Commission Implementing Regulation (EU) 2025/2496 of 3 December 2025 on the registration of the geographical indication Istarski ovčji sir / Istrski ovčji sir (PDO) in the Union register of geographical indications pursuant to Regulation (EU) 2024/1143 of the European Parliament and of the Council

Official Journalof the European Union ENL series
2025/2496 10.12.2025
(1) Pursuant to Article 50(2), point (a), of Regulation (EU) No 1151/2012 of the European Parliament and of the Council(2), Croatia and Slovenia’s application for registration of the geographical indication ‘Istarski ovčji sir / Istrski ovčji sir’, which the Commission had received before the date of entry into force of Regulation (EU) 2024/1143, was published in theOfficial Journal of the European Union(3).
(2) No statement of opposition under Article 17 of Regulation (EU) 2024/1143, which is applicable to the application for registration in accordance with Article 90(2) of that Regulation, has been received by the Commission.
(3) The geographical indication ‘Istarski ovčji sir / Istrski ovčji sir’should therefore be entered in the Union register of geographical indications,
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012(1), and in particular Article 21(2) thereof,
(1) Pursuant to Article 50(2), point (a), of Regulation (EU) No 1151/2012 of the European Parliament and of the Council(2), Croatia and Slovenia’s application for registration of the geographical indication ‘Istarski ovčji sir / Istrski ovčji sir’, which the Commission had received before the date of entry into force of Regulation (EU) 2024/1143, was published in theOfficial Journal of the European Union(3).
(2) No statement of opposition under Article 17 of Regulation (EU) 2024/1143, which is applicable to the application for registration in accordance with Article 90(2) of that Regulation, has been received by the Commission.
(3) The geographical indication ‘Istarski ovčji sir / Istrski ovčji sir’should therefore be entered in the Union register of geographical indications,
HAS ADOPTED THIS REGULATION:

Article 1
The geographical indication ‘Istarski ovčji sir / Istrski ovčji sir’ (PDO) is hereby entered in the Union register of geographical indications referred to in Article 22 of Regulation (EU) 2024/1143.

Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in theOfficial Journal of the European Union.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012(1), and in particular Article 21(2) thereof,
(1) Pursuant to Article 50(2), point (a), of Regulation (EU) No 1151/2012 of the European Parliament and of the Council(2), Croatia and Slovenia’s application for registration of the geographical indication ‘Istarski ovčji sir / Istrski ovčji sir’, which the Commission had received before the date of entry into force of Regulation (EU) 2024/1143, was published in theOfficial Journal of the European Union(3).
(2) No statement of opposition under Article 17 of Regulation (EU) 2024/1143, which is applicable to the application for registration in accordance with Article 90(2) of that Regulation, has been received by the Commission.
(3) The geographical indication ‘Istarski ovčji sir / Istrski ovčji sir’should therefore be entered in the Union register of geographical indications,
HAS ADOPTED THIS REGULATION:
The geographical indication ‘Istarski ovčji sir / Istrski ovčji sir’ (PDO) is hereby entered in the Union register of geographical indications referred to in Article 22 of Regulation (EU) 2024/1143.
This Regulation shall enter into force on the twentieth day following that of its publication in theOfficial Journal of the European Union.

Commission Implementing Regulation (EU) 2025/2491 of 10 December 2025 concerning the authorisation of a preparation of 25-hydroxycholecalciferol produced with Saccharomyces cerevisiae CBS 146008 as a feed additive for all animal species except poultry, pigs and ruminants

Official Journalof the European Union ENL series
2025/2491 11.12.2025
(1) Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.
(2) In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of a preparation of 25-hydroxycholecalciferol produced withSaccharomyces cerevisiaeCBS 146008. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.
(3) That application concerns the authorisation of a preparation of 25-hydroxycholecalciferol produced withSaccharomyces cerevisiaeCBS 146008 as a feed additive for all animal species except poultry, pigs and ruminants, requesting that additive to be classified in the additive category ‘nutritional additives’ and in the functional group ‘vitamins, pro-vitamins and chemically well-defined substances having similar effect’.
(4) The European Food Safety Authority (‘the Authority’) concluded in its opinion of 20 May 2025(2)that, under the proposed conditions of use, the preparation of 25-hydroxycholecalciferol produced withSaccharomyces cerevisiaeCBS 146008 is safe for all animal species except poultry, pigs and ruminants, as well as for consumers and the environment. The Authority also concluded that the additive is not irritant to the skin or eyes. However, due to lack of information, no conclusion on its potential to be a skin sensitiser or on its effects on the respiratory system could be reached The Authority further concluded that the additive is efficacious in covering the target animals’ nutritional requirements. It did not consider that there is a need for specific requirements of post-market monitoring.
(5) The Reference Laboratory set up by Regulation (EC) No 1831/2003 considered that the conclusions and recommendations reached in a previous assessment concerning another application for the authorisation of the same additive and verified by the Authority in its opinion of 5 of July 2023(3)are valid and applicable for the current application. In accordance with Article 5(4), point (a), of Commission Regulation (EC) No 378/2005(4), an evaluation report of the Reference Laboratory is therefore not required.
(6) In view of the above, the Commission considers that a preparation of 25-hydroxycholecalciferol produced withSaccharomyces cerevisiaeCBS 146008 satisfies the conditions provided for in Article 5 of Regulation (EC) No 1831/2003. Accordingly, the use of that preparation should be authorised for all animal species except poultry, pigs and ruminants. In addition, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on the health of the users of the additive.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
Identification number of the feed additive Name of the Additive Composition, chemical formula, description, analytical method. Species or category of animal Maximum age Minimum content Maximum content Other provisions End of period of authorisation
mg active substance/kg of complete feed with a moisture content of 12 %
Category: Nutritional additives. Functional group: Vitamins, provitamins and chemically well-defined substances having similar effect
Sub classification: vitamin D
3a670a 25-Hydroxycholecalciferol Additive compositionPreparation with a maximum content of 1,25 % of 25-hydroxycholecalciferolSolid formCharacterisation of the active substance25-Hydroxycholecalciferol. Its precursor compound,5,7,24-cholestatrienol, is produced withSaccharomyces cerevisiaeCBS 146008. After extraction, the precursor is converted chemically to 25-hydroxy-pro-vitamin D3, which is further transformed photochemically to 25-hydroxycholecalciferol.Chemical formula: C27H44O2•H2OCAS number: 63283-36-3Purity criteria:—25-hydroxycholecalciferol > 94 %;—other sterol derivatives ≤ 1 % each;—erythrosine < 5 mg/kg.Analytical method(1)For the determination of 25-hydroxycholecalciferol in the feed additive: Ultra Performance Liquid Chromatography coupled to spectrophotometric detection (UPLC-UV).For the determination of 25-hydroxycholecalciferol in premixtures: High Performance Liquid Chromatography coupled to spectrophotometric detection (HPLC-UV).For the determination of 25-hydroxycholecalciferol in compound feed and in low concentrated premixtures: High Performance Liquid Chromatography coupled to tandem mass spectrometry (HPLC-MS/MS). — 25-hydroxycholecalciferol > 94 %; — other sterol derivatives ≤ 1 % each; — erythrosine < 5 mg/kg. Salmonids 0,800 1.The additive shall be incorporated in feedingstuffs via the use of a premixture.2.In the directions for use of the additive and premixtures, the storage conditions and the stability to heat treatment shall be indicated.3.Maximum content of the combination of 25-hydroxycholecalciferol with cholecalciferol (vitamin D3) per kg of complete feedingstuff:—≤ 1,500 mg(2)(equivalent to 60 000 IU of cholecalciferol) for salmonids,—≤ 0,075 mg(2)(equivalent to 3 000 IU of cholecalciferol) for fish species other than salmonids and for ornamental fish,—≤ 0,050 mg(2)(equivalent to 2 000 IU of cholecalciferol) for other categories of animals except poultry, pigs and ruminants.4.For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address the potential risks resulting from their use. Where those risks cannot be eliminated by such procedures and measures, the additive and premixtures shall be used with personal breathing and skin protective equipment. 1. The additive shall be incorporated in feedingstuffs via the use of a premixture. 2. In the directions for use of the additive and premixtures, the storage conditions and the stability to heat treatment shall be indicated. 3. Maximum content of the combination of 25-hydroxycholecalciferol with cholecalciferol (vitamin D3) per kg of complete feedingstuff:—≤ 1,500 mg(2)(equivalent to 60 000 IU of cholecalciferol) for salmonids,—≤ 0,075 mg(2)(equivalent to 3 000 IU of cholecalciferol) for fish species other than salmonids and for ornamental fish,—≤ 0,050 mg(2)(equivalent to 2 000 IU of cholecalciferol) for other categories of animals except poultry, pigs and ruminants. — ≤ 1,500 mg(2)(equivalent to 60 000 IU of cholecalciferol) for salmonids, — ≤ 0,075 mg(2)(equivalent to 3 000 IU of cholecalciferol) for fish species other than salmonids and for ornamental fish, — ≤ 0,050 mg(2)(equivalent to 2 000 IU of cholecalciferol) for other categories of animals except poultry, pigs and ruminants. 4. For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address the potential risks resulting from their use. Where those risks cannot be eliminated by such procedures and measures, the additive and premixtures shall be used with personal breathing and skin protective equipment. 31 December 2035
— 25-hydroxycholecalciferol > 94 %;
— other sterol derivatives ≤ 1 % each;
— erythrosine < 5 mg/kg.
1. The additive shall be incorporated in feedingstuffs via the use of a premixture.
2. In the directions for use of the additive and premixtures, the storage conditions and the stability to heat treatment shall be indicated.
3. Maximum content of the combination of 25-hydroxycholecalciferol with cholecalciferol (vitamin D3) per kg of complete feedingstuff:—≤ 1,500 mg(2)(equivalent to 60 000 IU of cholecalciferol) for salmonids,—≤ 0,075 mg(2)(equivalent to 3 000 IU of cholecalciferol) for fish species other than salmonids and for ornamental fish,—≤ 0,050 mg(2)(equivalent to 2 000 IU of cholecalciferol) for other categories of animals except poultry, pigs and ruminants. — ≤ 1,500 mg(2)(equivalent to 60 000 IU of cholecalciferol) for salmonids, — ≤ 0,075 mg(2)(equivalent to 3 000 IU of cholecalciferol) for fish species other than salmonids and for ornamental fish, — ≤ 0,050 mg(2)(equivalent to 2 000 IU of cholecalciferol) for other categories of animals except poultry, pigs and ruminants.
— ≤ 1,500 mg(2)(equivalent to 60 000 IU of cholecalciferol) for salmonids,
— ≤ 0,075 mg(2)(equivalent to 3 000 IU of cholecalciferol) for fish species other than salmonids and for ornamental fish,
— ≤ 0,050 mg(2)(equivalent to 2 000 IU of cholecalciferol) for other categories of animals except poultry, pigs and ruminants.
4. For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address the potential risks resulting from their use. Where those risks cannot be eliminated by such procedures and measures, the additive and premixtures shall be used with personal breathing and skin protective equipment.
Finfish species other than salmonids 0,075
Ornamental fish 0,075
Other species and categories of animals except pigs, poultry and ruminants 0,050
— 25-hydroxycholecalciferol > 94 %;
— other sterol derivatives ≤ 1 % each;
— erythrosine < 5 mg/kg.
1. The additive shall be incorporated in feedingstuffs via the use of a premixture.
2. In the directions for use of the additive and premixtures, the storage conditions and the stability to heat treatment shall be indicated.
3. Maximum content of the combination of 25-hydroxycholecalciferol with cholecalciferol (vitamin D3) per kg of complete feedingstuff:—≤ 1,500 mg(2)(equivalent to 60 000 IU of cholecalciferol) for salmonids,—≤ 0,075 mg(2)(equivalent to 3 000 IU of cholecalciferol) for fish species other than salmonids and for ornamental fish,—≤ 0,050 mg(2)(equivalent to 2 000 IU of cholecalciferol) for other categories of animals except poultry, pigs and ruminants. — ≤ 1,500 mg(2)(equivalent to 60 000 IU of cholecalciferol) for salmonids, — ≤ 0,075 mg(2)(equivalent to 3 000 IU of cholecalciferol) for fish species other than salmonids and for ornamental fish, — ≤ 0,050 mg(2)(equivalent to 2 000 IU of cholecalciferol) for other categories of animals except poultry, pigs and ruminants.
— ≤ 1,500 mg(2)(equivalent to 60 000 IU of cholecalciferol) for salmonids,
— ≤ 0,075 mg(2)(equivalent to 3 000 IU of cholecalciferol) for fish species other than salmonids and for ornamental fish,
— ≤ 0,050 mg(2)(equivalent to 2 000 IU of cholecalciferol) for other categories of animals except poultry, pigs and ruminants.
— ≤ 1,500 mg(2)(equivalent to 60 000 IU of cholecalciferol) for salmonids,
— ≤ 0,075 mg(2)(equivalent to 3 000 IU of cholecalciferol) for fish species other than salmonids and for ornamental fish,
— ≤ 0,050 mg(2)(equivalent to 2 000 IU of cholecalciferol) for other categories of animals except poultry, pigs and ruminants.
4. For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address the potential risks resulting from their use. Where those risks cannot be eliminated by such procedures and measures, the additive and premixtures shall be used with personal breathing and skin protective equipment.
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition(1), and in particular Article 9(2) thereof,
(1) Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.
(2) In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of a preparation of 25-hydroxycholecalciferol produced withSaccharomyces cerevisiaeCBS 146008. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.
(3) That application concerns the authorisation of a preparation of 25-hydroxycholecalciferol produced withSaccharomyces cerevisiaeCBS 146008 as a feed additive for all animal species except poultry, pigs and ruminants, requesting that additive to be classified in the additive category ‘nutritional additives’ and in the functional group ‘vitamins, pro-vitamins and chemically well-defined substances having similar effect’.
(4) The European Food Safety Authority (‘the Authority’) concluded in its opinion of 20 May 2025(2)that, under the proposed conditions of use, the preparation of 25-hydroxycholecalciferol produced withSaccharomyces cerevisiaeCBS 146008 is safe for all animal species except poultry, pigs and ruminants, as well as for consumers and the environment. The Authority also concluded that the additive is not irritant to the skin or eyes. However, due to lack of information, no conclusion on its potential to be a skin sensitiser or on its effects on the respiratory system could be reached The Authority further concluded that the additive is efficacious in covering the target animals’ nutritional requirements. It did not consider that there is a need for specific requirements of post-market monitoring.
(5) The Reference Laboratory set up by Regulation (EC) No 1831/2003 considered that the conclusions and recommendations reached in a previous assessment concerning another application for the authorisation of the same additive and verified by the Authority in its opinion of 5 of July 2023(3)are valid and applicable for the current application. In accordance with Article 5(4), point (a), of Commission Regulation (EC) No 378/2005(4), an evaluation report of the Reference Laboratory is therefore not required.
(6) In view of the above, the Commission considers that a preparation of 25-hydroxycholecalciferol produced withSaccharomyces cerevisiaeCBS 146008 satisfies the conditions provided for in Article 5 of Regulation (EC) No 1831/2003. Accordingly, the use of that preparation should be authorised for all animal species except poultry, pigs and ruminants. In addition, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on the health of the users of the additive.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:

Authorisation
Article 1
The preparation specified in the Annex, belonging to the additive category ‘nutritional additives’ and to the functional group ‘vitamins, pro-vitamins and chemically well-defined substances having similar effect’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.

Entry into force
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in theOfficial Journal of the European Union.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition(1), and in particular Article 9(2) thereof,
(1) Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.
(2) In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of a preparation of 25-hydroxycholecalciferol produced withSaccharomyces cerevisiaeCBS 146008. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.
(3) That application concerns the authorisation of a preparation of 25-hydroxycholecalciferol produced withSaccharomyces cerevisiaeCBS 146008 as a feed additive for all animal species except poultry, pigs and ruminants, requesting that additive to be classified in the additive category ‘nutritional additives’ and in the functional group ‘vitamins, pro-vitamins and chemically well-defined substances having similar effect’.
(4) The European Food Safety Authority (‘the Authority’) concluded in its opinion of 20 May 2025(2)that, under the proposed conditions of use, the preparation of 25-hydroxycholecalciferol produced withSaccharomyces cerevisiaeCBS 146008 is safe for all animal species except poultry, pigs and ruminants, as well as for consumers and the environment. The Authority also concluded that the additive is not irritant to the skin or eyes. However, due to lack of information, no conclusion on its potential to be a skin sensitiser or on its effects on the respiratory system could be reached The Authority further concluded that the additive is efficacious in covering the target animals’ nutritional requirements. It did not consider that there is a need for specific requirements of post-market monitoring.
(5) The Reference Laboratory set up by Regulation (EC) No 1831/2003 considered that the conclusions and recommendations reached in a previous assessment concerning another application for the authorisation of the same additive and verified by the Authority in its opinion of 5 of July 2023(3)are valid and applicable for the current application. In accordance with Article 5(4), point (a), of Commission Regulation (EC) No 378/2005(4), an evaluation report of the Reference Laboratory is therefore not required.
(6) In view of the above, the Commission considers that a preparation of 25-hydroxycholecalciferol produced withSaccharomyces cerevisiaeCBS 146008 satisfies the conditions provided for in Article 5 of Regulation (EC) No 1831/2003. Accordingly, the use of that preparation should be authorised for all animal species except poultry, pigs and ruminants. In addition, the Commission considers that appropriate protective measures should be taken to prevent adverse effects on the health of the users of the additive.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:

Authorisation

The preparation specified in the Annex, belonging to the additive category ‘nutritional additives’ and to the functional group ‘vitamins, pro-vitamins and chemically well-defined substances having similar effect’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in theOfficial Journal of the European Union.
ANNEX
Identification number of the feed additive | Name of the Additive | Composition, chemical formula, description, analytical method. | Species or category of animal | Maximum age | Minimum content | Maximum content | Other provisions | End of period of authorisation
mg active substance/kg of complete feed with a moisture content of 12 %
Category: Nutritional additives. Functional group: Vitamins, provitamins and chemically well-defined substances having similar effect
Sub classification: vitamin D
3a670a | 25-Hydroxycholecalciferol | Additive compositionPreparation with a maximum content of 1,25 % of 25-hydroxycholecalciferolSolid formCharacterisation of the active substance25-Hydroxycholecalciferol. Its precursor compound,5,7,24-cholestatrienol, is produced withSaccharomyces cerevisiaeCBS 146008. After extraction, the precursor is converted chemically to 25-hydroxy-pro-vitamin D3, which is further transformed photochemically to 25-hydroxycholecalciferol.Chemical formula: C27H44O2•H2OCAS number: 63283-36-3Purity criteria:—25-hydroxycholecalciferol > 94 %;—other sterol derivatives ≤ 1 % each;—erythrosine 94 %; | — | other sterol derivatives ≤ 1 % each; | — | erythrosine < 5 mg/kg. | Salmonids | | | 0,800 | 1.The additive shall be incorporated in feedingstuffs via the use of a premixture.2.In the directions for use of the additive and premixtures, the storage conditions and the stability to heat treatment shall be indicated.3.Maximum content of the combination of 25-hydroxycholecalciferol with cholecalciferol (vitamin D3) per kg of complete feedingstuff:—≤ 1,500 mg(2)(equivalent to 60 000 IU of cholecalciferol) for salmonids,—≤ 0,075 mg(2)(equivalent to 3 000 IU of cholecalciferol) for fish species other than salmonids and for ornamental fish,—≤ 0,050 mg(2)(equivalent to 2 000 IU of cholecalciferol) for other categories of animals except poultry, pigs and ruminants.4.For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address the potential risks resulting from their use. Where those risks cannot be eliminated by such procedures and measures, the additive and premixtures shall be used with personal breathing and skin protective equipment. | 1. | The additive shall be incorporated in feedingstuffs via the use of a premixture. | 2. | In the directions for use of the additive and premixtures, the storage conditions and the stability to heat treatment shall be indicated. | 3. | Maximum content of the combination of 25-hydroxycholecalciferol with cholecalciferol (vitamin D3) per kg of complete feedingstuff:—≤ 1,500 mg(2)(equivalent to 60 000 IU of cholecalciferol) for salmonids,—≤ 0,075 mg(2)(equivalent to 3 000 IU of cholecalciferol) for fish species other than salmonids and for ornamental fish,—≤ 0,050 mg(2)(equivalent to 2 000 IU of cholecalciferol) for other categories of animals except poultry, pigs and ruminants. | — | ≤ 1,500 mg(2)(equivalent to 60 000 IU of cholecalciferol) for salmonids, | — | ≤ 0,075 mg(2)(equivalent to 3 000 IU of cholecalciferol) for fish species other than salmonids and for ornamental fish, | — | ≤ 0,050 mg(2)(equivalent to 2 000 IU of cholecalciferol) for other categories of animals except poultry, pigs and ruminants. | 4. | For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address the potential risks resulting from their use. Where those risks cannot be eliminated by such procedures and measures, the additive and premixtures shall be used with personal breathing and skin protective equipment. | 31 December 2035
— | 25-hydroxycholecalciferol > 94 %;
— | other sterol derivatives ≤ 1 % each;
— | erythrosine < 5 mg/kg.
1. | The additive shall be incorporated in feedingstuffs via the use of a premixture.
2. | In the directions for use of the additive and premixtures, the storage conditions and the stability to heat treatment shall be indicated.
3. | Maximum content of the combination of 25-hydroxycholecalciferol with cholecalciferol (vitamin D3) per kg of complete feedingstuff:—≤ 1,500 mg(2)(equivalent to 60 000 IU of cholecalciferol) for salmonids,—≤ 0,075 mg(2)(equivalent to 3 000 IU of cholecalciferol) for fish species other than salmonids and for ornamental fish,—≤ 0,050 mg(2)(equivalent to 2 000 IU of cholecalciferol) for other categories of animals except poultry, pigs and ruminants. | — | ≤ 1,500 mg(2)(equivalent to 60 000 IU of cholecalciferol) for salmonids, | — | ≤ 0,075 mg(2)(equivalent to 3 000 IU of cholecalciferol) for fish species other than salmonids and for ornamental fish, | — | ≤ 0,050 mg(2)(equivalent to 2 000 IU of cholecalciferol) for other categories of animals except poultry, pigs and ruminants.
— | ≤ 1,500 mg(2)(equivalent to 60 000 IU of cholecalciferol) for salmonids,
— | ≤ 0,075 mg(2)(equivalent to 3 000 IU of cholecalciferol) for fish species other than salmonids and for ornamental fish,
— | ≤ 0,050 mg(2)(equivalent to 2 000 IU of cholecalciferol) for other categories of animals except poultry, pigs and ruminants.
4. | For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address the potential risks resulting from their use. Where those risks cannot be eliminated by such procedures and measures, the additive and premixtures shall be used with personal breathing and skin protective equipment.
Finfish species other than salmonids | | | 0,075
Ornamental fish | | | 0,075
Other species and categories of animals except pigs, poultry and ruminants | | | 0,050
(1) Details of the analytical methods are available at the following address of the Reference Laboratory: https://joint-research-centre.ec.europa.eu/eurl-fa-eurl-feed-additives/eurl-fa-authorisation/eurl-fa-evaluation-reports_en.
(2) 40 IU cholecalciferol (vitamin D3) = 0,001 mg cholecalciferol (vitamin D3).

Commission Implementing Regulation (EU) 2025/2475 of 8 December 2025 amending the implementing technical standards laid down in Implementing Regulation (EU) 2024/3117 as regards operational risk supervisory reporting of institutions

Official Journalof the European Union ENL series
2025/2475 9.12.2025
(1) Regulation (EU) No 575/2013 was amended by Regulation (EU) 2024/1623 of the European Parliament and of the Council(2)to implement the latest set of international standards of the Basel Committee on Banking Supervision (Basel III). Those standards led to the adoption of Commission Implementing Regulation (EU) 2024/3117(3), which lays down implementing technical standards for the application of Regulation (EU) No 575/2013 with regard to supervisory reporting of institutions.
(2) Given the changes to the prudential framework for own funds requirements for operational risk, new reporting templates were necessary to ensure that institutions report in accordance with the new framework in place. While some of those changes to the reporting templates were already introduced by Implementing Regulation (EU) 2024/3117, the update of several other templates was only possible following further technical development of the operational risk requirements, in particular regarding the specification of the components of the business indicator, the items to be excluded from the business indicator and their mapping to the corresponding reporting cells.
(3) Commission Delegated Regulation (EU) 2025/1496(4)postponed the date of application of the own funds requirements for market risk to 1 January 2027. As a result, it is necessary to maintain without changes the existing reporting on the market risk requirements that apply until 31 December 2026. Therefore, the transitional provisions of Implementing Regulation (EU) 2024/3117 should be extended and the repeal of the relevant provisions of Commission Implementing Regulation (EU) 2021/451(5)should be postponed by another year.
(4) Implementing Regulation (EU) 2024/3117 should therefore be amended accordingly.
(5) This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Banking Authority (EBA).
(6) The EBA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the advice of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council(6).
(1) in Article 5, paragraph 4 is replaced by the following:‘4.   For the calculation of the own funds requirements referred to in Article 92(4), points (b)(i) and (c), and Article 92(5), points (b) and (c), of Regulation (EU) No 575/2013, institutions shall, until 31 December 2026, submit the information on own funds requirements relating to market risk in accordance with Article 5(12) of Implementing Regulation (EU) 2021/451.’;
(2) in Article 7, the following point (c) is added:‘(c)EU parent institutions shall report the information required in Annex I, template C 16.04 related to information on subsidiaries subject to the derogation provided for in Article 314(3) of Regulation (EU) No 575/2013, on a quarterly basis.’; ‘(c) EU parent institutions shall report the information required in Annex I, template C 16.04 related to information on subsidiaries subject to the derogation provided for in Article 314(3) of Regulation (EU) No 575/2013, on a quarterly basis.’;
‘(c) EU parent institutions shall report the information required in Annex I, template C 16.04 related to information on subsidiaries subject to the derogation provided for in Article 314(3) of Regulation (EU) No 575/2013, on a quarterly basis.’;
‘(c) EU parent institutions shall report the information required in Annex I, template C 16.04 related to information on subsidiaries subject to the derogation provided for in Article 314(3) of Regulation (EU) No 575/2013, on a quarterly basis.’;
(3) in Article 25, paragraphs 1 and 2 are replaced by the following:‘1.   Implementing Regulation (EU) 2021/451 shall cease to apply from 1 January 2025, except for Article 5(12) and Annex I, templates 18 to 24, and Annex II Part II, points 5.1 to 5.7. Article 15 of Implementing Regulation (EU) 2021/451 shall continue to apply until 31 December 2026 only for the purposes of Article 5(4) of this Regulation.2.   Implementing Regulation (EU) 2021/451 is repealed with effect from 31 December 2026.’;
(4) in Annex I, Section 1 – ‘Reporting on own funds and own funds requirements’, is amended as follows:(a)template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’ is replaced by the template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’ set out in the Annex to this Regulation;(b)template ‘C 16.02 – OPERATIONAL RISK – Business Indicator Component (OPR BIC)’, template ‘C 16.03 – OPERATIONAL RISK BREAKDOWN (OPR BD) – Losses, expenses, provisions and other financial impacts resulting from operational risk events’ and template ‘C 16.04 – OPERATIONAL RISK – Information on subsidiaries subject to Article 314(3) CRR’ set out in the Annex to this Regulation are added after template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’. (a) template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’ is replaced by the template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’ set out in the Annex to this Regulation; (b) template ‘C 16.02 – OPERATIONAL RISK – Business Indicator Component (OPR BIC)’, template ‘C 16.03 – OPERATIONAL RISK BREAKDOWN (OPR BD) – Losses, expenses, provisions and other financial impacts resulting from operational risk events’ and template ‘C 16.04 – OPERATIONAL RISK – Information on subsidiaries subject to Article 314(3) CRR’ set out in the Annex to this Regulation are added after template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’.
(a) template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’ is replaced by the template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’ set out in the Annex to this Regulation;
(b) template ‘C 16.02 – OPERATIONAL RISK – Business Indicator Component (OPR BIC)’, template ‘C 16.03 – OPERATIONAL RISK BREAKDOWN (OPR BD) – Losses, expenses, provisions and other financial impacts resulting from operational risk events’ and template ‘C 16.04 – OPERATIONAL RISK – Information on subsidiaries subject to Article 314(3) CRR’ set out in the Annex to this Regulation are added after template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’.
(a) template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’ is replaced by the template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’ set out in the Annex to this Regulation;
(b) template ‘C 16.02 – OPERATIONAL RISK – Business Indicator Component (OPR BIC)’, template ‘C 16.03 – OPERATIONAL RISK BREAKDOWN (OPR BD) – Losses, expenses, provisions and other financial impacts resulting from operational risk events’ and template ‘C 16.04 – OPERATIONAL RISK – Information on subsidiaries subject to Article 314(3) CRR’ set out in the Annex to this Regulation are added after template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’.
‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)
Value Own fund requirements Risk exposure amount
of which: adjustments due to merge/acquisition of entities or activities (Adjustments due to disposal of entities or activities)
0010 0020 0030 0040 0050
0010 Business indicator component and ASA
0020 Business indicator
0030 Interest, leases and dividend component
0040 ILDC related to the individual institution/consolidated Group (excluding entities considered by Article 314(3)
0050 ILDC for entities considered by Article 314(3)
0060 Services component
0070 Financial component
0080 ASA under Article 314(4) (Retail banking)
0090 ASA under Article 314(4) (Commercial banking)
0100 Memorandum Item:ILDC related to the Individual institution/consolidated Group, including entities considered by Article 314(3)
Other information
0110 Approach used for calculating FC ’
‘C 16.02 – OPERATIONAL RISK – Business Indicator Component (OPR BIC)
YEAR-3 YEAR-2 LAST YEAR
Accounting Value Value – Prudential Boundary Approach Accounting Value Value – Prudential Boundary Approach Accounting Value Value – Prudential Boundary Approach Average Value
0010 0020 0030 0040 0050 0060 0070
0010 – 0210 1.Interest, leases and dividend component (ILDC) 1. Interest, leases and dividend component (ILDC)
1. Interest, leases and dividend component (ILDC)
0010 Interest component
0020 Net Income
0030 Interest Income (including from leased assets (Financial & Operating))
0040 Interest Income
0050 Income from leased assets (Financial&Operating) other than Interest income
0060 Profits from leased assets (Financial&Operating)
0070 (Interest expenses (including from leased assets (Financial&Operating)))
0080 (Interest expenses)
0090 (Expenses for operating leased assets other than Interest expenses)
0100 (Losses from operating leased assets)
0110 Asset component
0120 Total assets
0130 Cash balances at central banks and other demand deposits
0140 Debt securities
0150 Loans and advances
0160 Derivatives
0170 Trading and economic hedges
0180 Hedge accounting
0190 Assets subject to leases
0200 Dividend component
0210 Dividend income
0220 – 0360 2.Services component (SC) 2. Services component (SC)
2. Services component (SC)
0220 Other operating income
0230 Other operating income from members belonging to the same IPS
0240 Profit from non-current assets and disposal groups classified as held for sale not qualifying as discontinued operations
0250 Other
0260 (Other operating expenses)
0270 (Other operating expenses to members belonging to the same IPS)
0280 (Total losses, expenses, provisions and other financial impacts due to operational risk events)
0290 (Losses from non-current assets and disposal groups classified as held for sale not qualifying as discontinued operations)
0300 (Other)
0310 Fee and commission income component
0320 Fee and commission income
0330 of which: from members belonging to the same IPS
0340 (Fee and commission expenses component)
0350 (Fee and commission expenses)
0360 (of which: to members belonging to the same IPS)
0370 – 0480 3.Financial component (FC) 3. Financial component (FC)
3. Financial component (FC)
0370 Trading book component
0380 Net profit or (-)loss applicable to trading book
0390 Gains or (-) losses on financial assets and liabilities held for trading or trading, net
0400 Trading book – Gains or (-) losses from hedge accounting, net
0410 Trading book – Exchange differences [gain or (-) loss], net
0420 Banking book component
0430 Net profit or (-)loss applicable to banking book
0440 Gains or (-) losses on derecognition of financial assets and liabilities not measured at fair value through profit or loss, net
0450 Gains or (-) losses on non-trading financial assets mandatorily at fair value through profit or loss, net
0460 Gains or (-) losses on financial assets and liabilities designated at fair value through profit or loss, net
0470 Banking book – Gains or (-) losses from hedge accounting, net
0480 Banking book – Exchange differences [gain or (-) loss], net ’
1. Interest, leases and dividend component (ILDC)
2. Services component (SC)
3. Financial component (FC)
‘C 16.03 – OPERATIONAL RISK BREAKDOWN (OPR BD) – Losses, expenses, provisions and other financial impacts resulting from operational risk events
Accounting Value
YEAR-3 YEAR-2 LAST YEAR
0010 0020 0030
0010 – 0080 Losses, expenses, provisions and other financial impacts due to operational risk events as follows:
0010 (Interest expenses)
0020 (Other Operating Expenses)
0030 (Administrative expenses)
0040 (Depreciation due to operational risk events)
0050 (Provisions or (-) reversal of provisions)
0060 (Impairment or (-) reversal of impairment)
0070 (Other)
0080 (Total) ’
‘C 16.04 – OPERATIONAL RISK – Information on subsidiaries subject to Article 314(3) CRR
Legal Entity name LEI Code ILDC IC AC DC
Rows 0010 0020 0030 0040 0050 0060
… ’
THE EUROPEAN COMMISSION,
Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012(1)and in particular Article 430(7), fifth subparagraph thereof,
(1) Regulation (EU) No 575/2013 was amended by Regulation (EU) 2024/1623 of the European Parliament and of the Council(2)to implement the latest set of international standards of the Basel Committee on Banking Supervision (Basel III). Those standards led to the adoption of Commission Implementing Regulation (EU) 2024/3117(3), which lays down implementing technical standards for the application of Regulation (EU) No 575/2013 with regard to supervisory reporting of institutions.
(2) Given the changes to the prudential framework for own funds requirements for operational risk, new reporting templates were necessary to ensure that institutions report in accordance with the new framework in place. While some of those changes to the reporting templates were already introduced by Implementing Regulation (EU) 2024/3117, the update of several other templates was only possible following further technical development of the operational risk requirements, in particular regarding the specification of the components of the business indicator, the items to be excluded from the business indicator and their mapping to the corresponding reporting cells.
(3) Commission Delegated Regulation (EU) 2025/1496(4)postponed the date of application of the own funds requirements for market risk to 1 January 2027. As a result, it is necessary to maintain without changes the existing reporting on the market risk requirements that apply until 31 December 2026. Therefore, the transitional provisions of Implementing Regulation (EU) 2024/3117 should be extended and the repeal of the relevant provisions of Commission Implementing Regulation (EU) 2021/451(5)should be postponed by another year.
(4) Implementing Regulation (EU) 2024/3117 should therefore be amended accordingly.
(5) This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Banking Authority (EBA).
(6) The EBA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the advice of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council(6).
HAS ADOPTED THIS REGULATION:

Article 1
Implementing Regulation (EU) 2024/3117 is amended as follows:
(1)
in Article 5, paragraph 4 is replaced by the following:
‘4. For the calculation of the own funds requirements referred to in Article 92(4), points (b)(i) and (c), and Article 92(5), points (b) and (c), of Regulation (EU) No 575/2013, institutions shall, until 31 December 2026, submit the information on own funds requirements relating to market risk in accordance with Article 5(12) of Implementing Regulation (EU) 2021/451.’
(2)
in Article 7, the following point (c) is added:
‘(c)
EU parent institutions shall report the information required in Annex I, template C 16.04 related to information on subsidiaries subject to the derogation provided for in Article 314(3) of Regulation (EU) No 575/2013, on a quarterly basis.’;
(3)
in Article 25, paragraphs 1 and 2 are replaced by the following:
‘1. Implementing Regulation (EU) 2021/451 shall cease to apply from 1 January 2025, except for Article 5(12) and Annex I, templates 18 to 24, and Annex II Part II, points 5.1 to 5.7. Article 15 of Implementing Regulation (EU) 2021/451 shall continue to apply until 31 December 2026 only for the purposes of Article 5(4) of this Regulation.
2. Implementing Regulation (EU) 2021/451 is repealed with effect from 31 December 2026.’
(4)
in Annex I, Section 1 – ‘Reporting on own funds and own funds requirements’, is amended as follows:
(a)
template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’ is replaced by the template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’ set out in the Annex to this Regulation;
(b)
template ‘C 16.02 – OPERATIONAL RISK – Business Indicator Component (OPR BIC)’, template ‘C 16.03 – OPERATIONAL RISK BREAKDOWN (OPR BD) – Losses, expenses, provisions and other financial impacts resulting from operational risk events’ and template ‘C 16.04 – OPERATIONAL RISK – Information on subsidiaries subject to Article 314(3) CRR’ set out in the Annex to this Regulation are added after template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’.

Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in theOfficial Journal of the European Union.

THE EUROPEAN COMMISSION,
Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012(1)and in particular Article 430(7), fifth subparagraph thereof,
(1) Regulation (EU) No 575/2013 was amended by Regulation (EU) 2024/1623 of the European Parliament and of the Council(2)to implement the latest set of international standards of the Basel Committee on Banking Supervision (Basel III). Those standards led to the adoption of Commission Implementing Regulation (EU) 2024/3117(3), which lays down implementing technical standards for the application of Regulation (EU) No 575/2013 with regard to supervisory reporting of institutions.
(2) Given the changes to the prudential framework for own funds requirements for operational risk, new reporting templates were necessary to ensure that institutions report in accordance with the new framework in place. While some of those changes to the reporting templates were already introduced by Implementing Regulation (EU) 2024/3117, the update of several other templates was only possible following further technical development of the operational risk requirements, in particular regarding the specification of the components of the business indicator, the items to be excluded from the business indicator and their mapping to the corresponding reporting cells.
(3) Commission Delegated Regulation (EU) 2025/1496(4)postponed the date of application of the own funds requirements for market risk to 1 January 2027. As a result, it is necessary to maintain without changes the existing reporting on the market risk requirements that apply until 31 December 2026. Therefore, the transitional provisions of Implementing Regulation (EU) 2024/3117 should be extended and the repeal of the relevant provisions of Commission Implementing Regulation (EU) 2021/451(5)should be postponed by another year.
(4) Implementing Regulation (EU) 2024/3117 should therefore be amended accordingly.
(5) This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Banking Authority (EBA).
(6) The EBA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the advice of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council(6).
HAS ADOPTED THIS REGULATION:
Implementing Regulation (EU) 2024/3117 is amended as follows:
(1)
in Article 5, paragraph 4 is replaced by the following:
‘4. For the calculation of the own funds requirements referred to in Article 92(4), points (b)(i) and (c), and Article 92(5), points (b) and (c), of Regulation (EU) No 575/2013, institutions shall, until 31 December 2026, submit the information on own funds requirements relating to market risk in accordance with Article 5(12) of Implementing Regulation (EU) 2021/451.’
(2)
in Article 7, the following point (c) is added:
‘(c)
EU parent institutions shall report the information required in Annex I, template C 16.04 related to information on subsidiaries subject to the derogation provided for in Article 314(3) of Regulation (EU) No 575/2013, on a quarterly basis.’;
(3)
in Article 25, paragraphs 1 and 2 are replaced by the following:
‘1. Implementing Regulation (EU) 2021/451 shall cease to apply from 1 January 2025, except for Article 5(12) and Annex I, templates 18 to 24, and Annex II Part II, points 5.1 to 5.7. Article 15 of Implementing Regulation (EU) 2021/451 shall continue to apply until 31 December 2026 only for the purposes of Article 5(4) of this Regulation.
2. Implementing Regulation (EU) 2021/451 is repealed with effect from 31 December 2026.’
(4)
in Annex I, Section 1 – ‘Reporting on own funds and own funds requirements’, is amended as follows:
(a)
template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’ is replaced by the template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’ set out in the Annex to this Regulation;
(b)
template ‘C 16.02 – OPERATIONAL RISK – Business Indicator Component (OPR BIC)’, template ‘C 16.03 – OPERATIONAL RISK BREAKDOWN (OPR BD) – Losses, expenses, provisions and other financial impacts resulting from operational risk events’ and template ‘C 16.04 – OPERATIONAL RISK – Information on subsidiaries subject to Article 314(3) CRR’ set out in the Annex to this Regulation are added after template ‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)’.
This Regulation shall enter into force on the twentieth day following that of its publication in theOfficial Journal of the European Union.

C 16.01 – OPERATIONAL RISK – OWN FUNDS REQUIREMENTS (OPR OF):

ANNEX
‘C 16.01 – OPERATIONAL RISK – OWN Funds Requirements (OPR OF)

Value

Own fund requirements
Risk exposure amount
of which: adjustments due to merge/acquisition of entities or activities
(Adjustments due to disposal of entities or activities)
0010
0020
0030
0040
0050
0010
Business indicator component and ASA

0020
Business indicator

0030
Interest, leases and dividend component

0040
ILDC related to the individual institution/consolidated Group (excluding entities considered by Article 314(3)

0050
ILDC for entities considered by Article 314(3)

0060
Services component

0070
Financial component

0080
ASA under Article 314(4) (Retail banking)

0090
ASA under Article 314(4) (Commercial banking)

0100
Memorandum Item:ILDC related to the Individual institution/consolidated Group, including entities considered by Article 314(3)

Other information
0110
Approach used for calculating FC

’
C 16.02 – OPERATIONAL RISK – Business Indicator Component (OPR BIC):
‘C 16.02 – OPERATIONAL RISK – Business Indicator Component (OPR BIC)

YEAR-3
YEAR-2
LAST YEAR

Accounting Value
Value – Prudential Boundary Approach
Accounting Value
Value – Prudential Boundary Approach
Accounting Value
Value – Prudential Boundary Approach
Average Value
0010
0020
0030
0040
0050
0060
0070
0010 – 0210 1. Interest, leases and dividend component (ILDC)
0010
Interest component

0020
Net Income

0030
Interest Income (including from leased assets (Financial & Operating))

0040
Interest Income

0050
Income from leased assets (Financial&Operating) other than Interest income

0060
Profits from leased assets (Financial&Operating)

0070
(Interest expenses (including from leased assets (Financial&Operating)))

0080
(Interest expenses)

0090
(Expenses for operating leased assets other than Interest expenses)

0100
(Losses from operating leased assets)

0110
Asset component

0120
Total assets

0130
Cash balances at central banks and other demand deposits

0140
Debt securities

0150
Loans and advances

0160
Derivatives

0170
Trading and economic hedges

0180
Hedge accounting

0190
Assets subject to leases

0200
Dividend component

0210
Dividend income

0220 – 0360 2. Services component (SC)
0220
Other operating income

0230
Other operating income from members belonging to the same IPS

0240
Profit from non-current assets and disposal groups classified as held for sale not qualifying as discontinued operations

0250
Other

0260
(Other operating expenses)

0270
(Other operating expenses to members belonging to the same IPS)

0280
(Total losses, expenses, provisions and other financial impacts due to operational risk events)

0290
(Losses from non-current assets and disposal groups classified as held for sale not qualifying as discontinued operations)

0300
(Other)

0310
Fee and commission income component

0320
Fee and commission income

0330
of which: from members belonging to the same IPS

0340
(Fee and commission expenses component)

0350
(Fee and commission expenses)

0360
(of which: to members belonging to the same IPS)

0370 – 0480 3. Financial component (FC)
0370
Trading book component

0380
Net profit or (-)loss applicable to trading book

0390
Gains or (-) losses on financial assets and liabilities held for trading or trading, net

0400
Trading book – Gains or (-) losses from hedge accounting, net

0410
Trading book – Exchange differences [gain or (-) loss], net

0420
Banking book component

0430
Net profit or (-)loss applicable to banking book

0440
Gains or (-) losses on derecognition of financial assets and liabilities not measured at fair value through profit or loss, net

0450
Gains or (-) losses on non-trading financial assets mandatorily at fair value through profit or loss, net

0460
Gains or (-) losses on financial assets and liabilities designated at fair value through profit or loss, net

0470
Banking book – Gains or (-) losses from hedge accounting, net

0480
Banking book – Exchange differences [gain or (-) loss], net

’
C 16.03 – OPERATIONAL RISK BREAKDOWN (OPR BD) – Losses, expenses, provisions and other financial impacts resulting from operational risk events
‘C 16.03 – OPERATIONAL RISK BREAKDOWN (OPR BD) – Losses, expenses, provisions and other financial impacts resulting from operational risk events

Accounting Value
YEAR-3
YEAR-2
LAST YEAR
0010
0020
0030
0010 – 0080
Losses, expenses, provisions and other financial impacts due to operational risk events as follows:

0010
(Interest expenses)

0020
(Other Operating Expenses)

0030
(Administrative expenses)

0040
(Depreciation due to operational risk events)

0050
(Provisions or (-) reversal of provisions)

0060
(Impairment or (-) reversal of impairment)

0070
(Other)

0080
(Total)

’
C 16.04 – OPERATIONAL RISK – Information on subsidiaries subject to Article 314(3) CRR
‘C 16.04 – OPERATIONAL RISK – Information on subsidiaries subject to Article 314(3) CRR

Legal Entity name
LEI Code
ILDC
IC
AC
DC
Rows
0010
0020
0030
0040
0050
0060
…

’

Commission Implementing Regulation (EU) 2025/2462 of 8 December 2025 amending Implementing Regulation (EU) 2024/482 as regards definitions, ICT product series certification, assurance continuity and state-of-the-art documents

