25.9.2008

Official Journal of the European Union

C 244/4

REPORT FROM THE COMMISSION

Safety of third-country aircraft using Community airports (Report on the application of Directive 2004/36/EC of the European Parliament and of the Council)

(Text with EEA relevance)

(2008/C 244/03)

1. INTRODUCTION

Ever since its inception under the auspices of the European Civil Aviation Conference (ECAC) in association with the Joint Aviation Authorities (JAA) back in 1996, the SAFA (safety assessment of foreign aircraft) Programme has increasingly proven to be a vanguard in enhancing European, and indeed international, aviation safety. This, albeit the obvious limitations inherent in the Programme such as human and technical resources as well as the restricted nature of the very ‘ramp inspection’ itself — the cornerstone of the Programme.

The European Community (EC) has from the outset fully endorsed and supported the SAFA Programme, participating actively through membership in the SAFA Steering Committee and also through the provision of funding made available to the JAA by the European Commission.

Within the framework of the Community's overall strategy to establish and maintain a high uniform level of civil aviation safety in Europe, on 21 April 2004 the Community adopted Directive 2004/36/EC of the European Parliament and of the Council on the safety of third-country aircraft using Community airports (1) — the so-called ‘SAFA Directive’.

Whilst the Community obligations of the Member States deriving from this Directive could be to a large extent discharged through their participation in the ECAC SAFA Programme — the management of which had been delegated to the JAA — the Programme was not based upon a European legal binding basis but upon a commitment of the Directors General of the participating ECAC Member States. The scope of the inspections relating to ‘foreign’ aircraft implied those aircraft which are not used or operated under the control of the competent authority of the State where the inspection takes place.

Compared to the ‘voluntary’ nature of their participation in the ECAC SAFA Programme so far, Directive 2004/36/EC introduced a clear legal obligation upon European Union (EU) Member States to inspect third-country aircraft landing at their airports and to participate to the collection and exchange of information on the ramp inspections carried out. In this case, ‘third-country aircraft’ implied an aircraft which is not used or operated under control of a competent authority of an EU Member State; although the Directive does in no way prohibit EU Member States from inspecting aircraft from other EU Member States.

Article 13 of the SAFA Directive requires the Commission to report to the European Parliament and to the Council by 30 April 2008 on its application of this Directive. It specifies further that the Commission's report should be accompanied, if necessary, by proposals for revision of the Directive. The essential aim of this report is to indicate how well the objective of the Directive have been achieved and how far the application of the Directive has contributed towards enhancing aviation safety in Europe.

In order to place this discussion in context, this report also describes and assesses changes in the management and development of the SAFA Programme since 2004 and aims to discern to what extent the Directive's regulatory framework has contributed to those changes. This quantitative and qualitative work called for a comprehensive inventory of measures, already taken or planned in the Commission's legislative Programme.

2. IMPLEMENTATION

Legal aspects

Directive 2004/36/EC gave EU Member States a window of two years for the enactment of national measures aimed at transposing its provisions. Whilst the deadline stipulated in Article 11 of the Directive was 30 April 2006 for the then EU-15, transitional periods were established for the implementation of the Directive by the ten new Member States which joined the Union on 1 May 2004.

As shown in table 1 below, although a significant number of Member States did not enact appropriate transposition measures on time, there were no major problems for Member States in implementing the provisions of the Directive — with two minor exceptions. This was largely due to the fact that the main obligations contained in the Directive were already, to a large extent, discharged through the participation in the ECAC SAFA Programme.

Table 1

Transposition by Member States

Member State	Transposition deadline	Deadline type	Opening of infraction Procedures for non-communication	Current status
Austria	30.4.2006	Ordinary deadline	X	Case closed on 27.6.2007
Belgium	30.4.2006	Ordinary deadline
Bulgaria	1.1.2007	Ordinary deadline
Cyprus	30.4.2006	Transitional period
Czech Republic	30.4.2006	Transitional period	X	Case closed on 12.10.2006
Denmark	30.4.2006	Ordinary deadline	X	Case closed on 12.10.2006
Eire	30.4.2006	Ordinary deadline	X	Case closed on 11.12.2007
Estonia	30.4.2006	Transitional period
Finland	30.4.2006	Ordinary deadline
France	30.4.2006	Ordinary deadline	X	Case closed on 21.3.2007
Germany	30.4.2006	Ordinary deadline	X	Case closed on 12.10.2006
Greece	30.4.2006	Ordinary deadline	X	Case closed on 17.10.2007
Hungary	30.4.2006	Transitional period	X	Case closed on 27.6.2007
Italy	30.4.2006	Ordinary deadline	X	Case closed on 31.1.2008
Latvia	30.4.2006	Transitional period	X	Case closed on 12.10.2006
Lithuania	30.4.2006	Transitional period
Luxembourg	30.4.2006	Ordinary deadline	X	Lack of transposition declared by judgement of the European Court of Justice of 1.4.2008
Malta	30.4.2006	Transitional period	X	Case closed on 27.6.2007
Netherlands	30.4.2006	Ordinary deadline	X	Case closed on 12.12.2006
Poland (2)	30.4.2006	Transitional period	X	Case still under review (referred to the European Court of Justice on 28.11.2007)
Portugal	30.4.2006	Ordinary deadline
Romania	1.1.2007	Ordinary deadline
Slovakia	30.4.2006	Transitional period
Slovenia	30.4.2006	Transitional period	X	Case closed on 12.12.2006
Spain	30.4.2006	Ordinary deadline
Sweden	30.4.2006	Ordinary deadline	X	Case closed on 12.12.2006
United Kingdom	30.4.2006	Ordinary deadline	X	Case closed on 12.10.2006

Operational aspects

In nearly all Member States, the number of operating flights is far greater than the inspection capacities. This means that only spot checks are possible with regard to SAFA ramp inspections. Hitherto therefore, these have been organised either on a random basis, or based upon relevant information whereby it might be decided to focus the inspection (see 5.2 below) according to certain criteria — e.g. regular analysis of the database by the European Aviation Safety Agency (EASA) or recommendations issued by the European Commission or national policies and priorities.

3. EFFECTS OF THE DIRECTIVE

First and foremost, Directive 2004/36/EC established the inspection of third-country aircraft using Community airports as a legal obligation on Member States.

Secondly, the Directive introduced a harmonised approach to the effective enforcement of international safety standards within the Community by harmonising the rules and procedures for ramp inspections of third-country aircraft landing at Community airports. Within this context, it also laid the groundwork for the facilitation of harmonised training of inspectors and personnel participating in the Programme, the development of procedures and proposals for improving the Programme and its tools, and the reporting on the information gathered.

Aditionally, the Directive has:

—	definitely contributed to the significant increase of SAFA ramp inspections conducted by the Member States over the past years (see table 2 below),

—	promoted and facilitated the exchange of aviation-safety related information between the Member States themselves together with the Commission and EASA as well as foreign civil aviation authorities and international organisations,

—	been recognised as an increasingly effective deterrent tool vis-à-vis potentially unsafe operators flying into the Community.

Moreover, the sound implementation of the Directive has proven to be a key element underpinning the establishment — through Regulation (EC) No 2111/2005 of the European Parliament and of the Council (3) — of a list of air carriers subject to an operating ban within the Community — commonly referred to as the ‘blacklist’.

Indeed, following the entry into force of the abovementioned Regulation, SAFA ramp inspection reports and the record of subsequent follow-up actions by Member States have acquired paramount importance as a primary criterion in investigations leading to the proposal for, and the eventual inclusion of several operators in the Community ‘blacklist’.

