# Official Journal L 119/2015

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 119 |
| | |
| English edition | Legislation | Volume 5812 May 2015 |

ISSN 1977-0677

Official Journal

of the European Union

L 119

English edition

Legislation

Volume 5812 May 2015

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2015/745 of 4 May 2015 entering a name in the register of protected designations of origin and protected geographical indications (Hollandse geitenkaas (PGI)) | 1 |
| | * | Commission Implementing Regulation (EU) 2015/746 of 11 May 2015 amending Implementing Regulation (EU) No 433/2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries | 3 |
| | * | Commission Implementing Regulation (EU) 2015/747 of 11 May 2015 derogating from Implementing Regulation (EU) No 809/2014 as regards the final date of submission of the single application, aid applications or payment claims, the final date for notification of amendments to the single application or payment claim and the final date for applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme for the year 2015 | 21 |
| | | Commission Implementing Regulation (EU) 2015/748 of 11 May 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables | 23 |
| | | DECISIONS |
| | * | Commission Implementing Decision (EU) 2015/749 of 7 May 2015 repealing Decision 2007/410/EC on measures to prevent the introduction into and the spread within the Community of Potato spindle tuber viroid
  (notified under document C(2015) 3023) | 25 |
| | * | Commission Implementing Decision (EU) 2015/750 of 8 May 2015 on the harmonisation of the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union
  (notified under document C(2015) 3061)

   (
  1
  ) | 27 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2015/745 of 4 May 2015 entering a name in the register of protected designations of origin and protected geographical indications (Hollandse geitenkaas (PGI))

1

*

Commission Implementing Regulation (EU) 2015/746 of 11 May 2015 amending Implementing Regulation (EU) No 433/2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries

3

*

Commission Implementing Regulation (EU) 2015/747 of 11 May 2015 derogating from Implementing Regulation (EU) No 809/2014 as regards the final date of submission of the single application, aid applications or payment claims, the final date for notification of amendments to the single application or payment claim and the final date for applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme for the year 2015

21

Commission Implementing Regulation (EU) 2015/748 of 11 May 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

23

DECISIONS

*

Commission Implementing Decision (EU) 2015/749 of 7 May 2015 repealing Decision 2007/410/EC on measures to prevent the introduction into and the spread within the Community of Potato spindle tuber viroid
  (notified under document C(2015) 3023)

(notified under document C(2015) 3023)

25

*

Commission Implementing Decision (EU) 2015/750 of 8 May 2015 on the harmonisation of the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union
  (notified under document C(2015) 3061)

   (
  1
  )

(notified under document C(2015) 3061)

1

27

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(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.

---

II Non-legislative acts

REGULATIONS

| 12.5.2015 | EN | Official Journal of the European Union | L 119/1 |
| --- | --- | --- | --- |

12.5.2015

EN

Official Journal of the European Union

L 119/1

---

COMMISSION IMPLEMENTING REGULATION (EU) 2015/745

of 4 May 2015

entering a name in the register of protected designations of origin and protected geographical indications (Hollandse geitenkaas (PGI))

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

| (1) | Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the Netherlands' application to register the name ‘Hollandse geitenkaas’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the Netherlands' application to register the name ‘Hollandse geitenkaas’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of objection under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Hollandse geitenkaas’ should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of objection under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Hollandse geitenkaas’ should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Hollandse geitenkaas’ (PGI) is hereby entered in the register.

The name referred to in the first paragraph identifies a product in Class 1.3. Cheeses, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

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, 4 May 2015.

For the Commission,

On behalf of the President,

Phil HOGAN

Member of the Commission

---

(1)  
  OJ L 343, 14.12.2012, p. 1.

1

(2)  
  OJ C 443, 11.12.2014, p. 11.

2

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).

3

---

| 12.5.2015 | EN | Official Journal of the European Union | L 119/3 |
| --- | --- | --- | --- |

12.5.2015

EN

Official Journal of the European Union

L 119/3

---

COMMISSION IMPLEMENTING REGULATION (EU) 2015/746

of 11 May 2015

amending Implementing Regulation (EU) No 433/2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999 (1), and in particular Articles 12(2), 24(4), 27(1) and 45(2) thereof,

Whereas:

| (1) | Regulation (EU) No 1236/2010 lays down certain specific control measures to monitor fishing activities of the Union in the Area covered by the North-East Atlantic Fisheries Commission (NEAFC) and supplements control measures provided for in Council Regulation (EC) No 1224/2009 (2). |
| --- | --- |

(1)

Regulation (EU) No 1236/2010 lays down certain specific control measures to monitor fishing activities of the Union in the Area covered by the North-East Atlantic Fisheries Commission (NEAFC) and supplements control measures provided for in Council Regulation (EC) No 1224/2009 (2).

| (2) | Detailed rules for the application of Regulation (EU) No 1236/2010 were adopted through Commission Implementing Regulation (EU) No 433/2012 (3). |
| --- | --- |

(2)

Detailed rules for the application of Regulation (EU) No 1236/2010 were adopted through Commission Implementing Regulation (EU) No 433/2012 (3).

| (3) | At its Annual Meeting in November 2013, NEAFC adopted Recommendation 9:2014 amending Article 22 and Annexes XV and XVI of the Scheme on port State control and inspection report forms. At the same Annual Meeting, NEAFC adopted Recommendations 12:2014, 13:2014 and 14:2014 amending Annex IX of the Scheme on data exchange formats and protocols, and Recommendation 16:2014 amending Appendix 1 to Annex IX of the Scheme on confidential treatment of electronic data. At its Annual Meeting in November 2014, NEAFC adopted Recommendation 16:2015 amending Appendix 2 to Annex II of the Scheme on codes for main gear types. At the same meeting it adopted Recommendation 12:2015 amending Recommendation 9:2014 with respect to Articles 22 and 23 and Annexes XV and XVI of the Scheme on port state control forms. |
| --- | --- |

(3)

At its Annual Meeting in November 2013, NEAFC adopted Recommendation 9:2014 amending Article 22 and Annexes XV and XVI of the Scheme on port State control and inspection report forms. At the same Annual Meeting, NEAFC adopted Recommendations 12:2014, 13:2014 and 14:2014 amending Annex IX of the Scheme on data exchange formats and protocols, and Recommendation 16:2014 amending Appendix 1 to Annex IX of the Scheme on confidential treatment of electronic data. At its Annual Meeting in November 2014, NEAFC adopted Recommendation 16:2015 amending Appendix 2 to Annex II of the Scheme on codes for main gear types. At the same meeting it adopted Recommendation 12:2015 amending Recommendation 9:2014 with respect to Articles 22 and 23 and Annexes XV and XVI of the Scheme on port state control forms.

| (4) | In accordance with Articles 12 and 15 of the Convention on future multilateral cooperation in the North-East Atlantic fisheries approved by Council Decision 81/608/EEC (4), Recommendations 12:2014, 13:2014, 14:2014 and 16:2014 came into force on 7 February 2014 and Recommendation 16:2015 came into force on 6 February 2015. |
| --- | --- |

(4)

In accordance with Articles 12 and 15 of the Convention on future multilateral cooperation in the North-East Atlantic fisheries approved by Council Decision 81/608/EEC (4), Recommendations 12:2014, 13:2014, 14:2014 and 16:2014 came into force on 7 February 2014 and Recommendation 16:2015 came into force on 6 February 2015.

| (5) | Pursuant to its provisions, Recommendation 9:2014 as amended by Recommendation 12:2015 will enter into force on 1 July 2015. |
| --- | --- |

(5)

Pursuant to its provisions, Recommendation 9:2014 as amended by Recommendation 12:2015 will enter into force on 1 July 2015.

| (6) | It is necessary to transpose those Recommendations into Union law. Implementing Regulation (EU) No 433/2012 should therefore be amended accordingly. |
| --- | --- |

(6)

It is necessary to transpose those Recommendations into Union law. Implementing Regulation (EU) No 433/2012 should therefore be amended accordingly.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture, |
| --- | --- |

(7)

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

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) No 433/2012 is amended as follows:

| (1) | in Article 12, points (a) and (b) are replaced by the following:






  ‘(a) | the form PSC 1 shall be used where the vessel is carrying its own catches; |
| --- | --- | --- |

(1)

in Article 12, points (a) and (b) are replaced by the following:

‘(a)

the form PSC 1 shall be used where the vessel is carrying its own catches;

| (b) | the form PSC 2 shall be used where the vessel is engaged in transhipment operations, providing the information separately for catches from each donor vessel.’ |
| --- | --- |

(b)

the form PSC 2 shall be used where the vessel is engaged in transhipment operations, providing the information separately for catches from each donor vessel.’

