# Official Journal L 264/2018

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 264 |
| | |
| English edition | Legislation | Volume 6123 October 2018 |

ISSN 1977-0677

Official Journal

of the European Union

L 264

English edition

Legislation

Volume 6123 October 2018

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2018/1584 of 22 October 2018 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (
  1
  ) | 1 |
| | * | Commission Implementing Regulation (EU) 2018/1585 of 22 October 2018 establishing a derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for purse seines fishing in territorial waters of Croatia | 13 |
| | * | Commission Implementing Regulation (EU) 2018/1586 of 22 October 2018 establishing a derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast, the minimum sea depth and the prohibition to fish above protected habitats for shore seines fishing in territorial waters of Croatia | 16 |
| | * | Commission Implementing Regulation (EU) 2018/1587 of 22 October 2018 revoking the designation of the Istituto Superiore di Sanità, Rome, Italy, as a European Reference Laboratory for the residues listed in Annex I, Group B(3)(c) to Council Directive 96/23/EC (
  1
  ) | 20 |
| | | DECISIONS |
| | * | Council Decision (EU, Euratom) 2018/1588 of 15 October 2018 appointing a member, proposed by the Kingdom of Sweden, of the European Economic and Social Committee | 22 |
| | * | Council Decision (EU) 2018/1589 of 15 October 2018 appointing two alternate members, proposed by the Republic of Estonia, of the Committee of the Regions | 23 |
| | * | Commission Decision (EU) 2018/1590 of 19 October 2018 amending Decisions 2012/481/EU, 2014/391/EU, 2014/763/EU and 2014/893/EU as regards the period of validity of the ecological criteria for the award of the EU Ecolabel for certain products, and of the related assessment and verification requirements
  (notified under document C(2018) 6805)

   (
  1
  ) | 24 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2018/1584 of 22 October 2018 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (
  1
  )

1

1

*

Commission Implementing Regulation (EU) 2018/1585 of 22 October 2018 establishing a derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for purse seines fishing in territorial waters of Croatia

13

*

Commission Implementing Regulation (EU) 2018/1586 of 22 October 2018 establishing a derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast, the minimum sea depth and the prohibition to fish above protected habitats for shore seines fishing in territorial waters of Croatia

16

*

Commission Implementing Regulation (EU) 2018/1587 of 22 October 2018 revoking the designation of the Istituto Superiore di Sanità, Rome, Italy, as a European Reference Laboratory for the residues listed in Annex I, Group B(3)(c) to Council Directive 96/23/EC (
  1
  )

1

20

DECISIONS

*

Council Decision (EU, Euratom) 2018/1588 of 15 October 2018 appointing a member, proposed by the Kingdom of Sweden, of the European Economic and Social Committee

22

*

Council Decision (EU) 2018/1589 of 15 October 2018 appointing two alternate members, proposed by the Republic of Estonia, of the Committee of the Regions

23

*

Commission Decision (EU) 2018/1590 of 19 October 2018 amending Decisions 2012/481/EU, 2014/391/EU, 2014/763/EU and 2014/893/EU as regards the period of validity of the ecological criteria for the award of the EU Ecolabel for certain products, and of the related assessment and verification requirements
  (notified under document C(2018) 6805)

   (
  1
  )

(notified under document C(2018) 6805)

1

24

| | |
| --- | --- |
| | (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

| 23.10.2018 | EN | Official Journal of the European Union | L 264/1 |
| --- | --- | --- | --- |

23.10.2018

EN

Official Journal of the European Union

L 264/1

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COMMISSION IMPLEMENTING REGULATION (EU) 2018/1584

of 22 October 2018

amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (1), and in particular Article 22(1) thereof,

Whereas:

| (1) | Article 25l(3)(b) of Commission Regulation (EC) No 889/2008 (2) allows to supplement natural feed in the grow-out stage of penaeid shrimps and freshwater prawns (Macrobrachium spp.) as referred to in Section 7 of Annex XIIIa to that Regulation. For those shrimps and prawns in earlier life stages in nurseries and hatcheries supplementation of feed, in particular the need for cholesterol, is essential for their development. It is therefore necessary to extend the supplementation of feed with cholesterol to those shrimps and prawns also in their earlier life stages. |
| --- | --- |

(1)

Article 25l(3)(b) of Commission Regulation (EC) No 889/2008 (2) allows to supplement natural feed in the grow-out stage of penaeid shrimps and freshwater prawns (Macrobrachium spp.) as referred to in Section 7 of Annex XIIIa to that Regulation. For those shrimps and prawns in earlier life stages in nurseries and hatcheries supplementation of feed, in particular the need for cholesterol, is essential for their development. It is therefore necessary to extend the supplementation of feed with cholesterol to those shrimps and prawns also in their earlier life stages.

| (2) | In accordance with Article 27(1)(f) of Regulation (EC) No 889/2008 minerals (trace elements included), vitamins, amino acids and micronutrients can be used in the processing of organic food only as far as their use is legally required in the foodstuffs in which they are incorporated. According to the judgment of the Court of Justice of the European Union in case C-137/13 (3), the use of these substances in the processing of organic food is legally required only when a provision of Union law or a provision of national law compatible therewith directly requires that that substance be added to a foodstuff in order for that foodstuff to be placed on the market. |
| --- | --- |

(2)

In accordance with Article 27(1)(f) of Regulation (EC) No 889/2008 minerals (trace elements included), vitamins, amino acids and micronutrients can be used in the processing of organic food only as far as their use is legally required in the foodstuffs in which they are incorporated. According to the judgment of the Court of Justice of the European Union in case C-137/13 (3), the use of these substances in the processing of organic food is legally required only when a provision of Union law or a provision of national law compatible therewith directly requires that that substance be added to a foodstuff in order for that foodstuff to be placed on the market.

| (3) | Regulation (EU) 2018/848 of the European Parliament and of the Council (4) will allow the use of minerals (trace elements included), vitamins, amino acids or micronutrients in organic infant formula and follow-on formula and processed organic cereal-based foods and baby food when their use is authorised by the relevant Union legislation. In order to avoid a gap between the current interpretation of the use of these substances in foods for infants and young children and to ensure consistency with the upcoming organic legislation it is appropriate to allow their use in the production of organic baby foods for infants and young children. |
| --- | --- |

(3)

Regulation (EU) 2018/848 of the European Parliament and of the Council (4) will allow the use of minerals (trace elements included), vitamins, amino acids or micronutrients in organic infant formula and follow-on formula and processed organic cereal-based foods and baby food when their use is authorised by the relevant Union legislation. In order to avoid a gap between the current interpretation of the use of these substances in foods for infants and young children and to ensure consistency with the upcoming organic legislation it is appropriate to allow their use in the production of organic baby foods for infants and young children.

| (4) | Article 42 of Regulation (EC) No 889/2008 allows, under certain conditions and when organic reared pullets are not available, for non-organically reared pullets for egg production of not more than 18 weeks to be brought into an organic livestock unit until 31 December 2018. |
| --- | --- |

(4)

Article 42 of Regulation (EC) No 889/2008 allows, under certain conditions and when organic reared pullets are not available, for non-organically reared pullets for egg production of not more than 18 weeks to be brought into an organic livestock unit until 31 December 2018.

| (5) | Production of organically reared pullets for egg production is not sufficiently available, both in terms of quality and quantity, on the Union market to meet the needs of laying hen farmers. In order to allow more time for the production of organically reared pullets for egg production and to establish detailed rules for the production of organically reared pullets, the period of application of the exceptional production rules for non-organically reared pullets for egg production of not more than 18 weeks should be extended until 31 December 2020. |
| --- | --- |

(5)

Production of organically reared pullets for egg production is not sufficiently available, both in terms of quality and quantity, on the Union market to meet the needs of laying hen farmers. In order to allow more time for the production of organically reared pullets for egg production and to establish detailed rules for the production of organically reared pullets, the period of application of the exceptional production rules for non-organically reared pullets for egg production of not more than 18 weeks should be extended until 31 December 2020.

| (6) | Article 43 of Regulation (EC) No 889/2008 allows the use of a maximum of 5 % of non-organic protein feed for porcine and poultry species per period of 12 months for the calendar year 2018. |
| --- | --- |

(6)

Article 43 of Regulation (EC) No 889/2008 allows the use of a maximum of 5 % of non-organic protein feed for porcine and poultry species per period of 12 months for the calendar year 2018.

| (7) | Organic protein supply is not sufficiently available, both in terms of quality and quantity, on the Union market to meet the nutritional requirements of pigs and poultry raised on organic farms. The production of organic protein crops is still lagging behind demand. It is therefore appropriate to extend the period in which it is allowed to use a limited proportion of non-organic protein feed for porcine and poultry species until 31 December 2020. |
| --- | --- |

(7)

Organic protein supply is not sufficiently available, both in terms of quality and quantity, on the Union market to meet the nutritional requirements of pigs and poultry raised on organic farms. The production of organic protein crops is still lagging behind demand. It is therefore appropriate to extend the period in which it is allowed to use a limited proportion of non-organic protein feed for porcine and poultry species until 31 December 2020.

| (8) | Article 30(2) of Regulation (EC) No 834/2007 provides for the communication of information related to irregularities or infringements affecting the organic status of a product. Experience shows that the current tools to communicate information in case a Member State finds irregularities or infringements with regard to a product coming from that Member State need to be improved. To enhance efficiency and effectiveness, such communications should take place via the system referred to in Article 94(1) of Regulation (EC) No 889/2008. |
| --- | --- |

(8)

Article 30(2) of Regulation (EC) No 834/2007 provides for the communication of information related to irregularities or infringements affecting the organic status of a product. Experience shows that the current tools to communicate information in case a Member State finds irregularities or infringements with regard to a product coming from that Member State need to be improved. To enhance efficiency and effectiveness, such communications should take place via the system referred to in Article 94(1) of Regulation (EC) No 889/2008.

| (9) | In accordance with the procedure set out in Article 16(3) of Regulation (EC) No 834/2007, several Member States have submitted dossiers on certain substances to the other Member States and the Commission, in view of their authorisation and inclusion in Annexes I, II and VIIIa to Regulation (EC) No 889/2008. Those dossiers have been examined by the Expert Group for Technical Advice on Organic Production (EGTOP) and the Commission. |
| --- | --- |

(9)

In accordance with the procedure set out in Article 16(3) of Regulation (EC) No 834/2007, several Member States have submitted dossiers on certain substances to the other Member States and the Commission, in view of their authorisation and inclusion in Annexes I, II and VIIIa to Regulation (EC) No 889/2008. Those dossiers have been examined by the Expert Group for Technical Advice on Organic Production (EGTOP) and the Commission.

| (10) | In its recommendations with regard to fertilisers (5) EGTOP concluded, inter alia, that the substances ‘industrial lime from sugar production’ on the basis of sugar cane and ‘xylite’ comply with the objectives and principles of organic production. Therefore, those substances should be included in Annex I to Regulation (EC) No 889/2008. |
| --- | --- |

(10)

In its recommendations with regard to fertilisers (5) EGTOP concluded, inter alia, that the substances ‘industrial lime from sugar production’ on the basis of sugar cane and ‘xylite’ comply with the objectives and principles of organic production. Therefore, those substances should be included in Annex I to Regulation (EC) No 889/2008.

| (11) | In its recommendations with regard to plant protection products (6) EGTOP concluded, inter alia, that the substances ‘Allium sativum (garlic extract)’, ‘COS-OGA’, ‘Salix spp. Cortex (aka willow bark extract)’ and ‘sodium hydrogen carbonate’ comply with the objectives and principles of organic production. Therefore, those substances should be included in Annex II to Regulation (EC) No 889/2008. |
| --- | --- |

