# Official Journal L 332/2016

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 332 |
| | |
| English edition | Legislation | Volume 597 December 2016 |

ISSN 1977-0677

Official Journal

of the European Union

L 332

English edition

Legislation

Volume 597 December 2016

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | * | Council Decision (EU) 2016/2136 of 21 November 2016 on the signing, on behalf of the European Union, of the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs | 1 |
| | | REGULATIONS |
| | * | Council Regulation (EU) 2016/2137 of 6 December 2016 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria | 3 |
| | * | Commission Regulation (EU) 2016/2138 of 2 December 2016 establishing a prohibition of fishing for undulate ray in Union waters of IX by vessels flying the flag of Portugal | 7 |
| | * | Commission Regulation (EU) 2016/2139 of 2 December 2016 establishing a prohibition of fishing for skates and rays including Cuckoo ray, thornback ray, blonde ray, spotted ray, small-eyed ray and undulate ray in Union waters of VIId and relevant special conditions in Union waters of VIa, VIb, VIIa-c and VIIe-k by vessels flying the flag of Belgium | 9 |
| | * | Commission Regulation (EU) 2016/2140 of 2 December 2016 establishing a prohibition of fishing for northern albacore in the Atlantic Ocean, north of 5° N by vessels flying the flag of Spain | 11 |
| | * | Commission Implementing Regulation (EU) 2016/2141 of 6 December 2016 amending Regulation (EC) No 1238/95 as regards the level of the annual fee and of the examination fees payable to the Community Plant Variety Office | 13 |
| | | Commission Implementing Regulation (EU) 2016/2142 of 6 December 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables | 16 |
| | | DECISIONS |
| | * | Council Decision (EU) 2016/2143 of 1 December 2016 on the position to be adopted on behalf of the European Union within the CARIFORUM-EU Trade and Development Committee of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, as regards the establishment of a Special Committee on Agriculture and Fisheries | 18 |
| | * | Council Decision (CFSP) 2016/2144 of 6 December 2016 amending Decision 2013/255/CFSP concerning restrictive measures against Syria | 22 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

*

Council Decision (EU) 2016/2136 of 21 November 2016 on the signing, on behalf of the European Union, of the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs

1

REGULATIONS

*

Council Regulation (EU) 2016/2137 of 6 December 2016 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

3

*

Commission Regulation (EU) 2016/2138 of 2 December 2016 establishing a prohibition of fishing for undulate ray in Union waters of IX by vessels flying the flag of Portugal

7

*

Commission Regulation (EU) 2016/2139 of 2 December 2016 establishing a prohibition of fishing for skates and rays including Cuckoo ray, thornback ray, blonde ray, spotted ray, small-eyed ray and undulate ray in Union waters of VIId and relevant special conditions in Union waters of VIa, VIb, VIIa-c and VIIe-k by vessels flying the flag of Belgium

9

*

Commission Regulation (EU) 2016/2140 of 2 December 2016 establishing a prohibition of fishing for northern albacore in the Atlantic Ocean, north of 5° N by vessels flying the flag of Spain

11

*

Commission Implementing Regulation (EU) 2016/2141 of 6 December 2016 amending Regulation (EC) No 1238/95 as regards the level of the annual fee and of the examination fees payable to the Community Plant Variety Office

13

Commission Implementing Regulation (EU) 2016/2142 of 6 December 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

16

DECISIONS

*

Council Decision (EU) 2016/2143 of 1 December 2016 on the position to be adopted on behalf of the European Union within the CARIFORUM-EU Trade and Development Committee of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, as regards the establishment of a Special Committee on Agriculture and Fisheries

18

*

Council Decision (CFSP) 2016/2144 of 6 December 2016 amending Decision 2013/255/CFSP concerning restrictive measures against Syria

22

| 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

INTERNATIONAL AGREEMENTS

| 7.12.2016 | EN | Official Journal of the European Union | L 332/1 |
| --- | --- | --- | --- |

7.12.2016

EN

Official Journal of the European Union

L 332/1

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COUNCIL DECISION (EU) 2016/2136

of 21 November 2016

on the signing, on behalf of the European Union, of the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | On 18 June 2007 the Council authorised the Commission to open negotiations with Iceland with a view to signing an agreement on the protection of geographical indications for agricultural products and foodstuffs (‘the Agreement’). The negotiations were successfully concluded by the initialling of the Agreement. |
| --- | --- |

(1)

On 18 June 2007 the Council authorised the Commission to open negotiations with Iceland with a view to signing an agreement on the protection of geographical indications for agricultural products and foodstuffs (‘the Agreement’). The negotiations were successfully concluded by the initialling of the Agreement.

| (2) | The Parties agree to promote between each other the harmonious development of geographical indications as defined in Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1) and to foster trade in agricultural products and foodstuffs with geographical indications originating in the Parties' territories. |
| --- | --- |

(2)

The Parties agree to promote between each other the harmonious development of geographical indications as defined in Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1) and to foster trade in agricultural products and foodstuffs with geographical indications originating in the Parties' territories.

| (3) | Therefore, the Agreement should be signed on behalf of the Union, subject to its conclusion at a later date, |
| --- | --- |

(3)

Therefore, the Agreement should be signed on behalf of the Union, subject to its conclusion at a later date,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union of the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs is hereby authorised, subject to the conclusion of the said Agreement (2).

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 3

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

Done at Brussels, 21 November 2016.

For the Council

The President

P. PLAVČAN

---

(1)  Annex 1C of the Marrakesh Agreement Establishing the World Trade Organisation, signed in Marrakesh, Morocco on 15 April 1994.

1

(2)  The text of the Agreement will be published in the Official Journal together with the decision on its conclusion.

