3.4.2009   

EN

Official Journal of the European Union

L 91/1

3.4.2009   

EN

Official Journal of the European Union

L 91/3

(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 the preparation set out in the Annex to this Regulation. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(3)

The application concerns the authorisation of the enzyme preparation 6-phytase produced by Aspergillus oryzae (DSM 17594), as a feed additive for chickens for fattening to be classified in the additive category ‘zootechnical additives’.

(4)

From the Opinion of the European Food Safety Authority (the Authority) of 18 November 2008 and of 29 October 2008 (2) it results that, based on the data provided by the applicant, the enzyme preparation 6-phytase, produced by Aspergillus oryzae (DSM 17594), as produced by the applicant DSM Nutritional Products Ltd represented by DSM Nutritional products Sp. Z o.o., does not have an adverse effect on animal health, human health or the environment and that it is efficacious in improving the utilisation of phytate-bound phosphorus. The Authority does not consider that there is a need for specific requirements of post market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Community Reference Laboratory set up by Regulation (EC) No 1831/2003.

(5)

The assessment of that preparation shows that the conditions for authorisation, provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

3.4.2009   

EN

Official Journal of the European Union

L 91/5

(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 the preparation set out in the Annex to this Regulation. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(3)

The application concerns the authorisation of the enzyme preparation endo-1,4-beta-xylanase produced by Aspergillus niger (CBS 109.713) and endo-1,4-beta-glucanase produced by Aspergillus niger (DSM 18404), as a feed additive for weaned piglets, chickens for fattening, laying hens, turkeys for fattening and ducks for fattening to be classified in the additive category ‘zootechnical additives’.

(4)

From the opinion of the European Food Safety Authority (the Authority) of 3 December 2008 and on 9 December 2008 (2) it results that the enzyme preparation endo-1,4-beta-xylanase produced by Aspergillus niger (CBS 109.713) and endo-1,4-beta-glucanase produced by Aspergillus niger (DSM 18404), as produced by the applicant BASF SE, does not have an adverse effect on animal health, human health and the environment and that it is efficacious in increasing performance of piglets and chickens for fattening and in improving feed conversion in turkeys for fattening and laying hens. Based on the data provided for chickens for fattening, it was assumed efficacious also for ducks for fattening. It further concluded that the product may be a potential skin and respiratory sensitiser. The Authority does not consider that there is a need for specific requirements of post market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Community Reference Laboratory set up by Regulation (EC) No 1831/2003.

(5)

The assessment of that preparation shows that the conditions for authorisation, provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised as specified in the Annex to this Regulation.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

3.4.2009   

EN

Official Journal of the European Union

L 91/7

(1)

The Commission is required by Article 4(2) of Regulation (EC) No 300/2008 to adopt general measures designed to amend non-essential elements of the common basic standards on civil aviation security laid down in the Annex to that Regulation by supplementing them.

(2)

Article 4(3) of Regulation (EC) No 300/2008 further provides that the Commission must adopt detailed measures for implementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008, as supplemented by the general measures adopted by the Commission on the basis of Article 4(2).

(3)

General measures supplementing the common basic standards on civil aviation security should therefore be adopted in the field of screening, access control and other security controls as well as in the field of prohibited articles, third country recognition of equivalence, staff recruitment, training, special security procedures and exemptions from security controls.

(4)

These general measures are necessary in order to achieve a level of aviation security within the European Union that is equivalent to the standards required by Regulation (EC) No 2320/2002 (2), which was repealed by Regulation (EC) No 300/2008.

(5)

In accordance with Article 24 of Regulation (EC) No 300/2008, the Annex to the said Regulation shall apply as from the date to be specified in the implementing rules, but not later than 24 months after the entry into force of Regulation (EC) No 300/2008. Therefore, the application of the general measures adopted pursuant to Article 4(2) of Regulation (EC) No 300/2008 should be deferred until the adoption of implementing rules pursuant to Article 4(3), but not later than 29 April 2010.