(11)

In its recommendations with regard to plant protection products (6) EGTOP concluded, inter alia, that the substances ‘Allium sativum (garlic extract)’, ‘COS-OGA’, ‘Salix spp. Cortex (aka willow bark extract)’ and ‘sodium hydrogen carbonate’ comply with the objectives and principles of organic production. Therefore, those substances should be included in Annex II to Regulation (EC) No 889/2008.

| (12) | In its recommendations with regard to products and substances used or added in organic products during certain stages of the production process and as type of treatment in accordance with Annex I A to Commission Regulation (EC) No 606/2009 (7) in the wine sector (8) EGTOP concluded, inter alia, that the substances ‘potato proteins’, ‘yeast protein extracts’ and ‘Chitosan derived from Aspergillus niger’ for clarification (point 10 of Annex I A to Regulation (EC) No 606/2009), ‘inactivated yeast, autolysates of yeast and yeast hulls’ for addition (point 15 of that Annex), ‘yeast mannoproteins’, and ‘Chitosan derived from Aspergillus niger’ for use (points 6, 35 and 44 of that Annex) comply with the objectives and principles of organic production. Therefore, those substances should be included in Annex VIIIa to Regulation (EC) No 889/2008. |
| --- | --- |

(12)

In its recommendations with regard to products and substances used or added in organic products during certain stages of the production process and as type of treatment in accordance with Annex I A to Commission Regulation (EC) No 606/2009 (7) in the wine sector (8) EGTOP concluded, inter alia, that the substances ‘potato proteins’, ‘yeast protein extracts’ and ‘Chitosan derived from Aspergillus niger’ for clarification (point 10 of Annex I A to Regulation (EC) No 606/2009), ‘inactivated yeast, autolysates of yeast and yeast hulls’ for addition (point 15 of that Annex), ‘yeast mannoproteins’, and ‘Chitosan derived from Aspergillus niger’ for use (points 6, 35 and 44 of that Annex) comply with the objectives and principles of organic production. Therefore, those substances should be included in Annex VIIIa to Regulation (EC) No 889/2008.

| (13) | In its recommendations with regard to products for cleaning and disinfecting (9), EGTOP concluded, inter alia, that sodium hydroxide should also be available for organic beekeeping. |
| --- | --- |

(13)

In its recommendations with regard to products for cleaning and disinfecting (9), EGTOP concluded, inter alia, that sodium hydroxide should also be available for organic beekeeping.

| (14) | Regulation (EC) No 889/2008 should therefore be amended accordingly. |
| --- | --- |

(14)

Regulation (EC) No 889/2008 should therefore be amended accordingly.

| (15) | The measures provided for in this Regulation are in accordance with the opinion of the Committee on Organic Production, |
| --- | --- |

(15)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Organic Production,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 889/2008 is amended as follows:

| (1) | in Article 25, paragraph 1 is replaced by the following:

  ‘1.   For the purpose of cleaning and disinfection of frames, hives and combs, sodium hydroxide may be used.
  For the purpose of protecting frames, hives and combs, in particular from pests, only rodenticides (to be used only in traps), and appropriate products listed in Annex II, are permitted.’; |
| --- | --- |

(1)

in Article 25, paragraph 1 is replaced by the following:

‘1.   For the purpose of cleaning and disinfection of frames, hives and combs, sodium hydroxide may be used.

For the purpose of protecting frames, hives and combs, in particular from pests, only rodenticides (to be used only in traps), and appropriate products listed in Annex II, are permitted.’;

| (2) | in Article 25l(3), point (b) is replaced by the following:






  ‘(b) | the feed ration of penaeid shrimps and freshwater prawns (Macrobrachium spp.) referred to in Section 7 of Annex XIIIa may comprise a maximum of 25 % fishmeal and 10 % fish oil derived from sustainable fisheries. In order to secure the quantitative dietary needs of those shrimps and prawns, organic cholesterol may be used to supplement their diets. Where organic cholesterol is not available, non-organic cholesterol derived from wool, shellfish or other sources may be used. The option to supplement their diet with cholesterol applies both in the grow-out stage and in earlier life stages in nurseries and hatcheries.’; |
| --- | --- | --- |

(2)

in Article 25l(3), point (b) is replaced by the following:

‘(b)

the feed ration of penaeid shrimps and freshwater prawns (Macrobrachium

| (3) | in Article 27(1), point (f) is replaced by the following:






  ‘(f) | minerals (trace elements included), vitamins, amino acids and micronutrients, provided that:






  (i) | their use in food for normal consumption is ‘directly legally required’, in the meaning of being directly required by provisions of Union law or provisions of national law compatible with Union law, with the consequence that the food cannot be placed at all on the market as food for normal consumption if those minerals, vitamins, amino acids or micronutrients are not added; or |
| --- | --- | --- | --- |

(3)

in Article 27(1), point (f) is replaced by the following:

‘(f)

minerals (trace elements included), vitamins, amino acids and micronutrients, provided that:

(i)

their use in food for normal consumption is ‘directly legally required’, in the meaning of being directly required by provisions of Union law or provisions of national law compatible with Union law, with the consequence that the food cannot be placed at all on the market as food for normal consumption if those minerals, vitamins, amino acids or micronutrients are not added; or

| (ii) | as regards food placed on the market as having particular characteristics or effects in relation to health or nutrition or in relation to needs of specific groups of consumers:






  — | in products referred to in points (a) and (b) of Article 1(1) of Regulation (EU) No 609/2013 of the European Parliament and of the Council (*1), their use is authorised by that Regulation and acts adopted on the basis of Article 11(1) of that Regulation for the products concerned, |
| --- | --- | --- |

(ii)

as regards food placed on the market as having particular characteristics or effects in relation to health or nutrition or in relation to needs of specific groups of consumers:

—

in products referred to in points (a) and (b) of Article 1(1) of Regulation (EU) No 609/2013 of the European Parliament and of the Council (*1), their use is authorised by that Regulation and acts adopted on the basis of Article 11(1) of that Regulation for the products concerned,

*1

| — | in products regulated by Commission Directive 2006/125/EC (*2), their use is authorised by that Directive, or |
| --- | --- |

—

in products regulated by Commission Directive 2006/125/EC (*2), their use is authorised by that Directive, or

*2

| — | in products regulated by Commission Directive 2006/141/EC (*3), their use is authorised by that Directive. |
| --- | --- |

—

in products regulated by Commission Directive 2006/141/EC (*3), their use is authorised by that Directive.

*3

(*1)  Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (OJ L 181, 29.6.2013, p. 35)."

*1

(*2)  Commission Directive 2006/125/EC of 5 December 2006 on processed cereal-based foods and baby foods for infants and young children (OJ L 339, 6.12.2006, p. 16)."

*2

(*3)  Commission Directive 2006/141/EC of 22 December 2006 on infant formulae and follow-on formulae and amending Directive 1999/21/EC (OJ L 401, 30.12.2006, p. 1).’;"

*3

| (4) | in Article 42(b), the date ‘31 December 2018’ is replaced by ‘31 December 2020’; |
| --- | --- |

(4)

in Article 42(b), the date ‘31 December 2018’ is replaced by ‘31 December 2020’;

| (5) | in Article 43, the second subparagraph is replaced by the following:
  ‘The maximum percentage of non-organic protein feed authorised per period of 12 months for those species shall be 5 % for calendar years 2018, 2019 and 2020.’; |
| --- | --- |

(5)

in Article 43, the second subparagraph is replaced by the following:

‘The maximum percentage of non-organic protein feed authorised per period of 12 months for those species shall be 5 % for calendar years 2018, 2019 and 2020.’;

| (6) | in Article 92a, the following paragraph 1a is inserted:

  ‘1a.   Where a Member State finds irregularities or infringements relating to the application of this Regulation with regard to a product coming from that Member State and bearing indications as referred to in Title IV of Regulation (EC) No 834/2007 and in Title III of this Regulation or in Annex XI to this Regulation, and if such irregularities or infringements have implications for one or more other Member States, it shall notify the Member State or States concerned, the other Member States and the Commission without delay via the system referred to in Article 94(1) of this Regulation.’; |
| --- | --- |

(6)

in Article 92a, the following paragraph 1a is inserted:

‘1a.   Where a Member State finds irregularities or infringements relating to the application of this Regulation with regard to a product coming from that Member State and bearing indications as referred to in Title IV of Regulation (EC) No 834/2007 and in Title III of this Regulation or in Annex XI to this Regulation, and if such irregularities or infringements have implications for one or more other Member States, it shall notify the Member State or States concerned, the other Member States and the Commission without delay via the system referred to in Article 94(1) of this Regulation.’;

| (7) | Annex I is replaced by the text set out in Annex I to this Regulation; |
| --- | --- |

(7)

Annex I is replaced by the text set out in Annex I to this Regulation;

| (8) | Annex II is replaced by the text set out in Annex II to this Regulation; |
| --- | --- |

(8)

Annex II is replaced by the text set out in Annex II to this Regulation;

| (9) | Annex VIIIa is replaced by the text set out in Annex III to this Regulation. |
| --- | --- |

(9)

Annex VIIIa is replaced by the text set out in Annex III 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.

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

Done at Brussels, 22 October 2018.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 189, 20.7.2007, p. 1.

1

(2)  Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ L 250, 18.9.2008, p. 1).

2

(3)  Judgment of the Court of Justice of 5 November 2015, C-137/13, ECLI:EU:C:2014:2335.

3

(4)  Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1).

4

(5)  Final Report on Fertilisers (II) https://ec.europa.eu/agriculture/organic/eu-policy/expert-advice/documents/final-reports_en.

5

(6)  Final report on plant protection (III) https://ec.europa.eu/agriculture/organic/eu-policy/expert-advice/documents/final-reports_en.

6

(7)  Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions (OJ L 193, 24.7.2009, p. 1).

7

(8)  Final report on Wine https://ec.europa.eu/agriculture/organic/eu-policy/expert-advice/documents/final-reports_en.

8

(9)  Final report on cleaning and disinfecting https://ec.europa.eu/agriculture/organic/sites/orgfarming/files/docs/body/final_report_egtop_on_cleaning_disinfection_en.pdf

9

---

ANNEX I

‘ANNEX I

Fertilisers, soil conditioners and nutrients referred to in Article 3(1) and Article 6d(2)

Note:

| A | : | authorised under Regulation (EEC) No 2092/91 and carried over by Article 16(3)(c) of Regulation (EC) No 834/2007 |
| --- | --- | --- |
| B | : | authorised under Regulation (EC) No 834/2007 |

A

:

authorised under Regulation (EEC) No 2092/91 and carried over by Article 16(3)(c) of Regulation (EC) No 834/2007

B

:

authorised under Regulation (EC) No 834/2007

| Authorisation | Name
  Compound products or products containing only materials listed hereunder: | Description, compositional requirements, conditions for use |
| --- | --- | --- |
| A | Farmyard manure | Product comprising a mixture of animal excrements and vegetable matter (animal bedding).
  Factory farming origin forbidden |
| A | Dried farmyard manure and dehydrated poultry manure | Factory farming origin forbidden |
| A | Composted animal excrements, including poultry manure and composted farmyard manure included | Factory farming origin forbidden |
| A | Liquid animal excrements | Use after controlled fermentation and/or appropriate dilution
  Factory farming origin forbidden |
| B | Composted or fermented mixture of household waste | Product obtained from source separated household waste, which has been submitted to composting or to anaerobic fermentation for biogas production
  Only vegetable and animal household waste
  Only when produced in a closed and monitored collection system, accepted by the Member State
  Maximum concentrations in mg/kg of dry matter:
  cadmium: 0,7; copper: 70; nickel: 25; lead: 45; zinc: 200; mercury: 0,4; chromium (total): 70; chromium (VI): not detectable |
| A | Peat | Use limited to horticulture (market gardening, floriculture, arboriculture, nursery) |
| A | Mushroom culture wastes | The initial composition of the substrate shall be limited to products of this Annex |
| A | Dejecta of worms (vermicompost) and insects | |
| A | Guano | |
| A | Composted or fermented mixture of vegetable matter | Product obtained from mixtures of vegetable matter, which have been submitted to composting or to anaerobic fermentation for biogas production |
| B | Biogas digestate containing animal by-products co-digested with material of plant or animal origin as listed in this Annex | Animal by-products (including by-products of wild animals) of category 3 and digestive tract content of category 2 (categories 2 and 3 as defined in Regulation (EC) No 1069/2009 of the European Parliament and of the Council (1) must not be from factory farming origin.
  The Processes have to be in accordance with Commission Regulation (EU) No 142/2011 (2).
  Not to be applied to edible parts of the crop |
| B | Products or by-products of animal origin as below: | Blood meal |

Authorisation

Name

Compound products or products containing only materials listed hereunder:

Description, compositional requirements, conditions for use

A

Farmyard manure

Product comprising a mixture of animal excrements and vegetable matter (animal bedding).