2

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REGULATIONS

| 7.12.2016 | EN | Official Journal of the European Union | L 332/3 |
| --- | --- | --- | --- |

7.12.2016

EN

Official Journal of the European Union

L 332/3

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COUNCIL REGULATION (EU) 2016/2137

of 6 December 2016

amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1),

Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,

Whereas:

| (1) | Council Regulation (EU) No 36/2012 (2) gives effect to measures provided for in Decision 2013/255/CFSP. |
| --- | --- |

(1)

Council Regulation (EU) No 36/2012 (2) gives effect to measures provided for in Decision 2013/255/CFSP.

| (2) | On 6 December 2016, the Council adopted Decision (CFSP) 2016/2144 (3),which provides for amendments to allow for the purchase and transport of oil and petroleum products and the related provision of financing or financial assistance in Syria by clearly defined categories of persons and entities for the sole purpose of providing humanitarian relief or assistance to the civilian population in Syria. That Decision also amends the relevant associated exceptions to the restrictions on the freezing of funds and economic resources. |
| --- | --- |

(2)

On 6 December 2016, the Council adopted Decision (CFSP) 2016/2144 (3),which provides for amendments to allow for the purchase and transport of oil and petroleum products and the related provision of financing or financial assistance in Syria by clearly defined categories of persons and entities for the sole purpose of providing humanitarian relief or assistance to the civilian population in Syria. That Decision also amends the relevant associated exceptions to the restrictions on the freezing of funds and economic resources.

| (3) | This measure falls within the scope of the Treaty on the Functioning of the European Union and, therefore, in particular with a view to ensuring uniform application of the measure by economic operators in all Member States, regulatory action at the level of the Union is necessary in order to implement it. |
| --- | --- |

(3)

This measure falls within the scope of the Treaty on the Functioning of the European Union and, therefore, in particular with a view to ensuring uniform application of the measure by economic operators in all Member States, regulatory action at the level of the Union is necessary in order to implement it.

| (4) | Regulation (EU) No 36/2012 should therefore be amended accordingly, |
| --- | --- |

(4)

Regulation (EU) No 36/2012 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 36/2012 is amended as follows:

| (1) | Article 6 is amended as follows:






  (a) | point (d) is replaced by the following:






  ‘(d) | to provide, directly or indirectly, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, related to the prohibitions set out in point (a);’; |
| --- | --- | --- | --- |

(1)

Article 6 is amended as follows:

(a)

point (d) is replaced by the following:

‘(d)

| (b) | the following point is inserted:






  ‘(da) | to provide, directly or indirectly, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, related to the prohibitions set out in points (b) and (c); and’; |
| --- | --- | --- |

(b)

the following point is inserted:

‘(da)

| (c) | point (e) is replaced by the following:






  ‘(e) | to participate, knowingly and intentionally, in activities whose object or effect is, directly or indirectly, to circumvent the prohibitions set out in points (a), (b), (c), (d) or (da).’; |
| --- | --- | --- |

(c)

point (e) is replaced by the following:

‘(e)

| (2) | Article 6a is replaced by the following:

  ‘Article 6a

  1.   The prohibitions set out in points (b), (c) and (e) of Article 6 shall not apply to the purchase or transport in Syria of petroleum products or to the related provision of financing or financial assistance by public bodies or by legal persons, entities or bodies which receive public funding from the Union or Member States to provide humanitarian relief or assistance to the civilian population in Syria, provided that such products are purchased or transported for the sole purposes of providing humanitarian relief in Syria or assistance to the civilian population in Syria.


  2.   By way of derogation from points (b), (c) and (e) of Article 6, in cases not covered by paragraph 1 of this Article, the competent authority of a Member State, as identified on the website listed in Annex III, may authorise the purchase and transport in Syria of petroleum products or the provision of related financing or financial assistance, under the general and specific terms and conditions it deems appropriate provided that such purchase and transport:






  (a) | are for the sole purpose of providing humanitarian relief in Syria or assistance to the civilian population in Syria; and |
| --- | --- | --- |

(2)

Article 6a is replaced by the following:

‘Article 6a

1.   The prohibitions set out in points (b), (c) and (e) of Article 6 shall not apply to the purchase or transport in Syria of petroleum products or to the related provision of financing or financial assistance by public bodies or by legal persons, entities or bodies which receive public funding from the Union or Member States to provide humanitarian relief or assistance to the civilian population in Syria, provided that such products are purchased or transported for the sole purposes of providing humanitarian relief in Syria or assistance to the civilian population in Syria.

2.   By way of derogation from points (b), (c) and (e) of Article 6, in cases not covered by paragraph 1 of this Article, the competent authority of a Member State, as identified on the website listed in Annex III, may authorise the purchase and transport in Syria of petroleum products or the provision of related financing or financial assistance, under the general and specific terms and conditions it deems appropriate provided that such purchase and transport:

(a)

are for the sole purpose of providing humanitarian relief in Syria or assistance to the civilian population in Syria; and

| (b) | do not breach any of the prohibitions laid down in this Regulation. |
| --- | --- |

(b)

do not breach any of the prohibitions laid down in this Regulation.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within two weeks of any authorisation granted. The notification shall contain details about the authorised legal person, entity or body and about its humanitarian activities in Syria.

3.   Nothing in this Article shall affect compliance with Council Regulation (EC) No 2580/2001 (*1), with Council Regulation (EC) No 881/2002 (*2) or with Council Regulation (EU) 2016/1686 (*3).

(*1)  Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (OJ L 344, 28.12.2001, p. 70)."

*1

(*2)  Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations(OJ L 139, 29.5.2002, p. 9)."

*2

(*3)  Council Regulation (EU) 2016/1686 of 20 September 2016 imposing additional restrictive measures directed against ISIL (Da'esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them (OJ L 255, 21.9.2016, p. 1).’;"

*3

| (3) | the following Article is inserted:

  ‘Article 6b
  The prohibitions set out in points (b), (c) and (e) of Article 6 shall not apply to the purchase or transport in Syria of petroleum products or the related provision of financing or financial assistance by a diplomatic or consular mission, where such products are purchased or transported for official purposes of the mission.’; |
| --- | --- |

(3)

the following Article is inserted:

‘Article 6b

The prohibitions set out in points (b), (c) and (e) of Article 6 shall not apply to the purchase or transport in Syria of petroleum products or the related provision of financing or financial assistance by a diplomatic or consular mission, where such products are purchased or transported for official purposes of the mission.’;

| (4) | in Article 16, point (e) is replaced by the following:






  ‘(e) | in cases not covered by Article 16b, to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, insofar as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation;’; |
| --- | --- | --- |

(4)

in Article 16, point (e) is replaced by the following:

‘(e)

in cases not covered by Article 16b, to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, insofar as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation;’;

| (5) | in Article 16, point (f) is deleted; |
| --- | --- |

(5)

in Article 16, point (f) is deleted;

| (6) | Article 16a is replaced by the following:

  ‘Article 16a

  1.   The prohibition set out in Article 14(2) shall not apply to funds or economic resources made available by public bodies or by legal persons, entities or bodies which receive public funding from the Union or Member States to provide humanitarian relief in Syria or assistance to the civilian population in Syria where the provision of such funds or economic resources is in accordance with Article 6a(1).