Official Journalof the European Union ENL series
2025/2462 9.12.2025
(1) Commission Implementing Regulation (EU) 2024/482(2)specifies the roles, rules and obligations, as well as the structure of the European Common Criteria-based cybersecurity certification scheme (EUCC) in accordance with the European cybersecurity certification framework set out in Regulation (EU) 2019/881.
(2) The Common Evaluation Methodology accompanying the Common Criteria (CC), an international standard for information security evaluation, allows the evaluation of the security of ICT products for certification purposes. In that context, some ICT products may be built upon the same functional basis in order to offer similar security functionalities on different platforms or appliances, also referred to as a product series. However, the design, hardware, firmware or software may vary from one ICT product to another. It is for the certification body to decide on a case-by-case basis whether certification of a product series can be carried out. The conditions for product series certification could be further illustrated in supporting EUCC guidelines.
(3) In order to maintain the reliability of certified products, it is essential to define what constitutes a major and minor change to the target of evaluation or its environment, including its operational or development environments. Therefore, it is necessary to specify those notions considering existing and widely used technical specifications from the Senior Officials Group – Information Systems Security (SOG-IS) and the participants of the Arrangements on the Recognition of Common Criteria Certificates in the field of IT Security (CCRA).
(4) Minor changes are often characterised by their limited effect on the product assurance statement provided by the issued EUCC certificate. Thus, minor changes should be managed under maintenance procedures and do not require a re-evaluation of the security functionalities of the product. Examples of minor changes that should be addressed through maintenance include, but are not limited to, editorial changes, changes to the target of evaluation environment that do not modify the certified target of evaluation, and changes to the certified target of evaluation that do not affect the assurance evidences. Changes to the development environment may also be considered minor, provided they have no follow-on impact on existing assurance measures. They may however in some cases require partial evaluation of the relevant measures.
(5) A major change is any change to the certified target of evaluation or its environment that may adversely impact the assurance expressed in the EUCC certificate, hence it should require re-evaluation. Examples of major changes include, but are not limited to, changes to the set of claimed assurance requirements, except for the assurance requirements of the CC ALC_FLR family (Flaw remediation); changes to the confidentiality or integrity controls of the development environment where such modifications could affect the secure development or production of the target of evaluation or changes to the target of evaluation to resolve an exploitable vulnerability. Additionally, a collection of minor changes that collectively exerts a significant impact on the security may also be qualified as a major change. It is also important to recognise that while a bug fix may only affect a specific aspect of the target of evaluation, its unpredictability and potential impact on the assurance may render it a major change if it compromises the security assurances provided by the certification.
(6) Changes in the threat environment of an unchanged certified ICT product, could require a re-assessment. The possible outcomes of such re-assessment process should be clearly established, in particular its impact on the EUCC certificate. If a reassessment is successfully completed, the certification body should confirm the certificate or issue a new certificate with an extended expiry date. If a reassessment process is not successful, the certification body should withdraw the certificate and possibly issue a new certificate with a different scope. Such provisions should applymutatis mutandisto the reassessment of protection profiles.
(7) Annex I to Implementing Regulation (EU) 2024/482 lists applicable state-of-the-art documents for the evaluation of ICT products and protection profiles. Those state-of-the-art documents should be updated to reflect the latest developments, such as those related to technological developments, the cyber threat landscape, industry practices, or international standards. Such an update is opportune for the state-of-the-art documents relating to minimum site security requirements, application of attack potentials to smartcards, application of attack potentials to hardware devices with security boxes, application of common criteria to integrated circuits and composite product evaluation for smartcards and similar devices. Additionally, state-of-the-art documents relating to composite product evaluation and certification using the latest version of the Common Criteria standards, reuse of evaluation results of site audits and clarifications regarding the interpretation of protection profiles relating to qualified electronic signature creation devices, tachographs and hardware security modules are not included. In order to ensure a uniform evaluation of ICT products under the EUCC, Annex I should be amended to include those updated and new state-of-the-art documents following their endorsement by the European Cybersecurity Certification Group (ECCG).
(8) Additionally, the state-of-the-art document ‘ADV_SPM.1 interpretation for CC:2022 transition’ should be added to the scheme to ensure that certification processes relying on specific protection profiles can continue using formal modelling (ADV_SPM.1) until the corresponding protection profiles are updated, for instance with the addition of a CC:2022 conformant multi-assurance protection profile configuration that supports ADV_SPM.1. In order to provide sufficient time for the market to transition towards the updated Common Criteria standards, specific transition rules need to be foreseen for the protection profiles Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014, Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020, or Java Card System – Open Configuration (v3.1), BSI-CC-PP-0099-V2-2020. To avoid any market disruptions, it is appropriate to establish that the state-of-the-art document on ADV_SPM.1 interpretation for CC:2022 transition is applicable to certification processes that have been initiated before the adoption of this Regulation. The application of this document should be, however, strictly limited to what is necessary, considering the time needed to finalise the update of the corresponding protection profiles. More precisely, for certification processes using protection profiles Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014, or Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020, the state-of-the-art document should apply to those processes that have been initiated before 1 October 2026. For certification processes using protection profile Java Card System – Open Configuration (v3.1), BSI-CC-PP-0099-V2-2020, the state-of-the-art document should only apply to those processes initiated before the date of entry into force of this Regulation, in view that a new version of the Java Card System – Open Configuration protection profile is already available.
(9) A change in the state-of-the-art documents during a certification process could disrupt the evaluation of the product and delay the issuance of the certificate. Therefore, appropriate transition rules are necessary for new or updated state-of-the-art documents, to enable vendors, ITSEFs, certification bodies and other stakeholders to make necessary adjustments. Applicable updated and new state-of-the-art documents should concern applications for certification, including applications for reassessment and re-evaluation, while it should be possible for ongoing certification processes to keep using earlier versions of the state-of-the-art documents.
(10) Annex II and Annex III to Implementing Regulation (EU) 2024/482 list respectively the protection profiles certified at AVA_VAN level 4 or 5 and the recommended protection profiles. Several references are incomplete or obsolete, due to an update of the protection profiles. Those references should be completed and, in addition, new references should be included to ensure a more comprehensive coverage of secure integrated circuits, smartcards and related devices and trusted computing.
(11) It is necessary to make amendments to Article 19 of Implementing Regulation (EU) 2024/482 to clarify that Annex IV applies, with the necessary changes, to the review of EUCC certificates for protection profiles.
(12) In view that the security target is a key element to understand the scope of a certification process, it is also necessary for ENISA to publish the security target corresponding to each EUCC certificate on its website.
(13) Furthermore, certification bodies should provide ENISA with an English version of the security target and the certification report to enable the agency to make that information available in English on the corresponding website, pursuant to Article 42(2) of Implementing Regulation (EU) 2024/482. For that reason, applicants for certification should provide certification bodies with an English version of the security target, whenever requested.
(14) It is not necessary for the reference to the certification body name to appear in the unique identification of the certificate as the identification number of the certification body is sufficient to identify this body in a unique manner. The month of issuance does not need to appear either as the counting of the certificates is done on a yearly basis. Therefore, that requirement should be deleted for simplification purposes. Since the year of issuance of the certificate corresponds to the issuance of the first certificate, that same date should appear in the unique identification on certificates issued after a review, to ensure traceability.
(15) Implementing Regulation (EU) 2024/482 should therefore be amended accordingly.
(16) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 66 of Regulation (EU) 2019/881,
(1) in Article 2, the following points (16), (17) and (18) are added:‘(16)“product series” means a set of ICT products by an applicant, built upon the same functional basis in order to address the same security needs, having a design, hardware, firmware or software which may vary from an ICT product to another;(17)“minor change” means any change in the certified target of evaluation or its environment that does not adversely impact the assurance expressed in the EUCC certificate;(18)“major change” means any change in the certified target of evaluation or its environment that may adversely impact the assurance expressed in the EUCC certificate.’; ‘(16) “product series” means a set of ICT products by an applicant, built upon the same functional basis in order to address the same security needs, having a design, hardware, firmware or software which may vary from an ICT product to another; (17) “minor change” means any change in the certified target of evaluation or its environment that does not adversely impact the assurance expressed in the EUCC certificate; (18) “major change” means any change in the certified target of evaluation or its environment that may adversely impact the assurance expressed in the EUCC certificate.’;
‘(16) “product series” means a set of ICT products by an applicant, built upon the same functional basis in order to address the same security needs, having a design, hardware, firmware or software which may vary from an ICT product to another;
(17) “minor change” means any change in the certified target of evaluation or its environment that does not adversely impact the assurance expressed in the EUCC certificate;
(18) “major change” means any change in the certified target of evaluation or its environment that may adversely impact the assurance expressed in the EUCC certificate.’;
‘(16) “product series” means a set of ICT products by an applicant, built upon the same functional basis in order to address the same security needs, having a design, hardware, firmware or software which may vary from an ICT product to another;
(17) “minor change” means any change in the certified target of evaluation or its environment that does not adversely impact the assurance expressed in the EUCC certificate;
(18) “major change” means any change in the certified target of evaluation or its environment that may adversely impact the assurance expressed in the EUCC certificate.’;
(2) in Article 5, the following paragraph 3 is added:‘3.   A certification body may allow the certification of a product series.’;
(3) in Article 9, paragraph 2, point (a) is replaced by the following:‘(a)to provide the certification body and the ITSEF with all the necessary complete and correct information, and to provide additional necessary information if requested, including an English version of the security target;’; ‘(a) to provide the certification body and the ITSEF with all the necessary complete and correct information, and to provide additional necessary information if requested, including an English version of the security target;’;
‘(a) to provide the certification body and the ITSEF with all the necessary complete and correct information, and to provide additional necessary information if requested, including an English version of the security target;’;
‘(a) to provide the certification body and the ITSEF with all the necessary complete and correct information, and to provide additional necessary information if requested, including an English version of the security target;’;
(4) in Article 11, paragraph 3, point (b) is replaced by the following:‘(b)the unique identification of the certificate, consisting of:(1)the name of the scheme;(2)the identification number, in accordance with Article 3 of Implementing Regulation (EU) 2024/3143, of the certification body that has issued the certificate;(3)year of issuance of the initial certificate;(4)identification number assigned by the certification body that has issued the certificate.’; ‘(b) the unique identification of the certificate, consisting of:(1)the name of the scheme;(2)the identification number, in accordance with Article 3 of Implementing Regulation (EU) 2024/3143, of the certification body that has issued the certificate;(3)year of issuance of the initial certificate;(4)identification number assigned by the certification body that has issued the certificate.’; (1) the name of the scheme; (2) the identification number, in accordance with Article 3 of Implementing Regulation (EU) 2024/3143, of the certification body that has issued the certificate; (3) year of issuance of the initial certificate; (4) identification number assigned by the certification body that has issued the certificate.’;
‘(b) the unique identification of the certificate, consisting of:(1)the name of the scheme;(2)the identification number, in accordance with Article 3 of Implementing Regulation (EU) 2024/3143, of the certification body that has issued the certificate;(3)year of issuance of the initial certificate;(4)identification number assigned by the certification body that has issued the certificate.’; (1) the name of the scheme; (2) the identification number, in accordance with Article 3 of Implementing Regulation (EU) 2024/3143, of the certification body that has issued the certificate; (3) year of issuance of the initial certificate; (4) identification number assigned by the certification body that has issued the certificate.’;
(1) the name of the scheme;
(2) the identification number, in accordance with Article 3 of Implementing Regulation (EU) 2024/3143, of the certification body that has issued the certificate;
(3) year of issuance of the initial certificate;
(4) identification number assigned by the certification body that has issued the certificate.’;
‘(b) the unique identification of the certificate, consisting of:(1)the name of the scheme;(2)the identification number, in accordance with Article 3 of Implementing Regulation (EU) 2024/3143, of the certification body that has issued the certificate;(3)year of issuance of the initial certificate;(4)identification number assigned by the certification body that has issued the certificate.’; (1) the name of the scheme; (2) the identification number, in accordance with Article 3 of Implementing Regulation (EU) 2024/3143, of the certification body that has issued the certificate; (3) year of issuance of the initial certificate; (4) identification number assigned by the certification body that has issued the certificate.’;
(1) the name of the scheme;
(2) the identification number, in accordance with Article 3 of Implementing Regulation (EU) 2024/3143, of the certification body that has issued the certificate;
(3) year of issuance of the initial certificate;
(4) identification number assigned by the certification body that has issued the certificate.’;
(1) the name of the scheme;
(2) the identification number, in accordance with Article 3 of Implementing Regulation (EU) 2024/3143, of the certification body that has issued the certificate;
(3) year of issuance of the initial certificate;
(4) identification number assigned by the certification body that has issued the certificate.’;
(5) in Article 19, paragraph 1 is replaced by the following:‘1.   Upon request of the holder of the certificate or for other justified reasons, the certification body may decide to review an EUCC certificate for a protection profile. The review shall be carried out in accordance with Annex IV. The certification body shall determine the extent of the review. Where necessary for the review, the certification body shall request the ITSEF to perform a re-evaluation of the certified protection profile.’;
(6) Article 42 is amended as follows:(a)in paragraph 1, the following point (i) is added:‘(i)the security target corresponding to each EUCC certificate;’;(b)paragraph 2 is replaced by the following:‘2.   The information referred to in paragraph 1 shall be made available at least in English. For that purpose, certification bodies shall provide ENISA with the original language versions of the certification reports and security targets, and in addition they shall also provide the English version of such documents without undue delay.’; (a) in paragraph 1, the following point (i) is added:‘(i)the security target corresponding to each EUCC certificate;’; ‘(i) the security target corresponding to each EUCC certificate;’; (b) paragraph 2 is replaced by the following:‘2.   The information referred to in paragraph 1 shall be made available at least in English. For that purpose, certification bodies shall provide ENISA with the original language versions of the certification reports and security targets, and in addition they shall also provide the English version of such documents without undue delay.’;
(a) in paragraph 1, the following point (i) is added:‘(i)the security target corresponding to each EUCC certificate;’; ‘(i) the security target corresponding to each EUCC certificate;’;
‘(i) the security target corresponding to each EUCC certificate;’;
(b) paragraph 2 is replaced by the following:‘2.   The information referred to in paragraph 1 shall be made available at least in English. For that purpose, certification bodies shall provide ENISA with the original language versions of the certification reports and security targets, and in addition they shall also provide the English version of such documents without undue delay.’;
(a) in paragraph 1, the following point (i) is added:‘(i)the security target corresponding to each EUCC certificate;’; ‘(i) the security target corresponding to each EUCC certificate;’;
‘(i) the security target corresponding to each EUCC certificate;’;
‘(i) the security target corresponding to each EUCC certificate;’;
(b) paragraph 2 is replaced by the following:‘2.   The information referred to in paragraph 1 shall be made available at least in English. For that purpose, certification bodies shall provide ENISA with the original language versions of the certification reports and security targets, and in addition they shall also provide the English version of such documents without undue delay.’;
(7) in Article 48, paragraph 4 is replaced by the following:‘4.   Unless specified otherwise in Annex I or II, state-of-the-art documents shall apply to certification processes, including reassessment and re-evaluation, initiated from the date of application of the amending act by which the state-of-the-art documents have been incorporated in Annex I or II.’;
(8) Annex I is replaced by the text in Annex I to this Regulation;
(9) Annex II is replaced by the text in Annex II to this Regulation;
(10) Annex III is replaced by the text in Annex III to this Regulation;
(11) Annex IV is amended in accordance with Annex IV to this Regulation;
(12) Annex V is amended in accordance with Annex V to this Regulation;
(13) Annex IX is replaced by the text in Annex VI to this Regulation.
(a) the following documents related to the harmonised evaluation of technical domain “smart cards and similar devices”:(1)“Minimum ITSEF requirements for security evaluations of smart cards and similar devices”, version 1.1;(2)“Minimum Site Security Requirements”, version 2;(3)“Reusing evaluation results of site audits (STAR)”, version 1;(4)“Application of Common Criteria to integrated circuits”, version 2;(5)“Security Architecture requirements (ADV_ARC) for smart cards and similar devices”, version 1.1;(6)“Certification of ‘open’ smart card products”, version 1.1;(7)“Composite product evaluation for smart cards and similar devices for CC3.1”, version 2;(8)“Composite product evaluation and certification for CC:2022”, version 1;(9)“Application of Attack Potential to Smartcards and Similar Devices”, version 2;(10)“Security Evaluation and Certification of Qualified Electronic Signature/Seal Creation Devices”, version 1;(11)“ADV_SPM.1 interpretation for CC:2022 transition”, version 1.1, applicable for certification processes using protection profiles as follows:(a)protection profiles Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014, or Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020, initiated before 1 October 2026;(b)protection profile Java Card System – Open Configuration (v3.1), BSI-CC-PP-0099-V2-2020, initiated before 29 December 2025. (1) “Minimum ITSEF requirements for security evaluations of smart cards and similar devices”, version 1.1; (2) “Minimum Site Security Requirements”, version 2; (3) “Reusing evaluation results of site audits (STAR)”, version 1; (4) “Application of Common Criteria to integrated circuits”, version 2; (5) “Security Architecture requirements (ADV_ARC) for smart cards and similar devices”, version 1.1; (6) “Certification of ‘open’ smart card products”, version 1.1; (7) “Composite product evaluation for smart cards and similar devices for CC3.1”, version 2; (8) “Composite product evaluation and certification for CC:2022”, version 1; (9) “Application of Attack Potential to Smartcards and Similar Devices”, version 2; (10) “Security Evaluation and Certification of Qualified Electronic Signature/Seal Creation Devices”, version 1; (11) “ADV_SPM.1 interpretation for CC:2022 transition”, version 1.1, applicable for certification processes using protection profiles as follows:(a)protection profiles Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014, or Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020, initiated before 1 October 2026;(b)protection profile Java Card System – Open Configuration (v3.1), BSI-CC-PP-0099-V2-2020, initiated before 29 December 2025. (a) protection profiles Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014, or Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020, initiated before 1 October 2026; (b) protection profile Java Card System – Open Configuration (v3.1), BSI-CC-PP-0099-V2-2020, initiated before 29 December 2025.
(1) “Minimum ITSEF requirements for security evaluations of smart cards and similar devices”, version 1.1;
(2) “Minimum Site Security Requirements”, version 2;
(3) “Reusing evaluation results of site audits (STAR)”, version 1;
(4) “Application of Common Criteria to integrated circuits”, version 2;
(5) “Security Architecture requirements (ADV_ARC) for smart cards and similar devices”, version 1.1;
(6) “Certification of ‘open’ smart card products”, version 1.1;
(7) “Composite product evaluation for smart cards and similar devices for CC3.1”, version 2;
(8) “Composite product evaluation and certification for CC:2022”, version 1;
(9) “Application of Attack Potential to Smartcards and Similar Devices”, version 2;
(10) “Security Evaluation and Certification of Qualified Electronic Signature/Seal Creation Devices”, version 1;
(11) “ADV_SPM.1 interpretation for CC:2022 transition”, version 1.1, applicable for certification processes using protection profiles as follows:(a)protection profiles Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014, or Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020, initiated before 1 October 2026;(b)protection profile Java Card System – Open Configuration (v3.1), BSI-CC-PP-0099-V2-2020, initiated before 29 December 2025. (a) protection profiles Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014, or Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020, initiated before 1 October 2026; (b) protection profile Java Card System – Open Configuration (v3.1), BSI-CC-PP-0099-V2-2020, initiated before 29 December 2025.
(a) protection profiles Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014, or Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020, initiated before 1 October 2026;
(b) protection profile Java Card System – Open Configuration (v3.1), BSI-CC-PP-0099-V2-2020, initiated before 29 December 2025.
(1) “Minimum ITSEF requirements for security evaluations of smart cards and similar devices”, version 1.1;
(2) “Minimum Site Security Requirements”, version 2;
(3) “Reusing evaluation results of site audits (STAR)”, version 1;
(4) “Application of Common Criteria to integrated circuits”, version 2;
(5) “Security Architecture requirements (ADV_ARC) for smart cards and similar devices”, version 1.1;
(6) “Certification of ‘open’ smart card products”, version 1.1;
(7) “Composite product evaluation for smart cards and similar devices for CC3.1”, version 2;
(8) “Composite product evaluation and certification for CC:2022”, version 1;
(9) “Application of Attack Potential to Smartcards and Similar Devices”, version 2;
(10) “Security Evaluation and Certification of Qualified Electronic Signature/Seal Creation Devices”, version 1;
(11) “ADV_SPM.1 interpretation for CC:2022 transition”, version 1.1, applicable for certification processes using protection profiles as follows:(a)protection profiles Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014, or Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020, initiated before 1 October 2026;(b)protection profile Java Card System – Open Configuration (v3.1), BSI-CC-PP-0099-V2-2020, initiated before 29 December 2025. (a) protection profiles Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014, or Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020, initiated before 1 October 2026; (b) protection profile Java Card System – Open Configuration (v3.1), BSI-CC-PP-0099-V2-2020, initiated before 29 December 2025.
(a) protection profiles Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014, or Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020, initiated before 1 October 2026;
(b) protection profile Java Card System – Open Configuration (v3.1), BSI-CC-PP-0099-V2-2020, initiated before 29 December 2025.
(a) protection profiles Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014, or Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020, initiated before 1 October 2026;
(b) protection profile Java Card System – Open Configuration (v3.1), BSI-CC-PP-0099-V2-2020, initiated before 29 December 2025.
(b) the following documents related to the harmonised evaluation of technical domain “hardware devices with security boxes”:(1)“Minimum ITSEF requirements for security evaluations of hardware devices with security boxes”, version 1.1;(2)“Minimum Site Security Requirements”, version 2;(3)“Reusing evaluation results of site audits (STAR)”, version 1;(4)“Application of Attack Potential to hardware devices with security boxes”, version 2;(5)“Hardware assessment in EN 419221-5 (HSM PP)”, version 1;(6)“JIL Tachograph MS PP Clarification”, version 1. (1) “Minimum ITSEF requirements for security evaluations of hardware devices with security boxes”, version 1.1; (2) “Minimum Site Security Requirements”, version 2; (3) “Reusing evaluation results of site audits (STAR)”, version 1; (4) “Application of Attack Potential to hardware devices with security boxes”, version 2; (5) “Hardware assessment in EN 419221-5 (HSM PP)”, version 1; (6) “JIL Tachograph MS PP Clarification”, version 1.
(1) “Minimum ITSEF requirements for security evaluations of hardware devices with security boxes”, version 1.1;
(2) “Minimum Site Security Requirements”, version 2;
(3) “Reusing evaluation results of site audits (STAR)”, version 1;
(4) “Application of Attack Potential to hardware devices with security boxes”, version 2;
(5) “Hardware assessment in EN 419221-5 (HSM PP)”, version 1;
(6) “JIL Tachograph MS PP Clarification”, version 1.
(1) “Minimum ITSEF requirements for security evaluations of hardware devices with security boxes”, version 1.1;
(2) “Minimum Site Security Requirements”, version 2;
(3) “Reusing evaluation results of site audits (STAR)”, version 1;
(4) “Application of Attack Potential to hardware devices with security boxes”, version 2;
(5) “Hardware assessment in EN 419221-5 (HSM PP)”, version 1;
(6) “JIL Tachograph MS PP Clarification”, version 1.
(a) “Accreditation of ITSEFs for the EUCC”, version 1.1 for accreditations issued before 8 July 2025;
(b) “Accreditation of ITSEFs for the EUCC”, version 1.6c, for accreditations that are newly issued or reviewed after 8 July 2025;
(c) “Accreditation of CBs for the EUCC”, version 1.6b.
(a) EN 419241-2:2019 – Trustworthy Systems Supporting Server Signing – Part 2: Protection Profile for QSCD for Server Signing (v0.16), ANSSI-CC-PP-2018/02-M01;
(b) EN 419221-5:2018 – Protection profiles for Trust Service Provider Cryptographic modules – Part 5: Cryptographic Module for Trust Services (v0.15), ANSSI-CC-PP-2016/05-M01.
1. Smartcards and similar devices:(a)passport:(1)PP Machine Readable Travel Document with ‘ICAO Application’ Basic Access Control (v1.10), BSI-CC-PP-0055-2009;(2)PP Machine Readable Travel Document using Standard Inspection Procedure with PACE (PACE_PP) (v1), BSI-CC-PP-0068-V2-2011-MA-01;(3)PP Machine Readable Travel Document with ‘ICAO Application’ Extended Access Control with PACE (v1.3), BSI-CC-PP-0056-V2-2012-MA-02;(b)Secure Signature Creation Devices (SSCD):(1)EN 419211-2:2013 – Protection profiles for secure signature creation device – Part 2: Device with key generation (v1.03), BSI-CC-PP-0059-2009-MA-02;(2)EN 419211-3:2013 – Protection profiles for secure signature creation device – Part 3: Device with key import (v1.0.2), BSI-CC-PP-0075-2012-MA-01;(3)EN 419211-4:2013 – Protection profiles for secure signature creation device – Part 4: Extension for device with key generation and trusted channel to certificate generation application (v1.0.1), BSI-CC-PP-0071-2012-MA-01;(4)EN 419211-5:2013 – Protection profiles for secure signature creation device – Part 5: Extension for device with key generation and trusted channel to signature creation application (v1.0.1), BSI-CC-PP-0072-2012-MA-01;(5)EN 419211-6:2014 – Protection profiles for secure signature creation device – Part 6: Extension for device with key import and trusted channel to signature creation application (v1.0.4), BSI-CC-PP-0076-2013-MA-01;(c)tachograph: Digital Tachograph – Tachograph Card (TC PP) (v1.0), BSI-CC-PP-0091-2017;(d)secure IC, Java Card platform and eUICC:(1)Universal SIM Java Card Platform Protection Profile Basic and SCWS Configurations (v2.0.2), ANSSI-CC-PP-2010/04 (Basic), ANSSI-CC-PP-2010/05 (Basic and SCWS);(2)Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014;(3)Embedded UICC (eUICC) for Machine-to-Machine Devices (v1.1), BSI-CC-PP-0089-2015;(4)Cryptographic Service Provider – CSP (v0.9.8), BSI-CC-PP-0104-2019;(5)Cryptographic Service Provider – Time Stamp Service and Audit (PPC-CSP-TS-Au) Version 0.9.5, BSI-CC-PP-0107-2019;(6)Configuration Cryptographic Service Provider – Time Stamp Service, Audit and Clustering (PPC-CSP-TS-Au-Cl) Version 0.9.4, BSI-CC-PP-0108-2019;(7)Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020;(8)Secure Element Protection Profile – GPC_SPE_174 (v1.0), CCN-CC-PP-5-2021;(9)Secure Sub-System in System-on-Chip (3S in SoC) Protection Profile (v1.8), BSI-CC-PP-0117-V2-2023;(10)Java Card System – Open Configuration (v3.2), BSI-CC-PP-0099-V3-2024;(11)Embedded UICC for Consumer Devices Protection Profile (v2.1), BSI-CC-PP-0100-V2-2025;(e)Trusted Platform Module: Protection Profile PC Client Specific Trusted Platform Module Specification Family 2.0; Level 0; Revision 1.59 (v1.3), ANSSI-CC-PP-2021/02. (a) passport:(1)PP Machine Readable Travel Document with ‘ICAO Application’ Basic Access Control (v1.10), BSI-CC-PP-0055-2009;(2)PP Machine Readable Travel Document using Standard Inspection Procedure with PACE (PACE_PP) (v1), BSI-CC-PP-0068-V2-2011-MA-01;(3)PP Machine Readable Travel Document with ‘ICAO Application’ Extended Access Control with PACE (v1.3), BSI-CC-PP-0056-V2-2012-MA-02; (1) PP Machine Readable Travel Document with ‘ICAO Application’ Basic Access Control (v1.10), BSI-CC-PP-0055-2009; (2) PP Machine Readable Travel Document using Standard Inspection Procedure with PACE (PACE_PP) (v1), BSI-CC-PP-0068-V2-2011-MA-01; (3) PP Machine Readable Travel Document with ‘ICAO Application’ Extended Access Control with PACE (v1.3), BSI-CC-PP-0056-V2-2012-MA-02; (b) Secure Signature Creation Devices (SSCD):(1)EN 419211-2:2013 – Protection profiles for secure signature creation device – Part 2: Device with key generation (v1.03), BSI-CC-PP-0059-2009-MA-02;(2)EN 419211-3:2013 – Protection profiles for secure signature creation device – Part 3: Device with key import (v1.0.2), BSI-CC-PP-0075-2012-MA-01;(3)EN 419211-4:2013 – Protection profiles for secure signature creation device – Part 4: Extension for device with key generation and trusted channel to certificate generation application (v1.0.1), BSI-CC-PP-0071-2012-MA-01;(4)EN 419211-5:2013 – Protection profiles for secure signature creation device – Part 5: Extension for device with key generation and trusted channel to signature creation application (v1.0.1), BSI-CC-PP-0072-2012-MA-01;(5)EN 419211-6:2014 – Protection profiles for secure signature creation device – Part 6: Extension for device with key import and trusted channel to signature creation application (v1.0.4), BSI-CC-PP-0076-2013-MA-01; (1) EN 419211-2:2013 – Protection profiles for secure signature creation device – Part 2: Device with key generation (v1.03), BSI-CC-PP-0059-2009-MA-02; (2) EN 419211-3:2013 – Protection profiles for secure signature creation device – Part 3: Device with key import (v1.0.2), BSI-CC-PP-0075-2012-MA-01; (3) EN 419211-4:2013 – Protection profiles for secure signature creation device – Part 4: Extension for device with key generation and trusted channel to certificate generation application (v1.0.1), BSI-CC-PP-0071-2012-MA-01; (4) EN 419211-5:2013 – Protection profiles for secure signature creation device – Part 5: Extension for device with key generation and trusted channel to signature creation application (v1.0.1), BSI-CC-PP-0072-2012-MA-01; (5) EN 419211-6:2014 – Protection profiles for secure signature creation device – Part 6: Extension for device with key import and trusted channel to signature creation application (v1.0.4), BSI-CC-PP-0076-2013-MA-01; (c) tachograph: Digital Tachograph – Tachograph Card (TC PP) (v1.0), BSI-CC-PP-0091-2017; (d) secure IC, Java Card platform and eUICC:(1)Universal SIM Java Card Platform Protection Profile Basic and SCWS Configurations (v2.0.2), ANSSI-CC-PP-2010/04 (Basic), ANSSI-CC-PP-2010/05 (Basic and SCWS);(2)Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014;(3)Embedded UICC (eUICC) for Machine-to-Machine Devices (v1.1), BSI-CC-PP-0089-2015;(4)Cryptographic Service Provider – CSP (v0.9.8), BSI-CC-PP-0104-2019;(5)Cryptographic Service Provider – Time Stamp Service and Audit (PPC-CSP-TS-Au) Version 0.9.5, BSI-CC-PP-0107-2019;(6)Configuration Cryptographic Service Provider – Time Stamp Service, Audit and Clustering (PPC-CSP-TS-Au-Cl) Version 0.9.4, BSI-CC-PP-0108-2019;(7)Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020;(8)Secure Element Protection Profile – GPC_SPE_174 (v1.0), CCN-CC-PP-5-2021;(9)Secure Sub-System in System-on-Chip (3S in SoC) Protection Profile (v1.8), BSI-CC-PP-0117-V2-2023;(10)Java Card System – Open Configuration (v3.2), BSI-CC-PP-0099-V3-2024;(11)Embedded UICC for Consumer Devices Protection Profile (v2.1), BSI-CC-PP-0100-V2-2025; (1) Universal SIM Java Card Platform Protection Profile Basic and SCWS Configurations (v2.0.2), ANSSI-CC-PP-2010/04 (Basic), ANSSI-CC-PP-2010/05 (Basic and SCWS); (2) Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014; (3) Embedded UICC (eUICC) for Machine-to-Machine Devices (v1.1), BSI-CC-PP-0089-2015; (4) Cryptographic Service Provider – CSP (v0.9.8), BSI-CC-PP-0104-2019; (5) Cryptographic Service Provider – Time Stamp Service and Audit (PPC-CSP-TS-Au) Version 0.9.5, BSI-CC-PP-0107-2019; (6) Configuration Cryptographic Service Provider – Time Stamp Service, Audit and Clustering (PPC-CSP-TS-Au-Cl) Version 0.9.4, BSI-CC-PP-0108-2019; (7) Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020; (8) Secure Element Protection Profile – GPC_SPE_174 (v1.0), CCN-CC-PP-5-2021; (9) Secure Sub-System in System-on-Chip (3S in SoC) Protection Profile (v1.8), BSI-CC-PP-0117-V2-2023; (10) Java Card System – Open Configuration (v3.2), BSI-CC-PP-0099-V3-2024; (11) Embedded UICC for Consumer Devices Protection Profile (v2.1), BSI-CC-PP-0100-V2-2025; (e) Trusted Platform Module: Protection Profile PC Client Specific Trusted Platform Module Specification Family 2.0; Level 0; Revision 1.59 (v1.3), ANSSI-CC-PP-2021/02.
(a) passport:(1)PP Machine Readable Travel Document with ‘ICAO Application’ Basic Access Control (v1.10), BSI-CC-PP-0055-2009;(2)PP Machine Readable Travel Document using Standard Inspection Procedure with PACE (PACE_PP) (v1), BSI-CC-PP-0068-V2-2011-MA-01;(3)PP Machine Readable Travel Document with ‘ICAO Application’ Extended Access Control with PACE (v1.3), BSI-CC-PP-0056-V2-2012-MA-02; (1) PP Machine Readable Travel Document with ‘ICAO Application’ Basic Access Control (v1.10), BSI-CC-PP-0055-2009; (2) PP Machine Readable Travel Document using Standard Inspection Procedure with PACE (PACE_PP) (v1), BSI-CC-PP-0068-V2-2011-MA-01; (3) PP Machine Readable Travel Document with ‘ICAO Application’ Extended Access Control with PACE (v1.3), BSI-CC-PP-0056-V2-2012-MA-02;
(1) PP Machine Readable Travel Document with ‘ICAO Application’ Basic Access Control (v1.10), BSI-CC-PP-0055-2009;
(2) PP Machine Readable Travel Document using Standard Inspection Procedure with PACE (PACE_PP) (v1), BSI-CC-PP-0068-V2-2011-MA-01;
(3) PP Machine Readable Travel Document with ‘ICAO Application’ Extended Access Control with PACE (v1.3), BSI-CC-PP-0056-V2-2012-MA-02;
(b) Secure Signature Creation Devices (SSCD):(1)EN 419211-2:2013 – Protection profiles for secure signature creation device – Part 2: Device with key generation (v1.03), BSI-CC-PP-0059-2009-MA-02;(2)EN 419211-3:2013 – Protection profiles for secure signature creation device – Part 3: Device with key import (v1.0.2), BSI-CC-PP-0075-2012-MA-01;(3)EN 419211-4:2013 – Protection profiles for secure signature creation device – Part 4: Extension for device with key generation and trusted channel to certificate generation application (v1.0.1), BSI-CC-PP-0071-2012-MA-01;(4)EN 419211-5:2013 – Protection profiles for secure signature creation device – Part 5: Extension for device with key generation and trusted channel to signature creation application (v1.0.1), BSI-CC-PP-0072-2012-MA-01;(5)EN 419211-6:2014 – Protection profiles for secure signature creation device – Part 6: Extension for device with key import and trusted channel to signature creation application (v1.0.4), BSI-CC-PP-0076-2013-MA-01; (1) EN 419211-2:2013 – Protection profiles for secure signature creation device – Part 2: Device with key generation (v1.03), BSI-CC-PP-0059-2009-MA-02; (2) EN 419211-3:2013 – Protection profiles for secure signature creation device – Part 3: Device with key import (v1.0.2), BSI-CC-PP-0075-2012-MA-01; (3) EN 419211-4:2013 – Protection profiles for secure signature creation device – Part 4: Extension for device with key generation and trusted channel to certificate generation application (v1.0.1), BSI-CC-PP-0071-2012-MA-01; (4) EN 419211-5:2013 – Protection profiles for secure signature creation device – Part 5: Extension for device with key generation and trusted channel to signature creation application (v1.0.1), BSI-CC-PP-0072-2012-MA-01; (5) EN 419211-6:2014 – Protection profiles for secure signature creation device – Part 6: Extension for device with key import and trusted channel to signature creation application (v1.0.4), BSI-CC-PP-0076-2013-MA-01;
(1) EN 419211-2:2013 – Protection profiles for secure signature creation device – Part 2: Device with key generation (v1.03), BSI-CC-PP-0059-2009-MA-02;
(2) EN 419211-3:2013 – Protection profiles for secure signature creation device – Part 3: Device with key import (v1.0.2), BSI-CC-PP-0075-2012-MA-01;
(3) EN 419211-4:2013 – Protection profiles for secure signature creation device – Part 4: Extension for device with key generation and trusted channel to certificate generation application (v1.0.1), BSI-CC-PP-0071-2012-MA-01;
(4) EN 419211-5:2013 – Protection profiles for secure signature creation device – Part 5: Extension for device with key generation and trusted channel to signature creation application (v1.0.1), BSI-CC-PP-0072-2012-MA-01;
(5) EN 419211-6:2014 – Protection profiles for secure signature creation device – Part 6: Extension for device with key import and trusted channel to signature creation application (v1.0.4), BSI-CC-PP-0076-2013-MA-01;
(c) tachograph: Digital Tachograph – Tachograph Card (TC PP) (v1.0), BSI-CC-PP-0091-2017;
(d) secure IC, Java Card platform and eUICC:(1)Universal SIM Java Card Platform Protection Profile Basic and SCWS Configurations (v2.0.2), ANSSI-CC-PP-2010/04 (Basic), ANSSI-CC-PP-2010/05 (Basic and SCWS);(2)Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014;(3)Embedded UICC (eUICC) for Machine-to-Machine Devices (v1.1), BSI-CC-PP-0089-2015;(4)Cryptographic Service Provider – CSP (v0.9.8), BSI-CC-PP-0104-2019;(5)Cryptographic Service Provider – Time Stamp Service and Audit (PPC-CSP-TS-Au) Version 0.9.5, BSI-CC-PP-0107-2019;(6)Configuration Cryptographic Service Provider – Time Stamp Service, Audit and Clustering (PPC-CSP-TS-Au-Cl) Version 0.9.4, BSI-CC-PP-0108-2019;(7)Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020;(8)Secure Element Protection Profile – GPC_SPE_174 (v1.0), CCN-CC-PP-5-2021;(9)Secure Sub-System in System-on-Chip (3S in SoC) Protection Profile (v1.8), BSI-CC-PP-0117-V2-2023;(10)Java Card System – Open Configuration (v3.2), BSI-CC-PP-0099-V3-2024;(11)Embedded UICC for Consumer Devices Protection Profile (v2.1), BSI-CC-PP-0100-V2-2025; (1) Universal SIM Java Card Platform Protection Profile Basic and SCWS Configurations (v2.0.2), ANSSI-CC-PP-2010/04 (Basic), ANSSI-CC-PP-2010/05 (Basic and SCWS); (2) Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014; (3) Embedded UICC (eUICC) for Machine-to-Machine Devices (v1.1), BSI-CC-PP-0089-2015; (4) Cryptographic Service Provider – CSP (v0.9.8), BSI-CC-PP-0104-2019; (5) Cryptographic Service Provider – Time Stamp Service and Audit (PPC-CSP-TS-Au) Version 0.9.5, BSI-CC-PP-0107-2019; (6) Configuration Cryptographic Service Provider – Time Stamp Service, Audit and Clustering (PPC-CSP-TS-Au-Cl) Version 0.9.4, BSI-CC-PP-0108-2019; (7) Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020; (8) Secure Element Protection Profile – GPC_SPE_174 (v1.0), CCN-CC-PP-5-2021; (9) Secure Sub-System in System-on-Chip (3S in SoC) Protection Profile (v1.8), BSI-CC-PP-0117-V2-2023; (10) Java Card System – Open Configuration (v3.2), BSI-CC-PP-0099-V3-2024; (11) Embedded UICC for Consumer Devices Protection Profile (v2.1), BSI-CC-PP-0100-V2-2025;
(1) Universal SIM Java Card Platform Protection Profile Basic and SCWS Configurations (v2.0.2), ANSSI-CC-PP-2010/04 (Basic), ANSSI-CC-PP-2010/05 (Basic and SCWS);
(2) Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014;
(3) Embedded UICC (eUICC) for Machine-to-Machine Devices (v1.1), BSI-CC-PP-0089-2015;
(4) Cryptographic Service Provider – CSP (v0.9.8), BSI-CC-PP-0104-2019;
(5) Cryptographic Service Provider – Time Stamp Service and Audit (PPC-CSP-TS-Au) Version 0.9.5, BSI-CC-PP-0107-2019;
(6) Configuration Cryptographic Service Provider – Time Stamp Service, Audit and Clustering (PPC-CSP-TS-Au-Cl) Version 0.9.4, BSI-CC-PP-0108-2019;
(7) Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020;
(8) Secure Element Protection Profile – GPC_SPE_174 (v1.0), CCN-CC-PP-5-2021;
(9) Secure Sub-System in System-on-Chip (3S in SoC) Protection Profile (v1.8), BSI-CC-PP-0117-V2-2023;
(10) Java Card System – Open Configuration (v3.2), BSI-CC-PP-0099-V3-2024;
(11) Embedded UICC for Consumer Devices Protection Profile (v2.1), BSI-CC-PP-0100-V2-2025;
(e) Trusted Platform Module: Protection Profile PC Client Specific Trusted Platform Module Specification Family 2.0; Level 0; Revision 1.59 (v1.3), ANSSI-CC-PP-2021/02.
(a) passport:(1)PP Machine Readable Travel Document with ‘ICAO Application’ Basic Access Control (v1.10), BSI-CC-PP-0055-2009;(2)PP Machine Readable Travel Document using Standard Inspection Procedure with PACE (PACE_PP) (v1), BSI-CC-PP-0068-V2-2011-MA-01;(3)PP Machine Readable Travel Document with ‘ICAO Application’ Extended Access Control with PACE (v1.3), BSI-CC-PP-0056-V2-2012-MA-02; (1) PP Machine Readable Travel Document with ‘ICAO Application’ Basic Access Control (v1.10), BSI-CC-PP-0055-2009; (2) PP Machine Readable Travel Document using Standard Inspection Procedure with PACE (PACE_PP) (v1), BSI-CC-PP-0068-V2-2011-MA-01; (3) PP Machine Readable Travel Document with ‘ICAO Application’ Extended Access Control with PACE (v1.3), BSI-CC-PP-0056-V2-2012-MA-02;
(1) PP Machine Readable Travel Document with ‘ICAO Application’ Basic Access Control (v1.10), BSI-CC-PP-0055-2009;
(2) PP Machine Readable Travel Document using Standard Inspection Procedure with PACE (PACE_PP) (v1), BSI-CC-PP-0068-V2-2011-MA-01;
(3) PP Machine Readable Travel Document with ‘ICAO Application’ Extended Access Control with PACE (v1.3), BSI-CC-PP-0056-V2-2012-MA-02;
(1) PP Machine Readable Travel Document with ‘ICAO Application’ Basic Access Control (v1.10), BSI-CC-PP-0055-2009;
(2) PP Machine Readable Travel Document using Standard Inspection Procedure with PACE (PACE_PP) (v1), BSI-CC-PP-0068-V2-2011-MA-01;
(3) PP Machine Readable Travel Document with ‘ICAO Application’ Extended Access Control with PACE (v1.3), BSI-CC-PP-0056-V2-2012-MA-02;
(b) Secure Signature Creation Devices (SSCD):(1)EN 419211-2:2013 – Protection profiles for secure signature creation device – Part 2: Device with key generation (v1.03), BSI-CC-PP-0059-2009-MA-02;(2)EN 419211-3:2013 – Protection profiles for secure signature creation device – Part 3: Device with key import (v1.0.2), BSI-CC-PP-0075-2012-MA-01;(3)EN 419211-4:2013 – Protection profiles for secure signature creation device – Part 4: Extension for device with key generation and trusted channel to certificate generation application (v1.0.1), BSI-CC-PP-0071-2012-MA-01;(4)EN 419211-5:2013 – Protection profiles for secure signature creation device – Part 5: Extension for device with key generation and trusted channel to signature creation application (v1.0.1), BSI-CC-PP-0072-2012-MA-01;(5)EN 419211-6:2014 – Protection profiles for secure signature creation device – Part 6: Extension for device with key import and trusted channel to signature creation application (v1.0.4), BSI-CC-PP-0076-2013-MA-01; (1) EN 419211-2:2013 – Protection profiles for secure signature creation device – Part 2: Device with key generation (v1.03), BSI-CC-PP-0059-2009-MA-02; (2) EN 419211-3:2013 – Protection profiles for secure signature creation device – Part 3: Device with key import (v1.0.2), BSI-CC-PP-0075-2012-MA-01; (3) EN 419211-4:2013 – Protection profiles for secure signature creation device – Part 4: Extension for device with key generation and trusted channel to certificate generation application (v1.0.1), BSI-CC-PP-0071-2012-MA-01; (4) EN 419211-5:2013 – Protection profiles for secure signature creation device – Part 5: Extension for device with key generation and trusted channel to signature creation application (v1.0.1), BSI-CC-PP-0072-2012-MA-01; (5) EN 419211-6:2014 – Protection profiles for secure signature creation device – Part 6: Extension for device with key import and trusted channel to signature creation application (v1.0.4), BSI-CC-PP-0076-2013-MA-01;
(1) EN 419211-2:2013 – Protection profiles for secure signature creation device – Part 2: Device with key generation (v1.03), BSI-CC-PP-0059-2009-MA-02;
(2) EN 419211-3:2013 – Protection profiles for secure signature creation device – Part 3: Device with key import (v1.0.2), BSI-CC-PP-0075-2012-MA-01;
(3) EN 419211-4:2013 – Protection profiles for secure signature creation device – Part 4: Extension for device with key generation and trusted channel to certificate generation application (v1.0.1), BSI-CC-PP-0071-2012-MA-01;
(4) EN 419211-5:2013 – Protection profiles for secure signature creation device – Part 5: Extension for device with key generation and trusted channel to signature creation application (v1.0.1), BSI-CC-PP-0072-2012-MA-01;
(5) EN 419211-6:2014 – Protection profiles for secure signature creation device – Part 6: Extension for device with key import and trusted channel to signature creation application (v1.0.4), BSI-CC-PP-0076-2013-MA-01;
(1) EN 419211-2:2013 – Protection profiles for secure signature creation device – Part 2: Device with key generation (v1.03), BSI-CC-PP-0059-2009-MA-02;
(2) EN 419211-3:2013 – Protection profiles for secure signature creation device – Part 3: Device with key import (v1.0.2), BSI-CC-PP-0075-2012-MA-01;
(3) EN 419211-4:2013 – Protection profiles for secure signature creation device – Part 4: Extension for device with key generation and trusted channel to certificate generation application (v1.0.1), BSI-CC-PP-0071-2012-MA-01;
(4) EN 419211-5:2013 – Protection profiles for secure signature creation device – Part 5: Extension for device with key generation and trusted channel to signature creation application (v1.0.1), BSI-CC-PP-0072-2012-MA-01;
(5) EN 419211-6:2014 – Protection profiles for secure signature creation device – Part 6: Extension for device with key import and trusted channel to signature creation application (v1.0.4), BSI-CC-PP-0076-2013-MA-01;
(c) tachograph: Digital Tachograph – Tachograph Card (TC PP) (v1.0), BSI-CC-PP-0091-2017;
(d) secure IC, Java Card platform and eUICC:(1)Universal SIM Java Card Platform Protection Profile Basic and SCWS Configurations (v2.0.2), ANSSI-CC-PP-2010/04 (Basic), ANSSI-CC-PP-2010/05 (Basic and SCWS);(2)Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014;(3)Embedded UICC (eUICC) for Machine-to-Machine Devices (v1.1), BSI-CC-PP-0089-2015;(4)Cryptographic Service Provider – CSP (v0.9.8), BSI-CC-PP-0104-2019;(5)Cryptographic Service Provider – Time Stamp Service and Audit (PPC-CSP-TS-Au) Version 0.9.5, BSI-CC-PP-0107-2019;(6)Configuration Cryptographic Service Provider – Time Stamp Service, Audit and Clustering (PPC-CSP-TS-Au-Cl) Version 0.9.4, BSI-CC-PP-0108-2019;(7)Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020;(8)Secure Element Protection Profile – GPC_SPE_174 (v1.0), CCN-CC-PP-5-2021;(9)Secure Sub-System in System-on-Chip (3S in SoC) Protection Profile (v1.8), BSI-CC-PP-0117-V2-2023;(10)Java Card System – Open Configuration (v3.2), BSI-CC-PP-0099-V3-2024;(11)Embedded UICC for Consumer Devices Protection Profile (v2.1), BSI-CC-PP-0100-V2-2025; (1) Universal SIM Java Card Platform Protection Profile Basic and SCWS Configurations (v2.0.2), ANSSI-CC-PP-2010/04 (Basic), ANSSI-CC-PP-2010/05 (Basic and SCWS); (2) Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014; (3) Embedded UICC (eUICC) for Machine-to-Machine Devices (v1.1), BSI-CC-PP-0089-2015; (4) Cryptographic Service Provider – CSP (v0.9.8), BSI-CC-PP-0104-2019; (5) Cryptographic Service Provider – Time Stamp Service and Audit (PPC-CSP-TS-Au) Version 0.9.5, BSI-CC-PP-0107-2019; (6) Configuration Cryptographic Service Provider – Time Stamp Service, Audit and Clustering (PPC-CSP-TS-Au-Cl) Version 0.9.4, BSI-CC-PP-0108-2019; (7) Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020; (8) Secure Element Protection Profile – GPC_SPE_174 (v1.0), CCN-CC-PP-5-2021; (9) Secure Sub-System in System-on-Chip (3S in SoC) Protection Profile (v1.8), BSI-CC-PP-0117-V2-2023; (10) Java Card System – Open Configuration (v3.2), BSI-CC-PP-0099-V3-2024; (11) Embedded UICC for Consumer Devices Protection Profile (v2.1), BSI-CC-PP-0100-V2-2025;
(1) Universal SIM Java Card Platform Protection Profile Basic and SCWS Configurations (v2.0.2), ANSSI-CC-PP-2010/04 (Basic), ANSSI-CC-PP-2010/05 (Basic and SCWS);
(2) Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014;
(3) Embedded UICC (eUICC) for Machine-to-Machine Devices (v1.1), BSI-CC-PP-0089-2015;
(4) Cryptographic Service Provider – CSP (v0.9.8), BSI-CC-PP-0104-2019;
(5) Cryptographic Service Provider – Time Stamp Service and Audit (PPC-CSP-TS-Au) Version 0.9.5, BSI-CC-PP-0107-2019;
(6) Configuration Cryptographic Service Provider – Time Stamp Service, Audit and Clustering (PPC-CSP-TS-Au-Cl) Version 0.9.4, BSI-CC-PP-0108-2019;
(7) Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020;
(8) Secure Element Protection Profile – GPC_SPE_174 (v1.0), CCN-CC-PP-5-2021;
(9) Secure Sub-System in System-on-Chip (3S in SoC) Protection Profile (v1.8), BSI-CC-PP-0117-V2-2023;
(10) Java Card System – Open Configuration (v3.2), BSI-CC-PP-0099-V3-2024;
(11) Embedded UICC for Consumer Devices Protection Profile (v2.1), BSI-CC-PP-0100-V2-2025;
(1) Universal SIM Java Card Platform Protection Profile Basic and SCWS Configurations (v2.0.2), ANSSI-CC-PP-2010/04 (Basic), ANSSI-CC-PP-2010/05 (Basic and SCWS);
(2) Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014;
(3) Embedded UICC (eUICC) for Machine-to-Machine Devices (v1.1), BSI-CC-PP-0089-2015;
(4) Cryptographic Service Provider – CSP (v0.9.8), BSI-CC-PP-0104-2019;
(5) Cryptographic Service Provider – Time Stamp Service and Audit (PPC-CSP-TS-Au) Version 0.9.5, BSI-CC-PP-0107-2019;
(6) Configuration Cryptographic Service Provider – Time Stamp Service, Audit and Clustering (PPC-CSP-TS-Au-Cl) Version 0.9.4, BSI-CC-PP-0108-2019;
(7) Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020;
(8) Secure Element Protection Profile – GPC_SPE_174 (v1.0), CCN-CC-PP-5-2021;
(9) Secure Sub-System in System-on-Chip (3S in SoC) Protection Profile (v1.8), BSI-CC-PP-0117-V2-2023;
(10) Java Card System – Open Configuration (v3.2), BSI-CC-PP-0099-V3-2024;
(11) Embedded UICC for Consumer Devices Protection Profile (v2.1), BSI-CC-PP-0100-V2-2025;
(e) Trusted Platform Module: Protection Profile PC Client Specific Trusted Platform Module Specification Family 2.0; Level 0; Revision 1.59 (v1.3), ANSSI-CC-PP-2021/02.
2. Hardware Devices with Security Boxes:(a)points of (payment) interaction and payment terminals (POI):(1)Point of Interaction ‘POI-CHIP-ONLY’ (v4.0), ANSSI-CC-PP-2015/01;(2)Point of Interaction ‘POI-CHIP-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/02;(3)Point of Interaction ‘POI-COMPREHENSIVE’ (v4.0), ANSSI-CC-PP-2015/03;(4)Point of Interaction ‘POI-COMPREHENSIVE and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/04;(5)Point of Interaction ‘POI-PED-ONLY’ (v4.0), ANSSI-CC-PP-2015/05;(6)Point of Interaction ‘POI-PED-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/06;(b)Hardware Security Module:(1)Cryptographic Module for CSP Signing Operations with Backup – PP CMCSOB 14167-2 (v0.35), ANSSI-CC-PP-2015/08;(2)Cryptographic Module for CSP Key Generation Services – PP CMCKG 14167-3 (v0.20), ANSSI-CC-PP-2015/09;(3)Cryptographic Module for CSP Signing Operations without Backup – PP CMCSO 14167-4 (v0.32), ANSSI-CC-PP-2015/10;(c)tachograph:(1)Digital Tachograph – Motion Sensor (MS PP) (v1.0), BSI-CC-PP-0093-2017;(2)Digital Tachograph – Vehicle Unit (VU PP) (v1.15), BSI-CC-PP-0094-V2-2021;(3)Digital Tachograph – External GNSS Facility (EGF PP) (v1.10), BSI-CC-PP-0092-V2-2021. (a) points of (payment) interaction and payment terminals (POI):(1)Point of Interaction ‘POI-CHIP-ONLY’ (v4.0), ANSSI-CC-PP-2015/01;(2)Point of Interaction ‘POI-CHIP-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/02;(3)Point of Interaction ‘POI-COMPREHENSIVE’ (v4.0), ANSSI-CC-PP-2015/03;(4)Point of Interaction ‘POI-COMPREHENSIVE and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/04;(5)Point of Interaction ‘POI-PED-ONLY’ (v4.0), ANSSI-CC-PP-2015/05;(6)Point of Interaction ‘POI-PED-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/06; (1) Point of Interaction ‘POI-CHIP-ONLY’ (v4.0), ANSSI-CC-PP-2015/01; (2) Point of Interaction ‘POI-CHIP-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/02; (3) Point of Interaction ‘POI-COMPREHENSIVE’ (v4.0), ANSSI-CC-PP-2015/03; (4) Point of Interaction ‘POI-COMPREHENSIVE and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/04; (5) Point of Interaction ‘POI-PED-ONLY’ (v4.0), ANSSI-CC-PP-2015/05; (6) Point of Interaction ‘POI-PED-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/06; (b) Hardware Security Module:(1)Cryptographic Module for CSP Signing Operations with Backup – PP CMCSOB 14167-2 (v0.35), ANSSI-CC-PP-2015/08;(2)Cryptographic Module for CSP Key Generation Services – PP CMCKG 14167-3 (v0.20), ANSSI-CC-PP-2015/09;(3)Cryptographic Module for CSP Signing Operations without Backup – PP CMCSO 14167-4 (v0.32), ANSSI-CC-PP-2015/10; (1) Cryptographic Module for CSP Signing Operations with Backup – PP CMCSOB 14167-2 (v0.35), ANSSI-CC-PP-2015/08; (2) Cryptographic Module for CSP Key Generation Services – PP CMCKG 14167-3 (v0.20), ANSSI-CC-PP-2015/09; (3) Cryptographic Module for CSP Signing Operations without Backup – PP CMCSO 14167-4 (v0.32), ANSSI-CC-PP-2015/10; (c) tachograph:(1)Digital Tachograph – Motion Sensor (MS PP) (v1.0), BSI-CC-PP-0093-2017;(2)Digital Tachograph – Vehicle Unit (VU PP) (v1.15), BSI-CC-PP-0094-V2-2021;(3)Digital Tachograph – External GNSS Facility (EGF PP) (v1.10), BSI-CC-PP-0092-V2-2021. (1) Digital Tachograph – Motion Sensor (MS PP) (v1.0), BSI-CC-PP-0093-2017; (2) Digital Tachograph – Vehicle Unit (VU PP) (v1.15), BSI-CC-PP-0094-V2-2021; (3) Digital Tachograph – External GNSS Facility (EGF PP) (v1.10), BSI-CC-PP-0092-V2-2021.
(a) points of (payment) interaction and payment terminals (POI):(1)Point of Interaction ‘POI-CHIP-ONLY’ (v4.0), ANSSI-CC-PP-2015/01;(2)Point of Interaction ‘POI-CHIP-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/02;(3)Point of Interaction ‘POI-COMPREHENSIVE’ (v4.0), ANSSI-CC-PP-2015/03;(4)Point of Interaction ‘POI-COMPREHENSIVE and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/04;(5)Point of Interaction ‘POI-PED-ONLY’ (v4.0), ANSSI-CC-PP-2015/05;(6)Point of Interaction ‘POI-PED-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/06; (1) Point of Interaction ‘POI-CHIP-ONLY’ (v4.0), ANSSI-CC-PP-2015/01; (2) Point of Interaction ‘POI-CHIP-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/02; (3) Point of Interaction ‘POI-COMPREHENSIVE’ (v4.0), ANSSI-CC-PP-2015/03; (4) Point of Interaction ‘POI-COMPREHENSIVE and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/04; (5) Point of Interaction ‘POI-PED-ONLY’ (v4.0), ANSSI-CC-PP-2015/05; (6) Point of Interaction ‘POI-PED-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/06;
(1) Point of Interaction ‘POI-CHIP-ONLY’ (v4.0), ANSSI-CC-PP-2015/01;
(2) Point of Interaction ‘POI-CHIP-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/02;
(3) Point of Interaction ‘POI-COMPREHENSIVE’ (v4.0), ANSSI-CC-PP-2015/03;
(4) Point of Interaction ‘POI-COMPREHENSIVE and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/04;
(5) Point of Interaction ‘POI-PED-ONLY’ (v4.0), ANSSI-CC-PP-2015/05;
(6) Point of Interaction ‘POI-PED-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/06;
(b) Hardware Security Module:(1)Cryptographic Module for CSP Signing Operations with Backup – PP CMCSOB 14167-2 (v0.35), ANSSI-CC-PP-2015/08;(2)Cryptographic Module for CSP Key Generation Services – PP CMCKG 14167-3 (v0.20), ANSSI-CC-PP-2015/09;(3)Cryptographic Module for CSP Signing Operations without Backup – PP CMCSO 14167-4 (v0.32), ANSSI-CC-PP-2015/10; (1) Cryptographic Module for CSP Signing Operations with Backup – PP CMCSOB 14167-2 (v0.35), ANSSI-CC-PP-2015/08; (2) Cryptographic Module for CSP Key Generation Services – PP CMCKG 14167-3 (v0.20), ANSSI-CC-PP-2015/09; (3) Cryptographic Module for CSP Signing Operations without Backup – PP CMCSO 14167-4 (v0.32), ANSSI-CC-PP-2015/10;
(1) Cryptographic Module for CSP Signing Operations with Backup – PP CMCSOB 14167-2 (v0.35), ANSSI-CC-PP-2015/08;
(2) Cryptographic Module for CSP Key Generation Services – PP CMCKG 14167-3 (v0.20), ANSSI-CC-PP-2015/09;
(3) Cryptographic Module for CSP Signing Operations without Backup – PP CMCSO 14167-4 (v0.32), ANSSI-CC-PP-2015/10;
(c) tachograph:(1)Digital Tachograph – Motion Sensor (MS PP) (v1.0), BSI-CC-PP-0093-2017;(2)Digital Tachograph – Vehicle Unit (VU PP) (v1.15), BSI-CC-PP-0094-V2-2021;(3)Digital Tachograph – External GNSS Facility (EGF PP) (v1.10), BSI-CC-PP-0092-V2-2021. (1) Digital Tachograph – Motion Sensor (MS PP) (v1.0), BSI-CC-PP-0093-2017; (2) Digital Tachograph – Vehicle Unit (VU PP) (v1.15), BSI-CC-PP-0094-V2-2021; (3) Digital Tachograph – External GNSS Facility (EGF PP) (v1.10), BSI-CC-PP-0092-V2-2021.
(1) Digital Tachograph – Motion Sensor (MS PP) (v1.0), BSI-CC-PP-0093-2017;
(2) Digital Tachograph – Vehicle Unit (VU PP) (v1.15), BSI-CC-PP-0094-V2-2021;
(3) Digital Tachograph – External GNSS Facility (EGF PP) (v1.10), BSI-CC-PP-0092-V2-2021.
(a) points of (payment) interaction and payment terminals (POI):(1)Point of Interaction ‘POI-CHIP-ONLY’ (v4.0), ANSSI-CC-PP-2015/01;(2)Point of Interaction ‘POI-CHIP-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/02;(3)Point of Interaction ‘POI-COMPREHENSIVE’ (v4.0), ANSSI-CC-PP-2015/03;(4)Point of Interaction ‘POI-COMPREHENSIVE and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/04;(5)Point of Interaction ‘POI-PED-ONLY’ (v4.0), ANSSI-CC-PP-2015/05;(6)Point of Interaction ‘POI-PED-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/06; (1) Point of Interaction ‘POI-CHIP-ONLY’ (v4.0), ANSSI-CC-PP-2015/01; (2) Point of Interaction ‘POI-CHIP-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/02; (3) Point of Interaction ‘POI-COMPREHENSIVE’ (v4.0), ANSSI-CC-PP-2015/03; (4) Point of Interaction ‘POI-COMPREHENSIVE and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/04; (5) Point of Interaction ‘POI-PED-ONLY’ (v4.0), ANSSI-CC-PP-2015/05; (6) Point of Interaction ‘POI-PED-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/06;
(1) Point of Interaction ‘POI-CHIP-ONLY’ (v4.0), ANSSI-CC-PP-2015/01;
(2) Point of Interaction ‘POI-CHIP-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/02;
(3) Point of Interaction ‘POI-COMPREHENSIVE’ (v4.0), ANSSI-CC-PP-2015/03;
(4) Point of Interaction ‘POI-COMPREHENSIVE and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/04;
(5) Point of Interaction ‘POI-PED-ONLY’ (v4.0), ANSSI-CC-PP-2015/05;
(6) Point of Interaction ‘POI-PED-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/06;
(1) Point of Interaction ‘POI-CHIP-ONLY’ (v4.0), ANSSI-CC-PP-2015/01;
(2) Point of Interaction ‘POI-CHIP-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/02;
(3) Point of Interaction ‘POI-COMPREHENSIVE’ (v4.0), ANSSI-CC-PP-2015/03;
(4) Point of Interaction ‘POI-COMPREHENSIVE and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/04;
(5) Point of Interaction ‘POI-PED-ONLY’ (v4.0), ANSSI-CC-PP-2015/05;
(6) Point of Interaction ‘POI-PED-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/06;
(b) Hardware Security Module:(1)Cryptographic Module for CSP Signing Operations with Backup – PP CMCSOB 14167-2 (v0.35), ANSSI-CC-PP-2015/08;(2)Cryptographic Module for CSP Key Generation Services – PP CMCKG 14167-3 (v0.20), ANSSI-CC-PP-2015/09;(3)Cryptographic Module for CSP Signing Operations without Backup – PP CMCSO 14167-4 (v0.32), ANSSI-CC-PP-2015/10; (1) Cryptographic Module for CSP Signing Operations with Backup – PP CMCSOB 14167-2 (v0.35), ANSSI-CC-PP-2015/08; (2) Cryptographic Module for CSP Key Generation Services – PP CMCKG 14167-3 (v0.20), ANSSI-CC-PP-2015/09; (3) Cryptographic Module for CSP Signing Operations without Backup – PP CMCSO 14167-4 (v0.32), ANSSI-CC-PP-2015/10;
(1) Cryptographic Module for CSP Signing Operations with Backup – PP CMCSOB 14167-2 (v0.35), ANSSI-CC-PP-2015/08;
(2) Cryptographic Module for CSP Key Generation Services – PP CMCKG 14167-3 (v0.20), ANSSI-CC-PP-2015/09;
(3) Cryptographic Module for CSP Signing Operations without Backup – PP CMCSO 14167-4 (v0.32), ANSSI-CC-PP-2015/10;
(1) Cryptographic Module for CSP Signing Operations with Backup – PP CMCSOB 14167-2 (v0.35), ANSSI-CC-PP-2015/08;
(2) Cryptographic Module for CSP Key Generation Services – PP CMCKG 14167-3 (v0.20), ANSSI-CC-PP-2015/09;
(3) Cryptographic Module for CSP Signing Operations without Backup – PP CMCSO 14167-4 (v0.32), ANSSI-CC-PP-2015/10;
(c) tachograph:(1)Digital Tachograph – Motion Sensor (MS PP) (v1.0), BSI-CC-PP-0093-2017;(2)Digital Tachograph – Vehicle Unit (VU PP) (v1.15), BSI-CC-PP-0094-V2-2021;(3)Digital Tachograph – External GNSS Facility (EGF PP) (v1.10), BSI-CC-PP-0092-V2-2021. (1) Digital Tachograph – Motion Sensor (MS PP) (v1.0), BSI-CC-PP-0093-2017; (2) Digital Tachograph – Vehicle Unit (VU PP) (v1.15), BSI-CC-PP-0094-V2-2021; (3) Digital Tachograph – External GNSS Facility (EGF PP) (v1.10), BSI-CC-PP-0092-V2-2021.
(1) Digital Tachograph – Motion Sensor (MS PP) (v1.0), BSI-CC-PP-0093-2017;
(2) Digital Tachograph – Vehicle Unit (VU PP) (v1.15), BSI-CC-PP-0094-V2-2021;
(3) Digital Tachograph – External GNSS Facility (EGF PP) (v1.10), BSI-CC-PP-0092-V2-2021.
(1) Digital Tachograph – Motion Sensor (MS PP) (v1.0), BSI-CC-PP-0093-2017;
(2) Digital Tachograph – Vehicle Unit (VU PP) (v1.15), BSI-CC-PP-0094-V2-2021;
(3) Digital Tachograph – External GNSS Facility (EGF PP) (v1.10), BSI-CC-PP-0092-V2-2021.
3. Others: Trusted Execution Environment Protection Profile – GPD_SPE_021 (v1.3), ANSSI-CC-PP-2014/01-M02.
1. in point IV.2, point 4 is replaced by the following:‘4.The certification body shall review the updated evaluation technical report and establish a re-assessment report. The status of the initial certificate shall then be modified in accordance with Article 13 or Article 19. If the re-assessment process is successful, Article 13 paragraph 2 points (a) or (c) applies in the case of the certification of a product and Article 19 paragraph 2 point (a) or (c) applies in the case of the certification of a protection profile. If the re-assessment process is not successful, Article 13 paragraph 2 point (b) or (d) applies in the case of the certification of a product and Article 19 paragraph 2 point (b) or (d) applies in the case of the certification of a protection profile.’; ‘4. The certification body shall review the updated evaluation technical report and establish a re-assessment report. The status of the initial certificate shall then be modified in accordance with Article 13 or Article 19. If the re-assessment process is successful, Article 13 paragraph 2 points (a) or (c) applies in the case of the certification of a product and Article 19 paragraph 2 point (a) or (c) applies in the case of the certification of a protection profile. If the re-assessment process is not successful, Article 13 paragraph 2 point (b) or (d) applies in the case of the certification of a product and Article 19 paragraph 2 point (b) or (d) applies in the case of the certification of a protection profile.’;
‘4. The certification body shall review the updated evaluation technical report and establish a re-assessment report. The status of the initial certificate shall then be modified in accordance with Article 13 or Article 19. If the re-assessment process is successful, Article 13 paragraph 2 points (a) or (c) applies in the case of the certification of a product and Article 19 paragraph 2 point (a) or (c) applies in the case of the certification of a protection profile. If the re-assessment process is not successful, Article 13 paragraph 2 point (b) or (d) applies in the case of the certification of a product and Article 19 paragraph 2 point (b) or (d) applies in the case of the certification of a protection profile.’;
‘4. The certification body shall review the updated evaluation technical report and establish a re-assessment report. The status of the initial certificate shall then be modified in accordance with Article 13 or Article 19. If the re-assessment process is successful, Article 13 paragraph 2 points (a) or (c) applies in the case of the certification of a product and Article 19 paragraph 2 point (a) or (c) applies in the case of the certification of a protection profile. If the re-assessment process is not successful, Article 13 paragraph 2 point (b) or (d) applies in the case of the certification of a product and Article 19 paragraph 2 point (b) or (d) applies in the case of the certification of a protection profile.’;
2. point IV.3 is amended as follows:(a)Title IV.3 is replaced by the following:‘IV.3Changes to a certified ICT product – Maintenance and re-evaluation’;(b)points 4 and 5 are replaced by the following:‘4.Following the examination, the certification body determines the scale of a change as minor or major in correspondence to its impact on the assurance expressed in the EUCC certificate.5.Where the changes have been confirmed by the certification body to be minor, no new certificate shall be issued for the modified ICT product in accordance with Article 13 paragraph 2 point (a) or Article 19 paragraph 2 point (a) and a maintenance report to the initial certification report shall be established.’;(c)the following point 5a is inserted:‘5.aIn case of any changes to the assurance measures in the development environment, including the addition of assurance requirements from the CC ALC_FLR family (Flaw remediation), the certification body may request the ITSEF to perform a subset evaluation of the affected assurance measures. The ITSEF shall issue a partial evaluation technical report, based on which the certification body confirms the changes to be either minor or major. Where the changes have been confirmed by the certification body to be minor, Annex IV.3 point 5 shall apply. Where the changes have been confirmed by to the certification body to be major, Annex IV.3 point 7 shall apply.’. (a) Title IV.3 is replaced by the following:‘IV.3Changes to a certified ICT product – Maintenance and re-evaluation’; (b) points 4 and 5 are replaced by the following:‘4.Following the examination, the certification body determines the scale of a change as minor or major in correspondence to its impact on the assurance expressed in the EUCC certificate.5.Where the changes have been confirmed by the certification body to be minor, no new certificate shall be issued for the modified ICT product in accordance with Article 13 paragraph 2 point (a) or Article 19 paragraph 2 point (a) and a maintenance report to the initial certification report shall be established.’; ‘4. Following the examination, the certification body determines the scale of a change as minor or major in correspondence to its impact on the assurance expressed in the EUCC certificate. 5. Where the changes have been confirmed by the certification body to be minor, no new certificate shall be issued for the modified ICT product in accordance with Article 13 paragraph 2 point (a) or Article 19 paragraph 2 point (a) and a maintenance report to the initial certification report shall be established.’; (c) the following point 5a is inserted:‘5.aIn case of any changes to the assurance measures in the development environment, including the addition of assurance requirements from the CC ALC_FLR family (Flaw remediation), the certification body may request the ITSEF to perform a subset evaluation of the affected assurance measures. The ITSEF shall issue a partial evaluation technical report, based on which the certification body confirms the changes to be either minor or major. Where the changes have been confirmed by the certification body to be minor, Annex IV.3 point 5 shall apply. Where the changes have been confirmed by to the certification body to be major, Annex IV.3 point 7 shall apply.’. ‘5.a In case of any changes to the assurance measures in the development environment, including the addition of assurance requirements from the CC ALC_FLR family (Flaw remediation), the certification body may request the ITSEF to perform a subset evaluation of the affected assurance measures. The ITSEF shall issue a partial evaluation technical report, based on which the certification body confirms the changes to be either minor or major. Where the changes have been confirmed by the certification body to be minor, Annex IV.3 point 5 shall apply. Where the changes have been confirmed by to the certification body to be major, Annex IV.3 point 7 shall apply.’.
(a) Title IV.3 is replaced by the following:‘IV.3Changes to a certified ICT product – Maintenance and re-evaluation’;
(b) points 4 and 5 are replaced by the following:‘4.Following the examination, the certification body determines the scale of a change as minor or major in correspondence to its impact on the assurance expressed in the EUCC certificate.5.Where the changes have been confirmed by the certification body to be minor, no new certificate shall be issued for the modified ICT product in accordance with Article 13 paragraph 2 point (a) or Article 19 paragraph 2 point (a) and a maintenance report to the initial certification report shall be established.’; ‘4. Following the examination, the certification body determines the scale of a change as minor or major in correspondence to its impact on the assurance expressed in the EUCC certificate. 5. Where the changes have been confirmed by the certification body to be minor, no new certificate shall be issued for the modified ICT product in accordance with Article 13 paragraph 2 point (a) or Article 19 paragraph 2 point (a) and a maintenance report to the initial certification report shall be established.’;
‘4. Following the examination, the certification body determines the scale of a change as minor or major in correspondence to its impact on the assurance expressed in the EUCC certificate.
5. Where the changes have been confirmed by the certification body to be minor, no new certificate shall be issued for the modified ICT product in accordance with Article 13 paragraph 2 point (a) or Article 19 paragraph 2 point (a) and a maintenance report to the initial certification report shall be established.’;
(c) the following point 5a is inserted:‘5.aIn case of any changes to the assurance measures in the development environment, including the addition of assurance requirements from the CC ALC_FLR family (Flaw remediation), the certification body may request the ITSEF to perform a subset evaluation of the affected assurance measures. The ITSEF shall issue a partial evaluation technical report, based on which the certification body confirms the changes to be either minor or major. Where the changes have been confirmed by the certification body to be minor, Annex IV.3 point 5 shall apply. Where the changes have been confirmed by to the certification body to be major, Annex IV.3 point 7 shall apply.’. ‘5.a In case of any changes to the assurance measures in the development environment, including the addition of assurance requirements from the CC ALC_FLR family (Flaw remediation), the certification body may request the ITSEF to perform a subset evaluation of the affected assurance measures. The ITSEF shall issue a partial evaluation technical report, based on which the certification body confirms the changes to be either minor or major. Where the changes have been confirmed by the certification body to be minor, Annex IV.3 point 5 shall apply. Where the changes have been confirmed by to the certification body to be major, Annex IV.3 point 7 shall apply.’.
‘5.a In case of any changes to the assurance measures in the development environment, including the addition of assurance requirements from the CC ALC_FLR family (Flaw remediation), the certification body may request the ITSEF to perform a subset evaluation of the affected assurance measures. The ITSEF shall issue a partial evaluation technical report, based on which the certification body confirms the changes to be either minor or major. Where the changes have been confirmed by the certification body to be minor, Annex IV.3 point 5 shall apply. Where the changes have been confirmed by to the certification body to be major, Annex IV.3 point 7 shall apply.’.
(a) Title IV.3 is replaced by the following:‘IV.3Changes to a certified ICT product – Maintenance and re-evaluation’;
(b) points 4 and 5 are replaced by the following:‘4.Following the examination, the certification body determines the scale of a change as minor or major in correspondence to its impact on the assurance expressed in the EUCC certificate.5.Where the changes have been confirmed by the certification body to be minor, no new certificate shall be issued for the modified ICT product in accordance with Article 13 paragraph 2 point (a) or Article 19 paragraph 2 point (a) and a maintenance report to the initial certification report shall be established.’; ‘4. Following the examination, the certification body determines the scale of a change as minor or major in correspondence to its impact on the assurance expressed in the EUCC certificate. 5. Where the changes have been confirmed by the certification body to be minor, no new certificate shall be issued for the modified ICT product in accordance with Article 13 paragraph 2 point (a) or Article 19 paragraph 2 point (a) and a maintenance report to the initial certification report shall be established.’;
‘4. Following the examination, the certification body determines the scale of a change as minor or major in correspondence to its impact on the assurance expressed in the EUCC certificate.
5. Where the changes have been confirmed by the certification body to be minor, no new certificate shall be issued for the modified ICT product in accordance with Article 13 paragraph 2 point (a) or Article 19 paragraph 2 point (a) and a maintenance report to the initial certification report shall be established.’;
‘4. Following the examination, the certification body determines the scale of a change as minor or major in correspondence to its impact on the assurance expressed in the EUCC certificate.
5. Where the changes have been confirmed by the certification body to be minor, no new certificate shall be issued for the modified ICT product in accordance with Article 13 paragraph 2 point (a) or Article 19 paragraph 2 point (a) and a maintenance report to the initial certification report shall be established.’;
(c) the following point 5a is inserted:‘5.aIn case of any changes to the assurance measures in the development environment, including the addition of assurance requirements from the CC ALC_FLR family (Flaw remediation), the certification body may request the ITSEF to perform a subset evaluation of the affected assurance measures. The ITSEF shall issue a partial evaluation technical report, based on which the certification body confirms the changes to be either minor or major. Where the changes have been confirmed by the certification body to be minor, Annex IV.3 point 5 shall apply. Where the changes have been confirmed by to the certification body to be major, Annex IV.3 point 7 shall apply.’. ‘5.a In case of any changes to the assurance measures in the development environment, including the addition of assurance requirements from the CC ALC_FLR family (Flaw remediation), the certification body may request the ITSEF to perform a subset evaluation of the affected assurance measures. The ITSEF shall issue a partial evaluation technical report, based on which the certification body confirms the changes to be either minor or major. Where the changes have been confirmed by the certification body to be minor, Annex IV.3 point 5 shall apply. Where the changes have been confirmed by to the certification body to be major, Annex IV.3 point 7 shall apply.’.
‘5.a In case of any changes to the assurance measures in the development environment, including the addition of assurance requirements from the CC ALC_FLR family (Flaw remediation), the certification body may request the ITSEF to perform a subset evaluation of the affected assurance measures. The ITSEF shall issue a partial evaluation technical report, based on which the certification body confirms the changes to be either minor or major. Where the changes have been confirmed by the certification body to be minor, Annex IV.3 point 5 shall apply. Where the changes have been confirmed by to the certification body to be major, Annex IV.3 point 7 shall apply.’.
‘5.a In case of any changes to the assurance measures in the development environment, including the addition of assurance requirements from the CC ALC_FLR family (Flaw remediation), the certification body may request the ITSEF to perform a subset evaluation of the affected assurance measures. The ITSEF shall issue a partial evaluation technical report, based on which the certification body confirms the changes to be either minor or major. Where the changes have been confirmed by the certification body to be minor, Annex IV.3 point 5 shall apply. Where the changes have been confirmed by to the certification body to be major, Annex IV.3 point 7 shall apply.’.
1. Based on the evaluation technical reports provided by the ITSEF, the certification body establishes a certification report to be published together with the corresponding EUCC certificate and security target.
2. The certification report is the source of detailed and practical information about the ICT product and about the ICT product’s secure deployment. It shall therefore include all publicly available and sharable information of relevance to users and interested parties. Publicly available and sharable information may be referenced by the certification report.
3. The certification report shall contain at least the following information:(a)executive summary;(b)identification of the ICT product;(c)contact information related to the evaluation of the ICT product;(d)security policies;(e)assumptions and clarification of scope;(f)architectural information;(g)supplementary cybersecurity information, if applicable;(h)ICT product evaluation summary and evaluated configuration;(i)results of the evaluation and information regarding the certificate;(j)comments and recommendations if applicable;(k)annexes, if applicable;(l)reference to the security target of the ICT product submitted to certification;(m)when available, the mark or label associated to the scheme;(n)glossary, if applicable;(o)bibliography. (a) executive summary; (b) identification of the ICT product; (c) contact information related to the evaluation of the ICT product; (d) security policies; (e) assumptions and clarification of scope; (f) architectural information; (g) supplementary cybersecurity information, if applicable; (h) ICT product evaluation summary and evaluated configuration; (i) results of the evaluation and information regarding the certificate; (j) comments and recommendations if applicable; (k) annexes, if applicable; (l) reference to the security target of the ICT product submitted to certification; (m) when available, the mark or label associated to the scheme; (n) glossary, if applicable; (o) bibliography.
(a) executive summary;
(b) identification of the ICT product;
(c) contact information related to the evaluation of the ICT product;
(d) security policies;
(e) assumptions and clarification of scope;
(f) architectural information;
(g) supplementary cybersecurity information, if applicable;
(h) ICT product evaluation summary and evaluated configuration;
(i) results of the evaluation and information regarding the certificate;
(j) comments and recommendations if applicable;
(k) annexes, if applicable;
(l) reference to the security target of the ICT product submitted to certification;
(m) when available, the mark or label associated to the scheme;
(n) glossary, if applicable;
(o) bibliography.
(a) executive summary;
(b) identification of the ICT product;
(c) contact information related to the evaluation of the ICT product;
(d) security policies;
(e) assumptions and clarification of scope;
(f) architectural information;
(g) supplementary cybersecurity information, if applicable;
(h) ICT product evaluation summary and evaluated configuration;
(i) results of the evaluation and information regarding the certificate;
(j) comments and recommendations if applicable;
(k) annexes, if applicable;
(l) reference to the security target of the ICT product submitted to certification;
(m) when available, the mark or label associated to the scheme;
(n) glossary, if applicable;
(o) bibliography.
4. The executive summary referred to in paragraph 3, point (a) shall be a brief summary of the entire certification report. It shall provide a clear and concise overview of the evaluation results and shall include the following information:(a)name of the evaluated ICT product;(b)name of the ITSEF which performed the evaluation;(c)completion date of evaluation;(d)date of issuance of the certificate;(e)where applicable, date of issuance of the initial certificate;(f)validity period;(g)unique identification of the certificate as described in Article 11;(h)brief description of the certification report results, including:(i)the version and if applicable release of the Common Criteria applied to the evaluation;(ii)the Common Criteria assurance package or list of security assurance components, the AVA_VAN level applied during the evaluation and the corresponding assurance level as set out in Article 52 of Regulation (EU) 2019/881 to which the EUCC certificate refers to;(iii)where applicable, the Protection Profile(s) to which the ICT product is claiming compliance to;(iv)reference to the security policy of the evaluated ICT product;(v)disclaimer(s), if applicable. (a) name of the evaluated ICT product; (b) name of the ITSEF which performed the evaluation; (c) completion date of evaluation; (d) date of issuance of the certificate; (e) where applicable, date of issuance of the initial certificate; (f) validity period; (g) unique identification of the certificate as described in Article 11; (h) brief description of the certification report results, including:(i)the version and if applicable release of the Common Criteria applied to the evaluation;(ii)the Common Criteria assurance package or list of security assurance components, the AVA_VAN level applied during the evaluation and the corresponding assurance level as set out in Article 52 of Regulation (EU) 2019/881 to which the EUCC certificate refers to;(iii)where applicable, the Protection Profile(s) to which the ICT product is claiming compliance to;(iv)reference to the security policy of the evaluated ICT product;(v)disclaimer(s), if applicable. (i) the version and if applicable release of the Common Criteria applied to the evaluation; (ii) the Common Criteria assurance package or list of security assurance components, the AVA_VAN level applied during the evaluation and the corresponding assurance level as set out in Article 52 of Regulation (EU) 2019/881 to which the EUCC certificate refers to; (iii) where applicable, the Protection Profile(s) to which the ICT product is claiming compliance to; (iv) reference to the security policy of the evaluated ICT product; (v) disclaimer(s), if applicable.
(a) name of the evaluated ICT product;
(b) name of the ITSEF which performed the evaluation;
(c) completion date of evaluation;
(d) date of issuance of the certificate;
(e) where applicable, date of issuance of the initial certificate;
(f) validity period;
(g) unique identification of the certificate as described in Article 11;
(h) brief description of the certification report results, including:(i)the version and if applicable release of the Common Criteria applied to the evaluation;(ii)the Common Criteria assurance package or list of security assurance components, the AVA_VAN level applied during the evaluation and the corresponding assurance level as set out in Article 52 of Regulation (EU) 2019/881 to which the EUCC certificate refers to;(iii)where applicable, the Protection Profile(s) to which the ICT product is claiming compliance to;(iv)reference to the security policy of the evaluated ICT product;(v)disclaimer(s), if applicable. (i) the version and if applicable release of the Common Criteria applied to the evaluation; (ii) the Common Criteria assurance package or list of security assurance components, the AVA_VAN level applied during the evaluation and the corresponding assurance level as set out in Article 52 of Regulation (EU) 2019/881 to which the EUCC certificate refers to; (iii) where applicable, the Protection Profile(s) to which the ICT product is claiming compliance to; (iv) reference to the security policy of the evaluated ICT product; (v) disclaimer(s), if applicable.
(i) the version and if applicable release of the Common Criteria applied to the evaluation;
(ii) the Common Criteria assurance package or list of security assurance components, the AVA_VAN level applied during the evaluation and the corresponding assurance level as set out in Article 52 of Regulation (EU) 2019/881 to which the EUCC certificate refers to;
(iii) where applicable, the Protection Profile(s) to which the ICT product is claiming compliance to;
(iv) reference to the security policy of the evaluated ICT product;
(v) disclaimer(s), if applicable.
(a) name of the evaluated ICT product;
(b) name of the ITSEF which performed the evaluation;
(c) completion date of evaluation;
(d) date of issuance of the certificate;
(e) where applicable, date of issuance of the initial certificate;
(f) validity period;
(g) unique identification of the certificate as described in Article 11;
(h) brief description of the certification report results, including:(i)the version and if applicable release of the Common Criteria applied to the evaluation;(ii)the Common Criteria assurance package or list of security assurance components, the AVA_VAN level applied during the evaluation and the corresponding assurance level as set out in Article 52 of Regulation (EU) 2019/881 to which the EUCC certificate refers to;(iii)where applicable, the Protection Profile(s) to which the ICT product is claiming compliance to;(iv)reference to the security policy of the evaluated ICT product;(v)disclaimer(s), if applicable. (i) the version and if applicable release of the Common Criteria applied to the evaluation; (ii) the Common Criteria assurance package or list of security assurance components, the AVA_VAN level applied during the evaluation and the corresponding assurance level as set out in Article 52 of Regulation (EU) 2019/881 to which the EUCC certificate refers to; (iii) where applicable, the Protection Profile(s) to which the ICT product is claiming compliance to; (iv) reference to the security policy of the evaluated ICT product; (v) disclaimer(s), if applicable.
(i) the version and if applicable release of the Common Criteria applied to the evaluation;
(ii) the Common Criteria assurance package or list of security assurance components, the AVA_VAN level applied during the evaluation and the corresponding assurance level as set out in Article 52 of Regulation (EU) 2019/881 to which the EUCC certificate refers to;
(iii) where applicable, the Protection Profile(s) to which the ICT product is claiming compliance to;
(iv) reference to the security policy of the evaluated ICT product;
(v) disclaimer(s), if applicable.
(i) the version and if applicable release of the Common Criteria applied to the evaluation;
(ii) the Common Criteria assurance package or list of security assurance components, the AVA_VAN level applied during the evaluation and the corresponding assurance level as set out in Article 52 of Regulation (EU) 2019/881 to which the EUCC certificate refers to;
(iii) where applicable, the Protection Profile(s) to which the ICT product is claiming compliance to;
(iv) reference to the security policy of the evaluated ICT product;
(v) disclaimer(s), if applicable.
5. The identification referred to in paragraph 3, point (b) shall clearly identify the evaluated ICT product, including the following information:(a)the unique identification of the evaluated ICT product;(b)enumeration of the ICT product’s components that are part of the evaluation with version number of each component;(c)reference to additional requirements to the operational environment of the certified ICT product. (a) the unique identification of the evaluated ICT product; (b) enumeration of the ICT product’s components that are part of the evaluation with version number of each component; (c) reference to additional requirements to the operational environment of the certified ICT product.
(a) the unique identification of the evaluated ICT product;
(b) enumeration of the ICT product’s components that are part of the evaluation with version number of each component;
(c) reference to additional requirements to the operational environment of the certified ICT product.
(a) the unique identification of the evaluated ICT product;
(b) enumeration of the ICT product’s components that are part of the evaluation with version number of each component;
(c) reference to additional requirements to the operational environment of the certified ICT product.
6. The contact information referred to in paragraph 3, point (c) shall include at least the following information:(a)name of the developer;(b)name and contact information of the holder of the EUCC certificate;(c)name of the certification body that issued the certificate;(d)responsible national cybersecurity certification authority;(e)name of the ITSEF which performed the evaluation, and, where applicable, the list of subcontractors. (a) name of the developer; (b) name and contact information of the holder of the EUCC certificate; (c) name of the certification body that issued the certificate; (d) responsible national cybersecurity certification authority; (e) name of the ITSEF which performed the evaluation, and, where applicable, the list of subcontractors.
(a) name of the developer;
(b) name and contact information of the holder of the EUCC certificate;
(c) name of the certification body that issued the certificate;
(d) responsible national cybersecurity certification authority;
(e) name of the ITSEF which performed the evaluation, and, where applicable, the list of subcontractors.
(a) name of the developer;
(b) name and contact information of the holder of the EUCC certificate;
(c) name of the certification body that issued the certificate;
(d) responsible national cybersecurity certification authority;
(e) name of the ITSEF which performed the evaluation, and, where applicable, the list of subcontractors.
7. The security policy referred to in paragraph 3, point (d), shall contain the description of the ICT product’s security policy as a collection of security services and the policies or rules that the evaluated ICT product shall enforce or comply with. It shall also include the following information:(a)a description of the vulnerability management and vulnerability disclosure procedures of the certificate holder, to be completed solely with information that can be made publicly available;(b)the assurance continuity policy of the holder of the certificate, including, where applicable, the description of the certificate holder’s lifecycle management or production processes in accordance with Section IV.1 of Annex IV;(c)where applicable, the presence of patch management procedure and the outcome of its assessment in accordance with Section IV.4 of Annex IV. (a) a description of the vulnerability management and vulnerability disclosure procedures of the certificate holder, to be completed solely with information that can be made publicly available; (b) the assurance continuity policy of the holder of the certificate, including, where applicable, the description of the certificate holder’s lifecycle management or production processes in accordance with Section IV.1 of Annex IV; (c) where applicable, the presence of patch management procedure and the outcome of its assessment in accordance with Section IV.4 of Annex IV.
(a) a description of the vulnerability management and vulnerability disclosure procedures of the certificate holder, to be completed solely with information that can be made publicly available;
(b) the assurance continuity policy of the holder of the certificate, including, where applicable, the description of the certificate holder’s lifecycle management or production processes in accordance with Section IV.1 of Annex IV;
(c) where applicable, the presence of patch management procedure and the outcome of its assessment in accordance with Section IV.4 of Annex IV.
(a) a description of the vulnerability management and vulnerability disclosure procedures of the certificate holder, to be completed solely with information that can be made publicly available;
(b) the assurance continuity policy of the holder of the certificate, including, where applicable, the description of the certificate holder’s lifecycle management or production processes in accordance with Section IV.1 of Annex IV;
(c) where applicable, the presence of patch management procedure and the outcome of its assessment in accordance with Section IV.4 of Annex IV.
8. The assumptions and clarification of scope referred to in paragraph 3, point (e), shall contain information regarding the circumstances and objectives related to the intended use of the product as referred to in Article 7(1), point (c) and shall include the following:(a)assumptions on the ICT product’s usage and deployment in the form of minimum requirements, such as proper installation and configuration and hardware requirements being satisfied;(b)assumptions on the environment for the compliant operation of the ICT product;(c)description of any threats to the ICT product that are not countered by the evaluated security functions of the product according to the intended use, if deemed relevant for a potential ICT product user.The information referred to in the first subparagraph shall be as clear and understandable as possible to enable potential users of the certified ICT product to make informed decisions about the risks associated with its use. (a) assumptions on the ICT product’s usage and deployment in the form of minimum requirements, such as proper installation and configuration and hardware requirements being satisfied; (b) assumptions on the environment for the compliant operation of the ICT product; (c) description of any threats to the ICT product that are not countered by the evaluated security functions of the product according to the intended use, if deemed relevant for a potential ICT product user.
(a) assumptions on the ICT product’s usage and deployment in the form of minimum requirements, such as proper installation and configuration and hardware requirements being satisfied;
(b) assumptions on the environment for the compliant operation of the ICT product;
(c) description of any threats to the ICT product that are not countered by the evaluated security functions of the product according to the intended use, if deemed relevant for a potential ICT product user.
(a) assumptions on the ICT product’s usage and deployment in the form of minimum requirements, such as proper installation and configuration and hardware requirements being satisfied;
(b) assumptions on the environment for the compliant operation of the ICT product;
(c) description of any threats to the ICT product that are not countered by the evaluated security functions of the product according to the intended use, if deemed relevant for a potential ICT product user.
9. The architectural information referred to in paragraph 3, point (f), shall include a high-level description of the ICT product and its main components, based on the deliverables defined in the Common Criteria assurance family: Development – TOE Design (ADV_TDS).
10. The supplementary cybersecurity information referred to in paragraph 3, point (g) shall include the link to the website of the holder of the EUCC certificate referred to in Article 55 of Regulation (EU) 2019/881.
11. The ICT product evaluation and configuration referred to in paragraph 3, point (h), shall describe both the developer and evaluator testing effort, outlining the testing approach, configuration and depth. It shall include at least the following information:(a)an identification of the used assurance components from the standards referred in Article 3;(b)the version of the state-of-the-art documents and further security evaluation criteria used in the evaluation;(c)the settings and configuration of the TOE used for the testing and vulnerability analysis;(d)any protection profile that has been used, including the following information: the protection profile name, version, date and certificate. (a) an identification of the used assurance components from the standards referred in Article 3; (b) the version of the state-of-the-art documents and further security evaluation criteria used in the evaluation; (c) the settings and configuration of the TOE used for the testing and vulnerability analysis; (d) any protection profile that has been used, including the following information: the protection profile name, version, date and certificate.
(a) an identification of the used assurance components from the standards referred in Article 3;
(b) the version of the state-of-the-art documents and further security evaluation criteria used in the evaluation;
(c) the settings and configuration of the TOE used for the testing and vulnerability analysis;
(d) any protection profile that has been used, including the following information: the protection profile name, version, date and certificate.
(a) an identification of the used assurance components from the standards referred in Article 3;
(b) the version of the state-of-the-art documents and further security evaluation criteria used in the evaluation;
(c) the settings and configuration of the TOE used for the testing and vulnerability analysis;
(d) any protection profile that has been used, including the following information: the protection profile name, version, date and certificate.
12. The results of the evaluation and information regarding the certificate referred to in paragraph 3, point (i) shall include information on the attained assurance level as referred to in Article 4 of this Regulation and Article 52 of Regulation (EU) 2019/881.
13. The comments and recommendations referred to in paragraph 3, point (j), are used to impart additional information about the evaluation results. Those comments and recommendations may take the form of shortcomings of the ICT product discovered during the evaluation or mentions of features which are particularly useful.
14. The Annexes referred to in paragraph 3, point (k), are used to outline any additional information that may be useful to the audience of the report but does not logically fit within the prescribed sections of the report, including in cases of a complete description of security policy.
15. The security target referred to in paragraph 3, point (l), shall reference the evaluated security target. The evaluated security target shall be provided with the certification report for the purposes of publication on the website referred to in Article 50(1) of Regulation (EU) 2019/881. Where sanitisation of the evaluated security target is necessary prior to publication, it shall be done in accordance with point V.2 of Annex V to this Regulation.
16. The marks or labels associated to the EUCC scheme referred to in paragraph 3, point (m), shall be inserted in the certification report in accordance with the rules and procedures laid down in Article 11.
17. The Glossary referred to in paragraph 3, point (n), is used to increase the readability of the report by providing definitions of acronyms or terms of which the meanings may not be readily apparent.
18. The bibliography referred to in paragraph 3, point (o), shall include references to all documents used in the compilation of the certification report. That information shall include at least the following:(a)the security evaluation criteria, state-of-the-art documents and further relevant specifications used;(b)the evaluation technical report;(c)the evaluation technical report for composite evaluation, where applicable;(d)technical reference documentation;(e)developer security guidance;(f)developer configuration list.In order to guarantee the reproducibility of the evaluation, all documentation referred to has to be uniquely identified with the proper release date and proper version number.’. (a) the security evaluation criteria, state-of-the-art documents and further relevant specifications used; (b) the evaluation technical report; (c) the evaluation technical report for composite evaluation, where applicable; (d) technical reference documentation; (e) developer security guidance; (f) developer configuration list.
(a) the security evaluation criteria, state-of-the-art documents and further relevant specifications used;
(b) the evaluation technical report;
(c) the evaluation technical report for composite evaluation, where applicable;
(d) technical reference documentation;
(e) developer security guidance;
(f) developer configuration list.
(a) the security evaluation criteria, state-of-the-art documents and further relevant specifications used;
(b) the evaluation technical report;
(c) the evaluation technical report for composite evaluation, where applicable;
(d) technical reference documentation;
(e) developer security guidance;
(f) developer configuration list.
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act)(1), and in particular Article 49(7) thereof,
(1) Commission Implementing Regulation (EU) 2024/482(2)specifies the roles, rules and obligations, as well as the structure of the European Common Criteria-based cybersecurity certification scheme (EUCC) in accordance with the European cybersecurity certification framework set out in Regulation (EU) 2019/881.
(2) The Common Evaluation Methodology accompanying the Common Criteria (CC), an international standard for information security evaluation, allows the evaluation of the security of ICT products for certification purposes. In that context, some ICT products may be built upon the same functional basis in order to offer similar security functionalities on different platforms or appliances, also referred to as a product series. However, the design, hardware, firmware or software may vary from one ICT product to another. It is for the certification body to decide on a case-by-case basis whether certification of a product series can be carried out. The conditions for product series certification could be further illustrated in supporting EUCC guidelines.
(3) In order to maintain the reliability of certified products, it is essential to define what constitutes a major and minor change to the target of evaluation or its environment, including its operational or development environments. Therefore, it is necessary to specify those notions considering existing and widely used technical specifications from the Senior Officials Group – Information Systems Security (SOG-IS) and the participants of the Arrangements on the Recognition of Common Criteria Certificates in the field of IT Security (CCRA).
(4) Minor changes are often characterised by their limited effect on the product assurance statement provided by the issued EUCC certificate. Thus, minor changes should be managed under maintenance procedures and do not require a re-evaluation of the security functionalities of the product. Examples of minor changes that should be addressed through maintenance include, but are not limited to, editorial changes, changes to the target of evaluation environment that do not modify the certified target of evaluation, and changes to the certified target of evaluation that do not affect the assurance evidences. Changes to the development environment may also be considered minor, provided they have no follow-on impact on existing assurance measures. They may however in some cases require partial evaluation of the relevant measures.
(5) A major change is any change to the certified target of evaluation or its environment that may adversely impact the assurance expressed in the EUCC certificate, hence it should require re-evaluation. Examples of major changes include, but are not limited to, changes to the set of claimed assurance requirements, except for the assurance requirements of the CC ALC_FLR family (Flaw remediation); changes to the confidentiality or integrity controls of the development environment where such modifications could affect the secure development or production of the target of evaluation or changes to the target of evaluation to resolve an exploitable vulnerability. Additionally, a collection of minor changes that collectively exerts a significant impact on the security may also be qualified as a major change. It is also important to recognise that while a bug fix may only affect a specific aspect of the target of evaluation, its unpredictability and potential impact on the assurance may render it a major change if it compromises the security assurances provided by the certification.
(6) Changes in the threat environment of an unchanged certified ICT product, could require a re-assessment. The possible outcomes of such re-assessment process should be clearly established, in particular its impact on the EUCC certificate. If a reassessment is successfully completed, the certification body should confirm the certificate or issue a new certificate with an extended expiry date. If a reassessment process is not successful, the certification body should withdraw the certificate and possibly issue a new certificate with a different scope. Such provisions should applymutatis mutandisto the reassessment of protection profiles.
(7) Annex I to Implementing Regulation (EU) 2024/482 lists applicable state-of-the-art documents for the evaluation of ICT products and protection profiles. Those state-of-the-art documents should be updated to reflect the latest developments, such as those related to technological developments, the cyber threat landscape, industry practices, or international standards. Such an update is opportune for the state-of-the-art documents relating to minimum site security requirements, application of attack potentials to smartcards, application of attack potentials to hardware devices with security boxes, application of common criteria to integrated circuits and composite product evaluation for smartcards and similar devices. Additionally, state-of-the-art documents relating to composite product evaluation and certification using the latest version of the Common Criteria standards, reuse of evaluation results of site audits and clarifications regarding the interpretation of protection profiles relating to qualified electronic signature creation devices, tachographs and hardware security modules are not included. In order to ensure a uniform evaluation of ICT products under the EUCC, Annex I should be amended to include those updated and new state-of-the-art documents following their endorsement by the European Cybersecurity Certification Group (ECCG).
(8) Additionally, the state-of-the-art document ‘ADV_SPM.1 interpretation for CC:2022 transition’ should be added to the scheme to ensure that certification processes relying on specific protection profiles can continue using formal modelling (ADV_SPM.1) until the corresponding protection profiles are updated, for instance with the addition of a CC:2022 conformant multi-assurance protection profile configuration that supports ADV_SPM.1. In order to provide sufficient time for the market to transition towards the updated Common Criteria standards, specific transition rules need to be foreseen for the protection profiles Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014, Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020, or Java Card System – Open Configuration (v3.1), BSI-CC-PP-0099-V2-2020. To avoid any market disruptions, it is appropriate to establish that the state-of-the-art document on ADV_SPM.1 interpretation for CC:2022 transition is applicable to certification processes that have been initiated before the adoption of this Regulation. The application of this document should be, however, strictly limited to what is necessary, considering the time needed to finalise the update of the corresponding protection profiles. More precisely, for certification processes using protection profiles Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014, or Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020, the state-of-the-art document should apply to those processes that have been initiated before 1 October 2026. For certification processes using protection profile Java Card System – Open Configuration (v3.1), BSI-CC-PP-0099-V2-2020, the state-of-the-art document should only apply to those processes initiated before the date of entry into force of this Regulation, in view that a new version of the Java Card System – Open Configuration protection profile is already available.
(9) A change in the state-of-the-art documents during a certification process could disrupt the evaluation of the product and delay the issuance of the certificate. Therefore, appropriate transition rules are necessary for new or updated state-of-the-art documents, to enable vendors, ITSEFs, certification bodies and other stakeholders to make necessary adjustments. Applicable updated and new state-of-the-art documents should concern applications for certification, including applications for reassessment and re-evaluation, while it should be possible for ongoing certification processes to keep using earlier versions of the state-of-the-art documents.
(10) Annex II and Annex III to Implementing Regulation (EU) 2024/482 list respectively the protection profiles certified at AVA_VAN level 4 or 5 and the recommended protection profiles. Several references are incomplete or obsolete, due to an update of the protection profiles. Those references should be completed and, in addition, new references should be included to ensure a more comprehensive coverage of secure integrated circuits, smartcards and related devices and trusted computing.
(11) It is necessary to make amendments to Article 19 of Implementing Regulation (EU) 2024/482 to clarify that Annex IV applies, with the necessary changes, to the review of EUCC certificates for protection profiles.
(12) In view that the security target is a key element to understand the scope of a certification process, it is also necessary for ENISA to publish the security target corresponding to each EUCC certificate on its website.
(13) Furthermore, certification bodies should provide ENISA with an English version of the security target and the certification report to enable the agency to make that information available in English on the corresponding website, pursuant to Article 42(2) of Implementing Regulation (EU) 2024/482. For that reason, applicants for certification should provide certification bodies with an English version of the security target, whenever requested.
(14) It is not necessary for the reference to the certification body name to appear in the unique identification of the certificate as the identification number of the certification body is sufficient to identify this body in a unique manner. The month of issuance does not need to appear either as the counting of the certificates is done on a yearly basis. Therefore, that requirement should be deleted for simplification purposes. Since the year of issuance of the certificate corresponds to the issuance of the first certificate, that same date should appear in the unique identification on certificates issued after a review, to ensure traceability.
(15) Implementing Regulation (EU) 2024/482 should therefore be amended accordingly.
(16) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 66 of Regulation (EU) 2019/881,
HAS ADOPTED THIS REGULATION:

Article 1
Implementing Regulation (EU) 2024/482 is amended as follows:
(1)
in Article 2, the following points (16), (17) and (18) are added:
‘(16)
“product series” means a set of ICT products by an applicant, built upon the same functional basis in order to address the same security needs, having a design, hardware, firmware or software which may vary from an ICT product to another;
(17)
“minor change” means any change in the certified target of evaluation or its environment that does not adversely impact the assurance expressed in the EUCC certificate;
(18)
“major change” means any change in the certified target of evaluation or its environment that may adversely impact the assurance expressed in the EUCC certificate.’;
(2)
in Article 5, the following paragraph 3 is added:
‘3. A certification body may allow the certification of a product series.’
(3)
in Article 9, paragraph 2, point (a) is replaced by the following:
‘(a)
to provide the certification body and the ITSEF with all the necessary complete and correct information, and to provide additional necessary information if requested, including an English version of the security target;’;
(4)
in Article 11, paragraph 3, point (b) is replaced by the following:
‘(b)
the unique identification of the certificate, consisting of:
(1)
the name of the scheme;
(2)
the identification number, in accordance with Article 3 of Implementing Regulation (EU) 2024/3143, of the certification body that has issued the certificate;
(3)
year of issuance of the initial certificate;
(4)
identification number assigned by the certification body that has issued the certificate.’;
(5)
in Article 19, paragraph 1 is replaced by the following:
‘1. Upon request of the holder of the certificate or for other justified reasons, the certification body may decide to review an EUCC certificate for a protection profile. The review shall be carried out in accordance with Annex IV. The certification body shall determine the extent of the review. Where necessary for the review, the certification body shall request the ITSEF to perform a re-evaluation of the certified protection profile.’
(6)
Article 42 is amended as follows:
(a)
in paragraph 1, the following point (i) is added:
‘(i)
the security target corresponding to each EUCC certificate;’;
(b)
paragraph 2 is replaced by the following:
‘2. The information referred to in paragraph 1 shall be made available at least in English. For that purpose, certification bodies shall provide ENISA with the original language versions of the certification reports and security targets, and in addition they shall also provide the English version of such documents without undue delay.’
(7)
in Article 48, paragraph 4 is replaced by the following:
‘4. Unless specified otherwise in Annex I or II, state-of-the-art documents shall apply to certification processes, including reassessment and re-evaluation, initiated from the date of application of the amending act by which the state-of-the-art documents have been incorporated in Annex I or II.’
(8)
Annex I is replaced by the text in Annex I to this Regulation;
(9)
Annex II is replaced by the text in Annex II to this Regulation;
(10)
Annex III is replaced by the text in Annex III to this Regulation;
(11)
Annex IV is amended in accordance with Annex IV to this Regulation;
(12)
Annex V is amended in accordance with Annex V to this Regulation;
(13)
Annex IX is replaced by the text in Annex VI to this Regulation.

Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in theOfficial Journal of the European Union.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act)(1), and in particular Article 49(7) thereof,
(1) Commission Implementing Regulation (EU) 2024/482(2)specifies the roles, rules and obligations, as well as the structure of the European Common Criteria-based cybersecurity certification scheme (EUCC) in accordance with the European cybersecurity certification framework set out in Regulation (EU) 2019/881.
(2) The Common Evaluation Methodology accompanying the Common Criteria (CC), an international standard for information security evaluation, allows the evaluation of the security of ICT products for certification purposes. In that context, some ICT products may be built upon the same functional basis in order to offer similar security functionalities on different platforms or appliances, also referred to as a product series. However, the design, hardware, firmware or software may vary from one ICT product to another. It is for the certification body to decide on a case-by-case basis whether certification of a product series can be carried out. The conditions for product series certification could be further illustrated in supporting EUCC guidelines.
(3) In order to maintain the reliability of certified products, it is essential to define what constitutes a major and minor change to the target of evaluation or its environment, including its operational or development environments. Therefore, it is necessary to specify those notions considering existing and widely used technical specifications from the Senior Officials Group – Information Systems Security (SOG-IS) and the participants of the Arrangements on the Recognition of Common Criteria Certificates in the field of IT Security (CCRA).
(4) Minor changes are often characterised by their limited effect on the product assurance statement provided by the issued EUCC certificate. Thus, minor changes should be managed under maintenance procedures and do not require a re-evaluation of the security functionalities of the product. Examples of minor changes that should be addressed through maintenance include, but are not limited to, editorial changes, changes to the target of evaluation environment that do not modify the certified target of evaluation, and changes to the certified target of evaluation that do not affect the assurance evidences. Changes to the development environment may also be considered minor, provided they have no follow-on impact on existing assurance measures. They may however in some cases require partial evaluation of the relevant measures.
(5) A major change is any change to the certified target of evaluation or its environment that may adversely impact the assurance expressed in the EUCC certificate, hence it should require re-evaluation. Examples of major changes include, but are not limited to, changes to the set of claimed assurance requirements, except for the assurance requirements of the CC ALC_FLR family (Flaw remediation); changes to the confidentiality or integrity controls of the development environment where such modifications could affect the secure development or production of the target of evaluation or changes to the target of evaluation to resolve an exploitable vulnerability. Additionally, a collection of minor changes that collectively exerts a significant impact on the security may also be qualified as a major change. It is also important to recognise that while a bug fix may only affect a specific aspect of the target of evaluation, its unpredictability and potential impact on the assurance may render it a major change if it compromises the security assurances provided by the certification.
(6) Changes in the threat environment of an unchanged certified ICT product, could require a re-assessment. The possible outcomes of such re-assessment process should be clearly established, in particular its impact on the EUCC certificate. If a reassessment is successfully completed, the certification body should confirm the certificate or issue a new certificate with an extended expiry date. If a reassessment process is not successful, the certification body should withdraw the certificate and possibly issue a new certificate with a different scope. Such provisions should applymutatis mutandisto the reassessment of protection profiles.
(7) Annex I to Implementing Regulation (EU) 2024/482 lists applicable state-of-the-art documents for the evaluation of ICT products and protection profiles. Those state-of-the-art documents should be updated to reflect the latest developments, such as those related to technological developments, the cyber threat landscape, industry practices, or international standards. Such an update is opportune for the state-of-the-art documents relating to minimum site security requirements, application of attack potentials to smartcards, application of attack potentials to hardware devices with security boxes, application of common criteria to integrated circuits and composite product evaluation for smartcards and similar devices. Additionally, state-of-the-art documents relating to composite product evaluation and certification using the latest version of the Common Criteria standards, reuse of evaluation results of site audits and clarifications regarding the interpretation of protection profiles relating to qualified electronic signature creation devices, tachographs and hardware security modules are not included. In order to ensure a uniform evaluation of ICT products under the EUCC, Annex I should be amended to include those updated and new state-of-the-art documents following their endorsement by the European Cybersecurity Certification Group (ECCG).
(8) Additionally, the state-of-the-art document ‘ADV_SPM.1 interpretation for CC:2022 transition’ should be added to the scheme to ensure that certification processes relying on specific protection profiles can continue using formal modelling (ADV_SPM.1) until the corresponding protection profiles are updated, for instance with the addition of a CC:2022 conformant multi-assurance protection profile configuration that supports ADV_SPM.1. In order to provide sufficient time for the market to transition towards the updated Common Criteria standards, specific transition rules need to be foreseen for the protection profiles Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014, Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020, or Java Card System – Open Configuration (v3.1), BSI-CC-PP-0099-V2-2020. To avoid any market disruptions, it is appropriate to establish that the state-of-the-art document on ADV_SPM.1 interpretation for CC:2022 transition is applicable to certification processes that have been initiated before the adoption of this Regulation. The application of this document should be, however, strictly limited to what is necessary, considering the time needed to finalise the update of the corresponding protection profiles. More precisely, for certification processes using protection profiles Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014, or Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020, the state-of-the-art document should apply to those processes that have been initiated before 1 October 2026. For certification processes using protection profile Java Card System – Open Configuration (v3.1), BSI-CC-PP-0099-V2-2020, the state-of-the-art document should only apply to those processes initiated before the date of entry into force of this Regulation, in view that a new version of the Java Card System – Open Configuration protection profile is already available.
(9) A change in the state-of-the-art documents during a certification process could disrupt the evaluation of the product and delay the issuance of the certificate. Therefore, appropriate transition rules are necessary for new or updated state-of-the-art documents, to enable vendors, ITSEFs, certification bodies and other stakeholders to make necessary adjustments. Applicable updated and new state-of-the-art documents should concern applications for certification, including applications for reassessment and re-evaluation, while it should be possible for ongoing certification processes to keep using earlier versions of the state-of-the-art documents.
(10) Annex II and Annex III to Implementing Regulation (EU) 2024/482 list respectively the protection profiles certified at AVA_VAN level 4 or 5 and the recommended protection profiles. Several references are incomplete or obsolete, due to an update of the protection profiles. Those references should be completed and, in addition, new references should be included to ensure a more comprehensive coverage of secure integrated circuits, smartcards and related devices and trusted computing.
(11) It is necessary to make amendments to Article 19 of Implementing Regulation (EU) 2024/482 to clarify that Annex IV applies, with the necessary changes, to the review of EUCC certificates for protection profiles.
(12) In view that the security target is a key element to understand the scope of a certification process, it is also necessary for ENISA to publish the security target corresponding to each EUCC certificate on its website.
(13) Furthermore, certification bodies should provide ENISA with an English version of the security target and the certification report to enable the agency to make that information available in English on the corresponding website, pursuant to Article 42(2) of Implementing Regulation (EU) 2024/482. For that reason, applicants for certification should provide certification bodies with an English version of the security target, whenever requested.
(14) It is not necessary for the reference to the certification body name to appear in the unique identification of the certificate as the identification number of the certification body is sufficient to identify this body in a unique manner. The month of issuance does not need to appear either as the counting of the certificates is done on a yearly basis. Therefore, that requirement should be deleted for simplification purposes. Since the year of issuance of the certificate corresponds to the issuance of the first certificate, that same date should appear in the unique identification on certificates issued after a review, to ensure traceability.
(15) Implementing Regulation (EU) 2024/482 should therefore be amended accordingly.
(16) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 66 of Regulation (EU) 2019/881,
HAS ADOPTED THIS REGULATION:
Implementing Regulation (EU) 2024/482 is amended as follows:
(1)
in Article 2, the following points (16), (17) and (18) are added:
‘(16)
“product series” means a set of ICT products by an applicant, built upon the same functional basis in order to address the same security needs, having a design, hardware, firmware or software which may vary from an ICT product to another;
(17)
“minor change” means any change in the certified target of evaluation or its environment that does not adversely impact the assurance expressed in the EUCC certificate;
(18)
“major change” means any change in the certified target of evaluation or its environment that may adversely impact the assurance expressed in the EUCC certificate.’;
(2)
in Article 5, the following paragraph 3 is added:
‘3. A certification body may allow the certification of a product series.’
(3)
in Article 9, paragraph 2, point (a) is replaced by the following:
‘(a)
to provide the certification body and the ITSEF with all the necessary complete and correct information, and to provide additional necessary information if requested, including an English version of the security target;’;
(4)
in Article 11, paragraph 3, point (b) is replaced by the following:
‘(b)
the unique identification of the certificate, consisting of:
(1)
the name of the scheme;
(2)
the identification number, in accordance with Article 3 of Implementing Regulation (EU) 2024/3143, of the certification body that has issued the certificate;
(3)
year of issuance of the initial certificate;
(4)
identification number assigned by the certification body that has issued the certificate.’;
(5)
in Article 19, paragraph 1 is replaced by the following:
‘1. Upon request of the holder of the certificate or for other justified reasons, the certification body may decide to review an EUCC certificate for a protection profile. The review shall be carried out in accordance with Annex IV. The certification body shall determine the extent of the review. Where necessary for the review, the certification body shall request the ITSEF to perform a re-evaluation of the certified protection profile.’
(6)
Article 42 is amended as follows:
(a)
in paragraph 1, the following point (i) is added:
‘(i)
the security target corresponding to each EUCC certificate;’;
(b)
paragraph 2 is replaced by the following:
‘2. The information referred to in paragraph 1 shall be made available at least in English. For that purpose, certification bodies shall provide ENISA with the original language versions of the certification reports and security targets, and in addition they shall also provide the English version of such documents without undue delay.’
(7)
in Article 48, paragraph 4 is replaced by the following:
‘4. Unless specified otherwise in Annex I or II, state-of-the-art documents shall apply to certification processes, including reassessment and re-evaluation, initiated from the date of application of the amending act by which the state-of-the-art documents have been incorporated in Annex I or II.’
(8)
Annex I is replaced by the text in Annex I to this Regulation;
(9)
Annex II is replaced by the text in Annex II to this Regulation;
(10)
Annex III is replaced by the text in Annex III to this Regulation;
(11)
Annex IV is amended in accordance with Annex IV to this Regulation;
(12)
Annex V is amended in accordance with Annex V to this Regulation;
(13)
Annex IX is replaced by the text in Annex VI to this Regulation.
This Regulation shall enter into force on the twentieth day following that of its publication in theOfficial Journal of the European Union.
ANNEX I
‘ANNEX I
State-of-the-art documents supporting technical domains and other state-of-the-art documents 1.
State-of-the-art documents supporting technical domains at AVA_VAN level 4 or 5:
(a) the following documents related to the harmonised evaluation of technical domain “smart cards and similar devices”:
(1) “Minimum ITSEF requirements for security evaluations of smart cards and similar devices”, version 1.1;
(2) “Minimum Site Security Requirements”, version 2;
(3) “Reusing evaluation results of site audits (STAR)”, version 1;
(4) “Application of Common Criteria to integrated circuits”, version 2;
(5) “Security Architecture requirements (ADV_ARC) for smart cards and similar devices”, version 1.1;
(6) “Certification of ‘open’ smart card products”, version 1.1;
(7) “Composite product evaluation for smart cards and similar devices for CC3.1”, version 2;
(8) “Composite product evaluation and certification for CC:2022”, version 1;
(9) “Application of Attack Potential to Smartcards and Similar Devices”, version 2;
(10) “Security Evaluation and Certification of Qualified Electronic Signature/Seal Creation Devices”, version 1;
(11) “ADV_SPM.1 interpretation for CC:2022 transition”, version 1.1, applicable for certification processes using protection profiles as follows:
(a) protection profiles Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014, or Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020, initiated before 1 October 2026;
(b) protection profile Java Card System – Open Configuration (v3.1), BSI-CC-PP-0099-V2-2020, initiated before 29 December 2025. (b) the following documents related to the harmonised evaluation of technical domain “hardware devices with security boxes”:
(1) “Minimum ITSEF requirements for security evaluations of hardware devices with security boxes”, version 1.1;
(2) “Minimum Site Security Requirements”, version 2;
(3) “Reusing evaluation results of site audits (STAR)”, version 1;
(4) “Application of Attack Potential to hardware devices with security boxes”, version 2;
(5) “Hardware assessment in EN 419221-5 (HSM PP)”, version 1;
(6) “JIL Tachograph MS PP Clarification”, version 1. 2.
State-of-the-art documents related to the harmonised accreditation of conformity assessment bodies:
(a) “Accreditation of ITSEFs for the EUCC”, version 1.1 for accreditations issued before 8 July 2025;
(b) “Accreditation of ITSEFs for the EUCC”, version 1.6c, for accreditations that are newly issued or reviewed after 8 July 2025;
(c) “Accreditation of CBs for the EUCC”, version 1.6b.
’
ANNEX II
‘ANNEX II
Protection profiles certified at AVA_VAN level 4 or 5 1.
For remote qualified signature and seal creation devices:
(a) EN 419241-2:2019 – Trustworthy Systems Supporting Server Signing – Part 2: Protection Profile for QSCD for Server Signing (v0.16), ANSSI-CC-PP-2018/02-M01;
(b) EN 419221-5:2018 – Protection profiles for Trust Service Provider Cryptographic modules – Part 5: Cryptographic Module for Trust Services (v0.15), ANSSI-CC-PP-2016/05-M01. 2.
Protection profiles that have been adopted as state-of-the-art documents:
[BLANK].
’
ANNEX III
‘ANNEX III
Recommended protection profiles
Protection profiles used in certification of ICT products including products in the technical domains: 1. Smartcards and similar devices:
(a) passport:
(1) PP Machine Readable Travel Document with ‘ICAO Application’ Basic Access Control (v1.10), BSI-CC-PP-0055-2009;
(2) PP Machine Readable Travel Document using Standard Inspection Procedure with PACE (PACE_PP) (v1), BSI-CC-PP-0068-V2-2011-MA-01;
(3) PP Machine Readable Travel Document with ‘ICAO Application’ Extended Access Control with PACE (v1.3), BSI-CC-PP-0056-V2-2012-MA-02;
(b) Secure Signature Creation Devices (SSCD):
(1) EN 419211-2:2013 – Protection profiles for secure signature creation device – Part 2: Device with key generation (v1.03), BSI-CC-PP-0059-2009-MA-02;
(2) EN 419211-3:2013 – Protection profiles for secure signature creation device – Part 3: Device with key import (v1.0.2), BSI-CC-PP-0075-2012-MA-01;
(3) EN 419211-4:2013 – Protection profiles for secure signature creation device – Part 4: Extension for device with key generation and trusted channel to certificate generation application (v1.0.1), BSI-CC-PP-0071-2012-MA-01;
(4) EN 419211-5:2013 – Protection profiles for secure signature creation device – Part 5: Extension for device with key generation and trusted channel to signature creation application (v1.0.1), BSI-CC-PP-0072-2012-MA-01;
(5) EN 419211-6:2014 – Protection profiles for secure signature creation device – Part 6: Extension for device with key import and trusted channel to signature creation application (v1.0.4), BSI-CC-PP-0076-2013-MA-01;
(c) tachograph: Digital Tachograph – Tachograph Card (TC PP) (v1.0), BSI-CC-PP-0091-2017;
(d) secure IC, Java Card platform and eUICC:
(1) Universal SIM Java Card Platform Protection Profile Basic and SCWS Configurations (v2.0.2), ANSSI-CC-PP-2010/04 (Basic), ANSSI-CC-PP-2010/05 (Basic and SCWS);
(2) Security IC Platform PP with Augmentation Packages (v1.0), BSI-CC-PP-0084-2014;
(3) Embedded UICC (eUICC) for Machine-to-Machine Devices (v1.1), BSI-CC-PP-0089-2015;
(4) Cryptographic Service Provider – CSP (v0.9.8), BSI-CC-PP-0104-2019;
(5) Cryptographic Service Provider – Time Stamp Service and Audit (PPC-CSP-TS-Au) Version 0.9.5, BSI-CC-PP-0107-2019;
(6) Configuration Cryptographic Service Provider – Time Stamp Service, Audit and Clustering (PPC-CSP-TS-Au-Cl) Version 0.9.4, BSI-CC-PP-0108-2019;
(7) Java Card System – Closed Configuration (v3.1), BSI-CC-PP-0101-V2-2020;
(8) Secure Element Protection Profile – GPC_SPE_174 (v1.0), CCN-CC-PP-5-2021;
(9) Secure Sub-System in System-on-Chip (3S in SoC) Protection Profile (v1.8), BSI-CC-PP-0117-V2-2023;
(10) Java Card System – Open Configuration (v3.2), BSI-CC-PP-0099-V3-2024;
(11) Embedded UICC for Consumer Devices Protection Profile (v2.1), BSI-CC-PP-0100-V2-2025;
(e) Trusted Platform Module: Protection Profile PC Client Specific Trusted Platform Module Specification Family 2.0; Level 0; Revision 1.59 (v1.3), ANSSI-CC-PP-2021/02. 2. Hardware Devices with Security Boxes:
(a) points of (payment) interaction and payment terminals (POI):
(1) Point of Interaction ‘POI-CHIP-ONLY’ (v4.0), ANSSI-CC-PP-2015/01;
(2) Point of Interaction ‘POI-CHIP-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/02;
(3) Point of Interaction ‘POI-COMPREHENSIVE’ (v4.0), ANSSI-CC-PP-2015/03;
(4) Point of Interaction ‘POI-COMPREHENSIVE and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/04;
(5) Point of Interaction ‘POI-PED-ONLY’ (v4.0), ANSSI-CC-PP-2015/05;
(6) Point of Interaction ‘POI-PED-ONLY and Open Protocol Package’ (v4.0), ANSSI-CC-PP-2015/06;
(b) Hardware Security Module:
(1) Cryptographic Module for CSP Signing Operations with Backup – PP CMCSOB 14167-2 (v0.35), ANSSI-CC-PP-2015/08;
(2) Cryptographic Module for CSP Key Generation Services – PP CMCKG 14167-3 (v0.20), ANSSI-CC-PP-2015/09;
(3) Cryptographic Module for CSP Signing Operations without Backup – PP CMCSO 14167-4 (v0.32), ANSSI-CC-PP-2015/10;
(c) tachograph:
(1) Digital Tachograph – Motion Sensor (MS PP) (v1.0), BSI-CC-PP-0093-2017;
(2) Digital Tachograph – Vehicle Unit (VU PP) (v1.15), BSI-CC-PP-0094-V2-2021;
(3) Digital Tachograph – External GNSS Facility (EGF PP) (v1.10), BSI-CC-PP-0092-V2-2021. 3. Others: Trusted Execution Environment Protection Profile – GPD_SPE_021 (v1.3), ANSSI-CC-PP-2014/01-M02. ’
ANNEX IVAnnex IV to Implementing Regulation (EU) 2024/482 is amended as follows:

1. | in point IV.2, point 4 is replaced by the following:‘4.The certification body shall review the updated evaluation technical report and establish a re-assessment report. The status of the initial certificate shall then be modified in accordance with Article 13 or Article 19. If the re-assessment process is successful, Article 13 paragraph 2 points (a) or (c) applies in the case of the certification of a product and Article 19 paragraph 2 point (a) or (c) applies in the case of the certification of a protection profile. If the re-assessment process is not successful, Article 13 paragraph 2 point (b) or (d) applies in the case of the certification of a product and Article 19 paragraph 2 point (b) or (d) applies in the case of the certification of a protection profile.’; | ‘4. | The certification body shall review the updated evaluation technical report and establish a re-assessment report. The status of the initial certificate shall then be modified in accordance with Article 13 or Article 19. If the re-assessment process is successful, Article 13 paragraph 2 points (a) or (c) applies in the case of the certification of a product and Article 19 paragraph 2 point (a) or (c) applies in the case of the certification of a protection profile. If the re-assessment process is not successful, Article 13 paragraph 2 point (b) or (d) applies in the case of the certification of a product and Article 19 paragraph 2 point (b) or (d) applies in the case of the certification of a protection profile.’;
‘4. | The certification body shall review the updated evaluation technical report and establish a re-assessment report. The status of the initial certificate shall then be modified in accordance with Article 13 or Article 19. If the re-assessment process is successful, Article 13 paragraph 2 points (a) or (c) applies in the case of the certification of a product and Article 19 paragraph 2 point (a) or (c) applies in the case of the certification of a protection profile. If the re-assessment process is not successful, Article 13 paragraph 2 point (b) or (d) applies in the case of the certification of a product and Article 19 paragraph 2 point (b) or (d) applies in the case of the certification of a protection profile.’;
2. | point IV.3 is amended as follows:(a)Title IV.3 is replaced by the following:‘IV.3Changes to a certified ICT product – Maintenance and re-evaluation’;(b)points 4 and 5 are replaced by the following:‘4.Following the examination, the certification body determines the scale of a change as minor or major in correspondence to its impact on the assurance expressed in the EUCC certificate.5.Where the changes have been confirmed by the certification body to be minor, no new certificate shall be issued for the modified ICT product in accordance with Article 13 paragraph 2 point (a) or Article 19 paragraph 2 point (a) and a maintenance report to the initial certification report shall be established.’;(c)the following point 5a is inserted:‘5.aIn case of any changes to the assurance measures in the development environment, including the addition of assurance requirements from the CC ALC_FLR family (Flaw remediation), the certification body may request the ITSEF to perform a subset evaluation of the affected assurance measures. The ITSEF shall issue a partial evaluation technical report, based on which the certification body confirms the changes to be either minor or major. Where the changes have been confirmed by the certification body to be minor, Annex IV.3 point 5 shall apply. Where the changes have been confirmed by to the certification body to be major, Annex IV.3 point 7 shall apply.’. | (a) | Title IV.3 is replaced by the following:‘IV.3Changes to a certified ICT product – Maintenance and re-evaluation’; | (b) | points 4 and 5 are replaced by the following:‘4.Following the examination, the certification body determines the scale of a change as minor or major in correspondence to its impact on the assurance expressed in the EUCC certificate.5.Where the changes have been confirmed by the certification body to be minor, no new certificate shall be issued for the modified ICT product in accordance with Article 13 paragraph 2 point (a) or Article 19 paragraph 2 point (a) and a maintenance report to the initial certification report shall be established.’; | ‘4. | Following the examination, the certification body determines the scale of a change as minor or major in correspondence to its impact on the assurance expressed in the EUCC certificate. | 5. | Where the changes have been confirmed by the certification body to be minor, no new certificate shall be issued for the modified ICT product in accordance with Article 13 paragraph 2 point (a) or Article 19 paragraph 2 point (a) and a maintenance report to the initial certification report shall be established.’; | (c) | the following point 5a is inserted:‘5.aIn case of any changes to the assurance measures in the development environment, including the addition of assurance requirements from the CC ALC_FLR family (Flaw remediation), the certification body may request the ITSEF to perform a subset evaluation of the affected assurance measures. The ITSEF shall issue a partial evaluation technical report, based on which the certification body confirms the changes to be either minor or major. Where the changes have been confirmed by the certification body to be minor, Annex IV.3 point 5 shall apply. Where the changes have been confirmed by to the certification body to be major, Annex IV.3 point 7 shall apply.’. | ‘5.a | In case of any changes to the assurance measures in the development environment, including the addition of assurance requirements from the CC ALC_FLR family (Flaw remediation), the certification body may request the ITSEF to perform a subset evaluation of the affected assurance measures. The ITSEF shall issue a partial evaluation technical report, based on which the certification body confirms the changes to be either minor or major. Where the changes have been confirmed by the certification body to be minor, Annex IV.3 point 5 shall apply. Where the changes have been confirmed by to the certification body to be major, Annex IV.3 point 7 shall apply.’.
(a) | Title IV.3 is replaced by the following:‘IV.3Changes to a certified ICT product – Maintenance and re-evaluation’;
(b) | points 4 and 5 are replaced by the following:‘4.Following the examination, the certification body determines the scale of a change as minor or major in correspondence to its impact on the assurance expressed in the EUCC certificate.5.Where the changes have been confirmed by the certification body to be minor, no new certificate shall be issued for the modified ICT product in accordance with Article 13 paragraph 2 point (a) or Article 19 paragraph 2 point (a) and a maintenance report to the initial certification report shall be established.’; | ‘4. | Following the examination, the certification body determines the scale of a change as minor or major in correspondence to its impact on the assurance expressed in the EUCC certificate. | 5. | Where the changes have been confirmed by the certification body to be minor, no new certificate shall be issued for the modified ICT product in accordance with Article 13 paragraph 2 point (a) or Article 19 paragraph 2 point (a) and a maintenance report to the initial certification report shall be established.’;
‘4. | Following the examination, the certification body determines the scale of a change as minor or major in correspondence to its impact on the assurance expressed in the EUCC certificate.
5. | Where the changes have been confirmed by the certification body to be minor, no new certificate shall be issued for the modified ICT product in accordance with Article 13 paragraph 2 point (a) or Article 19 paragraph 2 point (a) and a maintenance report to the initial certification report shall be established.’;
(c) | the following point 5a is inserted:‘5.aIn case of any changes to the assurance measures in the development environment, including the addition of assurance requirements from the CC ALC_FLR family (Flaw remediation), the certification body may request the ITSEF to perform a subset evaluation of the affected assurance measures. The ITSEF shall issue a partial evaluation technical report, based on which the certification body confirms the changes to be either minor or major. Where the changes have been confirmed by the certification body to be minor, Annex IV.3 point 5 shall apply. Where the changes have been confirmed by to the certification body to be major, Annex IV.3 point 7 shall apply.’. | ‘5.a | In case of any changes to the assurance measures in the development environment, including the addition of assurance requirements from the CC ALC_FLR family (Flaw remediation), the certification body may request the ITSEF to perform a subset evaluation of the affected assurance measures. The ITSEF shall issue a partial evaluation technical report, based on which the certification body confirms the changes to be either minor or major. Where the changes have been confirmed by the certification body to be minor, Annex IV.3 point 5 shall apply. Where the changes have been confirmed by to the certification body to be major, Annex IV.3 point 7 shall apply.’.
‘5.a | In case of any changes to the assurance measures in the development environment, including the addition of assurance requirements from the CC ALC_FLR family (Flaw remediation), the certification body may request the ITSEF to perform a subset evaluation of the affected assurance measures. The ITSEF shall issue a partial evaluation technical report, based on which the certification body confirms the changes to be either minor or major. Where the changes have been confirmed by the certification body to be minor, Annex IV.3 point 5 shall apply. Where the changes have been confirmed by to the certification body to be major, Annex IV.3 point 7 shall apply.’.

ANNEX VPoint V.1 of Annex V to Implementing Regulation (EU) 2024/482 is replaced by the following:

‘V.1 Certification report 1. Based on the evaluation technical reports provided by the ITSEF, the certification body establishes a certification report to be published together with the corresponding EUCC certificate and security target. 2. The certification report is the source of detailed and practical information about the ICT product and about the ICT product’s secure deployment. It shall therefore include all publicly available and sharable information of relevance to users and interested parties. Publicly available and sharable information may be referenced by the certification report. 3. The certification report shall contain at least the following information:
(a) executive summary;
(b) identification of the ICT product;
(c) contact information related to the evaluation of the ICT product;
(d) security policies;
(e) assumptions and clarification of scope;
(f) architectural information;
(g) supplementary cybersecurity information, if applicable;
(h) ICT product evaluation summary and evaluated configuration;
(i) results of the evaluation and information regarding the certificate;
(j) comments and recommendations if applicable;
(k) annexes, if applicable;
(l) reference to the security target of the ICT product submitted to certification;
(m) when available, the mark or label associated to the scheme;
(n) glossary, if applicable;
(o) bibliography. 4. The executive summary referred to in paragraph 3, point (a) shall be a brief summary of the entire certification report. It shall provide a clear and concise overview of the evaluation results and shall include the following information:
(a) name of the evaluated ICT product;
(b) name of the ITSEF which performed the evaluation;
(c) completion date of evaluation;
(d) date of issuance of the certificate;
(e) where applicable, date of issuance of the initial certificate;
(f) validity period;
(g) unique identification of the certificate as described in Article 11;
(h) brief description of the certification report results, including:
(i) the version and if applicable release of the Common Criteria applied to the evaluation;
(ii) the Common Criteria assurance package or list of security assurance components, the AVA_VAN level applied during the evaluation and the corresponding assurance level as set out in Article 52 of Regulation (EU) 2019/881 to which the EUCC certificate refers to;
(iii) where applicable, the Protection Profile(s) to which the ICT product is claiming compliance to;
(iv) reference to the security policy of the evaluated ICT product;
(v) disclaimer(s), if applicable. 5. The identification referred to in paragraph 3, point (b) shall clearly identify the evaluated ICT product, including the following information:
(a) the unique identification of the evaluated ICT product;
(b) enumeration of the ICT product’s components that are part of the evaluation with version number of each component;
(c) reference to additional requirements to the operational environment of the certified ICT product. 6. The contact information referred to in paragraph 3, point (c) shall include at least the following information:
(a) name of the developer;
(b) name and contact information of the holder of the EUCC certificate;
(c) name of the certification body that issued the certificate;
(d) responsible national cybersecurity certification authority;
(e) name of the ITSEF which performed the evaluation, and, where applicable, the list of subcontractors. 7. The security policy referred to in paragraph 3, point (d), shall contain the description of the ICT product’s security policy as a collection of security services and the policies or rules that the evaluated ICT product shall enforce or comply with. It shall also include the following information:
(a) a description of the vulnerability management and vulnerability disclosure procedures of the certificate holder, to be completed solely with information that can be made publicly available;
(b) the assurance continuity policy of the holder of the certificate, including, where applicable, the description of the certificate holder’s lifecycle management or production processes in accordance with Section IV.1 of Annex IV;
(c) where applicable, the presence of patch management procedure and the outcome of its assessment in accordance with Section IV.4 of Annex IV. 8. The assumptions and clarification of scope referred to in paragraph 3, point (e), shall contain information regarding the circumstances and objectives related to the intended use of the product as referred to in Article 7(1), point (c) and shall include the following:
(a) assumptions on the ICT product’s usage and deployment in the form of minimum requirements, such as proper installation and configuration and hardware requirements being satisfied;
(b) assumptions on the environment for the compliant operation of the ICT product;
(c) description of any threats to the ICT product that are not countered by the evaluated security functions of the product according to the intended use, if deemed relevant for a potential ICT product user.
The information referred to in the first subparagraph shall be as clear and understandable as possible to enable potential users of the certified ICT product to make informed decisions about the risks associated with its use. 9. The architectural information referred to in paragraph 3, point (f), shall include a high-level description of the ICT product and its main components, based on the deliverables defined in the Common Criteria assurance family: Development – TOE Design (ADV_TDS). 10. The supplementary cybersecurity information referred to in paragraph 3, point (g) shall include the link to the website of the holder of the EUCC certificate referred to in Article 55 of Regulation (EU) 2019/881. 11. The ICT product evaluation and configuration referred to in paragraph 3, point (h), shall describe both the developer and evaluator testing effort, outlining the testing approach, configuration and depth. It shall include at least the following information:
(a) an identification of the used assurance components from the standards referred in Article 3;
(b) the version of the state-of-the-art documents and further security evaluation criteria used in the evaluation;
(c) the settings and configuration of the TOE used for the testing and vulnerability analysis;
(d) any protection profile that has been used, including the following information: the protection profile name, version, date and certificate. 12. The results of the evaluation and information regarding the certificate referred to in paragraph 3, point (i) shall include information on the attained assurance level as referred to in Article 4 of this Regulation and Article 52 of Regulation (EU) 2019/881. 13. The comments and recommendations referred to in paragraph 3, point (j), are used to impart additional information about the evaluation results. Those comments and recommendations may take the form of shortcomings of the ICT product discovered during the evaluation or mentions of features which are particularly useful. 14. The Annexes referred to in paragraph 3, point (k), are used to outline any additional information that may be useful to the audience of the report but does not logically fit within the prescribed sections of the report, including in cases of a complete description of security policy. 15. The security target referred to in paragraph 3, point (l), shall reference the evaluated security target. The evaluated security target shall be provided with the certification report for the purposes of publication on the website referred to in Article 50(1) of Regulation (EU) 2019/881. Where sanitisation of the evaluated security target is necessary prior to publication, it shall be done in accordance with point V.2 of Annex V to this Regulation. 16. The marks or labels associated to the EUCC scheme referred to in paragraph 3, point (m), shall be inserted in the certification report in accordance with the rules and procedures laid down in Article 11. 17. The Glossary referred to in paragraph 3, point (n), is used to increase the readability of the report by providing definitions of acronyms or terms of which the meanings may not be readily apparent. 18. The bibliography referred to in paragraph 3, point (o), shall include references to all documents used in the compilation of the certification report. That information shall include at least the following:
(a) the security evaluation criteria, state-of-the-art documents and further relevant specifications used;
(b) the evaluation technical report;
(c) the evaluation technical report for composite evaluation, where applicable;
(d) technical reference documentation;
(e) developer security guidance;
(f) developer configuration list.
In order to guarantee the reproducibility of the evaluation, all documentation referred to has to be uniquely identified with the proper release date and proper version number.’.

ANNEX VI
‘ANNEX IX
Mark and label 1.
The form of mark and label: 2.
If the mark and label are reduced or enlarged, the proportions given in point 1 shall be respected. 3.
Where physically present, the mark and label shall be at least 5 mm high.
’.

Pending: 32024R2407

Official Journalof the European Union ENL series
2024/2407 16.9.2024
(1) Fishing quotas for the year 2023 have been established by Council Regulations (EU) 2022/2090(2), (EU) 2023/194(3)and (EU) 2023/195(4).
(2) Fishing quotas for the year 2024 have been established by Council Regulations (EU) 2023/194, (EU) No 2023/2638(5), (EU) 2024/257(6)and (EU) 2024/259(7).
(3) Pursuant to Article 105(1) of Regulation (EC) No 1224/2009, when the Commission has established that a Member State has exceeded the fishing quotas which have been allocated to it, the Commission is to operate deductions from future fishing quotas of that Member State.
(4) Article 105(2) and (3) of Regulation (EC) No 1224/2009 provides that such deductions are to be operated in the following year or years by applying the respective multiplying factors as set out therein.
(5) Certain Member States have exceeded their fishing quotas for the year 2023. Deductions should therefore be operated on the fishing quotas allocated to them in 2024 and, where relevant, in subsequent years, for the overfished stocks.
(6) Commission Implementing Regulations (EU) 2023/1661(8)and (EU) 2023/2480(9)have set out deductions from fishing quotas for certain Member States and species for 2023. However, for certain Member States, the deductions to be applied for some species were higher than the respective quotas available in 2023 and could therefore not be operated entirely in that year. Pursuant to point 2 of Communication from the Commission on guidelines for the deduction of quotas under Article 105(1), (2) and (5) of Regulation (EC) No 1224/2009(10)(‘the Guidelines’) and to ensure that in such cases the full amount for the respective stocks is deducted, the remaining quantities should be taken into account when establishing deductions for 2024 and, where appropriate, from subsequent quotas.
(7) Point 1 of the Guidelines states that, where applicable, the timeline for deductions in case of overfishing of a quota for stocks managed by regional fisheries management organisations is to be adapted to the timeline for deductions set in the regional fisheries management organisations concerned for these stocks. Recommendation 21-01 by the International Commission for the Conservation of Atlantic Tuna (ICCAT) on a multiannual conservation and management programme for tropical tunas(11)as well as Recommendation 22-03 by ICCAT for the conservation of North Atlantic swordfish(12)provide that any excess of the annual adjusted quota in the year 2022 is to be deducted from the respective quota/catch limit for 2024. On this basis, deductions – including those resulting from applicable multiplying factors – on account of overfishing established in 2022 for the stock of bigeye tuna in the Atlantic Ocean (BET/ATLANT) and the stock of swordfish in the Atlantic Ocean, north of 5° N (SWO/AN05N), both managed by ICCAT, should be applied in 2024. Consequently, the deductions established by Implementing Regulation (EU) 2023/1661 on account of overfishing in 2022, by Portugal, of its quotas for BET/ATLANT and SWO/AN05N should be operated on its respective quotas for 2024. The provision set by Recommendation 22-03 is also applicable to overage of annual catch limits for SWO/AN05N in 2023 which is to be deducted from the annual catch limits for 2025.
(8) Similarly, Recommendation 19-05 by ICCAT establishing a rebuilding programme for blue marlin(13)provides that any excess of the annual landings limits fixed for the year 2023 are to be deducted from the landings limits during 2025. Therefore, deductions on account of overfishing in 2023 for the stock of blue marlin in the Atlantic Ocean (BUM/ATLANT) should be applied only in 2025.
(9) Based on the data transmitted by France, it appears that the 2023 shared quota amounting to 129,840 tonnes and allocated to ‘Other Member States’ – among which France – exclusively for the by-catches of swordfish in the Atlantic Ocean, north of 5° N (SWO/AN05N_AMS) as established by Regulation (EU) 2023/194 has been exceeded. Considering that France reported catches amounting to 161,053 tonnes under this ‘Other Member States’ quota, a deduction on account of this overfishing should be operated on the French quota. This deduction should be applied only in 2025 in accordance with ICCAT Recommendation 22-03.
(10) Further updates or corrections may still occur following the detection, for the current or previous deduction exercise, of errors, omissions or misreporting in the catch figures declared by the Member States pursuant to Article 33 of Regulation (EC) No 1224/2009.
(11) Since quotas are expressed in tonnes, overfishing involving quantities of less than 1 tonne should not be considered,
Mem-ber State Species code Area code Species name Area name Initial quota 2023 (in tonnes) Permitted landings 2023 (Total adapted quantity in tonnes)(1) Total catches 2023 (quantity in tonnes) Quota con-sumption related to permitted landings Overfishing related to permitted landing (quantity in tonnes) Multi-plying factor(2) Addit-ional Multi-plying factor(3),(4) Out-standing deductions from previous year(s)(5)(quantity in tonnes) Deductions to apply in 2024 (quantity in tonnes)
DE OTH 1N2AB. Other species Norwegian waters of 1 and 2 89,000 89,000 90,320 101,48  % 1,320 / / 19,997 21,317
DK HAD *03A-C Haddock Union waters of 3a (special condition to HAD/2AC4.) 249,500 271,800 325,598 119,79  % 53,798 1,00 C / 80,697
DK HAD 03A. Haddock 3a 2 892,000 2 682,402 2 732,065 101,85  % 49,663 / C(6) / 49,663
DK POK 1N2AB. Saithe Norwegian waters of 1 and 2 / / 4,288 N/A 4,288 1,00 / / 4,288
DK WHB 1X14 Blue whiting United Kingdom, Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 61 646,000 77 238,647 82 097,607 106,29  % 4 858,960 / / / 4 858,960
ES ALB MED Mediterranean albacore Mediterranean Sea 103,030 133,030 135,312 101,72  % 2,282 / / / 2,282
ES BUM ATLANT Blue marlin Atlantic Ocean 22,770 49,770 55,108 110,72  % 5,338(7) 1,00 / / N/A(7)
ES COD 1N2AB. Cod Norwegian waters of 1 and 2 2 321,000 2 562,590 2 562,586 100,00  % – 0,004(8) / / 60,063 60,063
ES GHL N3LMNO Greenland halibut NAFO 3LMNO 4 162,000 4 607,124 4 666,576 101,29  % 59,452 / / / 59,452
ES HAD 1N2AB. Haddock Norwegian waters of 1 and 2 / 2,636 86,058 3 264,72  % 83,422 1,00 A / 125,133
ES OTH 1N2AB. Other species Norwegian waters of 1 and 2 / / 78,129 N/A 78,129 1,00 A / 117,194
ES POK 1N2AB. Saithe Norwegian waters of 1 and 2 / / 14,306 N/A 14,306 1,00 / / 14,306
ES RJU 8-C. Undulate ray Union waters of 8 10,000 10,000 12,138 121,38  % 2,138 1,00 / / 2,138
ES RJU 9-C. Undulate ray Union waters of 9 15,000 20,000 24,008 120,04  % 4,008 1,00 / 1,348 5,356
ES SOL 7HJK. Common sole 7h, 7j and 7k / 2,500 15,458 618,32  % 12,958 1,00 C / 19,437
ES SOL 8AB. Common sole 8a and 8b 6,000 7,000 19,988 285,54  % 12,988 1,00 C / 19,482
FR GHL 1N2AB. Greenland halibut Norwegian waters of 1 and 2 / 16,600 20,889 125,84  % 4,289 1,00 / / 4,289
FR HAD 1N2AB. Haddock Norwegian waters of 1 and 2 150,000 171,060 179,080 104,69  % 8,020 / / / 8,020
FR OTH 1N2AB. Other species Norwegian waters of 1 and 2 36,000 36,000 44,547 123,74  % 8,547 1,00 / / 8,547
FR RJE 7FG. Small-eyed ray 7f and 7g 24,000 10,701 23,296 217,70  % 12,595 1,00 / / 12,595
FR SWO AN05N_AMS Swordfish Atlantic Ocean, north of 5° N 129,840(9) 129,840(9) 161,053 124,03  % 31,213(7) 1,00 / / N/A(7)
IT ARA GF19-21 Blue and red shrimp GSAs 19-20-21 (Ionian Sea) 250,000 250,000 259,823 103,93  % 9,823 / / / 9,823
NL POK 1N2AB. Saithe Norwegian waters of 1 and 2 / 21,593 34,653 160,48  % 13,060 1,00 / / 13,060
PL MAC 2A34-N Mackerel Union waters of 3a, 3b, 3c and 3d; United Kingdom waters of 2a; Union and United Kingdom waters of 4; Norwegian waters of 2a and 4a / / 254,490 N/A 254,490 2,00 A / 636,275
PT BET ATLANT Bigeye tuna Atlantic Ocean N/A N/A N/A N/A N/A N/A N/A 184,048 184,048
PT GHL 1N2AB. Greenland halibut Norwegian waters of 1 and 2 / / 64,738 N/A 64,738 1,00 / / 64,738
PT JAX 08C. Horse mackerel 8c 188,000 100,000 101,605 101,60  % 1,605 / / / 1,605
PT OTH 1N2AB. Other species Norwegian waters of 1 and 2 / / 18,012 N/A 18,012 1,00 / / 18,012
PT SWO AN05N Swordfish Atlantic Ocean, north of 5° N N/A N/A N/A N/A N/A N/A N/A 50,792 50,792
PT SWO AN05N Swordfish Atlantic Ocean, north of 5° N 1 155,830 1 930,090 1 966,680 101,90  % 36,590(7) / / / N/A(7)
PT SRX 89-C. Skates and rays Union waters of 8 and 9 1 696,000 1 551,000 1 573,265 101,44  % 22,265 / / / 22,265
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006(1), and in particular Article 105(1), (2) and (3) thereof,
(1) Fishing quotas for the year 2023 have been established by Council Regulations (EU) 2022/2090(2), (EU) 2023/194(3)and (EU) 2023/195(4).
(2) Fishing quotas for the year 2024 have been established by Council Regulations (EU) 2023/194, (EU) No 2023/2638(5), (EU) 2024/257(6)and (EU) 2024/259(7).
(3) Pursuant to Article 105(1) of Regulation (EC) No 1224/2009, when the Commission has established that a Member State has exceeded the fishing quotas which have been allocated to it, the Commission is to operate deductions from future fishing quotas of that Member State.
(4) Article 105(2) and (3) of Regulation (EC) No 1224/2009 provides that such deductions are to be operated in the following year or years by applying the respective multiplying factors as set out therein.
(5) Certain Member States have exceeded their fishing quotas for the year 2023. Deductions should therefore be operated on the fishing quotas allocated to them in 2024 and, where relevant, in subsequent years, for the overfished stocks.
(6) Commission Implementing Regulations (EU) 2023/1661(8)and (EU) 2023/2480(9)have set out deductions from fishing quotas for certain Member States and species for 2023. However, for certain Member States, the deductions to be applied for some species were higher than the respective quotas available in 2023 and could therefore not be operated entirely in that year. Pursuant to point 2 of Communication from the Commission on guidelines for the deduction of quotas under Article 105(1), (2) and (5) of Regulation (EC) No 1224/2009(10)(‘the Guidelines’) and to ensure that in such cases the full amount for the respective stocks is deducted, the remaining quantities should be taken into account when establishing deductions for 2024 and, where appropriate, from subsequent quotas.
(7) Point 1 of the Guidelines states that, where applicable, the timeline for deductions in case of overfishing of a quota for stocks managed by regional fisheries management organisations is to be adapted to the timeline for deductions set in the regional fisheries management organisations concerned for these stocks. Recommendation 21-01 by the International Commission for the Conservation of Atlantic Tuna (ICCAT) on a multiannual conservation and management programme for tropical tunas(11)as well as Recommendation 22-03 by ICCAT for the conservation of North Atlantic swordfish(12)provide that any excess of the annual adjusted quota in the year 2022 is to be deducted from the respective quota/catch limit for 2024. On this basis, deductions – including those resulting from applicable multiplying factors – on account of overfishing established in 2022 for the stock of bigeye tuna in the Atlantic Ocean (BET/ATLANT) and the stock of swordfish in the Atlantic Ocean, north of 5° N (SWO/AN05N), both managed by ICCAT, should be applied in 2024. Consequently, the deductions established by Implementing Regulation (EU) 2023/1661 on account of overfishing in 2022, by Portugal, of its quotas for BET/ATLANT and SWO/AN05N should be operated on its respective quotas for 2024. The provision set by Recommendation 22-03 is also applicable to overage of annual catch limits for SWO/AN05N in 2023 which is to be deducted from the annual catch limits for 2025.
(8) Similarly, Recommendation 19-05 by ICCAT establishing a rebuilding programme for blue marlin(13)provides that any excess of the annual landings limits fixed for the year 2023 are to be deducted from the landings limits during 2025. Therefore, deductions on account of overfishing in 2023 for the stock of blue marlin in the Atlantic Ocean (BUM/ATLANT) should be applied only in 2025.
(9) Based on the data transmitted by France, it appears that the 2023 shared quota amounting to 129,840 tonnes and allocated to ‘Other Member States’ – among which France – exclusively for the by-catches of swordfish in the Atlantic Ocean, north of 5° N (SWO/AN05N_AMS) as established by Regulation (EU) 2023/194 has been exceeded. Considering that France reported catches amounting to 161,053 tonnes under this ‘Other Member States’ quota, a deduction on account of this overfishing should be operated on the French quota. This deduction should be applied only in 2025 in accordance with ICCAT Recommendation 22-03.
(10) Further updates or corrections may still occur following the detection, for the current or previous deduction exercise, of errors, omissions or misreporting in the catch figures declared by the Member States pursuant to Article 33 of Regulation (EC) No 1224/2009.
(11) Since quotas are expressed in tonnes, overfishing involving quantities of less than 1 tonne should not be considered,
HAS ADOPTED THIS REGULATION:

Article 1
The fishing quotas fixed for the year 2024 in Regulations (EU) 2023/194, (EU) No 2023/2638, (EU) 2024/257 and (EU) 2024/259 shall be reduced as set out in the Annex to this Regulation.

Article 2
This Regulation shall enter into force on the seventh day following that of its publication in theOfficial Journal of the European Union.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006(1), and in particular Article 105(1), (2) and (3) thereof,
(1) Fishing quotas for the year 2023 have been established by Council Regulations (EU) 2022/2090(2), (EU) 2023/194(3)and (EU) 2023/195(4).
(2) Fishing quotas for the year 2024 have been established by Council Regulations (EU) 2023/194, (EU) No 2023/2638(5), (EU) 2024/257(6)and (EU) 2024/259(7).
(3) Pursuant to Article 105(1) of Regulation (EC) No 1224/2009, when the Commission has established that a Member State has exceeded the fishing quotas which have been allocated to it, the Commission is to operate deductions from future fishing quotas of that Member State.
(4) Article 105(2) and (3) of Regulation (EC) No 1224/2009 provides that such deductions are to be operated in the following year or years by applying the respective multiplying factors as set out therein.
(5) Certain Member States have exceeded their fishing quotas for the year 2023. Deductions should therefore be operated on the fishing quotas allocated to them in 2024 and, where relevant, in subsequent years, for the overfished stocks.
(6) Commission Implementing Regulations (EU) 2023/1661(8)and (EU) 2023/2480(9)have set out deductions from fishing quotas for certain Member States and species for 2023. However, for certain Member States, the deductions to be applied for some species were higher than the respective quotas available in 2023 and could therefore not be operated entirely in that year. Pursuant to point 2 of Communication from the Commission on guidelines for the deduction of quotas under Article 105(1), (2) and (5) of Regulation (EC) No 1224/2009(10)(‘the Guidelines’) and to ensure that in such cases the full amount for the respective stocks is deducted, the remaining quantities should be taken into account when establishing deductions for 2024 and, where appropriate, from subsequent quotas.
(7) Point 1 of the Guidelines states that, where applicable, the timeline for deductions in case of overfishing of a quota for stocks managed by regional fisheries management organisations is to be adapted to the timeline for deductions set in the regional fisheries management organisations concerned for these stocks. Recommendation 21-01 by the International Commission for the Conservation of Atlantic Tuna (ICCAT) on a multiannual conservation and management programme for tropical tunas(11)as well as Recommendation 22-03 by ICCAT for the conservation of North Atlantic swordfish(12)provide that any excess of the annual adjusted quota in the year 2022 is to be deducted from the respective quota/catch limit for 2024. On this basis, deductions – including those resulting from applicable multiplying factors – on account of overfishing established in 2022 for the stock of bigeye tuna in the Atlantic Ocean (BET/ATLANT) and the stock of swordfish in the Atlantic Ocean, north of 5° N (SWO/AN05N), both managed by ICCAT, should be applied in 2024. Consequently, the deductions established by Implementing Regulation (EU) 2023/1661 on account of overfishing in 2022, by Portugal, of its quotas for BET/ATLANT and SWO/AN05N should be operated on its respective quotas for 2024. The provision set by Recommendation 22-03 is also applicable to overage of annual catch limits for SWO/AN05N in 2023 which is to be deducted from the annual catch limits for 2025.
(8) Similarly, Recommendation 19-05 by ICCAT establishing a rebuilding programme for blue marlin(13)provides that any excess of the annual landings limits fixed for the year 2023 are to be deducted from the landings limits during 2025. Therefore, deductions on account of overfishing in 2023 for the stock of blue marlin in the Atlantic Ocean (BUM/ATLANT) should be applied only in 2025.
(9) Based on the data transmitted by France, it appears that the 2023 shared quota amounting to 129,840 tonnes and allocated to ‘Other Member States’ – among which France – exclusively for the by-catches of swordfish in the Atlantic Ocean, north of 5° N (SWO/AN05N_AMS) as established by Regulation (EU) 2023/194 has been exceeded. Considering that France reported catches amounting to 161,053 tonnes under this ‘Other Member States’ quota, a deduction on account of this overfishing should be operated on the French quota. This deduction should be applied only in 2025 in accordance with ICCAT Recommendation 22-03.
(10) Further updates or corrections may still occur following the detection, for the current or previous deduction exercise, of errors, omissions or misreporting in the catch figures declared by the Member States pursuant to Article 33 of Regulation (EC) No 1224/2009.
(11) Since quotas are expressed in tonnes, overfishing involving quantities of less than 1 tonne should not be considered,
HAS ADOPTED THIS REGULATION:
The fishing quotas fixed for the year 2024 in Regulations (EU) 2023/194, (EU) No 2023/2638, (EU) 2024/257 and (EU) 2024/259 shall be reduced as set out in the Annex to this Regulation.
This Regulation shall enter into force on the seventh day following that of its publication in theOfficial Journal of the European Union.
ANNEX
DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2024 FOR STOCKS WHICH HAVE BEEN OVERFISHED

Mem-ber State | Species code | Area code | Species name | Area name | Initial quota 2023 (in tonnes) | Permitted landings 2023 (Total adapted quantity in tonnes)(1) | Total catches 2023 (quantity in tonnes) | Quota con-sumption related to permitted landings | Overfishing related to permitted landing (quantity in tonnes) | Multi-plying factor(2) | Addit-ional Multi-plying factor(3),(4) | Out-standing deductions from previous year(s)(5)(quantity in tonnes) | Deductions to apply in 2024 (quantity in tonnes)
DE | OTH | 1N2AB. | Other species | Norwegian waters of 1 and 2 | 89,000 | 89,000 | 90,320 | 101,48 % | 1,320 | / | / | 19,997 | 21,317
DK | HAD | *03A-C | Haddock | Union waters of 3a (special condition to HAD/2AC4.) | 249,500 | 271,800 | 325,598 | 119,79 % | 53,798 | 1,00 | C | / | 80,697
DK | HAD | 03A. | Haddock | 3a | 2 892,000 | 2 682,402 | 2 732,065 | 101,85 % | 49,663 | / | C(6) | / | 49,663
DK | POK | 1N2AB. | Saithe | Norwegian waters of 1 and 2 | / | / | 4,288 | N/A | 4,288 | 1,00 | / | / | 4,288
DK | WHB | 1X14 | Blue whiting | United Kingdom, Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 | 61 646,000 | 77 238,647 | 82 097,607 | 106,29 % | 4 858,960 | / | / | / | 4 858,960
ES | ALB | MED | Mediterranean albacore | Mediterranean Sea | 103,030 | 133,030 | 135,312 | 101,72 % | 2,282 | / | / | / | 2,282
ES | BUM | ATLANT | Blue marlin | Atlantic Ocean | 22,770 | 49,770 | 55,108 | 110,72 % | 5,338(7) | 1,00 | / | / | N/A(7)
ES | COD | 1N2AB. | Cod | Norwegian waters of 1 and 2 | 2 321,000 | 2 562,590 | 2 562,586 | 100,00 % | – 0,004(8) | / | / | 60,063 | 60,063
ES | GHL | N3LMNO | Greenland halibut | NAFO 3LMNO | 4 162,000 | 4 607,124 | 4 666,576 | 101,29 % | 59,452 | / | / | / | 59,452
ES | HAD | 1N2AB. | Haddock | Norwegian waters of 1 and 2 | / | 2,636 | 86,058 | 3 264,72 % | 83,422 | 1,00 | A | / | 125,133
ES | OTH | 1N2AB. | Other species | Norwegian waters of 1 and 2 | / | / | 78,129 | N/A | 78,129 | 1,00 | A | / | 117,194
ES | POK | 1N2AB. | Saithe | Norwegian waters of 1 and 2 | / | / | 14,306 | N/A | 14,306 | 1,00 | / | / | 14,306
ES | RJU | 8-C. | Undulate ray | Union waters of 8 | 10,000 | 10,000 | 12,138 | 121,38 % | 2,138 | 1,00 | / | / | 2,138
ES | RJU | 9-C. | Undulate ray | Union waters of 9 | 15,000 | 20,000 | 24,008 | 120,04 % | 4,008 | 1,00 | / | 1,348 | 5,356
ES | SOL | 7HJK. | Common sole | 7h, 7j and 7k | / | 2,500 | 15,458 | 618,32 % | 12,958 | 1,00 | C | / | 19,437
ES | SOL | 8AB. | Common sole | 8a and 8b | 6,000 | 7,000 | 19,988 | 285,54 % | 12,988 | 1,00 | C | / | 19,482
FR | GHL | 1N2AB. | Greenland halibut | Norwegian waters of 1 and 2 | / | 16,600 | 20,889 | 125,84 % | 4,289 | 1,00 | / | / | 4,289
FR | HAD | 1N2AB. | Haddock | Norwegian waters of 1 and 2 | 150,000 | 171,060 | 179,080 | 104,69 % | 8,020 | / | / | / | 8,020
FR | OTH | 1N2AB. | Other species | Norwegian waters of 1 and 2 | 36,000 | 36,000 | 44,547 | 123,74 % | 8,547 | 1,00 | / | / | 8,547
FR | RJE | 7FG. | Small-eyed ray | 7f and 7g | 24,000 | 10,701 | 23,296 | 217,70 % | 12,595 | 1,00 | / | / | 12,595
FR | SWO | AN05N_AMS | Swordfish | Atlantic Ocean, north of 5° N | 129,840(9) | 129,840(9) | 161,053 | 124,03 % | 31,213(7) | 1,00 | / | / | N/A(7)
IT | ARA | GF19-21 | Blue and red shrimp | GSAs 19-20-21 (Ionian Sea) | 250,000 | 250,000 | 259,823 | 103,93 % | 9,823 | / | / | / | 9,823
NL | POK | 1N2AB. | Saithe | Norwegian waters of 1 and 2 | / | 21,593 | 34,653 | 160,48 % | 13,060 | 1,00 | / | / | 13,060
PL | MAC | 2A34-N | Mackerel | Union waters of 3a, 3b, 3c and 3d; United Kingdom waters of 2a; Union and United Kingdom waters of 4; Norwegian waters of 2a and 4a | / | / | 254,490 | N/A | 254,490 | 2,00 | A | / | 636,275
PT | BET | ATLANT | Bigeye tuna | Atlantic Ocean | N/A | N/A | N/A | N/A | N/A | N/A | N/A | 184,048 | 184,048
PT | GHL | 1N2AB. | Greenland halibut | Norwegian waters of 1 and 2 | / | / | 64,738 | N/A | 64,738 | 1,00 | / | / | 64,738
PT | JAX | 08C. | Horse mackerel | 8c | 188,000 | 100,000 | 101,605 | 101,60 % | 1,605 | / | / | / | 1,605
PT | OTH | 1N2AB. | Other species | Norwegian waters of 1 and 2 | / | / | 18,012 | N/A | 18,012 | 1,00 | / | / | 18,012
PT | SWO | AN05N | Swordfish | Atlantic Ocean, north of 5° N | N/A | N/A | N/A | N/A | N/A | N/A | N/A | 50,792 | 50,792
PT | SWO | AN05N | Swordfish | Atlantic Ocean, north of 5° N | 1 155,830 | 1 930,090 | 1 966,680 | 101,90 % | 36,590(7) | / | / | / | N/A(7)
PT | SRX | 89-C. | Skates and rays | Union waters of 8 and 9 | 1 696,000 | 1 551,000 | 1 573,265 | 101,44 % | 22,265 | / | / | / | 22,265
(1) Quotas available to a Member State pursuant to the relevant fishing opportunities Regulations after taking into account exchanges of fishing opportunities in accordance with Article 16(8) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22, ELI: http://data.europa.eu/eli/reg/2013/1380/oj), quota transfers from 2022 to 2023 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (OJ L 115, 9.5.1996, p. 3, ELI: http://data.europa.eu/eli/reg/1996/847/oj) and with Article 15(9) of Regulation (EU) No 1380/2013 or reallocation and deduction of fishing opportunities in accordance with Articles 37 and 105 of Regulation (EC) No 1224/2009.
(2) As set out in Article 105(2) of Regulation (EC) No 1224/2009. Deduction equal to the overfishing * 1,00 shall apply in all cases of overfishing equal to, or less than, 100 tonnes.
(3) As set out in Article 105(3) of Regulation (EC) No 1224/2009 and provided that the extent of overfishing exceeds 10 %.
(4) Letter ‘A’ indicates that an additional multiplying factor of 1,5 has been applied due to consecutive overfishing in the years 2021, 2022 and 2023. Letter ‘C’ indicates that an additional multiplying factor of 1,5 has been applied as the stock is subject to a multiannual plan.
(5) Remaining quantities from previous year(s).
(6) Additional multiplying factor not applicable because the overfishing does not exceed 10 %.
(7) To be deducted in 2025 in line with relevant ICCAT Recommendation.
(8) As Article 4 of Regulation (EC) No 847/96 is not applicable this stock, this unused quantity cannot be utilised to reduce the deduction due in 2024.
(9) By-catch quota available to ‘Other Member States’ among which France.