Table 2

Number of SAFA Inspections per country per year

EU Member States 2002-2007

		2002	2003	2004	2005	2006	2007	Total reports
1	Belgique/België	104	92	74	73	84	100	527
2	България				7			7
3	Česká republika	32	28	18	39	40	24	181
4	Danmark	51	50	50	60	60	60	331
5	Deutschland	1 065	992	840	793	786	845	5 321
6	Eesti	10	6	11	18	30	31	106
7	Éire/Ireland	45	52	50	41	59	24	271
8	Ελλάδα	28	3	7	44	105	182	369
9	España	50	4	43	368	1 518	1 513	3 496
10	France	1 129	1 277	1 536	1 468	1 888	2 357	9 655
11	Italia			625	879	854	883	3 241
12	Κύπρος/Kıbrıs					2	9	11
13	Latvija		4	2	3	2	21	32
14	Lietuva	3	1	7	21	24	14	70
15	Luxembourg	4		4	15		2	25
16	Magyarország	2	2	9	36	8	3	60
17	Malta		4	9	13	10	9	45
18	Nederland	113	154	182	243	267	277	1 236
19	Österreich					42	243	285
20	Polska	60	25	111	141	115	135	587
21	Portugal		9	35	100	39	22	205
22	România	28	40	35	108	104	133	448
23	Slovenija	5	8	6	8	8	18	53
24	Slovensko	12	7	4		6	12	41
25	Suomi/Finland	24	7	51	56	113	125	376
26	Sverige	54	52	60	62	102	101	431
27	United Kingdom	194	213	224	197	251	233	1 312
	Total	3 013	3 030	3 993	4 793	6 517	7 376	28 722

4. EXERCISE OF COMMUNITY COMPETENCE AND TRANSFER TO EASA

At the 125th meeting of ECAC Directors General, ECAC Member States discussed the future of the SAFA Programme and agreed on the principle of its transfer to Community institutions (i.e. the European Commission and EASA), underlining the need to retain the pan-European dimension of the Programme through the establishment of a mechanism that would allow for the continued participation in the Programme of the non-EU ECAC Member States.

A first concrete step in this direction was made with the enactment (through a comitology procedure as enabled by Article 8 of Directive 2004/36/EC) of Commission Regulation (EC) No 768/2006 (4). This Regulation provided for the transfer to EASA of the tasks related to the SAFA Programme (hitherto conducted by the JAA) primarily including responsibility for the SAFA database — the backbone of the Programme — together with other complementary activities aimed at ensuring common standards for the performance of ramp inspections and related training activities.

This transfer was carried out gradually throughout 2006 and completed fully by the end of that year. The Commission notes with satisfaction the coordination of the smooth transition process between the two entities and which takes an added significance when one considers the practical, technical and logistical obstacles involved in making such a move possible with the least possible disruption to the overall continuity of the SAFA system.

4.1. 1 January 2007 — The European Community (EC) SAFA Programme

As of 1 January 2007 therefore, full responsibility for the management and further development of the European Community (EC) SAFA Programme has been passed onto the European Commission assisted by EASA.

The continued participation of the non-EU ECAC Member States, and thus the pan-European dimension of the Programme, has been assured through the signature of a Working Arrangement between each individual non-EU ECAC Member and EASA on collection and exchange of information on the safety of aircraft using Community airports and airports on the territory of the individual State.

Including the EU-27 therefore, the EC-SAFA Programme can today boast a total of 42 Participating States: Albania, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Republic of Moldova, Monaco, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Turkey, Ukraine and the United Kingdom.

Like its ECAC/JAA predecessor, the essential principle of the EC SAFA Programme is that in each SAFA Participating State, aircraft (‘third-country’ for EU States or ‘foreign’ for non-EU ECAC States) can be subject to a ramp inspection. These inspections are chiefly concerned with the aircraft documents and manuals, flight crew licenses, the apparent condition of the aircraft and the presence and condition of mandatory cabin safety equipment. The references for these inspections are contained in the Standards of the International Civil Aviation Organisation (ICAO) Annexes 1 (Personnel Licensing), 6 (Operations of Aircraft) and 8 (Airworthiness of Aircraft). These checks are carried out in accordance with a procedure which is common to all participating States. Their outcome is then the subject of reports which also follow a common format. In the case of significant irregularities, the operator and the appropriate Aviation Authority (State of Operator or Registry) are contacted in order to arrive at corrective measures to be taken not only with regard to the aircraft inspected but also with regard to other aircraft which could be concerned in the case of an irregularity which is of a generic nature. All data from the reports as well as supplementary information (for example a list of actions undertaken and finalised following an inspection) are centralised in a computerised database set up and managed by EASA in Cologne, Germany.

The main features of the EC SAFA Programme can be summarised as follows:

—	its application by all the 42 SAFA Participating States across Europe,

—	the broad dissemination of inspection results through the centralised database,

—	its bottom-up approach — in that the Programme is essentially centered around ramp inspections of aircraft,

—	its inherent objective of checking for compliance with ICAO Standards which are commonly applicable to all inspected aircraft internationally.

Operational structure

As provided for under Directive 2004/36/EC together with its implementing Regulation (EC) No 768/2006, the operational structure of the Programme comprises two main organs:

—

the Air Safety Committee established by Council Regulation (EEC) No 3922/91: the first operating component upon which the Commission relies to adopt harmonised implementation measures to Directive 2004/36/EC aimed at enhancing the effectiveness of the EC SAFA Programme, in particular the inspection/reporting regime, as provided under Articles 8 and 12 of the said Directive,

—

EASA: the second operating component which as provided under Regulation (EC) No 768/2006 — in addition to undertaking the database-related operational tasks — provides the Commission and the Air Safety Committee with proposals for the further improvement and development of the EC SAFA Programme together with timely analysis (through the appropriate analytical tools) of the reports-input into the database.

Aditionally, the Commission has set up — under the auspices of the Air Safety Committee — a European SAFA Steering Group (ESSG) composed of representatives from all of the 42 Participating States. Apart from bringing together national experts acting in a consultative role upon request from the Commission and/or the (Air Safety) Committee itself, this group serves as an invaluable communications channel between the Community and the non-EU Participating States, further underscoring the Commission's declared commitment towards retaining and indeed enhancing the pan-European dimension of the Programme.

5. STRENGTHENING THE EC SAFA PROGRAMME

Going by the experience garnered following the entry into force of Directive 2004/36/EC, its inextricable link with the ‘blacklist’ Regulation (EC) No 2111/2005 as well as the transfer of the entire SAFA Programme under Community competence — unforeseen at the time of adoption of the Directive — it immediately became apparent to the Commission that the existing provisions of the aforementioned Directive demanded an urgent review in order to ensure the smooth functioning and further development of the Programme.

During 2007 therefore, the Commission put forward two proposals for new legislative instruments dealing respectively with the procedures for conducting ramp inspections and with the prioritization of the inspections performed by the Member States (see points 5.1 and 5.2 below). Following extensive discussion in the Air Safety Committee and scrutiny of the final texts by the European Parliament, these new legislative instruments were both adopted by the Commission on 16 April 2008 (5).

Other possible improvements and future developments of the Programme are explained under points 5.3 and 5.4 below.

5.1. Commission Directive amending Annex II of Directive 2004/36/EC

As originally adopted, Annex II to Directive 2004/36/EC contained only very general criteria illustrating the broad framework for a more comprehensive set of procedures for the conduct and subsequent reporting of ramp inspections by the Member States.