  2.   In cases not covered by paragraph 1 of this Article, and by way of derogation from Article 14(2), the competent authority of the Member States, as identified on the websites listed in Annex III, may authorise the making available of certain funds or economic resources, under the general and specific terms and conditions it deems appropriate, provided that the funds or economic resources are necessary for the sole purpose of providing humanitarian relief in Syria or assistance to the civilian population in Syria.


  3.   By way of derogation from Article 14(1), the competent authority of the Member State, as identified on the websites listed in Annex III, may authorise the release of certain frozen funds or economic resources, under the general and specific terms and conditions it deems appropriate, provided that:






  (a) | the funds or economic resources are necessary for the sole purpose of providing humanitarian relief in Syria or assistance to the civilian population in Syria; and |
| --- | --- | --- |

(6)

Article 16a is replaced by the following:

‘Article 16a

1.   The prohibition set out in Article 14(2) shall not apply to funds or economic resources made available by public bodies or by legal persons, entities or bodies which receive public funding from the Union or Member States to provide humanitarian relief in Syria or assistance to the civilian population in Syria where the provision of such funds or economic resources is in accordance with Article 6a(1).

2.   In cases not covered by paragraph 1 of this Article, and by way of derogation from Article 14(2), the competent authority of the Member States, as identified on the websites listed in Annex III, may authorise the making available of certain funds or economic resources, under the general and specific terms and conditions it deems appropriate, provided that the funds or economic resources are necessary for the sole purpose of providing humanitarian relief in Syria or assistance to the civilian population in Syria.

3.   By way of derogation from Article 14(1), the competent authority of the Member State, as identified on the websites listed in Annex III, may authorise the release of certain frozen funds or economic resources, under the general and specific terms and conditions it deems appropriate, provided that:

(a)

the funds or economic resources are necessary for the sole purpose of providing humanitarian relief in Syria or assistance to the civilian population in Syria; and

| (b) | the funds or economic resources are released to the UN for the purpose of delivering or facilitating the delivery of assistance in Syria in accordance with the Syrian Humanitarian Response Plan or any successor plan coordinated by the UN. |
| --- | --- |

(b)

the funds or economic resources are released to the UN for the purpose of delivering or facilitating the delivery of assistance in Syria in accordance with the Syrian Humanitarian Response Plan or any successor plan coordinated by the UN.

4.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 2 and 3 of this Article within two weeks of any authorisation granted.’;

| (7) | the following Article is inserted:

  ‘Article 16b
  The prohibition set out in Article 14(2) shall not apply to funds or economic resources made available from the account of a diplomatic or consular mission where the provision of such funds or economic resources is for official purposes of the mission in accordance with Article 6b.’; |
| --- | --- |

(7)

the following Article is inserted:

‘Article 16b

The prohibition set out in Article 14(2) shall not apply to funds or economic resources made available from the account of a diplomatic or consular mission where the provision of such funds or economic resources is for official purposes of the mission in accordance with Article 6b.’;

| (8) | Annex IV is replaced by the Annex to this Regulation. |
| --- | --- |

(8)

Annex IV is replaced by the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 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, 6 December 2016.

For the Council

The President

P. KAŽIMÍR

---

(1)  
  OJ L 147, 1.6.2013, p. 14.

1

(2)  Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (OJ L 16, 19.1.2012, p. 1).

2

(3)  Council Decision (CFSP) 2016/2144 of 6 December 2016 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (see page 22 of this Official Journal).

3

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ANNEX

‘ANNEX IV

LIST OF “CRUDE OIL AND PETROLEUM PRODUCTS” REFERRED TO IN ARTICLE 6

| Part A | CRUDE OIL |
| --- | --- |
| HS Code | Description |
| 2709 00 | Petroleum oils and oils obtained from bituminous minerals, crude. |
| Part B | PETROLEUM PRODUCTS |
| HS Code | Description |
| 2710 | Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils (save that the purchase, in Syria, of kerosene jet fuel of CN code 2710 19 21 is not prohibited provided that it is intended and used solely for the purpose of the continuation of the flight operation of the aircraft into which it is loaded). |
| 2712 | Petroleum jelly; paraffin wax, microcrystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes, and similar products obtained by synthesis or by other processes, whether or not coloured. |
| 2713 | Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals. |
| 2714 | Bitumen and asphalt, natural; bituminous or oil-shale and tar sands; asphaltites and asphaltic rocks. |
| 2715 00 00 | Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cut-backs).’ |

Part A

CRUDE OIL

HS Code

Description

2709 00

Petroleum oils and oils obtained from bituminous minerals, crude.

Part B

PETROLEUM PRODUCTS

HS Code

Description

2710

Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils (save that the purchase, in Syria, of kerosene jet fuel of CN code 2710 19 21 is not prohibited provided that it is intended and used solely for the purpose of the continuation of the flight operation of the aircraft into which it is loaded).

2712

Petroleum jelly; paraffin wax, microcrystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes, and similar products obtained by synthesis or by other processes, whether or not coloured.

2713

Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals.

2714

Bitumen and asphalt, natural; bituminous or oil-shale and tar sands; asphaltites and asphaltic rocks.

2715 00 00

Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cut-backs).’

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| 7.12.2016 | EN | Official Journal of the European Union | L 332/7 |
| --- | --- | --- | --- |

7.12.2016

EN

Official Journal of the European Union

L 332/7

---

COMMISSION REGULATION (EU) 2016/2138

of 2 December 2016

establishing a prohibition of fishing for undulate ray in Union waters of IX by vessels flying the flag of Portugal

THE EUROPEAN COMMISSION,

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

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

Whereas:

| (1) | Council Regulation (EU) 2016/72 (2), lays down quotas for 2016. |
| --- | --- |

(1)

Council Regulation (EU) 2016/72 (2), lays down quotas for 2016.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2016. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2016.

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

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2016 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

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

Article 3

Entry into force

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

Official Journal of the European Union

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

Done at Brussels, 2 December 2016.

For the Commission,

On behalf of the President,

João AGUIAR MACHADO

Director-General for Maritime Affairs and Fisheries

---

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

1

(2)  Council Regulation (EU) 2016/72 of 22 January 2016 fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2015/104 (OJ L 22, 28.1.2016, p. 1).

2

---

ANNEX

| No | 34/TQ72 |
| --- | --- |
| Member State | Portugal |
| Stock | RJU/9-C. |
| Species | Undulate ray (Raja undulata) |
| Zone | Union waters of IX |
| Closing date | 22.10.2016 |

No

34/TQ72

Member State

Portugal

Stock

RJU/9-C.

