(1)

Commission Regulation (EC) No 1067/2008 (3) opens an overall annual tariff quota of 2 989 240 tonnes of common wheat of a quality other than high quality. That quota is divided into three subquotas.

(2)

Article 3(3) of Regulation (EC) No 1067/2008 divides subquota III (order number 09.4125) into four quarterly subperiods and has fixed the quantity at 594 597 tonnes for subperiod 1, for the period from 1 January to 31 March 2009.

(3)

Based on the notification made under Article 4(3) of Regulation (EC) No 1067/2008, the applications lodged between 1 January 2009 and 2 January 2009 at 13:00 (Brussels time) in accordance with the second subparagraph of Article 4(1) of that Regulation relate to quantities in excess of those available. The extent to which import licences may be issued should therefore be determined and the allocation coefficient to be applied to the quantities applied for should be laid down.

(4)

Import licences should no longer be issued under subquota III as referred to in Regulation (EC) No 1067/2008 for the current quota subperiod,

(1)

Commission Regulation (EC) No 969/2006 (3) opened an annual import tariff quota of 242 074 tonnes of maize (order number 09.4131).

(2)

Article 2(1) of Regulation (EC) No 969/2006 fixes a quantity of 121 037 tonnes for subperiod 1 from 1 January to 30 June 2009.

(3)

Based on the notification made under Article 4(3) of Regulation (EC) No 969/2006, the applications lodged from 1 January 2009 to 13:00 (Brussels time) on 2 January 2009 in accordance with Article 4(1) of that Regulation relate to quantities in excess of those available. The extent to which import licences may be issued should therefore be determined and the allocation coefficient laid down to be applied to the quantities applied for.

(4)

Import licences should no longer be issued under Regulation (EC) No 969/2006 for the current quota subperiod,

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2008/2009 marketing year are fixed by Commission Regulation (EC) No 945/2008 (3). These prices and duties have been last amended by Commission Regulation (EC) No 1288/2008 (4).

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

(1)

The import duties in the cereals sector applicable from 1 January 2009 were fixed by Commission Regulation (EC) No 1347/2008 (3).

(2)

As the average of the import duties calculated differs by more than EUR 5/tonne from that fixed, a corresponding adjustment must be made to the import duties fixed by Regulation (EC) No 1347/2008.

(3)

Regulation (EC) No 1347/2008 should therefore be amended accordingly,

(1)

Applications for import licences were submitted to the competent authorities in the period from 29 December 2008 to 2 January 2009 in accordance with Commission Regulation (EC) No 950/2006 and/or Council Regulation (EC) No 508/2007 of 7 May 2007 opening tariff quotas for imports into Bulgaria and Romania of raw cane sugar for supply to refineries in the marketing years 2006/07, 2007/08 and 2008/09 (3), for a total quantity equal to or exceeding the quantity available for order number 09.4346 (2008-2009).

(2)

In these circumstances, the Commission should establish an allocation coefficient for licences to be issued in proportion to the quantity available and/or inform the Member States that the limit established has been reached,

(1)

The Commission adopted several protection measures in relation to avian influenza, following the outbreak of that disease in south-east Asia that started in December 2003 and that was caused by a highly pathogenic H5N1 virus.

(2)

Those measures are laid down, in particular, in Commission Decision 2005/692/EC of 6 October 2005 concerning certain protection measures in relation to avian influenza in several third countries (5), Commission Decision 2005/731/EC of 17 October 2005 laying down additional requirements for the surveillance of avian influenza in wild birds (6), Commission Decision 2005/734/EC of 19 October 2005 laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by Influenza virus A subtype H5N1 from birds living in the wild to poultry and other captive birds and providing for an early detection system in areas at particular risk (7) and Commission Decision 2007/25/EC of 22 December 2006 as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community (8).

(3)

Those Decisions apply until 31 December 2008.

(4)

Outbreaks of highly pathogenic avian influenza of subtype H5N1 continue to occur in poultry and wild birds in third countries. Furthermore, human cases and even deaths resulting from close contact with infected birds continue to occur in countries around the globe. Therefore, there remains the risk that the disease will spread from third countries to the Member States.

(5)

Therefore, apart from limiting the direct risk caused by imports of poultry, poultry products and pet birds, it is appropriate to keep in place the biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by Influenza virus A subtype H5N1 from birds living in the wild to poultry and other captive birds and to keep in place the early detection systems in areas at particular risk.

(6)

The period of application of those Decisions should therefore be extended until 31 December 2009.

(7)

In addition, Commission Regulation (EC) No 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof (9) repeals Commission Decision 2000/666/EC (10) and replaces the requirements relating to the quarantine of certain birds imported into the Community as laid down in that Decision.

(8)

The current references in Decision 2007/25/EC to the requirements laid down in Decision 2000/666/EC should therefore be replaced with references to the requirements laid down in Regulation (EC) No 318/2007.

(9)

Decisions 2005/692/EC, 2005/731/EC, 2005/734/EC and 2007/25/EC should therefore be amended accordingly.

(10)

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

1.

in Article 1(1), point (b)(ii) is replaced by the following:

(*1)   OJ L 84, 24.3.2007, p. 7.’;"

2.

in Article 6, the date ‘31 December 2008’ is replaced by ‘31 December 2009’;

3.

Annex II is replaced by the text in the Annex to this Decision.

(1)

Member States have notified to the Commission their annual fisheries control programme for 2008 together with the applications for a Community financial contribution towards the expenditure to be incurred in carrying out the projects contained in such programme.

(2)

Applications concerning measures in the area of control and enforcement listed in Article 8(a) of Regulation (EC) No 861/2006 may qualify for Community funding.

(3)

Applications for Community funding are to comply with the rules set out in Commission Regulation (EC) No 391/2007 of 11 April 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 861/2006 as regards the expenditure incurred by Member States in implementing the monitoring and control systems applicable to the common fisheries policy (2).

(4)

It is appropriate to fix the maximum amounts and the rate of the Community financial contribution within the limits set by Article 15 of Regulation (EC) No 861/2006 and to lay down the conditions under which such contribution may be granted.

(5)

It is appropriate to fix a deadline for the claims of reimbursement by Member States to the Commission in order to facilitate the closure of outstanding commitments.

(6)

The deadline for the payments in respect of which a reimbursement is claimed has to take into account the rules defined in the Regulation (EC) No 391/2007 as well as the average duration of the projects financed.

(7)

Commission Decision 2008/860/EC (3) on a Community financial contribution towards Member States’ fisheries control, inspection and surveillance programmes for 2008 was adopted on the 29 of October 2008. That Decision however did not include projects over EUR 1 000 000 relating to expenditure incurred by Greece, Spain and Italy for the purchase and modernisation of patrol vessels and aircraft used for inspection and surveillance of fishing activities. It is therefore necessary to fix the maximum amounts and the rate of the Community financial contribution and to lay down the conditions under which such contribution may be granted in relation to such projects.

(8)

From the applications submitted by Spain, two projects were finally postponed by that Member State.

(9)

Two applications from Italy should be considered ineligible according to public procurement rules.

(10)

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