5.6.2012   

EN

Official Journal of the European Union

L 144/1

(1)

Commission Regulation (EU) No 28/2012 (2) lays down rules on the certification of consignments of certain composite products introduced into the Union from third countries, including composite products containing processed egg products.

(2)

Pursuant to Regulation (EU) No 28/2012, consignments of composite products introduced into or transited through the Union are to be accompanied by a health certificate in accordance with the models set out in Annexes I and II thereto and comply with the conditions established in that certificate.

(3)

The model certificates set out in Annexes I and II to Regulation (EU) No 28/2012 do not currently include detailed conditions as regards processed egg products contained in composite products which are being introduced into or transited through the Union.

(4)

Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (3) lays down veterinary certification requirements for imports into and transit, through the Union of certain commodities, including egg products. It provides that commodities imported into or transited through the Union are to be accompanied by a veterinary certificate for the commodity concerned and comply with the conditions set out therein.

(5)

Processed egg products present a potential risk for animal health, also when they are used to manufacture certain composite products. It is therefore appropriate that the same conditions which must be complied with by egg products pursuant to Regulation (EC) No 798/2008, when those products are introduced into or transited through the Union, apply also to processed egg products used to manufacture composite products.

(6)

The model certificates set out in Annexes I and II to Regulation (EU) No 28/2012 include the condition that the country of origin of meat or milk products used to manufacture composite products imported into or transited through the Union is authorised by relevant Union legislation to export meat or milk products into the Union. In addition, those model certificates include the condition that the country of origin of the meat or milk products be the same as the country of export of the composite products.

(7)

Those two conditions ensure that meat and milk products originating from third countries and used to manufacture composite products comply with Union rules for human and animal health. However, the condition that the country of origin and the country of export be the same does not allow for the import into and transit through the Union of composite products exported from a third country but which contain meat and milk products originating in the Union.

(8)

Meat and milk products originating in the Union are in compliance with the human and animal health conditions laid down in Union legislation. It is therefore appropriate to amend the conditions included in the model certificates set out in Annexes I and II to Regulation (EU) No 28/2012 to allow the use of meat and milk products originating in the Union to manufacture composite products in third countries authorised to export composite products to the Union.

(9)

Commission Decision 2007/777/EC of 29 November 2007 laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries (4) provides that Member States are to authorise imports into the Union of certain meat products that comply with the conditions concerning origin and treatment set out in Annex II thereto. That Annex sets out rules on a non-specific treatment (treatment A) to which the imported products are to be subjected when they originate in third countries where the animal health status does not present a risk for the animal health status in the Union. Since those products may be directly imported into the Union, it is appropriate to amend the conditions included in the model certificates set out in Annexes I and II to Regulation (EU) No 28/2012 to allow the use of such meat products to manufacture composite products in third countries authorised to export composite products to the Union, provided that the third country exporting the composite products ensures that those meat products comply with the health and origin requirements foreseen in Union legislation and that it is authorised to export itself the same meat products to the Union under the same conditions.

(10)

Commission Regulation (EU) No 605/2010 of 2 July 2010 laying down animal and public health and veterinary certification conditions for the introduction into the European Union of raw milk and dairy products intended for human consumption (5) provides that Member States are to authorise the importation of consignments of raw milk and dairy products from the third countries or parts thereof listed in column A of Annex I thereto. In addition, Regulation (EU) No 605/2010 provides that Member States are to authorise the importation of consignments of certain dairy products from the third countries or parts thereof not at risk from foot-and-mouth disease listed in column B of Annex I thereto, provided that such dairy products have undergone, or been produced from raw milk which has undergone a pasteurisation treatment involving a single heat treatment as laid down in that Regulation. Since those dairy products may be directly imported into the Union, it is appropriate to amend the conditions included in the model certificates set out in Annexes I and II to Regulation (EU) No 28/2012 to allow the use of such dairy products to manufacture composite products in third countries authorised to export composite products to the Union, provided that the third country exporting the composite products ensures that those milk products comply with the health and origin requirements foreseen in Union legislation and that it is authorised to export itself the same dairy products to the Union under the same conditions.