Species

Undulate ray (Raja undulata)

Zone

Union waters of IX

Closing date

22.10.2016

---

| 7.12.2016 | EN | Official Journal of the European Union | L 332/9 |
| --- | --- | --- | --- |

7.12.2016

EN

Official Journal of the European Union

L 332/9

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COMMISSION REGULATION (EU) 2016/2139

of 2 December 2016

establishing a prohibition of fishing for skates and rays including Cuckoo ray, thornback ray, blonde ray, spotted ray, small-eyed ray and undulate ray in Union waters of VIId and relevant special conditions in Union waters of VIa, VIb, VIIa-c and VIIe-k by vessels flying the flag of Belgium

THE EUROPEAN COMMISSION,

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

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

Whereas:

| (1) | Council Regulation (EU) 2016/72 (2), lays down quotas for 2016. |
| --- | --- |

(1)

Council Regulation (EU) 2016/72 (2), lays down quotas for 2016.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2016. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2016.

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

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2016 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

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

Article 3

Entry into force

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

Official Journal of the European Union

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

Done at Brussels, 2 December 2016.

For the Commission,

On behalf of the President,

João AGUIAR MACHADO

Director-General for Maritime Affairs and Fisheries

---

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

1

(2)  Council Regulation (EU) 2016/72 of 22 January 2016 fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2015/104 (OJ L 22, 28.1.2016, p. 1).

2

---

ANNEX

| No | 35/TQ72 |
| --- | --- |
| Member State | Belgium |
| Stock | SRX/07D.
  and relevant special conditions RJN/07D., RJC/07D., RJH/07D., RJM/07D., RJE/07D., RJU/07D., SRX/*67AKD, RJN/*67AKD, RJC/*67AKD, RJH/*67AKD, RJM/*67AKD, RJE/*67AKD |
| Species | Skates and rays (Rajiformes)
  including Cuckoo ray (Leucoraja naevus), thornback ray (Raja clavata), blonde ray (Raja brachyura), spotted ray (Raja montagui), small-eyed ray (Raja microocellata) and undulate ray (Raja undulata) |
| Zone | Union waters of VIId
  and relevant special conditions in Union waters of VIa, VIb, VIIa-c and VIIe-k |
| Closing date | 26.10.2016 |

No

35/TQ72

Member State

Belgium

Stock

SRX/07D.

and relevant special conditions RJN/07D., RJC/07D., RJH/07D., RJM/07D., RJE/07D., RJU/07D., SRX/*67AKD, RJN/*67AKD, RJC/*67AKD, RJH/*67AKD, RJM/*67AKD, RJE/*67AKD

Species

Skates and rays (Rajiformes)

including Cuckoo ray (Leucoraja naevus), thornback ray (Raja clavata), blonde ray (Raja brachyura), spotted ray (Raja montagui), small-eyed ray (Raja microocellata) and undulate ray (Raja undulata)

Zone

Union waters of VIId

and relevant special conditions in Union waters of VIa, VIb, VIIa-c and VIIe-k

Closing date

26.10.2016

---

| 7.12.2016 | EN | Official Journal of the European Union | L 332/11 |
| --- | --- | --- | --- |

7.12.2016

EN

Official Journal of the European Union

L 332/11

---

COMMISSION REGULATION (EU) 2016/2140

of 2 December 2016

establishing a prohibition of fishing for northern albacore in the Atlantic Ocean, north of 5° N by vessels flying the flag of Spain

THE EUROPEAN COMMISSION,

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

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

Whereas:

| (1) | Council Regulation (EU) 2016/72 (2), lays down quotas for 2016. |
| --- | --- |

(1)

Council Regulation (EU) 2016/72 (2), lays down quotas for 2016.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2016. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2016.

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

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2016 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

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

Article 3

Entry into force

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

Official Journal of the European Union

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

Done at Brussels, 2 December 2016.

For the Commission,

On behalf of the President,

João AGUIAR MACHAD

Director-General for Maritime Affairs and Fisheries

---

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

1

(2)  Council Regulation (EU) 2016/72 of 22 January 2016 fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2015/104 (OJ L 22, 28.1.2016, p. 1).

2

---

ANNEX

| No | 36/TQ72 |
| --- | --- |
| Member State | Spain |
| Stock | ALB/AN05N |
| Species | Northern albacore (Thunnus Alalunga) |
| Zone | Atlantic Ocean, north of 5° N |
| Closing date | 25.10.2016 |

No

36/TQ72

Member State

Spain

Stock

ALB/AN05N

Species

Northern albacore (Thunnus Alalunga)

Zone

Atlantic Ocean, north of 5° N

Closing date

25.10.2016

---

| 7.12.2016 | EN | Official Journal of the European Union | L 332/13 |
| --- | --- | --- | --- |

7.12.2016

EN

Official Journal of the European Union

L 332/13

---

COMMISSION IMPLEMENTING REGULATION (EU) 2016/2141

of 6 December 2016

amending Regulation (EC) No 1238/95 as regards the level of the annual fee and of the examination fees payable to the Community Plant Variety Office

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community Plant Variety Rights (1), and in particular Article 113 thereof,

After consulting the Administrative Council of the Community Plant Variety Office,

Whereas:

| (1) | Article 9(1) of Commission Regulation (EC) No 1238/95 (2) sets out the level of the fee payable to the Community Plant Variety Office (‘the Office’) for each year of the duration of a Community plant variety right. |
| --- | --- |

(1)

Article 9(1) of Commission Regulation (EC) No 1238/95 (2) sets out the level of the fee payable to the Community Plant Variety Office (‘the Office’) for each year of the duration of a Community plant variety right.

| (2) | Since the financial reserve of the Office has decreased below the level necessary to maintain a balanced budget and to safeguard the continuity of its operations, that annual fee should be increased. |
| --- | --- |

(2)

Since the financial reserve of the Office has decreased below the level necessary to maintain a balanced budget and to safeguard the continuity of its operations, that annual fee should be increased.

| (3) | Article 8(1) of Regulation (EC) No 1238/95 and Annex I thereto set out the level of the fees for arranging and carrying out the technical examination of a variety being the subject of an application for a Community Plant Variety right payable to the Office, ‘the examination fee’. |
| --- | --- |

(3)

Article 8(1) of Regulation (EC) No 1238/95 and Annex I thereto set out the level of the fees for arranging and carrying out the technical examination of a variety being the subject of an application for a Community Plant Variety right payable to the Office, ‘the examination fee’.