From another related perspective, in light of the increased profile being ascribed to the results of ramp inspections conducted under the SAFA Programme as an important criterion considered by the Commission in taking its decisions on the inclusion of carriers in the Community ‘blacklist’, it has also been felt necessary to amend the said Annex in order to give legal standing (and enforceability) to the core elements underpinning the procedures for the harmonised conduct and reporting of ramp inspections by Member States. In this sense, the amended Annex to the Directive addresses several needs which were identified over the previous months, namely:

the necessity for the incorporation in the Annex of core elements for a manual of EC SAFA ramp inspection procedures which is strictly restricted to include those provisions which it is deemed necessary to make mandatory upon Member States (through their inclusion within Annex II to the Directive); making it also applicable to the non-EU Participating States through their Working Arrangements with EASA. These core elements concern:

—	qualification criteria and training requirements for SAFA inspectors,

—	relevant safety standards which are central to the EC SAFA Programme,

—	inspection procedures,

—	categorisation of findings,

—	follow-up actions to be taken pursuant to the various possible outcomes of a ramp inspection;

2.	the necessity to replace the ‘SAFA checklist’ forming part of the original Annex with the present ‘SAFA procedures’ as most recently updated;

the necessity for a specific provision obliging all Participating States to respect a deadline of not more than 15 working days between the date of a ramp inspection, and the input of that inspection's report into the centralized database in order to improve the accuracy and relevance of the analysis regularly conducted by EASA of the inputted reports;

4.	the necessity to establish a standard ‘Proof of Inspection’, a section of which is handed to relevant personnel of the aircraft being inspected against a signed acknowledgment of receipt;

5.	the necessity of rewording several parts of the original text for the sake of improving the clarity and readability of the Annex.

In the amended Annex, EASA undertakes to supplement these core elements by developing guidance material to be applied by Member States. For this purpose, EASA shall establish a transparent procedure for consulting the Member States drawing on available expertise in the aviation regulatory authorities of Member States and by involving, whenever necessary, appropriate experts from relevant interested parties. To this effect, it may create a working group.

5.2. Commission Regulation implementing Directive 2004/36/EC as regards the prioritisation of ramp inspections on aircraft using Community airports

The Commission has repeatedly reiterated its commitment towards making the best possible use of all the tools at its disposal for the gathering of intelligence on aviation safety in order to maximise the efficiency of the limited resources available under the EC SAFA Programme. To this end, this measure empowers the Commission to formally request ‘qualitative targeting’ through the prioritisation of a number of the ramp inspections conducted by Member States on particular subjects identified according to a set of criteria (established by the Regulation) as being potentially susceptible to safety deficiencies.

The Commission believes that this measure should reasonably harness the random nature of the SAFA ramp inspection Programme by helping to identify better potentially hazardous subjects as well as enabling the collection of further data on such subjects; possibly also leading to the presentation of even better-defined cases for decision under the ‘blacklist’ Regulation (EC) No 2111/2005.

5.3. ‘Quantitative targeting’

Referring back to table 2 above (see page 7), whilst one can note that since 2001 the overall amount of SAFA ramp inspections conducted in the Community has more than doubled, one can equally note the gross disparity in the different amounts of ramp inspections conducted by the individual Member States.

Whilst fully appreciating the equally gross disparity which in many cases exists with regard to the human and material resources available to different Member States, the Commission believes that irrelevant of the resources at their disposal, the output registered by many Member States in terms of annual inspections conducted border on the unacceptable. On a State by State basis this applies to:

—	the actual number of inspections per se,

—	the number of inspections conducted in comparison with the traffic volume to/from each particular Member State.

Within this context, the Commission has repeatedly reiterated that this situation needs to be improved. It continues to examine with EASA and the Member States a way to establish a minimum number of inspections that each Member State would conduct yearly on the basis, of course, of various parameters such as the number of flights, international airports, intensity of checks conducted previously in other Member States, etc.

5.4. EASA extension of competences — Regulation (EC) No 216/2008 of the European Parliament and of the Council

On 20 February 2008, the Council and the European Parliament adopted Regulation (EC) No 216/2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (6) (hereinafter referred to as the ‘EASA Regulation’). Its provisions foresee the replacement of Directive 2004/36/EC (and the related implementing rules) by a set of rules adopted under the EASA Regulation as follows:

Article 10 of this Regulation — which entered into force on 8 April 2008 — provides for the measures which were hitherto covered by Directive 2004/36/EC. Moreover, Article 10(5) stipulates that implementing measures related to this Article may be adopted through comitology (‘… in accordance with the regulatory procedure with scrutiny referred to in Article 65(4) of the Regulation’).

In addition, Article 69 of the Regulation provides that Directive 2004/36/EC shall be repealed as from the entry into force of the implementing measures referred to in Article 10(5) of the Regulation, and without prejudice to the implementing rules referred to in Article 8(2) of Directive 2004/36/EC.

Finally, the principles contained in Article 10 shall apply only as from the dates specified in its respective implementing rules, but in any case by not later than 8 April 2012.

6. THE SAFA ‘AGGREGATE REPORT’ (7)

Article 6(2) of Directive 2004/36/EC provides that the Commission shall publish yearly an aggregated information report available to the public and the industry stakeholders containing an analysis of all information received through the reports of ramp inspections conducted on aircraft using Community airports. Such analysis should be simple and easy to understand, indicating whether there exists an increased safety risk to air passengers. The source of the information contained in such analysis should be dis-identified.

In this respect, a first Aggregated Report was adopted and published by the Commission in February 2008 which analysed the results of the ramp inspections performed in the time frame between 30 April 2006 until 31 December 2006. Over 2008, the same report will be phased-in on a full year basis (and annually thereafter), covering the period between 1 January and 31 December 2007 — the first full year following the transfer of responsibility for the management and development of the SAFA Programme from ECAC and the JAA to Community competence.

The Commission believes that, for the sake of increased transparency and accountability with regard to all the actors involved in the Programme and referred to in such a document as well as vis-à-vis the European Parliament and the public opinion in general, the constraints imposed by Article 6(2) of Directive 2004/36/EC should be softened to allow that the referred annual reports provide more accurate information as regards the safety performance of different actors involved.

7. CONCLUSIONS

Based upon the SAFA inspections performed over the last few years, experience shows that these give a general indication of the safety of foreign operators. However, this indication is limited in the sense that no full picture is obtained about the safety of any particular aircraft or operator. This is due to the fact that certain aspects are difficult to assess during an inspection (e.g. Crew Resource Management, full airworthiness status, etc.) owing to the limited time available to perform an inspection and consequently the limited level of detail possible during such an inspection.

A full assessment of a particular aircraft or operator can only be obtained through the continuous oversight by the responsible Aviation Authority (State of Operator or State of Registry). In this manner, the information gained through the EC SAFA Programme is indeed very useful:

—

primarily as a pre-emptive tool helping to identify potential negative safety trends, whereby a numerous and/or recurring number of findings concerning a particular operator, is a very good indicator of potential structural weaknesses both with regard to the quality control management of that operator as well as the level of safety oversight exercised by the responsible national civil aviation authorities of the State where that operator is certified; similar negative trends may also be identified concerning specific aircraft types,

—	more directly, SAFA inspections may contribute in real-time to the safe operation of the particular aircraft which has just been inspected prompting the inspecting authorities to ensure that corrective actions are taken immediately prior to any further operations being conducted by that aircraft.

Information from all inspections performed is shared, thus contributing to a more complete picture about a certain aircraft, aircraft type, operator or all operators from a particular State. The SAFA centralised database is therefore particularly useful as it contributes to a rapid flow of such information to all the States participating in the EC SAFA Programme.

Additionally, since the coming into force of Regulation (EC) No 2111/2005 (‘EC blacklist’), SAFA inspections have acquired an increased importance as one of the criteria considered by the Commission in taking its decisions on the inclusion of carriers in the Community list. Indeed, this has been the case since the establishment of the first Community list in March 2006 and its subsequent regular updates.