Pending: 32024R1392

Official Journalof the European Union ENL series
2024/1392 29.5.2024
(1) The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part(2)(the ‘Association Agreement’) constitutes the basis of the relationship between the Union and Ukraine. In accordance with Council Decision 2014/668/EU(3), Title IV of the Association Agreement, which relates to trade and trade-related matters, applied provisionally from 1 January 2016, and entered into force on 1 September 2017, following ratification by all Member States.
(2) The Association Agreement expresses the desire of the Parties to the Association Agreement (the ‘Parties’) to strengthen and widen relations in an ambitious and innovative way, to facilitate and achieve gradual economic integration, and to do so in compliance with the rights and obligations arising out of the World Trade Organization membership of the Parties.
(3) Article 25 of the Association Agreement provides for the progressive establishment of a free trade area between the Parties in accordance with Article XXIV of the General Agreement on Tariffs and Trade 1994 (GATT 1994). To that end, Article 29 of the Association Agreement provides for the progressive elimination of customs duties in accordance with the Schedules included therein and for the possibility of accelerating and broadening the scope of such elimination.
(4) Russia’s unprovoked and unjustified war of aggression against Ukraine since 24 February 2022 has had a profoundly negative impact on the ability of Ukraine to trade with the rest of the world, both because of the destruction of production capacity and the unavailability of a significant proportion of means of transport due to, for example, the restriction and uncertainty of access to the Black Sea. Under such exceptional circumstances and to mitigate the negative economic impact of Russia’s war of aggression against Ukraine, it is necessary to accelerate the development of closer economic relations between the Union and Ukraine in order to provide continued support to the Ukrainian authorities and population. It is therefore necessary and appropriate to continue stimulating trade flows and granting concessions in the form of trade-liberalisation measures for all products, in line with the acceleration of the elimination of customs duties on trade between the Union and Ukraine.
(5) In accordance with Article 21(3) of the Treaty on European Union (TEU), the Union is to ensure consistency between the different areas of its external action. Pursuant to Article 207(1) of the Treaty on the Functioning of the European Union (TFEU), the common commercial policy is to be conducted in the context of the principles and objectives of the Union’s external action.
(6) Regulation (EU) 2023/1077 of the European Parliament and of the Council(4)expires on 5 June 2024.
(7) The temporary trade-liberalisation measures established by this Regulation should take the following form: (i) the suspension of the application of the entry price system to fruit and vegetables; (ii) the suspension of tariff-rate quotas and import duties; and (iii) the suspension of the application of Chapter V and Article 24 of Regulation (EU) 2015/478 of the European Parliament and of the Council(5). Through those measures, the Union will, in effect, temporarily provide appropriate economic and financial support to the benefit of Ukraine and the economic operators that are affected.
(8) In order to prevent fraud, the preferential arrangements established by this Regulation should be conditional upon Ukraine complying with all the relevant conditions for obtaining benefits under the Association Agreement, including the rules of origin of products concerned and the procedures related thereto, as well as Ukraine’s involvement in close administrative cooperation with the Union, as provided for by the Association Agreement.
(9) The preferential arrangements established by this Regulation should also be conditional upon Ukraine abstaining from introducing new duties or charges having equivalent effect and new quantitative restrictions or measures having equivalent effect, from increasing existing levels of duties or charges, or from introducing any other restrictions on trade with the Union, unless clearly justified in the context of Russia’s war of aggression against Ukraine.
(10) The preferential arrangements established by this Regulation should also be conditional upon Ukraine’s continued respect for the general principles of the Association Agreement. In this regard, Article 2 of the Association Agreement provides, among other things, that respect for democratic principles, human rights and fundamental freedoms, the promotion of respect for the principles of sovereignty and territorial integrity, inviolability of borders, and independence as well as countering the proliferation of weapons of mass destruction, related materials and their means of delivery constitute essential elements of the Association Agreement. Furthermore, Article 3 of the Association Agreement states that the rule of law, good governance, the fight against corruption, the fight against the different forms of trans-national organised crime and terrorism, the promotion of sustainable development and effective multilateralism are central to enhancing the relationship between the Parties.
(11) Subject to an assessment by the Commission carried out in the context of the regular monitoring of the impact of this Regulation and launched either following a duly substantiated request from a Member State or on the Commission’s own initiative, it is necessary to provide for the possibility to take any necessary measures regarding imports of any products falling under the scope of this Regulation, for instance wheat and other cereals, which are adversely affecting the Union market or the market of one or several Member States for like or directly competing products. There is a particularly precarious situation in the markets for eggs, poultry, sugar, oats, maize, groats and honey that can harm Union agricultural producers if imports from Ukraine were to increase. It is appropriate to introduce an automatic safeguard for those products that is activated if the cumulative import volumes of any of those products in a specific period reach a certain level based on the arithmetic mean of import volumes recorded in the period from 1 July to 31 December 2021, in 2022 and in 2023.
(12) Imports from Ukraine, including cereals and oilseeds, can be made subject to surveillance under Chapter IV of Regulation (EU) 2015/478, which includes the option to require the production of a surveillance document as a condition for free circulation (import licensing), if the trend in imports threatens to cause injury to Union producers and if the interests of the Union so require.
(13) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to temporarily suspend the preferential arrangements provided in Article 1(1) if the conditions for entitlement to those preferential arrangements are no longer complied with and to introduce safeguards in cases where the Union market or the market of one or several Member States for like or directly competing products are adversely affected by imports under this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(6). The advisory procedure provided for in that Regulation should be used for the adoption of provisional safeguard measures, given the effects and nature of those measures and their sequential logic in relation to the adoption of definitive safeguard measures. In addition, that advisory procedure should be used for the adoption of arrangements to monitor the import volumes of eggs, poultry, sugar, oats, maize, groats and honey from Ukraine to guarantee the effective functioning of the automatic safeguard.
(14) The Commission’s annual report on the implementation of the Deep and Comprehensive Free Trade Area, which is an integral part of the Association Agreement, should include a detailed assessment of the implementation of the trade-liberalisation measures established by this Regulation.
(15) In light of the expiry of Regulation (EU) 2023/1077 on 5 June 2024, this Regulation should enter into force on 6 June 2024,
(a) the application of the entry price system shall be suspended for those products to which it applies as specified in Annex I-A to the Association Agreement. No customs duties shall apply to imports of those products;
(b) all tariff-rate quotas established under Annex I-A to the Association Agreement shall be suspended and the products covered by those quotas shall be admitted for importation into the Union from Ukraine without any customs duties.
(a) compliance by Ukraine with the rules of origin of products and the procedures related thereto as provided for in the Association Agreement;
(b) Ukraine’s abstention from introducing new duties or charges having equivalent effect and new quantitative restrictions or measures having equivalent effect for imports originating in the Union, from increasing existing levels of duties or charges, or from introducing any other restrictions on trade with the Union, including discriminatory internal administrative measures, unless clearly justified in the war context; and
(c) Ukraine’s respect for democratic principles, human rights and fundamental freedoms and respect for the principle of the rule of law as well as continued and sustained efforts with regard to the fight against corruption, and illegal activities provided for in Articles 2, 3 and 22 of the Association Agreement.
(a) following a duly substantiated request from a Member State including sufficient prima facie evidence reasonably available to that Member State pursuant to paragraph 4 of imports adversely affecting the market referred to in paragraph 1, or
(b) on its own initiative, after it has become apparent to the Commission that there is sufficient prima facie evidence of imports adversely affecting the market that is referred to in paragraph 1.
(a) the rate and amount of the increase in imports from Ukraine of the product concerned in absolute and relative terms,
(b) the effect of the imports concerned on production and prices on the Union market or the market of one or several Member States, while taking into consideration the development of imports from other sources.
(a) reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1), point (b), of this Regulation until 31 December 2024; and
(b) introduce from 1 January 2025 either a tariff-rate quota equal to five twelfths of that arithmetic mean or the corresponding tariff-rate quota suspended by Article 1(1), point (b), of this Regulation whichever is higher.
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure(1),
(1) The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part(2)(the ‘Association Agreement’) constitutes the basis of the relationship between the Union and Ukraine. In accordance with Council Decision 2014/668/EU(3), Title IV of the Association Agreement, which relates to trade and trade-related matters, applied provisionally from 1 January 2016, and entered into force on 1 September 2017, following ratification by all Member States.
(2) The Association Agreement expresses the desire of the Parties to the Association Agreement (the ‘Parties’) to strengthen and widen relations in an ambitious and innovative way, to facilitate and achieve gradual economic integration, and to do so in compliance with the rights and obligations arising out of the World Trade Organization membership of the Parties.
(3) Article 25 of the Association Agreement provides for the progressive establishment of a free trade area between the Parties in accordance with Article XXIV of the General Agreement on Tariffs and Trade 1994 (GATT 1994). To that end, Article 29 of the Association Agreement provides for the progressive elimination of customs duties in accordance with the Schedules included therein and for the possibility of accelerating and broadening the scope of such elimination.
(4) Russia’s unprovoked and unjustified war of aggression against Ukraine since 24 February 2022 has had a profoundly negative impact on the ability of Ukraine to trade with the rest of the world, both because of the destruction of production capacity and the unavailability of a significant proportion of means of transport due to, for example, the restriction and uncertainty of access to the Black Sea. Under such exceptional circumstances and to mitigate the negative economic impact of Russia’s war of aggression against Ukraine, it is necessary to accelerate the development of closer economic relations between the Union and Ukraine in order to provide continued support to the Ukrainian authorities and population. It is therefore necessary and appropriate to continue stimulating trade flows and granting concessions in the form of trade-liberalisation measures for all products, in line with the acceleration of the elimination of customs duties on trade between the Union and Ukraine.
(5) In accordance with Article 21(3) of the Treaty on European Union (TEU), the Union is to ensure consistency between the different areas of its external action. Pursuant to Article 207(1) of the Treaty on the Functioning of the European Union (TFEU), the common commercial policy is to be conducted in the context of the principles and objectives of the Union’s external action.
(6) Regulation (EU) 2023/1077 of the European Parliament and of the Council(4)expires on 5 June 2024.
(7) The temporary trade-liberalisation measures established by this Regulation should take the following form: (i) the suspension of the application of the entry price system to fruit and vegetables; (ii) the suspension of tariff-rate quotas and import duties; and (iii) the suspension of the application of Chapter V and Article 24 of Regulation (EU) 2015/478 of the European Parliament and of the Council(5). Through those measures, the Union will, in effect, temporarily provide appropriate economic and financial support to the benefit of Ukraine and the economic operators that are affected.
(8) In order to prevent fraud, the preferential arrangements established by this Regulation should be conditional upon Ukraine complying with all the relevant conditions for obtaining benefits under the Association Agreement, including the rules of origin of products concerned and the procedures related thereto, as well as Ukraine’s involvement in close administrative cooperation with the Union, as provided for by the Association Agreement.
(9) The preferential arrangements established by this Regulation should also be conditional upon Ukraine abstaining from introducing new duties or charges having equivalent effect and new quantitative restrictions or measures having equivalent effect, from increasing existing levels of duties or charges, or from introducing any other restrictions on trade with the Union, unless clearly justified in the context of Russia’s war of aggression against Ukraine.
(10) The preferential arrangements established by this Regulation should also be conditional upon Ukraine’s continued respect for the general principles of the Association Agreement. In this regard, Article 2 of the Association Agreement provides, among other things, that respect for democratic principles, human rights and fundamental freedoms, the promotion of respect for the principles of sovereignty and territorial integrity, inviolability of borders, and independence as well as countering the proliferation of weapons of mass destruction, related materials and their means of delivery constitute essential elements of the Association Agreement. Furthermore, Article 3 of the Association Agreement states that the rule of law, good governance, the fight against corruption, the fight against the different forms of trans-national organised crime and terrorism, the promotion of sustainable development and effective multilateralism are central to enhancing the relationship between the Parties.
(11) Subject to an assessment by the Commission carried out in the context of the regular monitoring of the impact of this Regulation and launched either following a duly substantiated request from a Member State or on the Commission’s own initiative, it is necessary to provide for the possibility to take any necessary measures regarding imports of any products falling under the scope of this Regulation, for instance wheat and other cereals, which are adversely affecting the Union market or the market of one or several Member States for like or directly competing products. There is a particularly precarious situation in the markets for eggs, poultry, sugar, oats, maize, groats and honey that can harm Union agricultural producers if imports from Ukraine were to increase. It is appropriate to introduce an automatic safeguard for those products that is activated if the cumulative import volumes of any of those products in a specific period reach a certain level based on the arithmetic mean of import volumes recorded in the period from 1 July to 31 December 2021, in 2022 and in 2023.
(12) Imports from Ukraine, including cereals and oilseeds, can be made subject to surveillance under Chapter IV of Regulation (EU) 2015/478, which includes the option to require the production of a surveillance document as a condition for free circulation (import licensing), if the trend in imports threatens to cause injury to Union producers and if the interests of the Union so require.
(13) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to temporarily suspend the preferential arrangements provided in Article 1(1) if the conditions for entitlement to those preferential arrangements are no longer complied with and to introduce safeguards in cases where the Union market or the market of one or several Member States for like or directly competing products are adversely affected by imports under this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(6). The advisory procedure provided for in that Regulation should be used for the adoption of provisional safeguard measures, given the effects and nature of those measures and their sequential logic in relation to the adoption of definitive safeguard measures. In addition, that advisory procedure should be used for the adoption of arrangements to monitor the import volumes of eggs, poultry, sugar, oats, maize, groats and honey from Ukraine to guarantee the effective functioning of the automatic safeguard.
(14) The Commission’s annual report on the implementation of the Deep and Comprehensive Free Trade Area, which is an integral part of the Association Agreement, should include a detailed assessment of the implementation of the trade-liberalisation measures established by this Regulation.
(15) In light of the expiry of Regulation (EU) 2023/1077 on 5 June 2024, this Regulation should enter into force on 6 June 2024,
HAVE ADOPTED THIS REGULATION:

Trade-liberalisation measures
Article 1
1. The following preferential arrangements are introduced:
(a)
the application of the entry price system shall be suspended for those products to which it applies as specified in Annex I-A to the Association Agreement. No customs duties shall apply to imports of those products;
(b)
all tariff-rate quotas established under Annex I-A to the Association Agreement shall be suspended and the products covered by those quotas shall be admitted for importation into the Union from Ukraine without any customs duties.
2. The application of Chapter V and Article 24 of Regulation (EU) 2015/478 shall be temporarily suspended with regard to imports originating in Ukraine.

Conditions for entitlement to the preferential arrangements
Article 2
The preferential arrangements provided in Article 1(1) shall be subject to the following conditions:
(a)
compliance by Ukraine with the rules of origin of products and the procedures related thereto as provided for in the Association Agreement;
(b)
Ukraine’s abstention from introducing new duties or charges having equivalent effect and new quantitative restrictions or measures having equivalent effect for imports originating in the Union, from increasing existing levels of duties or charges, or from introducing any other restrictions on trade with the Union, including discriminatory internal administrative measures, unless clearly justified in the war context; and
(c)
Ukraine’s respect for democratic principles, human rights and fundamental freedoms and respect for the principle of the rule of law as well as continued and sustained efforts with regard to the fight against corruption, and illegal activities provided for in Articles 2, 3 and 22 of the Association Agreement.

Temporary suspension
Article 3
1. Where the Commission finds that there is sufficient evidence of Ukraine’s failure to comply with the conditions set out in Article 2, it may, by means of an implementing act, suspend in whole or in part the preferential arrangements provided for in Article 1(1). That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5(3).
2. Where a Member State requests that the Commission suspends any of the preferential arrangements on the basis of Ukraine’s failure to comply with the conditions set out in Article 2, point (b), the Commission shall provide a reasoned opinion within four months of the request on whether the claim of Ukraine’s failure to comply is substantiated. If the Commission concludes that the claim is substantiated, it shall initiate the procedure referred to in paragraph 1 of this Article.

Safeguard measures
Article 4
1. Where a product covered by Article 1(1) originating in Ukraine is imported under conditions which adversely affect the Union market or the market of one or several Member States for like or directly competing products, the Commission may impose any measure which is necessary by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5(3).
Such measure may be imposed for as long as necessary to counteract the adverse effects on the Union market or on the market of one or several Member States for like or directly competing products.
2. The Commission shall regularly monitor the impact of this Regulation, taking into account the information on exports, imports, prices on the Union market or the market of one or several Member States and Union production of the products subject to the trade-liberalisation measures under Article 1(1), point (b).
The Commission shall inform the Member States of the results of the regular monitoring every two months, starting from 6 June 2024.
3. The Commission shall carry out an assessment of the situation of the Union market or the market of one or several Member States for like or directly competing products with a view to imposing measures in accordance with paragraph 1. That assessment shall be launched:
(a)
following a duly substantiated request from a Member State including sufficient prima facie evidence reasonably available to that Member State pursuant to paragraph 4 of imports adversely affecting the market referred to in paragraph 1, or
(b)
on its own initiative, after it has become apparent to the Commission that there is sufficient prima facie evidence of imports adversely affecting the market that is referred to in paragraph 1.
The assessment referred to in the first subparagraph shall be concluded within four months of its launch.
4. In carrying out the assessment pursuant to paragraph 3, the Commission shall take into consideration all relevant market developments, including the impact of the imports concerned on the situation of the Union market or the market of one or several Member States for like or directly competing products. That assessment shall include factors such as:
(a)
the rate and amount of the increase in imports from Ukraine of the product concerned in absolute and relative terms,
(b)
the effect of the imports concerned on production and prices on the Union market or the market of one or several Member States, while taking into consideration the development of imports from other sources.
The list of factors referred to in the first subparagraph is not exhaustive and other relevant factors may also be taken into consideration.
5. In critical circumstances where delay would cause damage that would be difficult to repair, the Commission may provisionally impose any measure which is necessary by means of an implementing act. Such measure may be imposed only after a duly substantiated request from a Member State pursuant to paragraph 3, point (a), of this Article and shall be adopted within 21 days after the request has been received. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 5(4). The duration of a provisional safeguard measure shall not exceed 120 days.
6. Where, as a result of the assessment referred to in paragraph 3, the Commission considers that the Union market or the market of one or several Member States for like or directly competing products has been adversely affected and intends to impose a definitive measure pursuant to paragraph 1, it shall publish a notice in theOfficial Journal of the European Unionannouncing the introduction of such a measure. The notice shall provide a summary of the main results of the assessment and specify the period within which interested parties may submit their views in writing. That period shall not exceed 10 days from the date of publication of the notice.
7. If, during the period 6 June to 31 December 2024, cumulative import volumes of eggs, poultry, sugar, oats, maize, groats or honey since 1 January 2024 reach the respective arithmetic mean of import volumes recorded in the period from 1 July to 31 December 2021, in 2022 and in 2023, the Commission shall, within 14 days and after informing the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478 (‘the Committee on Safeguards’):
(a)
reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1), point (b), of this Regulation until 31 December 2024; and
(b)
introduce from 1 January 2025 either a tariff-rate quota equal to five twelfths of that arithmetic mean or the corresponding tariff-rate quota suspended by Article 1(1), point (b), of this Regulation whichever is higher.
If, during the period 1 January to 5 June 2025, cumulative import volumes of eggs, poultry, sugar, oats, maize, groats or honey for the period since 1 January 2025 reach five twelfths of the respective arithmetic mean of import volumes recorded in the period from 1 July to 31 December 2021, in 2022 and in 2023, the Commission shall, within 14 days and after informing the Committee on Safeguards, reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1), point (b).
For the purposes of this paragraph, the terms eggs, poultry, sugar, oats, maize, groats and honey refer to all products covered by the tariff-rate quotas in the Appendix to Annex I-A of the Association Agreement for, respectively, eggs and albumins, poultry meat and poultry meat preparations, sugars, oats, maize, flours and pellets, barley groats and meal; cereal grains otherwise worked, and honey. The arithmetic mean referred to in this paragraph shall be calculated by dividing the sum of import volumes in the period from 1 July to 31 December 2021, in 2022 and in 2023 by two and a half.
The Commission may adopt an implementing act laying down the arrangements for monitoring the import volumes referred to in this paragraph. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 5(4).
8. If the Commission imposes a measure pursuant to paragraph 1, 5, or 7 which reintroduces a tariff-rate quota suspended by Article 1(1), point (b), the quantity imported during the calendar year the Commission imposes that measure shall be taken into account in the management of that tariff-rate quota.

Committee procedure
Article 5
1. The Commission shall be assisted by the Customs Code Committee established by Article 285(1) of Regulation (EU) No 952/2013 of the European Parliament and of the Council(7)with regard to Article 3(1) of this Regulation. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. The Commission shall be assisted by the Committee on Safeguards with regard to Article 4(1) of this Regulation. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
4. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Assessment of the implementation of the trade-liberalising measures
Article 6
The Commission’s annual report on the implementation of the Deep and Comprehensive Free Trade Area shall include a detailed assessment of the implementation of the trade-liberalisation measures provided for in this Regulation and shall include, in so far as appropriate, an assessment of the social impact of those measures in Ukraine and in the Union. Information on imports of products under Article 1(1), point (b), shall be made available via the website of the Commission and shall be updated on a monthly basis.

Entry into force and application
Article 7
This Regulation shall enter into force on 6 June 2024.
This Regulation shall apply until 5 June 2025.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure(1),
(1) The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part(2)(the ‘Association Agreement’) constitutes the basis of the relationship between the Union and Ukraine. In accordance with Council Decision 2014/668/EU(3), Title IV of the Association Agreement, which relates to trade and trade-related matters, applied provisionally from 1 January 2016, and entered into force on 1 September 2017, following ratification by all Member States.
(2) The Association Agreement expresses the desire of the Parties to the Association Agreement (the ‘Parties’) to strengthen and widen relations in an ambitious and innovative way, to facilitate and achieve gradual economic integration, and to do so in compliance with the rights and obligations arising out of the World Trade Organization membership of the Parties.
(3) Article 25 of the Association Agreement provides for the progressive establishment of a free trade area between the Parties in accordance with Article XXIV of the General Agreement on Tariffs and Trade 1994 (GATT 1994). To that end, Article 29 of the Association Agreement provides for the progressive elimination of customs duties in accordance with the Schedules included therein and for the possibility of accelerating and broadening the scope of such elimination.
(4) Russia’s unprovoked and unjustified war of aggression against Ukraine since 24 February 2022 has had a profoundly negative impact on the ability of Ukraine to trade with the rest of the world, both because of the destruction of production capacity and the unavailability of a significant proportion of means of transport due to, for example, the restriction and uncertainty of access to the Black Sea. Under such exceptional circumstances and to mitigate the negative economic impact of Russia’s war of aggression against Ukraine, it is necessary to accelerate the development of closer economic relations between the Union and Ukraine in order to provide continued support to the Ukrainian authorities and population. It is therefore necessary and appropriate to continue stimulating trade flows and granting concessions in the form of trade-liberalisation measures for all products, in line with the acceleration of the elimination of customs duties on trade between the Union and Ukraine.
(5) In accordance with Article 21(3) of the Treaty on European Union (TEU), the Union is to ensure consistency between the different areas of its external action. Pursuant to Article 207(1) of the Treaty on the Functioning of the European Union (TFEU), the common commercial policy is to be conducted in the context of the principles and objectives of the Union’s external action.
(6) Regulation (EU) 2023/1077 of the European Parliament and of the Council(4)expires on 5 June 2024.
(7) The temporary trade-liberalisation measures established by this Regulation should take the following form: (i) the suspension of the application of the entry price system to fruit and vegetables; (ii) the suspension of tariff-rate quotas and import duties; and (iii) the suspension of the application of Chapter V and Article 24 of Regulation (EU) 2015/478 of the European Parliament and of the Council(5). Through those measures, the Union will, in effect, temporarily provide appropriate economic and financial support to the benefit of Ukraine and the economic operators that are affected.
(8) In order to prevent fraud, the preferential arrangements established by this Regulation should be conditional upon Ukraine complying with all the relevant conditions for obtaining benefits under the Association Agreement, including the rules of origin of products concerned and the procedures related thereto, as well as Ukraine’s involvement in close administrative cooperation with the Union, as provided for by the Association Agreement.
(9) The preferential arrangements established by this Regulation should also be conditional upon Ukraine abstaining from introducing new duties or charges having equivalent effect and new quantitative restrictions or measures having equivalent effect, from increasing existing levels of duties or charges, or from introducing any other restrictions on trade with the Union, unless clearly justified in the context of Russia’s war of aggression against Ukraine.
(10) The preferential arrangements established by this Regulation should also be conditional upon Ukraine’s continued respect for the general principles of the Association Agreement. In this regard, Article 2 of the Association Agreement provides, among other things, that respect for democratic principles, human rights and fundamental freedoms, the promotion of respect for the principles of sovereignty and territorial integrity, inviolability of borders, and independence as well as countering the proliferation of weapons of mass destruction, related materials and their means of delivery constitute essential elements of the Association Agreement. Furthermore, Article 3 of the Association Agreement states that the rule of law, good governance, the fight against corruption, the fight against the different forms of trans-national organised crime and terrorism, the promotion of sustainable development and effective multilateralism are central to enhancing the relationship between the Parties.
(11) Subject to an assessment by the Commission carried out in the context of the regular monitoring of the impact of this Regulation and launched either following a duly substantiated request from a Member State or on the Commission’s own initiative, it is necessary to provide for the possibility to take any necessary measures regarding imports of any products falling under the scope of this Regulation, for instance wheat and other cereals, which are adversely affecting the Union market or the market of one or several Member States for like or directly competing products. There is a particularly precarious situation in the markets for eggs, poultry, sugar, oats, maize, groats and honey that can harm Union agricultural producers if imports from Ukraine were to increase. It is appropriate to introduce an automatic safeguard for those products that is activated if the cumulative import volumes of any of those products in a specific period reach a certain level based on the arithmetic mean of import volumes recorded in the period from 1 July to 31 December 2021, in 2022 and in 2023.
(12) Imports from Ukraine, including cereals and oilseeds, can be made subject to surveillance under Chapter IV of Regulation (EU) 2015/478, which includes the option to require the production of a surveillance document as a condition for free circulation (import licensing), if the trend in imports threatens to cause injury to Union producers and if the interests of the Union so require.
(13) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to temporarily suspend the preferential arrangements provided in Article 1(1) if the conditions for entitlement to those preferential arrangements are no longer complied with and to introduce safeguards in cases where the Union market or the market of one or several Member States for like or directly competing products are adversely affected by imports under this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(6). The advisory procedure provided for in that Regulation should be used for the adoption of provisional safeguard measures, given the effects and nature of those measures and their sequential logic in relation to the adoption of definitive safeguard measures. In addition, that advisory procedure should be used for the adoption of arrangements to monitor the import volumes of eggs, poultry, sugar, oats, maize, groats and honey from Ukraine to guarantee the effective functioning of the automatic safeguard.
(14) The Commission’s annual report on the implementation of the Deep and Comprehensive Free Trade Area, which is an integral part of the Association Agreement, should include a detailed assessment of the implementation of the trade-liberalisation measures established by this Regulation.
(15) In light of the expiry of Regulation (EU) 2023/1077 on 5 June 2024, this Regulation should enter into force on 6 June 2024,
HAVE ADOPTED THIS REGULATION:

Trade-liberalisation measures

1. The following preferential arrangements are introduced:
(a)
the application of the entry price system shall be suspended for those products to which it applies as specified in Annex I-A to the Association Agreement. No customs duties shall apply to imports of those products;
(b)
all tariff-rate quotas established under Annex I-A to the Association Agreement shall be suspended and the products covered by those quotas shall be admitted for importation into the Union from Ukraine without any customs duties.
2. The application of Chapter V and Article 24 of Regulation (EU) 2015/478 shall be temporarily suspended with regard to imports originating in Ukraine.

Conditions for entitlement to the preferential arrangements

The preferential arrangements provided in Article 1(1) shall be subject to the following conditions:
(a)
compliance by Ukraine with the rules of origin of products and the procedures related thereto as provided for in the Association Agreement;
(b)
Ukraine’s abstention from introducing new duties or charges having equivalent effect and new quantitative restrictions or measures having equivalent effect for imports originating in the Union, from increasing existing levels of duties or charges, or from introducing any other restrictions on trade with the Union, including discriminatory internal administrative measures, unless clearly justified in the war context; and
(c)
Ukraine’s respect for democratic principles, human rights and fundamental freedoms and respect for the principle of the rule of law as well as continued and sustained efforts with regard to the fight against corruption, and illegal activities provided for in Articles 2, 3 and 22 of the Association Agreement.

Temporary suspension

1. Where the Commission finds that there is sufficient evidence of Ukraine’s failure to comply with the conditions set out in Article 2, it may, by means of an implementing act, suspend in whole or in part the preferential arrangements provided for in Article 1(1). That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5(3).
2. Where a Member State requests that the Commission suspends any of the preferential arrangements on the basis of Ukraine’s failure to comply with the conditions set out in Article 2, point (b), the Commission shall provide a reasoned opinion within four months of the request on whether the claim of Ukraine’s failure to comply is substantiated. If the Commission concludes that the claim is substantiated, it shall initiate the procedure referred to in paragraph 1 of this Article.

Safeguard measures

1. Where a product covered by Article 1(1) originating in Ukraine is imported under conditions which adversely affect the Union market or the market of one or several Member States for like or directly competing products, the Commission may impose any measure which is necessary by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5(3).
Such measure may be imposed for as long as necessary to counteract the adverse effects on the Union market or on the market of one or several Member States for like or directly competing products.
2. The Commission shall regularly monitor the impact of this Regulation, taking into account the information on exports, imports, prices on the Union market or the market of one or several Member States and Union production of the products subject to the trade-liberalisation measures under Article 1(1), point (b).
The Commission shall inform the Member States of the results of the regular monitoring every two months, starting from 6 June 2024.
3. The Commission shall carry out an assessment of the situation of the Union market or the market of one or several Member States for like or directly competing products with a view to imposing measures in accordance with paragraph 1. That assessment shall be launched:
(a)
following a duly substantiated request from a Member State including sufficient prima facie evidence reasonably available to that Member State pursuant to paragraph 4 of imports adversely affecting the market referred to in paragraph 1, or
(b)
on its own initiative, after it has become apparent to the Commission that there is sufficient prima facie evidence of imports adversely affecting the market that is referred to in paragraph 1.
The assessment referred to in the first subparagraph shall be concluded within four months of its launch.
4. In carrying out the assessment pursuant to paragraph 3, the Commission shall take into consideration all relevant market developments, including the impact of the imports concerned on the situation of the Union market or the market of one or several Member States for like or directly competing products. That assessment shall include factors such as:
(a)
the rate and amount of the increase in imports from Ukraine of the product concerned in absolute and relative terms,
(b)
the effect of the imports concerned on production and prices on the Union market or the market of one or several Member States, while taking into consideration the development of imports from other sources.
The list of factors referred to in the first subparagraph is not exhaustive and other relevant factors may also be taken into consideration.
5. In critical circumstances where delay would cause damage that would be difficult to repair, the Commission may provisionally impose any measure which is necessary by means of an implementing act. Such measure may be imposed only after a duly substantiated request from a Member State pursuant to paragraph 3, point (a), of this Article and shall be adopted within 21 days after the request has been received. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 5(4). The duration of a provisional safeguard measure shall not exceed 120 days.
6. Where, as a result of the assessment referred to in paragraph 3, the Commission considers that the Union market or the market of one or several Member States for like or directly competing products has been adversely affected and intends to impose a definitive measure pursuant to paragraph 1, it shall publish a notice in theOfficial Journal of the European Unionannouncing the introduction of such a measure. The notice shall provide a summary of the main results of the assessment and specify the period within which interested parties may submit their views in writing. That period shall not exceed 10 days from the date of publication of the notice.
7. If, during the period 6 June to 31 December 2024, cumulative import volumes of eggs, poultry, sugar, oats, maize, groats or honey since 1 January 2024 reach the respective arithmetic mean of import volumes recorded in the period from 1 July to 31 December 2021, in 2022 and in 2023, the Commission shall, within 14 days and after informing the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478 (‘the Committee on Safeguards’):
(a)
reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1), point (b), of this Regulation until 31 December 2024; and
(b)
introduce from 1 January 2025 either a tariff-rate quota equal to five twelfths of that arithmetic mean or the corresponding tariff-rate quota suspended by Article 1(1), point (b), of this Regulation whichever is higher.
If, during the period 1 January to 5 June 2025, cumulative import volumes of eggs, poultry, sugar, oats, maize, groats or honey for the period since 1 January 2025 reach five twelfths of the respective arithmetic mean of import volumes recorded in the period from 1 July to 31 December 2021, in 2022 and in 2023, the Commission shall, within 14 days and after informing the Committee on Safeguards, reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1), point (b).
For the purposes of this paragraph, the terms eggs, poultry, sugar, oats, maize, groats and honey refer to all products covered by the tariff-rate quotas in the Appendix to Annex I-A of the Association Agreement for, respectively, eggs and albumins, poultry meat and poultry meat preparations, sugars, oats, maize, flours and pellets, barley groats and meal; cereal grains otherwise worked, and honey. The arithmetic mean referred to in this paragraph shall be calculated by dividing the sum of import volumes in the period from 1 July to 31 December 2021, in 2022 and in 2023 by two and a half.
The Commission may adopt an implementing act laying down the arrangements for monitoring the import volumes referred to in this paragraph. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 5(4).
8. If the Commission imposes a measure pursuant to paragraph 1, 5, or 7 which reintroduces a tariff-rate quota suspended by Article 1(1), point (b), the quantity imported during the calendar year the Commission imposes that measure shall be taken into account in the management of that tariff-rate quota.

Committee procedure

1. The Commission shall be assisted by the Customs Code Committee established by Article 285(1) of Regulation (EU) No 952/2013 of the European Parliament and of the Council(7)with regard to Article 3(1) of this Regulation. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. The Commission shall be assisted by the Committee on Safeguards with regard to Article 4(1) of this Regulation. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
4. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Assessment of the implementation of the trade-liberalising measures

The Commission’s annual report on the implementation of the Deep and Comprehensive Free Trade Area shall include a detailed assessment of the implementation of the trade-liberalisation measures provided for in this Regulation and shall include, in so far as appropriate, an assessment of the social impact of those measures in Ukraine and in the Union. Information on imports of products under Article 1(1), point (b), shall be made available via the website of the Commission and shall be updated on a monthly basis.

Entry into force and application

This Regulation shall enter into force on 6 June 2024.
This Regulation shall apply until 5 June 2025.

Pending: 32024R0259

Official Journalof the European Union ENSeries L
2024/259 11.1.2024
(1) Article 6 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council(1)requires that conservation measures be adopted taking into account available scientific, technical and economic advice, including, where relevant, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF), as well as advice received from advisory councils.
(2) The Council is to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked to those fishing opportunities, as appropriate. Article 16(4) of Regulation (EU) No 1380/2013 provides that fishing opportunities are to be fixed in accordance with the objectives of the Common Fisheries Policy (CFP) set out in Article 2(2) of that Regulation. Article 16(1) of Regulation (EU) No 1380/2013 provides that fishing opportunities are to be allocated to Member States in such a way as to ensure the relative stability of fishing activities of each Member State for each fish stock or fishery.
(3) Therefore, in accordance with Regulation (EU) No 1380/2013, total allowable catches (TACs) should be set on the basis of available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as the opinions expressed during consultations with stakeholders.
(4) Regulation (EU) 2019/1022 of the European Parliament and of the Council(2)established a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea. That plan aims to reach and maintain the maximum sustainable yield (MSY) for target stocks, ensuring that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the MSY.
(5) In accordance with Article 4(1) of Regulation (EU) 2019/1022, fishing opportunities for stocks listed in Article 1 of that Regulation are to be fixed to achieve fishing mortality at MSY on a progressive, incremental basis by 2020, where possible, and by 1 January 2025 at the latest. Fishing opportunities are to be expressed as maximum allowable fishing effort for trawlers and longliners and fixed in accordance with the fishing effort regime laid down in Article 7 of Regulation (EU) 2019/1022, as well as maximum catch limits for blue and red shrimp (Aristeus antennatus) and giant red shrimp (Aristaeomorpha foliacea) in deep waters in accordance with scientific advice and with Article 7(3), point (b), of that Regulation.
(6) STECF advised that, in order to attain the MSY targets in 2025 for all the western Mediterranean fish stocks, further action is needed and a significant reduction of fishing mortality is necessary for trawlers. Based on such advice, for 2024 the maximum allowable fishing effort for trawlers in the western Mediterranean Sea should be reduced by 9,5 % compared to the baseline between 2015 and 2017, to be deducted from the maximum allowable fishing effort set for 2023 by Council Regulation (EU) 2023/195(3).
(7) In 2023, STECF advised that longliners have an impact on spawners given that longliners contribute to 7 % of the hake landings in General Fisheries Commission for the Mediterranean (GFCM) geographical subareas (GSAs) 1, 2, 5, 6 and 7, 13 % of the total landings in GSA 10 and 6 % in GSAs 8, 9, 10 and 11. In 2023, STECF also advised that the spawning stock biomass of hake in GSAs 1, 5, 6 and 7 and in GSAs 8, 9, 10 and 11 is still below the conservation limit reference point (BLIM), within the meaning of Article 2(10) of Regulation (EU) 2019/1022 and that catches be reduced by at least 89 % in GSAs 1, 5, 6 and 7 and 40 % in GSAs 8, 9, 10 and 11, in order to reach FMSYin 2024. It is therefore appropriate to maintain, for 2024, the maximum allowable fishing effort for longliners at the same levels set for 2023 by Regulation (EU) 2023/195, on the basis of Article 7(5) of Regulation (EU) 2019/1022.
(8) In 2023, STECF advised that the fishing mortality of blue and red shrimps in GSAs 1, 2, 5, 6 and 7 remains far from sustainable levels and further management measures are thus required. In particular, STECF advised that, in order to reach FMSYby 2024, catches should be reduced on average by 58 %, and specifically 56 % in GSAs 1 and 2, 59 % in GSA 5 and 61 % in GSAs 6 and 7. In accordance with Article 7(3), point (b), of Regulation (EU) 2019/1022, it is therefore appropriate to complement the fishing effort regime with maximum catch limits. The maximum catch limits for blue and red shrimp in GSAs 1, 2, 5, 6 and 7 should be reduced by 5 % compared to the fishing opportunities set for 2023 by Regulation (EU) 2023/195.
(9) In 2023, STECF advised that further management measures for blue and red shrimp in GSAs 8, 9, 10 and 11 are required and advised decreasing the total catch by 39 %. It is therefore appropriate to complement the fishing effort regime with maximum catch limits. The maximum catch limits for blue and red shrimp in GSAs 8, 9, 10 and 11 should be reduced by 3 % compared to the fishing opportunities set for 2023 by Regulation (EU) 2023/195.
(10) In 2023, STECF advised that further management measures for giant red shrimp in GSAs 8, 9, 10 and 11 are required and advised decreasing the total catch by 31 %. It is therefore appropriate to complement the fishing effort regime with maximum catch limits. The maximum catch limits of giant red shrimp in GSAs 8, 9, 10 and 11 should be reduced by 3 % compared to the fishing opportunities set for 2023 by Regulation (EU) 2023/195.
(11) At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/5 on a multiannual management plan for sustainable demersal fisheries in the Adriatic Sea (GFCM geographical subareas 17 and 18), which introduced from 2020 to 2026 a fishing effort regime and a fleet capacity ceiling for certain demersal stocks. Those measures that relate to 2024 should be implemented in Union law.
(12) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/6 on the implementation of a fishing effort regime for key demersal stocks in the Adriatic Sea in 2024 (GSAs 17 and 18), stemming from Recommendation GFCM/43/2019/5. Recommendation GFCM/46/2023/6 provides for a reduction of the fishing effort regime for otter-trawlers by 4 % and a roll-over of the 2023 effort levels for beam-trawlers. In order to implement those measures into Union law, 4 % should therefore be deducted from the maximum allowable fishing effort for otter-trawlers set for 2023 by Regulation (EU) 2023/195 and the maximum allowable fishing effort for beam-trawlers should be kept at 2023 levels.
(13) At its 44th annual meeting in 2021, the GFCM adopted Recommendation GFCM/44/2021/20 on a multiannual management plan for the sustainable exploitation of small pelagic stocks in the Adriatic Sea (GFCM geographical subareas 17 and 18), which introduced from 2022 to 2029 a maximum level of catches and a related fleet capacity ceiling for purse seiners and pelagic trawlers targeting small pelagics, with a derogation for the national fleets of less than 10 purse seiners or pelagic trawlers actively fishing for small pelagic stocks. Those measures that relate to 2024 should be implemented in Union law.
(14) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/5 on the extension of the transitional fishing regime and the establishment of a catch limit for 2024 for small pelagic stocks in the Adriatic Sea (GSAs 17 and 18), stemming from Recommendation GFCM/44/2021/20. Recommendation GFCM/46/2023/5 provides for a reduction of the catches for small pelagics with 5 % for anchovy and 9 % for sardines compared to 2023 levels. In order to implement those measures into Union law, 5 % for anchovy and 9 % for sardines should therefore be deducted from the maximum level of catches set for 2023 by Regulation (EU) 2023/195.
(15) Taking into account the particularities of the Slovenian fleet and its marginal impact on the stocks of small pelagic and demersal stocks, and in accordance with paragraph 33 of Recommendation GFCM/44/2021/20 and paragraph 13 of Recommendation GFCM/43/2019/5, it is appropriate to preserve existing fishing patterns and to ensure access by the Slovenian fleet to a minimum quantity of small pelagic species and a minimum effort allocation for demersal stocks.
(16) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/16 on a long-term management plan for European eel. That Recommendation maintains, for 2024, the existing transitional measures, six-month closure period and ban on recreational fishing. Furthermore, that Recommendation provides that Contracting Parties are to implement additional measures to reduce the fishing mortality of glass eel by at least 30 % in 2024 compared to the reference period 2019–2021. Those measures are to apply to all marine waters of the Mediterranean Sea, to freshwaters and to brackish waters such as estuaries, coastal lagoons and transitional waters, in accordance with that Recommendation. Those measures should be implemented in Union law.
(17) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/13 on a management plan for the sustainable exploitation of red coral (Corallium rubrum) in the Mediterranean Sea (geographical subareas 1 to 27), which extended by one year the provisions of Recommendation GFCM/43/2019/4 that introduced a freezing of fishing effort expressed as a maximum number of fishing authorisations, and harvest limits for red coral. Those measures should be implemented in Union law.
(18) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/14 on a multiannual management plan for the sustainable exploitation of common dolphinfish (Coryphaena hippurus) in the Mediterranean Sea (geographical subareas 1 to 27). That Recommendation introduced, consistent with the precautionary approach and for the transitional period of 2024 to 2026, a fleet capacity ceiling, a freeze of fish aggregating devices (FADs) capacity per vessel, a catch limit and a temporal closure. For recreational fisheries, Recommendation GFCM/46/2023/14 further provides that a daily bag limit is to be observed as well as a prohibition period for commercial fisheries. Those measures should be implemented in Union law for the transitional period of 2024 to 2026. Those measures are without prejudice to the management measures that will be proposed by the Scientific Advisory Committee within GFCM for the long-term management plan for the period 2027–2031.
(19) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/4 on a multiannual management plan for the sustainable exploitation of demersal stocks in the Strait of Sicily (geographical subareas 12 to 16), repealing Recommendations GFCM/44/2021/12 and GFCM/42/2018/5. Recommendation GFCM/45/2022/4 introduced an effort regime for hake (Merluccius merluccius) and catch limits for deep-water rose shrimps (Parapenaeus longirostris), as well as a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for deep-water rose shrimps. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum allowable catch limits for deep-water rose shrimp set for 2023 by Regulation (EU) 2023/195.
(20) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/5 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Strait of Sicily (geographical subareas 12 to 16), repealing Recommendations GFCM/44/2021/7 and GFCM/43/2019/6. Recommendation GFCM/45/2022/5 introduced a catch limit and a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum allowable catch limits for giant red shrimp and blue and red shrimp set for 2023 by Regulation (EU) 2023/195.
(21) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/6 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Ionian Sea (geographical subareas 19 to 21), repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. Recommendation GFCM/45/2022/6 introduced a catch limit and a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum allowable catch limits for giant red shrimp and blue and red shrimp set for 2023 by Regulation (EU) 2023/195.
(22) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/7 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Levant Sea (geographical subareas 24 to 27), repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. Recommendation GFCM/45/2022/7 introduced a catch limit and a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum allowable catch limits set for giant red shrimp and blue and red shrimp for 2023 by Regulation (EU) 2023/195.
(23) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/3 on a multiannual management plan for the sustainable exploitation of blackspot seabream (Pagellus bogaraveo) in the Alboran Sea (geographical subareas 1 to 3), repealing Recommendations GFCM/44/2021/4, GFCM/43/2019/2 and GFCM/41/2017/2. Recommendation GFCM/45/2022/3 introduced maximum levels of catches for 2023, 2024 and 2025, a maximum number of longliners and handlines authorised and new measures for recreational fisheries. In order to implement those measures in Union law, 7 % should therefore be deducted from the maximum allowable catch limits set for blackspot seabream for 2023 by Regulation (EU) 2023/195.
(24) At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/3 amending Recommendation GFCM/41/2017/4 on a multiannual management plan for turbot (Scophthalmus maximus) fisheries in the Black Sea (GFCM geographical subarea 29). Recommendation GFCM/43/2019/3 introduced from 2020 to 2024 an updated regional TAC and a quota allocation scheme for turbot, as well as further conservation measures, in particular a two-month closure period and a limitation of fishing days to 180 days per year. In accordance with Recommendation GFCM/43/2019/3, those further conservation measures are functionally linked to the fishing opportunities, as, without those measures in place, the TAC level for turbot would have to be reduced to ensure its recovery. Those measures should be implemented in Union law.
(25) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/7 on a multiannual management plan for turbot fisheries in the Black Sea (geographical subarea 29), amending Recommendation GFCM/43/2019/3. That Recommendation maintained the existing TAC until 31 December 2024. Those measures should be implemented in Union law.
(26) At its 46th annual meeting in 2023, the GFCM approved a carry-over of the unused Union quota for turbot in 2022, in view of the exceptional situation created by the regional context in the Black Sea. That measure should be implemented in Union law. The distribution of the fishing opportunities arising from that under-utilisation should be carried out on the basis of the respective contribution of each Member State towards the under-utilisation, without modifying the distribution key established by Regulation (EU) 2023/195 concerning the annual allocation of TACs.
(27) Based on the scientific advice provided by the GFCM Working Group for the Black Sea, the current level of fishing mortality of sprat (Sprattus sprattus) should be maintained to ensure the sustainability of sprat stocks in the Black Sea. It is therefore appropriate to continue setting an autonomous quota for those stocks.
(28) The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009(4), and in particular to Articles 33 and 34 thereof concerning the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.
(29) In order to promote the use of selective gears and to establish efficient closure areas to protect juveniles and spawners, Council Regulation (EU) 2022/110(5)established a compensation mechanism in relation to the effort regime for trawlers. As STECF continues to recommend in 2024 the further improvement of selectivity of fishing gear and of efficient closure areas to protect juvenile fish and spawners, it is appropriate to allocate 4,5 % of fishing days. If a vessel fulfils two conditions, a Member State may increase the additional allocation of fishing days to 5 %. If a vessel fulfils at least three conditions, a Member State may increase the additional allocation of fishing days to 6 %.
(30) Council Regulation (EC) No 847/96(6)provides for additional conditions for the year-to-year management of TACs including, under Articles 3 and 4 thereof, flexibility provisions for precautionary and analytical TACs. Under Article 2 of that Regulation, when establishing TACs the Council is to decide which stocks will not be subject to Articles 3 and 4 of that Regulation, in particular on the basis of the biological status of stocks. Therefore, to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of living marine biological resources, hinder the achievement of the objectives of the CFP and cause the biological status of stocks to deteriorate, it should be made explicit that Article 3(2) and (3) and Article 4 of Regulation (EC) No 847/96 apply to analytical TACs only where the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 is not used.
(31) In order to avoid the interruption of fishing activities and to ensure the livelihood of Union fishers, this Regulation should apply from 1 January 2024. For reasons of urgency, this Regulation should enter into force on the day following that of its publication,
(a) European eel (Anguilla anguilla), red coral (Corallium rubrum) and common dolphinfish (Coryphaena hippurus) in the Mediterranean Sea;
(b) blue and red shrimp (Aristeus antennatus), deep-water rose shrimp (Parapenaeus longirostris), giant red shrimp (Aristaeomorpha foliacea), European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus) and red mullet (Mullus barbatus) in the western Mediterranean Sea;
(c) anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus) in the Adriatic Sea;
(d) European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus), common sole (Solea solea), deep-water rose shrimp (Parapenaeus longirostris) and red mullet (Mullus barbatus) in the Adriatic Sea;
(e) European hake (Merluccius merluccius) and deep-water rose shrimp (Parapenaeus longirostris) in the Strait of Sicily;
(f) giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Strait of Sicily, in the Ionian Sea and in the Levant Sea;
(g) blackspot seabream (Pagellus bogaraveo) in the Alborean Sea;
(h) sprat (Sprattus sprattus) and turbot (Scophthalmus maximus) in the Black Sea.
(a) ‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;
(b) ‘recreational fisheries’ means non-commercial fishing activities exploiting marine living aquatic resources for recreation, tourism or sport;
(c) ‘total allowable catch’ (TAC) means:(i)in fisheries subject to the exemption of the landing obligation referred to in Article 15(4) to (7) of Regulation (EU) No 1380/2013, the quantity of fish that can be landed from each stock each year;(ii)in all other fisheries, the quantity of fish that can be caught from each stock over the period of a year; (i) in fisheries subject to the exemption of the landing obligation referred to in Article 15(4) to (7) of Regulation (EU) No 1380/2013, the quantity of fish that can be landed from each stock each year; (ii) in all other fisheries, the quantity of fish that can be caught from each stock over the period of a year;
(i) in fisheries subject to the exemption of the landing obligation referred to in Article 15(4) to (7) of Regulation (EU) No 1380/2013, the quantity of fish that can be landed from each stock each year;
(ii) in all other fisheries, the quantity of fish that can be caught from each stock over the period of a year;
(i) in fisheries subject to the exemption of the landing obligation referred to in Article 15(4) to (7) of Regulation (EU) No 1380/2013, the quantity of fish that can be landed from each stock each year;
(ii) in all other fisheries, the quantity of fish that can be caught from each stock over the period of a year;
(d) ‘quota’ means a proportion of the TAC allocated to the Union or a Member State;
(e) ‘Union autonomous quota’ means a catch limit autonomously allocated to Union fishing vessels in the absence of an agreed TAC;
(f) ‘analytical quota’ means a Union autonomous quota for which an analytical assessment is available;
(g) ‘analytical assessment’ means a quantitative evaluation of trends in a given stock, based on data about the stock’s biology and exploitation, which scientific review has indicated to be of sufficient quality to provide scientific advice on options for future catches;
(h) ‘fish aggregating device’ (FAD) means any anchored equipment floating on the sea surface with the objective of attracting fish.
(a) ‘GFCM geographical subareas’ mean the areas defined in Annex I to Regulation (EU) 2023/2124 of the European Parliament and of the Council(7);
(b) ‘Mediterranean Sea’ means the waters in GFCM geographical subareas 1 to 27, as defined in Annex I to Regulation (EU) 2023/2124;
(c) ‘western Mediterranean Sea’ means the waters in GFCM geographical subareas 1, 2, 5, 6, 7, 8, 9, 10 and 11, as defined in Annex I to Regulation (EU) 2023/2124;
(d) ‘Adriatic Sea’ means the waters in GFCM geographical subareas 17 and 18, as defined in Annex I to Regulation (EU) 2023/2124;
(e) ‘Strait of Sicily’ means the waters in GFCM geographical subareas 12, 13, 14, 15 and 16, as defined in Annex I to Regulation (EU) 2023/2124;
(f) ‘Ionian Sea’ means the waters in GFCM geographical subareas 19, 20 and 21, as defined in Annex I to Regulation (EU) 2023/2124;
(g) ‘Levant Sea’ means the waters in GFCM geographical subareas 24, 25, 26 and 27, as defined in Annex I to Regulation (EU) 2023/2124;
(h) ‘Alboran Sea’ means the waters in GFCM geographical subareas 1, 2 and 3, as defined in Annex I to Regulation (EU) 2023/2124;
(i) ‘Black Sea’ means the waters in GFCM geographical subarea 29, as defined in Annex I to Regulation (EU) 2023/2124.
(a) where appropriate, the closure period or periods may differ within one Member State from one fishing area to another in order to take account of the geographical and temporal migration pattern of eel at its different life stages;
(b) the closure period or periods shall last either at least six consecutive months, or a total of six months in accordance with the conditions set out in paragraph 3; and
(c) the closure period or periods shall be consistent with the conservation objectives set out in Council Regulation (EC) No 1100/2007(8), with national management plans in place and with the temporal migration patterns of European eel at the respective life stage in the Member State concerned.
(a) the closure period or closure periods that it has determined in accordance with paragraphs 2 and 3 by 1 March 2024;
(b) the national measures relating to the closure period or closure periods that it has determined in accordance with paragraphs 2 and 3 within two weeks after their adoption; and
(c) the measures established in accordance with paragraph 5 by 31 March 2024.
(a) it shall be in accordance with the criteria set out in Article 17 of Regulation (EU) No 1380/2013;
(b) it shall be without prejudice to:(i)exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013;(ii)deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;(iii)additional landings allowed under Article 3 of Regulation (EC) No 847/96 or under Article 15(9) of Regulation (EU) No 1380/2013;(iv)quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 or transferred under Article 15(9) of Regulation (EU) No 1380/2013;(v)deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009. (i) exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013; (ii) deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009; (iii) additional landings allowed under Article 3 of Regulation (EC) No 847/96 or under Article 15(9) of Regulation (EU) No 1380/2013; (iv) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 or transferred under Article 15(9) of Regulation (EU) No 1380/2013; (v) deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009.
(i) exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013;
(ii) deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;
(iii) additional landings allowed under Article 3 of Regulation (EC) No 847/96 or under Article 15(9) of Regulation (EU) No 1380/2013;
(iv) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 or transferred under Article 15(9) of Regulation (EU) No 1380/2013;
(v) deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009.
(i) exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013;
(ii) deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;
(iii) additional landings allowed under Article 3 of Regulation (EC) No 847/96 or under Article 15(9) of Regulation (EU) No 1380/2013;
(iv) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 or transferred under Article 15(9) of Regulation (EU) No 1380/2013;
(v) deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009.
(a) the vessel uses a trawl net with 45 mm square-mesh codend in order to reduce by at least 25 % catches of the juveniles of hake;
(b) the vessel uses a trawl net with a 50 mm square-mesh codend for deep-water fisheries in order to reduce by at least 25 % catches of blue and red shrimps with a carapace length (CL) of less than 25 mm in geographical subareas 1, 2, 5, 6, 7, 8, 9, 10 and 11 and to reduce by at least 25 % catches of giant red shrimps with a CL of less than 35 mm in the geographical subareas 8, 9, 10 and 11;
(c) the vessel uses a regulated highly selective gear, the technical specifications of which result in, according to the scientific study by STECF, a reduction of at least 25 % of catches of juveniles of all demersal species or at least 20 % of catches of spawners of all demersal species compared to 2020, such as a sorting grid of at least 20 mm spacing;
(d) the Member State concerned has established temporary closure areas in order to reduce by at least 25 % catches of juveniles of all demersal species or by at least 20 % catches of spawners of all demersal species;
(e) the Member State concerned has adopted a new minimum conservation reference size for hake of at least 26 cm, and has secured the enforcement of appropriate technical measures to comply with this minimum conservation reference size, in order to progressively reach the length at first maturity and improve hake stocks status;
(f) the Member State concerned has adopted a new minimum conservation reference size for blue and red shrimp (Aristeus antennatus) of at least 25 mm CL and for giant red shrimp (Aristaeomorpha foliacea) of at least 35 mm CL, and has secured the enforcement of appropriate technical measures to comply with those minimum conservation reference sizes, in order to progressively reach the length at first maturity and improve stocks status;
(g) the Member State concerned has set a closure period of at least four continuous weeks for fishing activities with trawlers in the areas and periods recognised as important, on the basis of the best available scientific advice, for the protection of spawners of hake stocks; such areas shall also account for spatial patterns of spawners’ distribution, including depths from 150 m to 500 m; the periods of the temporary fishing closure shall be from February to March and from October to November;
(h) the Member State concerned has set a closure for fishing activities using twin trawlers;
(i) the Member State concerned has set a closure for fishing activity with trawlers at a depth higher than 800 m;
(j) the Member State concerned has established permanent closure areas in order to reduce by at least 25 % catches of juveniles of all demersal species or by at least 20 % catches of spawners of all demersal species;
(k) the vessel uses a trawl with flying or mid-waters doors or other doors which reduce the contact of the doors and the gear with the seabed, to preserve the essential fish habitats of the demersal species;
(l) the Member State concerned has set a closure period of at least four continuous weeks for fishing activities with trawlers in the areas and periods recognised as important, on the basis of the best available scientific advice, for the protection of blue and red shrimp and/or giant red shrimp.
(a) exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013;
(b) deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;
(c) deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009.
Scientific name Alpha-3 code Common name
Corallium rubrum COL Red coral
Member States Red coral COL
Greece 12
Spain 0(*2)
France 32
Croatia 28
Italy 40
Species: Red coralCorallium rubrum Zone: Union waters in the Mediterranean Sea – GSAs 1-27COL/GF 1-27
Greece 1,844
Spain 0(*3)
France 1,400
Croatia 1,226
Italy 1,378
Union 5,848
TAC Not relevant
Scientific name Alpha-3 code Common name
Coryphaena hippurus DOL Common dolphinfish
Member State Number of vessels kW GT
Italy 797 67 925,37 7 203
Malta 130 16 662 1 296,28
Spain 45 2 105,73 153,34
Member State Number of FADs per vessel
Italy 100
Malta 200
Spain 50
Species: Common dolphinfishCoryphaena hippurus Zone: Union and International waters of GFCM-GSAs 1-27(DOL/MED)
Italy 1 174 Maximum level of catches
Malta 517
Spain 127
Union 1 818 (*1)
TAC Not relevant
Scientific name Alpha-3 code Common name
Aristaeomorpha foliacea ARS Giant red shrimp
Aristeus antennatus ARA Blue and red shrimp
Merluccius merluccius HKE European hake
Mullus barbatus MUT Red mullet
Nephrops norvegicus NEP Norway lobster
Parapenaeus longirostris DPS Deep-water rose shrimp
Stock group Overall length of vessels Spain France Italy Fishing effort group code Additional allocation code
Red mullet in GSAs 1, 5, 6 and 7; hake in GSAs 1, 5, 6 and 7; deep-water rose shrimp in GSAs 1, 5 and 6; Norway lobster in GSAs 5 and 6 < 12 m 1 507 0 0 EFF1/MED1_TR1 EFF1/MED1_TR1_AA
≥ 12 m and < 18 m 16 189 0 0 EFF1/MED1_TR2 EFF1/MED1_TR2_AA
≥ 18 m and < 24 m 30 375 3 429 0 EFF1/MED1_TR3 EFF1/MED1_TR3_AA
≥ 24 m 10 698 4 173 0 EFF1/MED1_TR4 EFF1/MED1_TR4_AA
Blue and red shrimp in GSAs 1, 2, 5, 6 and 7 < 12 m 0 0 0 EFF2/MED1_TR1 EFF2/MED1_TR1_AA
≥ 12 m and < 18 m 759 0 0 EFF2/MED1_TR2 EFF2/MED1_TR2_AA
≥ 18 m and < 24 m 7 690 0 0 EFF2/MED1_TR3 EFF2/MED1_TR3_AA
≥ 24 m 6 173 0 0 EFF2/MED1_TR4 EFF2/MED1_TR4_AA
Stock group Overall length of vessels Spain France Italy Fishing effort group code Additional allocation code
Red mullet in GSAs 8, 9, 10 and 11; hake in GSAs 8, 9, 10 and 11; deep-water rose shrimp in GSAs 9, 10 and 11; Norway lobster in GSAs 9 and 10 < 12 m 0 139 1 969 EFF1/MED2_TR1 EFF1/MED2_TR1_AA
≥ 12 m and < 18 m 0 556 29 613 EFF1/MED2_TR2 EFF1/MED2_TR2_AA
≥ 18 m and < 24 m 0 139 19 915 EFF1/MED2_TR3 EFF1/MED2_TR3_AA
≥ 24 m 0 139 2 658 EFF1/MED2_TR4 EFF1/MED2_TR4_AA
Giant red shrimp in GSAs 8, 9, 10 and 11 < 12 m 0 0 326 EFF2/MED2_TR1 EFF2/MED2_TR1_AA
≥ 12 m and < 18 m 0 0 2 402 EFF2/MED2_TR2 EFF2/MED2_TR2_AA
≥ 18 m and < 24 m 0 0 1 934 EFF2/MED2_TR3 EFF2/MED2_TR3_AA
≥ 24 m 0 0 259 EFF2/MED2_TR4 EFF2/MED2_TR4_AA
Stock group Overall length of vessels Spain France Italy Fishing effort group code
Hake in GSAs 1, 2, 5, 6 and 7 < 12 m 9 433 6 432 0 EFF1/MED1_LL1
≥ 12 m and < 18 m 2 148 93 0 EFF1/MED1_LL2
≥ 18 m and < 24 m 74 0 0 EFF1/MED1_LL3
≥ 24 m 29 0 0 EFF1/MED1_LL4
Stock group Overall length of vessels Spain France Italy Fishing effort group code
Hake in GSAs 8, 9, 10 and 11 < 12 m 0 1 650 33 187 EFF1/MED2_LL1
≥ 12 m and < 18 m 0 51 4 748 EFF1/MED2_LL2
≥ 18 m and < 24 m 0 0 26 EFF1/MED2_LL3
≥ 24 m 0 0 0 EFF1/MED2_LL4
Species: Blue and red shrimpAristeus antennatus Zone: GSA 1, 2, 5, 6 and 7(ARA/GF1-7)
Spain 787 Maximum level of catches
France 51
Italy 0
Union 838
TAC Not relevant
Species: Blue and red shrimpAristeus antennatus Zone: GSA 8, 9, 10 and 11(ARA/GF8-11)
Spain 0 Maximum level of catches
France 9
Italy 236
Union 245
TAC Not relevant
Species: Giant red shrimpAristaeomorpha foliacea Zone: GSA 8, 9, 10 and 11(ARS/GF8-11)
Spain 0 Maximum level of catches
France 5
Italy 344
Union 349
TAC Not relevant
Scientific name Alpha-3 code Common name
Engraulis encrasicolus ANE Anchovy
Merluccius merluccius HKE European hake
Mullus barbatus MUT Red mullet
Nephrops norvegicus NEP Norway lobster
Parapenaeus longirostris DPS Deep-water rose shrimp
Sardina pilchardus PIL Sardine
Solea solea SOL Common sole
Species: Small pelagic species (anchovy and sardine)Engraulis encrasicolusandSardina pilchardus Zone: Union and International waters of GFCM-GSAs 17 and 18(SP1/GF 17-18)
Italy 30 672 (*1) Maximum level of catches
Croatia 47 139
TAC Not relevant
Member State Gear Number of vessels kW GT
Croatia PS 249 77 145,52 18 537,72
Italy PTM, OTM and PS 685 134 556,7 25 852
Slovenia(*2) PS 4 433,7 38,5
Fishing days 2024
Gear type Geographical area Stocks concerned Overall length of vessels Effort group code Italy Croatia Slovenia
Trawls (OTB) GFCM sub-areas 17 and 18 Red mullet; hake; deep-water rose shrimp; and Norway lobster < 12 m EFF/MED3_OTB_TR1 3 098 9 864 (*3)
≥ 12 m and < 24 m EFF/MED3_OTB_TR2 69 625 22 981 (*3)
≥ 24 m EFF/MED3_OTB_TR3 6 100 2 063 (*3)
Beam trawls (TBB) GFCM sub-area 17 Common sole < 12 m EFF/MED3_TBB_TR1 194 0 0
≥ 12 m and < 24 m EFF/MED3_TBB_TR2 3 635 0 0
≥ 24 m EFF/MED3_TBB_TR3 3 614 0 0
Member State Gear Number of vessels kW GT
Croatia OTB 495 79 867,99 13 267,99
Italy OTB and TBB 1 363 260 618,37 47 148
Slovenia(*4) OTB 11 1 813,00 168,67
Scientific name Alpha-3 code Common name
Merluccius merluccius HKE European hake
Parapenaeus longirostris DPS Deep-water rose shrimp
Aristaeomorpha foliacea ARS Giant red shrimp
Aristeus antennatus ARA Blue and red shrimp
Member State Gear Number of vessels kW GT
Cyprus OTB 1 265 105
Spain OTB 1 100 118
Italy OTB 594 144 175 36 856
Malta OTB 15 5 562 2 007
Member State Gear Vessel Length Effort group code Fishing days 2024
CYP OTB T-12 EFF4/MED4_OTB4 51
ITA OTB T-07 EFF4/MED4_OTB1 90
ITA OTB T-10 EFF4/MED4_OTB2 188
ITA OTB T-11 EFF4/MED4_OTB3 19 366
ITA OTB T-12 EFF4/MED4_OTB4 3 657
MLT OTB T-11 EFF4/MED4_OTB3 338
MLT OTB T-12 EFF4/MED4_OTB4 165
Species: Deep-water rose shrimpParapenaeus longirostris Zone: GSAs 12, 13, 14, 15 and 16(DPS/GF 12-16)
Cyprus 1 Analytical catch limit
Italy 2 083
Malta 6
Union 2 090
TAC Not relevant
Member State Gear Number of vessels kW GT
Cyprus OTB 1 265 105
Spain OTB 2 440,56 218,78
Italy OTB 320 93 756 26 076
Malta OTB 15 5 562 2 007
Species: Giant red shrimpAristaeomorpha foliacea Zone: GSAs 12, 13, 14, 15 and 16(ARS/GF 12-16)
Spain 1 Analytical catch limit
Italy 844
Cyprus 0
Malta 36
Union 881
TAC Not relevant
Species: Blue and red shrimpAristeus antennatus Zone: GSAs 12, 13, 14, 15 and 16(ARA/GF 12-16)
Spain 1 Precautionary catch limit
Italy 98
Cyprus 0
Malta 2
Union 101
TAC Not relevant
Scientific name Alpha-3 code Common name
Aristaeomorpha foliacea ARS Giant red shrimp
Aristeus antennatus ARA Blue and red shrimp
Member State Gear Number of vessels kW GT
Greece OTB 240 69 281 23 101
Italy OTB 410 95 996 22 252
Malta OTB 15 5 562 2 007
Species: Giant red shrimpAristaeomorpha foliacea Zone: GSAs 19, 20 and 21 (ARS/GF 19-21)
Greece 33 Analytical catch limit
Italy 303
Malta 45
Union 381
TAC Not relevant
Species: Blue and red shrimpAristeus antennatus Zone: GSAs 19, 20 and 21 (ARA/GF 19-21)
Greece 14,5 Analytical catch limit
Italy 242,5
Malta 0
Union 257
TAC Not relevant
Member State Gear Number of vessels kW GT
Cyprus OTB 6 2 048 618
Italy OTB 80 37 192 13 199
Species: Giant red shrimpAristaeomorpha foliacea Zone: GSAs 24, 25, 26 and 27 (ARS/GF 24-27)
Italy 46,4 Precautionary catch limit
Cyprus 11,6
Union 58
TAC Not relevant
Species: Blue and red shrimpAristeus antennatus Zone: GSAs 24, 25, 26 and 27 (ARA/GF 24-27)
Italy 9,4 Precautionary catch limit
Cyprus 5,6
Union 15
TAC Not relevant
Species: Blackspot seabreamPagellus bogaraveo Zone: Union waters in the Alboran Sea – GSAs 1, 2 and 3 (SBR/GF 1-3)
Spain 29,76 Maximum level of catches
Union 29,76
TAC Not relevant
Member State Blackspot seabream in GSAs 1, 2 and 3
Spain 82
Scientific name Alpha-3 code Common name
Sprattus sprattus SPR Sprat
Scophthalmus maximus TUR Turbot
Species: SpratSprattus sprattus Zone: Union waters in the Black Sea – GSA 29(SPR/F3742C)
Bulgaria 8 032,50 Analytical TACArticle 3(2) and (3) of Regulation (EC) No 847/96 shall not apply.Article 4 of Regulation (EC) No 847/96 shall not apply.
Romania 3 442,50
Union 11 475
TAC Not relevant
Species: TurbotScophthalmus maximus Zone: Union waters in the Black Sea – GSA 29(TUR/F3742C)
Bulgaria 95 Analytical TACArticle 3(2) and 3(3) of Regulation (EC) No 847/96 shall not apply.Article 4 of Regulation (EC) No 847/96 shall not apply.
Romania 75
Union 170 (*1)
TAC 857
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,
Having regard to the proposal from the European Commission,
(1) Article 6 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council(1)requires that conservation measures be adopted taking into account available scientific, technical and economic advice, including, where relevant, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF), as well as advice received from advisory councils.
(2) The Council is to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked to those fishing opportunities, as appropriate. Article 16(4) of Regulation (EU) No 1380/2013 provides that fishing opportunities are to be fixed in accordance with the objectives of the Common Fisheries Policy (CFP) set out in Article 2(2) of that Regulation. Article 16(1) of Regulation (EU) No 1380/2013 provides that fishing opportunities are to be allocated to Member States in such a way as to ensure the relative stability of fishing activities of each Member State for each fish stock or fishery.
(3) Therefore, in accordance with Regulation (EU) No 1380/2013, total allowable catches (TACs) should be set on the basis of available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as the opinions expressed during consultations with stakeholders.
(4) Regulation (EU) 2019/1022 of the European Parliament and of the Council(2)established a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea. That plan aims to reach and maintain the maximum sustainable yield (MSY) for target stocks, ensuring that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the MSY.
(5) In accordance with Article 4(1) of Regulation (EU) 2019/1022, fishing opportunities for stocks listed in Article 1 of that Regulation are to be fixed to achieve fishing mortality at MSY on a progressive, incremental basis by 2020, where possible, and by 1 January 2025 at the latest. Fishing opportunities are to be expressed as maximum allowable fishing effort for trawlers and longliners and fixed in accordance with the fishing effort regime laid down in Article 7 of Regulation (EU) 2019/1022, as well as maximum catch limits for blue and red shrimp (Aristeus antennatus) and giant red shrimp (Aristaeomorpha foliacea) in deep waters in accordance with scientific advice and with Article 7(3), point (b), of that Regulation.
(6) STECF advised that, in order to attain the MSY targets in 2025 for all the western Mediterranean fish stocks, further action is needed and a significant reduction of fishing mortality is necessary for trawlers. Based on such advice, for 2024 the maximum allowable fishing effort for trawlers in the western Mediterranean Sea should be reduced by 9,5 % compared to the baseline between 2015 and 2017, to be deducted from the maximum allowable fishing effort set for 2023 by Council Regulation (EU) 2023/195(3).
(7) In 2023, STECF advised that longliners have an impact on spawners given that longliners contribute to 7 % of the hake landings in General Fisheries Commission for the Mediterranean (GFCM) geographical subareas (GSAs) 1, 2, 5, 6 and 7, 13 % of the total landings in GSA 10 and 6 % in GSAs 8, 9, 10 and 11. In 2023, STECF also advised that the spawning stock biomass of hake in GSAs 1, 5, 6 and 7 and in GSAs 8, 9, 10 and 11 is still below the conservation limit reference point (BLIM), within the meaning of Article 2(10) of Regulation (EU) 2019/1022 and that catches be reduced by at least 89 % in GSAs 1, 5, 6 and 7 and 40 % in GSAs 8, 9, 10 and 11, in order to reach FMSYin 2024. It is therefore appropriate to maintain, for 2024, the maximum allowable fishing effort for longliners at the same levels set for 2023 by Regulation (EU) 2023/195, on the basis of Article 7(5) of Regulation (EU) 2019/1022.
(8) In 2023, STECF advised that the fishing mortality of blue and red shrimps in GSAs 1, 2, 5, 6 and 7 remains far from sustainable levels and further management measures are thus required. In particular, STECF advised that, in order to reach FMSYby 2024, catches should be reduced on average by 58 %, and specifically 56 % in GSAs 1 and 2, 59 % in GSA 5 and 61 % in GSAs 6 and 7. In accordance with Article 7(3), point (b), of Regulation (EU) 2019/1022, it is therefore appropriate to complement the fishing effort regime with maximum catch limits. The maximum catch limits for blue and red shrimp in GSAs 1, 2, 5, 6 and 7 should be reduced by 5 % compared to the fishing opportunities set for 2023 by Regulation (EU) 2023/195.
(9) In 2023, STECF advised that further management measures for blue and red shrimp in GSAs 8, 9, 10 and 11 are required and advised decreasing the total catch by 39 %. It is therefore appropriate to complement the fishing effort regime with maximum catch limits. The maximum catch limits for blue and red shrimp in GSAs 8, 9, 10 and 11 should be reduced by 3 % compared to the fishing opportunities set for 2023 by Regulation (EU) 2023/195.
(10) In 2023, STECF advised that further management measures for giant red shrimp in GSAs 8, 9, 10 and 11 are required and advised decreasing the total catch by 31 %. It is therefore appropriate to complement the fishing effort regime with maximum catch limits. The maximum catch limits of giant red shrimp in GSAs 8, 9, 10 and 11 should be reduced by 3 % compared to the fishing opportunities set for 2023 by Regulation (EU) 2023/195.
(11) At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/5 on a multiannual management plan for sustainable demersal fisheries in the Adriatic Sea (GFCM geographical subareas 17 and 18), which introduced from 2020 to 2026 a fishing effort regime and a fleet capacity ceiling for certain demersal stocks. Those measures that relate to 2024 should be implemented in Union law.
(12) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/6 on the implementation of a fishing effort regime for key demersal stocks in the Adriatic Sea in 2024 (GSAs 17 and 18), stemming from Recommendation GFCM/43/2019/5. Recommendation GFCM/46/2023/6 provides for a reduction of the fishing effort regime for otter-trawlers by 4 % and a roll-over of the 2023 effort levels for beam-trawlers. In order to implement those measures into Union law, 4 % should therefore be deducted from the maximum allowable fishing effort for otter-trawlers set for 2023 by Regulation (EU) 2023/195 and the maximum allowable fishing effort for beam-trawlers should be kept at 2023 levels.
(13) At its 44th annual meeting in 2021, the GFCM adopted Recommendation GFCM/44/2021/20 on a multiannual management plan for the sustainable exploitation of small pelagic stocks in the Adriatic Sea (GFCM geographical subareas 17 and 18), which introduced from 2022 to 2029 a maximum level of catches and a related fleet capacity ceiling for purse seiners and pelagic trawlers targeting small pelagics, with a derogation for the national fleets of less than 10 purse seiners or pelagic trawlers actively fishing for small pelagic stocks. Those measures that relate to 2024 should be implemented in Union law.
(14) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/5 on the extension of the transitional fishing regime and the establishment of a catch limit for 2024 for small pelagic stocks in the Adriatic Sea (GSAs 17 and 18), stemming from Recommendation GFCM/44/2021/20. Recommendation GFCM/46/2023/5 provides for a reduction of the catches for small pelagics with 5 % for anchovy and 9 % for sardines compared to 2023 levels. In order to implement those measures into Union law, 5 % for anchovy and 9 % for sardines should therefore be deducted from the maximum level of catches set for 2023 by Regulation (EU) 2023/195.
(15) Taking into account the particularities of the Slovenian fleet and its marginal impact on the stocks of small pelagic and demersal stocks, and in accordance with paragraph 33 of Recommendation GFCM/44/2021/20 and paragraph 13 of Recommendation GFCM/43/2019/5, it is appropriate to preserve existing fishing patterns and to ensure access by the Slovenian fleet to a minimum quantity of small pelagic species and a minimum effort allocation for demersal stocks.
(16) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/16 on a long-term management plan for European eel. That Recommendation maintains, for 2024, the existing transitional measures, six-month closure period and ban on recreational fishing. Furthermore, that Recommendation provides that Contracting Parties are to implement additional measures to reduce the fishing mortality of glass eel by at least 30 % in 2024 compared to the reference period 2019–2021. Those measures are to apply to all marine waters of the Mediterranean Sea, to freshwaters and to brackish waters such as estuaries, coastal lagoons and transitional waters, in accordance with that Recommendation. Those measures should be implemented in Union law.
(17) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/13 on a management plan for the sustainable exploitation of red coral (Corallium rubrum) in the Mediterranean Sea (geographical subareas 1 to 27), which extended by one year the provisions of Recommendation GFCM/43/2019/4 that introduced a freezing of fishing effort expressed as a maximum number of fishing authorisations, and harvest limits for red coral. Those measures should be implemented in Union law.
(18) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/14 on a multiannual management plan for the sustainable exploitation of common dolphinfish (Coryphaena hippurus) in the Mediterranean Sea (geographical subareas 1 to 27). That Recommendation introduced, consistent with the precautionary approach and for the transitional period of 2024 to 2026, a fleet capacity ceiling, a freeze of fish aggregating devices (FADs) capacity per vessel, a catch limit and a temporal closure. For recreational fisheries, Recommendation GFCM/46/2023/14 further provides that a daily bag limit is to be observed as well as a prohibition period for commercial fisheries. Those measures should be implemented in Union law for the transitional period of 2024 to 2026. Those measures are without prejudice to the management measures that will be proposed by the Scientific Advisory Committee within GFCM for the long-term management plan for the period 2027–2031.
(19) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/4 on a multiannual management plan for the sustainable exploitation of demersal stocks in the Strait of Sicily (geographical subareas 12 to 16), repealing Recommendations GFCM/44/2021/12 and GFCM/42/2018/5. Recommendation GFCM/45/2022/4 introduced an effort regime for hake (Merluccius merluccius) and catch limits for deep-water rose shrimps (Parapenaeus longirostris), as well as a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for deep-water rose shrimps. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum allowable catch limits for deep-water rose shrimp set for 2023 by Regulation (EU) 2023/195.
(20) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/5 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Strait of Sicily (geographical subareas 12 to 16), repealing Recommendations GFCM/44/2021/7 and GFCM/43/2019/6. Recommendation GFCM/45/2022/5 introduced a catch limit and a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum allowable catch limits for giant red shrimp and blue and red shrimp set for 2023 by Regulation (EU) 2023/195.
(21) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/6 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Ionian Sea (geographical subareas 19 to 21), repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. Recommendation GFCM/45/2022/6 introduced a catch limit and a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum allowable catch limits for giant red shrimp and blue and red shrimp set for 2023 by Regulation (EU) 2023/195.
(22) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/7 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Levant Sea (geographical subareas 24 to 27), repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. Recommendation GFCM/45/2022/7 introduced a catch limit and a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum allowable catch limits set for giant red shrimp and blue and red shrimp for 2023 by Regulation (EU) 2023/195.
(23) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/3 on a multiannual management plan for the sustainable exploitation of blackspot seabream (Pagellus bogaraveo) in the Alboran Sea (geographical subareas 1 to 3), repealing Recommendations GFCM/44/2021/4, GFCM/43/2019/2 and GFCM/41/2017/2. Recommendation GFCM/45/2022/3 introduced maximum levels of catches for 2023, 2024 and 2025, a maximum number of longliners and handlines authorised and new measures for recreational fisheries. In order to implement those measures in Union law, 7 % should therefore be deducted from the maximum allowable catch limits set for blackspot seabream for 2023 by Regulation (EU) 2023/195.
(24) At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/3 amending Recommendation GFCM/41/2017/4 on a multiannual management plan for turbot (Scophthalmus maximus) fisheries in the Black Sea (GFCM geographical subarea 29). Recommendation GFCM/43/2019/3 introduced from 2020 to 2024 an updated regional TAC and a quota allocation scheme for turbot, as well as further conservation measures, in particular a two-month closure period and a limitation of fishing days to 180 days per year. In accordance with Recommendation GFCM/43/2019/3, those further conservation measures are functionally linked to the fishing opportunities, as, without those measures in place, the TAC level for turbot would have to be reduced to ensure its recovery. Those measures should be implemented in Union law.
(25) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/7 on a multiannual management plan for turbot fisheries in the Black Sea (geographical subarea 29), amending Recommendation GFCM/43/2019/3. That Recommendation maintained the existing TAC until 31 December 2024. Those measures should be implemented in Union law.
(26) At its 46th annual meeting in 2023, the GFCM approved a carry-over of the unused Union quota for turbot in 2022, in view of the exceptional situation created by the regional context in the Black Sea. That measure should be implemented in Union law. The distribution of the fishing opportunities arising from that under-utilisation should be carried out on the basis of the respective contribution of each Member State towards the under-utilisation, without modifying the distribution key established by Regulation (EU) 2023/195 concerning the annual allocation of TACs.
(27) Based on the scientific advice provided by the GFCM Working Group for the Black Sea, the current level of fishing mortality of sprat (Sprattus sprattus) should be maintained to ensure the sustainability of sprat stocks in the Black Sea. It is therefore appropriate to continue setting an autonomous quota for those stocks.
(28) The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009(4), and in particular to Articles 33 and 34 thereof concerning the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.
(29) In order to promote the use of selective gears and to establish efficient closure areas to protect juveniles and spawners, Council Regulation (EU) 2022/110(5)established a compensation mechanism in relation to the effort regime for trawlers. As STECF continues to recommend in 2024 the further improvement of selectivity of fishing gear and of efficient closure areas to protect juvenile fish and spawners, it is appropriate to allocate 4,5 % of fishing days. If a vessel fulfils two conditions, a Member State may increase the additional allocation of fishing days to 5 %. If a vessel fulfils at least three conditions, a Member State may increase the additional allocation of fishing days to 6 %.
(30) Council Regulation (EC) No 847/96(6)provides for additional conditions for the year-to-year management of TACs including, under Articles 3 and 4 thereof, flexibility provisions for precautionary and analytical TACs. Under Article 2 of that Regulation, when establishing TACs the Council is to decide which stocks will not be subject to Articles 3 and 4 of that Regulation, in particular on the basis of the biological status of stocks. Therefore, to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of living marine biological resources, hinder the achievement of the objectives of the CFP and cause the biological status of stocks to deteriorate, it should be made explicit that Article 3(2) and (3) and Article 4 of Regulation (EC) No 847/96 apply to analytical TACs only where the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 is not used.
(31) In order to avoid the interruption of fishing activities and to ensure the livelihood of Union fishers, this Regulation should apply from 1 January 2024. For reasons of urgency, this Regulation should enter into force on the day following that of its publication,
HAS ADOPTED THIS REGULATION:

Scope
Article 1
1. This Regulation applies to Union fishing vessels operating in the Mediterranean and Black Seas and exploiting the following fish stocks:
(a)
European eel (Anguilla anguilla), red coral (Corallium rubrum) and common dolphinfish (Coryphaena hippurus) in the Mediterranean Sea;
(b)
blue and red shrimp (Aristeus antennatus), deep-water rose shrimp (Parapenaeus longirostris), giant red shrimp (Aristaeomorpha foliacea), European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus) and red mullet (Mullus barbatus) in the western Mediterranean Sea;
(c)
anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus) in the Adriatic Sea;
(d)
European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus), common sole (Solea solea), deep-water rose shrimp (Parapenaeus longirostris) and red mullet (Mullus barbatus) in the Adriatic Sea;
(e)
European hake (Merluccius merluccius) and deep-water rose shrimp (Parapenaeus longirostris) in the Strait of Sicily;
(f)
giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Strait of Sicily, in the Ionian Sea and in the Levant Sea;
(g)
blackspot seabream (Pagellus bogaraveo) in the Alborean Sea;
(h)
sprat (Sprattus sprattus) and turbot (Scophthalmus maximus) in the Black Sea.
2. This Regulation also applies to other Union fishing activities, including recreational fisheries, where they are expressly referred to in the relevant provisions.

Definitions
Article 2
For the purposes of this Regulation, the definitions laid down in Article 4(1) of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply:
(a)
‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;
(b)
‘recreational fisheries’ means non-commercial fishing activities exploiting marine living aquatic resources for recreation, tourism or sport;
(c)
‘total allowable catch’ (TAC) means:
(i)
in fisheries subject to the exemption of the landing obligation referred to in Article 15(4) to (7) of Regulation (EU) No 1380/2013, the quantity of fish that can be landed from each stock each year;
(ii)
in all other fisheries, the quantity of fish that can be caught from each stock over the period of a year;
(d)
‘quota’ means a proportion of the TAC allocated to the Union or a Member State;
(e)
‘Union autonomous quota’ means a catch limit autonomously allocated to Union fishing vessels in the absence of an agreed TAC;
(f)
‘analytical quota’ means a Union autonomous quota for which an analytical assessment is available;
(g)
‘analytical assessment’ means a quantitative evaluation of trends in a given stock, based on data about the stock’s biology and exploitation, which scientific review has indicated to be of sufficient quality to provide scientific advice on options for future catches;
(h)
‘fish aggregating device’ (FAD) means any anchored equipment floating on the sea surface with the objective of attracting fish.

Fishing zones
Article 3
For the purposes of this Regulation, the following geographical zone definitions apply:
(a)
‘GFCM geographical subareas’ mean the areas defined in Annex I to Regulation (EU) 2023/2124 of the European Parliament and of the Council(7);
(b)
‘Mediterranean Sea’ means the waters in GFCM geographical subareas 1 to 27, as defined in Annex I to Regulation (EU) 2023/2124;
(c)
‘western Mediterranean Sea’ means the waters in GFCM geographical subareas 1, 2, 5, 6, 7, 8, 9, 10 and 11, as defined in Annex I to Regulation (EU) 2023/2124;
(d)
‘Adriatic Sea’ means the waters in GFCM geographical subareas 17 and 18, as defined in Annex I to Regulation (EU) 2023/2124;
(e)
‘Strait of Sicily’ means the waters in GFCM geographical subareas 12, 13, 14, 15 and 16, as defined in Annex I to Regulation (EU) 2023/2124;
(f)
‘Ionian Sea’ means the waters in GFCM geographical subareas 19, 20 and 21, as defined in Annex I to Regulation (EU) 2023/2124;
(g)
‘Levant Sea’ means the waters in GFCM geographical subareas 24, 25, 26 and 27, as defined in Annex I to Regulation (EU) 2023/2124;
(h)
‘Alboran Sea’ means the waters in GFCM geographical subareas 1, 2 and 3, as defined in Annex I to Regulation (EU) 2023/2124;
(i)
‘Black Sea’ means the waters in GFCM geographical subarea 29, as defined in Annex I to Regulation (EU) 2023/2124.

European eel
Article 4
1. This Article applies to the GFCM geographical subareas 1 to 27, to brackish waters and to freshwaters. Brackish waters include estuaries, coastal lagoons and transitional waters.
2. It shall be prohibited to engage in commercial fishing activities for European eel, either as a targeted species or as incidental by-catch, at all life stages for a period of at least six months. To that effect, each Member State concerned shall determine one or more closure periods subject to the following:
(a)
where appropriate, the closure period or periods may differ within one Member State from one fishing area to another in order to take account of the geographical and temporal migration pattern of eel at its different life stages;
(b)
the closure period or periods shall last either at least six consecutive months, or a total of six months in accordance with the conditions set out in paragraph 3; and
(c)
the closure period or periods shall be consistent with the conservation objectives set out in Council Regulation (EC) No 1100/2007(8), with national management plans in place and with the temporal migration patterns of European eel at the respective life stage in the Member State concerned.
3. The closure period shall be from 1 January to 31 March 2024, and an additional closure period of three months shall be established by each Member State concerned to take place between 1 April and 30 November 2024.
4. Recreational fisheries of European eel at all life stages shall be prohibited.
5. Member States shall implement additional measures to reduce the fishing mortality for European eel of an overall length of less than 12 cm. That reduction shall represent a decrease of at least 30 % compared to the reference period 2019–2021.
6. Each Member State concerned shall inform the Commission of:
(a)
the closure period or closure periods that it has determined in accordance with paragraphs 2 and 3 by 1 March 2024;
(b)
the national measures relating to the closure period or closure periods that it has determined in accordance with paragraphs 2 and 3 within two weeks after their adoption; and
(c)
the measures established in accordance with paragraph 5 by 31 March 2024.

Red coral
Article 5
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities harvesting red coral (Corallium rubrum), namely targeted and recreational fisheries in the Mediterranean Sea.
2. For targeted fisheries, the maximum number of fishing authorisations and the maximum quantities of red coral stocks harvested by Union fishing vessels and Union harvesting activities shall not exceed the levels set out in Annex I.
3. It shall be prohibited for Union fishing vessels subject to paragraph 2 to tranship red coral at sea.
4. For recreational fisheries, Member States shall take the necessary measures to prohibit the catch and retention on board, transhipment or landing of red coral.

Common dolphinfish
Article 6
1. This Article applies to all commercial pelagic fishing activities by Union fishing vessels targeting common dolphinfish (Coryphaena hippurus) by using FADs in the Mediterranean Sea. It also applies to recreational fisheries of common dolphinfish in the Mediterranean Sea.
2. The maximum fleet capacity, expressed in number of vessels, kW and gross tonnage (GT), of Union fishing vessels authorised to fish for common dolphinfish is set out in Annex II.
3. The maximum number of FADs per vessel authorised to fish for common dolphinfish is set out in Annex II.
4. The maximum level of catches of common dolphinfish shall not exceed the levels set out in Annex II.
5. For recreational fisheries, the maximum number of catches shall be limited to 10 kg or five fish of any size per person per day, and during the period from 15 August to 31 December.

Demersal stocks
Article 7
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching demersal stocks referred to in Article 1(2) of Regulation (EU) 2019/1022 in the western Mediterranean Sea.
2. The maximum allowable fishing effort for trawlers and longliners is set out in Annex III to this Regulation. Member States shall manage the maximum allowable fishing effort in accordance with Article 9 of Regulation (EU) 2019/1022 and Articles 26 to 34 of Regulation (EC) No 1224/2009.
3. The allocation among Member States of maximum catch limits for Union fishing vessels in Union waters of the western Mediterranean Sea is also set out in Annex III.
4. The allocation of fishing opportunities by Member States, as set out in this Article and Annex III, shall fulfil the following conditions:
(a)
it shall be in accordance with the criteria set out in Article 17 of Regulation (EU) No 1380/2013;
(b)
it shall be without prejudice to:
(i)
exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013;
(ii)
deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;
(iii)
additional landings allowed under Article 3 of Regulation (EC) No 847/96 or under Article 15(9) of Regulation (EU) No 1380/2013;
(iv)
quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 or transferred under Article 15(9) of Regulation (EU) No 1380/2013;
(v)
deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009.

Compensation mechanism
Article 8
1. For the fleet segment concerned, a Member State may grant in 2024 to vessels flying its flag an additional allocation of fishing days of 4,5 %, calculated in accordance with paragraph 4, provided that the vessel flying its flag fulfils one of the following conditions:
(a)
the vessel uses a trawl net with 45 mm square-mesh codend in order to reduce by at least 25 % catches of the juveniles of hake;
(b)
the vessel uses a trawl net with a 50 mm square-mesh codend for deep-water fisheries in order to reduce by at least 25 % catches of blue and red shrimps with a carapace length (CL) of less than 25 mm in geographical subareas 1, 2, 5, 6, 7, 8, 9, 10 and 11 and to reduce by at least 25 % catches of giant red shrimps with a CL of less than 35 mm in the geographical subareas 8, 9, 10 and 11;
(c)
the vessel uses a regulated highly selective gear, the technical specifications of which result in, according to the scientific study by STECF, a reduction of at least 25 % of catches of juveniles of all demersal species or at least 20 % of catches of spawners of all demersal species compared to 2020, such as a sorting grid of at least 20 mm spacing;
(d)
the Member State concerned has established temporary closure areas in order to reduce by at least 25 % catches of juveniles of all demersal species or by at least 20 % catches of spawners of all demersal species;
(e)
the Member State concerned has adopted a new minimum conservation reference size for hake of at least 26 cm, and has secured the enforcement of appropriate technical measures to comply with this minimum conservation reference size, in order to progressively reach the length at first maturity and improve hake stocks status;
(f)
the Member State concerned has adopted a new minimum conservation reference size for blue and red shrimp (Aristeus antennatus) of at least 25 mm CL and for giant red shrimp (Aristaeomorpha foliacea) of at least 35 mm CL, and has secured the enforcement of appropriate technical measures to comply with those minimum conservation reference sizes, in order to progressively reach the length at first maturity and improve stocks status;
(g)
the Member State concerned has set a closure period of at least four continuous weeks for fishing activities with trawlers in the areas and periods recognised as important, on the basis of the best available scientific advice, for the protection of spawners of hake stocks; such areas shall also account for spatial patterns of spawners’ distribution, including depths from 150 m to 500 m; the periods of the temporary fishing closure shall be from February to March and from October to November;
(h)
the Member State concerned has set a closure for fishing activities using twin trawlers;
(i)
the Member State concerned has set a closure for fishing activity with trawlers at a depth higher than 800 m;
(j)
the Member State concerned has established permanent closure areas in order to reduce by at least 25 % catches of juveniles of all demersal species or by at least 20 % catches of spawners of all demersal species;
(k)
the vessel uses a trawl with flying or mid-waters doors or other doors which reduce the contact of the doors and the gear with the seabed, to preserve the essential fish habitats of the demersal species;
(l)
the Member State concerned has set a closure period of at least four continuous weeks for fishing activities with trawlers in the areas and periods recognised as important, on the basis of the best available scientific advice, for the protection of blue and red shrimp and/or giant red shrimp.
2. If a vessel fulfils two of the conditions set out in paragraph 1, a Member State may increase the additional allocation of fishing days to 5 %, calculated in accordance with paragraph 4.
3. If a vessel fulfils at least three of the conditions set out in paragraph 1, a Member State may increase the additional allocation of fishing days to 6 %, calculated in accordance with paragraph 4.
4. The additional allocation of fishing days shall be calculated from the maximum effort allowed in the baseline between 2015 and 2017 for the relevant fleet segment of the Member State concerned as from 1 January 2024.
5. The Member State concerned shall notify to the Commission the list of fishing vessels concerned by such an additional allocation of fishing days, as well as the related number of additional fishing days.
6. The Member State concerned shall also separately notify every month to the Commission the effort deployed to be counted against the additional allocation referred to in paragraphs 1, 2 and 3 by using the specific reporting codes for that allocation.
7. The Member State concerned shall submit to the Commission, by 15 October at the latest, all available information related to the implementation of the measures referred to in paragraph 1.

Data recording and transmission
Article 9
1. Member States shall record and transmit the fishing effort data to the Commission in accordance with Article 10 of Regulation (EU) 2019/1022.
2. When submitting fishing effort data to the Commission under paragraph 1, Member States shall use the fishing effort group codes set out in Annex III.

Small pelagic stocks
Article 10
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching sardine (Sardina pilchardus) and anchovy (Engraulis encrasicolus) in the Adriatic Sea.
2. The maximum level of catches shall not exceed the levels set out in Annex IV.
3. The maximum fleet capacity, expressed in kW, GT and number, of Union fishing vessels authorised to fish small pelagic stocks is set out in Annex IV.
4. Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply where a Member State uses the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013.

Demersal stocks
Article 11
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus), common sole (Solea solea), deep-water rose shrimp (Parapenaeus longirostris) and red mullet (Mullus barbatus) in the Adriatic Sea.
2. The maximum allowable fishing effort for demersal stocks and the maximum fleet capacity within the scope of this Article is set out in Annex IV.
3. A Member State may amend its fishing effort allocation as set out in Annex IV by transferring fishing days across fishing effort groups of the same geographical area and/or gear, provided that it applies a national conversion factor which is supported by the best available scientific advice.
4. Member States shall manage the maximum allowable effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.

Data transmission
Article 12
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in Annex IV of this Regulation.

Demersal stocks
Article 13
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching European hake (Merluccius merluccius) and deep-water rose shrimp (Parapenaeus longirostris) in the Strait of Sicily.
2. The maximum level of catches of deep-water rose shrimp shall not exceed the levels set out in Annex V.
3. The maximum allowable fishing effort for European hake and the maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish for demersal stocks within the scope of this Article are set out in Annex V.
4. Member States shall manage the maximum allowable fishing effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.

Deep-water shrimps
Article 14
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Strait of Sicily.
2. The maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish for demersal stocks within the scope of this Article is set out in Annex V.
3. The maximum level of catches shall not exceed the levels set out in Annex V.

Data transmission
Article 15
Where, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in Annex V of this Regulation.

Deep-water shrimps
Article 16
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Ionian Sea and in the Levant Sea.
2. The maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish for demersal stocks within the scope of this Article is set out in Annex VI.
3. The maximum level of catches shall not exceed the levels set out in Annex VI.

Blackspot seabream
Article 17
1. This Article applies to commercial and recreational fishing with longlines and handlines by Union fishing vessels catching blackspot seabream (Pagellus bogaraveo) in the Alboran Sea.
2. The maximum level of catches shall not exceed the levels set out in Annex VII.
3. The maximum number of longliners and handlines authorised to fish for blackspot seabream is set out in Annex VII.
4. For recreational fishing activities, the maximum number of catches shall be limited to one fish per fisher per day. The minimum conservation reference size of 40 cm for blackspot seabream shall apply to recreational fisheries in the Alboran Sea. Recreational fishing for that species shall be prohibited during the closure period of commercial fisheries set at national level.

Allocation of fishing opportunities for sprat
Article 18
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching sprat (Sprattus sprattus) in the Black Sea.
2. The Union autonomous quota for sprat, the allocation of such quota among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex VIII.
3. Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply where a Member State uses the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013.

Allocation of fishing opportunities for turbot
Article 19
1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching turbot (Scophthalmus maximus)in the Black Sea.
2. The TAC for turbot applicable in Union waters in the Black Sea, the allocation of such TAC among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex VIII.
3. Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply where a Member State uses the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013.

Management of fishing effort for turbot
Article 20
Union fishing vessels authorised to fish for turbot within the scope of Article 18, irrespective of the vessels’ length overall, shall not exceed 180 fishing days per year.

Closure period for turbot
Article 21
It shall be prohibited for Union fishing vessels to carry out any fishing activity, including transhipment, retaining on board, landing and first sale, of turbot in Union waters in the Black Sea from 15 April to 15 June.

Special provisions on allocations of fishing opportunities in the Black Sea
Article 22
The allocation of fishing opportunities among Member States as set out in Articles 17 and 18 shall be without prejudice to:
(a)
exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013;
(b)
deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;
(c)
deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009.

Data transmission
Article 23
Where, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to landings of quantities of stocks of sprat and turbot caught in Union waters in the Black Sea, they shall use the stock codes set out in Annex VIII of this Regulation.

Entry into force and application
Article 24
This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January 2024 to 31 December 2024.

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,
Having regard to the proposal from the European Commission,
(1) Article 6 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council(1)requires that conservation measures be adopted taking into account available scientific, technical and economic advice, including, where relevant, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF), as well as advice received from advisory councils.
(2) The Council is to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked to those fishing opportunities, as appropriate. Article 16(4) of Regulation (EU) No 1380/2013 provides that fishing opportunities are to be fixed in accordance with the objectives of the Common Fisheries Policy (CFP) set out in Article 2(2) of that Regulation. Article 16(1) of Regulation (EU) No 1380/2013 provides that fishing opportunities are to be allocated to Member States in such a way as to ensure the relative stability of fishing activities of each Member State for each fish stock or fishery.
(3) Therefore, in accordance with Regulation (EU) No 1380/2013, total allowable catches (TACs) should be set on the basis of available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as the opinions expressed during consultations with stakeholders.
(4) Regulation (EU) 2019/1022 of the European Parliament and of the Council(2)established a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea. That plan aims to reach and maintain the maximum sustainable yield (MSY) for target stocks, ensuring that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the MSY.
(5) In accordance with Article 4(1) of Regulation (EU) 2019/1022, fishing opportunities for stocks listed in Article 1 of that Regulation are to be fixed to achieve fishing mortality at MSY on a progressive, incremental basis by 2020, where possible, and by 1 January 2025 at the latest. Fishing opportunities are to be expressed as maximum allowable fishing effort for trawlers and longliners and fixed in accordance with the fishing effort regime laid down in Article 7 of Regulation (EU) 2019/1022, as well as maximum catch limits for blue and red shrimp (Aristeus antennatus) and giant red shrimp (Aristaeomorpha foliacea) in deep waters in accordance with scientific advice and with Article 7(3), point (b), of that Regulation.
(6) STECF advised that, in order to attain the MSY targets in 2025 for all the western Mediterranean fish stocks, further action is needed and a significant reduction of fishing mortality is necessary for trawlers. Based on such advice, for 2024 the maximum allowable fishing effort for trawlers in the western Mediterranean Sea should be reduced by 9,5 % compared to the baseline between 2015 and 2017, to be deducted from the maximum allowable fishing effort set for 2023 by Council Regulation (EU) 2023/195(3).
(7) In 2023, STECF advised that longliners have an impact on spawners given that longliners contribute to 7 % of the hake landings in General Fisheries Commission for the Mediterranean (GFCM) geographical subareas (GSAs) 1, 2, 5, 6 and 7, 13 % of the total landings in GSA 10 and 6 % in GSAs 8, 9, 10 and 11. In 2023, STECF also advised that the spawning stock biomass of hake in GSAs 1, 5, 6 and 7 and in GSAs 8, 9, 10 and 11 is still below the conservation limit reference point (BLIM), within the meaning of Article 2(10) of Regulation (EU) 2019/1022 and that catches be reduced by at least 89 % in GSAs 1, 5, 6 and 7 and 40 % in GSAs 8, 9, 10 and 11, in order to reach FMSYin 2024. It is therefore appropriate to maintain, for 2024, the maximum allowable fishing effort for longliners at the same levels set for 2023 by Regulation (EU) 2023/195, on the basis of Article 7(5) of Regulation (EU) 2019/1022.
(8) In 2023, STECF advised that the fishing mortality of blue and red shrimps in GSAs 1, 2, 5, 6 and 7 remains far from sustainable levels and further management measures are thus required. In particular, STECF advised that, in order to reach FMSYby 2024, catches should be reduced on average by 58 %, and specifically 56 % in GSAs 1 and 2, 59 % in GSA 5 and 61 % in GSAs 6 and 7. In accordance with Article 7(3), point (b), of Regulation (EU) 2019/1022, it is therefore appropriate to complement the fishing effort regime with maximum catch limits. The maximum catch limits for blue and red shrimp in GSAs 1, 2, 5, 6 and 7 should be reduced by 5 % compared to the fishing opportunities set for 2023 by Regulation (EU) 2023/195.
(9) In 2023, STECF advised that further management measures for blue and red shrimp in GSAs 8, 9, 10 and 11 are required and advised decreasing the total catch by 39 %. It is therefore appropriate to complement the fishing effort regime with maximum catch limits. The maximum catch limits for blue and red shrimp in GSAs 8, 9, 10 and 11 should be reduced by 3 % compared to the fishing opportunities set for 2023 by Regulation (EU) 2023/195.
(10) In 2023, STECF advised that further management measures for giant red shrimp in GSAs 8, 9, 10 and 11 are required and advised decreasing the total catch by 31 %. It is therefore appropriate to complement the fishing effort regime with maximum catch limits. The maximum catch limits of giant red shrimp in GSAs 8, 9, 10 and 11 should be reduced by 3 % compared to the fishing opportunities set for 2023 by Regulation (EU) 2023/195.
(11) At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/5 on a multiannual management plan for sustainable demersal fisheries in the Adriatic Sea (GFCM geographical subareas 17 and 18), which introduced from 2020 to 2026 a fishing effort regime and a fleet capacity ceiling for certain demersal stocks. Those measures that relate to 2024 should be implemented in Union law.
(12) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/6 on the implementation of a fishing effort regime for key demersal stocks in the Adriatic Sea in 2024 (GSAs 17 and 18), stemming from Recommendation GFCM/43/2019/5. Recommendation GFCM/46/2023/6 provides for a reduction of the fishing effort regime for otter-trawlers by 4 % and a roll-over of the 2023 effort levels for beam-trawlers. In order to implement those measures into Union law, 4 % should therefore be deducted from the maximum allowable fishing effort for otter-trawlers set for 2023 by Regulation (EU) 2023/195 and the maximum allowable fishing effort for beam-trawlers should be kept at 2023 levels.
(13) At its 44th annual meeting in 2021, the GFCM adopted Recommendation GFCM/44/2021/20 on a multiannual management plan for the sustainable exploitation of small pelagic stocks in the Adriatic Sea (GFCM geographical subareas 17 and 18), which introduced from 2022 to 2029 a maximum level of catches and a related fleet capacity ceiling for purse seiners and pelagic trawlers targeting small pelagics, with a derogation for the national fleets of less than 10 purse seiners or pelagic trawlers actively fishing for small pelagic stocks. Those measures that relate to 2024 should be implemented in Union law.
(14) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/5 on the extension of the transitional fishing regime and the establishment of a catch limit for 2024 for small pelagic stocks in the Adriatic Sea (GSAs 17 and 18), stemming from Recommendation GFCM/44/2021/20. Recommendation GFCM/46/2023/5 provides for a reduction of the catches for small pelagics with 5 % for anchovy and 9 % for sardines compared to 2023 levels. In order to implement those measures into Union law, 5 % for anchovy and 9 % for sardines should therefore be deducted from the maximum level of catches set for 2023 by Regulation (EU) 2023/195.
(15) Taking into account the particularities of the Slovenian fleet and its marginal impact on the stocks of small pelagic and demersal stocks, and in accordance with paragraph 33 of Recommendation GFCM/44/2021/20 and paragraph 13 of Recommendation GFCM/43/2019/5, it is appropriate to preserve existing fishing patterns and to ensure access by the Slovenian fleet to a minimum quantity of small pelagic species and a minimum effort allocation for demersal stocks.
(16) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/16 on a long-term management plan for European eel. That Recommendation maintains, for 2024, the existing transitional measures, six-month closure period and ban on recreational fishing. Furthermore, that Recommendation provides that Contracting Parties are to implement additional measures to reduce the fishing mortality of glass eel by at least 30 % in 2024 compared to the reference period 2019–2021. Those measures are to apply to all marine waters of the Mediterranean Sea, to freshwaters and to brackish waters such as estuaries, coastal lagoons and transitional waters, in accordance with that Recommendation. Those measures should be implemented in Union law.
(17) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/13 on a management plan for the sustainable exploitation of red coral (Corallium rubrum) in the Mediterranean Sea (geographical subareas 1 to 27), which extended by one year the provisions of Recommendation GFCM/43/2019/4 that introduced a freezing of fishing effort expressed as a maximum number of fishing authorisations, and harvest limits for red coral. Those measures should be implemented in Union law.
(18) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/14 on a multiannual management plan for the sustainable exploitation of common dolphinfish (Coryphaena hippurus) in the Mediterranean Sea (geographical subareas 1 to 27). That Recommendation introduced, consistent with the precautionary approach and for the transitional period of 2024 to 2026, a fleet capacity ceiling, a freeze of fish aggregating devices (FADs) capacity per vessel, a catch limit and a temporal closure. For recreational fisheries, Recommendation GFCM/46/2023/14 further provides that a daily bag limit is to be observed as well as a prohibition period for commercial fisheries. Those measures should be implemented in Union law for the transitional period of 2024 to 2026. Those measures are without prejudice to the management measures that will be proposed by the Scientific Advisory Committee within GFCM for the long-term management plan for the period 2027–2031.
(19) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/4 on a multiannual management plan for the sustainable exploitation of demersal stocks in the Strait of Sicily (geographical subareas 12 to 16), repealing Recommendations GFCM/44/2021/12 and GFCM/42/2018/5. Recommendation GFCM/45/2022/4 introduced an effort regime for hake (Merluccius merluccius) and catch limits for deep-water rose shrimps (Parapenaeus longirostris), as well as a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for deep-water rose shrimps. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum allowable catch limits for deep-water rose shrimp set for 2023 by Regulation (EU) 2023/195.
(20) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/5 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Strait of Sicily (geographical subareas 12 to 16), repealing Recommendations GFCM/44/2021/7 and GFCM/43/2019/6. Recommendation GFCM/45/2022/5 introduced a catch limit and a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum allowable catch limits for giant red shrimp and blue and red shrimp set for 2023 by Regulation (EU) 2023/195.
(21) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/6 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Ionian Sea (geographical subareas 19 to 21), repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. Recommendation GFCM/45/2022/6 introduced a catch limit and a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum allowable catch limits for giant red shrimp and blue and red shrimp set for 2023 by Regulation (EU) 2023/195.
(22) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/7 on a multiannual management plan for the sustainable exploitation of giant red shrimp and blue and red shrimp stocks in the Levant Sea (geographical subareas 24 to 27), repealing Recommendations GFCM/44/2021/8 and GFCM/42/2018/4. Recommendation GFCM/45/2022/7 introduced a catch limit and a fishing capacity freeze. For 2024, that Recommendation provides for a reduction of 3 % of the catch limits for giant red shrimp and blue and red shrimp. In order to implement those measures in Union law, 3 % should therefore be deducted from the maximum allowable catch limits set for giant red shrimp and blue and red shrimp for 2023 by Regulation (EU) 2023/195.
(23) At its 45th annual meeting in 2022, the GFCM adopted Recommendation GFCM/45/2022/3 on a multiannual management plan for the sustainable exploitation of blackspot seabream (Pagellus bogaraveo) in the Alboran Sea (geographical subareas 1 to 3), repealing Recommendations GFCM/44/2021/4, GFCM/43/2019/2 and GFCM/41/2017/2. Recommendation GFCM/45/2022/3 introduced maximum levels of catches for 2023, 2024 and 2025, a maximum number of longliners and handlines authorised and new measures for recreational fisheries. In order to implement those measures in Union law, 7 % should therefore be deducted from the maximum allowable catch limits set for blackspot seabream for 2023 by Regulation (EU) 2023/195.
(24) At its 43rd annual meeting in 2019, the GFCM adopted Recommendation GFCM/43/2019/3 amending Recommendation GFCM/41/2017/4 on a multiannual management plan for turbot (Scophthalmus maximus) fisheries in the Black Sea (GFCM geographical subarea 29). Recommendation GFCM/43/2019/3 introduced from 2020 to 2024 an updated regional TAC and a quota allocation scheme for turbot, as well as further conservation measures, in particular a two-month closure period and a limitation of fishing days to 180 days per year. In accordance with Recommendation GFCM/43/2019/3, those further conservation measures are functionally linked to the fishing opportunities, as, without those measures in place, the TAC level for turbot would have to be reduced to ensure its recovery. Those measures should be implemented in Union law.
(25) At its 46th annual meeting in 2023, the GFCM adopted Recommendation GFCM/46/2023/7 on a multiannual management plan for turbot fisheries in the Black Sea (geographical subarea 29), amending Recommendation GFCM/43/2019/3. That Recommendation maintained the existing TAC until 31 December 2024. Those measures should be implemented in Union law.
(26) At its 46th annual meeting in 2023, the GFCM approved a carry-over of the unused Union quota for turbot in 2022, in view of the exceptional situation created by the regional context in the Black Sea. That measure should be implemented in Union law. The distribution of the fishing opportunities arising from that under-utilisation should be carried out on the basis of the respective contribution of each Member State towards the under-utilisation, without modifying the distribution key established by Regulation (EU) 2023/195 concerning the annual allocation of TACs.
(27) Based on the scientific advice provided by the GFCM Working Group for the Black Sea, the current level of fishing mortality of sprat (Sprattus sprattus) should be maintained to ensure the sustainability of sprat stocks in the Black Sea. It is therefore appropriate to continue setting an autonomous quota for those stocks.
(28) The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009(4), and in particular to Articles 33 and 34 thereof concerning the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.
(29) In order to promote the use of selective gears and to establish efficient closure areas to protect juveniles and spawners, Council Regulation (EU) 2022/110(5)established a compensation mechanism in relation to the effort regime for trawlers. As STECF continues to recommend in 2024 the further improvement of selectivity of fishing gear and of efficient closure areas to protect juvenile fish and spawners, it is appropriate to allocate 4,5 % of fishing days. If a vessel fulfils two conditions, a Member State may increase the additional allocation of fishing days to 5 %. If a vessel fulfils at least three conditions, a Member State may increase the additional allocation of fishing days to 6 %.
(30) Council Regulation (EC) No 847/96(6)provides for additional conditions for the year-to-year management of TACs including, under Articles 3 and 4 thereof, flexibility provisions for precautionary and analytical TACs. Under Article 2 of that Regulation, when establishing TACs the Council is to decide which stocks will not be subject to Articles 3 and 4 of that Regulation, in particular on the basis of the biological status of stocks. Therefore, to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of living marine biological resources, hinder the achievement of the objectives of the CFP and cause the biological status of stocks to deteriorate, it should be made explicit that Article 3(2) and (3) and Article 4 of Regulation (EC) No 847/96 apply to analytical TACs only where the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 is not used.
(31) In order to avoid the interruption of fishing activities and to ensure the livelihood of Union fishers, this Regulation should apply from 1 January 2024. For reasons of urgency, this Regulation should enter into force on the day following that of its publication,
HAS ADOPTED THIS REGULATION:

Scope

1. This Regulation applies to Union fishing vessels operating in the Mediterranean and Black Seas and exploiting the following fish stocks:
(a)
European eel (Anguilla anguilla), red coral (Corallium rubrum) and common dolphinfish (Coryphaena hippurus) in the Mediterranean Sea;
(b)
blue and red shrimp (Aristeus antennatus), deep-water rose shrimp (Parapenaeus longirostris), giant red shrimp (Aristaeomorpha foliacea), European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus) and red mullet (Mullus barbatus) in the western Mediterranean Sea;
(c)
anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus) in the Adriatic Sea;
(d)
European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus), common sole (Solea solea), deep-water rose shrimp (Parapenaeus longirostris) and red mullet (Mullus barbatus) in the Adriatic Sea;
(e)
European hake (Merluccius merluccius) and deep-water rose shrimp (Parapenaeus longirostris) in the Strait of Sicily;
(f)
giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Strait of Sicily, in the Ionian Sea and in the Levant Sea;
(g)
blackspot seabream (Pagellus bogaraveo) in the Alborean Sea;
(h)
sprat (Sprattus sprattus) and turbot (Scophthalmus maximus) in the Black Sea.
2. This Regulation also applies to other Union fishing activities, including recreational fisheries, where they are expressly referred to in the relevant provisions.

Definitions

For the purposes of this Regulation, the definitions laid down in Article 4(1) of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply:
(a)
‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;
(b)
‘recreational fisheries’ means non-commercial fishing activities exploiting marine living aquatic resources for recreation, tourism or sport;
(c)
‘total allowable catch’ (TAC) means:
(i)
in fisheries subject to the exemption of the landing obligation referred to in Article 15(4) to (7) of Regulation (EU) No 1380/2013, the quantity of fish that can be landed from each stock each year;
(ii)
in all other fisheries, the quantity of fish that can be caught from each stock over the period of a year;
(d)
‘quota’ means a proportion of the TAC allocated to the Union or a Member State;
(e)
‘Union autonomous quota’ means a catch limit autonomously allocated to Union fishing vessels in the absence of an agreed TAC;
(f)
‘analytical quota’ means a Union autonomous quota for which an analytical assessment is available;
(g)
‘analytical assessment’ means a quantitative evaluation of trends in a given stock, based on data about the stock’s biology and exploitation, which scientific review has indicated to be of sufficient quality to provide scientific advice on options for future catches;
(h)
‘fish aggregating device’ (FAD) means any anchored equipment floating on the sea surface with the objective of attracting fish.

Fishing zones

For the purposes of this Regulation, the following geographical zone definitions apply:
(a)
‘GFCM geographical subareas’ mean the areas defined in Annex I to Regulation (EU) 2023/2124 of the European Parliament and of the Council(7);
(b)
‘Mediterranean Sea’ means the waters in GFCM geographical subareas 1 to 27, as defined in Annex I to Regulation (EU) 2023/2124;
(c)
‘western Mediterranean Sea’ means the waters in GFCM geographical subareas 1, 2, 5, 6, 7, 8, 9, 10 and 11, as defined in Annex I to Regulation (EU) 2023/2124;
(d)
‘Adriatic Sea’ means the waters in GFCM geographical subareas 17 and 18, as defined in Annex I to Regulation (EU) 2023/2124;
(e)
‘Strait of Sicily’ means the waters in GFCM geographical subareas 12, 13, 14, 15 and 16, as defined in Annex I to Regulation (EU) 2023/2124;
(f)
‘Ionian Sea’ means the waters in GFCM geographical subareas 19, 20 and 21, as defined in Annex I to Regulation (EU) 2023/2124;
(g)
‘Levant Sea’ means the waters in GFCM geographical subareas 24, 25, 26 and 27, as defined in Annex I to Regulation (EU) 2023/2124;
(h)
‘Alboran Sea’ means the waters in GFCM geographical subareas 1, 2 and 3, as defined in Annex I to Regulation (EU) 2023/2124;
(i)
‘Black Sea’ means the waters in GFCM geographical subarea 29, as defined in Annex I to Regulation (EU) 2023/2124.

European eel

1. This Article applies to the GFCM geographical subareas 1 to 27, to brackish waters and to freshwaters. Brackish waters include estuaries, coastal lagoons and transitional waters.
2. It shall be prohibited to engage in commercial fishing activities for European eel, either as a targeted species or as incidental by-catch, at all life stages for a period of at least six months. To that effect, each Member State concerned shall determine one or more closure periods subject to the following:
(a)
where appropriate, the closure period or periods may differ within one Member State from one fishing area to another in order to take account of the geographical and temporal migration pattern of eel at its different life stages;
(b)
the closure period or periods shall last either at least six consecutive months, or a total of six months in accordance with the conditions set out in paragraph 3; and
(c)
the closure period or periods shall be consistent with the conservation objectives set out in Council Regulation (EC) No 1100/2007(8), with national management plans in place and with the temporal migration patterns of European eel at the respective life stage in the Member State concerned.
3. The closure period shall be from 1 January to 31 March 2024, and an additional closure period of three months shall be established by each Member State concerned to take place between 1 April and 30 November 2024.
4. Recreational fisheries of European eel at all life stages shall be prohibited.
5. Member States shall implement additional measures to reduce the fishing mortality for European eel of an overall length of less than 12 cm. That reduction shall represent a decrease of at least 30 % compared to the reference period 2019–2021.
6. Each Member State concerned shall inform the Commission of:
(a)
the closure period or closure periods that it has determined in accordance with paragraphs 2 and 3 by 1 March 2024;
(b)
the national measures relating to the closure period or closure periods that it has determined in accordance with paragraphs 2 and 3 within two weeks after their adoption; and
(c)
the measures established in accordance with paragraph 5 by 31 March 2024.

Red coral

1. This Article applies to all activities by Union fishing vessels and other Union fishing activities harvesting red coral (Corallium rubrum), namely targeted and recreational fisheries in the Mediterranean Sea.
2. For targeted fisheries, the maximum number of fishing authorisations and the maximum quantities of red coral stocks harvested by Union fishing vessels and Union harvesting activities shall not exceed the levels set out in Annex I.
3. It shall be prohibited for Union fishing vessels subject to paragraph 2 to tranship red coral at sea.
4. For recreational fisheries, Member States shall take the necessary measures to prohibit the catch and retention on board, transhipment or landing of red coral.

Common dolphinfish

1. This Article applies to all commercial pelagic fishing activities by Union fishing vessels targeting common dolphinfish (Coryphaena hippurus) by using FADs in the Mediterranean Sea. It also applies to recreational fisheries of common dolphinfish in the Mediterranean Sea.
2. The maximum fleet capacity, expressed in number of vessels, kW and gross tonnage (GT), of Union fishing vessels authorised to fish for common dolphinfish is set out in Annex II.
3. The maximum number of FADs per vessel authorised to fish for common dolphinfish is set out in Annex II.
4. The maximum level of catches of common dolphinfish shall not exceed the levels set out in Annex II.
5. For recreational fisheries, the maximum number of catches shall be limited to 10 kg or five fish of any size per person per day, and during the period from 15 August to 31 December.

Demersal stocks

1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching demersal stocks referred to in Article 1(2) of Regulation (EU) 2019/1022 in the western Mediterranean Sea.
2. The maximum allowable fishing effort for trawlers and longliners is set out in Annex III to this Regulation. Member States shall manage the maximum allowable fishing effort in accordance with Article 9 of Regulation (EU) 2019/1022 and Articles 26 to 34 of Regulation (EC) No 1224/2009.
3. The allocation among Member States of maximum catch limits for Union fishing vessels in Union waters of the western Mediterranean Sea is also set out in Annex III.
4. The allocation of fishing opportunities by Member States, as set out in this Article and Annex III, shall fulfil the following conditions:
(a)
it shall be in accordance with the criteria set out in Article 17 of Regulation (EU) No 1380/2013;
(b)
it shall be without prejudice to:
(i)
exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013;
(ii)
deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;
(iii)
additional landings allowed under Article 3 of Regulation (EC) No 847/96 or under Article 15(9) of Regulation (EU) No 1380/2013;
(iv)
quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 or transferred under Article 15(9) of Regulation (EU) No 1380/2013;
(v)
deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009.

Compensation mechanism

1. For the fleet segment concerned, a Member State may grant in 2024 to vessels flying its flag an additional allocation of fishing days of 4,5 %, calculated in accordance with paragraph 4, provided that the vessel flying its flag fulfils one of the following conditions:
(a)
the vessel uses a trawl net with 45 mm square-mesh codend in order to reduce by at least 25 % catches of the juveniles of hake;
(b)
the vessel uses a trawl net with a 50 mm square-mesh codend for deep-water fisheries in order to reduce by at least 25 % catches of blue and red shrimps with a carapace length (CL) of less than 25 mm in geographical subareas 1, 2, 5, 6, 7, 8, 9, 10 and 11 and to reduce by at least 25 % catches of giant red shrimps with a CL of less than 35 mm in the geographical subareas 8, 9, 10 and 11;
(c)
the vessel uses a regulated highly selective gear, the technical specifications of which result in, according to the scientific study by STECF, a reduction of at least 25 % of catches of juveniles of all demersal species or at least 20 % of catches of spawners of all demersal species compared to 2020, such as a sorting grid of at least 20 mm spacing;
(d)
the Member State concerned has established temporary closure areas in order to reduce by at least 25 % catches of juveniles of all demersal species or by at least 20 % catches of spawners of all demersal species;
(e)
the Member State concerned has adopted a new minimum conservation reference size for hake of at least 26 cm, and has secured the enforcement of appropriate technical measures to comply with this minimum conservation reference size, in order to progressively reach the length at first maturity and improve hake stocks status;
(f)
the Member State concerned has adopted a new minimum conservation reference size for blue and red shrimp (Aristeus antennatus) of at least 25 mm CL and for giant red shrimp (Aristaeomorpha foliacea) of at least 35 mm CL, and has secured the enforcement of appropriate technical measures to comply with those minimum conservation reference sizes, in order to progressively reach the length at first maturity and improve stocks status;
(g)
the Member State concerned has set a closure period of at least four continuous weeks for fishing activities with trawlers in the areas and periods recognised as important, on the basis of the best available scientific advice, for the protection of spawners of hake stocks; such areas shall also account for spatial patterns of spawners’ distribution, including depths from 150 m to 500 m; the periods of the temporary fishing closure shall be from February to March and from October to November;
(h)
the Member State concerned has set a closure for fishing activities using twin trawlers;
(i)
the Member State concerned has set a closure for fishing activity with trawlers at a depth higher than 800 m;
(j)
the Member State concerned has established permanent closure areas in order to reduce by at least 25 % catches of juveniles of all demersal species or by at least 20 % catches of spawners of all demersal species;
(k)
the vessel uses a trawl with flying or mid-waters doors or other doors which reduce the contact of the doors and the gear with the seabed, to preserve the essential fish habitats of the demersal species;
(l)
the Member State concerned has set a closure period of at least four continuous weeks for fishing activities with trawlers in the areas and periods recognised as important, on the basis of the best available scientific advice, for the protection of blue and red shrimp and/or giant red shrimp.
2. If a vessel fulfils two of the conditions set out in paragraph 1, a Member State may increase the additional allocation of fishing days to 5 %, calculated in accordance with paragraph 4.
3. If a vessel fulfils at least three of the conditions set out in paragraph 1, a Member State may increase the additional allocation of fishing days to 6 %, calculated in accordance with paragraph 4.
4. The additional allocation of fishing days shall be calculated from the maximum effort allowed in the baseline between 2015 and 2017 for the relevant fleet segment of the Member State concerned as from 1 January 2024.
5. The Member State concerned shall notify to the Commission the list of fishing vessels concerned by such an additional allocation of fishing days, as well as the related number of additional fishing days.
6. The Member State concerned shall also separately notify every month to the Commission the effort deployed to be counted against the additional allocation referred to in paragraphs 1, 2 and 3 by using the specific reporting codes for that allocation.
7. The Member State concerned shall submit to the Commission, by 15 October at the latest, all available information related to the implementation of the measures referred to in paragraph 1.

Data recording and transmission

1. Member States shall record and transmit the fishing effort data to the Commission in accordance with Article 10 of Regulation (EU) 2019/1022.
2. When submitting fishing effort data to the Commission under paragraph 1, Member States shall use the fishing effort group codes set out in Annex III.

Small pelagic stocks

1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching sardine (Sardina pilchardus) and anchovy (Engraulis encrasicolus) in the Adriatic Sea.
2. The maximum level of catches shall not exceed the levels set out in Annex IV.
3. The maximum fleet capacity, expressed in kW, GT and number, of Union fishing vessels authorised to fish small pelagic stocks is set out in Annex IV.
4. Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply where a Member State uses the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013.

Demersal stocks

1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching European hake (Merluccius merluccius), Norway lobster (Nephrops norvegicus), common sole (Solea solea), deep-water rose shrimp (Parapenaeus longirostris) and red mullet (Mullus barbatus) in the Adriatic Sea.
2. The maximum allowable fishing effort for demersal stocks and the maximum fleet capacity within the scope of this Article is set out in Annex IV.
3. A Member State may amend its fishing effort allocation as set out in Annex IV by transferring fishing days across fishing effort groups of the same geographical area and/or gear, provided that it applies a national conversion factor which is supported by the best available scientific advice.
4. Member States shall manage the maximum allowable effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.

Data transmission

When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in Annex IV of this Regulation.

Demersal stocks

1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching European hake (Merluccius merluccius) and deep-water rose shrimp (Parapenaeus longirostris) in the Strait of Sicily.
2. The maximum level of catches of deep-water rose shrimp shall not exceed the levels set out in Annex V.
3. The maximum allowable fishing effort for European hake and the maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish for demersal stocks within the scope of this Article are set out in Annex V.
4. Member States shall manage the maximum allowable fishing effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.

Deep-water shrimps

1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Strait of Sicily.
2. The maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish for demersal stocks within the scope of this Article is set out in Annex V.
3. The maximum level of catches shall not exceed the levels set out in Annex V.

Data transmission

Where, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in Annex V of this Regulation.

Deep-water shrimps

1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching giant red shrimp (Aristaeomorpha foliacea) and blue and red shrimp (Aristeus antennatus) in the Ionian Sea and in the Levant Sea.
2. The maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish for demersal stocks within the scope of this Article is set out in Annex VI.
3. The maximum level of catches shall not exceed the levels set out in Annex VI.

Blackspot seabream

1. This Article applies to commercial and recreational fishing with longlines and handlines by Union fishing vessels catching blackspot seabream (Pagellus bogaraveo) in the Alboran Sea.
2. The maximum level of catches shall not exceed the levels set out in Annex VII.
3. The maximum number of longliners and handlines authorised to fish for blackspot seabream is set out in Annex VII.
4. For recreational fishing activities, the maximum number of catches shall be limited to one fish per fisher per day. The minimum conservation reference size of 40 cm for blackspot seabream shall apply to recreational fisheries in the Alboran Sea. Recreational fishing for that species shall be prohibited during the closure period of commercial fisheries set at national level.

Allocation of fishing opportunities for sprat

1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching sprat (Sprattus sprattus) in the Black Sea.
2. The Union autonomous quota for sprat, the allocation of such quota among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex VIII.
3. Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply where a Member State uses the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013.

Allocation of fishing opportunities for turbot

1. This Article applies to all activities by Union fishing vessels and other Union fishing activities catching turbot (Scophthalmus maximus)in the Black Sea.
2. The TAC for turbot applicable in Union waters in the Black Sea, the allocation of such TAC among Member States and the conditions functionally linked thereto, where appropriate, are set out in Annex VIII.
3. Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply where a Member State uses the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013.

Management of fishing effort for turbot

Union fishing vessels authorised to fish for turbot within the scope of Article 18, irrespective of the vessels’ length overall, shall not exceed 180 fishing days per year.

Closure period for turbot

It shall be prohibited for Union fishing vessels to carry out any fishing activity, including transhipment, retaining on board, landing and first sale, of turbot in Union waters in the Black Sea from 15 April to 15 June.

Special provisions on allocations of fishing opportunities in the Black Sea

The allocation of fishing opportunities among Member States as set out in Articles 17 and 18 shall be without prejudice to:
(a)
exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013;
(b)
deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;
(c)
deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009.

Data transmission

Where, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to landings of quantities of stocks of sprat and turbot caught in Union waters in the Black Sea, they shall use the stock codes set out in Annex VIII of this Regulation.

Entry into force and application

This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January 2024 to 31 December 2024.
ANNEX IFISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE CONTEXT OF THE GFCM MULTIANNUAL MANAGEMENT PLAN FOR RED CORAL IN THE MEDITERRANEAN SEAThe tables in this Annex set out the maximum allowable number of fishing authorisations and the maximum level of harvested quantities of red coral in the Mediterranean Sea.
Reference to fishing zones are references to the GFCM GSAs.
For the purposes of this Annex, the following comparative table of Latin names and common names of fish stocks is provided:

Scientific name | Alpha-3 code | Common name
Corallium rubrum | COL | Red coral

Table 1

Maximum number of fishing authorisations
(*1)

Member States | Red coral COL
Greece | 12
Spain | 0(*2)
France | 32
Croatia | 28
Italy | 40

Table 2

Maximum level of harvested quantities expressed in tonnes live weight

Species: | Red coralCorallium rubrum | Zone: | Union waters in the Mediterranean Sea – GSAs 1-27COL/GF 1-27
Greece | 1,844 | |
Spain | 0(*3) |
France | 1,400 |
Croatia | 1,226 |
Italy | 1,378 |
Union | 5,848 |
TAC | Not relevant |
(*1) Representing number of vessels or divers, or both, or a pair of one diver with one vessel, authorised to harvest red coral.
(*2) In accordance with the current temporal ban until April 2024 for red coral fisheries established in Spanish waters, pending a further decision at the end of that period.
(*3) In accordance with the current temporal ban until April 2024 for red coral fisheries established in Spanish waters, pending a further decision at the end of that period.