(11)

Regulation (EU) No 28/2012 should therefore be amended accordingly.

(12)

To avoid any disruption of trade, the use of certificates issued in accordance with Regulation (EU) No 28/2012 prior to the entry into force of this Regulation should be authorised for a transitional period.

(13)

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

5.6.2012   

EN

Official Journal of the European Union

L 144/15

(1)

A check has revealed an error in the Annex to Commission Implementing Regulation (EU) No 69/2012 (3) regarding the quantity available for the July 2012 subperiod for the quota of broken rice falling within CN Code 1006 40 00 provided for in Article 1(1)(c) of Implementing Regulation (EU) No 1273/2011 and with order number 09.4149.

(2)

Implementing Regulation (EU) No 69/2012 should therefore be corrected accordingly.

(3)

In order to ensure sound management of the procedure for issuing import licences, this Regulation should enter into force immediately after its publication,

5.6.2012   

EN

Official Journal of the European Union

L 144/16

(1)

Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use.

(2)

That list may be amended in accordance with the procedure referred to in Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (2).

(3)

Pursuant to Article 3(1) of Regulation (EC) No 1331/2008, the Union list of food additives may be updated either on the initiative of the Commission or following an application.

(4)

An application for authorisation of the use of polydextrose (E 1200) as a stabiliser in beer was submitted and has been made available to the Member States.

(5)

Energy-reduced and low-alcohol beers have a generally low acceptance because of their lack of body and mouthfeel. Addition of polydextrose (E 1200) can contribute to the body and mouthfeel and at the same time can provide the necessary foam stability. In addition, polydextrose (E 1200) has a low caloric value and its addition will have a limited contribution to the total calorie content of the beer.

(6)

Polydextrose (E 1200) belongs to the group of additives for which no acceptable daily intake has been specified (3). This implies that it does not represent a hazard to health at the levels necessary to achieve the desired technological effect. It is therefore appropriate to allow the use of polydextrose (E 1200) in energy-reduced and low-alcohol beers.

(7)

Pursuant to Article 3(2) of Regulation (EC) No 1331/2008, the Commission is to seek the opinion of the European Food Safety Authority in order to update the Union list of food additives set out in Annex II to Regulation (EC) No 1333/2008, except where the update in question is not liable to have an effect on human health. Since the authorisation of use of polydextrose (E 1200) in energy-reduced and low-alcohol beers constitutes an update of that list which is not liable to have an effect on human health, it is not necessary to seek the opinion of the European Food Safety Authority.

(8)

Pursuant to the transitional provisions of Commission Regulation (EU) No 1129/2011 of 11 November 2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives (4), Annex II establishing the Union list of food additives approved for use in foods and conditions of use applies from 1 June 2013. In order to allow the use of polydextrose (E 1200) in beer before that date, it is necessary to specify an earlier date of application with regard to this use of that food additive.

(9)

Therefore, Annex II to Regulation (EC) No 1333/2008 should be amended accordingly.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them,

5.6.2012   

EN

Official Journal of the European Union

L 144/19

(1)

Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use.

(2)

That list may be amended in accordance with the procedure referred to in Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (2).

(3)

Pursuant to Article 3(1) of Regulation (EC) No 1331/2008, the Union list of food additives may be updated either on the initiative of the Commission or following an application.

(4)

An application for authorisation of the use of lysozyme (E 1105) as a preservative in beer was submitted and has been made available to the Member States.

(5)

Most breweries use sterile filtration or pasteurisation of their beers to prevent bacterial spoilage during storage of the beer before consumption. For some specialty beers, like the top-fermenting beers with re-fermentation, for instance cask-conditioned beer and bottle-conditioned beer, such treatments are not possible because the present viable micro-organisms are part of the production process of those beers. Lysozyme (E 1105) has been proven to be a suitable antibacterial agent for brewing purposes and it is effective in inhibiting lactic acid bacteria added to finished beers.