Summing up the conclusions arrived at in this report, one may say that:

—

Directive 2004/36/EC established in the Community a mandatory regime for regular ramp inspections of third-country aircraft using Community airports whilst laying down the foundations for harmonised procedures regarding the conduct, reporting and follow-up of such inspections and exchange of information thereof between the Member States, the Commission and EASA,

—	with some minor exceptions, there have been no major problems for Member States in transposing and implementing the provisions of the Directive,

—	the decision to transfer the management and development of the entire ECAC/JAA SAFA Programme under Community competence brought about an urgent need for supplementary legislation to the Directive which legislation was enacted in a timely manner enabling the smooth transfer of the Programme,

—

the core elements underpinning the Community's ramp inspection regime have been made legally binding through the amendment of Annex II to the Directive, thereby ramifying their harmonisation across the Member States as well as the other 15 SAFA Participating States. This measure should improve the overall quality of ramp inspection reports, which is of particular importance within the context of investigations related to the Community ‘blacklist’ of air carriers established under Regulation (EC) No 2111/2005,

—	implementing legislation has been enacted which states the rules and criteria for the prioritisation of their ramp inspections on particular subjects which may be identified according to established criteria as posing a potential threat to aviation safety,

—

whilst the overall amount of SAFA ramp inspections conducted in the Community has more than doubled since 2001, there is a gross disparity in the different amounts of ramp inspections conducted by the individual Member States. Accordingly, the Commission examines the feasibility of establishing a minimum quota of inspections to be conducted by individual Member States,

—

through the adoption of Regulation (EC) No 216/2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, Directive 2004/36/EC should be eventually repealed — at the latest by 8 April 2012 — to be gradually replaced by the provisions in Article 10 of the said Regulation and subsequent implementing rules to be enacted under Article 10(5). In this respect, it is envisaged that the EASA's responsibilities vis-à-vis the management and further development of the Programme shall be considerably increased.

(1) OJ L 143, 30.4.2004, p. 76.

(2) Poland has communicated a set of revised implementing measures on 13 March 2008 which are currently under review by the Commission's legal services.

(3) OJ L 344, 27.12.2005, p. 15.

(4) OJ L 134, 20.5.2006, p. 16.

(5) OJ L 109, 19.4.2008, p. 7 and p. 17.

(6) OJ L 79, 19.3.2008, p. 1.

(7) OJ C 42, 15.2.2008, p. 1.

25.9.2008

Official Journal of the European Union

C 244/13

Decisions of the EEA Joint Committee for which the constitutional requirements under Article 103 of the EEA Agreement have been fulfilled

(2008/C 244/05)

Since March 2000, decisions of the EEA Joint Committee indicate in a footnote whether their date of entry into force depends on the fulfilment of constitutional requirements by any of the Contracting Parties. Such requirements were notified as regards the Decisions listed below. The Contracting Parties in question have now notified the other Contracting Parties that they have completed their internal procedures. The dates of entry into force of the Decisions are as indicated.

