |
| Azimsulfuron (+) | 120162-55-2 | | ex 2935 90 90 | p(1) | b | |
| Bis(2-methoxyethyl) phthalate (+) | 117-82-8 | 204-212-6 | ex 2917 34 00 | i(1)-i(2) | sr-b | |
| Bromadiolone | 28772-56-7 | 249-205-9 | ex 2932 20 90 | p(1) | b | |
| Carbetamide (+) | 16118-49-3 | 240-286-6 | ex 2924 29 70 | p(1) | b | |
| Carboxin (+) | 5234-68-4 | 226-031-1 | ex 2934 99 90 | p(1) | b | |
| Chlorophene (+) | 120-32-1 | 204-385-8 | ex 2908 19 00 | p(2) | b | |
| Cyproconazole (+) | 94361-06-5 | | ex 2933 99 80 | p(1) | b | |
| Diisopentyl phthalate (+) | 605-50-5 | 210-088-4 | ex 2917 34 00 | i(1)-i(2) | sr-b | |
| Dipentyl phthalate (+) | 131-18-0 | 205-017-9 | ex 2917 34 00 | i(1)-i(2) | sr-b | |
| Diuron (+) | 330-54-1 | 206-354-4 | ex 2924 21 00 | p(1) | b | |
| Esbiothrin (+) | 260359-57-7 | | ex 2916 20 00 | p(2) | b | |
| Ethametsulfuron-methyl (+) | 97780-06-8 | | ex 2935 90 90 | p(1) | b | |
| Etridiazole (+) | 2593-15-9 | 219-991-8 | ex 2934 99 90 | p(1) | b | |
| Famoxadone (+) | 131807-57-3 | | ex 2934 99 90 | p(1) | b | |
| Fenbuconazole (+) | 114369-43-6 | 406-140-2 | ex 2933 99 80 | p(1) | b | |
| Fenoxycarb (+) | 72490-01-8 | 276-696-7 | ex 2924 29 70 | p(1)-p(2) | b-b | |
| Fluquinconazole (+) | 136426-54-5 | 411-960-9 | ex 2933 59 95 | p(1) | b | |
| Indoxacarb (+) | 173584-44-6
  144171-61-9 | | ex 2934 99 90 | p(1) | b | |
| Isopyrazam (+) | 881685-58-1 | | ex 2933 19 90 | p(1) | b | |
| Lufenuron (+) | 103055-07-8 | 410-690-9 | ex 2924 21 00 | p(1) | b | |
| Metam-sodium | 137-42-8 | 205-293-0 | ex 2930 20 00 | p(2) | b | |
| Metosulam (+) | 139528-85-1 | 410-240-1 | ex 2935 90 30 | p(1) | b | |
| Myclobutanil (+) | 88671-89-0 | 410-400-0 | ex 2933 99 80 | p(1) | b | |
| n-pentyl-isopentyl phthalate (+) | 776297-69-9 | | ex 2917 34 00 | i(1)-i(2) | sr-b | |
| Pencycuron (+) | 66063-05-6 | 266-096-3 | ex 2924 21 00 | p(1) | b | |
| Phosmet (+) | 732-11-6 | 211-987-4 | ex 2930 90 98 | p(1) | b | |
| Prochloraz (+) | 67747-09-5 | 266-994-5 | ex 2933 29 90 | p(1) | b | |
| Profoxydim (+) | 139001-49-3 | | ex 2934 99 90 | p(1) | b | |
| Spirodiclofen (+) | 148477-71-8 | | ex 2932 20 90 | p(1) | b | |
| Triflumizole (+) | 68694-11-1 | | ex 2933 29 90 | p(1) | b’ | |

(1)

in Part 1, in the table, the following entries are added:

Chemical

CAS No

EC No

CN code(***)

Subcategory (*)

Use limitation (**)

Countries for which no notification is required

‘1-bromopropane (n-propyl bromide) (+)

106-94-5

203-445-0

ex 2903 69 19

i(1)-i(2)

sr-b

1,2-Benzenedicarboxylic acid, di-C6-8-branched alkyl esters, C7-rich (+)

71888-89-6

276-158-1

ex 2917 34 00

i(1)-i(2)

sr-b

1,2-Benzenedicarboxylic acid, di-C7-11-branched and linear alkyl esters (+)

68515-42-4

271-084-6

ex 2917 34 00

i(1)-i(2)

sr-b

1,2-Benzenedicarboxylic acid, dipentyl ester, branched and linear (+)

84777-06-0

284-032-2

ex 2917 34 00

i(1)-i(2)

sr-b

Alpha-cypermethrin

67375-30-8

ex 2926 90 70

p(1)

b

Azimsulfuron (+)

120162-55-2

ex 2935 90 90

p(1)

b

Bis(2-methoxyethyl) phthalate (+)

117-82-8

204-212-6

ex 2917 34 00

i(1)-i(2)

sr-b

Bromadiolone

28772-56-7

249-205-9

ex 2932 20 90

p(1)

b

Carbetamide (+)

16118-49-3

240-286-6

ex 2924 29 70

p(1)

b

Carboxin (+)

5234-68-4

226-031-1

ex 2934 99 90

p(1)

b

Chlorophene (+)

120-32-1

204-385-8

ex 2908 19 00

p(2)

b

Cyproconazole (+)

94361-06-5

ex 2933 99 80

p(1)

b

Diisopentyl phthalate (+)

605-50-5

210-088-4

ex 2917 34 00

i(1)-i(2)

sr-b

Dipentyl phthalate (+)

131-18-0

205-017-9

ex 2917 34 00

i(1)-i(2)

sr-b

Diuron (+)

330-54-1

206-354-4

ex 2924 21 00

p(1)

b

Esbiothrin (+)

260359-57-7

ex 2916 20 00

p(2)

b

Ethametsulfuron-methyl (+)

97780-06-8

ex 2935 90 90

p(1)

b

Etridiazole (+)

2593-15-9

219-991-8

ex 2934 99 90

p(1)

b

Famoxadone (+)

131807-57-3

ex 2934 99 90

p(1)

b

Fenbuconazole (+)

114369-43-6

406-140-2

ex 2933 99 80

p(1)

b

Fenoxycarb (+)

72490-01-8

276-696-7

ex 2924 29 70

p(1)-p(2)

b-b

Fluquinconazole (+)

136426-54-5

411-960-9

ex 2933 59 95

p(1)

b

Indoxacarb (+)

173584-44-6

144171-61-9

ex 2934 99 90

p(1)

b

Isopyrazam (+)

881685-58-1

ex 2933 19 90

p(1)

b

Lufenuron (+)

103055-07-8

410-690-9

ex 2924 21 00

p(1)

b

Metam-sodium

137-42-8

205-293-0

ex 2930 20 00

p(2)

b

Metosulam (+)

139528-85-1

410-240-1

ex 2935 90 30

p(1)

b

Myclobutanil (+)

88671-89-0

410-400-0

ex 2933 99 80

p(1)

b

n-pentyl-isopentyl phthalate (+)

776297-69-9

ex 2917 34 00

i(1)-i(2)

sr-b

Pencycuron (+)

66063-05-6

266-096-3

ex 2924 21 00

p(1)

b

Phosmet (+)

732-11-6

211-987-4

ex 2930 90 98

p(1)

b

Prochloraz (+)

67747-09-5

266-994-5

ex 2933 29 90

p(1)

b

Profoxydim (+)

139001-49-3

ex 2934 99 90

p(1)

b

Spirodiclofen (+)

148477-71-8

ex 2932 20 90

p(1)

b

Triflumizole (+)

68694-11-1

ex 2933 29 90

p(1)

b’

| (2) | in Part 1, in the table, the entries for bis(pentabromophenyl) ether, bromoxynil, chlorfenvinphos, cyfluthrin, epoxiconazole, nonylphenol ethoxylates, perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds, terbufos and triflumuron are replaced by the following entries:











  Chemical | CAS No | EC No | CN code(***) | Subcategory (*) | Use limitation (**) | Countries for which no notification is required |
| --- | --- | --- | --- | --- | --- | --- | --- |
| ‘Bis(pentabromophenyl) ether (decabromodiphenyl ether) (#) | 1163-19-5 | 214-604-9 | ex 2909 30 38 | i(1)-i(2) | sr-b | |
| Bromoxynil and its butyryl, heptanoyl and octanoyl esters (+) | 1689-84-5
  3861-41-4
  56634-95-8
  1689-99-2 | 216-882-7
  223-374-9
  260-300-4
  216-885-3 | ex 2926 90 70 | p(1) | b | |
| Chlorfenvinphos (+) | 470-90-6 | 207-432-0 | ex 2919 90 00 | p(1)-p(2) | b-b | |
| Cyfluthrin (+) | 68359-37-5 | 269-855-7 | ex 2926 90 70 | p(1) | b | |
| Epoxiconazole (+) | 135319-73-2
  133855-98-8 | 406-850-2 | ex 2934 99 90 | p(1) | b | |
| Nonylphenol ethoxylates (C2H4O)nC15H24O (+) | 9016-45-9
  26027-38-3
  68412-54-4
  37205-87-1
  127087-87-0
  and others | 500-024-6
  500-045-0
  500-209-1
  932-337-2
  500-315-8
  and others | ex 3402 42 00
  ex 3907 29 11
  ex 3824 99 92 | i(1)-i(2)
  p(1)-p(2) | sr-sr
  b-b | |
| Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds (#) | 335-67-1
  and others | 206-397-9
  and others | ex 2915 90 70 | i(1)-i(2) | sr-b | |
| Terbufos (+) | 13071-79-9 | 235-963-8 | ex 2930 90 98 | p(1)-p(2) | b-b | |
| Triflumuron (+) | 64628-44-0 | 264-980-3 | ex 2924 21 00 | p(1)-p(2) | b-b’ | |