;

| (2) | Article 13 is replaced by the following:

  ‘Article 13

  1.   When completing the prior notification in accordance with Article 25(1) of Regulation (EU) No 1236/2010, the flag Member State shall complete Part B of the PSC form provided for in Annex VIII.


  2.   When completing the prior notification in accordance with Article 25(2) and (4) of Regulation (EU) No 1236/2010, the port Member State shall complete Part C of the PSC form provided for in Annex VIII.’

  ; |
| --- | --- |

(2)

Article 13 is replaced by the following:

‘Article 13

1.   When completing the prior notification in accordance with Article 25(1) of Regulation (EU) No 1236/2010, the flag Member State shall complete Part B of the PSC form provided for in Annex VIII.

2.   When completing the prior notification in accordance with Article 25(2) and (4) of Regulation (EU) No 1236/2010, the port Member State shall complete Part C of the PSC form provided for in Annex VIII.’

| (3) | In Article 16 the first sentence is replaced by the following:

  ‘The data exchange formats and data communication systems referred to in Article 12(2) of Regulation (EU) No 1236/2010 to be used for transmission of reports and information to the NEAFC Secretary shall comply with the rules set out in Annex X;’ |
| --- | --- |

(3)

In Article 16 the first sentence is replaced by the following:

‘The data exchange formats and data communication systems referred to in Article 12(2) of Regulation (EU) No 1236/2010 to be used for transmission of reports and information to the NEAFC Secretary shall comply with the rules set out in Annex X;’

| (4) | Annex VIII is replaced by the text in Annex 1 to this Regulation; |
| --- | --- |

(4)

Annex VIII is replaced by the text in Annex 1 to this Regulation;

| (5) | Annex IX is replaced by the text in Annex 2 to this Regulation; |
| --- | --- |

(5)

Annex IX is replaced by the text in Annex 2 to this Regulation;

| (6) | Annex X is amended as follows:






  (a) | the title is replaced by the following:


  ‘DATA EXCHANGE FORMAT AND DATA COMMUNICATION SYSTEMS’

  ; |
| --- | --- | --- |

(6)

Annex X is amended as follows:

(a)

the title is replaced by the following:

‘DATA EXCHANGE FORMAT AND DATA COMMUNICATION SYSTEMS’

‘DATA EXCHANGE FORMAT AND DATA COMMUNICATION SYSTEMS’

| (b) | Section B is replaced by the text in Annex 3 to this Regulation; |
| --- | --- |

(b)

Section B is replaced by the text in Annex 3 to this Regulation;

| (c) | in Section D.2, point (b) is replaced by the text in Annex 4 to this Regulation; |
| --- | --- |

(c)

in Section D.2, point (b) is replaced by the text in Annex 4 to this Regulation;

| (d) | in Section D.2, a new point (c) is added as set out in Annex 5 to this Regulation; |
| --- | --- |

(d)

in Section D.2, a new point (c) is added as set out in Annex 5 to this Regulation;

| (7) | Annex XI is amended as follows:






  (a) | Section C is replaced by the text in Annex 6 to this Regulation; |
| --- | --- | --- |

(7)

Annex XI is amended as follows:

(a)

Section C is replaced by the text in Annex 6 to this Regulation;

| (b) | a new Section G is added as set out in Annex 7 to this Regulation; |
| --- | --- |

(b)

a new Section G is added as set out in Annex 7 to this Regulation;

| (8) | Annex XII is replaced by the text in Annex 8 to this Regulation. |
| --- | --- |

(8)

Annex XII is replaced by the text in Annex 8 to this Regulation.

Article 2

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

However, Article 1(1), (2), (4), (5) and (7)(b) shall apply from 1 July 2015.

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

Done at Brussels, 11 May 2015.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 348, 31.12.2010, p. 17.

1

(2)  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).

2

(3)  Commission Implementing Regulation (EU) No 433/2012 of 23 May 2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries (OJ L 136, 25.5.2012, p. 41).

3

(4)  Council Decision 81/608/EEC of 13 July 1981 concerning the conclusion of the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (OJ L 227, 12.8.1981, p. 21).

4

---

ANNEX 1

Annex VIII to Implementing Regulation (EU) No 433/2012 is replaced by the following:

‘ANNEX VIII

PORT STATE CONTROL FORMS

Notifications and the completion of Parts A, B and C pursuant to Articles 22, 23 and 39 of the NEAFC scheme of control and enforcement shall be done through an online application established by the NEAFC Secretary on the NEAFC website. A fax-based system, using the forms set out in this Annex shall be used as a back-up system in the event that the NEAFC website is offline.

Image 1

PORT STATE CONTROL FORM — PSC 1

PART A: To be completed by the Master of the Vessel. Please use black ink (1)

Name of Vessel:

IMO Number (2):

Radio Call Sign:

Flag State:

E-mail Address:

Telephone Number:

Fax Number:

Inmarsat Number:

Vessel master’s name:

Vessel master’s nationality:

Vessel owner:

Certificate of Registry ID:

Vessel dimension:

Length (m):

Beam (m):

Draft (m):

Port State:

Port of Landing or Transhipment:

Last port of call:

Date:

Estimated Time of Arrival:

Date:

Time UTC:

Total catch on board — all areas

Catch to be landed (3)

Species (4)

Product (5)

Type of process-ing (6)

Area of catch

Conversion factor

Product weight (kg)

Product weight (kg)

NEAFC CA

(ICES subareas and divisions)

NAFO RA

(Sub Division)

Other areas

Image 2

PART B: For official use only — to be completed by the Flag State

The Flag State of the vessel must respond to the following questions by marking in the box ‘Yes’ or ‘No’

NEAFC CA

NAFO RA

Yes

No

Yes

No

a) The fishing vessel declared to have caught the fish had sufficient quota for the species declared

b) The quantities on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable

c) The fishing vessel declared to have caught the fish had authorisation to fish in the area declared

d) The presence of the fishing vessel in the area of catch declared has been verified according to VMS data

Flag State confirmation: I confirm that the above information is complete, true and correct to the best of my knowledge and belief.