(6)

Lysozyme (E 1105) belongs to the group of additives for which no acceptable daily intake has been specified (3). This implies that it does not represent a hazard to health at the levels necessary to achieve the desired technological effect. It is therefore appropriate to allow the use of lysozyme (E 1105) for the preservation of beers that will not receive either pasteurisation or sterile filtration.

(7)

According to Commission Directive 2008/84/EC of 27 August 2008 laying down specific purity criteria on food additives other than colours and sweeteners (4), lysozyme (E 1105) is obtained from hen’s eggs whites. Eggs and products thereof are listed in Annex IIIa to Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (5). The presence of this enzyme in beers needs to be indicated on the labelling in accordance with the requirements of the said Directive.

(8)

Pursuant to Article 3(2) of Regulation (EC) No 1331/2008, the Commission is to seek the opinion of the European Food Safety Authority in order to update the Union list of food additives set out in Annex II to Regulation (EC) No 1333/2008, except where the update in question is not liable to have an effect on human health. Since the authorisation of use of lysozyme (E 1105) as a preservative in beer constitutes an update of that list which is not liable to have an effect on human health, it is not necessary to seek the opinion of the European Food Safety Authority.

(9)

Pursuant to the transitional provisions of Commission Regulation (EU) No 1129/2011 of 11 November 2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives (6), Annex II establishing the Union list of food additives approved for use in foods and conditions of use applies from 1 June 2013. In order to allow the use of lysozyme (E 1105) in beers before that date, it is necessary to specify an earlier date of application with regard to that food additive.

(10)

Therefore, Annex II to Regulation (EC) No 1333/2008 should be amended accordingly.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them,

5.6.2012   

EN

Official Journal of the European Union

L 144/22

(1)

Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use.

(2)

That list may be amended in accordance with the procedure referred to in Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings (2).

(3)

Pursuant to Article 3(1) of Regulation (EC) No 1331/2008, the Union list of food additives may be updated either on the initiative of the Commission or following an application.

(4)

An application for authorisation of the use of glycerol esters of wood rosins (E 445) as an emulsifier for printing on hard-coated confectionery products was submitted and has been made available to the Member States.

(5)

Currently available food colour preparations used for printing on hard-coated confectionery products do not allow sufficient quality for the printing of texts, logos and pictures. Research and development have identified that the use of glycerol esters of wood rosins (E 445) as an emulsifier in aqueous based food colour preparations improves the mixing and integrity of the ingredients which results in a more homogenous preparation delivering good fixing and coverage properties. This facilitates printing of high quality text and high resolution pictures to personalised and/or promotional hard-coated confectionery products intended for celebratory occasions.

(6)

The Report from the Commission on Dietary Food Additive Intake in the European Union (3) concluded that glycerol esters of wood rosins (E 445) needed no further examination, since the theoretical intake based on conservative assumptions on food consumption and additive usage (Tier 1) did not exceed the acceptable daily intake. The acceptable daily intake value was established on 19 June 1992 by the Scientific Committee for Food (4). The additional intake based on the new use for printing on hard-coated confectionery products does not significantly contribute to the overall intake. It is therefore appropriate to allow the use of glycerol esters of wood rosins (E 445) as an emulsifier for printing on hard-coated confectionery products.

(7)

Pursuant to Article 3(2) of Regulation (EC) No 1331/2008, the Commission is to seek the opinion of the European Food Safety Authority in order to update the Union list of food additives set out in Annex II to Regulation (EC) No 1333/2008, except where the update in question is not liable to have an effect on human health. Since the authorisation of use of glycerol esters of wood rosins (E 445) as an emulsifier for printing on hard-coated confectionery products constitutes an update of that list which is not liable to have an effect on human health, it is not necessary to seek the opinion of the European Food Safety Authority.