(2)

in Part 1, in the table, the entries for bis(pentabromophenyl) ether, bromoxynil, chlorfenvinphos, cyfluthrin, epoxiconazole, nonylphenol ethoxylates, perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds, terbufos and triflumuron are replaced by the following entries:

Chemical

CAS No

EC No

CN code(***)

Subcategory (*)

Use limitation (**)

Countries for which no notification is required

‘Bis(pentabromophenyl) ether (decabromodiphenyl ether) (#)

1163-19-5

214-604-9

ex 2909 30 38

i(1)-i(2)

sr-b

Bromoxynil and its butyryl, heptanoyl and octanoyl esters (+)

1689-84-5

3861-41-4

56634-95-8

1689-99-2

216-882-7

223-374-9

260-300-4

216-885-3

ex 2926 90 70

p(1)

b

Chlorfenvinphos (+)

470-90-6

207-432-0

ex 2919 90 00

p(1)-p(2)

b-b

Cyfluthrin (+)

68359-37-5

269-855-7

ex 2926 90 70

p(1)

b

Epoxiconazole (+)

135319-73-2

133855-98-8

406-850-2

ex 2934 99 90

p(1)

b

Nonylphenol ethoxylates (C2H4O)nC15H24O (+)

9016-45-9

26027-38-3

68412-54-4

37205-87-1

127087-87-0

and others

500-024-6

500-045-0

500-209-1

932-337-2

500-315-8

and others

ex 3402 42 00

ex 3907 29 11

ex 3824 99 92

i(1)-i(2)

p(1)-p(2)

sr-sr

b-b

Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds (#)

335-67-1

and others

206-397-9

and others

ex 2915 90 70

i(1)-i(2)

sr-b

Terbufos (+)

13071-79-9

235-963-8

ex 2930 90 98

p(1)-p(2)

b-b

Triflumuron (+)

64628-44-0

264-980-3

ex 2924 21 00

p(1)-p(2)

b-b’

| (3) | in Part 2, in the table, the following entries are added:










  Chemical | CAS No | EC No | CN code(***) | Category (*) | Use limitation (**) |
| --- | --- | --- | --- | --- | --- | --- |
| ‘1-bromopropane (n-propyl bromide) | 106-94-5 | 203-445-0 | ex 2903 69 19 | i | sr |
| 1,2-Benzenedicarboxylic acid, di-C6-8-branched alkyl esters, C7-rich | 71888-89-6 | 276-158-1 | ex 2917 34 00 | i | sr |
| 1,2-Benzenedicarboxylic acid, di-C7-11-branched and linear alkyl esters | 68515-42-4 | 271-084-6 | ex 2917 34 00 | i | sr |
| 1,2-Benzenedicarboxylic acid, dipentyl ester, branched and linear | 84777-06-0 | 284-032-2 | ex 2917 34 00 | i | sr |
| Azimsulfuron | 120162-55-2 | | ex 2935 90 90 | p | b |
| Bis(2-methoxyethyl) phthalate | 117-82-8 | 204-212-6 | ex 2917 34 00 | i | sr |
| Carbetamide | 16118-49-3 | 240-286-6 | ex 2924 29 70 | p | b |
| Carboxin | 5234-68-4 | 226-031-1 | ex 2934 99 90 | p | b |
| Chlorfenvinphos | 470-90-6 | 207-432-0 | ex 2919 90 00 | p | b |
| Chlorophene | 120-32-1 | 204-385-8 | ex 2908 19 00 | p | b |
| Cyfluthrin | 68359-37-5 | 269-855-7 | ex 2926 90 70 | p | sr |
| Cyproconazole | 94361-06-5 | | ex 2933 99 80 | p | b |
| Diisopentyl phthalate | 605-50-5 | 210-088-4 | ex 2917 34 00 | i | sr |
| Dipentyl phthalate | 131-18-0 | 205-017-9 | ex 2917 34 00 | i | sr |
| Diuron | 330-54-1 | 206-354-4 | ex 2924 21 00 | p | sr |
| Esbiothrin | 260359-57-7 | | ex 2916 20 00 | p | b |
| Ethametsulfuron-methyl | 97780-06-8 | | ex 2935 90 90 | p | b |
| Etridiazole | 2593-15-9 | 219-991-8 | ex 2934 99 90 | p | b |
| Famoxadone | 131807-57-3 | | ex 2934 99 90 | p | b |
| Fenbuconazole | 114369-43-6 | 406-140-2 | ex 2933 99 80 | p | b |
| Fenoxycarb | 72490-01-8 | 276-696-7 | ex 2924 29 70 | p | b |
| Fluquinconazole | 136426-54-5 | 411-960-9 | ex 2933 59 95 | p | b |
| Indoxacarb | 173584-44-6
  144171-61-9 | | ex 2934 99 90 | p | sr |
| Isopyrazam | 881685-58-1 | | ex 2933 19 90 | p | b |
| Lufenuron | 103055-07-8 | 410-690-9 | ex 2924 21 00 | p | b |
| Metosulam | 139528-85-1 | 410-240-1 | ex 2935 90 30 | p | b |
| Myclobutanil | 88671-89-0 | 410-400-0 | ex 2933 99 80 | p | b |
| n-pentyl-isopentyl phthalate | 776297-69-9 | | ex 2917 34 00 | i | sr |
| Pencycuron | 66063-05-6 | 266-096-3 | ex 2924 21 00 | p | b |
| Phosmet | 732-11-6 | 211-987-4 | ex 2930 90 98 | p | b |
| Prochloraz | 67747-09-5 | 266-994-5 | ex 2933 29 90 | p | b |
| Profoxydim | 139001-49-3 | | ex 2934 99 90 | p | b |
| Spirodiclofen | 148477-71-8 | | ex 2932 20 90 | p | b |
| Terbufos | 13071-79-9 | 235-963-8 | ex 2930 90 98 | p | b |
| Triflumizole | 68694-11-1 | | ex 2933 29 90 | p | b |
| Triflumuron | 64628-44-0 | 264-980-3 | ex 2924 21 00 | p | b’ |

(3)

in Part 2, in the table, the following entries are added:

Chemical

CAS No

EC No

CN code(***)

Category (*)

Use limitation (**)

‘1-bromopropane (n-propyl bromide)