Name and Title:

Date:

Signature:

Official Stamp:

PART C: For official use only — to be completed by the Port State

Name of Port State:

Authorisation:

Yes:

No:

Date:

Signature:

Official Stamp:

(1) Black ink is required when faxing forms

(2) Fishing vessels not assigned an IMO number shall provide their external registration number

(3) If necessary an additional form or forms shall be used

(4) FAO Species Codes — Annex V

(5) Product presentations — Appendix 1 to Annex IV

(6) Type of processing — NEAFC Appendix 1c) to Annex IV

Image 3

PORT STATE CONTROL FORM — PSC 2

PART A: To be completed by the Master of the Vessel. A separate form shall be completed for each donor vessel. Please use black ink (1)

Name of Vessel:

IMO Number (2):

Radio Call Sign:

Flag State:

E-mail Address:

Telephone Number:

Fax Number:

Inmarsat Number:

Vessel master’s name:

Vessel master’s nationality:

Vessel owner:

Certificate of Registry ID:

Vessel dimension:

Length (m):

Beam (m):

Draft (m):

Port State:

Port of Landing or Transhipment:

Last port of call:

Date:

Date and location of transhipment:

Transhipment authorisation if relevant:

Estimated Time of Arrival:

Date:

Time UTC:

Catch Information for Donor Vessels: A separate form shall be completed for each Donor Vessel

Name of Vessel

IMO Number (2)

Radio Call Sign

Flag State

Total catch on board — all areas

Catch to be landed (3)

Species (4)

Product (5)

Type of process-ing (6)

Area of catch

Conversion factor

Product weight (kg)

Product weight (kg)

NEAFC CA

(ICES subareas and divisions)

NAFO RA

(Sub Division)

Other areas

Image 4

PART B: For official use only — to be completed by the Flag State

The Flag State of the vessel must respond to the following questions by marking in the box ‘Yes’ or ‘No’

NEAFC CA

NAFO RA

Yes

No

Yes

No

a) The fishing vessel declared to have caught the fish had sufficient quota for the species declared

b) The quantities on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable

c) The fishing vessel declared to have caught the fish had authorisation to fish in the area declared

d) The presence of the fishing vessel in the area of catch declared has been verified according to VMS data

Flag State confirmation: I confirm that the above information is complete, true and correct to the best of my knowledge and belief.

Name and Title:

Date:

Signature:

Official Stamp:

PART C: For official use only — to be completed by the Port State

Name of Port State:

Authorisation:

Yes:

No:

Date:

Signature:

Official Stamp:

(1) Black ink is required when faxing forms.

(2) Fishing vessels not assigned an IMO number shall provide their external registration number.

(3) If necessary an additional form or forms shall be used.

(4) FAO Species Codes — Annex V.

(5) Product presentations — Appendix 1 to Annex IV.

(6) Type of processing — NEAFC Appendix 1c) to Annex IV.

---

ANNEX 2

Annex IX to Implementing Regulation (EU) No 433/2012 is replaced by the following:

‘ANNEX IX

Image 5

INSPECTION REPORT FORM

Report on Port State Control inspection (PSC 3)

Inspection report number:

A. INSPECTION REFERENCE

Landing

Yes

No

Transhipment

Yes

No

Other reason for port entry

Port State

Port of landing or transhipment

Vessel name

Flag State

IMO Number (1)

International Radio call sign

Landing/transhipment started

Date

Time

Landing/transhipment ended

Date

Time

Vessel Type

Certificate of Registry ID

Port of Registry

VMS

Vessel master’s name

Vessel master’s nationality

Fishing master’s name

Fishing master’s nationality

Vessel’s owner/operator

Vessel’s beneficial owner (2)

Vessel’s agent

Last port of call:

Date:

B. INSPECTION DETAILS

Name of donor vessel (3)

IMO Number (1)

Radio call sign

Flag State

Image 6

B 1. Catch recorded in the logbook

Species (4)

Area of catch

Declared live weight kg

Conversion factor used

B 2. Fish landed or transhipped (3)

Spe-cies (4)

Type of process-ing (5)

Pro-duct (6)

Area of catch

Product weight landed in kg

Con-version factor

Equivalent live weight kg

Diff (kg) between live weight declared in the logbook and the live weight landed

Diff (%) between live weight declared in the logbook and the live weight landed

Diff (kg) between Product weight landed and PSC 1/2

Diff (%) between Product weight landed and PSC 1/2

RELEVANT TRANSHIPMENT AUTHORISATION:

B 3. Information about landings authorised without confirmation from the flag State ref: NEAFC art. 23.2/NAFO art. 45.6

Name of storage:

Name of competent authorities:

Deadline for receiving confirmation:

Image 7

B 4. Fish retained on board

Species (4)

Type of process-ing (5)

Pro-duct (6)

Area of catch

Product weight in kg

Conversion factor

Live weight kg

Diff. (kg) between product weight on board and PSC 1/2

Diff. (%) between product weight on board and PSC 1/2

C. RESULTS OF INSPECTION

C1. General

Inspection started

Date

Time

Inspection ended

Date

Time

Status in other RFMO areas where fishing or fishing-related activities have been undertaken, including any IUU vessel listing

RFMO

Vessel identifier

Flag State status

Vessel on authorised list

Vessel on IUU list

Observations

C2. Gear inspection in port (in accordance with Annex XVIII (e))

A. General data

Number of gear inspected

Date gear inspection

Has the vessel been cited?

Yes

No

If yes, complete the full ‘verification of inspection in port’ form.

If no, complete the form with the exception of the seal details

B. Otter Trawl details

Seal number

Is seal undamaged?

Yes

No

Gear type

Image 8

Attachments:

Grate Bar Spacing (mm):

Mesh type:

Average mesh sizes (mm):

Trawl part:

Wings:

Body:

Lengthening Piece:

Codend:

D. OBSERVATIONS BY THE MASTER

I, the undersigned, Master of the vessel hereby confirm that a copy of this report have been delivered to me on this date. My signature does not constitute acceptance of any part of the contents of this report, except my own observations, if any.

Signature: Date:

E. INFRINGEMENTS AND FOLLOW-UP

E1. NAFO

E1.A. Sea Inspection

Infringements resulting from Inspections inside NAFO R.A.

Inspection Party

Date of insp.

Division

NAFO CEM infringement legal reference

E1.B. Port Inspection results

(a) Confirmation of Infringements found at sea inspection

NAFO CEM infringement legal reference

National Infringement legal reference

(b) Infringements found at sea inspection and not possible to be confirmed during the Port Inspection.

Comments:

Image 9

(c) Additional infringements found during the Port Inspection

NAFO CEM infringement legal reference

National Infringement legal reference

E2. NEAFC infringement noted

Article

NEAFC provision(s) violated and summary of pertinent facts

Inspector’s observations:

Action taken:

Inspecting authority/agency

Inspector’s Name

Inspector’s signature

Date and place

F. DISTRIBUTION

Copy to flag State

Copy to NEAFC Secretary

Copy to NAFO Executive Secretary

(1) Fishing vessels not assigned an IMO number shall provide their external registration number.

(2) If known and if different from vessel’s owner.

(3) In cases where a vessel has engaged in transhipment operations, a separate form shall be used for each donor vessel.

(4) FAO Species Codes — NEAFC Annex V — NAFO Annex II.

(5) Type of processing — NEAFC Appendix 1c) to Annex IV.

(6) Product presentations — NEAFC Appendix 1 to Annex IV — NAFO Annex XX (C).

---

ANNEX 3

Section B of Annex X to Implementing Regulation (EU) No 433/2012 is replaced by the following:

‘B.   Data communication systems

Electronic data transmission of reports and messages between Member States and the Secretary shall use data communication systems duly tested.’