Factory farming origin forbidden

A

Dried farmyard manure and dehydrated poultry manure

Factory farming origin forbidden

A

Composted animal excrements, including poultry manure and composted farmyard manure included

Factory farming origin forbidden

A

Liquid animal excrements

Use after controlled fermentation and/or appropriate dilution

Factory farming origin forbidden

B

Composted or fermented mixture of household waste

Product obtained from source separated household waste, which has been submitted to composting or to anaerobic fermentation for biogas production

Only vegetable and animal household waste

Only when produced in a closed and monitored collection system, accepted by the Member State

Maximum concentrations in mg/kg of dry matter:

cadmium: 0,7; copper: 70; nickel: 25; lead: 45; zinc: 200; mercury: 0,4; chromium (total): 70; chromium (VI): not detectable

A

Peat

Use limited to horticulture (market gardening, floriculture, arboriculture, nursery)

A

Mushroom culture wastes

The initial composition of the substrate shall be limited to products of this Annex

A

Dejecta of worms (vermicompost) and insects

A

Guano

A

Composted or fermented mixture of vegetable matter

Product obtained from mixtures of vegetable matter, which have been submitted to composting or to anaerobic fermentation for biogas production

B

Biogas digestate containing animal by-products co-digested with material of plant or animal origin as listed in this Annex

Animal by-products (including by-products of wild animals) of category 3 and digestive tract content of category 2 (categories 2 and 3 as defined in Regulation (EC) No 1069/2009 of the European Parliament and of the Council (1) must not be from factory farming origin.

The Processes have to be in accordance with Commission Regulation (EU) No 142/2011 (2).

Not to be applied to edible parts of the crop

B

Products or by-products of animal origin as below:

Blood meal

| | Hoof meal |
| --- | --- |

Hoof meal

| | Horn meal |
| --- | --- |

Horn meal

| | Bone meal or degelatinised bone meal |
| --- | --- |

Bone meal or degelatinised bone meal

| | Fish meal |
| --- | --- |

Fish meal

| | Meat meal |
| --- | --- |

Meat meal

| | Feather, hair and “chiquette” meal |
| --- | --- |

Feather, hair and “chiquette” meal

| | Wool |
| --- | --- |

Wool

| | Fur (1) |
| --- | --- |

Fur (1)

| | Hair |
| --- | --- |

Hair

| | Dairy products |
| --- | --- |

Dairy products

| | Hydrolysed proteins (2) |
| --- | --- |

Hydrolysed proteins (2)

| (1) | Maximum concentration in mg/kg of dry matter of chromium (VI): not detectable |
| --- | --- |

(1)

Maximum concentration in mg/kg of dry matter of chromium (VI): not detectable

| (2) | Not to be applied to edible parts of the crop |
| --- | --- |

(2)

Not to be applied to edible parts of the crop

A

Products and by-products of plant origin for fertilisers

Examples: oilseed cake meal, cocoa husks, malt culms

B

Hydrolysed proteins of plant origin

A

Seaweeds and seaweed products

As far as directly obtained by:

| (i) | physical processes including dehydration, freezing and grinding |
| --- | --- |

(i)

physical processes including dehydration, freezing and grinding

| (ii) | extraction with water or aqueous acid and/or alkaline solution |
| --- | --- |

(ii)

extraction with water or aqueous acid and/or alkaline solution

| (iii) | fermentation |
| --- | --- |

(iii)

fermentation

A

Sawdust and wood chips

Wood not chemically treated after felling

A

Composted bark

Wood not chemically treated after felling

A

Wood ash

From wood not chemically treated after felling

A

Soft ground rock phosphate

Product as specified in point 7 of Annex IA.2. to Regulation (EC) No 2003/2003 of the European Parliament and of the Council (3) relating to fertilisers

Cadmium content less than or equal to 90 mg/kg of P205

A

Aluminium-calcium phosphate

Product as specified in point 6 of Annex IA.2. of Regulation (EC) No 2003/2003,

Cadmium content less than or equal to 90 mg/kg of P205

Use limited to basic soils (pH > 7,5)

A

Basic slag

Products as specified in point 1 of Annex IA.2. of Regulation 2003/2003

A

Crude potassium salt or kainit

Products as specified in point 1 of Annex IA.3. of Regulation 2003/2003

A

Potassium sulphate, possibly containing magnesium salt

Product obtained from crude potassium salt by a physical extraction process, containing possibly also magnesium salts

A

Stillage and stillage extract

Ammonium stillage excluded

A

Calcium carbonate

(chalk, marl, ground limestone, Breton ameliorant, (maerl), phosphate chalk)

Only of natural origin

A

Magnesium and calcium carbonate

Only of natural origin

e.g. magnesian chalk, ground magnesium, limestone

A

Magnesium sulphate (kieserite)

Only of natural origin

A

Calcium chloride solution

Foliar treatment of apple trees, after identification of deficit of calcium

A

Calcium sulphate (gypsum)

Products as specified in point 1 of Annex ID. of Regulation (EC) No 2003/2003

Only of natural origin

A, B

Industrial lime from sugar production

By-product of sugar production from sugar beet and sugar cane

A

Industrial lime from vacuum salt production

By-product of the vacuum salt production from brine found in mountains

A

Elemental sulphur

Products as specified in Annex ID.3 of Regulation 2003/2003

A

Trace elements

Inorganic micronutrients listed in part E of Annex I to Regulation 2003/2003

A

Sodium chloride

Only mined salt

A

Stone meal and clays

B

Leonardite (Raw organic sediment rich in humic acids)

Only if obtained as a by-product of mining activities

B

Xylite

Only if obtained as a by-product of mining activities (e.g. by-product of brown coal mining)

B

Chitin (Polysaccharide obtained from the shell of crustaceans)

Only if obtained from sustainable fisheries, as defined in Article 3(e) of Council Regulation (EC) No 2371/2002 (4) or organic aquaculture

B

Organic rich sediment from fresh water bodies formed under exclusion of oxygen

(e.g. sapropel)

Only organic sediments that are by-products of fresh water body management or extracted from former freshwater areas

When applicable, extraction should be done in a way to cause minimal impact on the aquatic system

Only sediments derived from sources free from contaminations of pesticides, persistent organic pollutants and petrol like substances

Maximum concentrations in mg/kg of dry matter:

cadmium: 0,7; copper: 70; nickel: 25; lead: 45; zinc: 200; mercury: 0,4; chromium (total): 70; chromium (VI): not detectable

---

(1)  Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1).

1

(2)  Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (OJ L 54, 26.2.2011, p. 1).

2

(3)  
  OJ L 304, 21.11.2003, p. 1.

3

(4)  Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ L 358, 31.12.2002, p. 59).

4

---

ANNEX II

‘ANNEX II

Pesticides — Plant protection products referred to in Article 5(1)

All the substances listed in this Annex have to comply at least with the conditions for use as specified in the Annex to Implementing Regulation (EU) No 540/2011 (1). More restrictive conditions for use for organic production are specified in the second column of each table

1.   Substances of plant or animal origin

| Name | Description, compositional requirement, conditions for use |
| --- | --- |
| Allium sativum (Garlic extract) | |
| Azadirachtin extracted from Azadirachta indica (Neem tree) | |
| Basic substances (including:. Lecithins, sucrose, fructose, vinegar, whey, chitosan hydrochloride (2), and Equisetum arvense etc.) | Only those basic substances as defined by Article 23 of Regulation (EC) No 1107/2009 (3) which are food as defined in Article 2 of Regulation (EC) No 178/2002 and have plant or animal origin
  Substances not to be used as herbicides, but only for the control of pests and diseases. |
| Beeswax | Only as pruning agent/wound protectant |
| COS-OGA | |
| Hydrolysed proteins excluding gelatine | |
| Laminarin | Kelp shall be either grown organically in accordance with Article 6d or harvested in a sustainable way in accordance with Article 6c |
| Pheromones | Only in traps and dispensers. |
| Plant oils | All uses authorised, except herbicide. |
| Pyrethrins extracted from Chrysanthemum cinerariaefolium | |
| Pyrethroids (only deltamethrin or lambdacyhalothrin) | Only in traps with specific attractants; only against Bactrocera oleae and Ceratitis capitata Wied |
| Quassia extracted from Quassia amara | Only as Insecticide, repellent |
| Repellents by smell of animal or plant origin/sheep fat | Only on non-edible parts of the crop and where crop material is not ingested by sheep or goats |
| Salix spp. Cortex (aka willow bark extract) | |

Name

Description, compositional requirement, conditions for use

Allium sativum (Garlic extract)

Azadirachtin extracted from Azadirachta indica (Neem tree)

Basic substances (including:. Lecithins, sucrose, fructose, vinegar, whey, chitosan hydrochloride (2), and Equisetum arvense etc.)

Only those basic substances as defined by Article 23 of Regulation (EC) No 1107/2009 (3) which are food as defined in Article 2 of Regulation (EC) No 178/2002 and have plant or animal origin

Substances not to be used as herbicides, but only for the control of pests and diseases.

Beeswax

Only as pruning agent/wound protectant

COS-OGA

Hydrolysed proteins excluding gelatine

Laminarin

Kelp shall be either grown organically in accordance with Article 6d or harvested in a sustainable way in accordance with Article 6c

Pheromones

Only in traps and dispensers.

Plant oils

All uses authorised, except herbicide.