| (4) | Experience gathered concerning the technical examination shows that the examination fees may change over time for certain cost groups. The fees charged by the Office should reflect the total amount of the fees for the respective cost groups to be paid by the Office to the Examination Offices. The fees set out in Annex I to Regulation (EC) No 1238/95 should therefore be modified for the cost groups concerned. |
| --- | --- |

(4)

Experience gathered concerning the technical examination shows that the examination fees may change over time for certain cost groups. The fees charged by the Office should reflect the total amount of the fees for the respective cost groups to be paid by the Office to the Examination Offices. The fees set out in Annex I to Regulation (EC) No 1238/95 should therefore be modified for the cost groups concerned.

| (5) | Regulation (EC) No 1238/95 should therefore be amended accordingly. |
| --- | --- |

(5)

Regulation (EC) No 1238/95 should therefore be amended accordingly.

| (6) | It would be appropriate that the proposed amendments apply as from 1 January 2017, to align with the beginning of the new financial year for the budget of the Office. |
| --- | --- |

(6)

It would be appropriate that the proposed amendments apply as from 1 January 2017, to align with the beginning of the new financial year for the budget of the Office.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Community Plant Variety Rights, |
| --- | --- |

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Community Plant Variety Rights,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1238/95 is amended as follows:

| (1) | in Article 9, paragraph 1 is replaced by the following:

  ‘1.   The Office shall charge a holder of a Community plant variety right (‘the holder’) a fee of EUR 330 for each year of the duration of a Community plant variety right (‘annual fee’), as referred to in Article 113(2)(d) of the Basic Regulation.’; |
| --- | --- |

(1)

in Article 9, paragraph 1 is replaced by the following:

‘1.   The Office shall charge a holder of a Community plant variety right (‘the holder’) a fee of EUR 330 for each year of the duration of a Community plant variety right (‘annual fee’), as referred to in Article 113(2)(d) of the Basic Regulation.’;

| (2) | Annex I is amended in accordance with the Annex to this Regulation. |
| --- | --- |

(2)

Annex I is amended in accordance with the Annex to this Regulation.

Article 2

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

It shall apply from 1 January 2017.

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

Done at Brussels, 6 December 2016.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 227, 1.9.1994, p. 1.

1

(2)  Commission Regulation (EC) No 1238/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards the fees payable to the Community Plant Variety Office (OJ L 121, 1.6.1995, p. 31).

2

---

ANNEX

‘ANNEX I

Fees relating to technical examination as referred to in Article 8

The fee to be paid for the technical examination of a variety pursuant to Article 8 shall be determined in accordance with the table:

| (in EUR) |
| --- |
| | Cost group | Fee |
| Agricultural group |
| 1 | Potato | 1 760 |
| 2 | Oilseed rape | 1 860 |
| 3 | Grasses | 2 430 |
| 4 | Other agricultural species | 1 530 |
| Fruit group |
| 5 | Apple | 3 050 |
| 6 | Strawberry | 2 920 |
| 7 | Other fruit species | 2 810 |
| Ornamental group |
| 8 | Ornamental living greenhouse | 2 020 |
| 9 | Ornamental living outdoor | 1 960 |
| 10 | Ornamental non-living greenhouse | 1 940 |
| 11 | Ornamental non-living outdoor | 1 730 |
| 12 | Ornamental special | 3 350 |
| Vegetable group |
| 13 | Vegetable greenhouse | 2 360 |
| 14 | Vegetable outdoor | 2 150 ’ |

(in EUR)

Cost group

Fee

Agricultural group

1

Potato

1 760

2

Oilseed rape

1 860

3

Grasses

2 430

4

Other agricultural species

1 530

Fruit group

5

Apple

3 050

6

Strawberry

2 920

7

Other fruit species

2 810

Ornamental group

8

Ornamental living greenhouse

2 020

9

Ornamental living outdoor

1 960

10

Ornamental non-living greenhouse

1 940

11

Ornamental non-living outdoor

1 730

12

Ornamental special

3 350

Vegetable group

13

Vegetable greenhouse

2 360

14

Vegetable outdoor

2 150 ’

---

| 7.12.2016 | EN | Official Journal of the European Union | L 332/16 |
| --- | --- | --- | --- |

7.12.2016

EN

Official Journal of the European Union

L 332/16

---

COMMISSION IMPLEMENTING REGULATION (EU) 2016/2142

of 6 December 2016

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

| (1) | Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
| --- | --- |

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

| (2) | The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
| --- | --- |

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day 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, 6 December 2016.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General

Directorate-General for Agriculture and Rural Development

---

(1)  
  OJ L 347, 20.12.2013, p. 671.

1

(2)  
  OJ L 157, 15.6.2011, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | CL | 115,2 |
| MA | 100,6 |
| TN | 200,0 |
| TR | 124,7 |
| ZZ | 135,1 |
| 0707 00 05 | EG | 191,7 |
| MA | 79,2 |
| TR | 161,9 |
| ZZ | 144,3 |
| 0709 93 10 | MA | 117,8 |
| TR | 151,7 |
| ZZ | 134,8 |
| 0805 10 20 | TR | 66,1 |
| UY | 62,9 |
| ZA | 59,7 |
| ZZ | 62,9 |
| 0805 20 10 | MA | 70,0 |
| TR | 71,7 |
| ZZ | 70,9 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | IL | 119,4 |
| JM | 114,6 |
| TR | 83,1 |
| ZZ | 105,7 |
| 0805 50 10 | TR | 81,3 |
| ZZ | 81,3 |
| 0808 10 80 | US | 100,7 |
| ZA | 160,7 |
| ZZ | 130,7 |
| 0808 30 90 | CN | 109,8 |
| TR | 126,8 |
| ZZ | 118,3 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

CL

115,2

MA

100,6

TN

200,0

TR

124,7

ZZ

135,1

0707 00 05

EG

191,7

MA

79,2

TR

161,9

ZZ

144,3

0709 93 10

MA

117,8

TR

151,7

ZZ

134,8

0805 10 20

TR

66,1

UY

62,9

ZA

59,7

ZZ

62,9

0805 20 10

MA

70,0

TR

71,7

ZZ

70,9

0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90

IL

119,4

JM

114,6

TR

83,1

ZZ

105,7

0805 50 10

TR

81,3

ZZ

81,3

0808 10 80

US

100,7

ZA

160,7

ZZ

130,7

0808 30 90

CN

109,8

TR

126,8

ZZ

118,3

---

(1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.