---

ANNEX 4

In Section D.2 of Annex X to Implementing Regulation (EU) No 433/2012, point (b) is replaced by the following:

| ‘b) | Return error numbers:









  Subject/Annex | Error Numbers | Error cause |
| --- | --- | --- | --- |
| Rejected (NAK)
  Follow-up action required | Accepted and Stored (ACK)
  Follow-up action required | Accepted and Stored (ACK) with warning |
| Communication | 101 | | | Message is unreadable |
| | 102 | | | Data value or size out of range |
| | 104 | | | Mandatory data missing |
| | 105 | | | This report is a duplicate; attempt to re-send a report previously rejected |
| | 106 | | | Unauthorised data source |
| | | | 150 | Sequence error |
| | | | 151 | Date/Time in the future |
| | | | 155 | This report is a duplicate; attempt to re-send a report previously accepted |
| Annex II | | | 250 | Attempt to re-Notify a vessel |
| | | 251 | | Vessel is not Notified |
| | | 252 | | Species not AUT, or LIM or SUS |
| Annex VIII | | 301 | | Catch prior to Catch on Entry |
| | | 302 | | Transhipment prior to Catch on Entry |
| | | 303 | | Catch on Exit prior to Catch on Entry |
| | | 304 | | No Position received (CAT, TRA, COX) |
| | | | 350 | Position without Catch on Entry |
| Annex X | 401 | | | Surveillance Exit prior to Surveillance Entry |
| | | 450 | | Observation without Surveillance Entry |
| | | 451 | | Inspectors or craft not notified’ |

‘b)

Subject/Annex

Error Numbers

Error cause

Rejected (NAK)

Follow-up action required

Accepted and Stored (ACK)

Follow-up action required

Accepted and Stored (ACK) with warning

Communication

101

Message is unreadable

102

Data value or size out of range

104

Mandatory data missing

105

This report is a duplicate; attempt to re-send a report previously rejected

106

Unauthorised data source

150

Sequence error

151

Date/Time in the future

155

This report is a duplicate; attempt to re-send a report previously accepted

Annex II

250

Attempt to re-Notify a vessel

251

Vessel is not Notified

252

Species not AUT, or LIM or SUS

Annex VIII

301

Catch prior to Catch on Entry

302

Transhipment prior to Catch on Entry

303

Catch on Exit prior to Catch on Entry

304

No Position received (CAT, TRA, COX)

350

Position without Catch on Entry

Annex X

401

Surveillance Exit prior to Surveillance Entry

450

Observation without Surveillance Entry

451

Inspectors or craft not notified’

---

ANNEX 5

In Section D.2 of Annex X to Implementing Regulation (EU) No 433/2012, the following point (c) is added:

| ‘c) | Identification of duplicate messages and reports:





























  Message/Reports | Data Elements |
| --- | --- | --- |
| | TM | AD | SQ | RC | LA/LT | LO/LG | SP | CO | DA | TI | OB | CA | RA | DF | KG | TT | TF | PD | PT | CS | PO | CR | YR |
| Position | POS | y | | y | y | y | | | y | y | | | | | | | | | | | | | |
| Entry | ENT | y | | y | y | y | | | y | y | | | | | | | | | | | | | |
| Exit | EXI | y | | y | y | y | | | y | y | | | | | | | | | | | | | |
| Manual | MAN | y | | y | y | y | | | y | y | | | | | | | | | | | | | |
| Catch on Entry | COE | y | | y | | | | | y | y | y | | | | | | | | | | | | |
| Catch | CAT | y | | y | | | | | Y | Y | | Y | Y | Y | | | | | | | | | |
| Catch on Exit | COX | y | | y | | | | | Y | Y | | Y | Y | Y | | | | | | | | | |
| Transhipment | TRA | y | | y | | | | | Y | Y | | | | | Y | Y | Y | Y | Y | | | | |
| Port of Landing | POR | y | | y | | | | | Y | Y | Y | | | | Y | | | Y | Y | Y | Y | | |
| Cancel | CAN | y | | y | | | | | y | y | | | | | | | | | | | | Y | Y |

‘c)

Message/Reports

Data Elements

TM

AD

SQ

RC

LA/LT

LO/LG

SP

CO

DA

TI

OB

CA

RA

DF

KG

TT

TF

PD

PT

CS

PO

CR

YR

Position

POS

y

y

y

y

y

y

Entry

ENT

y

y

y

y

y

y

Exit

EXI

y

y

y

y

y

y

Manual

MAN

y

y

y

y

y

y

Catch on Entry

COE

y

y

y

y

y

Catch

CAT

y

y

Y

Y

Y

Y

Y

Catch on Exit

COX

y

y

Y

Y

Y

Y

Y

Transhipment

TRA

y

y

Y

Y

Y

Y

Y

Y

Y

Port of Landing

POR

y

y

Y

Y

Y

Y

Y

Y

Y

Y

Cancel

CAN

y

y

y

y

Y

Y

For each message, if data in data-elements marked “Y” is identical, then identify message as duplicate’

---

ANNEX 6

In Annex XI to Implementing Regulation (EU) No 433/2012, Section C is replaced by the following:

‘C.   Main gear types

| FAO Alpha Code | Gear type |
| --- | --- |
| | Surrounding Nets |
| PS | With purse lines |
| PS1 | 1 vessel purse seine |
| PS2 | 2 vessels purse seine |
| | |
| | Seine Nets |
| SSC | Seine Scottish |
| | |
| | Trawls — Bottom |
| OTB | Bottom otter trawl |
| PTB | Bottom pair trawls |
| TBN | Bottom trawl Nephrop |
| TBS | Bottom trawl shrimp |
| OTT | Otter twin trawl |
| | |
| | Trawls — Midwater |
| OTM | Midwater otter trawl |
| PTM | Midwater trawls pair |
| | |
| | Gillnets and Entangling Nets |
| GNS | Gillnet anchored |
| GND | Drift nets |
| GEN | Gill tangle net (Not specified) |
| | |
| | Traps |
| FPO | Pot |
| | |
| | Hooks and Lines |
| LHP | Hand lines |
| LHM | Hand line mechanical |
| LLS | Set line long line |
| LLD | Drifting long line |
| LL | Long line |
| LTL | Trolling long line |
| LX | Hook and lines |
| | |
| | Harvesting Machines |
| HMP | Pumps |
| | No Gear |
| NIL | No fishing gear to report’ |

FAO Alpha Code

Gear type

Surrounding Nets

PS

With purse lines

PS1

1 vessel purse seine

PS2

2 vessels purse seine

Seine Nets

SSC

Seine Scottish

Trawls — Bottom

OTB

Bottom otter trawl

PTB

Bottom pair trawls

TBN

Bottom trawl Nephrop

TBS

Bottom trawl shrimp

OTT

Otter twin trawl

Trawls — Midwater

OTM

Midwater otter trawl

PTM

Midwater trawls pair

Gillnets and Entangling Nets

GNS

Gillnet anchored

GND

Drift nets

GEN

Gill tangle net (Not specified)

Traps

FPO

Pot

Hooks and Lines

LHP

Hand lines

LHM

Hand line mechanical

LLS

Set line long line

LLD

Drifting long line

LL

Long line

LTL

Trolling long line

LX

Hook and lines

Harvesting Machines

HMP

Pumps

No Gear

NIL

No fishing gear to report’

---

ANNEX 7

In Annex XI to Implementing Regulation (EU) No 433/2012, the following Section G is added:

‘G.   Type of Processing

| Code | Type |
| --- | --- |
| FRZ | Frozen |
| FRE | Fresh |
| OTH | Any other processing’ |

Code

Type

FRZ

Frozen

FRE

Fresh

OTH

Any other processing’

---

ANNEX 8

Annex XII to Implementing Regulation (EU) No 433/2012 is replaced by the following:

‘ANNEX XII

CONFIDENTIAL TREATMENT OF ELECTRONIC DATA

Member States shall, when transmitting and receiving electronic data, take the necessary measures to comply with the confidentiality and security provisions set out in Recommendations approved by the NEAFC Commission.’