(6)

Methods, including technologies, for detection of liquid explosives should be deployed on an EU-wide basis at airports as swiftly as possible and no later than 29 April 2010, thus allowing passengers to carry harmless liquids without restrictions. If it is not possible to deploy methods, including technologies, for the detection of liquid explosives on an EU-wide basis in time, the Commission will propose the necessary addition to the categories of items that may be prohibited (Part B of the Annex). If the deployment of methods, including technologies, is not possible at certain airports for objective reasons, modalities to allow liquids to be carried without compromising standards of security will be specified by the Commission in implementing measures.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security,

(a)

allow methods of screening as laid down in part A of the Annex;

(b)

prohibit categories of articles as laid down in part B of the Annex;

(c)

provide grounds for granting access to airside and security restricted areas as laid down in part C of the Annex;

(d)

allow methods for the examination of vehicles, aircraft security checks and aircraft security searches as laid down in part D of the Annex;

(e)

establish criteria for recognising the equivalence of security standards of third countries as laid down in part E of the Annex;

(f)

set the conditions under which cargo and mail shall be screened or subjected to other security controls and determine the process for the approval or designation of regulated agents, known consignors and account consignors as laid down in part F of the Annex;

(g)

set the conditions under which air carrier mail and air carrier materials shall be screened or subjected to other security controls as laid down in part G of the Annex;

(h)

set the conditions under which in-flight supplies and airport supplies shall be screened or subjected to other security controls and determine the process for the approval or designation of regulated suppliers and known suppliers as laid down in part H of the Annex;

(i)

establish criteria for defining critical parts of security restricted areas as laid down in part I of the Annex;

(j)

establish criteria applicable for the recruitment of persons who will implement, or will be responsible for the implementation of, screening, access control or other security controls and instructors as well as the methods of training of those persons and persons who will be issued with an airport identification card or crew identification card as laid down in part J of the Annex; and

(k)

set the conditions under which special security procedures or exemptions from security controls may be applied as laid down in part K of the Annex.

1.

‘airport supplies’ means all items intended to be sold, used or made available in security restricted areas of airports;

2.

‘in-flight supplies’ means all items other than:

intended to be taken on board an aircraft for use, consumption or purchase by passengers or crew during a flight;

3.

‘regulated supplier of in-flight supplies’ means a supplier whose procedures meet common security rules and standards sufficient to allow delivery of in-flight supplies directly to aircraft;

4.

‘known supplier of in-flight supplies’ means a supplier whose procedures meet common security rules and standards sufficient to allow delivery of in-flight supplies to an air carrier or regulated supplier, but not directly to aircraft;

5.

‘known supplier of airport supplies’ means a supplier whose procedures meet common security rules and standards sufficient to allow delivery of airport supplies to security restricted areas.

3.4.2009   

EN

Official Journal of the European Union

L 91/14

(1)

Commission Regulation (EC) No 1875/2006 (2) has introduced in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (3) an obligation for economic operators to provide electronic entry and exit summary declarations to the customs authorities for goods entering or leaving the customs territory of the Community, in order to enable those authorities to carry out computerized risk analysis on the basis of such information before the goods are brought into or out of the customs territory of the Community. In accordance with Article 3(3) of Regulation (EC) No 1875/2006, this information is to be provided from 1 July 2009.

(2)

Due to the complexity of the processes for introducing of electronic entry and exit summary declarations, unanticipated delays have occurred in the implementation process so that not all economic operators will be in a position to use information technology and computer networks for these purposes by 1 July 2009. Though information technology and computer networks facilitate international trade, they also require investments in automatic data transmission systems which may cause problems for economic operators in the short term. It is therefore appropriate to take such situations into account by providing that during a transitional period economic operators will be able, but will not be obliged, to lodge electronic entry and exit summary declarations in order to allow them to adjust their systems to the new legal requirements.