106-94-5

203-445-0

ex 2903 69 19

i

sr

1,2-Benzenedicarboxylic acid, di-C6-8-branched alkyl esters, C7-rich

71888-89-6

276-158-1

ex 2917 34 00

i

sr

1,2-Benzenedicarboxylic acid, di-C7-11-branched and linear alkyl esters

68515-42-4

271-084-6

ex 2917 34 00

i

sr

1,2-Benzenedicarboxylic acid, dipentyl ester, branched and linear

84777-06-0

284-032-2

ex 2917 34 00

i

sr

Azimsulfuron

120162-55-2

ex 2935 90 90

p

b

Bis(2-methoxyethyl) phthalate

117-82-8

204-212-6

ex 2917 34 00

i

sr

Carbetamide

16118-49-3

240-286-6

ex 2924 29 70

p

b

Carboxin

5234-68-4

226-031-1

ex 2934 99 90

p

b

Chlorfenvinphos

470-90-6

207-432-0

ex 2919 90 00

p

b

Chlorophene

120-32-1

204-385-8

ex 2908 19 00

p

b

Cyfluthrin

68359-37-5

269-855-7

ex 2926 90 70

p

sr

Cyproconazole

94361-06-5

ex 2933 99 80

p

b

Diisopentyl phthalate

605-50-5

210-088-4

ex 2917 34 00

i

sr

Dipentyl phthalate

131-18-0

205-017-9

ex 2917 34 00

i

sr

Diuron

330-54-1

206-354-4

ex 2924 21 00

p

sr

Esbiothrin

260359-57-7

ex 2916 20 00

p

b

Ethametsulfuron-methyl

97780-06-8

ex 2935 90 90

p

b

Etridiazole

2593-15-9

219-991-8

ex 2934 99 90

p

b

Famoxadone

131807-57-3

ex 2934 99 90

p

b

Fenbuconazole

114369-43-6

406-140-2

ex 2933 99 80

p

b

Fenoxycarb

72490-01-8

276-696-7

ex 2924 29 70

p

b

Fluquinconazole

136426-54-5

411-960-9

ex 2933 59 95

p

b

Indoxacarb

173584-44-6

144171-61-9

ex 2934 99 90

p

sr

Isopyrazam

881685-58-1

ex 2933 19 90

p

b

Lufenuron

103055-07-8

410-690-9

ex 2924 21 00

p

b

Metosulam

139528-85-1

410-240-1

ex 2935 90 30

p

b

Myclobutanil

88671-89-0

410-400-0

ex 2933 99 80

p

b

n-pentyl-isopentyl phthalate

776297-69-9

ex 2917 34 00

i

sr

Pencycuron

66063-05-6

266-096-3

ex 2924 21 00

p

b

Phosmet

732-11-6

211-987-4

ex 2930 90 98

p

b

Prochloraz

67747-09-5

266-994-5

ex 2933 29 90

p

b

Profoxydim

139001-49-3

ex 2934 99 90

p

b

Spirodiclofen

148477-71-8

ex 2932 20 90

p

b

Terbufos

13071-79-9

235-963-8

ex 2930 90 98

p

b

Triflumizole

68694-11-1

ex 2933 29 90

p

b

Triflumuron

64628-44-0

264-980-3

ex 2924 21 00

p

b’

| (4) | in Part 2, in the table, the entries for bromoxynil, epoxiconazole and nonylphenol ethoxylates are replaced by the following entries:










  Chemical | CAS No | EC No | CN code(***) | Category (*) | Use limitation (**) |
| --- | --- | --- | --- | --- | --- | --- |
| ‘Bromoxynil and its butyryl, heptanoyl and octanoyl esters | 1689-84-5
  3861-41-4
  56634-95-8
  1689-99-2 | 216-882-7
  223-374-9
  260-300-4
  216-885-3 | ex 2926 90 70 | p | b |
| Epoxiconazole | 135319-73-2
  133855-98-8 | 406-850-2 | ex 2934 99 90 | p | b |
| Nonylphenol ethoxylates (C2H4O)nC15H24O | 9016-45-9
  26027-38-3
  68412-54-4
  37205-87-1
  127087-87-0
  and others | 500-024-6
  500-045-0
  500-209-1
  932-337-2
  500-315-8
  and others | ex 3402 42 00
  ex 3907 29 11
  ex 3824 99 92 | i
  p | sr
  b’ |

(4)

in Part 2, in the table, the entries for bromoxynil, epoxiconazole and nonylphenol ethoxylates are replaced by the following entries:

Chemical

CAS No

EC No

CN code(***)

Category (*)

Use limitation (**)

‘Bromoxynil and its butyryl, heptanoyl and octanoyl esters

1689-84-5

3861-41-4

56634-95-8

1689-99-2

216-882-7

223-374-9

260-300-4

216-885-3

ex 2926 90 70

p

b

Epoxiconazole

135319-73-2

133855-98-8

406-850-2

ex 2934 99 90

p

b

Nonylphenol ethoxylates (C2H4O)nC15H24O

9016-45-9

26027-38-3

68412-54-4

37205-87-1

127087-87-0

and others

500-024-6

500-045-0

500-209-1

932-337-2

500-315-8

and others

ex 3402 42 00

ex 3907 29 11

ex 3824 99 92

i

p

sr

b’

| (5) | in Part 2, in the table, the following entries are deleted:










  Chemical | CAS No | EC No | CN code(***) | Category (*) | Use limitation (**) |
| --- | --- | --- | --- | --- | --- | --- |
| ‘Bis(pentabromophenyl) ether | 1163-19-5 | 214-604-9 | ex 2909 30 38 | i(1)-i(2) | sr-b |
| Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds | 335-67-1
  and others | 206-397-9
  and others | ex 2915 90 70
  and others | i(1)-i(2) | sr-b’ |

(5)

in Part 2, in the table, the following entries are deleted:

Chemical

CAS No

EC No

CN code(***)

Category (*)

Use limitation (**)

‘Bis(pentabromophenyl) ether

1163-19-5

214-604-9

ex 2909 30 38

i(1)-i(2)

sr-b

Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds

335-67-1

and others

206-397-9

and others

ex 2915 90 70

and others

i(1)-i(2)

sr-b’

| (6) | in Part 3, in the table, the following entries are added:









  Chemical | Relevant CAS number(s) | HS code
  Pure substance (**) | HS code
  Mixtures containing substance (**) | Category |
| --- | --- | --- | --- | --- | --- |
| ‘Bis(pentabromophenyl) ether (decabromodiphenyl ether) | 1163-19-5 | 2909.30 | 3824.99 | Industrial |
| Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds | 335-67-1
  and others | 2915.90
  and others | | Industrial’ |

(6)

in Part 3, in the table, the following entries are added:

Chemical

Relevant CAS number(s)

HS code

Pure substance (**)

HS code

Mixtures containing substance (**)

Category

‘Bis(pentabromophenyl) ether (decabromodiphenyl ether)

1163-19-5

2909.30

3824.99

Industrial

Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds

335-67-1

and others

2915.90

and others

Industrial’

---

| 25.8.2023 | EN | Official Journal of the European Union | L 210/11 |
| --- | --- | --- | --- |

25.8.2023

EN

Official Journal of the European Union

L 210/11

---

COMMISSION REGULATION (EU) 2023/1657

of 21 August 2023

establishing a fisheries closure for cod in Norwegian waters of 1 and 2 for vessels flying the flag of Spain

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:

| (1) | Council Regulation (EU) 2023/194 (2) lays down quotas for 2023. |
| --- | --- |

(1)

Council Regulation (EU) 2023/194 (2) lays down quotas for 2023.

| (2) | According to the information received by the Commission, catches of the stock of cod in Norwegian waters of 1 and 2 by vessels flying the flag of or registered in Spain have exhausted the quota allocated for 2023. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock of cod in Norwegian waters of 1 and 2 by vessels flying the flag of or registered in Spain have exhausted the quota allocated for 2023.

| (3) | It is therefore necessary to prohibit certain fishing activities for that stock, |
| --- | --- |

(3)

It is therefore necessary to prohibit certain fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated for 2023 to Spain for the stock of cod in Norwegian waters of 1 and 2 referred to in the Annex shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing activities for the stock referred to in Article 1 by vessels flying the flag of or registered in Spain shall be prohibited from the date set out in the Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.

Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 August 2023.

For the Commission,

On behalf of the President,

Helena DALLI

Member of the Commission

---

(1)  
  OJ L 343, 22.12.2009, p. 1.

1

(2)  Council Regulation (EU) 2023/194 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks (OJ L 28, 31.1.2023, p. 1).

2

---

ANNEX

| No | 06/TQ194 |
| --- | --- |
| Member State | Spain |
| Stock | COD/1N2AB. |
| Species | Cod (Gadus Morhua) |
| Zone | Norwegian waters of 1 and 2 |
| Closing date | 29 June 2023 |

No

06/TQ194

Member State

Spain

Stock

COD/1N2AB.

Species

Cod (Gadus Morhua)

Zone

Norwegian waters of 1 and 2

Closing date

29 June 2023

---

| 25.8.2023 | EN | Official Journal of the European Union | L 210/14 |
| --- | --- | --- | --- |

25.8.2023

EN

Official Journal of the European Union

L 210/14

---

COMMISSION REGULATION (EU) 2023/1658

of 21 August 2023

establishing a fisheries closure for undulate ray in Union waters of 9 for vessels flying the flag of Spain

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:

| (1) | Council Regulation (EU) 2023/194 (2) lays down quotas for 2023. |
| --- | --- |

(1)

Council Regulation (EU) 2023/194 (2) lays down quotas for 2023.

| (2) | According to the information received by the Commission, catches of the stock of undulate ray in Union waters of 9 by vessels flying the flag of or registered in Spain have exhausted the quota allocated for 2023. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock of undulate ray in Union waters of 9 by vessels flying the flag of or registered in Spain have exhausted the quota allocated for 2023.

| (3) | It is therefore necessary to prohibit certain fishing activities for that stock, |
| --- | --- |

(3)

It is therefore necessary to prohibit certain fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to Spain for the stock of undulate ray in Union waters of 9 for 2023 referred to in the Annex shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

1.   Fishing for the stock referred to in Article 1 by vessels flying the flag of or registered in Spain shall be prohibited from the date set out in the Annex. In particular it shall be prohibited to search for fish, shoot, set or haul a fishing gear for the purpose of fishing that stock.

2.   Transshipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fishery products from that stock caught by those vessels shall remain authorised for catches taken prior to that date.