---

DECISIONS

| 7.12.2016 | EN | Official Journal of the European Union | L 332/18 |
| --- | --- | --- | --- |

7.12.2016

EN

Official Journal of the European Union

L 332/18

---

COUNCIL DECISION (EU) 2016/2143

of 1 December 2016

on the position to be adopted on behalf of the European Union within the CARIFORUM-EU Trade and Development Committee of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, as regards the establishment of a Special Committee on Agriculture and Fisheries

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (1) (‘the Agreement’), was signed on 15 October 2008, and has been provisionally applied since 29 December 2008. |
| --- | --- |

(1)

The Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (1) (‘the Agreement’), was signed on 15 October 2008, and has been provisionally applied since 29 December 2008.

| (2) | Pursuant to Article 230(4) of the Agreement, the CARIFORUM-EU Trade and Development Committee may set up and oversee any special committee to deal with matters falling within its competence. |
| --- | --- |

(2)

Pursuant to Article 230(4) of the Agreement, the CARIFORUM-EU Trade and Development Committee may set up and oversee any special committee to deal with matters falling within its competence.

| (3) | In order to achieve the objectives laid down in Article 37 of the Agreement, a Special Committee on Agriculture and Fisheries should be established to deal more efficiently with matters related to agriculture and fisheries, as agreed in previous CARIFORUM-EU Trade and Development Committee meetings. |
| --- | --- |

(3)

In order to achieve the objectives laid down in Article 37 of the Agreement, a Special Committee on Agriculture and Fisheries should be established to deal more efficiently with matters related to agriculture and fisheries, as agreed in previous CARIFORUM-EU Trade and Development Committee meetings.

| (4) | It is appropriate to establish the position to be adopted on behalf of the Union within the CARIFORUM-EU Trade and Development Committee with regard to the establishment of a Special Committee on Agriculture and Fisheries. |
| --- | --- |

(4)

It is appropriate to establish the position to be adopted on behalf of the Union within the CARIFORUM-EU Trade and Development Committee with regard to the establishment of a Special Committee on Agriculture and Fisheries.

| (5) | The position of the Union within the CARIFORUM-EU Trade and Development Committee should therefore be based on the attached draft Decision, |
| --- | --- |

(5)

The position of the Union within the CARIFORUM-EU Trade and Development Committee should therefore be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on behalf of the Union within the CARIFORUM-EU Trade and Development Committee of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, with regard to the establishment of a Special Committee on Agriculture and Fisheries shall be based on the draft Decision of the CARIFORUM-EU Trade and Development Committee attached to this Decision.

Technical changes to the draft Decision may be agreed to by the representatives of the Union in the CARIFORUM-EU Trade and Development Committee without further decision of the Council.

Article 2

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

Done at Brussels, 1 December 2016.

For the Council

The President

A. ÉRSEK

---

(1)  
  OJ L 289, 30.10.2008, p. 3.

1

---

DRAFT

DECISION No.../2016 OF THE CARIFORUM–EU TRADE AND DEVELOPMENT COMMITTEE

of ...

established by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, concerning the establishment of a Special Committee on Agriculture and Fisheries

THE CARIFORUM-EU TRADE AND DEVELOPMENT COMMITTEE,

Having regard to the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, and in particular Article 230(4)(a) thereof,

Having regard to the Rules of Procedure of the CARIFORUM-EU Trade and Development Committee, established by the Joint CARIFORUM-EU Council on 17 May 2010 by Decision No 1/2010, and in particular Article 11 thereof,

Whereas it is appropriate to establish a Special Committee on Agriculture and Fisheries in order to attain the objectives of the agriculture and fisheries provisions of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (‘the Agreement’),

HAS ADOPTED THIS DECISION:

Article 1

1.   The CARIFORUM-EU Special Committee on Agriculture and Fisheries is hereby established to carry out the functions set out in Article 2.

2.   The CARIFORUM-EU Special Committee on Agriculture and Fisheries shall also be a forum for the Parties to exchange experiences, information and best practices and to consult on all issues related to the objectives set out in Chapter 5 of Title I of Part II of the Agreement and relevant to trade between the Parties.

Article 2

The Special Committee on Agriculture and Fisheries shall:

| (a) | generally keep under review all aspects of Chapter 5 — Agriculture and Fisheries — of Title I of Part II, of the Agreement; |
| --- | --- |

(a)

generally keep under review all aspects of Chapter 5 — Agriculture and Fisheries — of Title I of Part II, of the Agreement;

| (b) | generally keep under review all other aspects of the Agreement that relate to agriculture and fisheries, including the following areas of Title I of Part II — Trade in goods:






  (i) | Chapter 1 — All matters relating to trade in agricultural and fisheries goods, including tariffs; |
| --- | --- | --- |

(b)

generally keep under review all other aspects of the Agreement that relate to agriculture and fisheries, including the following areas of Title I of Part II — Trade in goods:

(i)

Chapter 1 — All matters relating to trade in agricultural and fisheries goods, including tariffs;

| (ii) | Chapter 3 — Article 28 — Agricultural export subsidies; |
| --- | --- |

(ii)

Chapter 3 — Article 28 — Agricultural export subsidies;

| (iii) | Chapter 6 — Technical barriers to trade, as it relates to agricultural and fisheries goods; and |
| --- | --- |

(iii)

Chapter 6 — Technical barriers to trade, as it relates to agricultural and fisheries goods; and

| (iv) | Chapter 7 — Sanitary and phytosanitary measures, as it relates to agricultural and fisheries goods; |
| --- | --- |

(iv)

Chapter 7 — Sanitary and phytosanitary measures, as it relates to agricultural and fisheries goods;

| (c) | generally keep under review all aspects of Title IV, Chapter 2 — Innovation and Intellectual Property, as it relates to agriculture and fisheries goods, including Article 145 — Geographical indications and Article 149 — Plant varieties; |
| --- | --- |

(c)

generally keep under review all aspects of Title IV, Chapter 2 — Innovation and Intellectual Property, as it relates to agriculture and fisheries goods, including Article 145 — Geographical indications and Article 149 — Plant varieties;

| (d) | engage in dialogue on matters relating to agriculture and fisheries, including in the following areas:






  (i) | agriculture production, consumption and trade and on the respective market developments for agricultural and fisheries products; |
| --- | --- | --- |

(d)

engage in dialogue on matters relating to agriculture and fisheries, including in the following areas:

(i)

agriculture production, consumption and trade and on the respective market developments for agricultural and fisheries products;

| (ii) | the promotion of investment in and knowledge transfer to CARIFORUM agricultural, food and fisheries sectors, including small-scale activities; |
| --- | --- |