(8)

Pursuant to the transitional provisions of Commission Regulation (EU) No 1129/2011 of 11 November 2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives (5), Annex II establishing the Union list of food additives approved for use in foods and conditions of use applies from 1 June 2013. In order to allow the use of glycerol esters of wood rosins (E 445) for printing on hard-coated confectionery products before that date, it is necessary to specify an earlier date of application with regard to this use of that food additive.

(9)

Therefore, Annex II to Regulation (EC) No 1333/2008 should be amended accordingly.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them,

5.6.2012   

EN

Official Journal of the European Union

L 144/25

(1)

For spinetoram (XDE-175) MRLs are set in Part A of Annex III to Regulation (EC) No 396/2005.

(2)

In accordance with Article 53 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (2), France notified on 11 May 2012 to the Commission the temporary authorisation of plant protection products containing the active substance spinetoram (XDE-175), due to an unexpected outbreak of Drosophila suzukii, a danger that was unforeseeable and could not be contained by any other reasonable means. Consequently, France has also notified to the other Member States, the Commission and the Authority in accordance with Article 18(4) of Regulation (EC) No 396/2005 that it has authorised the placing on the market in its territory of cherries, raspberries and blueberries containing pesticide residues higher than the MRLs. Currently, those MRLs are established at the limit of determination in Annex III to Regulation (EC) No 396/2005.

(3)

France submitted to the Commission an appropriate consumer risk assesment and proposed temporary MRLs on that basis.

(4)

The European Food Safety Authority, hereinafter "the Authority", assessed the data provided and issued a statement (3) on the safety of the proposed temporary MRLs.

(5)

The Authority concluded that the emergency use of spinetoram (XDE-175) on cherries, raspberries and blueberries is not likely to result in a consumer exposure exceeding the toxicological reference value and therefore is not expected to pose a public health concern.

(6)

France did not report details of supervised field trials, nor complete a quality assessment of such trials. The Authority had to base its statement on the assumption that the supervised field trials are valid and confirm the proposed temporary MRLs. In order to verify the correctness of the assumption, France should update the evaluation report as soon as possible.

(7)

Based on the statement of the Authority and taking into account the factors relevant to the matter under consideration, the appropriate modifications to the MRLs fulfil the requirements of Article 18(4) of Regulation (EC) No 396/2005.

(8)

Regulation (EC) No 396/2005 should therefore be amended accordingly.

(9)

Given that the emergency uses of plant protection products concerning spinetoram are already authorized by France and the resulting urgent need to ensure a high level of consumer protection, it is appropriate to provide for the MRLs by applying the procedure referred to in Article 45(5) of Regulation (EC) No 396/2005.

(10)

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

5.6.2012   

EN

Official Journal of the European Union

L 144/39

(1)

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

(2)

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

5.6.2012   

EN

Official Journal of the European Union

L 144/41

(1)

On 26 February 2010 the company Wacker Chemie GmbH made a request to the competent authorities of Ireland to place γ-Cyclodextrin on the market as novel food ingredient. Gamma-Cyclodextrin is a digestible carbohydrate to be added to foods.

(2)

On 9 July 2010 the competent food assessment body of Ireland issued its initial assessment report. In this report it came to the conclusion that the company Wacker Chemie GmbH had provided sufficient information to authorise the placing on the market of γ-Cyclodextrin as a novel food ingredient.

(3)

The Commission forwarded the initial assessment report to all Member States on 19 July 2010.

(4)

Within the 60-day period laid down in Article 6(4) of Regulation (EC) No 258/97 reasoned objections were raised in accordance with that provision. In particular, objections which concerned the absorption of fat soluble vitamins were raised. In accordance with the provisions of Article 7(1) a Commission Implementing Decision is required that takes into account the objections raised. Additional explanations by the applicant alleviated these concerns to the satisfaction of Member States and the Commission.

(5)

The intentional addition of γ-Cyclodextrin to food for technological purposes falls within the scope of Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (2) and should be authorised in accordance with that regulation.