(3)

The introduction of a transitional period for electronic exit summary declarations justifies maintaining, for the same period, the facilitation which can be granted under Article 285a(2) of Regulation (EEC) No 2454/93 to approved exporters benefiting from the local clearance procedure, provided that the customs office of exit is located in the same Member States as the customs office of export and receives the particulars necessary for the exit of the goods.

(4)

In cases where economic operators do not lodge electronic entry or exit summary declarations or where the local clearance procedure is used under Article 285a(2) of Regulation (EEC) No 2454/93, the customs authorities will not be able to carry out risk analysis for safety and security purposes on the basis of the data laid down for entry and exit summary declarations in Annex 30A of Regulation (EEC) No 2454/93. In those cases, the customs authorities should use for their risk analysis the information available, at the latest upon presentation of the goods entering or leaving the customs territory of the Community.

(5)

On the basis of the information available it may be assumed that a transitional period of 18 months is sufficient to permit economic operators to comply with all obligations laid down in Regulation (EEC) No 2454/93. The derogations provided for in this Regulation should therefore end on 31 December 2010. Accordingly after 31 December 2010 electronic entry and exit summary declarations with the data laid down in Annex 30A of Regulation (EEC) No 2454/93 should be lodged within the prescribed time limits for goods entering or leaving the customs territory of the Community, and the facilitation provided for in Article 285a(2) of Regulation (EEC) No 2454/93 should no longer apply.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

3.4.2009   

EN

Official Journal of the European Union

L 91/16

(1)

According to Article 61, first paragraph, point (d) of Regulation (EC) No 1234/2007, the sugar or isoglucose produced in excess of the quota referred to in Article 56 of that Regulation may be exported only within the quantitative limit to be fixed.

(2)

Detailed implementing rules for out-of-quota exports, in particular concerning the issue of export licences are laid down by Commission Regulation (EC) No 951/2006 (2). However, the quantitative limit should be fixed per marketing year in view of the possible opportunities on the export markets.

(3)

For certain Community producers of sugar and isoglucose, exports from the Community represent an important part of their economic activities and they have established traditional markets outside the Community. Exports of sugar and isoglucose to those markets could be economically viable also without granting export refunds. To that end it is necessary to fix a quantitative limit for out-of-quota sugar and isoglucose exports so that the Community producers concerned may continue to supply their traditional markets.

(4)

For the 2009/2010 marketing year it is estimated that fixing the quantitative limit at 650 000 tonnes, in white sugar equivalent, for out-of-quota sugar exports and 50 000 tonnes, in dry matter, for out-of-quota isoglucose would correspond to the market demand.

(5)

Community exports of sugar to certain close destinations and to third countries granting Community products a preferential import treatment are currently in a particular favourable competitive position. In view of the absence of appropriate instruments of mutual assistance to fight against irregularities and in order to minimise the risk of fraud and to prevent any abuse associated with the reimport or reintroduction into the Community of out-of-quota sugar certain close destinations should be excluded from the eligible destinations.

(6)

In view of the estimated lower risks for eventual frauds regarding isoglucose due to the nature of the product it is not necessary to restrict the eligible destinations for the export of out-of-quota isoglucose.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

(a)

third countries: Andorra, Liechtenstein, the Holy See (Vatican City State), San Marino, Croatia, Bosnia and Herzegovina, Serbia (3), Montenegro, Albania and the former Yugoslav Republic of Macedonia;

(b)

territories of Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the communes of Livigno and Campione d’Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

(c)

European territories for whose external relations a Member State is responsible, not forming part of the customs territory of the Community: Gibraltar.

3.4.2009   

EN

Official Journal of the European Union

L 91/18

(1)

Annex I to Regulation (EC) No 872/2004 lists the natural and legal persons, bodies and entities covered by the freezing of funds and economic resources under that Regulation.

(2)

On 4, 15 and 18 December 2008 and on 3 February 2009, the Sanctions Committee of the United Nations Security Council decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly.