(ii)

the promotion of investment in and knowledge transfer to CARIFORUM agricultural, food and fisheries sectors, including small-scale activities;

| (iii) | agriculture, rural development and fisheries policies, laws and regulations; |
| --- | --- |

(iii)

agriculture, rural development and fisheries policies, laws and regulations;

| (iv) | the policy and institutional changes needed to underpin the transformation of the agricultural and fisheries sectors as well as the formulation and implementation of regional policies on agriculture, food, rural development and fisheries in pursuit of regional integration; |
| --- | --- |

(iv)

the policy and institutional changes needed to underpin the transformation of the agricultural and fisheries sectors as well as the formulation and implementation of regional policies on agriculture, food, rural development and fisheries in pursuit of regional integration;

| (v) | new technologies, research and innovation as well as policies and measures related to quality; and |
| --- | --- |

(v)

new technologies, research and innovation as well as policies and measures related to quality; and

| (vi) | trade policy developments concerning commodities and traditional agricultural products, including bananas, rum, rice and sugar; |
| --- | --- |

(vi)

trade policy developments concerning commodities and traditional agricultural products, including bananas, rum, rice and sugar;

| (e) | assist the CARIFORUM-EU Trade and Development Committee with regard to the following functions:






  (i) | to supervise and be responsible for the implementation and proper application of the provisions of the Agreement relating to agriculture and fisheries and to discuss and recommend priorities for cooperation in this regard; |
| --- | --- | --- |

(e)

assist the CARIFORUM-EU Trade and Development Committee with regard to the following functions:

(i)

to supervise and be responsible for the implementation and proper application of the provisions of the Agreement relating to agriculture and fisheries and to discuss and recommend priorities for cooperation in this regard;

| (ii) | to oversee any future amendment of the provisions of the Agreement relating to agriculture and fisheries and evaluate the application thereof; |
| --- | --- |

(ii)

to oversee any future amendment of the provisions of the Agreement relating to agriculture and fisheries and evaluate the application thereof;

| (iii) | to undertake action to avoid disputes and to resolve disputes that may arise regarding the interpretation or application of provisions of the Agreement relating to agriculture and fisheries, in accordance with the provisions of Part III thereof; |
| --- | --- |

(iii)

to undertake action to avoid disputes and to resolve disputes that may arise regarding the interpretation or application of provisions of the Agreement relating to agriculture and fisheries, in accordance with the provisions of Part III thereof;

| (iv) | to discuss and undertake actions that may facilitate trade, investment and business opportunities in the agricultural and fisheries sectors between the Parties; and |
| --- | --- |

(iv)

to discuss and undertake actions that may facilitate trade, investment and business opportunities in the agricultural and fisheries sectors between the Parties; and

| (v) | to discuss any matters pertaining to the agriculture and fisheries provisions of the Agreement and any issue liable to affect the attainment of its objectives; |
| --- | --- |

(v)

to discuss any matters pertaining to the agriculture and fisheries provisions of the Agreement and any issue liable to affect the attainment of its objectives;

| (f) | make recommendations to the CARIFORUM-EU Trade and Development Committee with a view to enhancing the implementation and operation of the agriculture and fisheries provisions of the Agreement. |
| --- | --- |

(f)

make recommendations to the CARIFORUM-EU Trade and Development Committee with a view to enhancing the implementation and operation of the agriculture and fisheries provisions of the Agreement.

Article 3

The Special Committee on Agriculture and Fisheries shall be composed of representatives of the Commission, of the one part, and of representatives of the CARIFORUM Directorate and the Signatory CARIFORUM States, of the other part.

Article 4

This Decision shall enter into force on ...

Done at ...

For the CARIFORUM-EU Trade and

Development Committe

---

| 7.12.2016 | EN | Official Journal of the European Union | L 332/22 |
| --- | --- | --- | --- |

7.12.2016

EN

Official Journal of the European Union

L 332/22

---

COUNCIL DECISION (CFSP) 2016/2144

of 6 December 2016

amending Decision 2013/255/CFSP concerning restrictive measures against Syria

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1),

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

| (1) | On 31 May 2013, the Council adopted Decision 2013/255/CFSP. |
| --- | --- |

(1)

On 31 May 2013, the Council adopted Decision 2013/255/CFSP.

| (2) | In view of the continuing humanitarian crisis in Syria and the critical role of Union actors in addressing the humanitarian needs of the Syrian people, it is important that humanitarian and civilian assistance activities continue inside Syria. The purchase of fuel is an operational requirement for the provision of humanitarian relief or assistance to the civilian population in Syria. Developments in the operational situation in Syria have shown that the current system for the licencing of the purchase of fuel in Syria is not sufficiently practical. |
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(2)

In view of the continuing humanitarian crisis in Syria and the critical role of Union actors in addressing the humanitarian needs of the Syrian people, it is important that humanitarian and civilian assistance activities continue inside Syria. The purchase of fuel is an operational requirement for the provision of humanitarian relief or assistance to the civilian population in Syria. Developments in the operational situation in Syria have shown that the current system for the licencing of the purchase of fuel in Syria is not sufficiently practical.

| (3) | It is therefore necessary to amend the humanitarian and civilian assistance derogations to the restrictions on the purchase or transport of petroleum products in Syria so as to provide for an authorisation scheme that better reflects operational conditions. |
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(3)

It is therefore necessary to amend the humanitarian and civilian assistance derogations to the restrictions on the purchase or transport of petroleum products in Syria so as to provide for an authorisation scheme that better reflects operational conditions.

| (4) | In addition, and for the same purpose, it is also necessary to amend the humanitarian derogation to the restrictions on the freezing of funds and economic resources. |
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(4)

In addition, and for the same purpose, it is also necessary to amend the humanitarian derogation to the restrictions on the freezing of funds and economic resources.

| (5) | Those amendments in no way affect compliance with Council Regulation (EC) No 2580/2001 (2), Council Regulation (EC) No 881/2002 (3) and Council Regulation (EU) 2016/1686 (4). |
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(5)

Those amendments in no way affect compliance with Council Regulation (EC) No 2580/2001 (2), Council Regulation (EC) No 881/2002 (3) and Council Regulation (EU) 2016/1686 (4).

| (6) | Further action by the Union is needed in order to implement certain measures. |
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(6)

Further action by the Union is needed in order to implement certain measures.

| (7) | Decision 2013/255/CFSP should be amended accordingly, |
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(7)

Decision 2013/255/CFSP should be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2013/255/CFSP is amended as follows:

| (1) | in Article 5, the following paragraphs are added:

  ‘3.   The prohibitions set out in paragraphs 1 and 2 shall not apply to the purchase or transport in Syria of petroleum products or to associated financing or financial assistance by public bodies, or by legal persons or entities which receive public funding from the Union or Member States to provide humanitarian relief in Syria or to provide assistance to the civilian population in Syria, where such products are purchased or transported for the sole purposes of providing humanitarian relief in Syria or to provide assistance to the civilian population in Syria.