Pyrethrins extracted from Chrysanthemum cinerariaefolium

Pyrethroids (only deltamethrin or lambdacyhalothrin)

Only in traps with specific attractants; only against Bactrocera oleae and Ceratitis capitata Wied

Quassia extracted from Quassia amara

Only as Insecticide, repellent

Repellents by smell of animal or plant origin/sheep fat

Only on non-edible parts of the crop and where crop material is not ingested by sheep or goats

Salix spp. Cortex (aka willow bark extract)

2.   Micro-organisms or substances produced by micro-organisms

| Name | Description, compositional requirement, conditions for use |
| --- | --- |
| Micro-organisms | Not from GMO origin |
| Spinosad | |

Name

Description, compositional requirement, conditions for use

Micro-organisms

Not from GMO origin

Spinosad

3.   Substances other than those mentioned in Sections 1 and 2

| Name | Description, compositional requirement, conditions or restrictions to use |
| --- | --- |
| Aluminium silicate (Kaolin) | |
| Calcium hydroxide | When used as Fungicide, only in fruit trees, including nurseries, to control Nectria galligena |
| Carbon dioxide | |
| Copper compounds in the form of: copper hydroxide, copper oxychloride, copper oxide, Bordeaux mixture, and tribasic copper sulphate | Up to 6 kg copper per ha per year.
  For perennial crops, Member States may, by derogation from the previous paragraph, provide that the 6 kg copper limit can be exceeded in a given year provided that the average quantity actually used over a 5-year period consisting of that year and of the four preceding years does not exceed 6 kg. |
| Diammonium phosphate | Only as attractant in traps |
| Ethylene | Only indoor uses as plant growth regulator may be authorised. Authorisations shall be limited to professional users. |
| Fatty acids | All uses authorised, except herbicide |
| Ferric phosphate (iron (III) orthophosphate) | Preparations to be surface-spread between cultivated plants |
| Kieselgur (diatomaceous earth) | |
| Lime sulphur (calcium polysulphide) | |
| Paraffin oil | |
| Potassium and sodium hydrogen carbonate (aka potassium/sodium bicarbonate) | |
| Quartz sand | |
| Sulphur | |

Name

Description, compositional requirement, conditions or restrictions to use

Aluminium silicate (Kaolin)

Calcium hydroxide

When used as Fungicide, only in fruit trees, including nurseries, to control Nectria galligena

Carbon dioxide

Copper compounds in the form of: copper hydroxide, copper oxychloride, copper oxide, Bordeaux mixture, and tribasic copper sulphate

Up to 6 kg copper per ha per year.

For perennial crops, Member States may, by derogation from the previous paragraph, provide that the 6 kg copper limit can be exceeded in a given year provided that the average quantity actually used over a 5-year period consisting of that year and of the four preceding years does not exceed 6 kg.

Diammonium phosphate

Only as attractant in traps

Ethylene

Only indoor uses as plant growth regulator may be authorised. Authorisations shall be limited to professional users.

Fatty acids

All uses authorised, except herbicide

Ferric phosphate (iron (III) orthophosphate)

Preparations to be surface-spread between cultivated plants

Kieselgur (diatomaceous earth)

Lime sulphur (calcium polysulphide)

Paraffin oil

Potassium and sodium hydrogen carbonate (aka potassium/sodium bicarbonate)

Quartz sand

Sulphur

---

(1)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

1

(2)  Obtained from sustainable fisheries or organic aquaculture

2

(3)  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 (OJ L 309, 24.11.2009, p. 1).

3

---

ANNEX III

‘ANNEX VIIIa

Products and substances authorised for use or addition in organic products of the wine sector referred to in Article 29c

| Type of treatment in accordance with Annex I A to Regulation (EC) No 606/2009 | Name of products or substances | Specific conditions, restrictions within the limits and conditions set out in Regulation (EC) No 1234/2007 and Regulation (EC) No 606/2009 |
| --- | --- | --- |
| Point 1: Use for aeration or oxygenation | — | Air |

Type of treatment in accordance with Annex I A to Regulation (EC) No 606/2009

Name of products or substances

Specific conditions, restrictions within the limits and conditions set out in Regulation (EC) No 1234/2007 and Regulation (EC) No 606/2009

Point 1: Use for aeration or oxygenation

—

Air

| — | Gaseous oxygen |
| --- | --- |

—

Gaseous oxygen

Point 3: Centrifuging and filtration

| — | Perlite |
| --- | --- |

—

Perlite

| — | Cellulose |
| --- | --- |

—

Cellulose

| — | Diatomeceous earth |
| --- | --- |

—

Diatomeceous earth

Use only as an inert filtering agent

Point 4: Use in order to create an inert atmosphere and to handle the product shielded from the air

| — | Nitrogen |
| --- | --- |

—

Nitrogen

| — | Carbon dioxide |
| --- | --- |

—

Carbon dioxide

| — | Argon |
| --- | --- |

—

Argon

Points 5, 15 and 21: Use

| — | Yeasts (1) |
| --- | --- |

—

Yeasts (1)

Point 6: Use

| — | Di-ammonium phosphate |
| --- | --- |

—

Di-ammonium phosphate

| — | Thiamine hydrochloride |
| --- | --- |

—

Thiamine hydrochloride

| — | Inactivated yeast, autolysates of yeast and yeast hulls |
| --- | --- |

—

Inactivated yeast, autolysates of yeast and yeast hulls

Point 7: Use

| — | Sulphur dioxide |
| --- | --- |

—

Sulphur dioxide

| — | Potassium bisulphite or potassium metabisulphite |
| --- | --- |

—

Potassium bisulphite or potassium metabisulphite

| (a) | The maximum sulphur dioxide content shall not exceed 100 milligrams per litre for red wines as referred to in point 1(a) of Part A of Annex I B to Regulation (EC) No 606/2009 and with a residual sugar level lower than 2 grams per litre; |
| --- | --- |

(a)

The maximum sulphur dioxide content shall not exceed 100 milligrams per litre for red wines as referred to in point 1(a) of Part A of Annex I B to Regulation (EC) No 606/2009 and with a residual sugar level lower than 2 grams per litre;

| (b) | The maximum sulphur dioxide content shall not exceed 150 milligrams per litre for white and rosé wines as referred to in point 1(b) of Part A of Annex I B to Regulation (EC) No 606/2009 and with a residual sugar level lower than 2 grams per litre; |
| --- | --- |

(b)

The maximum sulphur dioxide content shall not exceed 150 milligrams per litre for white and rosé wines as referred to in point 1(b) of Part A of Annex I B to Regulation (EC) No 606/2009 and with a residual sugar level lower than 2 grams per litre;

| (c) | For all other wines, the maximum sulphur dioxide content applied in accordance with Annex I B to Regulation (EC) No 606/2009 on 1 August 2010, shall be reduced by 30 milligrams per litre. |
| --- | --- |

(c)

For all other wines, the maximum sulphur dioxide content applied in accordance with Annex I B to Regulation (EC) No 606/2009 on 1 August 2010, shall be reduced by 30 milligrams per litre.

Point 9: Use

| — | Charcoal for oenological use |
| --- | --- |

—

Charcoal for oenological use

Point 10: Clarification

| — | Edible gelatine (2) |
| --- | --- |

—

Edible gelatine (2)

| — | Plant proteins from wheat or peas (2) |
| --- | --- |

—

Plant proteins from wheat or peas (2)

| — | Isinglass (2) |
| --- | --- |

—

Isinglass (2)

| — | Egg white albumin (2) |
| --- | --- |

—

Egg white albumin (2)

| — | Tannins (2) |
| --- | --- |

—

Tannins (2)

| — | Potato proteins (2) |
| --- | --- |

—

Potato proteins (2)

| — | Yeast protein extracts (2) |
| --- | --- |

—

Yeast protein extracts (2)

| — | Casein |
| --- | --- |

—

Casein

| — | Chitosan derived from Aspergillus niger |
| --- | --- |

—

Chitosan derived from Aspergillus niger

| — | Potassium caseinate |
| --- | --- |

—

Potassium caseinate

| — | Silicon dioxide |
| --- | --- |

—

Silicon dioxide

| — | Bentonite |
| --- | --- |

—

Bentonite

| — | Pectolytic enzymes |
| --- | --- |

—

Pectolytic enzymes

Point 12: Use for acidification purposes

| — | Lactic acid |
| --- | --- |

—

Lactic acid

| — | L(+)Tartaric acid |
| --- | --- |

—

L(+)Tartaric acid

Point 13: Use for deacidification purposes

| — | L(+)Tartaric acid |
| --- | --- |

—

L(+)Tartaric acid

| — | Calcium carbonate |
| --- | --- |

—

Calcium carbonate

| — | Neutral potassium tartrate |
| --- | --- |

—

Neutral potassium tartrate

| — | Potassium bicarbonate |
| --- | --- |

—

Potassium bicarbonate

Point 14: Addition

| — | Aleppo pine resin |
| --- | --- |

—

Aleppo pine resin

Point 17: Use

| — | Lactic bacteria |
| --- | --- |

—

Lactic bacteria

Point 19: Addition

| — | L-Ascorbic acid |
| --- | --- |

—

L-Ascorbic acid

Point 22: Use for bubbling

| — | Nitrogen |
| --- | --- |

—

Nitrogen

Point 23: Addition

| — | Carbon dioxide |
| --- | --- |

—

Carbon dioxide

Point 24: Addition for wine stabilisation purposes

| — | Citric acid |
| --- | --- |

—

Citric acid

Point 25: Addition

| — | Tannins (2) |
| --- | --- |

—

Tannins (2)

Point 27: Addition

| — | Meta-tartaric acid |
| --- | --- |

—

Meta-tartaric acid

Point 28: Use

| — | Acacia gum (2) (= gum arabic) |
| --- | --- |

—

Acacia gum (2) (= gum arabic)

Point 30: Use

| — | Potassium bitartrate |
| --- | --- |

—

Potassium bitartrate

Point 31: Use

| — | Cupric citrate |
| --- | --- |

—

Cupric citrate

Point 31: Use

| — | Copper sulphate |
| --- | --- |

—

Copper sulphate

Point 35: Use

| — | Yeast mannoproteins |
| --- | --- |

—

Yeast mannoproteins

Point 38: Use

| — | Oak chips |
| --- | --- |

—

Oak chips

Point 39: Use

| — | Potassium alginate |
| --- | --- |

—

Potassium alginate

Point 44: Use

| — | Chitosan derived from Aspergillus niger |
| --- | --- |

—

Chitosan derived from Aspergillus niger

Point 51: Use

| — | Inactivated yeast |
| --- | --- |

—

Inactivated yeast

Type of treatment in accordance with Annex III, point A(2)(b) to Regulation (EC) No 606/2009

| — | Calcium sulphate |
| --- | --- |

—

Calcium sulphate

Only for “vino generoso” or “vino generoso de licor”

---

(1)  For the individual yeast strains: if available, derived from organic raw material.

1

(2)  Derived from organic raw material if available.

2

---

| 23.10.2018 | EN | Official Journal of the European Union | L 264/13 |
| --- | --- | --- | --- |

23.10.2018

EN

Official Journal of the European Union

L 264/13

---

COMMISSION IMPLEMENTING REGULATION (EU) 2018/1585

of 22 October 2018

establishing a derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast and the minimum sea depth for purse seines fishing in territorial waters of Croatia

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (1), and in particular Article 13(5) thereof,

Whereas:

| (1) | Article 13(3) of Regulation (EC) No 1967/2006 prohibits the use of purse seines within 300 metres of the coast or within the 50 m isobath where that depth is reached at a shorter distance from the coast. |
| --- | --- |

(1)

Article 13(3) of Regulation (EC) No 1967/2006 prohibits the use of purse seines within 300 metres of the coast or within the 50 m isobath where that depth is reached at a shorter distance from the coast.

| (2) | At the request of a Member State, the Commission may allow a derogation from Article 13(3) of Regulation (EC) No 1967/2006, provided that a number of conditions set out in Article 13(5) and (9) are fulfilled. |
| --- | --- |

(2)

At the request of a Member State, the Commission may allow a derogation from Article 13(3) of Regulation (EC) No 1967/2006, provided that a number of conditions set out in Article 13(5) and (9) are fulfilled.

| (3) | On 20 June 2016 the Commission received a request from Croatia for a derogation from Article 13(3) of that Regulation, for the use of traditional purse seine ‘ciplarica’ fishing for mullets (Mugilidae), traditional purse seine ‘palamidara’ fishing for bonito (Sarda sarda), bullet tuna (Auxis rochei), little tunny (Euthynnus alletteratus) and greater amberjack (Seriola dumerili), traditional purse seine ‘oližnica’ fishing for sand smelt (Atherina boyeri) and traditional purse seine ‘igličara’ fishing for needle fish (Belone belone) within territorial Croatian waters. |
| --- | --- |