(3)

In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,

3.4.2009   

EN

Official Journal of the European Union

L 91/20

(1)

By Commission Directive 2004/30/EC (2) pyraclostrobin was included as active substance in Annex I to Directive 91/414/CEE.

(2)

When applying for the inclusion of pyraclostrobin its manufacturer BASF SE (hereinafter the notifier) submitted data on uses to control certain fungi which supported the overall conclusion that it may be expected that plant protection products containing pyraclostrobin will fulfil the safety requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC. Therefore, pyraclostrobin was included in Annex I to that Directive with the specific provision that Member States may only authorise uses as fungicide.

(3)

In addition to the control of fungi in certain agricultural uses, the notifier now has applied for an amendment to those specific provisions to allow pyraclostrobin to be used as a plant growth regulator. In order to support such an extension of the use, the notifier submitted additional information.

(4)

Germany evaluated the information and data submitted by the notifier. Germany informed the Commission in October 2008 about its conclusion that the requested extension of use does not cause any risks in addition to those already taken into account in the specific provisions for pyraclostrobin in Annex I to Directive 91/414/EEC and in the Commission review report for that substance. In particular, the extension does not involve a modification of the application parameters, as set out in the specific provisions of Annex I to Directive 91/414/EEC.

(5)

Therefore it is justified to modify the specific provisions for pyraclostrobin.

(6)

It is therefore appropriate to amend Directive 91/414/EEC accordingly.

(7)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

3.4.2009   

EN

Official Journal of the European Union

L 91/23

(1)

Regulation (EC) No 1100/2007 establishes a framework for the protection and sustainable use of the stock of European eel in Community waters and in coastal lagoons, in estuaries, and in rivers and communicating inland waters of Member States.

(2)

Article 2 of Regulation (EC) No 1100/2007 requires Member States to identify and define the individual river basins lying within their national territory that constitute natural habitats for the European eel. For each eel river basin, Member States are to prepare an Eel Management Plan.

(3)

Article 3(1) of Regulation (EC) No 1100/2007 stipulates that a Member State may be exempt from the obligation to prepare an Eel Management Plan if appropriate justification is provided that river basins or maritime waters lying within its territory do not constitute natural habitats for the European eel. The Members States shall communicate to the Commission a request for exemption. The request must be approved by the Commission on the basis of a technical and scientific evaluation by the STEFC or by another appropriate scientific body.

(4)

Cyprus, Malta, Austria, Romania and Slovakia communicated to the Commission requests for exemption from the obligation to prepare an Eel Management Plan including appropriate justifications.

(5)

The International Council for the Exploration of the Seas (ICES) provided the Commission with a technical and scientific evaluation of the requests.

(6)

According to the evaluation carried out by the International Council for the Exploration of the Seas (ICES), the river basins or maritime waters concerned by the aforementioned requests for exemption cannot be identified and defined as constituting natural habitats for the European eel for the purposes of Regulation (EC) No 1100/2007.

(7)

Therefore, having regard to Article 3(1) of Regulation (EC) No 1100/2007, it is appropriate to grant exemptions to the relevant Member States from the obligation to prepare Eel Management Plans.

(8)

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

(a)

Cyprus,

(b)

Malta,

(c)

Austria,

(d)

Romania,

(e)

Slovakia.

3.4.2009   

EN

Official Journal of the European Union

L 91/25

(1)

In accordance with Article 6(2) of Directive 91/414/EEC, in May 2003 France received an application from BASF AG, for the inclusion of the active substance topramezone in Annex I to Directive 91/414/EEC. Commission Decision 2003/850/EC (2) confirmed that the dossier was complete and could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to that Directive.

(2)

In July 2002 the United Kingdom received an application from Dow AgroSciences Ltd concerning sulfuryl fluoride. Commission Decision 2003/305/EC (3) confirmed that the dossier was complete and could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to that Directive.