  4.   The prohibitions set out in paragraphs 1 and 2 shall not apply to the purchase or transport of petroleum products by diplomatic or consular missions where such products are purchased or transported for official purposes of the mission.’; |
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(1)

in Article 5, the following paragraphs are added:

‘3.   The prohibitions set out in paragraphs 1 and 2 shall not apply to the purchase or transport in Syria of petroleum products or to associated financing or financial assistance by public bodies, or by legal persons or entities which receive public funding from the Union or Member States to provide humanitarian relief in Syria or to provide assistance to the civilian population in Syria, where such products are purchased or transported for the sole purposes of providing humanitarian relief in Syria or to provide assistance to the civilian population in Syria.

4.   The prohibitions set out in paragraphs 1 and 2 shall not apply to the purchase or transport of petroleum products by diplomatic or consular missions where such products are purchased or transported for official purposes of the mission.’;

| (2) | Article 6 is replaced by the following:

  ‘Article 6

  1.   With a view to helping the civilian population in Syria in cases not covered by Article 5(3) and by way of derogation from Article 5(1) and (2), the competent authorities of a Member State may authorise, on the general and specific terms and conditions they deem appropriate, the purchase or transport in Syria of petroleum products and the provision of associated financing or financial assistance, provided that the following conditions are met:






  (a) | the activities concerned are for the sole purpose of providing humanitarian relief in Syria or assistance to the civilian population in Syria; and |
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(2)

Article 6 is replaced by the following:

‘Article 6

1.   With a view to helping the civilian population in Syria in cases not covered by Article 5(3) and by way of derogation from Article 5(1) and (2), the competent authorities of a Member State may authorise, on the general and specific terms and conditions they deem appropriate, the purchase or transport in Syria of petroleum products and the provision of associated financing or financial assistance, provided that the following conditions are met:

(a)

the activities concerned are for the sole purpose of providing humanitarian relief in Syria or assistance to the civilian population in Syria; and

| (b) | the activities concerned do not breach any of the prohibitions laid down in this Decision. |
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(b)

the activities concerned do not breach any of the prohibitions laid down in this Decision.

2.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article within two weeks of any authorisation granted. For an authorisation granted under paragraph 1, the notification shall contain details about the authorised entity and about its humanitarian activities in Syria.’;

| (3) | in Article 28(6), point (e) is deleted; |
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(3)

in Article 28(6), point (e) is deleted;

| (4) | the following article is inserted:

  ‘Article 28a

  1.   The prohibition set out in Article 28(5) shall not apply to funds or economic resources made available to the natural or legal persons and entities listed in Annexes I and II by public bodies, or by legal persons or entities which receive public funding to provide humanitarian relief in Syria or to provide assistance to the civilian population in Syria, where the provision of such funds or economic resources is in accordance with Article 5(3).


  2.   In cases not covered by paragraph 1 of this Article and by way of derogation from Article 28(5), the competent authorities of a Member State may authorise the making available of certain funds or economic resources, on the general and specific terms and conditions they deem appropriate, after having determined that the making available of funds or economic resources concerned is necessary for the sole purpose of providing humanitarian relief in Syria or assistance to the civilian population in Syria.


  3.   The prohibition in Article 28(5) shall not apply to funds or economic resources made available to the natural or legal persons or entities listed in Annexes I and II by diplomatic or consular missions where the provision of such funds or economic resources is in accordance with Article 5(4).


  4.   By way of derogation from Articles 28(1) and 28(2), the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources on the general and specific terms and conditions they deem appropriate after having determined that the funds and economic resources concerned are necessary for the sole purpose of providing humanitarian relief in Syria or assistance to the civilian population in Syria. The funds or economic resources shall be released to the UN for the purpose of delivering or facilitating the delivery of assistance in Syria in accordance with the Syria Humanitarian Response Plan or any successor plan coordinated by the UN.


  5.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 2 and 4 within two weeks of any authorisation granted.’. |
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(4)

the following article is inserted:

‘Article 28a

1.   The prohibition set out in Article 28(5) shall not apply to funds or economic resources made available to the natural or legal persons and entities listed in Annexes I and II by public bodies, or by legal persons or entities which receive public funding to provide humanitarian relief in Syria or to provide assistance to the civilian population in Syria, where the provision of such funds or economic resources is in accordance with Article 5(3).

2.   In cases not covered by paragraph 1 of this Article and by way of derogation from Article 28(5), the competent authorities of a Member State may authorise the making available of certain funds or economic resources, on the general and specific terms and conditions they deem appropriate, after having determined that the making available of funds or economic resources concerned is necessary for the sole purpose of providing humanitarian relief in Syria or assistance to the civilian population in Syria.

3.   The prohibition in Article 28(5) shall not apply to funds or economic resources made available to the natural or legal persons or entities listed in Annexes I and II by diplomatic or consular missions where the provision of such funds or economic resources is in accordance with Article 5(4).

4.   By way of derogation from Articles 28(1) and 28(2), the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources on the general and specific terms and conditions they deem appropriate after having determined that the funds and economic resources concerned are necessary for the sole purpose of providing humanitarian relief in Syria or assistance to the civilian population in Syria. The funds or economic resources shall be released to the UN for the purpose of delivering or facilitating the delivery of assistance in Syria in accordance with the Syria Humanitarian Response Plan or any successor plan coordinated by the UN.

5.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 2 and 4 within two weeks of any authorisation granted.’.

Article 2

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

Done at Brussels, 6 December 2016.

For the Council

The President

P. KAŽIMÍR

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(1)  
  OJ L 147, 1.6.2013, p. 14.

1

(2)  Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (OJ L 344, 28.12.2001, p. 70).

2

(3)  Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations(OJ L 139, 29.5.2002, p. 9).

3

(4)  Council Regulation (EU) 2016/1686 of 20 September 2016 imposing additional restrictive measures directed against ISIL (Da'esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them (OJ L 255, 21.9.2016, p. 1).

4

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