---

| 12.5.2015 | EN | Official Journal of the European Union | L 119/21 |
| --- | --- | --- | --- |

12.5.2015

EN

Official Journal of the European Union

L 119/21

---

COMMISSION IMPLEMENTING REGULATION (EU) 2015/747

of 11 May 2015

derogating from Implementing Regulation (EU) No 809/2014 as regards the final date of submission of the single application, aid applications or payment claims, the final date for notification of amendments to the single application or payment claim and the final date for applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme for the year 2015

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular point (b) of the first paragraph and the second paragraph of Article 78 thereof,

Whereas:

| (1) | Commission Implementing Regulation (EU) No 809/2014 (2) provides for the final date of submission of the single application, aid applications or payment claims, for the final date for notification of amendments to the single application or payment claim and for the final date for submission of applications for allocation of payments entitlements or the increase of the value of payments entitlements under the basic payment scheme. |
| --- | --- |

(1)

Commission Implementing Regulation (EU) No 809/2014 (2) provides for the final date of submission of the single application, aid applications or payment claims, for the final date for notification of amendments to the single application or payment claim and for the final date for submission of applications for allocation of payments entitlements or the increase of the value of payments entitlements under the basic payment scheme.

| (2) | Member States have experienced some difficulty in their practical implementation of the new direct payment schemes and rural development measures. As a consequence, the administration of the single application, aid applications and payment claims and applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme was delayed. |
| --- | --- |

(2)

Member States have experienced some difficulty in their practical implementation of the new direct payment schemes and rural development measures. As a consequence, the administration of the single application, aid applications and payment claims and applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme was delayed.

| (3) | That situation has affected the possibility of beneficiaries to submit the single application, aid applications or payment claims and applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme within the time limits provided for in Articles 13(1) and 22(1) of Implementing Regulation (EU) No 809/2014. |
| --- | --- |

(3)

That situation has affected the possibility of beneficiaries to submit the single application, aid applications or payment claims and applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme within the time limits provided for in Articles 13(1) and 22(1) of Implementing Regulation (EU) No 809/2014.

| (4) | In view of that situation, it is appropriate to provide for a derogation from Articles 13(1) and 22(1) of Implementing Regulation (EU) No 809/2014 which enables Member States to fix for the year 2015 a final date of submission of the single application, aid applications or payment claims and a final date for submission of applications for allocation of payment entitlements or the increase of the value of payments entitlements under the basic payment scheme that are later than those provided for in those Articles. Since the date referred to in Article 15(2) of Implementing Regulation (EU) No 809/2014 is linked to the final date provided for in Article 13(1) of that Regulation, a similar derogation should be provided for the notification of amendments to the single application or payment claim. |
| --- | --- |

(4)

In view of that situation, it is appropriate to provide for a derogation from Articles 13(1) and 22(1) of Implementing Regulation (EU) No 809/2014 which enables Member States to fix for the year 2015 a final date of submission of the single application, aid applications or payment claims and a final date for submission of applications for allocation of payment entitlements or the increase of the value of payments entitlements under the basic payment scheme that are later than those provided for in those Articles. Since the date referred to in Article 15(2) of Implementing Regulation (EU) No 809/2014 is linked to the final date provided for in Article 13(1) of that Regulation, a similar derogation should be provided for the notification of amendments to the single application or payment claim.

| (5) | Since those derogations should cover the single application, aid applications and payment claims, amendments to the single application or payment claim and applications for allocation of payment entitlements for the year 2015, it is appropriate that this Regulation applies to applications and payment claims relating to the year 2015. |
| --- | --- |

(5)

Since those derogations should cover the single application, aid applications and payment claims, amendments to the single application or payment claim and applications for allocation of payment entitlements for the year 2015, it is appropriate that this Regulation applies to applications and payment claims relating to the year 2015.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for Direct Payments and the Committee for Rural Development, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for Direct Payments and the Committee for Rural Development,

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from the first subparagraph of Article 13(1) of Implementing Regulation (EU) No 809/2014, for the year 2015, the final dates to be fixed by Member States by which the single application, aid applications or payment claims have to be submitted shall not be later than 15 June.

Article 2

By way of derogation from Article 15(2) of Implementing Regulation (EU) No 809/2014 and in case the Member States use the derogation as provided for in Articles 1 and 3 of this Regulation, for the year 2015, the amendments made to the single application or payment claim in accordance with paragraph 1 of that Article shall be notified to the competent authority in writing by 15 June.

Article 3

By way of derogation from Article 22(1) of Implementing Regulation (EU) No 809/2014, for the year 2015, the date to be fixed by the Member States for the submission of applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme shall not be later than 15 June.

Article 4

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

It shall apply to applications and payment claims relating to the year 2015.

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

Done at Brussels, 11 May 2015.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 347, 20.12.2013, p. 549.

1

(2)  Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, p. 69).

2

---

| 12.5.2015 | EN | Official Journal of the European Union | L 119/23 |
| --- | --- | --- | --- |

12.5.2015

EN

Official Journal of the European Union

L 119/23

---

COMMISSION IMPLEMENTING REGULATION (EU) 2015/748

of 11 May 2015

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, 11 May 2015.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-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 | AL | 88,1 |
| MA | 59,0 |
| MK | 106,3 |
| TR | 94,0 |
| ZZ | 86,9 |
| 0707 00 05 | AL | 43,1 |
| TR | 110,1 |
| ZZ | 76,6 |
| 0709 93 10 | MA | 110,7 |
| TR | 133,4 |
| ZZ | 122,1 |
| 0805 10 20 | EG | 55,7 |
| IL | 70,7 |
| MA | 61,8 |
| MO | 59,6 |
| ZA | 60,1 |
| ZZ | 61,6 |
| 0805 50 10 | MA | 83,0 |
| TR | 83,5 |
| ZZ | 83,3 |
| 0808 10 80 | AR | 99,2 |
| BR | 90,5 |
| CL | 134,2 |
| MK | 28,2 |
| NZ | 158,3 |
| US | 163,4 |
| ZA | 120,3 |
| ZZ | 113,4 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

AL

88,1

MA

59,0

MK

106,3

TR

94,0

ZZ

86,9

0707 00 05

AL

43,1

TR

110,1

ZZ

76,6

0709 93 10

MA

110,7

TR

133,4

ZZ

122,1

0805 10 20

EG

55,7

IL

70,7

MA

61,8

MO

59,6

ZA

60,1

ZZ

61,6

0805 50 10

MA

83,0

TR

83,5

ZZ

83,3

0808 10 80

AR

99,2

BR

90,5

CL

134,2

MK

28,2

NZ

158,3

US

163,4

ZA

120,3

ZZ

113,4

---

(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

| 12.5.2015 | EN | Official Journal of the European Union | L 119/25 |
| --- | --- | --- | --- |

12.5.2015

EN

Official Journal of the European Union

L 119/25

---

COMMISSION IMPLEMENTING DECISION (EU) 2015/749

of 7 May 2015

repealing Decision 2007/410/EC on measures to prevent the introduction into and the spread within the Community of Potato spindle tuber viroid

(notified under document C(2015) 3023)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular the fourth sentence of Article 16(3) thereof,

Whereas:

| (1) | Notwithstanding the measures set out by Commission Decision 2007/410/EC (2), Potato spindle tuber viroid is now spread within the Union on the plants covered by that Decision, hereinafter the ‘specified plants’, as appears from the official surveys carried out by the Member States pursuant to that same Decision. |
| --- | --- |