(6)

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

5.6.2012   

EN

Official Journal of the European Union

L 144/43

(1)

On 15 June 2011 the European Commission (‘Commission’) received a complaint concerning the alleged injurious dumping concerning imports of tartaric acid originating in the People’s Republic of China limited to one Chinese exporting producer, Hangzhou Bioking Biochemical Engineering Co. Ltd (‘the company concerned’).

(2)

The complaint was lodged by the following producers (the complainants): Distillerie Bonollo SpA, Industria Chimica Valenzana SpA, Distillerie Mazzari SpA, Caviro Distillerie SRL and Comercial Quimica Sarasa SL representing a major proportion, in this case more than 50 % of the total Union production of tartaric acid.

(3)

The complaint contained prima facie evidence of the existence of dumping and of material injury resulting from the dumped imports, which was considered sufficient to justify the initiation of an anti-dumping proceeding.

(4)

The Commission, after consultation of the Advisory Committee, in a notice published in the Official Journal of the European Union  (2), initiated an anti-dumping proceeding concerning imports of tartaric acid originating in the People’s Republic of China limited to one Chinese exporting producer, Hangzhou Bioking Biochemical Engineering Co. Ltd (‘the company concerned’).

(5)

The Commission sent questionnaires to the Union industry, to the exporting producer in the People’s Republic of China, to the importers, and to the authorities of the People’s Republic of China. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.

(6)

All interested parties who so requested and showed that there were particular reasons why they should be heard were granted a hearing.

(7)

By letter of 14 February 2012 to the Commission, the complainants formally withdrew their complaint.

(8)

In accordance with Article 9(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Union interest.

(9)

The Commission considered that the present proceeding should be terminated since the investigation had not brought to light any reasons or considerations showing that such termination would not be in the Union interest.

(10)

Interested parties were informed accordingly and were given the opportunity to comment. No comments were received indicating that such a termination would not be in the Union interest.

(11)

The Commission therefore concludes that the anti-dumping proceeding concerning imports into the Union of tartaric acid originating in the People’s Republic of China should be terminated without the imposition of measures,

5.6.2012   

EN

Official Journal of the European Union

L 144/44

1.

The trade partnership programmes of the EU and the US are mutually recognised to be compatible and members of each programme are treated in a manner consistent with Section III.

2.

The customs authorities defined in Article 1(b) of the CMAA (hereinafter referred to as ‘customs authorities’) are responsible for the implementation of this Decision.

3.

The trade partnership programmes concerned are:

4.

This Decision, as it relates to compatibility, reflects the current structure and territorial application of the C-TPAT program and the AEO programme. This Decision does not take into consideration future modifications of each programme and expansion of their respective territorial application. The customs authorities understand that any such programme modifications or expansion of territorial application may necessitate the successful completion of additional joint validations to the satisfaction of both customs authorities.

(a)

application process for granting membership to operators;

(b)

assessment of applications; and

(c)

granting of membership and monitoring of membership status.

1.

Each customs authority treats operators holding a membership status under the other customs authority’s programme in a manner comparable to the way it treats members in its own trade partnership programme, to the extent practicable and possible and consistent with applicable law and policy. This treatment includes, in particular, taking favourably into account in its risk assessment, for the purpose of the conduct of inspections or controls, the respective membership status of an operator authorised by the other customs authority in order to facilitate EU-US trade and encourage the adoption of effective security-related measures.

2.

Each customs authority may suspend treatment consistent with paragraph 1 to members of the other customs authority’s programme under this Decision. Such suspension of treatment by one customs authority is to be promptly communicated to the other customs authority providing any additional information regarding the basis for suspension as appropriate.

3.

Each customs authority promptly informs the other customs authority in case it identifies any irregularity committed by a member authorised by the other customs authority to allow it to take an informed decision on the possible revocation or suspension of the membership of the operator concerned.

1.

The customs authorities enhance communication in order to implement this Decision effectively. They exchange information and foster communication on their trade partnership programmes in particular by:

2.