(3)

On 20 June 2016 the Commission received a request from Croatia for a derogation from Article 13(3) of that Regulation, for the use of traditional purse seine ‘ciplarica’ fishing for mullets (Mugilidae), traditional purse seine ‘palamidara’ fishing for bonito (Sarda sarda), bullet tuna (Auxis rochei), little tunny (Euthynnus alletteratus) and greater amberjack (Seriola dumerili), traditional purse seine ‘oližnica’ fishing for sand smelt (Atherina boyeri) and traditional purse seine ‘igličara’ fishing for needle fish (Belone belone) within territorial Croatian waters.

| (4) | The request concerns fishing activities already authorised by Croatia and covers vessels and gears which have a track record in the fishery of more than five years and operate under the management plan implemented by Croatia by Ministerial Ordinance (2) in accordance with Article 19(2) of Regulation (EC) No 1967/2006 on 30 March 2018 (‘Croatian management plan’). |
| --- | --- |

(4)

The request concerns fishing activities already authorised by Croatia and covers vessels and gears which have a track record in the fishery of more than five years and operate under the management plan implemented by Croatia by Ministerial Ordinance (2) in accordance with Article 19(2) of Regulation (EC) No 1967/2006 on 30 March 2018 (‘Croatian management plan’).

| (5) | The Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the derogation requested by Croatia and the related management plan in April 2016, July 2016, October 2016 and March 2017. STECF highlighted need for clarifications on fishing gears used, bycatches, monitoring and scientific data. Croatia provided adequate clarifications to the Commission and revised accordingly the management plan by introducing additional measures on control, fleet management, data collection and monitoring. |
| --- | --- |

(5)

The Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the derogation requested by Croatia and the related management plan in April 2016, July 2016, October 2016 and March 2017. STECF highlighted need for clarifications on fishing gears used, bycatches, monitoring and scientific data. Croatia provided adequate clarifications to the Commission and revised accordingly the management plan by introducing additional measures on control, fleet management, data collection and monitoring.

| (6) | The derogation requested by Croatia complies with the conditions set out in Article 13(5) and (9) of Regulation (EC) No 1967/2006. |
| --- | --- |

(6)

The derogation requested by Croatia complies with the conditions set out in Article 13(5) and (9) of Regulation (EC) No 1967/2006.

| (7) | In particular, there are specific geographical constraints given both the distinct morphological structure of Croatia, comprising of long coastline including numerous islands and the spatial distribution of the target species, which is exclusively limited in certain specific sites and zones in the coastal areas at depths of less than 50 meters. The fishing grounds are therefore limited. |
| --- | --- |

(7)

In particular, there are specific geographical constraints given both the distinct morphological structure of Croatia, comprising of long coastline including numerous islands and the spatial distribution of the target species, which is exclusively limited in certain specific sites and zones in the coastal areas at depths of less than 50 meters. The fishing grounds are therefore limited.

| (8) | The fishery cannot be undertaken with other gears, since only purse seines have the technical characteristic necessary to carry out this type of fishery. |
| --- | --- |

(8)

The fishery cannot be undertaken with other gears, since only purse seines have the technical characteristic necessary to carry out this type of fishery.

| (9) | Moreover, the fishery has no significant impact on the marine environment, as purse seines are very selective gears, they do not touch the seabed and cannot operate above the Posidonia oceanica seabed. |
| --- | --- |

(9)

Moreover, the fishery has no significant impact on the marine environment, as purse seines are very selective gears, they do not touch the seabed and cannot operate above the Posidonia oceanica seabed.

| (10) | The request covers 52 vessels. The derogation requested by Croatia therefore affects a limited number of vessels, compared with the large distribution area of the purse seine fleet, representing less than 1 % of the entire Croatian fleet and 16 825,84 gross tonnage (GT). |
| --- | --- |

(10)

The request covers 52 vessels. The derogation requested by Croatia therefore affects a limited number of vessels, compared with the large distribution area of the purse seine fleet, representing less than 1 % of the entire Croatian fleet and 16 825,84 gross tonnage (GT).

| (11) | Those vessels are included on a list communicated to the Commission in accordance with Article 13(9) of Regulation (EC) No 1967/2006. |
| --- | --- |

(11)

Those vessels are included on a list communicated to the Commission in accordance with Article 13(9) of Regulation (EC) No 1967/2006.

| (12) | The Croatian the management plan sets out all relevant definitions on the fisheries concerned and guarantees no further increase of the fishing effort in accordance with Article 13(9) of Regulation (EC) No 1967/2006 as fishing authorisations will be issued only to specified 52 vessels that are authorised to fish by Croatia. In this respect it is noted that in line with the Croatian management plan and the Ministerial Ordinance, use of purse seine ‘oližnica’ is permitted only in the fishing grounds in the area between Cape Lako and Cape Crna Punta and in the fishing subzones stated as ‘E4’ and ‘F2’, whereas for all traditional purse seines (‘ciplarica’, ‘palamidara’, ‘igličara’ and ‘oližnica’) fishing grounds exclude areas identified as national parks and special habitats, where fishing is strictly prohibited, which is the case for the area south-east from Cape St Peter. |
| --- | --- |

(12)

The Croatian the management plan sets out all relevant definitions on the fisheries concerned and guarantees no further increase of the fishing effort in accordance with Article 13(9) of Regulation (EC) No 1967/2006 as fishing authorisations will be issued only to specified 52 vessels that are authorised to fish by Croatia. In this respect it is noted that in line with the Croatian management plan and the Ministerial Ordinance, use of purse seine ‘oližnica’ is permitted only in the fishing grounds in the area between Cape Lako and Cape Crna Punta and in the fishing subzones stated as ‘E4’ and ‘F2’, whereas for all traditional purse seines (‘ciplarica’, ‘palamidara’, ‘igličara’ and ‘oližnica’) fishing grounds exclude areas identified as national parks and special habitats, where fishing is strictly prohibited, which is the case for the area south-east from Cape St Peter.

| (13) | The fishing activities concerned fulfil the requirements of Article 4 of Regulation (EC) No 1967/2006 which prohibits fishing above those habitats. Indeed, the seines are hauled in the water column and do not touch the seabed. |
| --- | --- |

(13)

The fishing activities concerned fulfil the requirements of Article 4 of Regulation (EC) No 1967/2006 which prohibits fishing above those habitats. Indeed, the seines are hauled in the water column and do not touch the seabed.

| (14) | The requirements of Article 8(1)(h) of Regulation (EC) No 1967/2006 are not applicable since they relate to trawlers. |
| --- | --- |

(14)

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

| (15) | As regards the requirement to comply with Article 9(3) establishing the minimum mesh size, the Commission notes that in accordance with Article 9(7) of Regulation (EC) No 1967/2006, such derogation is not possible for purse seines. The Commission notes that Croatia did not authorise derogation from these provisions in its management plan. |
| --- | --- |

(15)

As regards the requirement to comply with Article 9(3) establishing the minimum mesh size, the Commission notes that in accordance with Article 9(7) of Regulation (EC) No 1967/2006, such derogation is not possible for purse seines. The Commission notes that Croatia did not authorise derogation from these provisions in its management plan.

| (16) | The fishing activities concerned take place at a very short distance from the coast and therefore do not interfere with the activities of other vessels. |
| --- | --- |

(16)

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

| (17) | The management plan ensures that catches of species mentioned in Annex III of Regulation (EC) No 1967/2006 are minimal since the targeted species are mullets (Mugilidae), bonito (Sarda sarda), bullet tuna (Auxis rochei), little tunny (Euthynnus alletteratus), greater amberjack (Seriola dumerili), sand smelt (Atherina boyeri) and needle fish (Belone belone) which are not mentioned in Annex III of the Regulation (EC) No 1967/2006. |
| --- | --- |

(17)

The management plan ensures that catches of species mentioned in Annex III of Regulation (EC) No 1967/2006 are minimal since the targeted species are mullets (Mugilidae), bonito (Sarda sarda), bullet tuna (Auxis rochei), little tunny (Euthynnus alletteratus), greater amberjack (Seriola dumerili), sand smelt (Atherina boyeri) and needle fish (Belone belone) which are not mentioned in Annex III of the Regulation (EC) No 1967/2006.

| (18) | Fishing activities are highly selective and do not target cephalopods. |
| --- | --- |

(18)

Fishing activities are highly selective and do not target cephalopods.

| (19) | The management plan includes measures for the monitoring of fishing activities, thus fulfilling the conditions set out in Article 14 of Council Regulation (EC) No 1224/2009 (3). |
| --- | --- |

(19)

The management plan includes measures for the monitoring of fishing activities, thus fulfilling the conditions set out in Article 14 of Council Regulation (EC) No 1224/2009 (3).

| (20) | The Croatian management plan includes measures for the monitoring of fishing activities, as provided for in the third subparagraph of Article 13(9) of Regulation (EC) No 1967/2006. |
| --- | --- |

(20)

The Croatian management plan includes measures for the monitoring of fishing activities, as provided for in the third subparagraph of Article 13(9) of Regulation (EC) No 1967/2006.

| (21) | Consequently, the requested derogation should be granted. |
| --- | --- |

(21)

Consequently, the requested derogation should be granted.

| (22) | Croatia should report to the Commission in regular intervals and in accordance with the monitoring plan provided for in the Croatian management plan. |
| --- | --- |

(22)

Croatia should report to the Commission in regular intervals and in accordance with the monitoring plan provided for in the Croatian management plan.

| (23) | A limitation in duration of the derogation will allow ensuring prompt corrective management measures in case the report to the Commission shows a poor conservation status of the exploited stock, while providing scope to enhance the scientific basis for an improved management plan. |
| --- | --- |

(23)

A limitation in duration of the derogation will allow ensuring prompt corrective management measures in case the report to the Commission shows a poor conservation status of the exploited stock, while providing scope to enhance the scientific basis for an improved management plan.

| (24) | The measures provided for in the Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture, |
| --- | --- |

(24)

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

HAS ADOPTED THIS REGULATION:

Article 1

Derogation

1.   Article 13(3), first paragraph of Regulation (EC) No 1967/2006, shall not apply in the territorial waters of Croatia to the following fisheries:

| (a) | mullets (Mugilidae) by purse seine ‘ciplarica’; |
| --- | --- |

(a)

mullets (Mugilidae) by purse seine ‘ciplarica’;

| (b) | bonito (Sarda sarda), bullet tuna (Auxis rochei), little tunny (Euthynnus alletteratus), greater amberjack (Seriola dumerili) by purse seine ‘palamidara’; |
| --- | --- |

(b)

bonito (Sarda sarda), bullet tuna (Auxis rochei), little tunny (Euthynnus alletteratus), greater amberjack (Seriola dumerili) by purse seine ‘palamidara’;

| (c) | sand smelt (Atherina boyeri) by purse seine ‘oližnica’; and |
| --- | --- |

(c)

sand smelt (Atherina boyeri) by purse seine ‘oližnica’; and

| (d) | needle fish (Belone belone) by purse seine ‘igličara’. |
| --- | --- |

(d)

needle fish (Belone belone) by purse seine ‘igličara’.

2.   The purse seines referred in paragraph 1 shall be used by vessels:

| (a) | bearing a registration number set out in the Croatian management plan adopted by Croatia in accordance with Article 19 of Regulation (EC) No 1967/2006; |
| --- | --- |

(a)

bearing a registration number set out in the Croatian management plan adopted by Croatia in accordance with Article 19 of Regulation (EC) No 1967/2006;

| (b) | having a track record in the fishery for more than five years and not involving any future increase in the fishing effort deployed; and |
| --- | --- |

(b)

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

| (c) | holding a fishing authorisation and operating under the Croatian management plan. |
| --- | --- |

(c)

holding a fishing authorisation and operating under the Croatian management plan.