Decision number	Date of adoption	Publication reference	Legal act(s) integrated	Date of entry into force
082/2004	8.6.2004	25.11.2004 OJ L 349, p. 39 Suppl. No 59, p. 15	Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE)	1.2.2006
014/2005	8.2.2005	23.6.2005 OJ L 161, p. 33 Suppl. No 32, p. 19	Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security	1.4.2007
023/2005	8.2.2005	23.6.2005 OJ L 161, p. 52 Suppl. No 32, p. 30	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	19.5.2005
031/2005	11.3.2005	28.7.2005 OJ L 198, p. 20 Suppl. No 38, p. 13	Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments	1.9.2006
064/2005	29.4.2005	15.9.2005 OJ L 239, p. 48 Suppl. No 46, p. 30	Commission Regulation (EC) No 809/2004 of 29 April 2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards information contained in prospectuses as well as the format, incorporation by reference and publication of such prospectuses and dissemination of advertisements	1.1.2007
065/2005	29.4.2005	15.9.2005 OJ L 239, p. 50 Suppl. No 46, p. 31	Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC, Directive 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC	1.8.2007
070/2005	29.4.2005	15.9.2005 OJ L 239, p. 61 Suppl. No 46, p. 37	Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids	1.8.2007
102/2005	8.7.2005	24.11.2005 OJ L 306, p. 34 Suppl. No 60, p. 21	Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market	1.9.2006
105/2005	8.7.2005	24.11.2005 OJ L 306, p. 41 Suppl. No 60, p. 26	Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information	1.9.2006
120/2005	30.9.2005	22.12.2005 OJ L 339, p. 26 Suppl. No 66, p. 15	Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC	1.6.2007
146/2005	2.12.2005	23.2.2006 OJ L 53, p. 43 Suppl. No 10, p. 17	Commission Decision 2003/796/EC of 11 November 2003 on establishing the European Regulators Group for Electricity and Gas. Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross border exchanges in electricity. Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC. Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC	1.6.2007
152/2005	2.12.2005	23.2.2006 OJ L 53, p. 53 Suppl. No 10, p. 24	Directive 2004/36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports	1.3.2007
003/2006	27.1.2006	30.3.2006 OJ L 92, p. 22 Suppl. No 17, p. 4	Directive 2004/108/EC of the European Parliament and of the Council of 15 December 2004 on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/EEC	1.3.2007
010/2006	27.1.2006	30.3.2006 OJ L 92, p. 32 Suppl. No 17, p. 11	Directive 2004/54/EC of the European Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels in the Trans-European Road Network	1.12.2006
017/2006	27.1.2006	30.3.2006 OJ L 92, p. 46 Suppl. No 17, p. 22	Decision No 854/2005/EC of the European Parliament and of the Council of 11 May 2005 establishing a multiannual Community Programme on promoting safer use of the Internet and new online technologies	16.5.2006
034/2006	10.3.2006	1.6.2006 OJ L 147, p. 51 Suppl. No 28, p. 20	Commission Regulation (EC) No 884/2005 of 10 June 2005 laying down procedures for conducting Commission inspections in the field of maritime security	1.4.2007
041/2006	10.3.2006	1.6.2006 OJ L 147, p. 64 Suppl. No 28, p. 28	Decision 2004/387/EC of the European Parliament and of the Council of 21 April 2004 on the interoperable delivery of pan-European eGovernment services to public administrations, businesses and citizens (IDABC)	8.6.2006
051/2006	28.4.2006	29.6.2006 OJ L 175, p. 101 Suppl. No 34, p. 13	Regulation (EC) No 1158/2005 of the European Parliament and of the Council of 6 July 2005 amending Council Regulation (EC) No 1165/98 concerning short-term statistics. Regulation (EC) No 1161/2005 of the European Parliament and of the Council of 6 July 2005 on the compilation of quarterly non-financial accounts by institutional sector	1.1.2007
059/2006	2.6.2006	7.9.2006 OJ L 245, p. 5 Suppl. No 44, p. 5	Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC	1.6.2007
064/2006	2.6.2006	7.9.2006 OJ L 245, p. 13 Suppl. No 44, p. 11	Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC	1.6.2007
065/2006	2.6.2006	7.9.2006 OJ L 245, p. 16 Suppl. No 44, p. 13	Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing Port security	1.4.2007
067/2006	2.6.2006	7.9.2006 OJ L 245, p. 18 Suppl. No 44, p. 15	Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky. Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of Air Navigation Services in the Single European Sky. Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the Single European Sky. Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic management network	1.2.2007
068/2006	2.6.2006	7.9.2006 OJ L 245, p. 22 Suppl. No 44, p. 18	Commission Directive 2005/51/EC of 7 September 2005 amending Annex XX to Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC of the European Parliament and the Council on public procurement. Commission Regulation (EC) No 1564/2005 of 7 September 2005 establishing standard forms for the publication of notices in the framework of public procurement procedures pursuant to Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council. Commission Decision 2005/15/EC of 7 January 2005 on the detailed rules for the application of the procedure provided for in Article 30 of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors. Commission Regulation (EC) No 1874/2004 of 28 October 2004 amending Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council in respect of their application thresholds for the procedures for the award of contracts. Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors. Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts	18.4.2007
081/2006	7.7.2006	19.10.2006 OJ L 289, p. 12 Suppl. No 52, p. 11	Commission Directive 2005/61/EC of 30 September 2005 implementing Directive 2002/98/EC of the European Parliament and of the Council as regards traceability requirements and notification of serious adverse reactions and events. Commission Directive 2005/62/EC of 30 September 2005 implementing Directive 2002/98/EC of the European Parliament and of the Council as regards Community standards and specifications relating to a quality system for blood establishments	1.2.2007
086/2006	7.7.2006	19.10.2006 OJ L 289, p. 21 Suppl. No 52, p. 17	Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles	1.3.2008
087/2006	7.7.2006	19.10.2006 OJ L 289, p. 23 Suppl. No 52, p. 19	Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing	1.4.2007
088/2006	7.7.2006	19.10.2006 OJ L 289, p. 26 Suppl. No 52, p. 21	Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision	12.4.2007
092/2006	7.7.2006	19.10.2006 OJ L 289, p. 33 Suppl. No 52, p. 26	Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws	1.6.2007
124/2006	22.9.2006	30.11.2006 OJ L 333, p. 53 Suppl. No 60, p. 40	Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety requirements regarding the exposure of workers to the risk arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)	1.6.2007
127/2006	22.9.2006	30.11.2006 OJ L 333, p. 59 Suppl. No 60, p. 43	Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies	1.6.2007
136/2006	27.10.2006	21.12.2006 OJ L 366, p. 79 Suppl. No 64, p. 8	Commission Regulation (EC) No 676/2006 of 2 May 2006 amending Regulation (EC) No 1980/2003 implementing Regulation (EC) No 1177/2003 of the European Parliament and of the Council concerning Community statistics on income and living conditions (EU-SILC) as regards definitions and updated definitions. Commission Regulation (EC) No 698/2006 of 5 May 2006 implementing Council Regulation (EC) No 530/1999 as regards quality evaluation of structural statistics on labour costs and earnings. Council Regulation (EC) No 701/2006 of 25 April 2006 laying down detailed rules for the implementation of Regulation (EC) No 2494/95 as regards the temporal coverage of price collection in the harmonised index of consumer prices	1.6.2007
150/2006	8.12.2006	29.3.2007 OJ L 89, p. 21 Suppl. No 15, p. 17	Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products	1.10.2007
151/2006	8.12.2006	29.3.2007 OJ L 89, p. 22 Suppl. No 15, p. 18	Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC	1.10.2007
153/2006	8.12.2006	29.3.2007 OJ L 89, p. 25 Suppl. No 15, p. 20	Council Regulation (EC) No 1419/2006 of 25 September 2006 repealing Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport, and amending Regulation (EC) No 1/2003 as regards the extension of its scope to include cabotage and international tramp services	1.8.2007
154/2006	8.12.2006	29.3.2007 OJ L 89, p. 27 Suppl. No 15, p. 22	Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EEC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85. Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC	1.5.2008
021/2007	27.4.2007	9.8.2007 OJ L 209, p. 38 Suppl. No 38, p. 26	Commission Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operatinng conditions for investment firms and defined terms for the purposes of that Directive. Commission Regulation (EC) No 1287/2006 of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards record-keeping obligations for investment firms, transaction reporting, market transparency, admission of financial instruments to trading, and defined terms for the purposes of that Directive	1.6.2008
023/2007	27.4.2007	9.8.2007 OJ L 209, p. 42 Suppl. No 38, p. 28	Commission Regulation (EC) No 851/2006 of 9 June 2006 specifying the items to be included under the various headings in the forms of accounts shown in Annex I to Council Regulation (EEC) No 1108/70	1.7.2007
050/2007	8.6.2007	11.10.2007 OJ L 266, p. 8 Suppl. No 48, p. 6	Commission Decision 2006/891/EC of 4 December 2006 on the use by third country issuers of securities of information prepared under internationally accepted accounting standards	1.3.2008
143/2007	26.10.2007	10.4.2008 OJ L 100, p. 84 Suppl. No 19, p. 85	Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile networks within the Community and amending Directive 2002/21/EC	22.12.2007
146/2007	26.10.2007	10.4.2008 OJ L 100, p. 92 Suppl. No 19, p. 90	Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading and amending Council Directive 96/61/EC. Commission Decision 2006/780/EC of 13 November 2006 on avoiding double counting of greenhouse gas emission reductions under the Community emissions trading scheme for project activities under the Kyoto Protocol pursuant to Directive 2003/87/EC of the European Parliament and of the Council. Commission Decision 2004/156/EC of 29 January 2004 establishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council. Commission Regulation (EC) No 2216/2004 of 21 December 2004 for a standarised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council. Directive 2004/101/EC of the European Parliament and of the Council of 27 October 2004 amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community, in respect of the Kyoto Protocol's project mechanisms	29.12.2007

25.9.2008

Official Journal of the European Union

C 244/23

Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

(2008/C 244/09)

This publication confers the right to object to the application pursuant to Article 7 of Council Regulation (EC) No 510/2006 (1). Statements of objection must reach the Commission within six months from the date of this publication.

SUMMARY

COUNCIL REGULATION (EC) No 510/2006

‘ZNOJEMSKÉ PIVO’

EC No: CZ-PGI-005/0376-14.10.2004

PGI ( X ) PDO ( )

This summary sets out the main elements of the product specification for information purposes.

1. Responsible department in the Member State:

Name:

Úřad průmyslového vlastnictví

Address:

Antonína Čermáka 2a

CZ-160 68 Praha 6-Bubeneč

Tel.

(420) 220 38 31 11

Fax

(420) 221 32 47 18

E-mail:

posta@upv.cz

2. Group:

Name:

Starobrno, a. s.

Address:

Hlinky 160/12

CZ-661 47 Brno

Tel.

(420) 543 51 61 11

Fax

(420) 543 21 10 35

E-mail:

starobrno@starobrno.cz

Composition:

Producers/processors ( X ) Other ( )

This application derogates from Article 5(1) of Regulation (EC) No 510/2006 on account of the fact that there is only one producer in the area. The requirements laid down in Article 2 of Commission Regulation (EC) No 1898/2006 are fulfilled since the applicant is the only producer in the defined area and ‘Znojemské pivo’ is produced in the defined area according to the method described below, from raw materials possessing the properties and quality prescribed and using local water sources, which lends ‘Znojemské pivo’ its specific characteristics and sets it apart from beers produced in the surrounding areas. The unique character of the production derives from the town's centuries-old brewing tradition in the defined area. The indication ‘Znojemské pivo’ is traditionally and exclusively linked only with the area in question.

3. Type of product:

Class 2.1 — Beer

4. Specification:

(Summary of requirements under Article 4(2) of Regulation (EC) No 510/2006)

4.1. Name: ‘Znojemské pivo’

4.2. Description: ‘Znojemské pivo’ is produced in a number of basic categories: light draught, dark draught, lagers.

Raw materials used in production:

Malt — a malt produced from spring two-row barley is used. The properties of the malt must comply with the following values:

Extract in dry malt	(% by weight)	Min.	78,0
Kolbach index	(%)		38,0 ±3
Diastatic power	(WK units)	Min.	220
Actual attenuation	(%)	Max.	82
Friability	(%)	Min.	80,0

Water — water from the town's supply system is used.