3.   Unintended catches of species from that stock by those vessels shall be brought and retained on board the fishing vessels, recorded, landed and counted against quotas in accordance with Article 15 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (3).

Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 August 2023.

For the Commission,

On behalf of the President,

Helena DALLI

Member of the Commission

---

(1)  
  OJ L 343, 22.12.2009, p. 1.

1

(2)  Council Regulation (EU) 2023/194 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks (OJ L 28, 31.1.2023, p. 1).

2

(3)  Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

3

---

ANNEX

| No | 07/TQ194 |
| --- | --- |
| Member State | Spain |
| Stock | RJU/9-C. |
| Species | Undulate ray (Raja undulata) |
| Zone | Union waters of 9 |
| Closing date | 1 March 2023 |

No

07/TQ194

Member State

Spain

Stock

RJU/9-C.

Species

Undulate ray (Raja undulata)

Zone

Union waters of 9

Closing date

1 March 2023

---

| 25.8.2023 | EN | Official Journal of the European Union | L 210/17 |
| --- | --- | --- | --- |

25.8.2023

EN

Official Journal of the European Union

L 210/17

---

COMMISSION REGULATION (EU) 2023/1659

of 21 August 2023

establishing a fisheries closure for Blue marlin in the Atlantic ocean for vessels flying the flag of Portugal

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:

| (1) | Council Regulation (EU) 2023/194 (2) lays down quotas for 2023. |
| --- | --- |

(1)

Council Regulation (EU) 2023/194 (2) lays down quotas for 2023.

| (2) | According to the information received by the Commission, catches of the stock of Blue marlin in the Atlantic ocean by vessels flying the flag of or registered in Portugal have exhausted the quota allocated for 2023. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock of Blue marlin in the Atlantic ocean by vessels flying the flag of or registered in Portugal have exhausted the quota allocated for 2023.

| (3) | It is therefore necessary to prohibit certain fishing activities for that stock, |
| --- | --- |

(3)

It is therefore necessary to prohibit certain fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated for 2023 to Portugal for the stock of Blue marlin in the Altantic ocean referred to in the Annex shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing activities for the stock referred to in Article 1 by vessels flying the flag of or registered in Portugal shall be prohibited from the date set out in the Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.

Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 August 2023.

For the Commission,

On behalf of the President,

Helena DALLI

Member of the Commission

---

(1)  
  OJ L 343, 22.12.2009, p. 1.

1

(2)  Council Regulation (EU) 2023/194 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks (OJ L 28, 31.1.2023, p. 1).

2

---

ANNEX

| No | 09/TQ194 |
| --- | --- |
| Member State | Portugal |
| Stock | BUM/ATLANT |
| Species | Blue marlin (Makaira nigricans) |
| Zone | Atlantic Ocean |
| Closing date | 31 July 2023 |

No

09/TQ194

Member State

Portugal

Stock

BUM/ATLANT

Species

Blue marlin (Makaira nigricans)

Zone

Atlantic Ocean

Closing date

31 July 2023

---

| 25.8.2023 | EN | Official Journal of the European Union | L 210/20 |
| --- | --- | --- | --- |

25.8.2023

EN

Official Journal of the European Union

L 210/20

---

COMMISSION REGULATION (EU) 2023/1660

of 21 August 2023

establishing a fisheries closure for undulate ray in Union waters of 8 for vessels flying the flag of Spain

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:

| (1) | Council Regulation (EU) 2023/194 (2) lays down quotas for 2023. |
| --- | --- |

(1)

Council Regulation (EU) 2023/194 (2) lays down quotas for 2023.

| (2) | According to the information received by the Commission, catches of the stock of undulate ray in Union waters of 8 by vessels flying the flag of or registered in Spain have exhausted the quota allocated for 2023. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock of undulate ray in Union waters of 8 by vessels flying the flag of or registered in Spain have exhausted the quota allocated for 2023.

| (3) | It is therefore necessary to prohibit certain fishing activities for that stock, |
| --- | --- |

(3)

It is therefore necessary to prohibit certain fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to Spain for the stock of undulate ray in Union waters of 8 for 2023 referred to in the Annex shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

1.   Fishing for the stock referred to in Article 1 by vessels flying the flag of or registered in Spain shall be prohibited from the date set out in the Annex. In particular it shall be prohibited to search for fish, shoot, set or haul a fishing gear for the purpose of fishing that stock.

2.   Transshipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fishery products from that stock caught by those vessels shall remain authorised for catches taken prior to that date.

3.   Unintended catches of species from that stock by those vessels shall be brought and retained on board the fishing vessels, recorded, landed and counted against quotas in accordance with Article 15 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (3).

Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 August 2023.

For the Commission,

On behalf of the President,

Helena DALLI

Member of the Commission

---

(1)  
  OJ L 343, 22.12.2009, p. 1.

1

(2)  Council Regulation (EU) 2023/194 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks (OJ L 28, 31.1.2023, p. 1).

2

(3)  Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

3

---

ANNEX

| No | 08/TQ194 |
| --- | --- |
| Member State | Spain |
| Stock | RJU/8-C. |
| Species | Undulate ray (Raja undulata) |
| Zone | Union waters of 8 |
| Closing date | 1 May 2023 |

No

08/TQ194

Member State

Spain

Stock

RJU/8-C.

Species

Undulate ray (Raja undulata)

Zone

Union waters of 8

Closing date

1 May 2023

---

| 25.8.2023 | EN | Official Journal of the European Union | L 210/23 |
| --- | --- | --- | --- |

25.8.2023

EN

Official Journal of the European Union

L 210/23

---

COMMISSION IMPLEMENTING REGULATION (EU) 2023/1661

of 24 August 2023

operating deductions from fishing quotas available for certain stocks in 2023 on account of overfishing in the previous years

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (1), and in particular Article 105(1), (2) and (3) thereof,

Whereas:

| (1) | Fishing quotas for the year 2022 have been established by Council Regulations (EU) 2021/91 (2), (EU) 2021/1888 (3), (EU) 2022/109 (4) and (EU) 2022/110 (5). |
| --- | --- |

(1)

Fishing quotas for the year 2022 have been established by Council Regulations (EU) 2021/91 (2), (EU) 2021/1888 (3), (EU) 2022/109 (4) and (EU) 2022/110 (5).

| (2) | Fishing quotas for the year 2023 have been established by Council Regulations (EU) 2022/2090 (6), (EU) 2023/194 (7) and (EU) 2023/195 (8). |
| --- | --- |

(2)

Fishing quotas for the year 2023 have been established by Council Regulations (EU) 2022/2090 (6), (EU) 2023/194 (7) and (EU) 2023/195 (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. |
| --- | --- |

(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) | Article 105(2) and (3) of Regulation (EC) No 1224/2009 provides that such deductions are to be operated in the following year or years by applying the respective multiplying factors as set out therein. |
| --- | --- |

(4)

Article 105(2) and (3) of Regulation (EC) No 1224/2009 provides that such deductions are to be operated in the following year or years by applying the respective multiplying factors as set out therein.

| (5) | Certain Member States have exceeded their fishing quotas for the year 2022. Deductions should therefore be operated on the fishing quotas allocated to them in 2023 and, where relevant, in subsequent years, for the overfished stocks. |
| --- | --- |

(5)

Certain Member States have exceeded their fishing quotas for the year 2022. Deductions should therefore be operated on the fishing quotas allocated to them in 2023 and, where relevant, in subsequent years, for the overfished stocks.

| (6) | Commission Implementing Regulation (EU) 2022/1926 (9) established deductions from fishing quotas for certain fish stocks in 2022 on account of overfishing in the previous years. In 2021, Portugal overfished its fishing quota for anchovy in areas 9 and 10; Union waters of CECAF 34.1.1 (ANE/9/3411). Following Portugal’s request on 22 August 2022, the Commission agreed to spread the deduction over two years in accordance with point 3(a) of the Communication from the Commission 2022/C 369/03 (10) (‘the Guidelines’). Article 3 of Commission Implementing Regulation (EU) 2022/2458 (11) provides that the annual deduction shall amount to 1 477,376 tonnes in 2022 and 2023. On 19 April 2023, considering that Portugal expected to have sufficient quota left at the end of the 2022 fishing season for ANE/9/3411, it requested the Commission to cancel the spreading over two years of the deduction. Therefore, the Commission operated the entire deduction, i.e. 2 954,752 tonnes – including a multiplying factor of 1,40 – on the Portuguese quota for ANE/9/3411 for the 2022 fishing season. Consequently, there is no outstanding deduction to be operated on the Portuguese quota allocated for the 2023 fishing season for this stock. |
| --- | --- |

(6)