(1)

Notwithstanding the measures set out by Commission Decision 2007/410/EC (2), Potato spindle tuber viroid is now spread within the Union on the plants covered by that Decision, hereinafter the ‘specified plants’, as appears from the official surveys carried out by the Member States pursuant to that same Decision.

| (2) | However, since the application of Decision 2007/410/EC, no symptoms of the presence of Potato spindle tuber viroid have been observed on the specified plants and, according to an opinion of the European Food Safety Authority (3), the impact of pospiviroids on those plants is expected to be minimal. Furthermore, the presence of that organism on the specified plants has not led to its spread within the Union to plants other than the specified plants. |
| --- | --- |

(2)

However, since the application of Decision 2007/410/EC, no symptoms of the presence of Potato spindle tuber viroid have been observed on the specified plants and, according to an opinion of the European Food Safety Authority (3), the impact of pospiviroids on those plants is expected to be minimal. Furthermore, the presence of that organism on the specified plants has not led to its spread within the Union to plants other than the specified plants.

| (3) | Therefore it is concluded that the measures set out by Decision 2007/410/EC are not adequate to prevent the spread of Potato spindle tuber viroid within the Union on the specified plants and that there is no phytosanitary risk justifying such measures. |
| --- | --- |

(3)

Therefore it is concluded that the measures set out by Decision 2007/410/EC are not adequate to prevent the spread of Potato spindle tuber viroid within the Union on the specified plants and that there is no phytosanitary risk justifying such measures.

| (4) | Decision 2007/410/EC should therefore be repealed. |
| --- | --- |

(4)

Decision 2007/410/EC should therefore be repealed.

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

(5)

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

HAS ADOPTED THIS DECISION:

Article 1

Decision 2007/410/EC is repealed.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 7 May 2015.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

---

(1)  
  OJ L 169, 10.7.2000, p. 1.

1

(2)  Commission Decision 2007/410/EC of 12 June 2007 on measures to prevent the introduction into and the spread within the Community of Potato spindle tuber viroid (OJ L 155, 15.6.2007, p. 71).

2

(3)  EFSA Scientific Opinion on the assessment of the risk of solanaceous pospiviroids for the EU territory and the identification and evaluation of risk management options 1 EFSA Journal 2011;9(8):2330.

3

---

| 12.5.2015 | EN | Official Journal of the European Union | L 119/27 |
| --- | --- | --- | --- |

12.5.2015

EN

Official Journal of the European Union

L 119/27

---

COMMISSION IMPLEMENTING DECISION (EU) 2015/750

of 8 May 2015

on the harmonisation of the 1 452-1 492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union

(notified under document C(2015) 3061)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (1), and in particular Article 4(3) thereof,

Whereas:

| (1) | The International Telecommunication Union's Radio Regulations (2) allocate the 1 452-1 492 MHz frequency band to the fixed, mobile (except aeronautical mobile), broadcasting and broadcasting satellite service on a co-primary basis in Region 1, which comprises the Union. They limit use of the band by the broadcasting service and the broadcasting satellite service to digital audio broadcasting (DAB). |
| --- | --- |

(1)

The International Telecommunication Union's Radio Regulations (2) allocate the 1 452-1 492 MHz frequency band to the fixed, mobile (except aeronautical mobile), broadcasting and broadcasting satellite service on a co-primary basis in Region 1, which comprises the Union. They limit use of the band by the broadcasting service and the broadcasting satellite service to digital audio broadcasting (DAB).

| (2) | The Maastricht special arrangement of 2002, as revised in 2007 (3), provides the technical and regulatory framework for the deployment of terrestrial DAB (T-DAB) in the 1 452-1 479,5 MHz band in signatory countries including all Member States. It also sets out procedures for cross-border coordination between T-DAB and wireless broadband electronic communications services. |
| --- | --- |

(2)

The Maastricht special arrangement of 2002, as revised in 2007 (3), provides the technical and regulatory framework for the deployment of terrestrial DAB (T-DAB) in the 1 452-1 479,5 MHz band in signatory countries including all Member States. It also sets out procedures for cross-border coordination between T-DAB and wireless broadband electronic communications services.

| (3) | Decision No 243/2012/EU of the European Parliament and of the Council (4) establishes a multiannual radio spectrum policy programme (RSPP) which sets the target of identifying at least 1 200 MHz of spectrum suitable for wireless broadband in the Union by 2015, including spectrum already in use, on the basis of the spectrum inventory. |
| --- | --- |

(3)

Decision No 243/2012/EU of the European Parliament and of the Council (4) establishes a multiannual radio spectrum policy programme (RSPP) which sets the target of identifying at least 1 200 MHz of spectrum suitable for wireless broadband in the Union by 2015, including spectrum already in use, on the basis of the spectrum inventory.

| (4) | The 1 452-1 492 MHz band has been designated for broadcasting use in Member States, but its use has been quite limited. The Commission's Report on the RSPP spectrum inventory (5) concludes that it is underutilised in the Union and should be repurposed for wireless broadband electronic communications services in line with the RSPP spectrum target. However, existing terrestrial broadcasting systems should be protected in the long term, including in the event that their authorisations are renewed. |
| --- | --- |

(4)

The 1 452-1 492 MHz band has been designated for broadcasting use in Member States, but its use has been quite limited. The Commission's Report on the RSPP spectrum inventory (5) concludes that it is underutilised in the Union and should be repurposed for wireless broadband electronic communications services in line with the RSPP spectrum target. However, existing terrestrial broadcasting systems should be protected in the long term, including in the event that their authorisations are renewed.

| (5) | In its opinion on strategic challenges facing Europe in addressing the growing spectrum for wireless broadband (6), the Radio Spectrum Policy Group recommended that the Commission consider adopting complementary measures further to promote the use of the 1 452-1 492 MHz band for supplemental downlink, while still allowing Member States to use part of this band for other uses, such as broadcasting. |
| --- | --- |

(5)

In its opinion on strategic challenges facing Europe in addressing the growing spectrum for wireless broadband (6), the Radio Spectrum Policy Group recommended that the Commission consider adopting complementary measures further to promote the use of the 1 452-1 492 MHz band for supplemental downlink, while still allowing Member States to use part of this band for other uses, such as broadcasting.

| (6) | On 19 March 2014, pursuant to Article 4(2) of the Radio Spectrum Decision, the Commission gave the European Conference of Postal and Telecommunications Administrations (CEPT) a mandate to develop harmonised technical conditions in the 1 452-1 492 MHz band for wireless broadband electronic communications services in the Union. |
| --- | --- |

(6)

On 19 March 2014, pursuant to Article 4(2) of the Radio Spectrum Decision, the Commission gave the European Conference of Postal and Telecommunications Administrations (CEPT) a mandate to develop harmonised technical conditions in the 1 452-1 492 MHz band for wireless broadband electronic communications services in the Union.

| (7) | On 28 November 2014, in response to that mandate, CEPT issued CEPT Report 54 proposing harmonisation of the 1 452-1 492 MHz band for wireless broadband supplemental downlink use, while allowing Member States to adapt to national circumstances in parts of the band (such as 1 452-1 479,5 MHz) for terrestrial broadcasting. Supplemental downlink is downlink-only use whereby spectrum within the band is used for unidirectional base station transmission providing electronic communications services, in combination with use of spectrum in another frequency band. |
| --- | --- |

(7)