Hops — hops of the Žatecký poloraný červeňák and Magnum Hallertau varieties are used, in granulated and extract form; the varieties used give ‘Znojemské pivo’ its characteristic hint of bitterness.

Description of individual products:

Light draught

original gravity (% extract): 8-10 %,

alcohol content (% by volume): 3,2-4,0,

bitterness (EBC units): 17-25,

colour (EBC units): 8-12,

CO2 content (mg/l): 4,8-5,5,

draught beer, more highly fermented, with a hint of bitterness, hoppy aroma, good head and harmonious flavour, medium-strong sharpness.

Dark draught

original gravity (% extract): 9-10 %,

alcohol content (% by volume): 3,8-4,0,

bitterness (EBC units): 18-25,

colour (EBC units): 35-90,

CO2 content (mg/l): 4,4-5,5,

garnet-coloured dark beer with a less pronounced bitterness, an agreeable malty caramel flavour and aroma, and a medium sharpness.

Lagers

original gravity (% extract): 11-12 %,

alcohol content (% by volume): 4,5-5,0,

bitterness (EBC units): 23-30,

colour (EBC units): 11-14,

CO2 content (mg/l): 4,4-5,5,

medium fermented beer with a fuller taste, medium to pronounced bitterness and clean aroma with balanced taste properties, medium body with a stronger sharpness and good head.

4.3. Geographical area: Znojmo area

4.4. Proof of origin: The producer has records covering the suppliers of all the raw materials, the purchasers of the finished products and the system of checks performed in the course of production. The checks performed in the course of production and the specification checks are carried out by the Státní zemědělská a potravinářská inspekce (Czech Agriculture and Food Inspection Authority), which is based in Brno. In keeping with the legislation, each product gives details of the producer. Checks on the origin of the Czech hops are carried out regularly by the Výzkumný ústav chmelařský (Hop Research Institute) based in Žatec, which certifies the purity of the hop variety.

4.5. Method of production: Three basic ingredients are used to produce ‘Znojemské pivo’ — good quality malt with the above-mentioned properties made from spring two-row barley, hops of the Žatecký poloraný červeňák and Magnum Hallertau varieties and drinking water drawn from the town's supply system without further treatment. Production of the beer begins in the brewhouse, where the malt is milled and mixed with water. The next stage is the classic two-mash decoction process, which is used to achieve the optimum temperature for the extraction of substances from the malt. The most important technical step lies in the boiling of the beer, when the wort (malt extract mixed with water) is boiled with the hops to produce the final product, namely hopped wort. The hot wort is separated from the spent grain and cooled, after which it can be fermented. In Znojmo primary fermentation takes place in a typical fermentation room, where the cooled wort is aerated, pitched with yeast and fermented in open vats for about seven days. During this period the yeast converts the malt sugars to alcohol, producing carbon dioxide as a by-product. The yeasts used are of the variety Saccharomyces cerevisiae uvarum, a bottom-fermenting yeast. When primary fermentation is complete, the vat is chilled, the yeast sinks to the bottom (hence the description ‘bottom-fermenting’) and the green beer is transferred to the lagering cellar to mature. Maturation of the beer takes between 30 and 90 days, depending on the variety, and it is important that temperature levels remain around 2 °C during this period. The purpose of maturing the beer is to optimise its organoleptic properties, allow it to reach its CO2 saturation point and clarify it. Before being transferred to barrels or bottles, the green beer must be filtered to remove the yeast. It is then stabilised and pasteurised in order to increase its colloidal and microbiological shelf life. The beer matures in lagering cellars which are linked to the historic area of tunnels below the town of Znojmo. The beer is transferred to bottles or kegs for transport on the racking lines and dispatched to customers.

4.6. Link: The earliest documentary evidence of brewing in Znojmo dates from 1278. The ‘Losunková kniha’ (1363), which has survived from the era of Charles IV, identifies a number of houses and townspeople having the right to brew beer, including the brewer Hostan (whose name has become the symbol of ‘Znojemské pivo’ and of the Znojmo brewery). In 1629 there were two independent breweries in the town. In 1924 the two town breweries merged and Znojmo became the centre of beer production in the lower Podyjí region. Following privatisation in 1993, the town's brewing tradition was carried on by HOSTAN, s.r.o. In 2002 this company merged with STAROBRNO, a.s., who, as the successor company, has continued to brew the traditional Znojmo beer, production of which dates back to the 13th century.

‘Znojemské pivo’ is produced in the defined area by the method described above, from raw materials possessing the prescribed properties and quality and using local water sources, which lends ‘Znojemské pivo’ its specific characteristics. The unique character of the production derives from the town's centuries-old brewing tradition in the defined area.

In the Czech Republic's most prestigious competition, which takes place at the PIVEX trade fair, ‘Znojemské pivo’ has won prizes in three of the four categories (in 1997 and 1998). In the Cena českých sládků (Czech Brewers' Prize) competition, 12 % Premium — světlý ležák, a variety of ‘Znojemské pivo’, was classed as third-best beer of the year in 1997.

In 1999, at the PIVEX trade fair, ‘Znojemské pivo’ won first prize for 12 % Hostan Premium and second prize for 10 % Hostan Granát; at the Cena českých sládků competition ‘Znojemské pivo’ won first prize for 11 % Hradní — světlý ležák. In 2000 ‘Znojemské pivo’ won first prize in the Naše pivko (Our Jar) competition organised by the editorial staff of the periodical ‘Pivní kurýr’ (Beer Courier). The most successful year to date for ‘Znojemské pivo’ was 2001, when it retained first prize in the Naše pivko competition and Hostan — Naše pivko, a variety of ‘Znojemské pivo’, was declared best draught beer in the České pivo competition, the most prestigious of this type in the Czech Republic; Hostan — Hradní, another variety of ‘Znojemské pivo’, was placed third in the lager category. A further success was scored in the same year when ‘Znojemské pivo’ won second prize in the Cena českých sládků competition for Hostan Hradní. In 2003 and 2004 Hostan — Naše pivko was awarded a quality certificate in the Zlatý pohár PIVEXU (PIVEX Gold Cup) competition.

Irrespective of the trademark under which ‘Znojemské pivo’ is sold, consumers are in no doubt that it is a ‘Znojemské pivo’ produced exclusively in the defined area.

The designation of origin ‘Znojemské pivo’ was registered under No 186 in the Czech Republic in 2002.

4.7. Inspection body:

Name:

Státní zemědělská a potravinářská inspekce, Inspektorát v Brně

Address:

Běhounská 10

CZ-601 26 Brno

Tel.

(420) 542 42 67 02

Fax

(420) 542 42 67 17

E-mail:

epodatelna@szpi.gov.cz

4.8. Labelling: —

(1) OJ L 93, 31.3.2006, p. 12.

25.9.2008

Official Journal of the European Union

C 244/27

Publication of an application pursuant to Article 8(2) of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed

(2008/C 244/10)

This publication confers the right to object to the application pursuant to Article 9 of Council Regulation (EC) No 509/2006 (1). Statements of objection must reach the Commission within six months of the date of this publication.

APPLICATION FOR REGISTRATION OF A TSG

COUNCIL REGULATION (EC) No 509/2006

‘OLEJ RYDZOWY’

EC No: PL-STG-007-0049-28.12.2006

1. Name and address of the applicant group

Name:

„SemCo” S.G.N.i P. Krystyna Just,

Instytut Włókien Naturalnych — Tłocznia Oleju,

Krzysztof Gałkowski — Zakład Wytłaczania Oleju i Wyrób Kitu,

Zakład Doświadczalno-Dydaktyczny Uprawy Roli i Roślin w Gorzyniu

Address:

Śmiłowo 16

PL-64-500 Szamotuły

Tel.