(a)   Maximum fleet capacity of vessels targeting common dolphinfish by using FADs in the Mediterranean Sea (GSAs 1-27)

ANNEX IIFISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE CONTEXT OF THE MANAGEMENT OF COMMON DOLPHINFISH IN THE MEDITERRANEAN SEAThe tables in this Annex set out the maximum number, kW and GT of Union fishing vessels authorised to fish for common dolphinfish by using FADs in the Mediterranean Sea and the maximum level of catches.
References to fishing zones are references to GFCM GSAs.
For the purposes of this Annex, the following comparative table of Latin names and common names of fish stocks is provided:

Scientific name | Alpha-3 code | Common name
Coryphaena hippurus | DOL | Common dolphinfish
Member State | Number of vessels | kW | GT
Italy | 797 | 67 925,37 | 7 203
Malta | 130 | 16 662 | 1 296,28
Spain | 45 | 2 105,73 | 153,34(b) Maximum number of FADs per vessel authorised to target common dolphinfish in the Mediterranean Sea (GSAs 1-27)
Member State | Number of FADs per vessel
Italy | 100
Malta | 200
Spain | 50(c) Maximum level of catches in tonnes live weight caught in the Mediterranean Sea (GSAs 1-27) (*1)

Species: | Common dolphinfishCoryphaena hippurus | Zone: | Union and International waters of GFCM-GSAs 1-27(DOL/MED)
Italy | 1 174 | | Maximum level of catches
Malta | 517 |
Spain | 127 |
Union | 1 818 | (*1)
TAC | Not relevant |
(*1) This quota may be fished only between 15 August and 31 December 2024 in accordance with Regulation (EU) No 2023/2124.

1.   Maximum allowable fishing effort (in fishing days)

ANNEX IIIFISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE CONTEXT OF THE MANAGEMENT OF DEMERSAL STOCKS IN THE WESTERN MEDITERRANEAN SEAThe tables in this Annex set out the maximum allowable fishing effort (in fishing days) by stock groups, as defined in Article 2, point (13), of Regulation (EU) No 2019/1022, maximum catch limits and overall length of vessels for all types of trawls(1)and demersal longliners fishing for demersal stocks in the western Mediterranean Sea.
All fishing opportunities set out in this Annex shall be subject to the rules set out in Article 7 of Regulation (EU) 2019/1022 and Articles 26 to 35 of Regulation (EC) 1224/2009.
Reference to fishing zones are references to GFCM GSAs.
For the purposes of this Annex, the following comparative table of Latin names and common names of fish stocks is provided:

Scientific name | Alpha-3 code | Common name
Aristaeomorpha foliacea | ARS | Giant red shrimp
Aristeus antennatus | ARA | Blue and red shrimp
Merluccius merluccius | HKE | European hake
Mullus barbatus | MUT | Red mullet
Nephrops norvegicus | NEP | Norway lobster
Parapenaeus longirostris | DPS | Deep-water rose shrimp(a) Number of fishing days for trawlers in the Alboran Sea, Balearic Islands, Northern Spain and Gulf of Lion (GSAs 1, 2, 5, 6 and 7)
Stock group | Overall length of vessels | Spain | France | Italy | Fishing effort group code | Additional allocation code
Red mullet in GSAs 1, 5, 6 and 7; hake in GSAs 1, 5, 6 and 7; deep-water rose shrimp in GSAs 1, 5 and 6; Norway lobster in GSAs 5 and 6 | < 12 m | 1 507 | 0 | 0 | EFF1/MED1_TR1 | EFF1/MED1_TR1_AA
≥ 12 m and < 18 m | 16 189 | 0 | 0 | EFF1/MED1_TR2 | EFF1/MED1_TR2_AA
≥ 18 m and < 24 m | 30 375 | 3 429 | 0 | EFF1/MED1_TR3 | EFF1/MED1_TR3_AA
≥ 24 m | 10 698 | 4 173 | 0 | EFF1/MED1_TR4 | EFF1/MED1_TR4_AA
Blue and red shrimp in GSAs 1, 2, 5, 6 and 7 | < 12 m | 0 | 0 | 0 | EFF2/MED1_TR1 | EFF2/MED1_TR1_AA
≥ 12 m and < 18 m | 759 | 0 | 0 | EFF2/MED1_TR2 | EFF2/MED1_TR2_AA
≥ 18 m and < 24 m | 7 690 | 0 | 0 | EFF2/MED1_TR3 | EFF2/MED1_TR3_AA
≥ 24 m | 6 173 | 0 | 0 | EFF2/MED1_TR4 | EFF2/MED1_TR4_AA(b) Number of fishing days for trawlers in Corsica Island, Ligurian Sea, Tyrrhenian Sea and Sardinia Island (GSAs 8, 9, 10 and 11)
Stock group | Overall length of vessels | Spain | France | Italy | Fishing effort group code | Additional allocation code
Red mullet in GSAs 8, 9, 10 and 11; hake in GSAs 8, 9, 10 and 11; deep-water rose shrimp in GSAs 9, 10 and 11; Norway lobster in GSAs 9 and 10 | < 12 m | 0 | 139 | 1 969 | EFF1/MED2_TR1 | EFF1/MED2_TR1_AA
≥ 12 m and < 18 m | 0 | 556 | 29 613 | EFF1/MED2_TR2 | EFF1/MED2_TR2_AA
≥ 18 m and < 24 m | 0 | 139 | 19 915 | EFF1/MED2_TR3 | EFF1/MED2_TR3_AA
≥ 24 m | 0 | 139 | 2 658 | EFF1/MED2_TR4 | EFF1/MED2_TR4_AA
Giant red shrimp in GSAs 8, 9, 10 and 11 | < 12 m | 0 | 0 | 326 | EFF2/MED2_TR1 | EFF2/MED2_TR1_AA
≥ 12 m and < 18 m | 0 | 0 | 2 402 | EFF2/MED2_TR2 | EFF2/MED2_TR2_AA
≥ 18 m and < 24 m | 0 | 0 | 1 934 | EFF2/MED2_TR3 | EFF2/MED2_TR3_AA
≥ 24 m | 0 | 0 | 259 | EFF2/MED2_TR4 | EFF2/MED2_TR4_AA(c) Number of fishing days for demersal longliners in the Alboran Sea, Balearic Islands, Northern Spain and Gulf of Lion (GSAs 1, 2, 5, 6 and 7)
Stock group | Overall length of vessels | Spain | France | Italy | Fishing effort group code
Hake in GSAs 1, 2, 5, 6 and 7 | < 12 m | 9 433 | 6 432 | 0 | EFF1/MED1_LL1
≥ 12 m and < 18 m | 2 148 | 93 | 0 | EFF1/MED1_LL2
≥ 18 m and < 24 m | 74 | 0 | 0 | EFF1/MED1_LL3
≥ 24 m | 29 | 0 | 0 | EFF1/MED1_LL4(d) Number of fishing days for demersal longliners in Corsica Island, Ligurian Sea, Tyrrhenian Sea and Sardinia Island (GSAs 8, 9, 10 and 11)
Stock group | Overall length of vessels | Spain | France | Italy | Fishing effort group code
Hake in GSAs 8, 9, 10 and 11 | < 12 m | 0 | 1 650 | 33 187 | EFF1/MED2_LL1
≥ 12 m and < 18 m | 0 | 51 | 4 748 | EFF1/MED2_LL2
≥ 18 m and < 24 m | 0 | 0 | 26 | EFF1/MED2_LL3
≥ 24 m | 0 | 0 | 0 | EFF1/MED2_LL42. Maximum catch limits for deep-water shrimp(a) Fishing opportunities for blue and red shrimp (Aristeus antennatus) in the Alboran Sea, Balearic Islands, Northern Spain and Gulf of Lion (GSAs 1, 2, 5, 6 and 7), expressed as maximum level of catches in tonnes live weight
Species: | Blue and red shrimpAristeus antennatus | Zone: | GSA 1, 2, 5, 6 and 7(ARA/GF1-7)
Spain | 787 | | Maximum level of catches
France | 51 |
Italy | 0 |
Union | 838 |
TAC | Not relevant | (b) Fishing opportunities for blue and red shrimp (Aristeus antennatus) and giant red shrimp (Aristaeomorpha foliacea) in Corsica Island, Ligurian Sea, Tyrrhenian Sea and Sardinia Island (GSAs 8, 9, 10 and 11), expressed as maximum level of catches in tonnes live weight
Species: | Blue and red shrimpAristeus antennatus | Zone: | GSA 8, 9, 10 and 11(ARA/GF8-11)
Spain | 0 | | Maximum level of catches
France | 9 |
Italy | 236 |
Union | 245 |
TAC | Not relevant |

Species: | Giant red shrimpAristaeomorpha foliacea | Zone: | GSA 8, 9, 10 and 11(ARS/GF8-11)
Spain | 0 | | Maximum level of catches
France | 5 |
Italy | 344 |
Union | 349 |
TAC | Not relevant |
(1) TBB, OTB, PTB, TBN, TBS, TB, OTM, PTM, TMS, TM, OTT, OT, PT, TX, OTP and TSP.

1.   Small pelagic stocks – GSAs 17 and 18

ANNEX IVFISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE ADRIATIC SEAThe tables in this Annex set out the fishing opportunities by stock or vessel effort groups and, where appropriate, the conditions functionally linked thereto, including the maximum number of Union fishing vessels authorised to fish small pelagics.
All fishing opportunities set out in this Annex shall be subject to the rules set out in Articles 26 to 35 of Regulation (EC) No 1224/2009.
Reference to fishing zones are references to GFCM GSAs.
For the purposes of this Annex, the following comparative table of Latin names and common names is provided:

Scientific name | Alpha-3 code | Common name
Engraulis encrasicolus | ANE | Anchovy
Merluccius merluccius | HKE | European hake
Mullus barbatus | MUT | Red mullet
Nephrops norvegicus | NEP | Norway lobster
Parapenaeus longirostris | DPS | Deep-water rose shrimp
Sardina pilchardus | PIL | Sardine
Solea solea | SOL | Common soleMaximum level of catches expressed in tonnes live weight

Species: | Small pelagic species (anchovy and sardine)Engraulis encrasicolusandSardina pilchardus | Zone: | Union and International waters of GFCM-GSAs 17 and 18(SP1/GF 17-18)
Italy | 30 672 | (*1) | Maximum level of catches
Croatia | 47 139
TAC | Not relevantMaximum fleet capacity of trawlers and purse seiners actively fishing for small pelagics

Member State | Gear | Number of vessels | kW | GT
Croatia | PS | 249 | 77 145,52 | 18 537,72
Italy | PTM, OTM and PS | 685 | 134 556,7 | 25 852
Slovenia(*2) | PS | 4 | 433,7 | 38,52. Demersal stocks – GSAs 17 and 18Maximum allowable fishing effort (in fishing days) by types of trawls and fleet segment fishing for demersal stocks in GSAs 17 and 18 (Adriatic Sea)

| | | | | Fishing days 2024
Gear type | Geographical area | Stocks concerned | Overall length of vessels | Effort group code | Italy | Croatia | Slovenia
Trawls (OTB) | GFCM sub-areas 17 and 18 | Red mullet; hake; deep-water rose shrimp; and Norway lobster | < 12 m | EFF/MED3_OTB_TR1 | 3 098 | 9 864 | (*3)
≥ 12 m and < 24 m | EFF/MED3_OTB_TR2 | 69 625 | 22 981 | (*3)
≥ 24 m | EFF/MED3_OTB_TR3 | 6 100 | 2 063 | (*3)
Beam trawls (TBB) | GFCM sub-area 17 | Common sole | < 12 m | EFF/MED3_TBB_TR1 | 194 | 0 | 0
≥ 12 m and < 24 m | EFF/MED3_TBB_TR2 | 3 635 | 0 | 0
≥ 24 m | EFF/MED3_TBB_TR3 | 3 614 | 0 | 0Maximum fleet capacity of bottom trawler and beam trawl vessels authorised for fishing demersal stocks

Member State | Gear | Number of vessels | kW | GT
Croatia | OTB | 495 | 79 867,99 | 13 267,99
Italy | OTB and TBB | 1 363 | 260 618,37 | 47 148
Slovenia(*4) | OTB | 11 | 1 813,00 | 168,67
(*1) Concerning Slovenia, the quantities are based on the level of catches made in 2014, up to an amount that should not exceed 300 tonnes.
(*2) The provision under paragraph 28 of GFCM/44/2021/20 shall not apply to national fleets of less than 10 purse seiners or pelagic trawlers actively fishing for small pelagic stocks, as recorded both in national and GFCM registers in 2014. In such case, the capacity of the active fleet may increase by not more than 50 % in number of vessels and in terms of gross tonnage (GT), gross registered tonnage (GRT) and kW.
(*3) Slovenia shall not exceed the effort limit of 3 000 fishing days per year in accordance with paragraph 13 of GFCM/43/2019/5.
(*4) The provisions of paragraphs 9(c) and 28 of GFCM/43/2019/5 shall not apply to national fleets operating with trawls (OTB) and fishing for less than 1 000 days during the reference period mentioned in paragraph 9(c) of GFCM/43/2019/5. The fishing capacity of the active fleet operating with trawls (OTB) shall not increase by more than 50 % with respect to that reference period.

1.   Demersal Stocks

ANNEX VFISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE STRAIT OF SICILYThe tables in this Annex set out the fishing opportunities by stock or vessel effort groups and, where appropriate, the conditions functionally linked thereto, including the maximum number of Union fishing vessels authorised to fish demersal species and deep-water shrimp.
All fishing opportunities set out in this Annex shall be subject to the rules set out in Articles 26 to 35 of Regulation (EC) No 1224/2009.
References to fishing zones are references to GFCM GSAs.
For the purposes of this Annex, the following comparative table of Latin names and common names is provided:

Scientific name | Alpha-3 code | Common name
Merluccius merluccius | HKE | European hake
Parapenaeus longirostris | DPS | Deep-water rose shrimp
Aristaeomorpha foliacea | ARS | Giant red shrimp
Aristeus antennatus | ARA | Blue and red shrimp(a) Maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish demersal stocks in the Strait of Sicily (GSAs 12, 13, 14, 15 and 16)
Member State | Gear | Number of vessels | kW | GT
Cyprus | OTB | 1 | 265 | 105
Spain | OTB | 1 | 100 | 118
Italy | OTB | 594 | 144 175 | 36 856
Malta | OTB | 15 | 5 562 | 2 007(b) Maximum level of fishing effort (in fishing days), for bottom trawl vessels targeting European hake (Merluccius merluccius) in the Strait of Sicily (GSAs 12, 13, 14, 15 and 16
Member State | Gear | Vessel Length | Effort group code | Fishing days 2024
CYP | OTB | T-12 | EFF4/MED4_OTB4 | 51
ITA | OTB | T-07 | EFF4/MED4_OTB1 | 90
ITA | OTB | T-10 | EFF4/MED4_OTB2 | 188
ITA | OTB | T-11 | EFF4/MED4_OTB3 | 19 366
ITA | OTB | T-12 | EFF4/MED4_OTB4 | 3 657
MLT | OTB | T-11 | EFF4/MED4_OTB3 | 338
MLT | OTB | T-12 | EFF4/MED4_OTB4 | 165(c) Maximum level of catches of deep-water rose shrimp (Parapenaeus longirostris) in the Strait of Sicily (GSAs 12, 13, 14, 15 and 16) expressed in tonnes live weight
Species: | Deep-water rose shrimpParapenaeus longirostris | Zone: | GSAs 12, 13, 14, 15 and 16(DPS/GF 12-16)
Cyprus | 1 | | Analytical catch limit
Italy | 2 083 |
Malta | 6 |
Union | 2 090 |
TAC | Not relevant | 2. Deep-water shrimp(a) Maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish deep-water shrimp stocks in the Strait of Sicily (GSAs 12, 13 14, 15 and 16)
Member State | Gear | Number of vessels | kW | GT
Cyprus | OTB | 1 | 265 | 105
Spain | OTB | 2 | 440,56 | 218,78
Italy | OTB | 320 | 93 756 | 26 076
Malta | OTB | 15 | 5 562 | 2 007(b) Maximum level of catches of giant red shrimp (Aristaeomorpha foliacea) in the Strait of Sicily (GSAs 12, 13, 14, 15 and 16) expressed in tonnes live weight
Species: | Giant red shrimpAristaeomorpha foliacea | Zone: | GSAs 12, 13, 14, 15 and 16(ARS/GF 12-16)
Spain | 1 | | Analytical catch limit
Italy | 844 |
Cyprus | 0 |
Malta | 36 |
Union | 881 |
TAC | Not relevant | (c) Maximum level of catches of blue and red shrimp (Aristeus antennatus) in the Strait of Sicily (GSAs 12, 13, 14, 15 and 16) expressed in tonnes live weight
Species: | Blue and red shrimpAristeus antennatus | Zone: | GSAs 12, 13, 14, 15 and 16(ARA/GF 12-16)
Spain | 1 | | Precautionary catch limit
Italy | 98 |
Cyprus | 0 |
Malta | 2 |
Union | 101 |
TAC | Not relevant |

1.   Ionian Sea

ANNEX VIFISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE IONIAN SEA AND THE LEVANT SEAThe tables in this Annex set out the maximum number of Union fishing vessels authorised to fish for demersal stocks in the Ionian Sea and the Levant Sea.
References to fishing zones are references to GFCM GSAs.
For the purposes of this Annex, the following comparative table of Latin names and common names of fish stocks is provided:

Scientific name | Alpha-3 code | Common name
Aristaeomorpha foliacea | ARS | Giant red shrimp
Aristeus antennatus | ARA | Blue and red shrimp(a) Maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawl vessels authorised to fish deep-water shrimp stocks in the Ionian Sea (GSAs 19, 20 and 21)
Member State | Gear | Number of vessels | kW | GT
Greece | OTB | 240 | 69 281 | 23 101
Italy | OTB | 410 | 95 996 | 22 252
Malta | OTB | 15 | 5 562 | 2 007(b) Maximum level of catches of giant red shrimp (Aristaeomorpha foliacea) in the Ionian Sea (GSAs 19, 20 and 21) expressed in tonnes live weight
Species: | Giant red shrimpAristaeomorpha foliacea | Zone: | GSAs 19, 20 and 21 (ARS/GF 19-21)
Greece | 33 | | Analytical catch limit
Italy | 303 |
Malta | 45 |
Union | 381 |
TAC | Not relevant | (c) Maximum level of catches of blue and red shrimp (Aristeus antennatus) in the Ionian Sea (GSAs 19, 20 and 21) expressed in tonnes live weight
Species: | Blue and red shrimpAristeus antennatus | Zone: | GSAs 19, 20 and 21 (ARA/GF 19-21)
Greece | 14,5 | | Analytical catch limit
Italy | 242,5 |
Malta | 0 |
Union | 257 |
TAC | Not relevant | 2. Levant Sea(a) Maximum fleet capacity, expressed in number of vessels, kW and GT, of bottom trawler vessels authorised to fish deep-water shrimp stocks in the Levant Sea (GSAs 24, 25, 26 and 27)
Member State | Gear | Number of vessels | kW | GT
Cyprus | OTB | 6 | 2 048 | 618
Italy | OTB | 80 | 37 192 | 13 199(b) Maximum level of catches of giant red shrimp (Aristaeomorpha foliacea) in the Levant Sea (GSAs 24, 25, 26 and 27) expressed in tonnes live weight
Species: | Giant red shrimpAristaeomorpha foliacea | Zone: | GSAs 24, 25, 26 and 27 (ARS/GF 24-27)
Italy | 46,4 | | Precautionary catch limit
Cyprus | 11,6 |
Union | 58 |
TAC | Not relevant | (c) Maximum level of catches of blue and red shrimp (Aristeus antennatus) in the Levant Sea (GSAs 24, 25, 26 and 27) expressed in tonnes live weight
Species: | Blue and red shrimpAristeus antennatus | Zone: | GSAs 24, 25, 26 and 27 (ARA/GF 24-27)
Italy | 9,4 | | Precautionary catch limit
Cyprus | 5,6 |
Union | 15 |
TAC | Not relevant |

(a)   Maximum level of catches carried out by longlines and handlines expressed in tonnes live weight

ANNEX VIIFISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE ALBORAN SEA
Species: | Blackspot seabreamPagellus bogaraveo | Zone: | Union waters in the Alboran Sea – GSAs 1, 2 and 3 (SBR/GF 1-3)
Spain | 29,76 | | Maximum level of catches
Union | 29,76 |
TAC | Not relevant | (b) Maximum number of longlines and handlines authorised for fishing in the Alboran Sea (GSAs 1, 2 and 3)
Member State | Blackspot seabream in GSAs 1, 2 and 3
Spain | 82
ANNEX VIIIFISHING OPPORTUNITIES FOR UNION FISHING VESSELS IN THE BLACK SEAThe tables in this Annex set out TACs and quotas expressed in tonnes live weight by stock and, where appropriate, the conditions functionally linked thereto.
All fishing opportunities set out in this Annex shall be subject to the rules set out in Articles 26 to 35 of Regulation (EC) No 1224/2009.
Reference to fishing zones are references to GFCM GSAs.
For the purposes of this Annex, the following comparative table of Latin names and common names is provided:

Scientific name | Alpha-3 code | Common name
Sprattus sprattus | SPR | Sprat
Scophthalmus maximus | TUR | Turbot

Species: | SpratSprattus sprattus | Zone: | Union waters in the Black Sea – GSA 29(SPR/F3742C)
Bulgaria | 8 032,50 | | Analytical TACArticle 3(2) and (3) of Regulation (EC) No 847/96 shall not apply.Article 4 of Regulation (EC) No 847/96 shall not apply.
Romania | 3 442,50 |
Union | 11 475 |
TAC | Not relevant |

Species: | TurbotScophthalmus maximus | Zone: | Union waters in the Black Sea – GSA 29(TUR/F3742C)
Bulgaria | 95 | | Analytical TACArticle 3(2) and 3(3) of Regulation (EC) No 847/96 shall not apply.Article 4 of Regulation (EC) No 847/96 shall not apply.
Romania | 75 |
Union | 170 | (*1)
TAC | 857 |
(*1) No fishing activity, including transhipment, retaining on board, landing and first sale, shall be permitted from 15 April to 15 June 2024.