On 28 November 2014, in response to that mandate, CEPT issued CEPT Report 54 proposing harmonisation of the 1 452-1 492 MHz band for wireless broadband supplemental downlink use, while allowing Member States to adapt to national circumstances in parts of the band (such as 1 452-1 479,5 MHz) for terrestrial broadcasting. Supplemental downlink is downlink-only use whereby spectrum within the band is used for unidirectional base station transmission providing electronic communications services, in combination with use of spectrum in another frequency band.

| (8) | Harmonised downlink-only use of the 1 452-1 492 MHz band for wireless broadband electronic communications services is important in addressing data traffic asymmetry by enhancing the downlink capability of a wireless broadband system. Taking also into account the principles of technology and service neutrality, it also facilitates coexistence with already existing terrestrial broadcasting services in the same band, which may not comply with the technical conditions set out by this Decision. Member States should therefore allocate the band on a non-exclusive basis to all types of electronic communications services and ensure the coexistence of the services according to national circumstances and in line with international agreements. |
| --- | --- |

(8)

Harmonised downlink-only use of the 1 452-1 492 MHz band for wireless broadband electronic communications services is important in addressing data traffic asymmetry by enhancing the downlink capability of a wireless broadband system. Taking also into account the principles of technology and service neutrality, it also facilitates coexistence with already existing terrestrial broadcasting services in the same band, which may not comply with the technical conditions set out by this Decision. Member States should therefore allocate the band on a non-exclusive basis to all types of electronic communications services and ensure the coexistence of the services according to national circumstances and in line with international agreements.

| (9) | The provision of wireless broadband electronic communications services in the 1 452-1 492 MHz band should be based on harmonised channelling arrangement and common minimal (least restrictive) technical conditions to foster the single market, mitigate harmful interference and ensure frequency coordination. |
| --- | --- |

(9)

The provision of wireless broadband electronic communications services in the 1 452-1 492 MHz band should be based on harmonised channelling arrangement and common minimal (least restrictive) technical conditions to foster the single market, mitigate harmful interference and ensure frequency coordination.

| (10) | Common technical conditions and principles are necessary to ensure coexistence, as appropriate protection, between wireless broadband electronic communications services and T-DAB within the 1 452-1 492 MHz band, and between such services in the band and other uses in adjacent bands, including tactical radio relays, coordinated fixed links and aeronautical telemetry. There is a potential need for additional national measures to ensure coexistence with uses in adjacent bands, such as uncoordinated fixed links. |
| --- | --- |

(10)

Common technical conditions and principles are necessary to ensure coexistence, as appropriate protection, between wireless broadband electronic communications services and T-DAB within the 1 452-1 492 MHz band, and between such services in the band and other uses in adjacent bands, including tactical radio relays, coordinated fixed links and aeronautical telemetry. There is a potential need for additional national measures to ensure coexistence with uses in adjacent bands, such as uncoordinated fixed links.

| (11) | Cross-border agreements between administrations may be necessary to ensure implementation of the parameters set by this Decision so as to avoid harmful interference and improve spectrum efficiency and convergence in spectrum use. CEPT Report 54 sets out technical conditions and principles for cross-border coordination between wireless broadband electronic communications services and T-DAB and aeronautical telemetry services in the 1 452-1 492 MHz band, including at the borders of the Union. |
| --- | --- |

(11)

Cross-border agreements between administrations may be necessary to ensure implementation of the parameters set by this Decision so as to avoid harmful interference and improve spectrum efficiency and convergence in spectrum use. CEPT Report 54 sets out technical conditions and principles for cross-border coordination between wireless broadband electronic communications services and T-DAB and aeronautical telemetry services in the 1 452-1 492 MHz band, including at the borders of the Union.

| (12) | The use of the 1 452-1 492 MHz band by other applications in third countries, subject to international agreements, may limit its introduction and use by wireless broadband electronic communications services in some Member States. Such Member States should take all necessary steps in order to minimise the duration and geographical extent of these limitations as soon as possible and should seek the assistance of the Union, where necessary, under Article 10(2) of the RSPP. They should notify the Commission of such limitations pursuant to Article 6(2) and Article 7, and the information should be published in accordance with Article 5, of the Radio Spectrum Decision. |
| --- | --- |

(12)

The use of the 1 452-1 492 MHz band by other applications in third countries, subject to international agreements, may limit its introduction and use by wireless broadband electronic communications services in some Member States. Such Member States should take all necessary steps in order to minimise the duration and geographical extent of these limitations as soon as possible and should seek the assistance of the Union, where necessary, under Article 10(2) of the RSPP. They should notify the Commission of such limitations pursuant to Article 6(2) and Article 7, and the information should be published in accordance with Article 5, of the Radio Spectrum Decision.

| (13) | Therefore, the measures provided in this Decision should be applied across the Union and implemented by Member States in order to ensure take-up of the 1 452-1 492 MHz band for wireless broadband electronic communications services in line with the RSPP spectrum target. Member States should report to the Commission on the implementation of the Decision and the use of the band in order to facilitate an assessment of its impact at EU level as well as its timely review, when necessary. |
| --- | --- |

(13)

Therefore, the measures provided in this Decision should be applied across the Union and implemented by Member States in order to ensure take-up of the 1 452-1 492 MHz band for wireless broadband electronic communications services in line with the RSPP spectrum target. Member States should report to the Commission on the implementation of the Decision and the use of the band in order to facilitate an assessment of its impact at EU level as well as its timely review, when necessary.

| (14) | The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee, |
| --- | --- |

(14)

The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,

HAS ADOPTED THIS DECISION:

Article 1

This Decision is aimed at harmonising the conditions for the availability and efficient use of the 1 452-1 492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union.

Article 2

1.   No later than six months after the date of notification of this Decision, Member States shall designate and make available, on a non-exclusive basis, the 1 452-1 492 MHz frequency band for terrestrial systems capable of providing electronic communications services in compliance with the parameters set out in the Annex.

2.   Member States shall ensure that the terrestrial systems referred to in paragraph 1 give appropriate protection to:

| (a) | systems in adjacent bands; and |
| --- | --- |

(a)

systems in adjacent bands; and

| (b) | terrestrial broadcasting systems operating within the 1 452-1 479,5 MHz frequency band pursuant to an authorisation in force on the day of notification of this Decision or to subsequent renewal of such authorisation and in compliance with the parameters set by the Maastricht Special Arrangement of 2002, as revised in 2007. |
| --- | --- |

(b)

terrestrial broadcasting systems operating within the 1 452-1 479,5 MHz frequency band pursuant to an authorisation in force on the day of notification of this Decision or to subsequent renewal of such authorisation and in compliance with the parameters set by the Maastricht Special Arrangement of 2002, as revised in 2007.

3.   Member States shall facilitate cross-border coordination agreements so as to enable operation of the systems referred to in paragraph 1, taking into account existing regulatory procedures and rights, and relevant international agreements.

Article 3

Member States shall not be bound by the obligations under Article 2 in geographical areas where coordination with third countries makes it necessary for them to deviate from the parameters set out in the Annex. They shall aim to minimise the duration and geographical scope of such deviation.

Article 4

Member States shall report on the application of this Decision no later than nine months after the date of notification.

Member States shall monitor use of the 1 452-1 492 MHz frequency band and report their findings to the Commission upon request or at their own initiative in order to allow timely review of this Decision, when necessary.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 8 May 2015.

For the Commission

Günther OETTINGER

Member of the Commission

---

(1)  
  OJ L 108, 24.4.2002, p. 1.