(3)

In March 2005 the United Kingdom received an application from Central Science Laboratory concerning zucchini yellow mosaic virus — weak strain. Commission Decision 2006/586/EC (4) confirmed that the dossier was complete and could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to that Directive.

(4)

Confirmation of the completeness of the dossiers was necessary in order to allow them to be examined in detail and to allow Member States the possibility of granting provisional authorisations, for periods of up to three years, for plant protection products containing the active substances concerned, while complying with the conditions laid down in Article 8(1) of Directive 91/414/EEC and, in particular, the condition relating to the detailed assessment of the active substances and the plant protection product in the light of the requirements laid down by that Directive.

(5)

For these active substances, the effects on human health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicants. The rapporteur Member State submitted the draft assessment reports to the Commission on 21 July 2006 (topramezone), on 29 October 2004 (sulfuryl fluoride) and on 30 June 2006 (zucchini yellow mosaic virus — weak strain).

(6)

Following submission of the draft assessment report by the rapporteur Member State, it has been found to be necessary to request further information from the applicant and to have the rapporteur Member State examine that information and submit its assessment. Therefore, the examination of the dossier is still ongoing and it will not be possible to complete the evaluation within the timeframe provided for in Directive 91/414/EEC.

(7)

As the evaluation so far has not identified any reason for immediate concern, Member States should be given the possibility of prolonging provisional authorisations granted for plant protection products containing the active substance concerned for a period of 24 months in accordance with the provisions of Article 8 of Directive 91/414/EEC so as to enable the examination of the dossiers to continue. It is expected that the evaluation and decision-making process with respect to a decision on possible Annex I inclusion for topramezone, sulfuryl fluoride and zucchini yellow mosaic virus — weak strain will have been completed within 24 months.

(8)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

3.4.2009   

EN

Official Journal of the European Union

L 91/27

(1)

Commission Decision 2000/96/EC of 22 December 1999 on the communicable diseases to be progressively covered by the Community network under Decision No 2119/98/EC of the European Parliament and of the Council (2) establishes a list of communicable diseases and special health issues for epidemiological surveillance purposes. The main purpose for developing at Community level such a network for the surveillance and control of communicable diseases was to collect and coordinate information from monitoring networks in the Member States in relation to public health.

(2)

As at the time of adoption of the Decision 2000/96/EC not all communicable diseases or special health issues selected for epidemiological surveillance could be covered by the Community network, some dedicated surveillance networks have been identified as those which could be already put in place.

(3)

Commission Decision 2003/542/EC of 17 July 2003 amending Decision 2000/96/EC as regards the operation of dedicated surveillance networks (3), inter alia, specifies the communicable diseases and special health issues for which dedicated surveillance networks had been put in place at that time.

(4)

Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European centre for disease prevention and control (4) (ECDC) defines dedicated surveillance networks (DSN) as any specific network on diseases or special health issues selected for epidemiological surveillance between accredited structures and authorities of Member States.

(5)

Article 3(2)(d) of Regulation (EC) No 851/2004, entrusted the ECDC with the mission to coordinate the European networking of bodies operating within the fields of its mission, including networks arising from the public health activities supported by the Commission and operating the DSN.

(6)

The ECDC currently monitors the relative importance of diseases and special health issues and whenever required by the epidemiological situation suggests amending the list of communicable diseases to be progressively covered by the Community network; in addition any new diseases included within the Decision 2000/96/EC are immediately covered by epidemiological surveillance of the ECDC.

(7)

As the vast majority of the diseases and health issues listed in the Annex I to Decision 2000/96/EC is now covered by the ECDC activities, it is no longer necessary to highlight in that Annex, by means of asterisks, those networks which are already in place.

(8)

Decision 2000/96/EC should therefore be amended accordingly.

(9)

The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 7 of Decision No 2119/98/EC,

1.

In the Article 4(2) the first subparagraph is deleted.

2.

Annex I is amended as set out in the Annex to this Decision.

3.4.2009   

EN

Official Journal of the European Union

L 91/31

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