(48-61) 292 04 02; (48-60) 313 75 17

E-mail:

info@semco.pl

2. Member State or third country

Poland

3. Product specification

3.1. Name to be registered: ‘Olej rydzowy’

3.2. Whether the name:

	is specific in itself
	expresses the specific character of the agricultural product or foodstuff

‘Olej rydzowy’ (gold-of-pleasure oil, also know as camelina oil) is produced from the plant Camelina sativa, i.e. gold-of-pleasure or false flax: The Polish name is ‘lnianka siewna’, it is also popularly called ‘rydz’, ‘rydzyk’, ‘ryżyk’, or, more seldom, ‘lennica’.

Some regions of Poland only use the popular name of this plant, i.e. ‘rydz’ which is due to its exceptionally rusty-coloured seeds. The colour is similar to that of the mushroom Lactarius deliciosus (Saffron milk cap), called ‘rydz’ in Polish and found all over the country. It is precisely because of the rusty colour of the gold-of-pleasure seeds that we call the oil made from them ‘olej rydzowy’.

3.3. Whether reservation of the name is sought under Article 13(2) of Regulation (EC) No 509/2006:

	Registration with reservation of the name
	Registration without reservation of the name

3.4. Type of product: Class 1.5: Oils and fats (butter, margarine, oil, etc.)

3.5. Description of the agricultural product or foodstuff to which the name under point 3.1 applies: ‘Olej rydzowy’ has the appearance of a clear, transparent, oily liquid with a small quantity of sediment at the bottom and a rusty colour. Depending on whether the spring or winter variety of the plant is used (Camelina sativa, Camelina silvestris) the colour of the oil varies from golden to reddish-brown. The colour is also influenced by the temperature at which the seeds are heated. ‘Olej rydzowy’ has a characteristic taste of onions and mustard and a strong and rich aroma.

‘Olej rydzowy’ has the following physico-chemical properties:

acid value — not more than 6 mg KOH/g,

peroxide value, mval active oxygen per kg — not more than 6,

iodine value: 140-160,

freezing temperature: between – 15 °C and – 18 °C

‘Olej rydzowy’ can be stored for a long time, unlike oils of similar composition and proportion of saturated and unsaturated fatty acids. This is due to the high content of natural antioxidants of the tocopherol group (vitamin E), approximately 550-1 100 mg/kg of oil.

The content of saturated acids is low, 10-11 %, while unsaturated acids constitute approx. 90 %, of which monounsaturated 36 % and polyunsaturated between 50 % and 60 %.

3.6. Description of the production method of the agricultural product or foodstuff to which the name under point 3.1 applies:

Step 1

Obtaining the seeds:

The seeds are obtained from the cultivation of spring or winter gold-of-pleasure. Depending on the species, the plant is sown in autumn or in spring.

The plants are harvested once only, when the seeds have matured.

Step 2

Drying and cleaning the seeds:

The seeds are dried within 6 hours after harvesting. They must be dried until the humidity reaches a level of 7-12 %.

This step is followed by cleaning the seeds to above 98 %.

Step 3

Preparing the pressing:

The first preparatory step is flaking (crushing) the seeds with a smooth roller.

Step 4

Conditioning the seeds:

The flaked seeds are heated to 38 °C in a kettle with either a water jacket or heated tin sheets.

Step 5

Pressing:

In order to obtain oil of the desired physico-chemical properties, the pressing must take place only in presses which do not increase the temperature of the crushed seeds above the limit of 38 °C.

Step 6

Cleaning the oil:

The oil is cleaned by sedimentation, i.e. a process consisting in allowing the heavier fusel oils to fall to the bottom of the container at a room temperature during 7-10 days, after which time the top layer of the oil is suitable for consumption.

The oil is not refined in any way.

Step 7

Storing the oil:

The oil is stored in dry places which are not exposed to sunlight at a maximum temperature of 20 °C and a minimum of 4 °C. Correct storage has an influence on the quality of the oil.

Forbidden practice:

In order to maintain the specific character of gold-of-pleasure oil, the following is not allowed during production:

—	heating the seeds to a temperature exceeding 38 °C,

—	using oil presses that significantly increase the temperature of the pulp above the fixed temperature of 38 °C,

—	increasing the pressure during oil pressing above 300 A.

3.7. Specific character of the agricultural product or foodstuff: The specific character of gold-of-pleasure oil is due to its basic features, namely:

exceptional taste and smell,

colour,

physico-chemical composition,

possibility of long storage.

Taste and smell:

The oil differs from other products of this type by its specific taste with a distinct hint of onion and mustard, as well as a pleasant, moderately strong pure aroma.

Colour:

Gold-of-pleasure oil has a rusty colour.

Physico-chemical composition:

Gold-of-pleasure oil is very specific mainly due to its nutritional value and its rich chemical composition. It contains a number of components sought after in dietetics, especially polyunsaturated fatty acids (PUFA).

The content of these acids in gold-of-pleasure oil is between 50 % and 60 %, with Omega 3 acids between 35 % and 40 % and Omega 6 between 15 % and 20 %. These features make gold-of-pleasure oil one of the richest plant sources of Omega 3 acids known to man.

Possibility of long storage:

In spite of its high acid content, gold-of-pleasure oil is durable and fit for consumption for six months after the production date, if the recommendations for storage are respected. The long shelf life is possible because of the antioxidants of the tocopherol group (vitamin E), approximately 550-1 100 mg/kg of oil) which the oil contains. This is yet another feature that confirms the particular character of this product.

3.8. Traditional character of the agricultural product or foodstuff:

Traditional raw material:

The basic material for the production of gold-of-pleasure oil is the plant gold-of-pleasure (or false flax), belonging to the crucifers (Cruciferae) family of the genus Camelina, which includes a number of species. Two species of gold-of-pleasure are used for the production of oil: the spring species (Camelina sativa) and the winter one (Camelina silvestris). Gold-of-pleasure is 30-100 cm tall and has an inflorescence in the shape of an elongated yellow-white bunch. The fruit of gold-of-pleasure is a pear-shaped silique (3-7 mm), which soon becomes woody and hard and contains about 10 rust-coloured or rusty-yellow seeds, about 0,6 to 2,6 mm long. The plant can be grown on lighter and sandy soils.

The plant originates in the Middle East. According to research into the history of the cultivation of the plant and the pressing of oil from it, its seeds were found on Polish territory at excavations in Strzegom Śląski dating from the Bronze Age, i.e. 3 000 years ago (this information is confirmed in an article from 1966 by Professor F. Dembiński entitled ‘Rośliny oleiste’ — ‘Oil plants’). In his works on the gold-of-pleasure plant, the botanist Professor Marian Nowiński has highlighted the discovery of its seeds at archaeological sites that reveal the activities of Proto-Slavic peoples of the Lusatian Culture, as well as in the area of Biskupin, a settlement from the eighth century B.C. and the most famous archaeological reserve in Central Europe.

The large number of Polish popular names for this plant, namely: rydz, rydzyk, ryżyk, lennica, is further testimony to the fact that gold-of-pleasure seeds have been used for many centuries (cf. Szczegółowa uprawa roślin — ‘Plant cultivation in detail’; a collective work from 1956 edited by Professor Anatol Listkowski).

According to the popular saying ‘lepszy rydz niż nic’ (Translator's remark: Polish equivalent of ‘a bird in the hand is worth two in the bush’) which is often repeated until this day, it is better to have at least this ubiquitous ‘rydz’, i.e. gold-of-pleasure, than to be left empty-handed. This saying, too, confirms the enormous popularity of this plant in the community.