1

(2)  To be found under: http://www.itu.int/pub/R-REG-RR

2

(3)  Special Arrangement of the European Conference of Postal and Telecommunications Administrations (CEPT) relating to the use of the band 1 452-1 479,5 MHz for Terrestrial Digital Audio Broadcasting (TDAB), Maastricht, 2002, Constanta, 2007 (MA02revCO07).

3

(4)  Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7).

4

(5)  Report from the Commission to the European Parliament and the Council on the Radio Spectrum Inventory (COM(2014) 536 final).

5

(6)  Document RSPG13-521 rev1.

6

---

ANNEX

PARAMETERS REFERRED TO IN ARTICLE 2(1)

A.   GENERAL PARAMETERS

| 1. | The mode of operation within the 1 452-1 492 MHz frequency band shall be limited to base station (‘downlink-only’) transmission. |
| --- | --- |

1.

| 2. | Block sizes within the 1 452-1 492 MHz frequency band shall be assigned in multiples of 5 MHz. The lower frequency limit of an assigned block shall be aligned with or spaced at multiples of 5 MHz from the lower band edge of 1 452 MHz. |
| --- | --- |

2.

| 3. | Base station transmission must comply with the block edge mask in this annex. |
| --- | --- |

3.

B.   TECHNICAL CONDITIONS FOR BASE STATIONS — BLOCK EDGE MASK

The following technical parameters for base stations called ‘block edge mask’ (BEM) shall be used in order to ensure coexistence between neighbouring networks in the absence of bilateral or multilateral agreements between operators of such neighbouring networks. Less stringent technical parameters, if agreed among the operators or administrations concerned, may also be used provided that these parameters comply with the technical conditions applicable for the protection of other services or applications, including in adjacent bands or subject to cross-border obligations.

The BEM is an emission mask that is defined as a function of frequency in relation to the edge of a block of spectrum for which rights of use are granted to an operator. It consists of in-block and out-of-block power limits. The in-block power limit is applied to a block owned by an operator. Optional in-block requirements are set out below. The out-of-block power limits are applied to spectrum within the 1 452-1 492 MHz frequency band which is outside a block granted to an operator. They are set out in Table 1.

Furthermore, coexistence power limits are defined for wireless broadband electronic communications services within the 1 452-1 492 MHz band in order to ensure compatibility between these services and other radio services or applications either within the 1 452-1 492 MHz frequency band or in the adjacent 1 427-1 452 MHz or 1 492-1 518 MHz frequency bands. The co-existence power limits with regard to services or applications in the adjacent bands are set out in Table 2. Additional technical or procedural measures (1) or both may be applied at national level to ensure coexistence with services and applications in the adjacent bands. The coexistence limits for T-DAB services in the 1 452-1 492 MHz band are set out in Table 3.

In-block requirements

An in-block equivalent isotropically radiated power (EIRP) (2) limit for base stations is not obligatory. Member States may set an EIRP limit not exceeding 68 dBm/5 MHz which can be increased for specific deployments, for example for the aggregated use of spectrum within the 1 452-1 492 MHz band and spectrum in lower frequency bands.

Out-of-block requirements

Table 1

Base station BEM out-of-block EIRP limits within the 1 452 -1 492 MHz frequency band per antenna

| Frequency range of out-of-block emissions | Maximum mean out-of-block EIRP | Measurement bandwidth |
| --- | --- | --- |
| – 10 to – 5 MHz from lower block edge | 11 dBm | 5 MHz |
| – 5 to 0 MHz from lower block edge | 16,3 dBm | 5 MHz |
| 0 to + 5 MHz from upper block edge | 16,3 dBm | 5 MHz |
| + 5 to + 10 MHz from upper block edge | 11 dBm | 5 MHz |
| Frequencies within the 1 452 -1 492 MHz band spaced more than 10 MHz from the lower or upper block edge | 9 dBm | 5 MHz |

Frequency range of out-of-block emissions

Maximum mean out-of-block EIRP

Measurement bandwidth

– 10 to – 5 MHz from lower block edge

11 dBm

5 MHz

– 5 to 0 MHz from lower block edge

16,3 dBm

5 MHz

0 to + 5 MHz from upper block edge

16,3 dBm

5 MHz

+ 5 to + 10 MHz from upper block edge

11 dBm

5 MHz

Frequencies within the 1 452 -1 492 MHz band spaced more than 10 MHz from the lower or upper block edge

9 dBm

5 MHz

Coexistence requirements for adjacent bands

Table 2

Base station out-of-band EIRP limits for adjacent bands

| Frequency range of out-of-band emissions | Maximum mean out-of-band EIRP | Measurement bandwidth |
| --- | --- | --- |
| Below 1 449 MHz | – 20 dBm | 1 MHz |
| 1 449 -1 452 MHz | 14 dBm | 3 MHz |
| 1 492 -1 495 MHz | 14 dBm | 3 MHz |
| Above 1 495 MHz | – 20 dBm | 1 MHz |

Frequency range of out-of-band emissions

Maximum mean out-of-band EIRP

Measurement bandwidth

Below 1 449 MHz

– 20 dBm

1 MHz

1 449 -1 452 MHz

14 dBm

3 MHz

1 492 -1 495 MHz

14 dBm

3 MHz

Above 1 495 MHz

– 20 dBm

1 MHz

Explanatory note to Table 2: these requirements are intended to ensure compatibility with coordinated fixed links, mobile services and aeronautical telemetry services limited to ground stations, deployed in adjacent frequency bands below 1 452 MHz or above 1 492 MHz.

Coexistence requirements within the 1 452-1 492 MHz frequency band

Table 3

Base-station out-of-block EIRP limits for adjacent channel coexistence with T-DAB within the 1 452 -1 492 MHz frequency band

| Frequency range of out-of-block emissions | Maximum mean out-of-block EIRP | Measurement bandwidth |
| --- | --- | --- |
| 0 to 1,3 MHz from block edge | 9,3 dBm | 1 MHz |
| 1,3 to 1,5 MHz from block edge | 2,8 dBm | 1 MHz |
| 1,5 to 1,8 MHz from block edge | – 6,7 dBm | 1 MHz |
| 1,8 to 2 MHz from block edge | – 12,4 dBm | 1 MHz |
| 2 to 2,3 MHz from block edge | – 13,7 dBm | 1 MHz |
| 2,3 to 5 MHz from block edge | – 14,9 dBm | 1 MHz |
| Remaining frequencies used for T-DAB | – 14,9 dBm | 1 MHz |

Frequency range of out-of-block emissions

Maximum mean out-of-block EIRP

Measurement bandwidth

0 to 1,3 MHz from block edge

9,3 dBm

1 MHz

1,3 to 1,5 MHz from block edge

2,8 dBm

1 MHz

1,5 to 1,8 MHz from block edge

– 6,7 dBm

1 MHz

1,8 to 2 MHz from block edge

– 12,4 dBm

1 MHz

2 to 2,3 MHz from block edge

– 13,7 dBm

1 MHz

2,3 to 5 MHz from block edge

– 14,9 dBm

1 MHz

Remaining frequencies used for T-DAB

– 14,9 dBm

1 MHz

Explanatory note to Table 3: these requirements apply only if T-DAB is in operation at national level. They are intended to ensure compatibility with T-DAB services in adjacent channels within the 1 452-1 492 MHz frequency band and assume a guard band of at least 1,5 MHz between wireless broadband electronic communications services and T-DAB services.

---

(1)  For instance, one or more of the following: frequency planning coordination, site coordination, more stringent in-band power limits for base stations, more stringent out-of-band equivalent isotropically radiated power limits for base stations than stipulated in Table 2.

(2)  In-block EIRP is the total power radiated in any direction at a single location, independent of any base station configuration.

---