Exchanges of information are to be conducted in electronic format and in accordance with the CMAA, in particular Article 17 thereof.

3.

Data to be exchanged regarding members of the trade partnership programmes, where such exchanges are otherwise authorised, include:

4.

The exchange of data is expected to commence when the customs authorities implement mutual recognition of membership status as described in paragraph 1 of Section III of this Decision.

1.

Consistent with the CMAA, in particular Article 17, the data obtained by the receiving customs authority under this Decision are to be used and processed for the purposes of implementing this Decision.

2.

The customs authorities strive to ensure that the information exchanged is accurate and regularly updated, and that appropriate deletion procedures are in place. In the event a customs authority determines that information provided under this Decision should be amended, the customs authority providing this information is to promptly advise the receiving customs authority of such amendments. Once notified of such amendments, the receiving customs authority is to promptly record such amendment. Information may not be processed and kept longer than necessary for the purpose for which it is transferred.

3.

In the event information with personal data is exchanged pursuant to Section IV paragraph 3 (a) to (g), the customs authorities also take appropriate measures to ensure data protection, security, confidentiality and integrity. The customs authorities ensure in particular that:

4.

With respect to any personal data which may be exchanged pursuant to Section IV paragraph 3 (a) to (g), a programme member may request access to and/or amendment of such data relating to him or her that are processed by a customs authority. Each customs authority is to advise its programme members to make requests for access and/or amendment in the first instance via their own trade partnership programme. Where appropriate, and in accordance with its domestic legislation, the customs authority is to correct any such inaccurate or incomplete data. Each customs authority also informs programme members of the options for seeking administrative and/or judicial redress.

5.

At the request of the supplying customs authority, the receiving customs authority is to update, correct, block, or delete information received under this Decision that is inaccurate or incomplete or if its collection or further processing contravenes this Decision or the CMAA. Each customs authority is to notify the other if it becomes aware that material information it has transmitted to the other customs authority or received from the other customs authority under this Decision is inaccurate or unreliable or is subject to significant doubt. Where a customs authority determines that information it has received from the other customs authority under this Decision is inaccurate, it is to take all measures it deems appropriate to safeguard against erroneous reliance on such information, including supplementation, deletion, or correction of such information.

6.

Compliance with provisions in this Section by each customs authority is subject to the independent oversight and review by their respective relevant authority (for the US side, the Department of Homeland Security’s Chief Privacy Officer; for the EU, the European Data Protection Supervisor and the EU Member States data protection authorities). These authorities have effective powers of oversight, investigation, intervention and review, and have power to refer violations of law for prosecution or disciplinary action, where appropriate. They ensure that complaints relating to non-compliance are received, investigated, responded to, and appropriately redressed.

(a)

joint validations to identify strengths and weaknesses in implementing this Decision;

(b)

exchanges of views on data to be shared and treatment of operators, consistent with this Decision; and

(c)

exchanges of views on security provisions such as procedures to be followed during and after a serious security incident or when conditions merit suspension of mutual recognition.

1.

This Decision aims to implement provisions of the CMAA and of the Agreement between the European Community and the United States of America on intensifying and broadening the CMAA to include cooperation on container security and related matters of 28 April 2004.

2.

This Decision is to be implemented consistent with the respective applicable laws, regulations, and international agreements to which the EU or the US is a party.

3.

This Decision does not create or confer any rights, privileges, or benefits upon any third party, person, or entity, private or public.

4.

Each customs authority is to be responsible for its own costs resulting from the implementation of this Decision.

1.

The cooperation under this Decision commences upon signature by the JCCC Chairpersons.

2.

Implementation of mutual recognition between the US and EU takes place consistent with Section III(1). Either customs authority may suspend or discontinue cooperation under this Decision at any time, but should provide at least thirty (30) days’ written notice thereof. Such notice is provided to or by US Customs and Border Protection and the European Commission Directorate-General for Taxation and Customs Union, respectively.