Commission Implementing Regulation (EU) 2022/1926 (9) established deductions from fishing quotas for certain fish stocks in 2022 on account of overfishing in the previous years. In 2021, Portugal overfished its fishing quota for anchovy in areas 9 and 10; Union waters of CECAF 34.1.1 (ANE/9/3411). Following Portugal’s request on 22 August 2022, the Commission agreed to spread the deduction over two years in accordance with point 3(a) of the Communication from the Commission 2022/C 369/03 (10) (‘the Guidelines’). Article 3 of Commission Implementing Regulation (EU) 2022/2458 (11) provides that the annual deduction shall amount to 1 477,376 tonnes in 2022 and 2023. On 19 April 2023, considering that Portugal expected to have sufficient quota left at the end of the 2022 fishing season for ANE/9/3411, it requested the Commission to cancel the spreading over two years of the deduction. Therefore, the Commission operated the entire deduction, i.e. 2 954,752 tonnes – including a multiplying factor of 1,40 – on the Portuguese quota for ANE/9/3411 for the 2022 fishing season. Consequently, there is no outstanding deduction to be operated on the Portuguese quota allocated for the 2023 fishing season for this stock.

| (7) | The Guidelines replaced Communication 2012/C 72/07 to adapt, where applicable, the timeline for deductions in case of overfishing of a quota for stocks managed by regional fisheries management organisations to the timeline for deductions set in the regional fisheries management organisations concerned for these stocks. Recommendation 21-01 by the International Commission for the Conservation of Atlantic Tuna (ICCAT) on a multiannual conservation and management programme for tropical tunas (12) as well as Recommendation 22-03 by ICCAT for the conservation of North Atlantic swordfish (13) establish that any excess of the annual adjusted quota in the year 2022 shall be deducted from the respective quota/catch limit for 2024. On this basis, deductions – including those resulting from applicable multiplying factors – on account of overfishing established in 2022 for the stock of bigeye tuna in the Atlantic Ocean (BET/ATLANT) and the stock of swordfish in the Atlantic Ocean, north of 5° N (SWO/AN05N), both managed by ICCAT, should only be applied in 2024. |
| --- | --- |

(7)

The Guidelines replaced Communication 2012/C 72/07 to adapt, where applicable, the timeline for deductions in case of overfishing of a quota for stocks managed by regional fisheries management organisations to the timeline for deductions set in the regional fisheries management organisations concerned for these stocks. Recommendation 21-01 by the International Commission for the Conservation of Atlantic Tuna (ICCAT) on a multiannual conservation and management programme for tropical tunas (12) as well as Recommendation 22-03 by ICCAT for the conservation of North Atlantic swordfish (13) establish that any excess of the annual adjusted quota in the year 2022 shall be deducted from the respective quota/catch limit for 2024. On this basis, deductions – including those resulting from applicable multiplying factors – on account of overfishing established in 2022 for the stock of bigeye tuna in the Atlantic Ocean (BET/ATLANT) and the stock of swordfish in the Atlantic Ocean, north of 5° N (SWO/AN05N), both managed by ICCAT, should only be applied in 2024.

| (8) | Further updates or corrections may still occur following the detection, for the current or previous deduction exercise, of errors, omissions or misreporting in the catch figures declared by the Member States pursuant to Article 33 of Regulation (EC) No 1224/2009. |
| --- | --- |

(8)

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

| (9) | Since quotas are expressed in tonnes, overfishing involving quantities of less than 1 tonne should not be considered, |
| --- | --- |

(9)

Since quotas are expressed in tonnes, overfishing involving quantities of less than 1 tonne should not be considered,

HAS ADOPTED THIS REGULATION:

Article 1

The fishing quotas fixed for the year 2023 in Regulations (EU) 2022/2090, (EU) 2023/194 and (EU) 2023/195 shall be reduced as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 August 2023.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 343, 22.12.2009, p. 1.

1

(2)  Council Regulation (EU) 2021/91 of 28 January 2021 fixing, for the years 2021 and 2022, the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 31, 29.1.2021, p. 20).

2

(3)  Council Regulation (EU) 2021/1888 of 27 October 2021 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2021/92 as regards certain fishing opportunities in other waters (OJ L 384, 29.10.2021, p. 1).

3

(4)  Council Regulation (EU) 2022/109 of 27 January 2022 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and for Union fishing vessels in certain non-Union waters (OJ L 21, 31.1.2022, p. 1).

4

(5)  Council Regulation (EU) 2022/110 of 27 January 2022 fixing for 2022 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Mediterranean and Black Seas (OJ L 21, 31.1.2022, p. 165).

5

(6)  Council Regulation (EU) 2022/2090 of 27 October 2022 fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2023 and amending Regulation (EU) 2022/109 as regards certain fishing opportunities in other waters (OJ L 281, 31.10.2022, p. 1).

6

(7)  Council Regulation (EU) 2023/194 of 30 January 2023 fixing for 2023 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, as well as fixing for 2023 and 2024 such fishing opportunities for certain deep-sea fish stocks (OJ L 28, 31.1.2023, p. 1).

7

(8)  Council Regulation (EU) 2023/195 of 30 January 2023 fixing for 2023 the fishing opportunities for certain stocks and groups of fish stocks applicable in the Mediterranean and Black Seas and amending Regulation (EU) 2022/110 as regards the fishing opportunities for 2022 applicable in the Mediterranean and the Black Seas (OJ L 28, 31.1.2023, p. 220).

8

(9)  Commission Implementing Regulation (EU) 2022/1926 of 11 October 2022 operating deductions from fishing quotas available for certain stocks in 2022 on account of overfishing in the previous years (OJ L 265, 12.10.2022, p. 67).

9

(10)  Communication from the Commission on guidelines for the deduction of quotas under Article 105(1), (2) and (5) of Regulation (EC) No 1224/2009, and replacing Communication 2012/C 72/07 (2022/C 369/03) (OJ C 369, 27.9.2022, p. 3).

10

(11)  Commission Implementing Regulation (EU) 2022/2458 of 14 December 2022 operating deductions from fishing quotas available for certain stocks in 2022 in accordance with Council Regulation (EC) No 1224/2009 on account of overfishing of other stocks in the previous years and amending Commission Implementing Regulation (EU) 2022/1926 (OJ L 321, 15.12.2022, p. 10).

11

(12)  Recommendation 21-01 by ICCAT replacing Recommendation 19-02 replacing Recommendation 16-01 on a multi-annual conservation and management programme for tropical tunas.

12

(13)  Recommendation 22-03 by ICCAT replacing supplemental recommendation 21-02 extending and amending Recommendation 17-02 for the conservation of North Atlantic swordfish

13

---

ANNEX

DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2023 FOR STOCKS WHICH HAVE BEEN OVERFISHED