Article 2

Monitoring plan and report

Croatia shall communicate to the Commission, within three years following the entry into force of this Regulation, a report drawn up in accordance with the monitoring plan established in the Croatian management plan.

Article 3

Entry into force

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

Official Journal of the European Union

It shall apply from 26 October 2018 to 26 October 2021.

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

Done at Brussels, 22 October 2018.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 36, 8.2.2007, p. 6.

1

(2)  Pravilnik o obavljanju gospodarskog ribolova na moru okružujućim mrežama plivaricom palamidarom, plivaricom ciplaricom, plivaricom lokardarom, plivaricom igličarom i plivaricom oližnicom, Narodne Novine, OJ 30/2018, as amended by Pravilnik o izmjenama Pravilnika o obavljanju gospodarskog ribolova na moru okružujućim mrežama plivaricom palamidarom, plivaricom ciplaricom, plivaricom lokardarom, plivaricom igličarom i plivaricom oližnicom, OJ 49/2018 and by Pravilnik o izmjenama i dopuni Pravilnika o obavljanju gospodarskog ribolova na moru okružujućim mrežama plivaricom palamidarom, plivaricom ciplaricom, plivaricom lokardarom, plivaricom igličarom i plivaricom oližnicom, OJ 62/2018

2

(3)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community 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 (OJ L 343, 22.12.2009, p. 1).

3

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| 23.10.2018 | EN | Official Journal of the European Union | L 264/16 |
| --- | --- | --- | --- |

23.10.2018

EN

Official Journal of the European Union

L 264/16

---

COMMISSION IMPLEMENTING REGULATION (EU) 2018/1586

of 22 October 2018

establishing a derogation from Council Regulation (EC) No 1967/2006 as regards the minimum distance from coast, the minimum sea depth and the prohibition to fish above protected habitats for shore seines fishing in territorial waters of Croatia

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (1), and in particular Article 4(5) and Article 13(5) and (10) thereof,

Whereas:

| (1) | Article 4(1) of Regulation (EC) No 1967/2006 prohibits fishing with trawl nets, dredges, purse seines, boat seines, shore seines or similar nets above seagrass beds of, in particular, Posidonia oceanica or other marine phanerogams. |
| --- | --- |

(1)

Article 4(1) of Regulation (EC) No 1967/2006 prohibits fishing with trawl nets, dredges, purse seines, boat seines, shore seines or similar nets above seagrass beds of, in particular, Posidonia oceanica or other marine phanerogams.

| (2) | At the request of a Member State, the Commission may allow a derogation from the first subparagraph of Article 4(1) of Regulation (EC) No 1967/2006, provided that a number of conditions set out in Article 4(5) are fulfilled. |
| --- | --- |

(2)

At the request of a Member State, the Commission may allow a derogation from the first subparagraph of Article 4(1) of Regulation (EC) No 1967/2006, provided that a number of conditions set out in Article 4(5) are fulfilled.

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

(3)

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

| (4) | At the request of a Member State, the Commission may allow a derogation from Articles 13(1) of Regulation (EC) No 1967/2006, provided that a number of conditions set out in Article 13(1) second paragraph, 13(5) and (9) are fulfilled. |
| --- | --- |

(4)

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

| (5) | On 26 January 2016 the Commission received a request from Croatia for a derogation from the first subparagraph of Article 13(1) of that Regulation, for the use of traditional shore seine of large mesh size ‘šabakun’, fishing for greater amberjack (Seriola dumerili), traditional shore seine ‘oližnica’, fishing for sand smelt (Atherina boyeri) and traditional shore seines ‘girarica’ and ‘migavica’, fishing for picarels (Spicara smaris) within the Croatian territorial waters. |
| --- | --- |

(5)

On 26 January 2016 the Commission received a request from Croatia for a derogation from the first subparagraph of Article 13(1) of that Regulation, for the use of traditional shore seine of large mesh size ‘šabakun’, fishing for greater amberjack (Seriola dumerili), traditional shore seine ‘oližnica’, fishing for sand smelt (Atherina boyeri) and traditional shore seines ‘girarica’ and ‘migavica’, fishing for picarels (Spicara smaris) within the Croatian territorial waters.

| (6) | With the same request, Croatia requested for a derogation from the first subparagraph of Article 4(1) of Regulation (EC) No 1967/2006, for the use of traditional shore seines ‘girarica’ and ‘migavica’, fishing for picarels (Spicara smaris). |
| --- | --- |

(6)

With the same request, Croatia requested for a derogation from the first subparagraph of Article 4(1) of Regulation (EC) No 1967/2006, for the use of traditional shore seines ‘girarica’ and ‘migavica’, fishing for picarels (Spicara smaris).

| (7) | The request concerns fishing activities already authorised by Croatia and covers vessels which have a track record in the fishery of more than five years and operate under the management plan implemented by Croatia by Ministerial Ordinance (2) in accordance with Article 19(2) of Regulation (EC) No 1967/2006 on 30 March 2018 (‘Croatian management plan’). |
| --- | --- |

(7)

The request concerns fishing activities already authorised by Croatia and covers vessels which have a track record in the fishery of more than five years and operate under the management plan implemented by Croatia by Ministerial Ordinance (2) in accordance with Article 19(2) of Regulation (EC) No 1967/2006 on 30 March 2018 (‘Croatian management plan’).

| (8) | The Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the derogation requested by Croatia and the related management plan in April and October 2016. STECF highlighted need for clarifications on fishing gears used, bycatches, monitoring and scientific data. Croatia provided adequate clarifications to the Commission and revised accordingly the management plan by introducing additional measures on control, fleet management, data collection and monitoring. |
| --- | --- |

(8)

The Scientific, Technical and Economic Committee for Fisheries (STECF) assessed the derogation requested by Croatia and the related management plan in April and October 2016. STECF highlighted need for clarifications on fishing gears used, bycatches, monitoring and scientific data. Croatia provided adequate clarifications to the Commission and revised accordingly the management plan by introducing additional measures on control, fleet management, data collection and monitoring.

| (9) | The derogations requested by Croatia comply with the conditions set out in Article 4(5) and Article 13(5) and (9) of Regulation (EC) No 1967/2006. |
| --- | --- |

(9)

The derogations requested by Croatia comply with the conditions set out in Article 4(5) and Article 13(5) and (9) of Regulation (EC) No 1967/2006.

| (10) | In particular, there are specific geographical constraints given both the distinct morphological structure of Croatia, comprising of long coastline including numerous islands and the spatial distribution of the target species, which is exclusively limited in certain specific sites and zones in the coastal areas at depths of less than 50 meters. The fishing grounds are therefore limited. |
| --- | --- |

(10)

In particular, there are specific geographical constraints given both the distinct morphological structure of Croatia, comprising of long coastline including numerous islands and the spatial distribution of the target species, which is exclusively limited in certain specific sites and zones in the coastal areas at depths of less than 50 meters. The fishing grounds are therefore limited.

| (11) | With respect to picarels fishing the request concerns fishing activities by vessels of less than or equal to 12 meters overall length and engine power of less than or equal to 85 kW with bottom towed nets traditionally undertaken on Posidonia beds, in accordance with the first subparagraph of Article 4(5) of Regulation (EC) No 1967/2006. In addition the fishing activity with respect to picarels fishing affect approximately 5 % of the area covered by seagrass beds of Posidonia oceanica within the area covered by the management plan and less than 5 % of seagrass beds in the territorial waters of Croatia, in accordance with the requirements of points (ii) and (iii) of the first subparagraph of Article 4(5) of Regulation (EC) No 1967/2006. |
| --- | --- |

(11)

With respect to picarels fishing the request concerns fishing activities by vessels of less than or equal to 12 meters overall length and engine power of less than or equal to 85 kW with bottom towed nets traditionally undertaken on Posidonia beds, in accordance with the first subparagraph of Article 4(5) of Regulation (EC) No 1967/2006. In addition the fishing activity with respect to picarels fishing affect approximately 5 % of the area covered by seagrass beds of Posidonia oceanica within the area covered by the management plan and less than 5 % of seagrass beds in the territorial waters of Croatia, in accordance with the requirements of points (ii) and (iii) of the first subparagraph of Article 4(5) of Regulation (EC) No 1967/2006.

| (12) | The fishery cannot be undertaken with other gears, since only shore seines have the technical characteristic necessary to carry out this type of fishery. |
| --- | --- |

(12)

The fishery cannot be undertaken with other gears, since only shore seines have the technical characteristic necessary to carry out this type of fishery.

| (13) | Moreover, the fishery has no significant impact on the marine environment, as shore seines are very selective gears, they do not touch the seabed and cannot operate above the Posidonia oceanica seabed. |
| --- | --- |

(13)

Moreover, the fishery has no significant impact on the marine environment, as shore seines are very selective gears, they do not touch the seabed and cannot operate above the Posidonia oceanica seabed.

| (14) | The request covers 87 vessels. The derogation requested by Croatia therefore affects a limited number of vessels, compared with the large distribution area of the fleet using these types of gears, representing 1 % of the fleet and 2 % of the gross tonnage (GT). |
| --- | --- |

(14)

The request covers 87 vessels. The derogation requested by Croatia therefore affects a limited number of vessels, compared with the large distribution area of the fleet using these types of gears, representing 1 % of the fleet and 2 % of the gross tonnage (GT).

| (15) | Those vessels are included on a list communicated to the Commission in accordance with Article 13(9) of Regulation (EC) No 1967/2006. |
| --- | --- |

(15)

Those vessels are included on a list communicated to the Commission in accordance with Article 13(9) of Regulation (EC) No 1967/2006.

| (16) | The Croatian management plan sets out all relevant definitions on the fisheries concerned and guarantees no further increase of the fishing effort in line with Article 13(9) of Regulation (EC) No 1967/2006 as fishing authorisations will be issued only to specified 87 vessels that are authorised to fish by Croatia. In this respect, it is noted that in line with the Croatian management plan and the Ministerial Ordinance, no fishing grounds for shore seines nets ‘migavica’, ‘girarica’ and ‘šabakun’ are foreseen in the fishing zone stated as ‘A’, while shore seine ‘oližnica’ is permitted only in the fishing subzones stated as ‘E4’ and ‘F2’. Additionally, the use of shore seine nets is prohibited in the areas identified as national parks and special habitats. |
| --- | --- |

(16)

The Croatian management plan sets out all relevant definitions on the fisheries concerned and guarantees no further increase of the fishing effort in line with Article 13(9) of Regulation (EC) No 1967/2006 as fishing authorisations will be issued only to specified 87 vessels that are authorised to fish by Croatia. In this respect, it is noted that in line with the Croatian management plan and the Ministerial Ordinance, no fishing grounds for shore seines nets ‘migavica’, ‘girarica’ and ‘šabakun’ are foreseen in the fishing zone stated as ‘A’, while shore seine ‘oližnica’ is permitted only in the fishing subzones stated as ‘E4’ and ‘F2’. Additionally, the use of shore seine nets is prohibited in the areas identified as national parks and special habitats.

| (17) | The fishing activities concerned fulfil the requirements of Article 4 of Regulation (EC) No 1967/2006. Indeed, the seines are hauled in the water column and do not touch the seabed. |
| --- | --- |

(17)

The fishing activities concerned fulfil the requirements of Article 4 of Regulation (EC) No 1967/2006. Indeed, the seines are hauled in the water column and do not touch the seabed.

| (18) | The requirements of Article 8(1)(h) of Regulation (EC) No 1967/2006 are not applicable since they relate to trawlers. |
| --- | --- |

(18)