Pending: 32023R1776

15.9.2023 EN Official Journal of the European Union L 228/199
(1) Following an investigation (‘the original investigation’), the Council imposed, by Council Implementing Regulation (EU) No 457/2011(2), definitive anti-dumping measures on imports of melamine originating in the People’s Republic of China (‘the PRC’ or ‘China’).
(2) By Commission Implementing Regulation (EU) 2017/1171(3), the Commission re-imposed definitive anti-dumping measures on imports of melamine originating in the People’s Republic of China following an expiry review (‘the previous expiry review’).
(3) The measures currently in force have the form of a fixed duty of 415 EUR/tonne on all imports from the PRC with the exception of three cooperating Chinese exporting producers whose exports are subject to a minimum import price of 1 153 EUR/tonne.
(4) Following the publication of a notice of impending expiry of the measures in force(4), the Commission received a request for the initiation of an expiry review pursuant to Article 11(2) the basic Regulation.
(5) The request was submitted on 31 March 2022 by Borealis Agrolinz Melamine GmbH, OCI Nitrogen BV and Grupa Azoty Zaklady Azotowe Pulawy SA (‘the applicants’) on behalf of the Union industry of melamine, within the meaning of Article 5(4) of the basic Regulation.
(6) Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient evidence existed for the initiation of an expiry review, on 1 July 2022 the Commission initiated an expiry review of the anti-dumping measures applicable to imports of melamine, originating in the People’s Republic of China, on the basis of Article 11(2) of the basic Regulation. It published a Notice of Initiation in theOfficial Journal of the European Union(5)(‘the Notice of Initiation’).
(7) The investigation of continuation or recurrence of dumping covered the period from 1 July 2021 to 30 June 2022 (‘the review investigation period’ or ‘RIP’). The examination of trends relevant for the assessment of the likelihood of continuation or recurrence of injury covered the period from 1 January 2019 to the end of the review investigation period (‘the period considered’).
(8) In the Notice of Initiation, interested parties were invited to contact the Commission in order to participate in the investigation. In addition, the Commission specifically informed the applicants, other known Union producers, the known exporting producers in the PRC, the PRC authorities, known importers, users, traders, as well as associations known to be concerned about the initiation of the expiry review and invited them to participate.
(9) Interested parties had an opportunity to comment on the initiation of the expiry review and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings. None of the interested parties requested a hearing.
(10) China Chamber of Commerce for Metals, Minerals and Chemicals Importers & Exporters (‘CCCMC’) submitted comments further to the expiry review request or the aspects regarding the initiation of the present investigation as provided under point 5.2 of the Notice of Initiation.
(11) CCCMC provided comments concerning the application of Article 2(6a) of the basic Regulation, the existence of siginificant distortions in the PRC and the selection of an appropriate representative country. Those comments are addressed below in Sections 3.2.2, 3.2.2.1, and 3.2.2.2.
(12) Furthermore, CCCMC argued that the request contained an incorrectly calculated dumping margin. In this respect, CCCMC claimed that although the applicants constructed the normal value for two different production technologies used in the PRC, they failed to take into account different production processes (e.g. fully integrated melamine producersversusproducers using purchased urea) and different raw materials (melamine produced from natural gas or coal as the two potential ultimate raw materials). With regard to the export price, according to CCCMC, the applicants were wrong to use prices of melamine originating in the PRC when exported to third countries as those prices were influenced by the situation on the respective local markets and thus not representative of pricing decisions for exports to the Union.
(13) The Commission noted that CCCMC did not identify any actual errors in the dumping margin calculation. It merely claimed that the information used for the construction of the normal value was insufficient as it did not cover all potential production processes and raw materials used in production. In this respect, the Commission carried out its examination of the request in accordance with Article 11(2) of the basic Regulation and came to the conclusion that the requirements for initiation of an expiry review were met, i.e. that there was sufficient evidence to initiate the proceeding. According to Article 5(2) of the basic Regulation, by analogy, a request shall contain such information as is reasonably available to the applicants. The legal standard of evidence required for the purpose of initiating a review (‘sufficient’ evidence) is different from what is necessary for the purpose of a preliminary or final determination of the existence of dumping. Therefore, evidence which is insufficient in quantity or quality to justify a preliminary or final determination of dumping may nevertheless be sufficient to justify the initiation of an investigation(6).
(14) Furthermore, with regard to the export price, the Commission noted that in the light of the considerations explained in recital (13), the applicants were not incorrect when relying on export prices to third countries for the determination of recurrence of dumping in a situation where the export price to the Union is guided by a minimum import price.
(15) Consequently, the Commission rejected CCCMC’s claim of incorrectly calculated dumping margin in the expiry review request.
(16) CCCMC further submitted that the allegations concerning the likelihood of recurrence of dumping in the expiry review request were without merit. In particular, CCCMC addressed the existence of spare capacity in the PRC and the level of export prices to third countries.
(17) In this respect, CCCMC argued that the applicants wrongly assumed that Chinese producers would mobilise their large spare capacity should the measure lapse. According to CCCMC, it would require years-long transitional period for additional producers to meet the technical requirements of Union customers and to gain experience with trading practices in the Union. In addition, CCCMC claimed that one of the Chinese companies referenced in the request was building a new plant only to replace its existing production capacity. Therefore, CCCMC requested the Commission to verify the accuracy, reliability and probability of the planned production capacity increases listed in the request(7).
(18) Moreover, CCCMC criticised the applicants’ assumption that should the measures lapse, Chinese producers would redirect their low-priced exports from third countries to the Union market at the same price. According to CCCMC, the applicants failed to explain why the Chinese export prices to third countries were a reliable indicator of future export prices to the Union. The association further claimed that the Chinese producers would sell at the current high export price to the Union even if measures were terminated and that they would not abandon already developed reliable export markets of third countries.
(19) The Commission noted that CCCMC did not provide any evidence supporting its claims related either to spare capacity or to the export price to third countries. On the contrary, the evolution of imports originating in the PRC in the period 2018–2021, as demonstrated by Table 9 of the request, pointed to the fact that Chinese producers are well able and willing to either mobilise their spare capacity or redirect their exports from third countries to the Union depending on the price on the Union market. Finally, the Commission noted that the analysis provided by the applicants in the request must also be examined in the light of the requirements on sufficient evidence laid down in Articles 11(2) and 5(2) of the basic Regulation. When examining the request, the Commission concluded that the analysis of spare capacity in the PRC and of export prices to third countries constituted sufficient evidence of likelihood of recurrence of dumping for the purpose of the expiry review request.
(20) Therefore, the Commission rejected CCCMC’s claims concerning the likelihood of recurrence of dumping analysis included in the expiry review request.
(21) Furthermore, CCCMC submitted comments concerning the likelihood of recurrence of injury. In that regard, CCCMC referred to the arguments made by the applicants in the expiry review request. CCCMC first attempted to rebut the significance of an increase in market shares of Chinese imports from 5 % to 6 % between 2018 and 2021, as summarized in Table 14 of the request. Secondly, CCCMC claimed that any difference between Union industry sales prices and Chinese import prices was caused by a difference in costs of production incurred. Thirdly, CCCMC questioned that Union producers profit rates could turn negative if Union industry prices dropped to the same levels as Chinese import prices.
(22) The Commission noted that the applicant merely pointed at the fact that imports from China had been increasing, which indeed was the case from 2018 to 2021, without emphasizing the significance of that increase. However, the Commission also noted that the same table showed that the increase was significantly more pronounced if 2019 or 2020 was used as the starting point. The claim by CCCMC was therefore rejected. As to the claim on any difference between Union industry sales prices and Chinese import prices, the Commission noted that first, the claim by CCCMC was not substantiated by any evidence on cost of production incurred by Chinese exporting producers and second, cost of production of melamine are mainly driven by the cost of urea, which in turn is driven mainly by the cost of natural gas. Both urea and natural gas are commodities, the prices of which are, in the absence of state distortions, largely aligned in world markets. The claim was therefore rejected. As to the third claim, the Commission noted that as Union producers’ cost of production were at about the same levels as or above Chinese import prices, Union producers’ profit rates could indeed turn negative or at best only trail around break-even if Union industry prices dropped to the same levels as Chinese import prices.
(23) In the Notice of Initiation, the Commission stated that it might sample the interested parties in accordance with Article 17 of the basic Regulation.
(24) In the Notice of Initiation, the Commission stated that it had provisionally selected a sample of three Union producers, located in three different Member States. The Commission selected the sample on the basis of the volume of production and sales of the like product in the Union during the period from 1 July 2021 to 30 June 2022 reported by the Union producers in the context of the pre-initiation standing assessment analysis. The sample accounted for 82 % of the estimated production in the Union of the like product. The Commission invited interested parties to comment on its provisional sample. No comments were received and the sample was considered representative of the Union industry.
(25) To decide whether sampling was necessary and, if so, to select a sample, the Commission asked unrelated importers to provide the information specified in the Notice of Initiation. Only one unrelated importer, namely Borghi SpA, Grandate/Italy, came forward. Consequently, the Commission decided that sampling was not necessary and requested Borghi SpA to complete the questionnaire for unrelated importers. However, Borghi SpA did not submit any questionnaire reply.
(26) To decide whether sampling was necessary and, if so, to select a sample, the Commission asked all exporting producers in the PRC to provide the information specified in the Notice of Initiation. In addition, the Commission asked the Mission of the People’s Republic of China to the European Union to identify and/or contact other exporting producers, if any, that could be interested in participating in the investigation.
(27) One producer in the country concerned, the company Xinjiang Xinlianxin Energy Chemical Co., Ltd. (‘Xinjiang XLX’), provided the requested information and agreed to be included in the sample. The producer represented less than 3 % of total imports of melamine originating in the PRC in the review investigation period.
(28) Considering the low level of cooperation, the Commission considered it appropriate to apply Article 18 of the basic Regulation to the non-cooperating exporting producers in the PRC and to base its country-wide findings on the likelihood of continuation and/or recurrence of dumping and injury on facts available.
(29) In accordance with Article 17(2) of the basic Regulation, all known exporting producers concerned, and the authorities of the country concerned, were consulted on the Commission’s considerations. In addition, the Commission informed Xinjiang XLX that for the sake of administrative economy, the Commission might not conduct the deficiency process and verification of the questionnaire reply. Any information provided by the company might be however used as fact available where appropriate. No comments were made.
(30) The Commission sent a questionnaire concerning the existence of significant distortions in the PRC within the meaning of Article 2(6a)(b) of the basic Regulation to the Government of the People’s Republic of China (‘GOC’).
(31) The Commission sent questionnaires to the one cooperating exporting producer, to sampled Union producers, to the one unrelated importer that came forward in the course of the sampling procedure, and to all known users of melamine. All applicable questionnaires were made available on DG Trade’s website(8)on the day of initiation. In the course of the investigation, the Commission sent a questionnaire to the applicants requesting macroeconomic data of the Union industry.
(32) Questionnaire replies were received from the one cooperating exporting producer, the three sampled Union producers, the applicants, one unrelated importer and three users.
(33) The Commission sought and verified all the information deemed necessary for the determination of likelihood of continuation or recurrence of dumping and injury and of the Union interest.
(34) Verification visits pursuant to Article 16 of the basic Regulation were carried out at the premises of the following companies:Union producers:—Borealis Agrolinz Melamine GmbH, Linz, Austria;—Grupa Azoty Zaklady Azotowe, Pulawy, Poland;—OCI Nitrogen B.V., Geleen, The Netherlands. — Borealis Agrolinz Melamine GmbH, Linz, Austria; — Grupa Azoty Zaklady Azotowe, Pulawy, Poland; — OCI Nitrogen B.V., Geleen, The Netherlands.
— Borealis Agrolinz Melamine GmbH, Linz, Austria;
— Grupa Azoty Zaklady Azotowe, Pulawy, Poland;
— OCI Nitrogen B.V., Geleen, The Netherlands.
— Borealis Agrolinz Melamine GmbH, Linz, Austria;
— Grupa Azoty Zaklady Azotowe, Pulawy, Poland;
— OCI Nitrogen B.V., Geleen, The Netherlands.
(35) Remote crosscheck of the information used in the expiry review request for the construction of the normal value was conducted online with the following Union producer:—OCI Nitrogen B.V., Geleen, The Netherlands. — OCI Nitrogen B.V., Geleen, The Netherlands.
— OCI Nitrogen B.V., Geleen, The Netherlands.
— OCI Nitrogen B.V., Geleen, The Netherlands.
(36) On 14 June 2023, the Commission disclosed the essential facts and considerations on the basis of which it intended to maintain the anti-dumping duties in force. All parties were set a deadline within which they could make comments on the disclosure and request a hearing.
(37) Comments were received from Xinjiang XLX and from the CCCMC. The comments were considered by the Commission and taken into account, where appropriate. The sampled Union producers welcomed the Commission’s conclusion and made no further comments. No party requested a hearing.
(38) The product subject to this review is melamine (‘the product under review’), currently falling under CN code 2933 61 00.
(39) Melamine is a white crystalline powder produced predominantly from urea and is used mainly for producing laminates, resins, wood adhesives, moulding compounds and paper/textile treatments.
(40) Product concerned by this investigation is the product under review (see recital (38)) originating in China.
(41) As shown in the investigation leading to the imposition of the measures in force(9), the following products have the same basic physical and technical characteristics as well as the same basic uses:—the product concerned when exported to the Union;—the product under review produced and sold on the domestic market of the country concerned (China); and—the product under review produced and sold in the Union by the Union industry.These products are therefore considered to be like products within the meaning of Article 1(4) of the basic Regulation. — the product concerned when exported to the Union; — the product under review produced and sold on the domestic market of the country concerned (China); and — the product under review produced and sold in the Union by the Union industry.
— the product concerned when exported to the Union;
— the product under review produced and sold on the domestic market of the country concerned (China); and
— the product under review produced and sold in the Union by the Union industry.
— the product concerned when exported to the Union;
— the product under review produced and sold on the domestic market of the country concerned (China); and
— the product under review produced and sold in the Union by the Union industry.
(42) During the period considered, imports of melamine from the PRC continued. In the first half of the period considered, they were at volumes lower than in the investigation period of the original investigation (i.e. from 1 January 2009 to 31 December 2009). In the second half of the period considered, however, the import volumes increased considerably and by far exceeded the volumes recorded in the investigation period of the original investigation. In the review investigation period, the imports of melamine from the PRC were almost four times higher than in the investigation period of the original investigation. At the same time, they were eightfold in comparison to the review investigation period of the previous expiry review.
(43) According to Eurostat (the Comext database) imports of melamine from the PRC accounted for about 15 % of the Union market in the review investigation period (see Table 3) compared to 6,5 % market share during the original investigation and 2 % during the previous expiry review. In absolute terms, the volume of imports of melamine originating in the PRC first decreased from 17 434 tonnes in the investigation period of the original investigation to 7 938 tonnes in the review investigation period of the first expiry review only to grow again to 64 673 tonnes in the review investigation period of the present expiry review.
(44) As mentioned in recital (27), only one producer from the PRC cooperated in the investigation representing less than 3 % of imports of the product concerned during the RIP. Therefore, the Commission informed the authorities of the PRC that due to this very limited level of cooperation, the Commission may apply Article 18 of the basic Regulation concerning the findings with regard to the determination of likelihood of continuation or recurence of dumping. The Commission did not receive any comments or requests for an intervention of the Hearing Officer in this regard.
(45) Consequently, in accordance with Article 18 of the basic Regulation, the findings in relation to the likelihood of continuation or recurrence of dumping were based on facts available, in particular information contained in the expiry review request, readily available information from Turkish producers of products in the ammonia value chain, information from the Turkish Statistical Institute, Kocaeli City Water and Sewerage General Directorate, and Global Trade Atlas.
(46) Given the sufficient evidence available at the initiation of the investigation tending to show, with regard to the PRC, the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation, the Commission initiated the investigation on the basis of Article 2(6a) of the basic Regulation.
(47) In order to obtain information it deemed necessary for its investigation with regard to the alleged significant distortions, the Commission sent a questionnaire to the GOC. In addition, in point 5.3.2 of the Notice of Initiation, the Commission invited all interested parties to make their views known, submit information and provide supporting evidence regarding the application of Article 2(6a) of the basic Regulation within 37 days of the date of publication of the Notice of Initiation in theOfficial Journal of the European Union. No questionnaire reply was received from the GOC. Subsequently, the Commission informed the GOC that it would use facts available within the meaning of Article 18 of the basic Regulation for the determination of the existence of the significant distortions in the PRC.
(48) The comments submitted by CCCMC are addressed in Section 3.2.2.1.
(49) In point 5.3.2 of the Notice of Initiation, the Commission also specified that, in view of the evidence available, it may need to select an appropriate representative country pursuant to Article 2(6a)(a) of the basic Regulation for the purpose of determining the normal value based on undistorted prices or benchmarks. It also specified that a possible representative third country for the PRC in this case was Türkiye, but that it would examine other possibly appropriate countries in accordance with the criteria set out in first indent of Article 2(6a) of the basic Regulation.
(50) On 24 February 2023, the Commission issued a note on the sources for the determination of the normal value (‘Note on sources’).
(51) In the Note on sources, the Commission informed interested parties that in the absence of cooperation, it would need to rely on facts available according to Article 18 of the basic Regulation. Therefore, the Commission intended to use the information contained in the expiry review request, combined with other sources of information deemed appropriate according to the relevant criteria laid down in Article 2(6a) of the basic Regulation in accordance with Article 18(5) of the basic Regulation.
(52) By the Note on sources, the Commission also informed interested parties that it intended to use Türkiye as representative country and about the relevant sources it intended to use for the determination of the normal value with Türkiye as the representative country.
(53) In the Note on sources, the Commission informed interested parties that, given the absence of cooperation it would base other direct costs and manufacturing overheads on the information regarding the Union industry provided in the expiry review request.
(54) It further informed interested parties that it would establish selling, general and administrative expenses (‘SG&A’) and profit based on publicly available information for three Turkish producers of products in the ammonia value chain, namely Ege Gübre Sanayii A.Ş., Tekfen Holding A.Ş., and Bagfaş Bandirma Gübre Fabrikalari A.Ş.
(55) Finally, by the Note on sources, the Commission invited interested parties to comment on the sources and the appropriateness of Türkiye as a representative country and to suggest other countries, provided they would submitt sufficient information on the relevant criteria.
(56) The Commission received comments from CCCMC. The association maintained that the Commission should use the questionnaire reply of Xinjiang XLX as fact available, take into account the various production processes and raw materials for the construction of the normal value and criticised undistorted values of certain inputs, SG&A and profit. Those comments are addressed in Sections 3.2.2.2, 3.2.2.3.1, 3.2.2.3.2, and 3.2.2.3.5 of this Regulation.
(57) According to Article 2(1) of the basic Regulation, ‘the normal value shall normally be based on the prices paid or payable, in the ordinary course of trade, by independent customers in the exporting country’.
(58) However, according to Article 2(6a)(a) of the basic Regulation, ‘in case it is determined […] that it is not appropriate to use domestic prices and costs in the exporting country due to the existence in that country of significant distortions within the meaning of point (b), the normal value shall be constructed exclusively on the basis of costs of production and sale reflecting undistorted prices or benchmarks’, and ‘shall include an undistorted and reasonable amount of administrative, selling and general costs and for profits’ (‘administrative, selling and general costs’ is referred hereinafter as ‘SG&A’).
(59) As further explained below, the Commission concluded in the present investigation that, based on the evidence available, and in view of the absence of cooperation by the GOC and of meaningful cooperation by the exporting producers, the application of Article 2(6a) of the basic Regulation was appropriate.
(60) In accordance with Article 2(6a) of the basic Regulation, the normal value was constructed. In the expiry review request, the applicants constructed the normal value for two production technologies, the Tsinghua technology used exclusively in the PRC and the Eurotecnica technology used in the PRC but also by the producers in the Union. For the purpose of this investigation, the Commission limited its findings to the Eurotecnica technology, for which the list of factors of production and their consumption quantities could be properly crosschecked with the applicants that provided the information for the expiry review request. The Commission considered that a normal value constructed based on average consumption quantities, drawn from a brochure of the manufacturer of the equipment used in the production process, as provided in the expiry review request, was more representative in terms of utilisation rates for the purpose of country-wide findings than the individual consumptions of the one cooperating exporting producer achieved in its specific conditions of operation.
(61) Article 2(6a)(b) of the basic Regulation stipulates that‘significant distortions are those distortions which occur when reported prices or costs, including the costs of raw materials and energy, are not the result of free market forces as they are affected by substantial government intervention. In assessing the existence of significant distortions regard shall be had, inter alia, to the potential impact of one or more of the following elements:—the market in question being served to a significant extent by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country;—state presence in firms allowing the state to interfere with respect to prices or costs;—public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces;—the lack, discriminatory application or inadequate enforcement of bankruptcy, corporate or property laws;—wage costs being distorted;—access to finance granted by institutions which implement public policy objectives or otherwise not acting independently of the state’. — the market in question being served to a significant extent by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country; — state presence in firms allowing the state to interfere with respect to prices or costs; — public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces; — the lack, discriminatory application or inadequate enforcement of bankruptcy, corporate or property laws; — wage costs being distorted; — access to finance granted by institutions which implement public policy objectives or otherwise not acting independently of the state’.
— the market in question being served to a significant extent by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country;
— state presence in firms allowing the state to interfere with respect to prices or costs;
— public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces;
— the lack, discriminatory application or inadequate enforcement of bankruptcy, corporate or property laws;
— wage costs being distorted;
— access to finance granted by institutions which implement public policy objectives or otherwise not acting independently of the state’.
— the market in question being served to a significant extent by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country;
— state presence in firms allowing the state to interfere with respect to prices or costs;
— public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces;
— the lack, discriminatory application or inadequate enforcement of bankruptcy, corporate or property laws;
— wage costs being distorted;
— access to finance granted by institutions which implement public policy objectives or otherwise not acting independently of the state’.
(62) As the list in Article 2(6a)(b) of the basic Regulation is non-cumulative, not all the elements need to be given for a finding of significant distortions. Moreover, the same factual circumstances may be used to demonstrate the existence of one or more of the elements of the list. However, any conclusion on significant distortions within the meaning of Article 2(6a)(a) of the basic Regulation must be made on the basis of all the evidence at hand. The overall assessment on the existence of distortions may also take into account the general context and situation in the exporting country, in particular where the fundamental elements of the exporting country’s economic and administrative set-up provides the government with substantial powers to intervene in the economy in such a way that prices and costs are not the result of the free development of market forces.
(63) Article 2(6a)(c) of the basic Regulation provides that ‘[w]here the Commission has well-founded indications of the possible existence of significant distortions as referred to in point (b) in a certain country or a certain sector in that country, and where appropriate for the effective application of this Regulation, the Commission shall produce, make public and regularly update a report describing the market circumstances referred to in point (b) in that country or sector’.
(64) Pursuant to this provision, the Commission has issued a country report concerning the PRC (‘the Report’)(10), showing the existence of substantial government intervention at many levels of the economy, including specific distortions in many key factors of production (such as land, energy, capital, raw materials and labour) as well as in specific sectors (such as steel and chemicals). Interested parties were invited to rebut, comment or supplement the evidence contained in the investigation file at the time of initiation. The Report was placed in the investigation file at the initiation stage. The request also contained some relevant evidence complementing the Report.
(65) More specifically, the request, referring to the Report, indicated that structural distortions in many Chinese industrial sectors have contributed to the particularly low cost of natural gas and state interference in the urea market, one of the main components of melamine. The low price of natural gas has allowed melamine producers to produce the product under review at an artificially low cost. The request further outlines various types of state intervention in the urea market, such as the existence of strict import quotas for urea, high export taxes during the peak season, the exemption of the domestic sale of urea from VAT and the strategic stockpiling of urea by the Chinese government through the state fertiliser system. Moreover, the request pointed towards different findings of the United States on GOC’s interventions favouring the Chinese Melamine industry, such as preferential lending, income tax programmes, tax programmes on tariff exemptions, VAT rebates, exemptions form administrative charges, government provisions and several grants, as well as export subsidy programs for the melamine market identified by the United States authorities. Furthermore, the request pointed out that policies of GOC, such as those detailed in the national 14thFYP, have confirmed the continued involvement of the state in the petrochemical and chemical sector which are categorized as ‘a pillar industry of the national economy’, as well as previous FYPs, such as the Guiding Opinions on promoting the high-quality development of the petrochemical and chemical industry during the 14thFYP, which refer to the socialist market economy as an overarching principle and objective, aiming to create Chinese national champions. In addition, referring back to the Report, the request noted significant distortions through the inadequate use of bankruptcy, corporate and property laws, as well access to capital through the financial system. According to the request, those policies are likely to have a distortive impact on the melamine industry.
(66) The Commission examined whether it was appropriate or not to use domestic prices and costs in the PRC, due to the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation. The Commission did so on the basis of the evidence available on the file, including the evidence contained in the Report, which relies on publicly available sources. That analysis covered the examination of the substantial government interventions in the PRC’s economy in general, but also the specific market situation in the relevant sector including the product under review. The Commission further supplemented these evidentiary elements with its own research on the various criteria relevant to confirm the existence of significant distortions in the PRC.
(67) The Chinese economic system is based on the concept of a ‘socialist market economy’. That concept is enshrined in the Chinese Constitution and determines the economic governance of the PRC. The core principle is the ‘socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people’. The state-owned economy is the ‘leading force of the national economy’ and the state has the mandate ‘to ensure its consolidation and growth’(11). Consequently, the overall setup of the Chinese economy not only allows for substantial government interventions into the economy, but such interventions are expressly mandated. The notion of supremacy of public ownership over the private one permeates the entire legal system and is emphasized as a general principle in all central pieces of legislation. The Chinese property law is a prime example: it refers to the primary stage of socialism and entrusts the state with upholding the basic economic system under which the public ownership plays a dominant role. Other forms of ownership are tolerated, with the law permitting them to develop side by side with the state ownership(12).
(68) In addition, under Chinese law, the socialist market economy is developed under the leadership of the Chinese Communist Party (‘CCP’). The structures of the Chinese state and of the CCP are intertwined at every level (legal, institutional, personal), forming a superstructure in which the roles of CCP and the state are indistinguishable. Following an amendment of the Chinese Constitution in March 2018, the leading role of the CCP was given an even greater prominence by being reaffirmed in the text of Article 1 of the Constitution. Following the already existing first sentence of the provision: ‘[t]he socialist system is the basic system of the People’s Republic of China’ a new second sentence was inserted which reads: ‘[t]he defining feature of socialism with Chinese characteristics is the leadership of the Communist Party of China’(13). This illustrates the unquestioned and ever growing control of the CCP over the economic system of the PRC. This leadership and control is inherent to the Chinese system and goes well beyond the situation customary in other countries where the governments exercise general macroeconomic control within the boundaries of which free market forces are at play.
(69) The Chinese state engages in an interventionist economic policy in pursuance of goals, which coincide with the political agenda set by the CCP rather than reflecting the prevailing economic conditions in a free market(14). The interventionist economic tools deployed by the Chinese authorities are manifold, including the system of industrial planning, the financial system, as well as the level of the regulatory environment.
(70) First, on the level of overall administrative control, the direction of the Chinese economy is governed by a complex system of industrial planning which affects all economic activities within the country. The totality of these plans covers a comprehensive and complex matrix of sectors and crosscutting policies and is present on all levels of government. Plans at provincial level are detailed while national plans set broader targets. Plans also specify the means in order to support the relevant industries/sectors as well as the timeframes in which the objectives need to be achieved. Some plans still contain explicit output targets. Under the plans, individual industrial sectors and/or projects are being singled out as (positive or negative) priorities in line with the government priorities and specific development goals are attributed to them (industrial upgrade, international expansion, etc.). The economic operators, private and state-owned alike, must effectively adjust their business activities according to the realities imposed by the planning system. This is not only because of the binding nature of the plans but also because the relevant Chinese authorities at all levels of government adhere to the system of plans and use their vested powers accordingly, thereby inducing the economic operators to comply with the priorities set out in the plans (see also Section 3.2.2.1.5 below)(15).
(71) Second, on the level of allocation of financial resources, the financial system of the PRC is dominated by the state-owned commercial and policy banks. Those banks, when setting up and implementing their lending policy need to align themselves with the government’s industrial policy objectives rather than primarily assessing the economic merits of a given project (see also Section 3.2.2.1.8 below)(16). The same applies to the other components of the Chinese financial system, such as the stock markets, bond markets, private equity markets etc. Also, these parts of the financial sector are institutionally and operationally set up in a manner not geared towards maximizing the efficient functioning of the financial markets but towards ensuring control and allowing intervention by the state and the CCP(17).
(72) Third, on the level of regulatory environment, the interventions by the state into the economy take a number of forms. For instance, the public procurement rules are regularly used in pursuit of policy goals other than economic efficiency, thereby undermining market-based principles in the area. The applicable legislation specifically provides that public procurement shall be conducted in order to facilitate the achievement of goals designed by state policies. However, the nature of these goals remains undefined, thereby leaving broad margin of appreciation to the decision-making bodies(18). Similarly, in the area of investment, the GOC maintains significant control and influence over destination and magnitude of both state and private investment. Investment screening as well as various incentives, restrictions, and prohibitions related to investment are used by authorities as an important tool for supporting industrial policy goals, such as maintaining state control over key sectors or bolstering domestic industry(19).
(73) In sum, the Chinese economic model is based on certain basic axioms, which provide for and encourage manifold government interventions. Such substantial government interventions are at odds with the free play of market forces, resulting in distorting the effective allocation of resources in line with market principles(20).
(74) In the PRC, enterprises operating under the ownership, control and/or policy supervision or guidance by the state represent an essential part of the economy.
(75) An analysis of the biggest Chinese melamine producers, namely Henan Zhongyuan Dahua Co., Ltd.(21), Henan Haohua Junhua Co., Ltd.(22), Sichuan Golden-Elephant Sincerity Chemical Co., Ltd.(23)and Xinjiang Xinlianxin Chemical Energy Co., Ltd.(24), shows considerable state interference. While Henan Zhongyuan Dahua Co., Ltd., is a State Owned Enterprise (‘SOE’) wholly owned by Henan Energy and Chemical Industry Group (an SOE under SASAC(25)), the GOC maintains a 35 % stake in Henan Haohua Junhua Co. Ltd.,(26), which is held by Sinochem Holding an SOE under the supervision of SASAC, through its subsidiary Haohua Chemical Co. Sinochem Holding(27). Beyond formal ownership, state authorities can control and supervise companies through informal channels, as illustrated by the privately owned melamine-producing company Sichuan Golden-Elephant Sincerity Co., Ltd.(28)which, according to public sources, received financial support through a preferential loan by the Meishan City Market Supervision Administration and the Meishan Central Sub-branch of the People’s Bank of China(29)‘to promote quality development, stabilize the economy, and stabilize market players’(30). The cooperating exporting producer, Xinjiang XLX(31), does also stress on its website that ‘under the policy guidance and strong support of the autonomous region, state, county party committee, and government, Xinlianxin Company has achieved leapfrog development, and it has also witnessed the major development achievements of our district […] under the strong leadership of the Party Central Committee with Comrade Xi Jinping as the core, and with the full support of the autonomous region, the district, the county committee, and the government(32). In addition, given that CCP interventions into operational decision making have become the norm also in private companies(33), with CCP claiming leadership over virtually every aspect of the country’s economy, the influence of the state by means of CCP structures within companies effectively results in economic operators being under control and policy supervision of the government, given how far the state and Party structures have grown together in the PRC.
(76) This is apparent also at the level of the China Petrochemical and Chemical Industry Federation (‘CPCIF’) the sectoral industry association. According to Art. 3 of CPCIF’s Articles of Association, the organisation ‘accepts the professional guidance, supervision and management by the entities in charge of registration and management, by entities in charge of Party building, as well as by the relevant administrative departments in charge of industry management’(34).
(77) Consequently, even privately owned producers in the sector of the product under review are prevented from operating under market conditions. Indeed, both public and privately owned enterprises in the sector are subject to policy supervision and guidance as also set out in Section 3.2.2.1.5 below.
(78) Apart from exercising control over the economy by means of ownership of SOEs and other tools, the GOC is in position to interfere with prices and costs through state presence in firms. While the right to appoint and to remove key management personnel in SOEs by the relevant state authorities, as provided for in the Chinese legislation, can be considered to reflect the corresponding ownership rights(35), CCP cells in enterprises, state-owned and private alike, represent another important channel through which the state can interfere with business decisions. According to the PRC’s company law, a CCP organisation is to be established in every company (with at least three CCP members as specified in the CCP Constitution(36)) and the company shall provide the necessary conditions for the activities of the party organisation. In the past, this requirement appears not to have always been followed or strictly enforced. However, since at least 2016 the CCP has been reinforcing its claims to control business decisions in companies as a matter of political principle(37), including exercising pressure on private companies to put ‘patriotism’ first and to follow party discipline(38). In 2017, it was reported that party cells existed in 70 % of some 1,86 million privately owned companies, with growing pressure for the CCP organisations to have a final say over the business decisions within their respective companies(39). These rules are of general application throughout the Chinese economy, across all sectors, including to the producers of the product under review and the suppliers of their inputs.
(79) In addition, on 15 September 2020 a document titled General Office of CCP Central Committee’s Guidelines on stepping up the United Front work in the private sector for the new era (the Guidelines)(40)was released, which further expanded the role of the party committees in private enterprises. Section II.4 of the Guidelines state: ‘[w]e must raise the Party’s overall capacity to lead private-sector United Front work and effectively step up the work in this area’; and Section III.6 states: ‘[w]e must further step up Party building in private enterprises and enable the Party cells to play their role effectively as a fortress and enable Party members to play their parts as vanguards and pioneers.’ The Guidelines thus emphasise and seeks to increase the role of the CCP in companies and other private sector entities(41).
(80) The investigation confirmed that overlaps between managerial positions and CCP membership/Party functions are commonplace in the melamine sector. Indeed, the respective chairmen of the board of directors of Henan Zhongyuan Dahua Co., Ltd., Henan Haohua Junhua Co., Ltd., Sichuan Golden Elephant Sincerity Co., Ltd. and Xinjiang Xin Lian Xin Chemical Energy Co., Ltd. are also Party Committees Secretaries in their respective companies.
(81) The state’s presence and intervention in the financial markets (see also Section 3.2.2.1.8 below) as well as in the provision of raw materials and inputs further have an additional distorting effect on the market(42). Thus, the state presence in firms, in the melamine and other sectors (such as the financial and input sectors) allow the GOC to interfere with respect to prices and costs.
(82) The direction of the Chinese economy is to a significant degree determined by an elaborate system of planning which sets out priorities and prescribes the goals the central, provincial and local governments must focus on. Relevant plans exist at all levels of government and cover virtually all economic sectors. The objectives set by the planning instruments are of a binding nature and the authorities at each administrative level monitor the implementation of the plans by the corresponding lower level of government. Overall, the system of planning in the PRC results in resources being driven to sectors designated as strategic or otherwise politically important by the government, rather than being allocated in line with market forces(43).
(83) The Chinese authorities have enacted a number of policies guiding the functioning of the sector of the product under review.
(84) To start with, the 14thFYP on raw materials(44)outlines that ‘the intensive development of chemical industrial parks will be significantly improved, thus giving rise to a group of petrochemical industrial bases’(45). The plan further urges the industry to ‘strictly control the new production capacity of urea’,one of the main components of melamine, and ‘increase the standards for eliminating obsolete production capacity, and use comprehensive standards to promote the exit of obsolete production capacity in accordance with laws and regulations’(46). Furthermore, ‘all localities need to strengthen compliance with this Plan and integrate the Plan’s main contents and major projects into in their key local tasks. Petrochemical and chemical, […] shall formulate specific implementation opinions focussing on the objectives and tasks of this Plan and taking into account the actual conditions prevailing in the aforesaid sectors’(47). Moreover, the 14thFYP on the green development of industry(48)outlines that ‘new capacity should be brought under strict control in industries such as urea’(49). This is in line with the 2019 Guiding Catalogue for industry structural adjustment(50), which lists Urea production facilities among the facilities ‘to be eliminated’ and thus kept under control(51). On the province level, the Jiangsu 14thFYP on high-end development of chemical industry(52)outlines the local authorities’ intention to ‘continue to control new production capacity in excess industries such as oil refining, urea, ammonium phosphate, caustic soda, polyvinyl chloride, soda ash, calcium carbide, and yellow phosphorus’(53). The Shandong 14thFYP on the development of chemical industry(54)specifies to ‘improve the added value and refinement of products, and accelerate the formation of a coal-based chemical industry system with three main categories: coal-based oxygen-containing chemicals, coal-based chemical intermediates, and coal-based chemical new materials’ as well as to ‘focus on developing the industrial chain of coal-based fine chemicals’(55).
(85) In addition, the Guiding Opinion to promote the high-quality development of the petrochemical and chemical industries during 14thFYP(56)quantifies further parameters of the sector’s planned development: ‘By 2025, the petrochemical and chemical industry will basically form a high-quality development pattern with strong indigenous innovation capabilities, a reasonable structural layout, a green, safe, low-carbon development. It will also greatly improve capabilities to ensure high-end product, significantly enhance core competitiveness, and take resolute steps towards high-level self-reliance and self-improvement’(57)and several targets for the chemical sector: ‘[t]he production concentration level of bulk chemicals production will be further increased, and the capacity utilization rate will reach more than 80 % […] about 70 chemical industry parks with competitive advantages will be established’(58). It also emphasizes the need to: ‘strengthen the coordination of fiscal, financial, regional, investment, import and export, energy, ecological environment, price and other policies with industrial policies’ as well as to ‘[g]ive full play to the role of the national industry-finance joint cooperation platform, and promote bank-enterprise connections and industry-finance cooperation’(59).
(86) The Notice on Doing a Good Job in the Signing and Performance of Mid- and Long-Term Coal Contracts in 2021(60)of the National Development and Reform Commission further requires that the relevant market players: ‘strengthen the construction of industry self-discipline. All relevant industry associations should guide enterprises to strengthen self-discipline, implement the requirements of medium and long-term contracts, and may not sign unfair contracts by taking advantage of the market supply and demand situation and the industry’s dominant position. Large-scale enterprises should play an exemplary role and consciously regulate their decisions to sign contracts’(61). Through these and other means, the GOC therefore directs and controls virtually every aspect in the development and functioning of the sector, as well as the upstream inputs.
(87) In sum, the GOC has measures in place to induce operators to comply with the public policy objectives concerning the sector of melamine. Such measures impede market forces from operating freely.
(88) According to the information on file, the Chinese bankruptcy system delivers inadequately on its own main objectives such as to fairly settle claims and debts and to safeguard the lawful rights and interests of creditors and debtors. This appears to be rooted in the fact that while the Chinese bankruptcy law formally rests on principles that are similar to those applied in corresponding laws in countries other than the PRC, the Chinese system is characterised by systematic under-enforcement. The number of bankruptcies remains notoriously low in relation to the size of the country’s economy, not least because the insolvency proceedings suffer from a number of shortcomings, which effectively function as a disincentive for bankruptcy filings. Moreover, the role of the state in the insolvency proceedings remains strong and active, often having direct influence on the outcome of the proceedings(62).
(89) In addition, the shortcomings of the system of property rights are particularly obvious in relation to ownership of land and land-use rights in the PRC(63). All land is owned by the state (collectively owned rural land and State-owned urban land) and its allocation remains solely dependent on the state. There are legal provisions that aim at allocating land use rights in a transparent manner and at market prices, for instance by introducing bidding procedures. However, these provisions are regularly not respected, with certain buyers obtaining their land for free or below market rates(64). Moreover, authorities often pursue specific political goals including the implementation of the economic plans when allocating land(65).
(90) Much like other sectors in the Chinese economy, the producers of the product under review are subject to the ordinary rules on Chinese bankruptcy, corporate, and property laws. That has the effect that these companies, too, are subject to the top-down distortions arising from the discriminatory application or inadequate enforcement of bankruptcy and property laws. Those considerations, on the basis of the evidence available, appear to be fully applicable also in the melamine sector. The present investigation revealed nothing that would call those findings into question.
(91) In light of the above, the Commission concluded that there was discriminatory application or inadequate enforcement of bankruptcy and property laws in the sector of the product under review.
(92) A system of market-based wages cannot fully develop in the PRC as workers and employers are impeded in their rights to collective organisation. The PRC has not ratified a number of essential conventions of the International Labour Organisation (ILO), in particular those on freedom of association and on collective bargaining(66). Under national law, only one trade union organisation is active. However, this organisation lacks independence from the state authorities and its engagement in collective bargaining and protection of workers’ rights remains rudimentary(67). Moreover, the mobility of the Chinese workforce is restricted by the household registration system, which limits access to the full range of social security and other benefits to local residents of a given administrative area. This typically results in workers who are not in possession of the local residence registration finding themselves in a vulnerable employment position and receiving lower income than the holders of the residence registration(68). Those findings lead to the distortion of wage costs in the PRC.
(93) No evidence was submitted to the effect that the melamine sector would not be subject to the Chinese labour law system described. The sector is thus affected by the distortions of wage costs both directly (when making the product concerned or the main raw material for its production) as well as indirectly (when having access to capital or inputs from companies subject to the same labour system in the PRC).
(94) Access to capital for corporate actors in the PRC is subject to various distortions.
(95) Firstly, the Chinese financial system is characterised by the strong position of state-owned banks(69), which, when granting access to finance, take into consideration criteria other than the economic viability of a project. Similarly to non-financial SOEs, the banks remain connected to the state not only through ownership but also via personal relations (the top executives of large state-owned financial institutions are ultimately appointed by the CCP)(70)and, again just like non-financial SOEs, the banks regularly implement public policies designed by the GOC. In doing so, the banks comply with an explicit legal obligation to conduct their business in accordance with the needs of the national economic and social development and under the guidance of the industrial policies of the state(71). This is compounded by additional existing rules, which direct finances into sectors designated by the government as encouraged or otherwise important(72).
(96) While it is acknowledged that various legal provisions refer to the need to respect normal banking behaviour and prudential rules such as the need to examine the creditworthiness of the borrower, the overwhelming evidence, including findings made in trade defence investigations, suggests that these provisions play only a secondary role in the application of the various legal instruments.
(97) For example, the GOC has clarified that even private commercial banking decisions must be overseen by the CCP and remain in line with national policies. One of the state’s three overarching goals in relation to banking governance is now to strengthen the Party’s leadership in the banking and insurance sector, including in relation to operational and management issues(73). Also, the performance evaluation criteria of commercial banks have now to, notably, take into account how entities ‘serve the national development objectives and the real economy’, and in particular how they ‘serve strategic and emerging industries’(74).
(98) Furthermore, bond and credit ratings are often distorted for a variety of reasons including the fact that the risk assessment is influenced by the firm’s strategic importance to the GOC and the strength of any implicit guarantee by the government. Estimates strongly suggest that Chinese credit ratings systematically correspond to lower international ratings(75).
(99) This is compounded by additional existing rules, which direct finances into sectors designated by the government as encouraged or otherwise important(76). This results in a bias in favour of lending to SOEs, large well-connected private firms and firms in key industrial sectors, which implies that the availability and cost of capital is not equal for all players on the market.
(100) Secondly, borrowing costs have been kept artificially low to stimulate investment growth. This has led to the excessive use of capital investment with ever lower returns on investment. This is illustrated by the growth in corporate leverage in the state sector despite a sharp fall in profitability, which suggests that the mechanisms at work in the banking system do not follow normal commercial responses.
(101) Thirdly, although nominal interest rate liberalization was achieved in October 2015, price signals are still not the result of free market forces but are influenced by government-induced distortions. The share of lending at or below the benchmark rate still represented at least one-third of all lending as of the end of 2018(77). Official media in the PRC have recently reported that the CCP called for ‘guiding the loan market interest rate downwards’(78). Artificially low interest rates result in under-pricing, and consequently, the excessive utilization of capital.
(102) Overall credit growth in the PRC indicates a worsening efficiency of capital allocation without any signs of credit tightening that would be expected in an undistorted market environment. As a result, non-performing loans have increased rapidly, with the GOC a number of times opting to either avoid defaults, thus creating so called ‘zombie’ companies, or to transfer the ownership of the debt (e.g. via mergers or debt-to-equity swaps), without necessarily removing the overall debt problem or addressing its root causes.
(103) In essence, despite the steps that have been taken to liberalize the market, the corporate credit system in the PRC is affected by significant distortions resulting from the continuing pervasive role of the state in the capital markets. Therefore, the substantial government intervention in the financial system leads to the market conditions being severely affected at all levels.
(104) No evidence was submitted in the present investigation demonstrating that the sector of the product under review is not affected by the government intervention in the financial system in the sense of Article 2(6a)(b), sixth indent of the basic Regulation. Therefore, the substantial government intervention in the financial system leads to the market conditions being severely affected at all levels.
(105) The Commission noted that the distortions described in the Report are characteristic for the Chinese economy. The evidence available shows that the facts and features of the Chinese system as described above in Sections 3.2.2.1.2 to 3.2.2.1.5 as well as in Part I of the Report apply throughout the country and across the sectors of the economy. The same holds true for the description of the factors of production as set out above in Sections 3.2.2.1.6 – 3.2.2.1.8 and in Part II of the Report.
(106) The Commission recalls that in order to produce the product under review, certain inputs are needed. When the producers of melamine purchase/contract these inputs, the prices they pay (and which are recorded as their costs) are clearly exposed to the same systemic distortions mentioned before. For instance, suppliers of inputs employ labour that is subject to the distortions. They may borrow money that is subject to the distortions on the financial sector/capital allocation. In addition, they are subject to the planning system that applies across all levels of government and sectors.
(107) As a consequence, not only the domestic sales prices of the product under review are not appropriate for use within the meaning of Article 2(6a)(a) of the basic Regulation, but all the input costs (including raw materials, energy, land, financing, labour, etc.) are also affected because their price formation is affected by substantial government intervention, as described in Parts I and II of the Report. Indeed, the government interventions described in relation to the allocation of capital, land, labour, energy and raw materials are present throughout the PRC. This means, for instance, that an input that in itself was produced in the PRC by combining a range of factors of production is exposed to significant distortions. The same applies for the input to the input and so forth. No evidence or argument to the contrary has been adduced by the GOC or the exporting producers in the present investigation.
(108) The Commission received comments from the CCCMC, representing three Chinese melamine producers Sichuan Golden-Elephant Sincerity Chemicals Co., Ltd, Shandong Holitech Chemical Industry Co., Ltd and Henan Junhua Development Ltd(79).
(109) First, CCCME submitted that Article 2.2 of the WTO Antidumping Agreement (‘ADA’) does not recognize the concept of significant distortions. Moreover, even if the concept of significant distortions would fall under Article 2.2 ADA, which is not the case in CCCMC’s view, the EU’s calculation of the constructed normal value would also need to be in conformity with Article 2.2.1.1 of the ADA and with the Appellate Body’s interpretation thereof, provided in theEU – Biodiesel (Argentina)(DS473) case. Accordingly, constructing normal value would, according to CCCMC, only be permitted in the situations of no sales of the like product in the ‘ordinary course of trade’ or a of a ‘particular market situation’. The alleged significant distortions in the exporting country would therefore need to fall under one of those categories for the Commission to be able to proceed with the expiry review according to Article 2(6a) of the basic Regulation. This is not the case in CCCMC’s view, since the methodology pursuant to 2(6a) of the basic Regulation allows the construction of the normal value upon finding significant distortions rather than in line with the concepts foreseen by Article 2.2 ADA. Moreover, CCCMC submitted that there is no article in the ADA allowing use, for the purposes of determining the normal value, of data from a third country which does not appropriately reflect the prices or cost level in the country of origin. The normal value in anti-dumping investigations is required to be determined based on the sales prices or costs of the companies in the country of origin or at least based on prices or costs that can reflect the price or cost level in the country of origin. In this respect, CCCMC pointed in particular to the WTO Panel report in theEU – Cost Adjustment Methodologies II (Russia)(DS494) case as an example of a successful legal challenge to the WTO compatibility of the methodology under Article 2(6a) of the basic Regulation. For all the reasons above, CCCME considered that Article 2(6a) of the basic Regulation was inconsistent with the ADA and should not be applied in this case.
(110) Concerning CCCMC’s arguments of WTO compatibility of the methodology pursuant to Article 2(6a) of the basic Regulation, the Commission considers that the provisions of Article 2(6a) are fully consistent with the European Union’s WTO obligations and the jurisprudence cited by CCCMC. At the outset, the Commission notes that the existence of significant distortions renders costs and prices in the exporting country inappropriate for the construction of normal value. In these circumstances, Article 2(6a) of the basic Regulation envisages the construction of costs of production and sale on the basis of undistorted prices or benchmarks, including those in an appropriate representative country with a similar level of development as the exporting country. Moreover, the WTO Report onEU – Biodieseldid not concern the application of Article 2(6a) of the basic Regulation, but of a specific provision of Article 2(5) of the basic Regulation. In any event, WTO law as interpreted by the Appellate Body inEU – Biodiesel, allows the use of data from a third country, duly adjusted when such adjustment is necessary and substantiated. Furthermore, in relation to theEU – Cost Adjustment Methodologies IIdispute, the Panel Report specifically considered the provisions in Article 2(6a) of the basic Regulation to be outside the scope of the dispute. Moreover, the Commission recalls that both the EU and the Russian Federation appealed the findings of the Panel, which are not final and therefore, according to standing WTO case-law, have no legal status in the WTO system, since they have not been endorsed by the Dispute Settlement Body through a decision by the WTO Members. Consequently, CCCMC’s arguments could not be accepted.
(111) Second, concerning the evidence demonstrating the existence of significant distortions, CCCMC alleged that the applicants has provided inadequate evidence to justify any findings of ‘significant distortions’ in the Chinese melamine industry and that the Commission’s own analysis in the course of the investigation would therefore require significantly greater substantiation, not least to complement the allegation distortions by the Union industry which, according to CCCMC could not be verified due to their general nature without inadequate citation of underlying sources. As an example, CCCMC refers to the fact that the Union industry’s reference to the 14thFYP merely claims that it ‘aims to create Chinese national champions’. Similarly, CCCMC criticizes the Union industry’ reference to Guiding Opinions on promoting the high-quality development of the petrochemical and chemical industry during the 14thFYP. According to CCCMC, the Guiding Opinions are a guiding document not setting out binding rules, which in addition states a number of goals not mentioned by the Union industry, including the goals to ‘give full play to the decisive role of the market in resource allocation, better play to the role of the government’ and to ‘create a market-oriented, legalized and internationalize business environment […], promote efficient global allocation of factor resources, and strengthen upstream and downstream coordination of the industrial chain and coupled development between related industries’. Against this background, CCCMC drew a parallel between the Guiding Opinions and the current EU industrial policy initiatives.
(112) In this connection, CCCMC also emphasized that the Report is no longer up to date, in particular given the substantial economic developments both in the EU and in China since its publication. CCCMC pointed out the obligation by the Commission pursuant to Article 2(6a)(c) of the basic Regulation to regularly update the Report and submitted that repeated slavish references to the Report – whether by the EU industry or in Commission’s determinations – would not be adequate. The CCCME referred in this respect to the WTO Appellate Body’s ruling in theUS – Countervailing Measures(DS437) case, stating that the claim on prices being distorted must be on a case-by-case basis and must be established and adequately explained in the investigating authority’s report.
(113) As for CCCMC’s arguments related to analysis of sufficiency of evidence, the Commission disagreed. First, concerning the alleged inadequacy of evidence in the Union industry’s submission(s), in the course of the present investigation, the Commission has been indeed collecting further information to complement the available sources, including the request and the Report, in order to verify the allegations made at initiation and, ultimately, to determine whether significant distortions in the sense of Article 2(6a) of the basic Regulation Commission are present in the melamine sector. The results of the Commission’s investigation are laid out in recitals (67) to (104) and interested parties have the opportunity to further comment on them. In any event, concerning sufficiency of evidence at initiation stage, the Commission recalls that point 4.1 of the Notice of Initiation referred to a number of elements in the Chinese melamine market, to substantiate that the market was affected by distortions. The Commission considers that the evidence listed in the Notice of Initiation was sufficient to warrant initiation of an investigation on the basis of Article 2(6a) of the basic Regulation. Indeed, while the determination on the actual existence of significant distortions and the consequent use of the methodology prescribed by Article 2(6a)(a) of the basic Regulation only occurs at the time of the final disclosure, Article 2(6a)(e) of the basic Regulation lays down an obligation to collect the data necessary for the application of this methodology when the investigation has been initiated on this basis. In this case, the Commission deemed the evidence submitted in the request sufficient to initiate the investigation on this basis. Therefore, the Commission took the steps necessary to enable it to apply the methodology under Article 2(6a) of the basic Regulation in case the existence of significant distortions would be confirmed during the investigation.
(114) Second, concerning the argument on the Chinese policy documents, the Commission points out, that the Chinese economy is covered by a complex web of FYPs, driving decisions by public authorities at all levels. Contrary to the argument put forward by the CCCMC, the Commission considers FYPs binding documents, as the national 14thFYP dedicates, for example, a whole section to ‘improving the planning implementation mechanism’ stating that: ‘As regards the binding indicators, major engineering projects, and tasks in public services, environmental protection, safety, and other fields set out in this Plan, it is necessary to clarify the responsibilities parties and schedule requirements, to allocate public resources, guide and control social resources, and ensure completion as scheduled. As regards the expected indicators and tasks in the fields of industrial development and structural adjustment set out in this Plan, it is necessary to mainly rely on the role of market players to achieve them. Governments at all levels must create a favourable policy environment, institutional environment, and legal environment’(80). Furthermore, the Guiding Opinion on promoting the high-quality development of the petrochemical and chemical industry during the 14thFYP, does also point towards concrete state intervention, further to the argument brought forward in the request, outlining that Chinese enterprises shall ‘accelerate the transformation and upgrading of traditional industries, and vigorously develop new chemical materials and fine chemicals. Accelerate the digital transformation of the industry, improve the level of intrinsic safety and clean production, accelerate the quality, efficiency and power transformation of the petrochemical industry, and promote China’s progress from a large petrochemical country to a strong petrochemical country’(81).
(115) Third, concerning the alleged similarities of the current EU industrial policies with policies in China, the Commission failed to see the relevance of this point in the context of assessing the existence of significant distortions in China in accordance with Article 2(6a) of the basic Regulation.
(116) Fourth, with regard to the claim concerning the outdated character of the evidence contained in the Report, the Commission noted that the Report is a comprehensive document based on extensive objective evidence, including legislation, regulations and other official policy documents published by the Chinese authorities, third party reports from international organisations, academic studies and articles by scholars, and other reliable independent sources. As it was made publicly available already in December 2017, any interested party had ample opportunity to rebut, supplement or comment on it and the evidence on which it is based, and no parties have submitted arguments or evidence rebutting the sources and information included in the Report.
(117) Fifth, with respect toUS – Countervailing Measures (China),the Commission recalls that it did not concern the application of Article 2(6a) of the basic Regulation which is the relevant legal basis for the determination of normal value in this investigation. That dispute concerned a different factual situation and concerned the interpretation of the WTO Agreement on Subsidies and Countervailing Measures.
(118) Finally, the Commission recalled that the GOC had the opportunity to comment on the alleged distortions described in the Report and in the expiry review and provide evidence countering the allegations. As explained in recital (47), the GOC failed to reply to the respective questionnaire and thus the Commission based its findings concerning the existence of significant distoritions on the Chinese market on facts available pursuant to Article 18 of the basic Regulation.
(119) Upon disclosure, CCCMC reiterated its arguments, making explicit reference to its previous submission. Moreover, Xinjiang XLX submitted identical arguments to those of CCCMC.
(120) First, CCCMC and Xinjiang XLX insisted that Article 2(6a) of the basic Regulation is inconsistent with WTO law and inconsistent specifically with Article 2.2 ADA and they criticized the Commission for not explaining how its practice in applying Article 2(6a) of the basic Regulation accords with the reasoning set out in several consistent WTO Appellate Body determinations that have found similar EU and other members’ practices in constructing normal value to be inconsistent with the obligations of Article 2.2 ADA. Moreover, CCCMC and Xinjiang XLX requested the Commission not to merely dismiss their argument by claiming that the WTO allows the use of data from a third country, but instead to explain how the Commision carried out the adaptation required by Article 2.2 ADA to arrive at the cost of production ‘in the country of origin’. CCCMC and Xinjiang XLX referred in that respect to the Appellate Body’s findings in theEU – Biodiesel (Argentina)(DS473) and in theUkraine – Anti-Dumping measures on ammonium nitrate(DS493) disputes. Consequently, as long as the Commission constructed normal value based on cost of production in Turkey without any adjustment or explanation how that data has finally been adapted to reflect the cost of production in the country of origin – China, CCCMC and Xinjiang XLX argued the methodology applied by the Commission in the present investigation is incompatible with the EU’s obligations under Article 2.2 ADA. According to CCCMC and Xinjiang XLX, it is thus incumbent on the Commission to fundamentally revise its normal value methodology and related conclusions.
(121) These arguments cannot be accepted. As the Commission recalled already in recital (110) above, the Appellate Body jurisprudence invoked by CCCMC and Xinjiang XLX does not relate to the application of Article 2(6a) of the basic Regulation. Consequently, the argument that the Commission’s methodology to construct normal value pursuant to that Article would not be compatible with WTO law in view of the Appelate Body reasoning is therefore misplaced. In that respect, the Commission is not merely dismissing the parties’ arguments but expressing its legal position that the provisions of Article 2(6a) are fully consistent with the European Union’s WTO obligations. Consequently, the Commission cannot agree with CCCMC and Xinjiang XLX in their request to revise the methodology mandated by Article 2(6a) of the basic Regulation.
(122) Second, CCCMC and Xinjiang XLX considered the Commission’s reasoning concerning significant distortions and the related evidence referred to by the Commission inadequate. More specifically, CCCMC and Xinjiang XLX expressed their concern that the Commission continues to substantially rely on the Report which was published in December 2017 and which, consequently, is now quite dated, with the world economy, including notably both the EU and Chinese economies, experiencing substantial economic upheaval and already implementing important policy and structural changes intended to adapt to the new domestic and global circumstances. CCCMC and Xinjiang XLX pointed out in this connection that the EU’s own industrial strategy, adopted in March 2020, had to be updated already in May 2021 to take account of the new ‘crisis’ circumstances. Accordingly, CCCMC and Xinjiang XLX took the view that the elements described in the Report as relevant for finding significant distortions must now be re-examined and updated with specific new conclusions as to whether they remain valid today. CCCMC and Xinjiang XLX referred in this context also to Article 2(6a)(c) of the basic Regulation according to which the Commission is, inter alia, obliged to regularly update the Report.
(123) Moreover, with respect to the ‘Guiding Opinions on promoting the high-quality development of the petrochemical and chemical industry during the 14thFive Year Plan’, CCCMC and Xinjiang XLX submitted that the Commission failed to take into account that (i) this document is a guidance document, not a binding regulation setting out detailed obligations or rules for the sectors concerned, as well as that (ii) it includes aims or goals – goals such as ‘give full play to the decisive role of the market in resource allocation, better play the role of the government’ or ‘create a market-oriented, legalized, and internationalized business environment’ – which are at odds with the Commission’s conclusions on distortions. Similarly, with respect to the FYPs quoted by the Commission, CCCMC and Xinjiang XLX contested the Commission’s interpretation of the system of plans in China, pointing out that those FYPs do not show that public authorities would drive binding decisions but rather that the FYPs seek to clarify the respective responsible parties whereas the role of governments is separately specified to be to ‘create a favourable policy environment, institutional environment, and legal environment’ – which is the role of governments everywhere including in the EU. In the same vein, CCCMC and Xinjiang reiterated the argument that the Guiding Opinions on promoting the high-quality development of the petrochemical and chemical industry during the 14thFYP leave it to the Chinese enterprises to take the appropriate actions to transform and upgrade the sector, in a fashion similar to the EU industrial policies. Further, CCCMC and Xinjiang XLX submitted that the Commission did not address the argument raised earlier, namely that according to the Appellate Body’s finding in US – Countervailing Measures, the existence of price distortion resulting from government intervention has to be established and adequately explained by the investigating authority in its report. CCCMC and Xinjiang XLX understand this to be a requirement for the Commission to bring forward current factual data and detailed analysis of the alleged Chinese government intervention which results in consequent market effects and bears on behaviour at the producer level. Finally, CCCMC and Xinjiang XLX emphasized their position that Commission is bound to produce evidence of specific governmental exercise of any alleged powers to intervene in the melamine market and which has resulted in actual and demonstrable distortion of the respective melamine producers’ pricing and that the Commission’s references to Chinese government plans, guiding opinions or other Chinese government policy initiatives cannot be equated to actual government intervention.
(124) These arguments could not be accepted. As to the Commission’s reliance on the Report and the fact that it was published in 2017, the Commission reiterates its position explained in recital (116). Moreover, the Commission recalls that a determination concerning the presence of significant distortions pursuant to Article 2(6a) of the basic Regulation is not conditional upon the existence of the Report, let alone on the date of its publication. The Commission notes further that the basic axioms of the Chinese economy, such as the paradigm of Socialist Market Economy, the system of planning or the CCP leadership over the economy – combined with the Party’s presence within individual market operators entailing the power to interfere with managerial decisions – have not changed since the publication of the Report, other than being arguably even more distinct. While the findings of the Report therefore remain largely valid, the Commission has in any event supplemented them in the present investigation by further evidence, as described in detail for example in recitals (76), (77), (79), (80) and (84) – (86) above. In view of this, also the argument of CCCMC and Xinjiang XLX concerning the Commission’s obligation to update the Report in line with Article 2(6a)(c) of the basic Regulation is groundless, as the Commission has indeed examined the relevant circumstances concerning the presence of significant distortions specifically for the purposes of this investigation, taking into account the most recent evidence available(82).
(125) As to the parallels which CCCMC and Xinjiang XLX draw between the Chinese policy documents and the EU’s industrial strategies, the Commission notes that the parties do not adduce any additional arguments, other than insisting on the alleged relevance of the EU’s industrial policies in the context of the assessment of significant distortions pursuant Article 2(6a) of the basic Regulation in China. Consequently, the Commission reiterates its position expressed already in recital (115).
(126) Concerning the set of arguments on to what extent the Chinese policy documents referred to by the Commission, such as those quoted in recitals (84) – (86) above, are guidance document, how much the nature of the Chinese planning system and economic setup results in the public authorities binding decisions and to what extent the relevant policy document leave it to individual enterprises to take appropriate actions, the Commission notes that CCCMC and Xinjiang XLX disregard the unequivocal requirements contained in the relevant Chinese policy documents to be implemented by the recipient authorities, as described for example in recital (84) above. In combination with the existence of specific numerical targets on how a sector should develop(83), it remains largely irrelevant whether individual market operators, in order to achieve the set policy objectives and development goals, can choose the operational methods and therefore pursue those policy objectives in an efficient, ‘market-based’ manner. The Commission further recalls the structures in place in China for an all-encompassing environment of government interventions into the economy, comprehensively described in Sections 3.2.2.1.1 to 3.2.2.1.9 above. In that environment, individual market operators, such as Xinjiang XLX, as well as industry associations pledge their allegiance to the CCP and to the development goals set by the Party/state(84)and, in exchange, they can expect support in their business operation, including through fiscal, financial, investment, zoning and other policies by the government authorities, state-controlled banks, etc. Consequently, the state authorities exercise their power to shape the melamine market, including within individual economic operators. This conclusion holds true irrespective of the specific legal nature of individual policy documents, such as the Guiding Opinions on promoting the high-quality development of the petrochemical and chemical industry during the 14thFYP.
(127) As to the reference by CCCMC and Xinjiang XLX to the Appellate Body’s finding in US – Countervailing Measures, the Commission notes that this argument was already addressed in recital (117).
(128) In view of the above, CCCMC’s and Xinjiang XLX’s arguments were rejected.
(129) The analysis set out in Sections 3.2.2.1.2 to 3.2.2.1.9, which includes an examination of all the available evidence relating to the PRC’s intervention in its economy in general as well as in the sector of the product under review showed that prices or costs of the product under review, including the costs of raw materials, energy and labour, are not the result of free market forces because they are affected by substantial government intervention within the meaning of Article 2(6a)(b) of the basic Regulation as shown by the actual or potential impact of one or more of the relevant elements listed therein. On that basis, the Commission concluded that it is not appropriate to use domestic prices and costs to establish normal value in this case.
(130) Consequently, the Commission proceeded to construct the normal value exclusively on the basis of costs of production and sale reflecting undistorted prices or benchmarks, that is, in this case, on the basis of corresponding costs of production and sale in an appropriate representative country, in accordance with Article 2(6a)(a) of the basic Regulation, as discussed in the following section.
(131) The choice of the representative country was based on the following criteria pursuant to Article 2(6a) of the basic Regulation:—A level of economic development similar to the PRC. For this purpose, the Commission used countries with a gross national income per capita similar to the PRC on the basis of the database of the World Bank(85);—Production of the product under review in that country(86);—Availability of relevant public data in the representative country;—Where there is more than one possible representative country, preference should be given, where appropriate, to the country with an adequate level of social and environmental protection. — A level of economic development similar to the PRC. For this purpose, the Commission used countries with a gross national income per capita similar to the PRC on the basis of the database of the World Bank(85); — Production of the product under review in that country(86); — Availability of relevant public data in the representative country; — Where there is more than one possible representative country, preference should be given, where appropriate, to the country with an adequate level of social and environmental protection.
— A level of economic development similar to the PRC. For this purpose, the Commission used countries with a gross national income per capita similar to the PRC on the basis of the database of the World Bank(85);
— Production of the product under review in that country(86);
— Availability of relevant public data in the representative country;
— Where there is more than one possible representative country, preference should be given, where appropriate, to the country with an adequate level of social and environmental protection.
— A level of economic development similar to the PRC. For this purpose, the Commission used countries with a gross national income per capita similar to the PRC on the basis of the database of the World Bank(85);
— Production of the product under review in that country(86);
— Availability of relevant public data in the representative country;
— Where there is more than one possible representative country, preference should be given, where appropriate, to the country with an adequate level of social and environmental protection.
(132) As explained in recital (50), the Commission issued a Note on sources that described the facts and evidence underlying the relevant criteria, and informed interested parties of its intention to use Türkiye as an appropriate representative country in the present case if the existence of significant distortions pursuant to Article 2(6a) of the basic Regulation would be confirmed.
(133) In the Note on sources, the Commission explained that, due to the absence of meaningful cooperation, it would rely on facts available according to Article 18 of the basic Regulation. The choice of representative country was based on the information contained in the expiry review request, combined with other sources of information deemed appropriate according to the relevant criteria laid down in Article 2(6a) of the basic Regulation in accordance with Article 18(5) of the basic Regulation, including import statistics, national statistics of the representative country, market intelligence sources, fees charged by suppliers of utilities in the representative country, and financial information of producers in the representative country.
(134) Regarding production of the product under review, in the expiry review request, the applicants examined seven countries (India, Iran, Japan, Qatar, Russia, Trinidad & Tobago, and the United States of America) where production of melamine took place(87).
(135) Regarding the level of economic development, only Russia qualified as a country at a level of development similar to the PRC in the RIP. However, given the recent geopolitical and economic developments in Russia, together with the sanctions in force, as well as the fact that Russia decided not to publish detailed import and export data as from April 2022, the Commission did not consider that Russia would constitute a suitable representative country.
(136) In this respect, the applicants identified Türkiye as a country at a level of economic development similar to the PRC with production in the same general category of products, namely products in the ammonia value chain, of which melamine is also a part(88).
(137) Regarding the availability of relevant public data in the representative country, according to the request, data on important factors of production was readily available with regard to Türkiye. Furthermore, relevant data on SG&A and profit was publicly available for the same general category of products. The applicants identified one producer in the same general category of products, the company Ege Gübre Sanayii A.Ş. (‘Ege Gübre’). In the Note on sources, the Commission identified two other producers in the same general category of products, the companies Tekfen Holding A.Ş. (‘Tekfen’) and Bagfaş Bandirma Gübre Fabrikalari A.Ş. (‘Bagfaş’). All three companies were producers of nitrogen fertilisers(89), had publicly available financial information covering the review investigation period, and were profitable in that period.
(138) In its comments on the Note on sources, CCCMC submitted that the Commission should take into account the various production processes and raw materials used in melamine production. In addition, CCCMC argued that the Commission should use the questionnaire reply by Xinjiang XLX as facts available.
(139) The Commission noted that without cooperation from Chinese producers of melamine using the various production processes and raw materials referred to by CCCMC, it based its findings on facts available. As explained in recital (60), in the present case, the Commission found it more appropriate to base its findings on the information in the request rather than on the data of a single Chinese company. In addition, the Commission indeed used certain elements of the Chinese producer’s questionnaire reply as facts available. The claims were, therefore, dismissed.
(140) Considering all the information in the expiry review request, and after analysing the comments from interested parties, the following factors of production, their sources and undistorted values have been identified in order to determine the normal value in accordance with Article 2(6a)(a) of the basic Regulation:Table 1Factors of production of melamineFactor of ProductionCommodity Code in TürkiyeUndistorted value (CNY)Unit of measurementSource of informationRaw materialsUrea3102104,41kgGlobal Trade Atlas (‘GTA’)(90)Ammonia2814105,91kgGTAEnergy/UtilitiesElectricityn/a0,56kWhTurkish Statistical InstituteNatural gasn/a53,58GJTurkish Statistical InstituteSteamn/a199,04tonneExpiry review requestWatern/a9,78m3Kocaeli City Water and Sewerage General DirectorateLabourSkilled and unskilled labourn/a35,53hourTurkish Statistical InstituteBy-productAmmonia2814105,89kgGTA Factor of Production Commodity Code in Türkiye Undistorted value (CNY) Unit of measurement Source of information Raw materials Urea 310210 4,41 kg Global Trade Atlas (‘GTA’)(90) Ammonia 281410 5,91 kg GTA Energy/Utilities Electricity n/a 0,56 kWh Turkish Statistical Institute Natural gas n/a 53,58 GJ Turkish Statistical Institute Steam n/a 199,04 tonne Expiry review request Water n/a 9,78 m3 Kocaeli City Water and Sewerage General Directorate Labour Skilled and unskilled labour n/a 35,53 hour Turkish Statistical Institute By-product Ammonia 281410 5,89 kg GTA
Factor of Production Commodity Code in Türkiye Undistorted value (CNY) Unit of measurement Source of information
Raw materials
Urea 310210 4,41 kg Global Trade Atlas (‘GTA’)(90)
Ammonia 281410 5,91 kg GTA
Energy/Utilities
Electricity n/a 0,56 kWh Turkish Statistical Institute
Natural gas n/a 53,58 GJ Turkish Statistical Institute
Steam n/a 199,04 tonne Expiry review request
Water n/a 9,78 m3 Kocaeli City Water and Sewerage General Directorate
Labour
Skilled and unskilled labour n/a 35,53 hour Turkish Statistical Institute
By-product
Ammonia 281410 5,89 kg GTA
Factor of Production Commodity Code in Türkiye Undistorted value (CNY) Unit of measurement Source of information
Raw materials
Urea 310210 4,41 kg Global Trade Atlas (‘GTA’)(90)
Ammonia 281410 5,91 kg GTA
Energy/Utilities
Electricity n/a 0,56 kWh Turkish Statistical Institute
Natural gas n/a 53,58 GJ Turkish Statistical Institute
Steam n/a 199,04 tonne Expiry review request
Water n/a 9,78 m3 Kocaeli City Water and Sewerage General Directorate
Labour
Skilled and unskilled labour n/a 35,53 hour Turkish Statistical Institute
By-product
Ammonia 281410 5,89 kg GTA
(141) In order to establish the undistorted price of raw materials as delivered at the gate of a representative country producer, the Commission used as a basis the weighted average import price to the representative country as reported in GTA to which import duties(91)and transport costs(92)were added. An import price in the representative country was determined as a weighted average of unit prices of imports from all third countries excluding the PRC and countries which are not members to the WTO (‘non-WTO countries’), listed in Annex 1 of Regulation (EU) 2015/755 of the European Parliament and the Council(93).
(142) The Commission decided to exclude imports from the PRC into the representative country as it concluded in Section 3.2.2.1 that it was not appropriate to use domestic prices and costs in the PRC due to the existence of significant distortions in accordance with Article 2(6a)(b) of the basic Regulation. Given that there is no evidence showing that the same distortions do not equally affect products intended for export, the Commission considered that the same distortions affected export prices. After excluding imports from the PRC and non-WTO countries into the representative country, the volume of imports from other third countries remained representative.
(143) The Commission examined whether the inputs, for which import statistics were used as the source of undistorted cost, were subject in Türkiye to export restrictions that could potentially distort the domestic prices and therefore also the import prices(94). The Commission found that Türkiye did not apply any export restrictions on exports of urea and ammonia in the RIP.
(144) The Commission further examined whether the import prices might have been distorted by imports from the PRC and non-WTO countries(95). The Commission found that less than 14,5 % of imports of urea originated in the PRC and non-WTO countries in the RIP. With regard to ammonia, the share of imports originating in the PRC and non-WTO countries did not exceed 0,01 % in the RIP. The Commission thus concluded that the import prices were likely not affected by imports from the PRC and non-WTO countries.
(145) In its comments on the Note on sources, CCCMC argued that the Commission should not use import prices to establish the undistorted cost of raw materials in Türkiye as those prices were affected by various factors, e.g. imported quantity, distance to the country of origin, and thus did not reflect domestic prices of the raw materials in Türkiye.
(146) The Commission disagreed. Imported raw materials compete in terms of price with domestic raw materials on Turkish market. Therefore, the Commission considered that the weighted average import price sufficiently reflected the domestic price of raw materials in Türkiye.
(147) Furthermore, in its comments on the Note on sources, CCCMC submitted that if the Commission continued using import prices as a proxy to domestic prices of raw materials in the representative country, it should reduce their value by the value of ocean freight and insurance included in the import statistics recorded at CIF level.
(148) The Commission disagreed. As established in recital (146), import prices reflect the price level prevailing on the domestic market of the representative country. Nevertheless, total cost of a raw material borne by a producer in the representative country includes all cost incurred for acquiring the raw material and transporting it to the gate of the factory. This is also the point where prices of imported and domestic raw materials compete. Therefore, the import price of raw material at CIF level was further increased by the applicable import duty and transport cost in the representative country as mentioned in recital (141).
(149) Finally, in its comments on the Note on sources, CCCMC claimed that the weighed average import price of urea was not an appropriate benchmark and should be thus adjusted for the following three reasons:—The weighted average import price of urea in Türkiye more than doubled during the period considered as a consequence of the Russia’s unprovoked and unjustified war of aggression against Ukraine (from 264 USD/tonne in 2019 to 568 USD/tonne in the RIP(96));—Imports from the United States of America (‘the US’) distorted the average import price with an excesivelly high unit price of approximately 1 500 CNY/kg. Imports from the US should thus be excluded(97);—Imports from Qatar distorted the average import price as they were subject to anti-dumping measures imposed by India. Similarly to the previous point, imports from Qatar should be excluded(98). — The weighted average import price of urea in Türkiye more than doubled during the period considered as a consequence of the Russia’s unprovoked and unjustified war of aggression against Ukraine (from 264 USD/tonne in 2019 to 568 USD/tonne in the RIP(96)); — Imports from the United States of America (‘the US’) distorted the average import price with an excesivelly high unit price of approximately 1 500 CNY/kg. Imports from the US should thus be excluded(97); — Imports from Qatar distorted the average import price as they were subject to anti-dumping measures imposed by India. Similarly to the previous point, imports from Qatar should be excluded(98).
— The weighted average import price of urea in Türkiye more than doubled during the period considered as a consequence of the Russia’s unprovoked and unjustified war of aggression against Ukraine (from 264 USD/tonne in 2019 to 568 USD/tonne in the RIP(96));
— Imports from the United States of America (‘the US’) distorted the average import price with an excesivelly high unit price of approximately 1 500 CNY/kg. Imports from the US should thus be excluded(97);
— Imports from Qatar distorted the average import price as they were subject to anti-dumping measures imposed by India. Similarly to the previous point, imports from Qatar should be excluded(98).
— The weighted average import price of urea in Türkiye more than doubled during the period considered as a consequence of the Russia’s unprovoked and unjustified war of aggression against Ukraine (from 264 USD/tonne in 2019 to 568 USD/tonne in the RIP(96));
— Imports from the United States of America (‘the US’) distorted the average import price with an excesivelly high unit price of approximately 1 500 CNY/kg. Imports from the US should thus be excluded(97);
— Imports from Qatar distorted the average import price as they were subject to anti-dumping measures imposed by India. Similarly to the previous point, imports from Qatar should be excluded(98).
(150) With regard to the evolution of the import price of urea in Türkiye, the Commission found that it it perfectly followed the evolution of the import price of urea in the top 5 markets importing urea (India, Brazil, the US, the Union, Australia) representing 60 % of world’s imports of urea(99). The import price of urea in those five markets first slightly decreased in 2020, then steadily grew in 2021 and in the RIP. In the RIP, it reached more than double the value of 2019.
(151) Therefore, the Commission concluded that the import price of urea in Türkiye was not distorted. It rather followed the global price trends concerning urea.
(152) With regard to the import price of urea originating in the US, the Commission noted that the excessively high unit price only concerned 8 kg out of almost 2 million tonnes of urea imported to Türkiye in the RIP. Therefore, it had no effect on the weighted average import price used as a benchmark for the undistorted value of urea.
(153) With regard to imports originating in Qatar being subject to anti-dumping duties in India, the Commission noted that first, CCCMC did not provide any evidence proving that the findings of dumping made by Indian authorities should be extended to Qatar’s exports to Türkiye. Second, the measures imposed by India concerned melamine and not urea, the raw material at issue.
(154) Following the considerations recounted in recitals (150) to (153), the Commission dismissed CCCMC’s claims described in recital (149).
(155) Following final disclosure, CCCMC reiterated that imports from Qatar should be excluded from the calculation of undistorted cost of urea since Qatar’s exports were subject to anti-dumping measures in India. The party referred to the expiry review of anti-dumping measures concerning imports of certain stainless steel tube and pipe butt-welding fittings originating in the PRC where the Commission rejected Malaysia as a potential representative country on the grounds that the US had anti-dumping measures in place on imports of such fittings originating in Malaysia(100).
(156) First, the Commission noted that each investigation has to be assessed on its own merits and a decision taken in one investigation does not create a precedent universally valid for any other subsequent investigation. Second, in the case, to which CCCMC referred, Malaysia was considered as one of the potential representative countries. Findings of dumping made by another jurisdiction were relevant since the pricing decisions of fittings producers in Malaysia, influenced by their dumping behaviour, might have distorted their SG&A and the profitability levels. In the present case, Qatar was not used as a source of financial information, i.e. SG&A and undistorted profit. It was merely one of the countries of origin of urea imported to Türkiye and as such contributed to the value of the undistorted cost of urea. It follows that the two situations were completely non-analogous. There was no indication (and no arguments put forward by the claimants to that effect) that the alleged dumping behaviour to a third market would have a distortive effect on the prices of Qatari exports of urea to Türkiye. Consequently, the claim was rejected.
(157) Following final disclosure, CCCMC further reiterated that the Commission should deduct ocean freight and insurance from the import price of raw materials. According to CCCMC, the Commission failed to clarify why the import prices reflected the price level prevailing on the domestic market of the representative country. In this respect, CCCMC argued that the cost of a company in the representative country only included the cost of raw material and domestic freight.
(158) The Commission disagreed. When a producer of the product under review in the representative country examines whether it should source a raw material from a domestic or foreign supplier, it compares the total cost of the raw material at the gate of its factory. For a raw material supplied by a domestic supplier in the representative country, such total cost normally includes the price of the raw material and domestic freight. Where the raw material is supplied by a foreign supplier, the total cost normally includes the price of the raw material, domestic freight in the exporting country, handling and loading (i.e. price at FOB level), ocean freight and insurance (i.e. price at CIF level available in import statistics), import duty (i.e. landed price), and domestic freight. A producer in the representative country will generally decide to source from abroad only when the import price at the gate of its factory is competitive with the price of a domestic supplier. Therefore, the Commission considered that the import prices at CIF level, i.e. including ocean freight and insurance, of raw materials were a suitable proxy for domestic prices (at EXW level) of those raw materials in the representative country. Consequently, the Commission rejected the claim.
(159) The Commission intended to use the average electricity prices applicable to industrial users in second half of 2021 and first half of 2022 as published by the Turkish Statistical Institute(101). The Commission used tariffs applicable to consumption band 70 000 to 150 000 MWh. To determine the applicable consumption band, the Commission used the electricity consumption reported by Xinjiang XLX as facts available.
(160) The electricity prices reported by the Turkish Statistical Institute included all taxes. Therefore, the Commission deducted the VAT of 18 % from the electricity price reported in the national statistics.
(161) The Commission intended to use the average natural gas prices applicable to industrial users in second half of 2021 and first half of 2022 as published by the Turkish Statistical Institute(102). The Commission used tariffs applicable to consumption band 26 100 000 to 104 000 000 m3. To determine the applicable consumption band, the Commission used the natural gas consumption reported by Xinjiang XLX as facts available.
(162) The unit of measurement used in the Turkish statistics was cubic meter. The consumption reported in the expiry review request was however measured in gigajoules (GJ). The Commission used the conversion factor of 0,0373 GJ/m3to arrive at undistorted cost of one gigajoule in Türkiye.
(163) The natural gas prices reported by the Turkish Statistical Institute included all taxes. Therefore, the Commission deducted the VAT of 18 % from the natural gas price reported in the national statistics.
(164) To determine the undistorted cost of steam, the Commission applied the approach used in the expiry review request. The applicants determined the undistorted cost of steam by multiplying the undistorted cost of natural gas by a factor based on empirical relation between the cost of natural gas and the cost of steam observed by the applicants.
(165) The Commission used the applicable prices of water in Türkiye as charged by the Kocaeli City Water and Sewerage General Directorate(103), which is responsible for water supply, sewage collection and treatment in the Kocaeli province, to industrial users. The applicable prices were readily available on the website of the Turkish authority.
(166) In its comments on the Note on sources, CCCMC argued that the cost of electricity and natural gas in Türkiye were distorted as they had been growing considerably throughout the review investigation period. CCCMC claimed the energy price hikes were caused by the natural gas price pressure following Russia’s unprovoked and unjustified war of aggression against Ukraine quoting the Melamine (Europe) report published by the Independent Commodity Intelligence Services (‘ICIS’)(104)on 23 March 2022.
(167) At the outset the Commission noted that the report quoted by CCCMC did not provide any comprehensive analysis of the evolution of energy prices in Europe, in particular in comparison to the PRC. It merely mentioned the growing natural gas prices in the context of melamine price negotiations for second quarter of 2022, i.e. the last quarter of the RIP.
(168) In addition, Russia’s unprovoked and unjustified war of aggression against Ukraine disrupted the energy markets worldwide(105). Therefore, the trend of growing energy prices in Türkiye could as such be hardly considered an isolated occurrence purely applicable to the Turkish market.
(169) Although the initially determined undistorted cost of electricity and natural gas represented only 5 % of the constructed normal value, the undistorted cost of steam was linked to the cost of natural gas and it amounted to 15 % of the constructed normal value.
(170) Therefore, the Commission further examined the evolution of energy prices paid by industrial users in Türkiye. The undistorted cost of electricity was initially determined at the level of 0,65 CNY/kWh and of natural gas at the level of 80,91 CNY/GJ.
(171) The Commission found that in the review investigation period, the electricity and natural gas prices increased at a rate that by far outpaced the already high inflation rate (78,6 %(106)) in Türkiye. The energy prices grew in particular in the first half of 2022 where the electricity cost 3,5 times and the gas six times more than in the first half of 2021.
(172) Therefore, taking into account the significant share of electricity, natural gas and steam on the constructed normal value, the Commission found it appropriate to adjust the initially determined undistorted cost of electricity and natural gas. The Commission used the price of electricity and natural gas applicable to Turkish industrial users in the second half of 2021 as the starting point and increased those tariffs in line with the energy price growth found at Xinjiang XLX(107)to determine the benchmark for the first half of 2022. Subsequently, the Commission calculated average undistorted cost of electricity, gas and steam using the actual prices applicable in Türkiye in the second half of 2021 and the adjusted values for the first half of 2022. Following those adjustments, the share of electricity, natural gas and steam on the constructed normal value dropped to 15 %.
(173) In the expiry review request, the applicants used information on salaries for skilled (engineer in industrial sector) and unskilled labour (factory worker) in Türkiye published by the Economic Research Institute(108). However, the information available either in the open version of the expiry review request or at the respective website did not make it possible to confirm the period, which the data covered. Furthermore, the benchmark used by the applicants only contained salaries but no additional labour cost, e.g. social contributions.
(174) Therefore, the Commission decided to use the information on labour cost in the relevant industrial sector available from the Turkish Statistical Institute(109). The Commission used the most recent hourly labour cost(110)recorded in Division 20 – Manufacture of chemicals and chemical products of the Statistical classification of economic activities in the European Community (NACE Rev. 2)(111). Since the most recent data only covered year 2020, the Commission adjusted the labour cost using the labour cost index applicable to manufacturing in the third and fourth quarter 2021 and first and second quarter 2022(112)as published by the Turkish Statistical Institute.
(175) According to the information in the expiry review request, only one by-product, ammonia, is obtained in the production of melamine. To establish its undistorted price, the Commission also added import duties and internal transport costs to the average import price to Türkiye, following the same methodology as for raw materials.
(176) Ammonia obtained as by-product is reintroduced in the production process in the urea plant. According to the expiry review request, the efficiency of such ammonia in the urea plant is lower than the efficiency of ammonia originally produced to be used in the urea plant. Therefore, the applicants reduced the undistorted value of the by-product by a percentage based on their previous experience. The Commisison applied the same adjustment coefficient.
(177) According to Article 2(6a)(a) of the basic Regulation,‘the constructed normal value shall include an undistorted and reasonable amount for administrative, selling and general costs and for profits’. In addition, a value for manufacturing overheads needs to be established to cover costs not included in the factors of production referred to above.
(178) In the expiry review request, the applicants estimated fixed cost based on the fixed cost incurred by one of the applicants in the production of 1 tonne of melamine. The estimated fixed cost was adjusted downwards to reflect the difference in the level of development between Türkiye and the Member State where the applicant is located.
(179) The Commission included those fixed cost in the calculation of the undistorted cost of production as manufacturing overheads following the methodology applied by the applicants. The actual value of fixed cost was updated based on the verified questionnaire reply submitted by the applicant mentioned in recital (178) and adjusted for the difference in the level of economic development.
(180) As explained in recital (137), there were no producers of melamine in Türkiye. Therefore, SG&A and profit were established based on the financial information of three Turkish producers in the same general category of products. In the present investigation, this refers to producers of products in the ammonia value chain, of which melamine is also a part, namely nitrogen fertilisers.
(181) The Commission used the financial information covering the RIP published by the companies Ege Gübre(113), Tekfen(114)and Bagfaş(115)on their websites or via an online public disclosure platform. Where available, the Commission relied on data reported for a segment closest to the product under review. Income and expenses from investment activities were disregarded.
(182) All three companies had financial information available for periods covering the RIP. Moreover, all three companies were profitable in the RIP. Therefore, the Commission calculated a weighted average SG&A and profit to determine the undistorted SG&A and profit in the representative country.
(183) The applicable weighted average SG&A and profit were established as a percentage of the cost of goods sold at 16,5 % and 21,6 % respectively.
(184) In its comments on the Note on sources, CCCMC argued that nitrogen fertilisers represent a products with physical and chemical characteristics different from melamine, different final use and targeted customers. Therefore, financial data of melamine producers in Türkiye should be used. If such data is not available, the Commission should revert to SG&A and profit of the applicants as actual producers of melamine. And finally, should the Commission insist on using the financial information of the Turkish companies, only SG&A and profit of Tekfen should be taken into account as the other two companies did not have audited financial information.
(185) The Commission noted that nitrogen fertilisers being produced in the ammonia value chain could be well considered in the same general category of products. SG&A and profit of the Union producers could not be used in the present case considering the different level of economic development between the PRC and the Union. Finally, neither the Commission, nor CCCMC could determine whether the financial information of Ege Gübre and Bagfaş were audited or not. Since in the present investigation, the Commission relied on financial information of companies that did not actually produce the product under review, a weighted average of all three producers was considered more appropriate and representative.
(186) Consequently, the Commission dismissed CCCMC’s claims concerning undistorted SG&A and profit.
(187) Following final disclosure, Xinjiang XLX and CCCMC reiterated that the Commission should exclude Ege Gübre and Bagfaş from the determination of SG&A and profit, as it was not clear whether the financial statements of the two companies were audited.
(188) In this respect, the Commission conducted further research and could confirm that the financial information of both companies, Ege Gübre(116)and Bagfaş(117), was audited in the periods used to establish the SG&A and profit. The claim is therefore rejected.
(189) On the basis of the above, the Commission constructed the normal value on an ex-works basis in accordance with Article 2(6a)(a) of the basic Regulation.
(190) Since melamine is a commodity without further product types, the normal value was constructed for one product (type) only.
(191) The Commission established the undistorted cost of manufacturing. In the absence of meaningful cooperation by the exporting producers, the Commission relied on the information provided by the applicants in the expiry review request on the usage of each factor of production when manufacturing melamine using the Eurotecnica technology.
(192) The undistorted cost of manufacturing was reduced by the undistorted value of by-product adjusted downwards for the loss of efficiency (see recitals (175) and (176)).
(193) The Commission then added manufacturing overheads to the undistorted costs of manufacturing to arrive at undistorted cost of production. The applicants reported manufacturing overheads as fixed cost in the expiry review request. The value of fixed cost was updated in line with the injury questionnaire reply of the respective applicant and adjusted downwards for the difference in the level of economic development.
(194) Further, the Commission added undistorted SG&A and profit at the level of 16,5 % and 21,6 % respectively to the undistorted cost of production (see recital (180) to (183)).
(195) Finally, the Commission found that in the PRC, the value added tax (‘VAT’) applied on exports of melamine (13 %) was only refunded partially (10 %). The difference between the VAT paid or payable and the refund increased the cost of the producers in the PRC when producing melamine for exports. The Commission therefore added further 3 % to the undistorted value of melamine determined in line with recitals (191) to (194).
(196) On that basis, the Commission constructed the normal value on an ex-works basis in accordance with Article 2(6a)(a) of the basic Regulation.
(197) In the absence of meaningful cooperation by exporting producers from the PRC, the export price of all melamine imports was determined based on import data from Eurostat, which was recorded at CIF level, adjusted to ex-works level by deducting sea freight, insurance and domestic transport costs in the PRC.
(198) The average sea freight and insurance cost was based on the analysis of import statistics available in GTA(118). The Commission established the value of sea freight and insurance as the difference between the unit import price in the Union of melamine originating in the PRC (recorded at CIF level) and the unit export price of melamine exported from the PRC to the Union (recorded at FOB level) in the review investigation period.
(199) The domestic transport in the PRC was based on the country report of the PRC by Doing Business(119).
(200) The Commission compared the constructed normal value established in accordance with Article 2(6a)(a) of the basic Regulation and export price on an ex-works basis as established above. On this basis, the weighted average dumping margin, expressed as a percentage of the CIF Union frontier price, duty unpaid, was above 40 %.
(201) Therefore, the Commission concluded that dumping continued during the review investigation period.
(202) Further to the findings of the existence of dumping during the review investigation period, the Commission investigated, in accordance with Article 11(2) of the basic Regulation, the likelihood of continuation of dumping should the measures be repealed. The following additional elements were analysed: the production capacity and spare capacity in the PRC and the attractiveness of the Union market.
(203) In the absence of cooperation, the Commission established production capacity and spare capacity in the PRC on the basis of information provided in the expiry review request(120). The annual production capacity was estimated based on the production capacity in 2020 and capacity expansion projects ongoing in 2021 as reported by the applicants(121). In addition, the Commission identified further capacity expansion projects (not included in the CEH report) based on information published by Eurotecnica(122). Consequently, the annual production capacity already available in the review investigation period of [2 600 000 – 2 800 000] tonnes is likely to increase to [3 000 000 – 3 200 000] tonnes in the upcoming years.
(204) Capacity utilisation was estimated at the level of [40 – 45] % in the RIP and is expected to increase to [45 – 55] % until 2025(123). Consequently, production volume amounted to [1 040 000 – 1 260 000] tonnes in the RIP and is likely to increase to [1 350 000 – 1 760 000] tonnes up to 2025.
(205) The spare capacity in the PRC thus amounted to more than 1 500 000 tonnes in the RIP and could fluctuate between 1 400 000 and 1 600 000 tonnes in the near future. This is almost four times the Union consumption in the review investigation period.
(206) Based on the above, the Commission concluded that Chinese exporting producers have significant spare capacities, which could be mobilised for exports to the Union, making an increase of exports at dumped prices highly likely were the measures allowed to lapse.
(207) To determine the attractiveness of the Union market, the Commission examined the Chinese export prices to the Union as compared to the export prices to third country markets, the size of the Union market, and the existing measures imposed by third countries closing their markets to Chinese melamine.
(208) In the absence of meaningful cooperation, the Commission used the GTA(124)for Chinese exports under HS subheading 2933 61 (Melamine) to compare Chinese export prices to the Union with those to third markets as well as with the average sales price of the Union producers on the Union market.
(209) In the RIP, Chinese producers exported 588 thousand tonnes of melamine, i.e. approximately half of their estimated production. The most important third country export markets were India (14 %), Türkiye (12 %), Russia (8 %), Brazil (8 %), Vietnam (6 %) and Thailand (6 %).
(210) The weighted average Chinese export price (at FOB level) to the Union in the review investigation period was 10 % higher than the weighted average export price to the top six export destinations mentioned in recital (209). In addition, the export price to the Union was up to 12 % higher than the export price to India, the second most important export market (following the Union with a 15 % share).
(211) The Commission further adjusted the Chinese export prices to third markets listed in recital (209) (at FOB level) to Union CIF border level by adding the average sea freight and insurance cost from the PRC to the Union (see recital (198)). Such export prices to third countries were 27 % lower than the average sales price of the Union producers on the Union market. Should the measures be repealed, the Chinese exporting producer would have an incentive to export to the Union at prices higher than those charged to customers in third countries, yet lower than the sales price of the Union producers thus, exerting additional pressure on the price in the Union.
(212) Moreover, the Union consumption in the review investigation period amounted to approximately 430 thousand tonnes and thus represented [35 – 40] % of the estimated melamine production in the PRC.
(213) The imports originating in the PRC held a significant market share on the Union market in the second half of the period considered. The market share increased in 2021 (6,4 %) and in the review investigation period (14,9 %) in particular. This evolution correlated with the surge in the price of melamine on the Union market showing that the combination of the Union market size and prices attracts an influx of Chinese melamine, which was found to be exported at dumped prices in the review investigation period.
(214) Finally, two third country markets – the US and the Eurasian Economic Union (‘EAEU’) – maintained trade defence measures partially or entirely closing their markets to imports from the PRC. The US imposed anti-dumping and countervailing measures on imports of melamine originating in the PRC in 2015 and extended their application for another five years in 2021(125). Chinese exports of melamine to the US are subject to a country-wide anti-dumping duty of 363,31 % and a residual anti-subsidy duty of 154,58 %. In April 2022, the EAEU imposed definitive anti-dumping duties on melamine from the PRC ranging from 15,22 % to 19,08 %(126).
(215) The US and Russia (as the largest member of the EAEU) each represented [3–5] % of global melamine consumption in 2020(127). Considering the high level of the measures, Chinese melamine producers almost completely ceased to export to the US; the exports amounted to only 80 tonnes in the RIP and even less than 50 tonnes in the previous years of the period considered. Following the imposition of the measures by the EAEU, the average monthly volume of Chinese melamine exports to the region dropped from 3 900 tonnes in the RIP (3 360 tonnes in 2021, 2 200 tonnes in 2020, 2 950 tonnes in 2019) to approximately 230 tonnes in the second half of 2022.
(216) As demonstrated in recitals (214) and (215), trade remedies had a deterring effect on Chinese exports of melamine to the US and Russia. It is likely that the Chinese producers would attempt to compensate the loss of the two export markets by seeking new export opportunities in the Union should the measures currently under review be terminated.
(217) Consequently, the Commission concluded that the Union market would likely attract increased volumes of dumped imports of melamine originating in the PRC for the following reasons:—The Chinese export price to the Union was higher than the export price to third countries in the RIP;—Were the exports to third countries redirected to the Union, the Chinese exporting producers would be able to charge higher export prices while still remaining below the sales prices of the Union producers on the Union market thus creating additional price pressure;—The Union market is attractive in terms of its size amounting to approximately [35 – 40] % of Chinese melamine production and representing the top export destination in the RIP;—The Chinese producers seek alternative export opportunities following the closure of two export markets after the US and the EAEU introduced trade remedies on imports of melamine from the PRC. — The Chinese export price to the Union was higher than the export price to third countries in the RIP; — Were the exports to third countries redirected to the Union, the Chinese exporting producers would be able to charge higher export prices while still remaining below the sales prices of the Union producers on the Union market thus creating additional price pressure; — The Union market is attractive in terms of its size amounting to approximately [35 – 40] % of Chinese melamine production and representing the top export destination in the RIP; — The Chinese producers seek alternative export opportunities following the closure of two export markets after the US and the EAEU introduced trade remedies on imports of melamine from the PRC.
— The Chinese export price to the Union was higher than the export price to third countries in the RIP;
— Were the exports to third countries redirected to the Union, the Chinese exporting producers would be able to charge higher export prices while still remaining below the sales prices of the Union producers on the Union market thus creating additional price pressure;
— The Union market is attractive in terms of its size amounting to approximately [35 – 40] % of Chinese melamine production and representing the top export destination in the RIP;
— The Chinese producers seek alternative export opportunities following the closure of two export markets after the US and the EAEU introduced trade remedies on imports of melamine from the PRC.
— The Chinese export price to the Union was higher than the export price to third countries in the RIP;
— Were the exports to third countries redirected to the Union, the Chinese exporting producers would be able to charge higher export prices while still remaining below the sales prices of the Union producers on the Union market thus creating additional price pressure;
— The Union market is attractive in terms of its size amounting to approximately [35 – 40] % of Chinese melamine production and representing the top export destination in the RIP;
— The Chinese producers seek alternative export opportunities following the closure of two export markets after the US and the EAEU introduced trade remedies on imports of melamine from the PRC.
(218) Following final disclosure, Xinjiang XLX and CCCMC pointed out that the finding of higher Chinese export price to the Union in comparison to third countries was factually correct, yet not particular to the exports of melamine. They argued that the higher export prices to the Union reflect the generally higher sales prices in the Union due to higher costs of production related to labour, energy and environmental costs. In addition, lower level of economic development of a third country would not permit high export price.
(219) The Commission noted that, whatever the reasons for a higher export price to the Union, it did not change the fact that the Chinese producers of melamine were able to charge higher price on the Union market as compared to the other major export markets and thus achieve a higher profitability of sales. The Commission concluded that the parties did not present any arguments that would reverse its findings that the higher Chinese export price to the Union was an indicator of the attractiveness of the Union market. In fact, the comments from the parties confirmed the Commission findings in this regard.
(220) Following final disclosure, Xinjiang XLX and CCCMC further submitted that Chinese producers of melamine were not interested in redirecting their exports from third countries to the Union. According to the parties, over the years, Chinese producers developed sound export markets in a number of third countries and would not abandon existing customers in those markets, inter alia, for the sake of risk diversification. Even if some of the exports were redirected to the Union, the producers would not be motivated to decrease their export prices to the Union.
(221) The Commission noted that the parties did not provide any evidence supporting their arguments. It considered that targeting a market with higher prices would be a sound business decision. Chinese producers would actually be able to increase their export prices (in comparison to the export prices to third countries) while staying below the prices in the Union, which would give them a competitive advantage. The Commission dismissed the claim.
(222) In addition, following final disclosure, Xinjiang XLX and CCCMC confirmed that the Union market was attractive for Chinese melamine producers in terms of its size.
(223) Finally, the parties disagreed that the closure of the US and EAEU/Russian markets following the imposition of anti-dumping measures by the respective jurisdictions would lead to increased exports to the Union. They referred to the fact that after the US measures were adopted in 2015, the Chinese export volumes to the Union remained rather low.
(224) The Commission noted that when the US measures were introduced, the Union market was already protected by the minimum import price and/or the fixed residual duty. In addition, the prevailing international prices of melamine in that period(128)did not create an opportunity for Chinese producers to penetrate the Union market in order to make up for the loss of the US market. As soon as the melamine price increased internationally well above the level of the minimum import price (2021 and the RIP), the Chinese exports of melamine to the Union surged. The period of 2021 and RIP effectively simulate to a situation where there are no anti-dumping measures applied to imports of melamine originating in the PRC for the three major exporting producers subject to the minimum import price.
(225) Consequently, the Commission concluded that the imposition of the US measures did not lead to immediate increase in exports to the Union due to the low international price of melamine in that period, which enabled the protection of the Union market through the minimum import price and/or the fixed residual duty. Therefore, the Commission confirmed its findings with regard to the attractiveness of the Union market following the closure of the US and EAEU/Russian markets.
(226) In view of its findings on the continuation of dumping during the review investigation period as established in recital (201) and on the likely development of exports should the measures lapse as explained in recitals (202) to (217), the Commission concluded that there is a strong likelihood that the expiry of the anti-dumping measures on imports from the PRC would result in the continuation of dumping.
(227) Based on the information available in the request, the like product was manufactured, during the review investigation period, by the three applicants and two other producers. They constitute the ‘Union industry’ within the meaning of Article 4(1) of the basic Regulation. The two other Union producers, BASF AG, Ludwigshafen/Germany and S.C. Azomures S.A., Targu Mures/Romania, remained silent.
(228) The total Union production during the review investigation period was established at 382 186 tonnes. The figure was computed on the basis of the questionnaire replies from the three sampled Union producers and the macro-indicators questionnaire reply submitted by the applicants.
(229) As mentioned in recital (24), sampling was applied for the determination of possible continuation of injury suffered by the Union industry. The Union producers selected in the sample represented approximately 82 % of the total estimated Union production of the like product. The three sampled producers are the applicants.
(230) The Commission established the Union consumption on the basis of: (a) The applicants’ data concerning Union industry’s sales of the like product, partly cross-checked with the sales volumes reported by sampled Union producers; and (b) imports of the product under investigation into the Union from all third countries as reported in the Comext database (Eurostat).
(231) Based on this, Union consumption developed as follows:Table 2Union consumption (tonnes)201920202021RIPTotal Union consumption390 729364 168427 309432 773Index (2019 = 100)10093109111Source:Eurostat, Applicant. 2019 2020 2021 RIP Total Union consumption 390 729 364 168 427 309 432 773 Index (2019 = 100) 100 93 109 111 Source:Eurostat, Applicant.
2019 2020 2021 RIP
Total Union consumption 390 729 364 168 427 309 432 773
Index (2019 = 100) 100 93 109 111
Source:Eurostat, Applicant.
2019 2020 2021 RIP
Total Union consumption 390 729 364 168 427 309 432 773
Index (2019 = 100) 100 93 109 111
Source:Eurostat, Applicant.
(232) The review showed that Union consumption increased by 11 % during the period considered. Union consumption was negatively affected by the outbreak of the COVID-19 pandemics in 2020, but strongly rebounded in 2021 and in the review investigation period.
(233) The Commission established the volume of imports from the country concerned based on Eurostat statistics, as duly explained in recital (229). The Chinese market share was established by comparing imports to the Union consumption as set out in Table 2.
(234) Imports from the PRC developed as follows:Table 3Import volume and market share201920202021RIPVolume of imports from the PRC (tonnes)6 7041 22227 27064 673Index (2019 = 100)10018407965Market share of imports from the PRC (%)1,70,36,414,9Index (2019 = 100)10020372871Source:Eurostat. 2019 2020 2021 RIP Volume of imports from the PRC (tonnes) 6 704 1 222 27 270 64 673 Index (2019 = 100) 100 18 407 965 Market share of imports from the PRC (%) 1,7 0,3 6,4 14,9 Index (2019 = 100) 100 20 372 871 Source:Eurostat.
2019 2020 2021 RIP
Volume of imports from the PRC (tonnes) 6 704 1 222 27 270 64 673
Index (2019 = 100) 100 18 407 965
Market share of imports from the PRC (%) 1,7 0,3 6,4 14,9
Index (2019 = 100) 100 20 372 871
Source:Eurostat.
2019 2020 2021 RIP
Volume of imports from the PRC (tonnes) 6 704 1 222 27 270 64 673
Index (2019 = 100) 100 18 407 965
Market share of imports from the PRC (%) 1,7 0,3 6,4 14,9
Index (2019 = 100) 100 20 372 871
Source:Eurostat.
(235) The volumes of imports from China dropped significantly by 82 % from 2019 to 2020, which may be explained by the production halts in China following the outbreak of the COVID-19 pandemics and sharp decrease in Union consumption. The volume of Chinese imports rebounded exponentially in 2021 to a quantity more than four times greater than the quantity imported in 2019. The volume of imports rose significantly again in the review investigation period to a quantity more than twice greater than the quantity imported in 2021.
(236) In their comment on the final disclosure, Xinjiang XLX and CCCMC claimed that the increase of Chinese imports into the Union was caused by supply shortages at the level of the Union industry combined with strong demand by users post COVID-19, i.e. in 2021 and the review investigation period. Therefore, the Union industry was not able to satisfy that demand and users had to shift to imports from China. Xinjiang XLX added that, in addition, the Union industry increased prices substantially in that period and that users therefore had to seek alternative sources of supply.
(237) The Commission noted that spare capacities of the sampled Union producers amounted in each year of the period considered to at least 80 000 tonnes (see Table 6), clearly exceeding the total volume of Chines imports into the Union (see Table 3). It follows that the Union industry was certainly able to replace the total imports from China observed and subsequently able to satisfy demand to that extent on the Union market during the period considered. With regard to the prices charged by the Union industry, the Commission noted that these price increases, as applied by the Union industry, were perfectly in line with market signals in a context of strong demand and significant cost increases as observed in 2021 and the review investigation period. The claims were therefore rejected.
(238) The Commission established the average prices of imports from China based on Eurostat statistics.
(239) The weighted average price of imports from China developed as follows:Table 4Import prices (EUR/tonne)201920202021RIPChina1 1559581 6272 224Index (2019 = 100)10083141193Source:Eurostat. 2019 2020 2021 RIP China 1 155 958 1 627 2 224 Index (2019 = 100) 100 83 141 193 Source:Eurostat.
2019 2020 2021 RIP
China 1 155 958 1 627 2 224
Index (2019 = 100) 100 83 141 193
Source:Eurostat.
2019 2020 2021 RIP
China 1 155 958 1 627 2 224
Index (2019 = 100) 100 83 141 193
Source:Eurostat.
(240) Average prices of melamine imports from China increased during the period considered by 93 %, showing that Chinese producers partly followed the generally positive price trend on the Union market, as shown by Table 8.
(241) Since the export prices of the sole cooperating exporting producer could not be considered representative given the underlying export quantities represented less than 3 % of the total exports from China into the Union during the review investigation period (see recital (27)), the Commission determined the price undercutting by comparing (a) the weighted average statistical prices of imports from the PRC during the review Investigation period, as explained in recital (196), established on a CIF basis, with appropriate adjustments for the conventional rate of customs duty, anti-dumping duty(129)and post-importation costs; and (b) the weighted average sales prices of the three Union producers charged to unrelated customers in the Union market, adjusted to an ex-works level. The thus calculated undercutting margin amounted to 12,6 %.
(242) The Commission established the volumes and prices of imports from third countries applying the same methodology as for the PRC (see Section 4.3.1).
(243) The volume of imports from third countries developed over the period considered as follows:Table 5Imports from third countriesCountry201920202021RIPQatarImport volume (tonnes)33 94126 25635 62231 725Index (2019 = 100)1007710593Market share (%)8,77,28,37,3Index (2019 = 100)100839684Average price (EUR/tonne)1 0118241 5482 479Index (2019 = 100)10081153245Trinidad and TobagoImport volume (tonnes)13 7198 37014 11212 507Index (2019 = 100)1006110391Market share (%)3,52,33,33,0Index (2019 = 100)100659484Average price (EUR/tonne)1 0918501 5722 485Index (2019 = 100)10078144227JapanImport volume (tonnes)13 6999 1959 4997 576Index (2019 = 100)100676955Market share (%)3,52,52,21,8Index (2019 = 100)100726350Average price (EUR/tonne)1 0769121 2952 046Index (2019 = 100)10085120190Other third countriesImport volume (tonnes)37 82528 23822 67321 480Index (2019 = 100)100756057Market share (%)9,77,85,35,0Index (2019 = 100)100805551Average price (EUR/tonne)9408161 6712 447Index (2019 = 100)10087178260Total imports excluding ChinaImport volume (tonnes)99 18372 05981 90773 288Index (2019 = 100)100738374Market share (%)25,419,819,217,0Index (2019 = 100)100787667Average price (EUR/tonne)1 0048351 5572 427Index (2019 = 100)10083155242Source:Eurostat. Country 2019 2020 2021 RIP Qatar Import volume (tonnes) 33 941 26 256 35 622 31 725 Index (2019 = 100) 100 77 105 93 Market share (%) 8,7 7,2 8,3 7,3 Index (2019 = 100) 100 83 96 84 Average price (EUR/tonne) 1 011 824 1 548 2 479 Index (2019 = 100) 100 81 153 245 Trinidad and Tobago Import volume (tonnes) 13 719 8 370 14 112 12 507 Index (2019 = 100) 100 61 103 91 Market share (%) 3,5 2,3 3,3 3,0 Index (2019 = 100) 100 65 94 84 Average price (EUR/tonne) 1 091 850 1 572 2 485 Index (2019 = 100) 100 78 144 227 Japan Import volume (tonnes) 13 699 9 195 9 499 7 576 Index (2019 = 100) 100 67 69 55 Market share (%) 3,5 2,5 2,2 1,8 Index (2019 = 100) 100 72 63 50 Average price (EUR/tonne) 1 076 912 1 295 2 046 Index (2019 = 100) 100 85 120 190 Other third countries Import volume (tonnes) 37 825 28 238 22 673 21 480 Index (2019 = 100) 100 75 60 57 Market share (%) 9,7 7,8 5,3 5,0 Index (2019 = 100) 100 80 55 51 Average price (EUR/tonne) 940 816 1 671 2 447 Index (2019 = 100) 100 87 178 260 Total imports excluding China Import volume (tonnes) 99 183 72 059 81 907 73 288 Index (2019 = 100) 100 73 83 74 Market share (%) 25,4 19,8 19,2 17,0 Index (2019 = 100) 100 78 76 67 Average price (EUR/tonne) 1 004 835 1 557 2 427 Index (2019 = 100) 100 83 155 242 Source:Eurostat.
Country 2019 2020 2021 RIP
Qatar Import volume (tonnes) 33 941 26 256 35 622 31 725
Index (2019 = 100) 100 77 105 93
Market share (%) 8,7 7,2 8,3 7,3
Index (2019 = 100) 100 83 96 84
Average price (EUR/tonne) 1 011 824 1 548 2 479
Index (2019 = 100) 100 81 153 245
Trinidad and Tobago Import volume (tonnes) 13 719 8 370 14 112 12 507
Index (2019 = 100) 100 61 103 91
Market share (%) 3,5 2,3 3,3 3,0
Index (2019 = 100) 100 65 94 84
Average price (EUR/tonne) 1 091 850 1 572 2 485
Index (2019 = 100) 100 78 144 227
Japan Import volume (tonnes) 13 699 9 195 9 499 7 576
Index (2019 = 100) 100 67 69 55
Market share (%) 3,5 2,5 2,2 1,8
Index (2019 = 100) 100 72 63 50
Average price (EUR/tonne) 1 076 912 1 295 2 046
Index (2019 = 100) 100 85 120 190
Other third countries Import volume (tonnes) 37 825 28 238 22 673 21 480
Index (2019 = 100) 100 75 60 57
Market share (%) 9,7 7,8 5,3 5,0
Index (2019 = 100) 100 80 55 51
Average price (EUR/tonne) 940 816 1 671 2 447
Index (2019 = 100) 100 87 178 260
Total imports excluding China Import volume (tonnes) 99 183 72 059 81 907 73 288
Index (2019 = 100) 100 73 83 74
Market share (%) 25,4 19,8 19,2 17,0
Index (2019 = 100) 100 78 76 67
Average price (EUR/tonne) 1 004 835 1 557 2 427
Index (2019 = 100) 100 83 155 242
Source:Eurostat.
Country 2019 2020 2021 RIP
Qatar Import volume (tonnes) 33 941 26 256 35 622 31 725
Index (2019 = 100) 100 77 105 93
Market share (%) 8,7 7,2 8,3 7,3
Index (2019 = 100) 100 83 96 84
Average price (EUR/tonne) 1 011 824 1 548 2 479
Index (2019 = 100) 100 81 153 245
Trinidad and Tobago Import volume (tonnes) 13 719 8 370 14 112 12 507
Index (2019 = 100) 100 61 103 91
Market share (%) 3,5 2,3 3,3 3,0
Index (2019 = 100) 100 65 94 84
Average price (EUR/tonne) 1 091 850 1 572 2 485
Index (2019 = 100) 100 78 144 227
Japan Import volume (tonnes) 13 699 9 195 9 499 7 576
Index (2019 = 100) 100 67 69 55
Market share (%) 3,5 2,5 2,2 1,8
Index (2019 = 100) 100 72 63 50
Average price (EUR/tonne) 1 076 912 1 295 2 046
Index (2019 = 100) 100 85 120 190
Other third countries Import volume (tonnes) 37 825 28 238 22 673 21 480
Index (2019 = 100) 100 75 60 57
Market share (%) 9,7 7,8 5,3 5,0
Index (2019 = 100) 100 80 55 51
Average price (EUR/tonne) 940 816 1 671 2 447
Index (2019 = 100) 100 87 178 260
Total imports excluding China Import volume (tonnes) 99 183 72 059 81 907 73 288
Index (2019 = 100) 100 73 83 74
Market share (%) 25,4 19,8 19,2 17,0
Index (2019 = 100) 100 78 76 67
Average price (EUR/tonne) 1 004 835 1 557 2 427
Index (2019 = 100) 100 83 155 242
Source:Eurostat.
(244) The most important sources of imports outside China included Qatar, Trinidad and Tobago and Japan. Imports from each of these countries decreased during the period considered, by at least 7 % and up to 45 %, whereas the total imports from third countries, excluding China, decreased by 26 %.
(245) In the review investigation period, the average import prices of the two countries other than China with an individual market share of more than 2 % during the review investigation period, Qatar (7,3 %) and Trinidad and Tobago (3 %), were more than EUR 200 per tonne above the average import prices from the PRC.
(246) Xinjiang XLX and CCCMC claimed that the above table showed that the Commission had not assessed the role of Russia’s imports of melamine into the Union. Russia’s imports were significant up until Russia’s unprovoked and unjustified war of aggression against Ukraine, and thereafter, Xinjiang XLX and CCCMC claimed, Russian imports were replaced by imports from China, a factor that would also explain the increase of Chinese imports since then.
(247) The Commission disagreed. It certainly did individually assess Russia’s imports as part of the imports made by ‘other third countries’ (see Table 5). However, Russian imports are not individually reported in the above table as Qatar, Trinidad and Tobago and Japan were the three export countries with the highest export volumes to the Union outside the country concerned during the review investigation period. The market share of Russia was, in the review investigation period, 1,4 % and its highest level in the period considered was in 2020, when they reached a market share of 4,3 %. The market share loss of Russia since that peak year (minus 2,9 percentage points) is thus dwarfed by the market share increase of China (plus 14,6 percentage points). The claim that the market share loss of Russian imports contributed to a significant extent to the market share increase of Chinese imports was therefore rejected.
(248) After final disclosure, Xinjiang XLX and CCCMC observed that average prices of Chinese imports during the review investigation period were at levels above the corresponding prices from Japan and Russia and that all exporting countries largely followed the trend of increasing prices in 2021 and the review investigation period.
(249) The Commission agreed that average prices of imports from Japan and Russia indeed were below the average prices of imports from China during the review investigation period according to Eurostat data. However, their combined market share of 3,2 % was much lower than that of imports from China. Furthermore, the Commission observed that the parties in question did not make any claims emanating from these facts. Consequently, the claim was rejected.
(250) Based on the above, i.e. the development of import volumes from third countries and the prices of imports from the most important sources other than China, the Commission concluded that imports from third countries did not have an injurious effect on the Union industry.
(251) In accordance with Article 3(5) of the basic Regulation, the examination of the impact of the dumped imports on the Union industry included an assessment of all economic indicators having a bearing on the state of the Union industry during the period considered.
(252) For the sake of assessing injury, the Commission distinguished between macroeconomic and microeconomic injury indicators. The Commission assessed the macroeconomic indicators based on data and information contained in the questionnaire reply of the applicants, duly cross-checked with the information in the request and the questionnaire replies of the sampled Union producers, and Eurostat statistics. The Commission assessed the microeconomic indicators based on data contained in the questionnaire replies from the sampled Union producers.
(253) The macroeconomic indicators are: production, production capacity, capacity utilisation, sales volume, market share, growth, employment, productivity, magnitude of the dumping margin, and recovery from past dumping.
(254) The microeconomics indicators are: average unit sales prices, unit cost, labour costs, inventories, profitability, cash flow, investments, return on investments, and ability to raise capital.
(255) The total Union production, production capacity and capacity utilisation developed over the period considered as follows:Table 6Production, production capacity and capacity utilisation201920202021RIPProduction volume (tonnes)403 513401 780396 575382 187Index (2019 = 100)1001009895Production capacity (tonnes)480 383480 578477 621472 494Index (2019 = 100)1001009998Capacity utilisation (%)84,083,683,080,9Index (2019 = 100)1001009996Source:Applicants. 2019 2020 2021 RIP Production volume (tonnes) 403 513 401 780 396 575 382 187 Index (2019 = 100) 100 100 98 95 Production capacity (tonnes) 480 383 480 578 477 621 472 494 Index (2019 = 100) 100 100 99 98 Capacity utilisation (%) 84,0 83,6 83,0 80,9 Index (2019 = 100) 100 100 99 96 Source:Applicants.
2019 2020 2021 RIP
Production volume (tonnes) 403 513 401 780 396 575 382 187
Index (2019 = 100) 100 100 98 95
Production capacity (tonnes) 480 383 480 578 477 621 472 494
Index (2019 = 100) 100 100 99 98
Capacity utilisation (%) 84,0 83,6 83,0 80,9
Index (2019 = 100) 100 100 99 96
Source:Applicants.
2019 2020 2021 RIP
Production volume (tonnes) 403 513 401 780 396 575 382 187
Index (2019 = 100) 100 100 98 95
Production capacity (tonnes) 480 383 480 578 477 621 472 494
Index (2019 = 100) 100 100 99 98
Capacity utilisation (%) 84,0 83,6 83,0 80,9
Index (2019 = 100) 100 100 99 96
Source:Applicants.
(256) The production of the Union industry decreased by 5 % over the period considered. The production capacity of the Union industry remained almost stable over the period considered, with a minor decrease of 2 %. As a consequence, the capacity utilisation decreased by 4 %.
(257) The Union industry’s sales volume and market share developed over the period considered as follows:Table 7Sales volume and market share201920202021RIPTotal sales volume on the Union market – unrelated customers284 842290 888318 133294 513Index (2019 = 100)100102112103Market share (%)72,979,974,568,1Index (2019 = 100)10011010293Source:Eurostat, Applicants. 2019 2020 2021 RIP Total sales volume on the Union market – unrelated customers 284 842 290 888 318 133 294 513 Index (2019 = 100) 100 102 112 103 Market share (%) 72,9 79,9 74,5 68,1 Index (2019 = 100) 100 110 102 93 Source:Eurostat, Applicants.
2019 2020 2021 RIP
Total sales volume on the Union market – unrelated customers 284 842 290 888 318 133 294 513
Index (2019 = 100) 100 102 112 103
Market share (%) 72,9 79,9 74,5 68,1
Index (2019 = 100) 100 110 102 93
Source:Eurostat, Applicants.
2019 2020 2021 RIP
Total sales volume on the Union market – unrelated customers 284 842 290 888 318 133 294 513
Index (2019 = 100) 100 102 112 103
Market share (%) 72,9 79,9 74,5 68,1
Index (2019 = 100) 100 110 102 93
Source:Eurostat, Applicants.
(258) Sales volumes of the Union industry to unrelated customers increased by 12 % from 2019 to 2021 but it fell by 9 percentage points between 2021 and the review investigation period to a level 3 % above the level in 2019.
(259) From 2019 to 2020, the Union industry could increase its market share by 10 %, filling the gap that lower import quantities from China had left subsequent to the COVID-19 pandemics (see recital (234) and Table 3). Between 2020 and the review investigation period, the Union industry lost significant market shares, close to 12 percentage points, and as compared to 2019 the Union industry lost 4,8 percentage points of market share in the review investigation period.
(260) During the period considered, the Union consumption increased by 11 % (see Table 2), whereas the Union industry’s volume of sales to unrelated customers in the Union increased by 8 % (see Table 7). Consequently, the Union industry grew in absolute terms but it shrank in relative terms. In other words, the Union industry could not benefit from market growth to the same extent as imports from China did.
(261) The weighted average unit sales prices of the Union producers to unrelated customers in the Union and the unit cost of production developed over the period considered as follows:Table 8Sales prices in the Union and cost of production201920202021RIPWeighted average unit sales price in the Union1 1499281 8632 811Weighted average unit sales price in the Union(Index, 2019 = 100)10081162245Unit cost of production9809061 6112 250Unit cost of production (Index, 2019 = 100)10092164230Source:Sampled Union producers. 2019 2020 2021 RIP Weighted average unit sales price in the Union 1 149 928 1 863 2 811 Weighted average unit sales price in the Union(Index, 2019 = 100) 100 81 162 245 Unit cost of production 980 906 1 611 2 250 Unit cost of production (Index, 2019 = 100) 100 92 164 230 Source:Sampled Union producers.
2019 2020 2021 RIP
Weighted average unit sales price in the Union 1 149 928 1 863 2 811
Weighted average unit sales price in the Union(Index, 2019 = 100) 100 81 162 245
Unit cost of production 980 906 1 611 2 250
Unit cost of production (Index, 2019 = 100) 100 92 164 230
Source:Sampled Union producers.
2019 2020 2021 RIP
Weighted average unit sales price in the Union 1 149 928 1 863 2 811
Weighted average unit sales price in the Union(Index, 2019 = 100) 100 81 162 245
Unit cost of production 980 906 1 611 2 250
Unit cost of production (Index, 2019 = 100) 100 92 164 230
Source:Sampled Union producers.
(262) After a drop by 8 % from 2019 to 2020, unit cost of production grew exponentially to a level that was in the review investigation period 130 % above the level in 2019. This sharp increase in cost of production was caused by the very strong rise in gas prices starting in 2021.
(263) Sales prices followed a similar trend. From 2019 to 2020, unit sales prices fell by 19 %, following the economic downturn in relation to the COVID-19 pandemics. However, from 2020 to the review investigation period, unit sales prices rose threefold.
(264) Employment, productivity and average labour costs of the Union producers developed over the period considered as follows:Table 9Employment and productivity201920202021RIPNumber of employees647632642641Index (2019 = 100)100989999Labour Productivity (tonne/employee)515524508498Index (2019 = 100)1001029997Average labour costs per employee71 77273 49177 43176 913Average labour costs per employee(Index, 2019 = 100)100102108107Source:Applicants, Sampled Union producers. 2019 2020 2021 RIP Number of employees 647 632 642 641 Index (2019 = 100) 100 98 99 99 Labour Productivity (tonne/employee) 515 524 508 498 Index (2019 = 100) 100 102 99 97 Average labour costs per employee 71 772 73 491 77 431 76 913 Average labour costs per employee(Index, 2019 = 100) 100 102 108 107 Source:Applicants, Sampled Union producers.
2019 2020 2021 RIP
Number of employees 647 632 642 641
Index (2019 = 100) 100 98 99 99
Labour Productivity (tonne/employee) 515 524 508 498
Index (2019 = 100) 100 102 99 97
Average labour costs per employee 71 772 73 491 77 431 76 913
Average labour costs per employee(Index, 2019 = 100) 100 102 108 107
Source:Applicants, Sampled Union producers.
2019 2020 2021 RIP
Number of employees 647 632 642 641
Index (2019 = 100) 100 98 99 99
Labour Productivity (tonne/employee) 515 524 508 498
Index (2019 = 100) 100 102 99 97
Average labour costs per employee 71 772 73 491 77 431 76 913
Average labour costs per employee(Index, 2019 = 100) 100 102 108 107
Source:Applicants, Sampled Union producers.
(265) The average labour costs increased by 7 % during the period considered. The number of employees and labour productivity remained stable during the period considered. The Union industry was employing close to 650 staff throughout the period considered, with an output per employee of around 500 tonnes.
(266) Stock levels of the Union producers developed over the period considered as follows:Table 10Inventories201920202021RIPClosing stocks20 61512 1515 37224 530Index (2019 = 100)1005926119Closing stocks as a percentage of production5,23,11,46,3Index (2019 = 100)1005926121Source:Sampled Union producers. 2019 2020 2021 RIP Closing stocks 20 615 12 151 5 372 24 530 Index (2019 = 100) 100 59 26 119 Closing stocks as a percentage of production 5,2 3,1 1,4 6,3 Index (2019 = 100) 100 59 26 121 Source:Sampled Union producers.
2019 2020 2021 RIP
Closing stocks 20 615 12 151 5 372 24 530
Index (2019 = 100) 100 59 26 119
Closing stocks as a percentage of production 5,2 3,1 1,4 6,3
Index (2019 = 100) 100 59 26 121
Source:Sampled Union producers.
2019 2020 2021 RIP
Closing stocks 20 615 12 151 5 372 24 530
Index (2019 = 100) 100 59 26 119
Closing stocks as a percentage of production 5,2 3,1 1,4 6,3
Index (2019 = 100) 100 59 26 121
Source:Sampled Union producers.
(267) Stock levels varied significantly over the period considered. In the review investigation period, the level was 19 % above the level in 2019. This is an additional indication that the Union industry had increasing difficulties towards the end of the period considered to sell its output in the face of dramatically increasing imports from China.
(268) Profitability, cash flow, investments and return on investments of the Union producers developed over the period considered as follows:Table 11Profitability, cash flow, investments and return on investments201920202021RIPProfitability of sales in the Union to unrelated customers (%)8,0–4,112,317,3Profitability of sales in the Union to unrelated customers(Index, 2019 = 100)100–51154216Cash flow46 403 89112 158 04295 868 270118 352 455Cash flow(Index, 2019 = 100)10026207255Investments42 800 11925 704 88132 880 34733 110 890Investments(Index, 2019 = 100)100607777Return on investments (%)14,5–10,246,288,4Return on investments(Index, 2019 = 100)100–70319610Source:Sampled Union producers. 2019 2020 2021 RIP Profitability of sales in the Union to unrelated customers (%) 8,0 –4,1 12,3 17,3 Profitability of sales in the Union to unrelated customers(Index, 2019 = 100) 100 –51 154 216 Cash flow 46 403 891 12 158 042 95 868 270 118 352 455 Cash flow(Index, 2019 = 100) 100 26 207 255 Investments 42 800 119 25 704 881 32 880 347 33 110 890 Investments(Index, 2019 = 100) 100 60 77 77 Return on investments (%) 14,5 –10,2 46,2 88,4 Return on investments(Index, 2019 = 100) 100 –70 319 610 Source:Sampled Union producers.
2019 2020 2021 RIP
Profitability of sales in the Union to unrelated customers (%) 8,0 –4,1 12,3 17,3
Profitability of sales in the Union to unrelated customers(Index, 2019 = 100) 100 –51 154 216
Cash flow 46 403 891 12 158 042 95 868 270 118 352 455
Cash flow(Index, 2019 = 100) 100 26 207 255
Investments 42 800 119 25 704 881 32 880 347 33 110 890
Investments(Index, 2019 = 100) 100 60 77 77
Return on investments (%) 14,5 –10,2 46,2 88,4
Return on investments(Index, 2019 = 100) 100 –70 319 610
Source:Sampled Union producers.
2019 2020 2021 RIP
Profitability of sales in the Union to unrelated customers (%) 8,0 –4,1 12,3 17,3
Profitability of sales in the Union to unrelated customers(Index, 2019 = 100) 100 –51 154 216
Cash flow 46 403 891 12 158 042 95 868 270 118 352 455
Cash flow(Index, 2019 = 100) 100 26 207 255
Investments 42 800 119 25 704 881 32 880 347 33 110 890
Investments(Index, 2019 = 100) 100 60 77 77
Return on investments (%) 14,5 –10,2 46,2 88,4
Return on investments(Index, 2019 = 100) 100 –70 319 610
Source:Sampled Union producers.
(269) The Commission established the profit of the sampled Union producers by expressing the pre-tax net profit of its melamine sales to unrelated customers in the Union as a percentage of the turnover of the underlying sales. The profitability thus established rose from 8 % in 2019 to 17,3 % in the review investigation period. In 2020, due to the economic downturn caused by the COVID-19 pandemics, the Union industry was heavily lossmaking, but subsequently it rapidly and strongly recovered.
(270) The net cash flow is the ability of the Union producers to self-finance their activities. The cash flow development during the period considered was positive, with cash flow generated from its operations at 155 % higher during the review investigation period as compared to 2019.
(271) The Union industry’s level of investment was on a decreasing trend during the period considered (– 13 % between 2019 and the review investigation period). As seen above under capacity utilization (Table 6), the Union industry has no immediate need to invest in new production capacity.
(272) The return on investments is the profit in percentage of the net book value of investments, and the trend followed that of the analysed profitability rates.
(273) None of the sampled Union producers reported any difficulties in their ability to raise capital. As shown in Table 11, the available cash flow exceeded the investments made by far with the year 2020 being the only exception.
(274) In a context of increasing consumption, the Union industry increased its sales volumes over the period considered. However, the Union industry lost significant market shares to the PRC in 2021 and the review investigation period, as a result of which its market share, at the end of the period considered, was close to 5 percentage points below its level at the beginning of it. Indeed, in view of the exceptionally favourable market conditions in the Union, caused by a catch-up effect after the due to COVID-19 pandemics sluggish demand year 2020, prices in the Union were significantly above the minimum import prices to which the exporting producers cooperating in the original investigation are subject. This resulted immediately in a return of high volumes of imports from those exporting producers. These imports undercut the Union industry prices significantly.
(275) Whilst the Union industry thus lost significant market shares to China, its financial indicators did not suffer from this surge of Chinese imports as it could still obtain exceptionally good prices in 2021 and in the first half of 2022. Profits of the Union industry remained at healthy levels and reached a peak in the review investigation period, which shows that Union producers were able to pass on cost increases in their sales prices. Under these circumstances, the measures in force provided a floor when prices were still lower (in 2019 and 2020) and thus ensured a level playing field on the Union melamine market. When the prices subsequently reached unprecedentedly high levels, not observed since the original investigation, the Union industry lost significant market shares but it continued to enjoy healthy profits. As a matter of fact, the measures did not foreclose Chinese producers from the Union market, in particular when prices were surging, which therefore continued to be present and benefitted from growing consumption.
(276) On balance, most injury indicators, such as production, sales, employment, profitability and cash flow developed positively and/or were at satisfactory levels. However, some indicators point to a less favourable situation of the Union industry. In particular, the Union industry lost market shares to the benefit of Chinese imports. Likewise, total production and capacity utilisation rates dropped during the period considered, and stock levels increased.
(277) Based on the above, the Commission concluded that overall the Union industry did not suffer material injury within the meaning of Article 3(5) of the basic Regulation during the period considered.
(278) As the Commission concluded that the Union industry did not suffer from material injury during the review investigation period (see recital (276)), the Commission assessed, in accordance with Article 11(2) of the basic Regulation, whether there would be a likelihood of recurrence of injury originally caused by the dumped imports from China if the measures were allowed to lapse.
(279) In that regard, the Commission relied on the information made available by cooperating parties and any other information on the file on production capacity and spare capacity in China to examine the attractiveness of the Union market, and the likely impact of imports from China should the measures be allowed to lapse.
(280) As concluded in recitals (204) and (205), spare capacities in China are significant and represent approximately four times the annual consumption in the Union. Moreover, as concluded in recital (216), the Union market is an attractive market for Chinese producers in view of the prices on the Union market and its size. Based on that, the expiry of the anti-dumping measures is very likely to result in an increase of Chinese exports to the Union.
(281) In their comments on the final disclosure, Xinjiang XLX and CCCMC claimed that the Commission made no analysis of the likely scale of any increase of Chinese export sales to the Union nor the likely timeframe over which this increase is to incur although both factors would have a direct bearing on the magnitude of any resulting injury.
(282) The Commission recalled that in accordance with Article 11(2) it is not necessary to establish the magnitude of continuing or recurring injury. It is sufficient to establish that based on such injury is likely to continue or to recur.
(283) CCCMC added that the Commission did not address comments earlier submitted by CCCMC bearing directly on the non-likelihood of Chinese producers with new or increased capacity being able to quickly or easily exploit that capacity and begin exporting to the Union market. CCCMC also referred to its comments on likelihood of recurrence of dumping, which, according to CCCMC would also refute concerns about the arrival of new imports from China due to Chinese redirection from other existing export markets or from closure of other markets due to the imposition of anti-dumping measures.
(284) The Commission clarified that it had addressed all comments made. Where comments concerned both the likelihood of continuation of dumping and recurrence of injury, they were addressed under Section 3.3 above and were validmutatis mutandisfor the recurrence of injury. With regard to the comments made by CCCMC pursuant to initiation, the Commission refers to the rebuttals under recital (22) above.
(285) This notwithstanding, the Commission confirmed that the total spare capacities in China as specified under recitals (202) to (204) are of such magnitude as to make the recurrence of injury likely should measures be allowed to lapse.
(286) As to CCCMC’s claim refuting concerns about arrival of new imports from China, the Commission referred to its rebuttal under Section 3.3, recital (220).
(287) The Commission analysed the likely effects of such increase of imports by examining their likely price levels should measures be allowed to lapse. In this regard, the Commission considered, with regard to China, the import price levels during the review investigation period to be a reasonable basis as Chinese imports held a significant market share of 14,9 % in the review investigation period. Based on that, and as explained in recital (240),the Commission established significant undercutting of the Union industry prices by 12,6 %. This undercutting would even be higher, that is 15,6 %, if the applicable anti-dumping duty is not added to the export price.
(288) In their comments on the final disclosure, Xinjiang XLX claimed that the Commission should not have relied on the level of undercutting calculated for the period considered to justify likelihood of recurrence of injury because the Union industry prices were exceptionally high as of 2021 which in turn made the undercutting higher than without such a high level of prices.
(289) The Commission recalled the notion of undercutting, as it is constantly used in anti-dumping investigations under the basic Regulation is objective by nature and consists of a simple comparison between the actual Union industry prices and the export prices from the country concerned, duly adjusted where warranted. Moreover, the claim by Xinjiang XLX was neither further substantiated nor quantified and was therefore rejected.
(290) With regard to the volume and prices of imports from China, the Commission further noted that according to the latest statistical data available in Eurostat, Chinese import volumes continued to increase strongly, whereas prices of these imports started to drop significantly(130). In the nine months following the review investigation period, that is from 1 July 2022 to 31 March 2023, Chinese export volumes to the Union reached a level of 93 345 tonnes, which is, extrapolated to 12 months, 92,4 % more than in the review investigation period(131), at an average price of EUR 1 585, which is 28,8 % less than in the review investigation period.
(291) In addition, the Commission analysed for the same periods the evolution of imports from third countries other than China. Imports from countries other than China amounted to 61 668 tonnes in the nine months following the review investigation period, which, extrapolated to 12 months, represents an increase by 12,2 % as compared to the review investigation period(132). Average prices of imports from third countries dropped by 20,4 % to EUR 1 931/tonne as compared to the review investigation period which is still significantly higher than the average price from China.
(292) Consequently, in the nine months following the review investigation period, imports from the PRC increased dramatically and their prices dropped significantly, to a much greater extent than imports from third countries.
(293) Following final disclosure, Xinjiang XLX claimed that the Commission’s analysis on factors post period considered was deficient because it did not take into account the impact of a continuing energy crisis in the Union and the market effects of Russia’s unprovoked and unjustified war of aggression against Ukraine.
(294) The Commission recalled that in the first place it is under no obligation to conduct any analysis on injury factors occurring after the period considered. In the present investigation, it chose to do so with regard to the import volumes and prices from the country concerned in order to complement the conclusions taken with regard to an analysis of all relevant injury factors during the period considered. In any event, the Commission noted that energy sources are commodities traded at world market price levels. Energy prices would therefore, to the extent that melamine producers paid undistorted world market prices, equally affect these producers worldwide.
(295) On 23 May 2023, the Applicants submitted details regarding the development of the injury indicators after the review investigation period(133). The provided data showed the immediate significant negative impact that the further strong increase of imports from the PRC and their market share, at rapidly declining prices, had on the situation of the Union industry. In particular, the data showed that this resulted in a very pronounced decline in sales volumes and strong price depression, resulting in loss of market share and profitability by the Union industry.
(296) Based on the above, the Commission concluded that the absence of measures would in all likelihood result in a further significant increase of dumped imports from China at injurious prices, and material injury would be likely to recur.
(297) In accordance with Article 21 of the basic Regulation, the Commission examined whether the maintenance of the measures would be against the Union interest as a whole. The determination of the Union interest was based on an appreciation of the various interests involved, namely those of the Union industry, of importers and users.
(298) All interested parties were given the opportunity to make their views known pursuant to Article 21(2) of the basic Regulation.
(299) On this basis, the Commission examined whether, despite the conclusions on the likelihood of continuation of dumping and the likelihood of recurrence of injury, compelling reasons existed which would lead to the conclusion that it was not in the Union interest to maintain the existing measures.
(300) As concluded in recital (276), the Union industry is no longer suffering from material injury. However, as concluded in recital (295), the Union industry would not be able to cope with a removal of the measures, as that is likely to result in a strong increase of imports from China which undercut the Union industry’s prices. A repeal of the measures would therefore put the industry’s long term financial viability at stake. The continuation of the measures, therefore, is in the interest of the Union industry.
(301) All known unrelated importers and users were informed about the initiation of the review.
(302) One unrelated importer in Italy replied to the sampling form but failed to provide a full questionnaire reply.
(303) Three users provided questionnaire replies. These users’ aggregate total purchases, including purchases from Union producers, imports from China and imports from other countries only represented around 3 % of the total consumption. Only one of the users concerned purchased melamine from China and in the review investigation period these imports represented only 1 % – 4 % (range given for reasons of confidentiality) of total Union imports from the PRC. Based on these purchase volumes, cooperation from users could not be considered as representative for all users.
(304) Nevertheless, their replies were analysed. The reply of the user that also purchased small volumes from China did not provide key data needed, like purchase prices from China, sales prices of products with melamine content and customer names. On that basis, no meaningful conclusion could be drawn other than that the company was enjoying a very healthy profit and that its purchases of melamine, both from the Union (bulk) as from other countries, represented only a minor part of its raw material costs (< 5 %). The questionnaire replies of the two other users could not be meaningfully analysed, as they only submitted the requested tables and did not reply to the other questions.
(305) One of these users urged not to extend the anti-dumping measures because manufacturing capacities in the Union were limited, current melamine price levels were jeopardising the particle board industry and therefore imports could stabilise the price situation and secure supply. The Commission rejected the claim. The measures in force are not such as to foreclose imports from China which is demonstrated by the Chinese market share in 2021 and the review investigation period.
(306) Therefore, the Commission concluded that there were no indications that the maintenance of the measures would have a negative impact on the users and/or importers outweighing the positive impact of the measures.
(307) Based on the above, the Commission concluded that there were no compelling reasons showing that it was not in the Union interest to maintain measures on imports of melamine originating in China.
(308) Based on the conclusions reached by the Commission on likelihood of continuation of dumping, likelihood of recurrence of injury and Union interest, the anti-dumping measures on melamine originating in the People’s Republic of China should be maintained.
(309) To minimize the risks of circumvention due to the difference in duty rates, special measures are needed to ensure the application of the individual minimum import prices. The companies subject to minimum import prices must present a valid commercial invoice to the customs authorities of the Member States. The invoice must conform to the requirements set out in Article 1(4) of this regulation. Imports not accompanied by that invoice should be subject to the anti-dumping duty applicable to ‘all other companies’.
(310) While presentation of this invoice is necessary for the customs authorities of the Member States to apply the minimum import prices, it is not the only element to be taken into account by the customs authorities. Indeed, even if presented with an invoice meeting all the requirements set out in Article 1(4) of this regulation, the customs authorities of Member States must carry out their usual checks and may, like in all other cases, require additional documents (shipping documents etc.) for the purpose of verifying the accuracy of the particulars contained in the declaration and ensure that the subsequent application of the minimum import prices is justified, in compliance with customs law.
(311) Should the exports by one of the companies benefiting from minimum import prices increase significantly in volume after the imposition of the measures concerned, such an increase in volume could be considered as constituting in itself a change in the pattern of trade due to the imposition of measures within the meaning of Article 13(1) of the basic Regulation. In such circumstances and provided the conditions are met, an anti-circumvention investigation may be initiated. This investigation may, inter alia, examine the need for the removal of minimum import prices and the consequent imposition of a country-wide duty.
(312) The minimum import prices provided in Article 1(2) of this Regulation are exclusively applicable to imports of the product under review originating in China and produced by the named legal entities. Imports of the product under review produced by any other company not specifically mentioned in the operative part of this Regulation, including entities related to those specifically mentioned, should be subject to the duty rate applicable to ‘all other companies’.
(313) A company may request the application of these individual anti-dumping duty rates if it changes subsequently the name of its entity. The request must be addressed to the Commission(134). The request must contain all the relevant information demonstrating that the change does not affect the right of the company to benefit from the duty rate which applies to it. If the change of name of the company does not affect its right to benefit from the duty rate which applies to it, a regulation about the change of name will be published in theOfficial Journal of the European Union.
(314) All interested parties were informed of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures be maintained. All parties were also granted a period to make representations subsequent to this disclosure and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings. The submissions and comments were duly taken into consideration.
(315) In view of Article 109 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council(135), when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of theOfficial Journal of the European Unionon the first calendar day of each month.
(316) The Committee established by Article 15(1) of Regulation (EU) 2016/1036 delivered a positive opinion,
Company Minimum import price (EUR/tonne net product weight) Duty (EUR/tonne net product weight) TARIC additional code
Sichuan Golden-Elephant Sincerity Chemical Co., Ltd 1 153 A 986
Shandong Holitech Chemical Industry Co., Ltd 1 153 A 987
Henan Junhua Development Company Ltd 1 153 A 988
All other companies — 415 A 999
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union(1)(‘the basic Regulation’), and in particular Article 11(2) thereof,
HAS ADOPTED THIS REGULATION:

Article 1
1. A definitive anti-dumping duty is imposed on imports of melamine currently falling under CN code 2933 61 00 and originating in the People’s Republic of China.
2. The rates of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below shall be as follows:
3. For the individually named producers, the amount of the definitive anti-dumping duty applicable to the product described in paragraph 1 shall be the difference between the minimum import price and the net, free-at-Union-frontier price, before duty, in all cases where the latter is less than the minimum import price. For these individually named producers, no duty shall be collected where the net free-at-Union-frontier price, before duty, is equal to or higher than the corresponding minimum import price.
4. The application of the minimum import price specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of melamine sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the People’s Republic of China. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply.
5. For the individually named producers and in cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 131 of Commission Implementing Regulation (EU) 2015/2447(136), the minimum import price set out above shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable. The duty payable will then be equal to the difference between the reduced minimum import price and the reduced net, free-at-Union-frontier price, before customs clearance.
6. For all other companies and in cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 131 of Implementing Regulation (EU) 2015/2447, the amount of the anti-dumping duty, calculated on the basis of paragraph 2 above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

Article 2
Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 3
This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union(1)(‘the basic Regulation’), and in particular Article 11(2) thereof,
HAS ADOPTED THIS REGULATION:
1. A definitive anti-dumping duty is imposed on imports of melamine currently falling under CN code 2933 61 00 and originating in the People’s Republic of China.
2. The rates of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below shall be as follows:
3. For the individually named producers, the amount of the definitive anti-dumping duty applicable to the product described in paragraph 1 shall be the difference between the minimum import price and the net, free-at-Union-frontier price, before duty, in all cases where the latter is less than the minimum import price. For these individually named producers, no duty shall be collected where the net free-at-Union-frontier price, before duty, is equal to or higher than the corresponding minimum import price.
4. The application of the minimum import price specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of melamine sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the People’s Republic of China. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply.
5. For the individually named producers and in cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 131 of Commission Implementing Regulation (EU) 2015/2447(136), the minimum import price set out above shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable. The duty payable will then be equal to the difference between the reduced minimum import price and the reduced net, free-at-Union-frontier price, before customs clearance.
6. For all other companies and in cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 131 of Implementing Regulation (EU) 2015/2447, the amount of the anti-dumping duty, calculated on the basis of paragraph 2 above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.

Pending: 32023R1661

25.8.2023 EN Official Journal of the European Union L 210/23
(1) Fishing quotas for the year 2022 have been established by Council Regulations (EU) 2021/91(2), (EU) 2021/1888(3), (EU) 2022/109(4)and (EU) 2022/110(5).
(2) Fishing quotas for the year 2023 have been established by Council Regulations (EU) 2022/2090(6), (EU) 2023/194(7)and (EU) 2023/195(8).
(3) Pursuant to Article 105(1) of Regulation (EC) No 1224/2009, when the Commission has established that a Member State has exceeded the fishing quotas which have been allocated to it, the Commission is to operate deductions from future fishing quotas of that Member State.
(4) Article 105(2) and (3) of Regulation (EC) No 1224/2009 provides that such deductions are to be operated in the following year or years by applying the respective multiplying factors as set out therein.
(5) Certain Member States have exceeded their fishing quotas for the year 2022. Deductions should therefore be operated on the fishing quotas allocated to them in 2023 and, where relevant, in subsequent years, for the overfished stocks.
(6) Commission Implementing Regulation (EU) 2022/1926(9)established deductions from fishing quotas for certain fish stocks in 2022 on account of overfishing in the previous years. In 2021, Portugal overfished its fishing quota for anchovy in areas 9 and 10; Union waters of CECAF 34.1.1 (ANE/9/3411). Following Portugal’s request on 22 August 2022, the Commission agreed to spread the deduction over two years in accordance with point 3(a) of the Communication from the Commission 2022/C 369/03(10)(‘the Guidelines’). Article 3 of Commission Implementing Regulation (EU) 2022/2458(11)provides that the annual deduction shall amount to 1 477,376 tonnes in 2022 and 2023. On 19 April 2023, considering that Portugal expected to have sufficient quota left at the end of the 2022 fishing season for ANE/9/3411, it requested the Commission to cancel the spreading over two years of the deduction. Therefore, the Commission operated the entire deduction, i.e. 2 954,752 tonnes – including a multiplying factor of 1,40 – on the Portuguese quota for ANE/9/3411 for the 2022 fishing season. Consequently, there is no outstanding deduction to be operated on the Portuguese quota allocated for the 2023 fishing season for this stock.
(7) The Guidelines replaced Communication 2012/C 72/07 to adapt, where applicable, the timeline for deductions in case of overfishing of a quota for stocks managed by regional fisheries management organisations to the timeline for deductions set in the regional fisheries management organisations concerned for these stocks. Recommendation 21-01 by the International Commission for the Conservation of Atlantic Tuna (ICCAT) on a multiannual conservation and management programme for tropical tunas(12)as well as Recommendation 22-03 by ICCAT for the conservation of North Atlantic swordfish(13)establish that any excess of the annual adjusted quota in the year 2022 shall be deducted from the respective quota/catch limit for 2024. On this basis, deductions – including those resulting from applicable multiplying factors – on account of overfishing established in 2022 for the stock of bigeye tuna in the Atlantic Ocean (BET/ATLANT) and the stock of swordfish in the Atlantic Ocean, north of 5° N (SWO/AN05N), both managed by ICCAT, should only be applied in 2024.
(8) Further updates or corrections may still occur following the detection, for the current or previous deduction exercise, of errors, omissions or misreporting in the catch figures declared by the Member States pursuant to Article 33 of Regulation (EC) No 1224/2009.
(9) Since quotas are expressed in tonnes, overfishing involving quantities of less than 1 tonne should not be considered,
Mem-ber State Species code Area code Species name Area name Initial quota 2022 (in tonnes) Permitted landings 2022 (Total adapted quantity in tonnes)(1) Total catches 2022 (quantity in tonnes) Quota con-sumption related to permitted landings Overfishing related to permitted landing (quantity in tonnes) Multi-plying factor(2) Addit-ional Multi-plying factor(3)(4) Out-standing deductions from previous year(s)(5)(quantity in tonnes) Deductions to apply in 2023 (quantity in tonnes)
BE SRX 07D. Skates and rays 7d 134,000 136,500 137,765 100,93  % 1,265 / / / 1,265
BE SRX 67AKXD Skates and rays United Kingdom and Union waters of 6a, 6b, 7a-c and 7e-k 814,000 1 207,000 1 209,702 100,22  % 2,702 / / / 2,702
DE HER 4AB. Herring Union, United Kingdom and Norwegian waters of 4 north of 53° 30′ N 41 147,000 37 114,880 38 224,556 102,99  % 1 109,676 / A(6) / 1 109,676
DE OTH 1N2AB. Other species Norwegian waters of 1 and 2 71,000 72,800 92,797 127,47  % 19,997 1,00 / / 19,997
DK COD 03AN. Cod Skagerrak 1 515,000 1 503,751 1 521,783 101,20  % 18,032 / C(6) / 18,032
DK COD 2A3AX4 Cod 4; United Kingdom waters of 2a; the part of 3a not covered by the Skagerrak and Kattegat 1 951,000 1 980,700 2 018,970 101,93  % 38,270 / C(6) / 38,270
DK HAD 03A. Haddock 3a 2 225,000 2 508,851 2 735,449 109,03  % 226,598 / C(6) / 226,598
DK HER 5B6ANB Herring 6b and 6aN; United Kingdom and international waters of 5b / / 8,077 N/A 8,077 1,00 / 8,077
DK OTH 1N2AB. Other species Norwegian waters of 1 and 2 / / 2,038 N/A 2,038 1,00 / / 2,038
DK POK 1N2AB. Saithe Norwegian waters of 1 and 2 / / 17,317 N/A 17,317 1,00 / / 17,317
DK PRA 4N-S62 Northern prawn Norwegian waters south of 62°N 200,000 203,000 205,041 101,01  % 2,041 / / / 2,041
DK SPR 03A. Sprat and associated by-catches 3a 8 422,000 20,186 34,428 170,55  % 14,242 1,00 / / 14,242
DK WHB 1X14 Blue whiting United Kingdom, Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 36 723,000 45 035,026 45 516,979 101,07  % 481,953 / / / 481,953
ES ALF 3X14- Alfonsinos United Kingdom, Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 51,000 58,000 59,069 101,84  % 1,069 / / / 1,069
ES COD 1/2B. Cod 1 and 2b 9 688,000 9 290,212 9 409,547 101,28  % 119,335 / A(6) / 119,335
ES COD 1N2AB. Cod Norwegian waters of 1 and 2 2 602,000 2 744,006 2 804,069 102,19  % 60,063 / / / 60,063
ES GHL 1N2AB. Greenland halibut Norwegian waters of 1 and 2 / 32,719 55,066 168,30  % 22,347 1,00 A / 33,521
ES HAD 1N2AB. Haddock Norwegian waters of 1 and 2 / 0,554 17,963 3 242,42  % 17,409 1,00 / / 17,409
ES OTH 1N2AB. Other species Norwegian waters of 1 and 2 / / 35,447 N/A 35,447 1,00 A / 53,171
ES POL 08C. Pollack 8c 149,000 172,001 173,627 100,95  % 1,626 / / / 1,626
ES POK 1N2AB. Saithe Norwegian waters of 1 and 2 / 17,250 25,413 147,32  % 8,163 1,00 / / 8,163
ES REB 1N2AB. Redfish Norwegian waters of 1 and 2 106,000 103,211 104,593 101,34  % 1,382 / / / 1,382
ES RJU 9-C. Undulate ray Union waters of 9 15,000 18,000 19,348 107,49  % 1,348 / / / 1,348
FR JAX 4BC7D Horse mackerel and associated by-catches United Kingdom and Union waters of 4b, 4c and 7d 267,000 396,532 461,312 116,34  % 64,780 1,00 / / 64,780
FR RJE 7FG. Small-eyed ray 7f and 7g 36,000 57,000 83,299 146,14  % 26,299 1,00 / / 26,299
FR RJU 8-C. Undulate ray Union waters of 8 13,000 23,000 24,081 104,70  % 1,081 / / / 1,081
IE HER 6AS7BC Herring 6aS, 7b, 7c 1 236,000 1 267,563 1 298,400 102,43  % 30,837 / / / 30,837
IE POK 1N2AB. Saithe Norwegian waters of 1 and 2 / 28,810 51,017 177,08  % 22,207 1,00 / / 22,207
MT ALB MED Mediterranean albacore Mediterranean Sea 41,190 41,190 49,876 121,09  % 8,686 1,00 / / 8,686
NL POK 1N2AB. Saithe Norwegian waters of 1 and 2 / 4,000 47,097 1 177,43  % 43,097 1,00 / / 43,097
PL MAC 2A34. Mackerel 3a; United Kingdom and Union waters of 2a, 3b, 3c, 3d and 4 / / 10,934 N/A 10,934 1,00 / / 10,934
PT ALF 3X14- Alfonsinos Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 145,000 142,314 145,155 102,00  % 2,841 / A(6) / 2,841
PT RJU 9-C. Undulate ray Union waters of 9 15,000 32,000 33,907 105,96  % 1,907 / / / 1,907
SE I/F 04-N Industrial fish Norwegian waters of 4 800,000 800,000 808,349 101,04  % 8,349 / / / 8,349
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006(1), and in particular Article 105(1), (2) and (3) thereof,
(1) Fishing quotas for the year 2022 have been established by Council Regulations (EU) 2021/91(2), (EU) 2021/1888(3), (EU) 2022/109(4)and (EU) 2022/110(5).
(2) Fishing quotas for the year 2023 have been established by Council Regulations (EU) 2022/2090(6), (EU) 2023/194(7)and (EU) 2023/195(8).
(3) Pursuant to Article 105(1) of Regulation (EC) No 1224/2009, when the Commission has established that a Member State has exceeded the fishing quotas which have been allocated to it, the Commission is to operate deductions from future fishing quotas of that Member State.
(4) Article 105(2) and (3) of Regulation (EC) No 1224/2009 provides that such deductions are to be operated in the following year or years by applying the respective multiplying factors as set out therein.
(5) Certain Member States have exceeded their fishing quotas for the year 2022. Deductions should therefore be operated on the fishing quotas allocated to them in 2023 and, where relevant, in subsequent years, for the overfished stocks.
(6) Commission Implementing Regulation (EU) 2022/1926(9)established deductions from fishing quotas for certain fish stocks in 2022 on account of overfishing in the previous years. In 2021, Portugal overfished its fishing quota for anchovy in areas 9 and 10; Union waters of CECAF 34.1.1 (ANE/9/3411). Following Portugal’s request on 22 August 2022, the Commission agreed to spread the deduction over two years in accordance with point 3(a) of the Communication from the Commission 2022/C 369/03(10)(‘the Guidelines’). Article 3 of Commission Implementing Regulation (EU) 2022/2458(11)provides that the annual deduction shall amount to 1 477,376 tonnes in 2022 and 2023. On 19 April 2023, considering that Portugal expected to have sufficient quota left at the end of the 2022 fishing season for ANE/9/3411, it requested the Commission to cancel the spreading over two years of the deduction. Therefore, the Commission operated the entire deduction, i.e. 2 954,752 tonnes – including a multiplying factor of 1,40 – on the Portuguese quota for ANE/9/3411 for the 2022 fishing season. Consequently, there is no outstanding deduction to be operated on the Portuguese quota allocated for the 2023 fishing season for this stock.
(7) The Guidelines replaced Communication 2012/C 72/07 to adapt, where applicable, the timeline for deductions in case of overfishing of a quota for stocks managed by regional fisheries management organisations to the timeline for deductions set in the regional fisheries management organisations concerned for these stocks. Recommendation 21-01 by the International Commission for the Conservation of Atlantic Tuna (ICCAT) on a multiannual conservation and management programme for tropical tunas(12)as well as Recommendation 22-03 by ICCAT for the conservation of North Atlantic swordfish(13)establish that any excess of the annual adjusted quota in the year 2022 shall be deducted from the respective quota/catch limit for 2024. On this basis, deductions – including those resulting from applicable multiplying factors – on account of overfishing established in 2022 for the stock of bigeye tuna in the Atlantic Ocean (BET/ATLANT) and the stock of swordfish in the Atlantic Ocean, north of 5° N (SWO/AN05N), both managed by ICCAT, should only be applied in 2024.
(8) Further updates or corrections may still occur following the detection, for the current or previous deduction exercise, of errors, omissions or misreporting in the catch figures declared by the Member States pursuant to Article 33 of Regulation (EC) No 1224/2009.
(9) Since quotas are expressed in tonnes, overfishing involving quantities of less than 1 tonne should not be considered,
HAS ADOPTED THIS REGULATION:

Article 1
The fishing quotas fixed for the year 2023 in Regulations (EU) 2022/2090, (EU) 2023/194 and (EU) 2023/195 shall be reduced as set out in the Annex to this Regulation.

Article 2
This Regulation shall enter into force on the seventh day following that of its publication in theOfficial Journal of the European Union.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006(1), and in particular Article 105(1), (2) and (3) thereof,
(1) Fishing quotas for the year 2022 have been established by Council Regulations (EU) 2021/91(2), (EU) 2021/1888(3), (EU) 2022/109(4)and (EU) 2022/110(5).
(2) Fishing quotas for the year 2023 have been established by Council Regulations (EU) 2022/2090(6), (EU) 2023/194(7)and (EU) 2023/195(8).
(3) Pursuant to Article 105(1) of Regulation (EC) No 1224/2009, when the Commission has established that a Member State has exceeded the fishing quotas which have been allocated to it, the Commission is to operate deductions from future fishing quotas of that Member State.
(4) Article 105(2) and (3) of Regulation (EC) No 1224/2009 provides that such deductions are to be operated in the following year or years by applying the respective multiplying factors as set out therein.
(5) Certain Member States have exceeded their fishing quotas for the year 2022. Deductions should therefore be operated on the fishing quotas allocated to them in 2023 and, where relevant, in subsequent years, for the overfished stocks.
(6) Commission Implementing Regulation (EU) 2022/1926(9)established deductions from fishing quotas for certain fish stocks in 2022 on account of overfishing in the previous years. In 2021, Portugal overfished its fishing quota for anchovy in areas 9 and 10; Union waters of CECAF 34.1.1 (ANE/9/3411). Following Portugal’s request on 22 August 2022, the Commission agreed to spread the deduction over two years in accordance with point 3(a) of the Communication from the Commission 2022/C 369/03(10)(‘the Guidelines’). Article 3 of Commission Implementing Regulation (EU) 2022/2458(11)provides that the annual deduction shall amount to 1 477,376 tonnes in 2022 and 2023. On 19 April 2023, considering that Portugal expected to have sufficient quota left at the end of the 2022 fishing season for ANE/9/3411, it requested the Commission to cancel the spreading over two years of the deduction. Therefore, the Commission operated the entire deduction, i.e. 2 954,752 tonnes – including a multiplying factor of 1,40 – on the Portuguese quota for ANE/9/3411 for the 2022 fishing season. Consequently, there is no outstanding deduction to be operated on the Portuguese quota allocated for the 2023 fishing season for this stock.
(7) The Guidelines replaced Communication 2012/C 72/07 to adapt, where applicable, the timeline for deductions in case of overfishing of a quota for stocks managed by regional fisheries management organisations to the timeline for deductions set in the regional fisheries management organisations concerned for these stocks. Recommendation 21-01 by the International Commission for the Conservation of Atlantic Tuna (ICCAT) on a multiannual conservation and management programme for tropical tunas(12)as well as Recommendation 22-03 by ICCAT for the conservation of North Atlantic swordfish(13)establish that any excess of the annual adjusted quota in the year 2022 shall be deducted from the respective quota/catch limit for 2024. On this basis, deductions – including those resulting from applicable multiplying factors – on account of overfishing established in 2022 for the stock of bigeye tuna in the Atlantic Ocean (BET/ATLANT) and the stock of swordfish in the Atlantic Ocean, north of 5° N (SWO/AN05N), both managed by ICCAT, should only be applied in 2024.
(8) Further updates or corrections may still occur following the detection, for the current or previous deduction exercise, of errors, omissions or misreporting in the catch figures declared by the Member States pursuant to Article 33 of Regulation (EC) No 1224/2009.
(9) Since quotas are expressed in tonnes, overfishing involving quantities of less than 1 tonne should not be considered,
HAS ADOPTED THIS REGULATION:
The fishing quotas fixed for the year 2023 in Regulations (EU) 2022/2090, (EU) 2023/194 and (EU) 2023/195 shall be reduced as set out in the Annex to this Regulation.
This Regulation shall enter into force on the seventh day following that of its publication in theOfficial Journal of the European Union.

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

ANNEX
Mem-ber State | Species code | Area code | Species name | Area name | Initial quota 2022 (in tonnes) | Permitted landings 2022 (Total adapted quantity in tonnes)(1) | Total catches 2022 (quantity in tonnes) | Quota con-sumption related to permitted landings | Overfishing related to permitted landing (quantity in tonnes) | Multi-plying factor(2) | Addit-ional Multi-plying factor(3)(4) | Out-standing deductions from previous year(s)(5)(quantity in tonnes) | Deductions to apply in 2023 (quantity in tonnes)
BE | SRX | 07D. | Skates and rays | 7d | 134,000 | 136,500 | 137,765 | 100,93 % | 1,265 | / | / | / | 1,265
BE | SRX | 67AKXD | Skates and rays | United Kingdom and Union waters of 6a, 6b, 7a-c and 7e-k | 814,000 | 1 207,000 | 1 209,702 | 100,22 % | 2,702 | / | / | / | 2,702
DE | HER | 4AB. | Herring | Union, United Kingdom and Norwegian waters of 4 north of 53° 30′ N | 41 147,000 | 37 114,880 | 38 224,556 | 102,99 % | 1 109,676 | / | A(6) | / | 1 109,676
DE | OTH | 1N2AB. | Other species | Norwegian waters of 1 and 2 | 71,000 | 72,800 | 92,797 | 127,47 % | 19,997 | 1,00 | / | / | 19,997
DK | COD | 03AN. | Cod | Skagerrak | 1 515,000 | 1 503,751 | 1 521,783 | 101,20 % | 18,032 | / | C(6) | / | 18,032
DK | COD | 2A3AX4 | Cod | 4; United Kingdom waters of 2a; the part of 3a not covered by the Skagerrak and Kattegat | 1 951,000 | 1 980,700 | 2 018,970 | 101,93 % | 38,270 | / | C(6) | / | 38,270
DK | HAD | 03A. | Haddock | 3a | 2 225,000 | 2 508,851 | 2 735,449 | 109,03 % | 226,598 | / | C(6) | / | 226,598
DK | HER | 5B6ANB | Herring | 6b and 6aN; United Kingdom and international waters of 5b | / | / | 8,077 | N/A | 8,077 | 1,00 | / | | 8,077
DK | OTH | 1N2AB. | Other species | Norwegian waters of 1 and 2 | / | / | 2,038 | N/A | 2,038 | 1,00 | / | / | 2,038
DK | POK | 1N2AB. | Saithe | Norwegian waters of 1 and 2 | / | / | 17,317 | N/A | 17,317 | 1,00 | / | / | 17,317
DK | PRA | 4N-S62 | Northern prawn | Norwegian waters south of 62°N | 200,000 | 203,000 | 205,041 | 101,01 % | 2,041 | / | / | / | 2,041
DK | SPR | 03A. | Sprat and associated by-catches | 3a | 8 422,000 | 20,186 | 34,428 | 170,55 % | 14,242 | 1,00 | / | / | 14,242
DK | WHB | 1X14 | Blue whiting | United Kingdom, Union and international waters of 1, 2, 3, 4, 5, 6, 7, 8a, 8b, 8d, 8e, 12 and 14 | 36 723,000 | 45 035,026 | 45 516,979 | 101,07 % | 481,953 | / | / | / | 481,953
ES | ALF | 3X14- | Alfonsinos | United Kingdom, Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 | 51,000 | 58,000 | 59,069 | 101,84 % | 1,069 | / | / | / | 1,069
ES | COD | 1/2B. | Cod | 1 and 2b | 9 688,000 | 9 290,212 | 9 409,547 | 101,28 % | 119,335 | / | A(6) | / | 119,335
ES | COD | 1N2AB. | Cod | Norwegian waters of 1 and 2 | 2 602,000 | 2 744,006 | 2 804,069 | 102,19 % | 60,063 | / | / | / | 60,063
ES | GHL | 1N2AB. | Greenland halibut | Norwegian waters of 1 and 2 | / | 32,719 | 55,066 | 168,30 % | 22,347 | 1,00 | A | / | 33,521
ES | HAD | 1N2AB. | Haddock | Norwegian waters of 1 and 2 | / | 0,554 | 17,963 | 3 242,42 % | 17,409 | 1,00 | / | / | 17,409
ES | OTH | 1N2AB. | Other species | Norwegian waters of 1 and 2 | / | / | 35,447 | N/A | 35,447 | 1,00 | A | / | 53,171
ES | POL | 08C. | Pollack | 8c | 149,000 | 172,001 | 173,627 | 100,95 % | 1,626 | / | / | / | 1,626
ES | POK | 1N2AB. | Saithe | Norwegian waters of 1 and 2 | / | 17,250 | 25,413 | 147,32 % | 8,163 | 1,00 | / | / | 8,163
ES | REB | 1N2AB. | Redfish | Norwegian waters of 1 and 2 | 106,000 | 103,211 | 104,593 | 101,34 % | 1,382 | / | / | / | 1,382
ES | RJU | 9-C. | Undulate ray | Union waters of 9 | 15,000 | 18,000 | 19,348 | 107,49 % | 1,348 | / | / | / | 1,348
FR | JAX | 4BC7D | Horse mackerel and associated by-catches | United Kingdom and Union waters of 4b, 4c and 7d | 267,000 | 396,532 | 461,312 | 116,34 % | 64,780 | 1,00 | / | / | 64,780
FR | RJE | 7FG. | Small-eyed ray | 7f and 7g | 36,000 | 57,000 | 83,299 | 146,14 % | 26,299 | 1,00 | / | / | 26,299
FR | RJU | 8-C. | Undulate ray | Union waters of 8 | 13,000 | 23,000 | 24,081 | 104,70 % | 1,081 | / | / | / | 1,081
IE | HER | 6AS7BC | Herring | 6aS, 7b, 7c | 1 236,000 | 1 267,563 | 1 298,400 | 102,43 % | 30,837 | / | / | / | 30,837
IE | POK | 1N2AB. | Saithe | Norwegian waters of 1 and 2 | / | 28,810 | 51,017 | 177,08 % | 22,207 | 1,00 | / | / | 22,207
MT | ALB | MED | Mediterranean albacore | Mediterranean Sea | 41,190 | 41,190 | 49,876 | 121,09 % | 8,686 | 1,00 | / | / | 8,686
NL | POK | 1N2AB. | Saithe | Norwegian waters of 1 and 2 | / | 4,000 | 47,097 | 1 177,43 % | 43,097 | 1,00 | / | / | 43,097
PL | MAC | 2A34. | Mackerel | 3a; United Kingdom and Union waters of 2a, 3b, 3c, 3d and 4 | / | / | 10,934 | N/A | 10,934 | 1,00 | / | / | 10,934
PT | ALF | 3X14- | Alfonsinos | Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 | 145,000 | 142,314 | 145,155 | 102,00 % | 2,841 | / | A(6) | / | 2,841
PT | RJU | 9-C. | Undulate ray | Union waters of 9 | 15,000 | 32,000 | 33,907 | 105,96 % | 1,907 | / | / | / | 1,907
SE | I/F | 04-N | Industrial fish | Norwegian waters of 4 | 800,000 | 800,000 | 808,349 | 101,04 % | 8,349 | / | / | / | 8,349
(1) Quotas available to a Member State pursuant to the relevant fishing opportunities Regulations after taking into account exchanges of fishing opportunities in accordance with Article 16(8) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22), quota transfers from 2021 to 2022 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (OJ L 115, 9.5.1996, p. 3) and with Article 15(9) of Regulation (EU) No 1380/2013 or reallocation and deduction of fishing opportunities in accordance with Articles 37 and 105 of Regulation (EC) No 1224/2009.
(2) As set out in Article 105(2) of Regulation (EC) No 1224/2009. Deduction equal to the overfishing * 1,00 shall apply in all cases of overfishing equal to, or less than, 100 tonnes.
(3) As set out in Article 105(3) of Regulation (EC) No 1224/2009 and provided that the extent of overfishing exceeds 10 %.
(4) Letter ‘A’ indicates that an additional multiplying factor of 1,5 has been applied due to consecutive overfishing in the years 2020, 2021 and 2022. Letter ‘C’ indicates that an additional multiplying factor of 1,5 has been applied as the stock is subject to a multiannual plan.
(5) Remaining quantities from previous year(s).
(6) Additional multiplying factor not applicable because the overfishing does not exceed 10 % of the permitted landings.

Pending: 32023R1100

5.6.2023 EN Official Journal of the European Union LI 144/1
(1) Following Russia’s unprovoked and unjustified war of aggression against Ukraine since 24 February 2022, in order to support the Ukrainian economy, the European Union introduced by Regulation (EU) 2022/870 trade-liberalisation measures supplementing trade concessions applicable to Ukrainian products under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part(2).
(2) With Commission Implementing Regulation (EU) 2023/903, the Union introduced preventive measures concerning certain products originating in Ukraine(3). Those measures were necessary to address exceptional circumstances that risk affecting the economic viability of local producers in Bulgaria, Hungary, Poland, Romania, and Slovakia.
(3) Both Regulation (EU) 2022/870 and Implementing Regulation (EU) 2023/903 expired on 5 June 2023.
(4) In order to continue its support of the Ukrainian economy, the Union adopted Regulation (EU) 2023/1077 on trade-liberalisation measures supplementing trade concessions applicable to Ukrainian products under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part(4)("the Association Agreement").
(5) In light of the expiry of Implementing Regulation (EU) 2023/903, the Commission assessed whether the exceptional circumstances referred to in recital 2 of that Regulation still exist and therefore require the adoption of new, targeted preventive measures in accordance with Article 4(6) of Regulation (EU) 2023/1077.
(6) The assessment showed that important logistical bottlenecks still remain. In particular, infrastructure in Bulgaria, Hungary, Poland, Romania and Slovakia remains insufficient to handle the surge in traffic, notably at the borders between Ukraine and those Member States. Equipment is still urgently needed and storage capacity is scarce, resulting in high logistics costs, while there is also a high risk of insufficient storage capacities in the affected Member States.
(7) These exceptional circumstances continue to affect the economic viability of local producers in those Member States. Thus, the exceptional circumstances affecting the local Union producers continue. In light of those circumstances, the Commission assessed the situation as still warranting immediate action pursuant to Article 4(6) of Regulation (EU) 2023/1077.
(8) It is still necessary to ensure that the specific items of wheat, maize, rapeseed (colza) and sunflower seed originating in Ukraine, all of which compete for the same storage capacities, are released for free circulation or placed under the customs warehousing, free zone or inward processing procedures, as provided for in Regulation (EU) 952/2013 of the European Parliament and of the Council(5), only in Member States other than Bulgaria, Hungary, Poland, Romania or Slovakia.
(9) However, that limitation does not affect the movement of those goods in or via Bulgaria, Hungary, Poland, Romania or Slovakia under the customs transit procedure, as provided for in Article 226 of Regulation (EU) 952/2013, to another Member State or to a country or territory outside the customs territory of the Union. If such movement is nevertheless negatively affected, the Commission will assess, as necessary, whether the exceptional circumstances requiring immediate action persist and act accordingly.
(10) In order to swiftly address the exceptional circumstances rendering this Regulation necessary, a Joint Coordination Platform has been set up to coordinate the efforts of the Commission, Bulgaria, Hungary, Poland, Romania and Slovakia, as well as Ukraine and Moldova to improve the flow of trade between the Union and Ukraine including transit along corridors of agricultural products. The Joint Coordination Platform will deliver operational solutions to improve procedures, infrastructure and logistic bottlenecks between Ukraine and the Union by, accelerating and improving control procedures at borders, better coordinated transit, enhanced infrastructure and lowered overall logistics costs, thereby ensuring that wheat, maize, rapeseed (colza) and sunflower seed originating in Ukraine can move deeper into the Union and beyond as needed. It is reasonable to expect that the work conducted in the context of the Joint Coordination Platform will translate into improvements in the course of the coming months. As joint solutions emerge to address the exceptional circumstances referred to in recital 6, it will be possible to let the preventive measures under this Regulation expire by September 2023.
(11) The Commission has, in accordance with Article 4(6) of Regulation (EU) 2023/1077, informed the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478.
(12) In order to prevent speculative behaviour by market operators, this Regulation should enter into force on the day of its publication. As is expected that the Joint Coordination Platform will improve the situation on the ground in the coming months, this Regulation should only apply until 15 September 2023,
Product Description Commodity Code
Wheat
Common wheat (except for seeds for sowing) ex 1001 99 00
Maize
Maize (corn) (except for seeds for sowing) 1005 90 00
Rapeseed
Rape or colza seeds, whether or not broken (except for seeds for sowing) 1205 10 90 ;ex 1205 90 00
Sunflower seeds
Sunflower seeds, whether or not broken (except for seeds for sowing) 1206 00 91 ;1206 00 99
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2023/1077 of the European Parliament and of the Council of 31 May 2023 on temporary trade-liberalisation measures(1)and in particular Article 4(6) thereof,
(1) Following Russia’s unprovoked and unjustified war of aggression against Ukraine since 24 February 2022, in order to support the Ukrainian economy, the European Union introduced by Regulation (EU) 2022/870 trade-liberalisation measures supplementing trade concessions applicable to Ukrainian products under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part(2).
(2) With Commission Implementing Regulation (EU) 2023/903, the Union introduced preventive measures concerning certain products originating in Ukraine(3). Those measures were necessary to address exceptional circumstances that risk affecting the economic viability of local producers in Bulgaria, Hungary, Poland, Romania, and Slovakia.
(3) Both Regulation (EU) 2022/870 and Implementing Regulation (EU) 2023/903 expired on 5 June 2023.
(4) In order to continue its support of the Ukrainian economy, the Union adopted Regulation (EU) 2023/1077 on trade-liberalisation measures supplementing trade concessions applicable to Ukrainian products under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part(4)(“the Association Agreement”).
(5) In light of the expiry of Implementing Regulation (EU) 2023/903, the Commission assessed whether the exceptional circumstances referred to in recital 2 of that Regulation still exist and therefore require the adoption of new, targeted preventive measures in accordance with Article 4(6) of Regulation (EU) 2023/1077.
(6) The assessment showed that important logistical bottlenecks still remain. In particular, infrastructure in Bulgaria, Hungary, Poland, Romania and Slovakia remains insufficient to handle the surge in traffic, notably at the borders between Ukraine and those Member States. Equipment is still urgently needed and storage capacity is scarce, resulting in high logistics costs, while there is also a high risk of insufficient storage capacities in the affected Member States.
(7) These exceptional circumstances continue to affect the economic viability of local producers in those Member States. Thus, the exceptional circumstances affecting the local Union producers continue. In light of those circumstances, the Commission assessed the situation as still warranting immediate action pursuant to Article 4(6) of Regulation (EU) 2023/1077.
(8) It is still necessary to ensure that the specific items of wheat, maize, rapeseed (colza) and sunflower seed originating in Ukraine, all of which compete for the same storage capacities, are released for free circulation or placed under the customs warehousing, free zone or inward processing procedures, as provided for in Regulation (EU) 952/2013 of the European Parliament and of the Council(5), only in Member States other than Bulgaria, Hungary, Poland, Romania or Slovakia.
(9) However, that limitation does not affect the movement of those goods in or via Bulgaria, Hungary, Poland, Romania or Slovakia under the customs transit procedure, as provided for in Article 226 of Regulation (EU) 952/2013, to another Member State or to a country or territory outside the customs territory of the Union. If such movement is nevertheless negatively affected, the Commission will assess, as necessary, whether the exceptional circumstances requiring immediate action persist and act accordingly.
(10) In order to swiftly address the exceptional circumstances rendering this Regulation necessary, a Joint Coordination Platform has been set up to coordinate the efforts of the Commission, Bulgaria, Hungary, Poland, Romania and Slovakia, as well as Ukraine and Moldova to improve the flow of trade between the Union and Ukraine including transit along corridors of agricultural products. The Joint Coordination Platform will deliver operational solutions to improve procedures, infrastructure and logistic bottlenecks between Ukraine and the Union by, accelerating and improving control procedures at borders, better coordinated transit, enhanced infrastructure and lowered overall logistics costs, thereby ensuring that wheat, maize, rapeseed (colza) and sunflower seed originating in Ukraine can move deeper into the Union and beyond as needed. It is reasonable to expect that the work conducted in the context of the Joint Coordination Platform will translate into improvements in the course of the coming months. As joint solutions emerge to address the exceptional circumstances referred to in recital 6, it will be possible to let the preventive measures under this Regulation expire by September 2023.
(11) The Commission has, in accordance with Article 4(6) of Regulation (EU) 2023/1077, informed the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478.
(12) In order to prevent speculative behaviour by market operators, this Regulation should enter into force on the day of its publication. As is expected that the Joint Coordination Platform will improve the situation on the ground in the coming months, this Regulation should only apply until 15 September 2023,
HAS ADOPTED THIS REGULATION:

Article 1
The release for free circulation or placing under the customs warehousing, free zone or inward processing procedures of the products listed in the Annex to this Regulation originating in Ukraine, shall only be allowed in Member States other than Bulgaria, Hungary, Poland, Romania or Slovakia.

Article 2
This Regulation shall enter into force on the day of its publication in theOfficial Journal of the European Unionand shall apply until 15 September 2023.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2023/1077 of the European Parliament and of the Council of 31 May 2023 on temporary trade-liberalisation measures(1)and in particular Article 4(6) thereof,
(1) Following Russia’s unprovoked and unjustified war of aggression against Ukraine since 24 February 2022, in order to support the Ukrainian economy, the European Union introduced by Regulation (EU) 2022/870 trade-liberalisation measures supplementing trade concessions applicable to Ukrainian products under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part(2).
(2) With Commission Implementing Regulation (EU) 2023/903, the Union introduced preventive measures concerning certain products originating in Ukraine(3). Those measures were necessary to address exceptional circumstances that risk affecting the economic viability of local producers in Bulgaria, Hungary, Poland, Romania, and Slovakia.
(3) Both Regulation (EU) 2022/870 and Implementing Regulation (EU) 2023/903 expired on 5 June 2023.
(4) In order to continue its support of the Ukrainian economy, the Union adopted Regulation (EU) 2023/1077 on trade-liberalisation measures supplementing trade concessions applicable to Ukrainian products under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part(4)(“the Association Agreement”).
(5) In light of the expiry of Implementing Regulation (EU) 2023/903, the Commission assessed whether the exceptional circumstances referred to in recital 2 of that Regulation still exist and therefore require the adoption of new, targeted preventive measures in accordance with Article 4(6) of Regulation (EU) 2023/1077.
(6) The assessment showed that important logistical bottlenecks still remain. In particular, infrastructure in Bulgaria, Hungary, Poland, Romania and Slovakia remains insufficient to handle the surge in traffic, notably at the borders between Ukraine and those Member States. Equipment is still urgently needed and storage capacity is scarce, resulting in high logistics costs, while there is also a high risk of insufficient storage capacities in the affected Member States.
(7) These exceptional circumstances continue to affect the economic viability of local producers in those Member States. Thus, the exceptional circumstances affecting the local Union producers continue. In light of those circumstances, the Commission assessed the situation as still warranting immediate action pursuant to Article 4(6) of Regulation (EU) 2023/1077.
(8) It is still necessary to ensure that the specific items of wheat, maize, rapeseed (colza) and sunflower seed originating in Ukraine, all of which compete for the same storage capacities, are released for free circulation or placed under the customs warehousing, free zone or inward processing procedures, as provided for in Regulation (EU) 952/2013 of the European Parliament and of the Council(5), only in Member States other than Bulgaria, Hungary, Poland, Romania or Slovakia.
(9) However, that limitation does not affect the movement of those goods in or via Bulgaria, Hungary, Poland, Romania or Slovakia under the customs transit procedure, as provided for in Article 226 of Regulation (EU) 952/2013, to another Member State or to a country or territory outside the customs territory of the Union. If such movement is nevertheless negatively affected, the Commission will assess, as necessary, whether the exceptional circumstances requiring immediate action persist and act accordingly.
(10) In order to swiftly address the exceptional circumstances rendering this Regulation necessary, a Joint Coordination Platform has been set up to coordinate the efforts of the Commission, Bulgaria, Hungary, Poland, Romania and Slovakia, as well as Ukraine and Moldova to improve the flow of trade between the Union and Ukraine including transit along corridors of agricultural products. The Joint Coordination Platform will deliver operational solutions to improve procedures, infrastructure and logistic bottlenecks between Ukraine and the Union by, accelerating and improving control procedures at borders, better coordinated transit, enhanced infrastructure and lowered overall logistics costs, thereby ensuring that wheat, maize, rapeseed (colza) and sunflower seed originating in Ukraine can move deeper into the Union and beyond as needed. It is reasonable to expect that the work conducted in the context of the Joint Coordination Platform will translate into improvements in the course of the coming months. As joint solutions emerge to address the exceptional circumstances referred to in recital 6, it will be possible to let the preventive measures under this Regulation expire by September 2023.
(11) The Commission has, in accordance with Article 4(6) of Regulation (EU) 2023/1077, informed the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478.
(12) In order to prevent speculative behaviour by market operators, this Regulation should enter into force on the day of its publication. As is expected that the Joint Coordination Platform will improve the situation on the ground in the coming months, this Regulation should only apply until 15 September 2023,
HAS ADOPTED THIS REGULATION:
The release for free circulation or placing under the customs warehousing, free zone or inward processing procedures of the products listed in the Annex to this Regulation originating in Ukraine, shall only be allowed in Member States other than Bulgaria, Hungary, Poland, Romania or Slovakia.
This Regulation shall enter into force on the day of its publication in theOfficial Journal of the European Unionand shall apply until 15 September 2023.
ANNEX
Product Description | Commodity Code
Wheat
Common wheat (except for seeds for sowing) | ex 1001 99 00
Maize
Maize (corn) (except for seeds for sowing) | 1005 90 00
Rapeseed
Rape or colza seeds, whether or not broken (except for seeds for sowing) | 1205 10 90 ;ex 1205 90 00
Sunflower seeds
Sunflower seeds, whether or not broken (except for seeds for sowing) | 1206 00 91 ;1206 00 99