| Mem-ber State | Species code | Area code | Species name | Area name | Initial quota 2022 (in tonnes) | Permitted landings 2022 (Total adapted quantity in tonnes) (1) | Total catches 2022 (quantity in tonnes) | Quota con-sumption related to permitted landings | Overfishing related to permitted landing (quantity in tonnes) | Multi-plying factor (2) | Addit-ional Multi-plying factor (3)
   (4) | Out-standing deductions from previous year(s) (5) (quantity in tonnes) | Deductions to apply in 2023 (quantity in tonnes) |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| BE | SRX | 07D. | Skates and rays | 7d | 134,000 | 136,500 | 137,765 | 100,93  % | 1,265 | / | / | / | 1,265 |
| BE | SRX | 67AKXD | Skates and rays | United Kingdom and Union waters of 6a, 6b, 7a-c and 7e-k | 814,000 | 1 207,000 | 1 209,702 | 100,22  % | 2,702 | / | / | / | 2,702 |
| DE | HER | 4AB. | Herring | Union, United Kingdom and Norwegian waters of 4 north of 53° 30′ N | 41 147,000 | 37 114,880 | 38 224,556 | 102,99  % | 1 109,676 | / | A (6) | / | 1 109,676 |
| DE | OTH | 1N2AB. | Other species | Norwegian waters of 1 and 2 | 71,000 | 72,800 | 92,797 | 127,47  % | 19,997 | 1,00 | / | / | 19,997 |
| DK | COD | 03AN. | Cod | Skagerrak | 1 515,000 | 1 503,751 | 1 521,783 | 101,20  % | 18,032 | / | C (6) | / | 18,032 |
| DK | COD | 2A3AX4 | Cod | 4; United Kingdom waters of 2a; the part of 3a not covered by the Skagerrak and Kattegat | 1 951,000 | 1 980,700 | 2 018,970 | 101,93  % | 38,270 | / | C (6) | / | 38,270 |
| DK | HAD | 03A. | Haddock | 3a | 2 225,000 | 2 508,851 | 2 735,449 | 109,03  % | 226,598 | / | C (6) | / | 226,598 |
| DK | HER | 5B6ANB | Herring | 6b and 6aN; United Kingdom and international waters of 5b | / | / | 8,077 | N/A | 8,077 | 1,00 | / | | 8,077 |
| DK | OTH | 1N2AB. | Other species | Norwegian waters of 1 and 2 | / | / | 2,038 | N/A | 2,038 | 1,00 | / | / | 2,038 |
| DK | POK | 1N2AB. | Saithe | Norwegian waters of 1 and 2 | / | / | 17,317 | N/A | 17,317 | 1,00 | / | / | 17,317 |
| DK | PRA | 4N-S62 | Northern prawn | Norwegian waters south of 62°N | 200,000 | 203,000 | 205,041 | 101,01  % | 2,041 | / | / | / | 2,041 |
| DK | SPR | 03A. | Sprat and associated by-catches | 3a | 8 422,000 | 20,186 | 34,428 | 170,55  % | 14,242 | 1,00 | / | / | 14,242 |
| DK | WHB | 1X14 | Blue whiting | United Kingdom, Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 | 36 723,000 | 45 035,026 | 45 516,979 | 101,07  % | 481,953 | / | / | / | 481,953 |
| ES | ALF | 3X14- | Alfonsinos | United Kingdom, Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 | 51,000 | 58,000 | 59,069 | 101,84  % | 1,069 | / | / | / | 1,069 |
| ES | COD | 1/2B. | Cod | 1 and 2b | 9 688,000 | 9 290,212 | 9 409,547 | 101,28  % | 119,335 | / | A (6) | / | 119,335 |
| ES | COD | 1N2AB. | Cod | Norwegian waters of 1 and 2 | 2 602,000 | 2 744,006 | 2 804,069 | 102,19  % | 60,063 | / | / | / | 60,063 |
| ES | GHL | 1N2AB. | Greenland halibut | Norwegian waters of 1 and 2 | / | 32,719 | 55,066 | 168,30  % | 22,347 | 1,00 | A | / | 33,521 |
| ES | HAD | 1N2AB. | Haddock | Norwegian waters of 1 and 2 | / | 0,554 | 17,963 | 3 242,42  % | 17,409 | 1,00 | / | / | 17,409 |
| ES | OTH | 1N2AB. | Other species | Norwegian waters of 1 and 2 | / | / | 35,447 | N/A | 35,447 | 1,00 | A | / | 53,171 |
| ES | POL | 08C. | Pollack | 8c | 149,000 | 172,001 | 173,627 | 100,95  % | 1,626 | / | / | / | 1,626 |
| ES | POK | 1N2AB. | Saithe | Norwegian waters of 1 and 2 | / | 17,250 | 25,413 | 147,32  % | 8,163 | 1,00 | / | / | 8,163 |
| ES | REB | 1N2AB. | Redfish | Norwegian waters of 1 and 2 | 106,000 | 103,211 | 104,593 | 101,34  % | 1,382 | / | / | / | 1,382 |
| ES | RJU | 9-C. | Undulate ray | Union waters of 9 | 15,000 | 18,000 | 19,348 | 107,49  % | 1,348 | / | / | / | 1,348 |
| FR | JAX | 4BC7D | Horse mackerel and associated by-catches | United Kingdom and Union waters of 4b, 4c and 7d | 267,000 | 396,532 | 461,312 | 116,34  % | 64,780 | 1,00 | / | / | 64,780 |
| FR | RJE | 7FG. | Small-eyed ray | 7f and 7g | 36,000 | 57,000 | 83,299 | 146,14  % | 26,299 | 1,00 | / | / | 26,299 |
| FR | RJU | 8-C. | Undulate ray | Union waters of 8 | 13,000 | 23,000 | 24,081 | 104,70  % | 1,081 | / | / | / | 1,081 |
| IE | HER | 6AS7BC | Herring | 6aS, 7b, 7c | 1 236,000 | 1 267,563 | 1 298,400 | 102,43  % | 30,837 | / | / | / | 30,837 |
| IE | POK | 1N2AB. | Saithe | Norwegian waters of 1 and 2 | / | 28,810 | 51,017 | 177,08  % | 22,207 | 1,00 | / | / | 22,207 |
| MT | ALB | MED | Mediterranean albacore | Mediterranean Sea | 41,190 | 41,190 | 49,876 | 121,09  % | 8,686 | 1,00 | / | / | 8,686 |
| NL | POK | 1N2AB. | Saithe | Norwegian waters of 1 and 2 | / | 4,000 | 47,097 | 1 177,43  % | 43,097 | 1,00 | / | / | 43,097 |
| PL | MAC | 2A34. | Mackerel | 3a; United Kingdom and Union waters of 2a, 3b, 3c, 3d and 4 | / | / | 10,934 | N/A | 10,934 | 1,00 | / | / | 10,934 |
| PT | ALF | 3X14- | Alfonsinos | Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 | 145,000 | 142,314 | 145,155 | 102,00  % | 2,841 | / | A (6) | / | 2,841 |
| PT | RJU | 9-C. | Undulate ray | Union waters of 9 | 15,000 | 32,000 | 33,907 | 105,96  % | 1,907 | / | / | / | 1,907 |
| SE | I/F | 04-N | Industrial fish | Norwegian waters of 4 | 800,000 | 800,000 | 808,349 | 101,04  % | 8,349 | / | / | / | 8,349 |

Mem-ber State

Species code

Area code

Species name

Area name

Initial quota 2022 (in tonnes)

Permitted landings 2022 (Total adapted quantity in tonnes) (1)

Total catches 2022 (quantity in tonnes)

Quota con-sumption related to permitted landings

Overfishing related to permitted landing (quantity in tonnes)

Multi-plying factor (2)

Addit-ional Multi-plying factor (3)
   (4)

Out-standing deductions from previous year(s) (5) (quantity in tonnes)

Deductions to apply in 2023 (quantity in tonnes)

BE

SRX

07D.

Skates and rays

7d

134,000

136,500

137,765

100,93  %

1,265

/

/

/

1,265

BE

SRX

67AKXD

Skates and rays

United Kingdom and Union waters of 6a, 6b, 7a-c and 7e-k

814,000

1 207,000

1 209,702

100,22  %

2,702

/

/

/

2,702

DE

HER

4AB.

Herring

Union, United Kingdom and Norwegian waters of 4 north of 53° 30′ N

41 147,000

37 114,880

38 224,556

102,99  %

1 109,676

/

A (6)

/

1 109,676

DE

OTH

1N2AB.

Other species

Norwegian waters of 1 and 2

71,000

72,800

92,797

127,47  %

19,997

1,00

/

/

19,997

DK

COD

03AN.

Cod

Skagerrak

1 515,000

1 503,751

1 521,783

101,20  %

18,032

/

C (6)

/

18,032

DK

COD

2A3AX4

Cod

4; United Kingdom waters of 2a; the part of 3a not covered by the Skagerrak and Kattegat

1 951,000

1 980,700

2 018,970

101,93  %

38,270

/

C (6)

/

38,270

DK

HAD

03A.

Haddock

3a

2 225,000

2 508,851

2 735,449

109,03  %

226,598

/

C (6)

/

226,598

DK

HER

5B6ANB

Herring

6b and 6aN; United Kingdom and international waters of 5b

/

/

8,077

N/A

8,077

1,00

/

8,077

DK

OTH

1N2AB.

Other species

Norwegian waters of 1 and 2

/

/

2,038

N/A

2,038

1,00

/

/

2,038

DK

POK

1N2AB.

Saithe

Norwegian waters of 1 and 2

/

/

17,317

N/A

17,317

1,00

/

/

17,317

DK

PRA

4N-S62

Northern prawn

Norwegian waters south of 62°N

200,000

203,000

205,041

101,01  %

2,041

/

/

/

2,041

DK

SPR

03A.

Sprat and associated by-catches

3a

8 422,000

20,186

34,428

170,55  %

14,242

1,00

/

/

14,242

DK

WHB

1X14

Blue whiting

United Kingdom, Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14

36 723,000

45 035,026

45 516,979

101,07  %

481,953

/

/

/

481,953

ES

ALF

3X14-

Alfonsinos

United Kingdom, Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14

51,000

58,000

59,069

101,84  %

1,069

/

/

/

1,069

ES

COD

1/2B.

Cod

1 and 2b

9 688,000

9 290,212

9 409,547

101,28  %

119,335

/

A (6)

/

119,335

ES

COD

1N2AB.

Cod

Norwegian waters of 1 and 2

2 602,000

2 744,006

2 804,069

102,19  %

60,063

/

/

/

60,063

ES

GHL

1N2AB.

Greenland halibut

Norwegian waters of 1 and 2

/

32,719

55,066

168,30  %

22,347

1,00

A

/

33,521

ES

HAD

1N2AB.

Haddock

Norwegian waters of 1 and 2

/

0,554

17,963

3 242,42  %

17,409

1,00

/

/

17,409

ES

OTH

1N2AB.

Other species

Norwegian waters of 1 and 2

/

/

35,447

N/A

35,447

1,00

A

/

53,171

ES

POL

08C.