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

| (19) | As regards the requirement to comply with Article 9(3) of Regulation (EC) No 1967/2006 establishing the minimum mesh size with regard to use of traditional shore seines ‘oližnica’ fishing for sand smelt (Atherina boyeri), the Commission notes that in accordance with Article 9(7) of that Regulation, Croatia authorised a derogation from Article 9(3) of that Regulation in its management plan, as the fisheries concerned are highly selective, have a negligible effect on the marine environment and are not affected by the provisions in Article 4(5). |
| --- | --- |

(19)

As regards the requirement to comply with Article 9(3) of Regulation (EC) No 1967/2006 establishing the minimum mesh size with regard to use of traditional shore seines ‘oližnica’ fishing for sand smelt (Atherina boyeri), the Commission notes that in accordance with Article 9(7) of that Regulation, Croatia authorised a derogation from Article 9(3) of that Regulation in its management plan, as the fisheries concerned are highly selective, have a negligible effect on the marine environment and are not affected by the provisions in Article 4(5).

| (20) | The Commission notes that Croatia did not authorise a derogation in its management plan from the requirements of Article 9(3) of Regulation (EC) No 1967/2006 with regard to use of traditional shore seine of large mesh size ‘šabakun’, fishing for greater amberjack (Seriola dumerili) and with regard to use of traditional shore seines ‘girarica’ and ‘migavica’, fishing for picarels (Spicara smaris). |
| --- | --- |

(20)

The Commission notes that Croatia did not authorise a derogation in its management plan from the requirements of Article 9(3) of Regulation (EC) No 1967/2006 with regard to use of traditional shore seine of large mesh size ‘šabakun’, fishing for greater amberjack (Seriola dumerili) and with regard to use of traditional shore seines ‘girarica’ and ‘migavica’, fishing for picarels (Spicara smaris).

| (21) | The fishing activities concerned take place at a very short distance from the coast and therefore do not interfere with the activities of other vessels. |
| --- | --- |

(21)

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

| (22) | The management plan ensures that catches of species mentioned in Annex III of Regulation (EC) No 1967/2006 are minimal since the targeted species are greater amberjack (Seriola dumerili), sand smelt (Atherina boyeri) and picarels (Spicara smaris), which are not mentioned in Annex III of the Regulation (EC) No 1967/2006 and the fishing activities are highly selective. |
| --- | --- |

(22)

The management plan ensures that catches of species mentioned in Annex III of Regulation (EC) No 1967/2006 are minimal since the targeted species are greater amberjack (Seriola dumerili), sand smelt (Atherina boyeri) and picarels (Spicara smaris), which are not mentioned in Annex III of the Regulation (EC) No 1967/2006 and the fishing activities are highly selective.

| (23) | Fishing activities are highly selective and do not target cephalopods. |
| --- | --- |

(23)

Fishing activities are highly selective and do not target cephalopods.

| (24) | The management plan includes measures for the monitoring of fishing activities, as provided for in the fifth subparagraph of Article 4(5) and in the third subparagraph of Article 13(9) of Regulation (EC) No 1967/2006, thus fulfilling the conditions set out in Article 14 of Council Regulation (EC) No 1224/2009 (3). |
| --- | --- |

(24)

The management plan includes measures for the monitoring of fishing activities, as provided for in the fifth subparagraph of Article 4(5) and in the third subparagraph of Article 13(9) of Regulation (EC) No 1967/2006, thus fulfilling the conditions set out in Article 14 of Council Regulation (EC) No 1224/2009 (3).

| (25) | The requested derogations should therefore be granted. |
| --- | --- |

(25)

The requested derogations should therefore be granted.

| (26) | Croatia should report to the Commission in regular intervals and in accordance with the monitoring plan provided for in the Croatian management plan. |
| --- | --- |

(26)

Croatia should report to the Commission in regular intervals and in accordance with the monitoring plan provided for in the Croatian management plan.

| (27) | A limitation in duration of the derogation will allow ensuring prompt corrective management measures in case the report to the Commission shows a poor conservation status of the exploited stock, while providing scope to enhance the scientific basis for an improved management plan. |
| --- | --- |

(27)

A limitation in duration of the derogation will allow ensuring prompt corrective management measures in case the report to the Commission shows a poor conservation status of the exploited stock, while providing scope to enhance the scientific basis for an improved management plan.

| (28) | The measures provided for in the Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture, |
| --- | --- |

(28)

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

HAS ADOPTED THIS REGULATION:

Article 1

Derogation

1.   Article 4(1) of Regulation (EC) No 1967/2006 shall not apply in the territorial waters of Croatia to fishing for picarels (Spicara smaris) by shore seines ‘girarica’ and ‘migavica’.

2.   Article 13(1), first subparagraph, of Regulation (EC) No 1967/2006, shall not apply in the territorial waters of Croatia to the following fisheries:

| (a) | greater amberjack (Seriola dumerili) by shore seine of large mesh size ‘šabakun’; |
| --- | --- |

(a)

greater amberjack (Seriola dumerili) by shore seine of large mesh size ‘šabakun’;

| (b) | sand smelt (Atherina boyeri) by shore seine ‘oližnica’; and |
| --- | --- |

(b)

sand smelt (Atherina boyeri) by shore seine ‘oližnica’; and

| (c) | picarels (Spicara smaris) by shore seines ‘girarica’ and ‘migavica’. |
| --- | --- |

(c)

picarels (Spicara smaris) by shore seines ‘girarica’ and ‘migavica’.

3.   The shore seines referred to in paragraphs 1 and 2 shall be used by vessels:

| (a) | bearing a registration number set out in the Croatian management plan adopted by Croatia in accordance with Article 19 of Regulation (EC) No 1967/2006; |
| --- | --- |

(a)

bearing a registration number set out in the Croatian management plan adopted by Croatia in accordance with Article 19 of Regulation (EC) No 1967/2006;

| (b) | having a track record in the fishery for more than five years and not involving any further increase in the fishing effort deployed; and |
| --- | --- |

(b)

having a track record in the fishery for more than five years and not involving any further increase in the fishing effort deployed; and

| (c) | holding a fishing authorisation and operating under the Croatian management plan |
| --- | --- |

(c)

holding a fishing authorisation and operating under the Croatian management plan

Article 2

Monitoring plan and report

Croatia shall communicate to the Commission, within three years following the entry into force of this Regulation, a report drawn up in accordance with the monitoring plan established in the Croatian management plan.

Article 3

Entry into force

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

Official Journal of the European Union

It shall apply from 26 October 2018 to 26 October 2021.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels, 22 October 2018.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 36, 8.2.2007, p. 6.

1

(2)  Pravilnik o obavljanju gospodarskog ribolova na moru obalnim mrežama potegačama, Narodne Novine, OJ 30/2018, as amended by Pravilnik o izmjeni Pravilnika o obavljanju gospodarskog ribolova na moru obalnim mrežama potegačama, OJ 49/2018.

2

(3)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community 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 (OJ L 343, 22.12.2009, p. 1).

3

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| 23.10.2018 | EN | Official Journal of the European Union | L 264/20 |
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23.10.2018

EN

Official Journal of the European Union

L 264/20

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COMMISSION IMPLEMENTING REGULATION (EU) 2018/1587

of 22 October 2018

revoking the designation of the Istituto Superiore di Sanità, Rome, Italy, as a European Reference Laboratory for the residues listed in Annex I, Group B(3)(c) to Council Directive 96/23/EC

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2017/625 of the European Parliament and the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) 1107/2009, (EU) 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (1), and in particular Article 93(1) thereof,

Whereas:

| (1) | The Istituto Superiore di Sanità in Rome is listed in point 12(d) of Part I of Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council (2) as the designated European Union reference laboratory (‘EU reference laboratory’) for the residues listed in Annex I, Group B(3)(c) to Council Directive 96/23/EC (3). |
| --- | --- |

(1)

The Istituto Superiore di Sanità in Rome is listed in point 12(d) of Part I of Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council (2) as the designated European Union reference laboratory (‘EU reference laboratory’) for the residues listed in Annex I, Group B(3)(c) to Council Directive 96/23/EC (3).

| (2) | Regulation (EU) 2017/625 repeals Regulation (EC) No 882/2004 and sets out new rules on official controls, including on the decision to establish and the designation of EU reference laboratories. Article 92(3) of Regulation (EU) 2017/625 provides that the Commission is to review regularly the mandate and the operation of EU reference laboratories. |
| --- | --- |

(2)

Regulation (EU) 2017/625 repeals Regulation (EC) No 882/2004 and sets out new rules on official controls, including on the decision to establish and the designation of EU reference laboratories. Article 92(3) of Regulation (EU) 2017/625 provides that the Commission is to review regularly the mandate and the operation of EU reference laboratories.

| (3) | As it was considered appropriate to merge the EU reference laboratory activities on chemical elements and nitrogenous compounds in food of plant and animal origin into one EU reference laboratory, by means of Commission Regulation (EU) 2018/192 (4), the National Food Institute, Technical University of Denmark in Copenhagen, Denmark was designated as an EU reference laboratory for metals and nitrogenous compounds in feed and food. As the activities of this EU reference laboratory overlap with the activities of the EU reference laboratory for the residues listed in Annex I, Group B(3)(c) to Directive 96/23/EC, currently two EU reference laboratories are responsible for the analysis of chemical elements in food of animal origin. Therefore the designation of the Istituto Superiore di Sanità in Rome as an EU reference laboratory for the residues listed in Annex I, Group B(3)(c) to Directive 96/23/EC should be revoked. Part I of Annex VII to Regulation (EC) No 882/2004 should be amended accordingly. |
| --- | --- |

(3)

As it was considered appropriate to merge the EU reference laboratory activities on chemical elements and nitrogenous compounds in food of plant and animal origin into one EU reference laboratory, by means of Commission Regulation (EU) 2018/192 (4), the National Food Institute, Technical University of Denmark in Copenhagen, Denmark was designated as an EU reference laboratory for metals and nitrogenous compounds in feed and food. As the activities of this EU reference laboratory overlap with the activities of the EU reference laboratory for the residues listed in Annex I, Group B(3)(c) to Directive 96/23/EC, currently two EU reference laboratories are responsible for the analysis of chemical elements in food of animal origin. Therefore the designation of the Istituto Superiore di Sanità in Rome as an EU reference laboratory for the residues listed in Annex I, Group B(3)(c) to Directive 96/23/EC should be revoked. Part I of Annex VII to Regulation (EC) No 882/2004 should be amended accordingly.

| (4) | As the work program from 1 January 2018 until 31 December 2018 of the Istituto Superiore di Sanità in Rome was approved by the Commission and a grant was awarded for these activities, this Regulation should become applicable once this activity period has ended. |
| --- | --- |

(4)

As the work program from 1 January 2018 until 31 December 2018 of the Istituto Superiore di Sanità in Rome was approved by the Commission and a grant was awarded for these activities, this Regulation should become applicable once this activity period has ended.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

The designation of the Istituto Superiore di Sanità in Rome as EU reference laboratory for the residues listed in Annex I, Group B(3)(c) to Directive 96/23/EC is revoked.

Point 12(d) of Part I of Annex VII to Regulation (EC) No 882/2004 is deleted.

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 January 2019.

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

Done at Brussels, 22 October 2018.

For the Commission

The President

Jean-Claude JUNCKER

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(1)  
  OJ L 95, 7.4.2017, p. 1.

1

(2)  Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).

2

(3)  Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ L 125, 23.5.1996, p. 10).

3

(4)  Commission Regulation (EU) 2018/192 of 8 February 2018 amending Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the EU reference laboratories in the field of contaminants in feed and food (OJ L 36, 9.2.2018, p. 15).