Pollack

8c

149,000

172,001

173,627

100,95  %

1,626

/

/

/

1,626

ES

POK

1N2AB.

Saithe

Norwegian waters of 1 and 2

/

17,250

25,413

147,32  %

8,163

1,00

/

/

8,163

ES

REB

1N2AB.

Redfish

Norwegian waters of 1 and 2

106,000

103,211

104,593

101,34  %

1,382

/

/

/

1,382

ES

RJU

9-C.

Undulate ray

Union waters of 9

15,000

18,000

19,348

107,49  %

1,348

/

/

/

1,348

FR

JAX

4BC7D

Horse mackerel and associated by-catches

United Kingdom and Union waters of 4b, 4c and 7d

267,000

396,532

461,312

116,34  %

64,780

1,00

/

/

64,780

FR

RJE

7FG.

Small-eyed ray

7f and 7g

36,000

57,000

83,299

146,14  %

26,299

1,00

/

/

26,299

FR

RJU

8-C.

Undulate ray

Union waters of 8

13,000

23,000

24,081

104,70  %

1,081

/

/

/

1,081

IE

HER

6AS7BC

Herring

6aS, 7b, 7c

1 236,000

1 267,563

1 298,400

102,43  %

30,837

/

/

/

30,837

IE

POK

1N2AB.

Saithe

Norwegian waters of 1 and 2

/

28,810

51,017

177,08  %

22,207

1,00

/

/

22,207

MT

ALB

MED

Mediterranean albacore

Mediterranean Sea

41,190

41,190

49,876

121,09  %

8,686

1,00

/

/

8,686

NL

POK

1N2AB.

Saithe

Norwegian waters of 1 and 2

/

4,000

47,097

1 177,43  %

43,097

1,00

/

/

43,097

PL

MAC

2A34.

Mackerel

3a; United Kingdom and Union waters of 2a, 3b, 3c, 3d and 4

/

/

10,934

N/A

10,934

1,00

/

/

10,934

PT

ALF

3X14-

Alfonsinos

Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14

145,000

142,314

145,155

102,00  %

2,841

/

A (6)

/

2,841

PT

RJU

9-C.

Undulate ray

Union waters of 9

15,000

32,000

33,907

105,96  %

1,907

/

/

/

1,907

SE

I/F

04-N

Industrial fish

Norwegian waters of 4

800,000

800,000

808,349

101,04  %

8,349

/

/

/

8,349

---

(1)  Quotas available to a Member State pursuant to the relevant fishing opportunities Regulations after taking into account exchanges of fishing opportunities in accordance with Article 16(8) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22), quota transfers from 2021 to 2022 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (OJ L 115, 9.5.1996, p. 3) and with Article 15(9) of Regulation (EU) No 1380/2013 or reallocation and deduction of fishing opportunities in accordance with Articles 37 and 105 of Regulation (EC) No 1224/2009.

(2)  As set out in Article 105(2) of Regulation (EC) No 1224/2009. Deduction equal to the overfishing * 1,00 shall apply in all cases of overfishing equal to, or less than, 100 tonnes.

(3)  As set out in Article 105(3) of Regulation (EC) No 1224/2009 and provided that the extent of overfishing exceeds 10 %.

(4)  Letter ‘A’ indicates that an additional multiplying factor of 1,5 has been applied due to consecutive overfishing in the years 2020, 2021 and 2022. Letter ‘C’ indicates that an additional multiplying factor of 1,5 has been applied as the stock is subject to a multiannual plan.

(5)  Remaining quantities from previous year(s).

(6)  Additional multiplying factor not applicable because the overfishing does not exceed 10 % of the permitted landings.

---

DECISIONS

| 25.8.2023 | EN | Official Journal of the European Union | L 210/30 |
| --- | --- | --- | --- |

25.8.2023

EN

Official Journal of the European Union

L 210/30

---

COMMISSION IMPLEMENTING DECISION (EU) 2023/1662

of 16 August 2023

on the request for registration, pursuant to Regulation (EU) 2019/788 of the European Parliament and of the Council, of the European citizens’ initiative entitled ‘Preservation and development of Ukrainian culture, education, language, and traditions in EU states’

(Only the English text is authentic)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2019/788 of the European Parliament and of the Council of 17 April 2019 on the European citizens’ initiative (1), and in particular Article 6(2) and (3) thereof,

Whereas:

| (1) | A request for registration of a European citizens’ initiative entitled ‘Preservation and development of Ukrainian culture, education, language, and traditions in EU states’ was submitted to the Commission on 17 July 2023. |
| --- | --- |

(1)

A request for registration of a European citizens’ initiative entitled ‘Preservation and development of Ukrainian culture, education, language, and traditions in EU states’ was submitted to the Commission on 17 July 2023.

| (2) | That request follows the request for registration of a European citizens’ initiative entitled ‘EU Citizens’ Initiative on granting special status to the Ukrainian language in the European Union’ which was submitted to the Commission on 26 April 2023. |
| --- | --- |

(2)

That request follows the request for registration of a European citizens’ initiative entitled ‘EU Citizens’ Initiative on granting special status to the Ukrainian language in the European Union’ which was submitted to the Commission on 26 April 2023.

| (3) | By letter of 24 May 2023 (C(2023) 3440 final), pursuant to Article 6(4) of Regulation (EU) 2019/788, the Commission informed the group of organisers that as regards the request for registration submitted on 26 April 2023, the requirements for registration set out in Article 6(3), first subparagraph, points (a), (d) and (e), of that Regulation were fulfilled and that Article 6(3), first subparagraph, point (b), thereof was not applicable. However, the Commission also explained that the initiative did not fulfil the requirement set out in Article 6(3), first subparagraph, point (c), of Regulation (EU) 2019/788. The initiative referred to the Council of Europe’s European Charter for Regional and Minority Languages as the relevant legal basis, rather than provisions of the Treaties. In examining the objectives of the initiative, the Commission referred to Article 342 of the Treaty on the Functioning of the European Union (TFEU) and explained that this did not provide a legal basis for the Commission to propose a Council regulation governing the use of the Ukrainian language in the institutions of the Union, as Article 342 TFEU does not provide for any role for the Commission. Similarly, as regards the right to use the Ukrainian language to communicate with local authorities and government bodies, the Commission is not empowered to propose any legislation in this regard. As regards the objective of increasing awareness of linguistic diversity and multilingualism in the Union and promoting policies that support the protection and promotion of minority languages and cultures across Europe, while the Commission could propose legislation based on Article 167 TFEU, in light of Article 167(5) TFEU, any action by the Commission would have to be limited to ‘incentive measures’. The Commission therefore informed the organisers pursuant to Article 6(4), first subparagraph, of Regulation (EU) 2019/788 that they could either amend the initiative to take into account the Commission’s assessment, or maintain, or withdraw, the initial initiative in accordance with Article 6(4), second subparagraph, of Regulation (EU) 2019/788. |
| --- | --- |

(3)

By letter of 24 May 2023 (C(2023) 3440 final), pursuant to Article 6(4) of Regulation (EU) 2019/788, the Commission informed the group of organisers that as regards the request for registration submitted on 26 April 2023, the requirements for registration set out in Article 6(3), first subparagraph, points (a), (d) and (e), of that Regulation were fulfilled and that Article 6(3), first subparagraph, point (b), thereof was not applicable. However, the Commission also explained that the initiative did not fulfil the requirement set out in Article 6(3), first subparagraph, point (c), of Regulation (EU) 2019/788. The initiative referred to the Council of Europe’s European Charter for Regional and Minority Languages as the relevant legal basis, rather than provisions of the Treaties. In examining the objectives of the initiative, the Commission referred to Article 342 of the Treaty on the Functioning of the European Union (TFEU) and explained that this did not provide a legal basis for the Commission to propose a Council regulation governing the use of the Ukrainian language in the institutions of the Union, as Article 342 TFEU does not provide for any role for the Commission. Similarly, as regards the right to use the Ukrainian language to communicate with local authorities and government bodies, the Commission is not empowered to propose any legislation in this regard. As regards the objective of increasing awareness of linguistic diversity and multilingualism in the Union and promoting policies that support the protection and promotion of minority languages and cultures across Europe, while the Commission could propose legislation based on Article 167 TFEU, in light of Article 167(5) TFEU, any action by the Commission would have to be limited to ‘incentive measures’. The Commission therefore informed the organisers pursuant to Article 6(4), first subparagraph, of Regulation (EU) 2019/788 that they could either amend the initiative to take into account the Commission’s assessment, or maintain, or withdraw, the initial initiative in accordance with Article 6(4), second subparagraph, of Regulation (EU) 2019/788.

| (4) | On 17 July 2023, the group of organisers resubmitted the initiative. |
| --- | --- |

(4)

On 17 July 2023, the group of organisers resubmitted the initiative.

| (5) | The objectives of the amended initiative are expressed by the organisers as follows: ‘for the EU to take additional actions in supporting Ukrainian refugees. The Commission could propose legislation based on Article 167 TFEU, focusing on national and regional diversity and cultural heritage. The initiative aims to bridge cultural gaps and empower Ukrainian cultural and linguistic heritage in the EU community, fostering a sense of belonging and promoting integration for Ukrainian refugees. We can work towards a more inclusive and harmonious Europe by recognizing and embracing linguistic diversity and cultural identities, by establishing a pan-European structure of integration centers.’ |
| --- | --- |

(5)

The objectives of the amended initiative are expressed by the organisers as follows: ‘for the EU to take additional actions in supporting Ukrainian refugees. The Commission could propose legislation based on Article 167 TFEU, focusing on national and regional diversity and cultural heritage. The initiative aims to bridge cultural gaps and empower Ukrainian cultural and linguistic heritage in the EU community, fostering a sense of belonging and promoting integration for Ukrainian refugees. We can work towards a more inclusive and harmonious Europe by recognizing and embracing linguistic diversity and cultural identities, by establishing a pan-European structure of integration centers.’

| (6) | An annex to the amended initiative provides further details on the subject matter, objectives and background to the initiative. It refers to the preservation of culture, language, traditions and heritage of Ukrainian refugees and the ‘formulation of a legislative strategy to protect the Ukrainian language as a future language of the EU’. In this context, the annex mentions Ukraine’s status as a candidate for Union membership among the ‘grounds for the full integration of Ukrainian citizens into the European community’. The amended initiative thus aims to ‘preserve and develop Ukrainian culture, education, language and traditions in EU countries’ on the basis of Article 167(2), (3) and (4) TFEU. In order to achieve these aims, the organisers propose the establishment of information centres in Member States with a Ukrainian refugee population of no less than 10 000 persons, ‘with financial support and under the auspices of European Union structures’. |
| --- | --- |

(6)

An annex to the amended initiative provides further details on the subject matter, objectives and background to the initiative. It refers to the preservation of culture, language, traditions and heritage of Ukrainian refugees and the ‘formulation of a legislative strategy to protect the Ukrainian language as a future language of the EU’. In this context, the annex mentions Ukraine’s status as a candidate for Union membership among the ‘grounds for the full integration of Ukrainian citizens into the European community’. The amended initiative thus aims to ‘preserve and develop Ukrainian culture, education, language and traditions in EU countries’ on the basis of Article 167(2), (3) and (4) TFEU. In order to achieve these aims, the organisers propose the establishment of information centres in Member States with a Ukrainian refugee population of no less than 10 000 persons, ‘with financial support and under the auspices of European Union structures’.

| (7) | The Commission considers that the measures called for by the initiative could, in principle, be proposed under Article 79(4) TFEU, which allows for the adoption of ‘measures to provide incentives and support for the action of Member States with a view to promoting the integration of third-country nationals residing legally in their territories’ but ‘excluding any harmonisation of the laws and regulations of the Member States’. Provided that the initiative is limited to the promotion of the integration of Ukrainian refugees in the Member States concerned, Article 79(4) TFEU would be an appropriate legal basis. Such integration could imply the acquisition of the knowledge of the national languages and of the society of the Member States concerned with a view to facilitating communication between Ukrainian refugees and citizens of the Union, and encouraging interaction and the development of social relations between them. |
| --- | --- |

(7)

The Commission considers that the measures called for by the initiative could, in principle, be proposed under Article 79(4) TFEU, which allows for the adoption of ‘measures to provide incentives and support for the action of Member States with a view to promoting the integration of third-country nationals residing legally in their territories’ but ‘excluding any harmonisation of the laws and regulations of the Member States’. Provided that the initiative is limited to the promotion of the integration of Ukrainian refugees in the Member States concerned, Article 79(4) TFEU would be an appropriate legal basis. Such integration could imply the acquisition of the knowledge of the national languages and of the society of the Member States concerned with a view to facilitating communication between Ukrainian refugees and citizens of the Union, and encouraging interaction and the development of social relations between them.

| (8) | The Commission also considers that Article 78(2), point (c), TFEU, whereby legislative measures may be adopted for ‘a common system of temporary protection for displaced persons in the event of a massive inflow’, could be an additional legal basis, provided that the initiative is limited to Ukrainian refugees that are beneficiaries of temporary protection only and that the temporal scope of the initiative is then limited to the duration of the temporary protection. |
| --- | --- |

(8)

The Commission also considers that Article 78(2), point (c), TFEU, whereby legislative measures may be adopted for ‘a common system of temporary protection for displaced persons in the event of a massive inflow’, could be an additional legal basis, provided that the initiative is limited to Ukrainian refugees that are beneficiaries of temporary protection only and that the temporal scope of the initiative is then limited to the duration of the temporary protection.

| (9) | In addition, as regards the specific measures proposed by the amended initiative to preserve the culture, language, traditions and heritage of Ukrainian people, the Commission has powers to submit a proposal for a legal act of the Union on the basis of Article 167 TFEU, in order to improve the knowledge and dissemination of the culture of the European peoples and safeguard cultural heritage. However, pursuant to Article 167(5) TFEU, any action by the Commission in this respect would have to be limited to proposing ‘incentive measures’. |
| --- | --- |

(9)

In addition, as regards the specific measures proposed by the amended initiative to preserve the culture, language, traditions and heritage of Ukrainian people, the Commission has powers to submit a proposal for a legal act of the Union on the basis of Article 167 TFEU, in order to improve the knowledge and dissemination of the culture of the European peoples and safeguard cultural heritage. However, pursuant to Article 167(5) TFEU, any action by the Commission in this respect would have to be limited to proposing ‘incentive measures’.

| (10) | For those reasons, the Commission considers that none of the parts of the amended initiative manifestly fall outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties. |
| --- | --- |

(10)

For those reasons, the Commission considers that none of the parts of the amended initiative manifestly fall outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties.

| (11) | That conclusion is without prejudice to the assessment of whether the concrete substantive conditions required for the Commission to act, including compliance with the principles of proportionality and subsidiarity and compatibility with fundamental rights, would be met in this case. |
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(11)

That conclusion is without prejudice to the assessment of whether the concrete substantive conditions required for the Commission to act, including compliance with the principles of proportionality and subsidiarity and compatibility with fundamental rights, would be met in this case.

| (12) | The group of organisers has provided appropriate evidence that it fulfils the requirements laid down in Article 5(1) and (2) of Regulation (EU) 2019/788 and has designated the contact persons in accordance with Article 5(3), first subparagraph, of that Regulation. |
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(12)

The group of organisers has provided appropriate evidence that it fulfils the requirements laid down in Article 5(1) and (2) of Regulation (EU) 2019/788 and has designated the contact persons in accordance with Article 5(3), first subparagraph, of that Regulation.

| (13) | The amended initiative is not manifestly abusive, frivolous or vexatious, nor is it manifestly contrary to the values of the Union as set out in Article 2 of the Treaty on European Union or to the rights enshrined in the Charter of Fundamental Rights of the European Union. |
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(13)

The amended initiative is not manifestly abusive, frivolous or vexatious, nor is it manifestly contrary to the values of the Union as set out in Article 2 of the Treaty on European Union or to the rights enshrined in the Charter of Fundamental Rights of the European Union.

| (14) | The initiative entitled ‘Preservation and development of Ukrainian culture, education, language, and traditions in EU states’ should therefore be registered. |
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(14)

The initiative entitled ‘Preservation and development of Ukrainian culture, education, language, and traditions in EU states’ should therefore be registered.

| (15) | The conclusion that the conditions for registration under Article 6(3) of Regulation (EU) 2019/788 are fulfilled does not imply that the Commission in any way confirms the factual correctness of the content of the amended initiative, which is the sole responsibility of the group of organisers of the initiative. The content of the amended initiative only expresses the views of the group of organisers, and can in no way be taken to reflect the views of the Commission, |
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(15)

The conclusion that the conditions for registration under Article 6(3) of Regulation (EU) 2019/788 are fulfilled does not imply that the Commission in any way confirms the factual correctness of the content of the amended initiative, which is the sole responsibility of the group of organisers of the initiative. The content of the amended initiative only expresses the views of the group of organisers, and can in no way be taken to reflect the views of the Commission,

HAS ADOPTED THIS DECISION:

Article 1

The European citizens’ initiative entitled ‘Preservation and development of Ukrainian culture, education, language, and traditions in EU states’ shall be registered.

Article 2

This Decision is addressed to the group of organisers of the citizens’ initiative ‘Preservation and development of Ukrainian culture, education, language, and traditions in EU states’, represented by Mr Konstantins ČERŅENOKS and Mr Dmitrijs SARAFANOVS acting as contact persons.

Done at Brussels, 16 August 2023.

For the Commission

Věra JOUROVÁ

Vice-President

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(1)  
  OJ L 130, 17.5.2019, p. 55.

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