4

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DECISIONS

| 23.10.2018 | EN | Official Journal of the European Union | L 264/22 |
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23.10.2018

EN

Official Journal of the European Union

L 264/22

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COUNCIL DECISION (EU, Euratom) 2018/1588

of 15 October 2018

appointing a member, proposed by the Kingdom of Sweden, of the European Economic and Social Committee

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

Having regard to the proposal of the Swedish Government,

Having regard to the opinion of the European Commission,

Whereas:

| (1) | On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and (EU, Euratom) 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020. |
| --- | --- |

(1)

On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and (EU, Euratom) 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020.

| (2) | A member's seat on the European Economic and Social Committee has become vacant following the end of the mandate of Mr Erik SVENSSON, |
| --- | --- |

(2)

A member's seat on the European Economic and Social Committee has become vacant following the end of the mandate of Mr Erik SVENSSON,

HAS ADOPTED THIS DECISION:

Article 1

Mr Christian ARDHE, EU Affairs advisor, Heimdal European Affairs, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2020.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 15 October 2018.

For the Council

The President

E. KÖSTINGER

---

(1)  Council Decision (EU, Euratom) 2015/1600 of 18 September 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 248, 24.9.2015, p. 53).

1

(2)  Council Decision (EU, Euratom) 2015/1790 of 1 October 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 260, 7.10.2015, p. 23).

2

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| 23.10.2018 | EN | Official Journal of the European Union | L 264/23 |
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23.10.2018

EN

Official Journal of the European Union

L 264/23

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COUNCIL DECISION (EU) 2018/1589

of 15 October 2018

appointing two alternate members, proposed by the Republic of Estonia, of the Committee of the Regions

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Estonian Government,

Whereas:

| (1) | On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 4 September 2015, by Council Decision (EU) 2015/1510 (4), Mr Mart VÕRKLAEV was replaced by Mr Juri GOTMANS as an alternate member. |
| --- | --- |

(1)

On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 4 September 2015, by Council Decision (EU) 2015/1510 (4), Mr Mart VÕRKLAEV was replaced by Mr Juri GOTMANS as an alternate member.

| (2) | An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Georg LINKOV. |
| --- | --- |

(2)

An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Georg LINKOV.

| (3) | An alternate member's seat on the Committee of the Regions has become vacant following the end of the mandate on the basis of which Mr Juri GOTMANS (Mayor of Haanja Municipality) was proposed, |
| --- | --- |

(3)

An alternate member's seat on the Committee of the Regions has become vacant following the end of the mandate on the basis of which Mr Juri GOTMANS (Mayor of Haanja Municipality) was proposed,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed as alternate members of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

| — | Mr Priit VÄRK, Mayor of Paide, |
| --- | --- |

—

Mr Priit VÄRK, Mayor of Paide,

| — | Mr Juri GOTMANS, Member of Võru Town Council (change of mandate). |
| --- | --- |

—

Mr Juri GOTMANS, Member of Võru Town Council (change of mandate).

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 15 October 2018.

For the Council

The President

E. KÖSTINGER

---

(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

1

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

2

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).

3

(4)  Council Decision (EU) 2015/1510 of 4 September 2015 appointing an Estonian member and an Estonian alternate member of the Committee of the Regions. (OJ L 236, 10.9.2015, p. 8).

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| 23.10.2018 | EN | Official Journal of the European Union | L 264/24 |
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23.10.2018

EN

Official Journal of the European Union

L 264/24

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COMMISSION DECISION (EU) 2018/1590

of 19 October 2018

amending Decisions 2012/481/EU, 2014/391/EU, 2014/763/EU and 2014/893/EU as regards the period of validity of the ecological criteria for the award of the EU Ecolabel for certain products, and of the related assessment and verification requirements

(notified under document C(2018) 6805)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular Article 8(2) thereof,

After consulting the European Union Ecolabelling Board,

Whereas:

| (1) | The validity of the ecological criteria for the award of the EU Ecolabel for printed paper, and of the related assessment and verification requirements, set out in Commission Decision 2012/481/EU (2) expires on 31 December 2018. |
| --- | --- |

(1)

The validity of the ecological criteria for the award of the EU Ecolabel for printed paper, and of the related assessment and verification requirements, set out in Commission Decision 2012/481/EU (2) expires on 31 December 2018.

| (2) | The validity of the ecological criteria for the award of the EU Ecolabel for bed mattresses, and of the related assessment and verification requirements, set out in Commission Decision 2014/391/EU (3) expires on 23 June 2018. |
| --- | --- |

(2)

The validity of the ecological criteria for the award of the EU Ecolabel for bed mattresses, and of the related assessment and verification requirements, set out in Commission Decision 2014/391/EU (3) expires on 23 June 2018.

| (3) | The validity of the ecological criteria for the award of the EU Ecolabel for absorbent hygiene products, and of the related assessment and verification requirements, set out in Commission Decision 2014/763/EU (4) expires on 24 October 2018. |
| --- | --- |

(3)

The validity of the ecological criteria for the award of the EU Ecolabel for absorbent hygiene products, and of the related assessment and verification requirements, set out in Commission Decision 2014/763/EU (4) expires on 24 October 2018.

| (4) | The validity of the ecological criteria for the award of the EU Ecolabel for rinse-off cosmetic products, and of the related assessment and verification requirements, set out in Commission Decision 2014/893/EU (5) expires on 9 December 2018. |
| --- | --- |

(4)

The validity of the ecological criteria for the award of the EU Ecolabel for rinse-off cosmetic products, and of the related assessment and verification requirements, set out in Commission Decision 2014/893/EU (5) expires on 9 December 2018.

| (5) | In line with the conclusions of the EU Ecolabel Fitness check (REFIT) of 30 June 2017 (6), the Commission, together with the EU Ecolabelling Board has assessed the relevance of each product group before proposing its prolongation. This assessment confirmed the appropriateness of the current ecological criteria, as well as of the related assessment and verification requirements, established by Decisions 2012/481/EU, 2014/391/EU, 2014/763/EU and 2014/893/EU. This assessment showed moreover the relevance of maintaining these product groups under the EU Ecolabel, but in some cases through bundling these product groups with other existing product groups in order to improve synergies across product groups and increase the uptake of EU Ecolabel. In the revision appropriate attention should be paid to the coherence between relevant EU policies, legislation and scientific evidence. |
| --- | --- |

(5)

In line with the conclusions of the EU Ecolabel Fitness check (REFIT) of 30 June 2017 (6), the Commission, together with the EU Ecolabelling Board has assessed the relevance of each product group before proposing its prolongation. This assessment confirmed the appropriateness of the current ecological criteria, as well as of the related assessment and verification requirements, established by Decisions 2012/481/EU, 2014/391/EU, 2014/763/EU and 2014/893/EU. This assessment showed moreover the relevance of maintaining these product groups under the EU Ecolabel, but in some cases through bundling these product groups with other existing product groups in order to improve synergies across product groups and increase the uptake of EU Ecolabel. In the revision appropriate attention should be paid to the coherence between relevant EU policies, legislation and scientific evidence.

| (6) | Printed paper and converted paper products are very closely linked. Furthermore, there is an ongoing revision process for graphic paper products, a substrate for printed paper. To improve synergies and increase the uptake of EU Ecolabel for these product groups, the validity period of the current criteria for printed paper products should be aligned with the one of converted paper, until 31 December 2020. |
| --- | --- |

(6)

Printed paper and converted paper products are very closely linked. Furthermore, there is an ongoing revision process for graphic paper products, a substrate for printed paper. To improve synergies and increase the uptake of EU Ecolabel for these product groups, the validity period of the current criteria for printed paper products should be aligned with the one of converted paper, until 31 December 2020.

| (7) | To increase the uptake of EU ecolabel for bed mattresses, considerations should be given to merging this product group with the furniture product group. As a first step, the validity period of the current criteria for bed mattresses should be aligned with the one of furniture, until 28 July 2022. |
| --- | --- |

(7)

To increase the uptake of EU ecolabel for bed mattresses, considerations should be given to merging this product group with the furniture product group. As a first step, the validity period of the current criteria for bed mattresses should be aligned with the one of furniture, until 28 July 2022.

| (8) | Regarding absorbent hygiene products, to give stability to the market and to current and potential future licence holders that can result in an additional uptake by industry, the current EU Ecolabel criteria for absorbent hygiene products should be prolonged until 31 December 2022. |
| --- | --- |

(8)

Regarding absorbent hygiene products, to give stability to the market and to current and potential future licence holders that can result in an additional uptake by industry, the current EU Ecolabel criteria for absorbent hygiene products should be prolonged until 31 December 2022.

| (9) | The EU Ecolabel criteria for rinse-off cosmetic products should be prolonged until 31 December 2021 to allow to conclude their revision. |
| --- | --- |

(9)

The EU Ecolabel criteria for rinse-off cosmetic products should be prolonged until 31 December 2021 to allow to conclude their revision.

| (10) | It is therefore appropriate to prolong the period of validity of those criteria and assessment and verification requirements. |
| --- | --- |

(10)

It is therefore appropriate to prolong the period of validity of those criteria and assessment and verification requirements.

| (11) | Decisions 2012/481/EU, 2014/391/EU, 2014/763/EU and 2014/893/EU should therefore be amended accordingly. |
| --- | --- |

(11)

Decisions 2012/481/EU, 2014/391/EU, 2014/763/EU and 2014/893/EU should therefore be amended accordingly.

| (12) | The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 16 of Regulation (EC) No 66/2010, |
| --- | --- |

(12)

The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 16 of Regulation (EC) No 66/2010,

HAS ADOPTED THIS DECISION:

Article 1

Article 4 of Decision 2012/481/EU is replaced by the following:

‘Article 4

The ecological criteria for the product group “printed paper”, as well as the related assessment and verification requirements, shall be valid until 31 December 2020.’.

Article 2

Article 4 of Decision 2014/391/EU is replaced by the following:

‘Article 4

The ecological criteria for the product group “bed mattresses”, as well as the related assessment and verification requirements, shall be valid until 28 July 2022.’.

Article 3

Article 4 of Decision 2014/763/EU is replaced by the following:

‘Article 4

The ecological criteria for the product group “absorbent hygiene products”, as well as the related assessment and verification requirements, shall be valid until 31 December 2022.’.

Article 4

Article 4 of Decision 2014/893/EU is replaced by the following:

‘Article 4

The ecological criteria for the product group “rinse-off cosmetic products”, as well as the related assessment and verification requirements shall be valid until 31 December 2021.’.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 19 October 2018.

For the Commission

Karmenu VELLA

Member of the Commission

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(1)  
  OJ L 27, 30.1.2010, p. 1.

1

(2)  Commission Decision 2012/481/EU of 16 August 2012 establishing the ecological criteria for the award of the EU Ecolabel for printed paper (OJ L 223, 21.8.2012, p. 55).

2

(3)  Commission Decision 2014/391/EU of 23 June 2014 establishing the ecological criteria for the award of the EU Ecolabel for bed mattresses (OJ L 184, 25.6.2014, p. 18).

3

(4)  Commission Decision 2014/763/EU of 24 October 2014 establishing the ecological criteria for the award of the EU Ecolabel for absorbent hygiene products (OJ L 320, 6.11.2014, p. 46).

4

(5)  Commission Decision 2014/893/EU of 9 December 2014 establishing the ecological criteria for the award of the EU Ecolabel for rinse-off cosmetic products (OJ L 354, 11.12.2014, p. 47).

5

(6)  Report from the Commission to the European Parliament and the Council on the review of implementation of Regulation (EC) No 1221/2009 of the European Parliament and of the Council on 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) and Regulation (EC) No 66/2010 of the Parliament and of the Council of 25 November 2009 on the EU Ecolabel (COM(2017) 355 final).

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