The popularity of this plant is also due to its modest requirements as to the soil, and its short vegetation period of 70 to 100 days.

According to Professor Tadeusz Zając, until the nineteenth century the cultivation of gold-of-flax dominated on worse soils, where it was a very popular oil plant, and its seeds were used for ‘gold-of-flax oil’ (article in the review Magazyn Farmerski, July 2006).

The prevalence of gold-of-pleasure allows us to assume that oil pressing was known since time immemorial to Slavic tribes living on current Polish territory. For centuries, ‘gold-of-pleasure oil’ was consumed by the community although its chemical composition was not known.

Traditional method:

The tradition of pressing oil from gold-of-pleasure seeds goes back a very long time. Archaeological discoveries have shown that the inhabitants of the site of Biskupin were familiar with the process of pressing oil from gold-of-pleasure seeds. Besides gold-of-pleasure seeds, archaeologists at the site have also found the remains of appliances for pressing oil.

Other archaeological discoveries confirm that oil from gold-of-pleasure seeds was also pressed after the end of Lusatian Culture, as Slavic tribes were settling in Polish territory.

In his book Olejarnia dworska z XVII wieku (‘Manor oil mills in the seventeenth century’), H. Samsonowicz describes in detail manor and peasant oil mills from that time and the machines used for pressing oil at the time, such as wedge presses, as well as the method used to drive in the wedges. The book also mentions the fact that oil from gold-of-pleasure seeds was popular among the Polish landed nobility. Yet another confirmation of this information is the exhibition at the Agricultural Museum in Szreniawa of machines and appliances used for oil pressing at Polish manors.

H. Olszański writes in his book Tradycyjne olejarstwo w Polsce (‘Traditional oil-milling in Poland’) that, as technological thinking progressed in the nineteenth century, traditional appliances for oil milling such as querns, mortars or wedge presses were replaced by heating systems with stirrers, appliances with several rollers for flaking the seeds and lever presses, and later hydraulic presses driven by thread-mills, then by steam engines, motor engines and more recently by electric engines. Machines of this type are used until now, while the basic way of obtaining oil, i.e. not increasing the temperature of the crushed seeds beyond 38 °C, has not been changed.

This feature confirms the traditional character of gold-of-pleasure oil, not only because of the unchanged production process, but also since it testifies of how excellent this process is.

3.9. Minimum requirements and procedures for checking the specific character: With regard to the specific character of gold-of-pleasure oil, the following should be particularly checked:

the quality of the raw material used for production, i.e.:

—	checking how clean the seeds are, and

—	checking the process of crushing, heating and pressing the seeds,

the quality of the finished product, i.e.:

—	the characteristic taste of onion and mustard,

—	the pleasant, pure aroma,

—	the clarity of the liquid, coloured golden to brownish, with a small amount of sediment at the bottom.

Checks will be carried out at least once every year.

4. Authorities or bodies verifying compliance with the product specification

4.1. Name and address:

Name:

Główny Inspektorat Jakości Handlowej Artykułów Rolno-Spożywczych

Address:

ul. Wspólna 30

PL-00-930 Warszawa

Tel.

(48-22) 623 29 01

Fax

(48-22) 623 20 99

E-mail:

—

Public

Private

4.2. Specific tasks of the authority or body: The above inspection authority is responsible for verifying the entire specification.

(1) OJ L 93, 31.3.2006, p. 1.

		ISSN 1725-2423
Official Journal of the European Union		C 244

English edition	Information and Notices	Volume 51 25 September 2008

Notice No	Contents	page
	II Information
	INTERINSTITUTIONAL AGREEMENTS
	European Ombudsman European Investment Bank
2008/C 244/01	Memorandum of Understanding between the European Ombudsman and the European Investment Bank concerning information on the Bank's policies, standards and procedures and the handling of complaints, including complaints from non-citizens and non-residents of the European Union	1

	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES
	Commission
2008/C 244/02	Euro exchange rates	3

2008/C 244/03	Report from the Commission — Safety of third-country aircraft using Community airports (Report on the application of Directive 2004/36/EC of the European Parliament and of the Council) ( 1 )	4

	European Defence Agency
2008/C 244/04	Publication of the final accounts for the financial year 2007	12

	NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA
	The EEA Joint Committee
2008/C 244/05	Decisions of the EEA Joint Committee for which the constitutional requirements under Article 103 of the EEA Agreement have been fulfilled	13

	Corrigenda
2008/C 244/11	Corrigendum to Commission notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees (OJ C 155, 20.6.2008)	32

	Currency	Exchange rate
USD	US dollar	1,469
JPY	Japanese yen	155,57
DKK	Danish krone	7,4599
GBP	Pound sterling	0,79235
SEK	Swedish krona	9,6435
CHF	Swiss franc	1,5951
ISK	Iceland króna	139,91
NOK	Norwegian krone	8,259
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	24,329
EEK	Estonian kroon	15,6466
HUF	Hungarian forint	241,34
LTL	Lithuanian litas	3,4528
LVL	Latvian lats	0,7083
PLN	Polish zloty	3,3266
RON	Romanian leu	3,6755
SKK	Slovak koruna	30,3
TRY	Turkish lira	1,8266
AUD	Australian dollar	1,7558
CAD	Canadian dollar	1,5205
HKD	Hong Kong dollar	11,4051
NZD	New Zealand dollar	2,1489
SGD	Singapore dollar	2,088
KRW	South Korean won	1 694,49
ZAR	South African rand	12,0385
CNY	Chinese yuan renminbi	10,024
HRK	Croatian kuna	7,111
IDR	Indonesian rupiah	13 713,12
MYR	Malaysian ringgit	5,0277
PHP	Philippine peso	68,01
RUB	Russian rouble	36,714
THB	Thai baht	49,953
BRL	Brazilian real	2,7024
MXN	Mexican peso	15,8108

	V Announcements
	PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY
	Commission
2008/C 244/06	Communication from the French Government concerning Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (Notice regarding applications for exclusive licences to prospect for liquid and gaseous hydrocarbons, designated the Languedoc Licence and the Plaines du Languedoc Licence) ( 1 )	19

2008/C 244/07	Prior notification of a concentration (Case COMP/M.5321 — LAHC/Barclays Life) — Candidate case for simplified procedure ( 1 )	21

2008/C 244/08	Prior notification of a concentration (Case COMP/M.5285 — Fortis/Delta Lloyd ABN AMRO Verzekeringen Holding BV) — Candidate case for simplified procedure ( 1 )	22

	OTHER ACTS
	Commission
2008/C 244/09	Publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs	23

2008/C 244/10	Publication of an application pursuant to Article 8(2) of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed	27

Vertex	Longitude	Latitude
A	1,30° E	48,40° N
B	0,90° E	48,40° N
C	0,90° E	48,30° N
D	0,60° E	48,30° N
E	0,60° E	48,20° N
F	0,40° E	48,20° N
G	0,40° E	47,90° N

‘Credit quality	Standard & Poor's	Fitch	Moody's	Annual safe harbour premium
Highest quality	AAA	AAA	Aaa	0,4 %
Very strong payment capacity	AA +	AA +	Aa 1	0,4 %
	AA	AA	Aa 2
	AA –	AA –	Aa 3
Strong payment capacity	A +	A +	A 1	0,55 %
	A	A	A 2
	A –	A –	A 3
Adequate payment capacity	BBB +	BBB +	Baa 1	0,8 %
	BBB	BBB	Baa 2
	BBB –	BBB –	Baa 3
Payment capacity is vulnerable to adverse conditions	BB +	BB +	Ba 1
	BB	BB	Ba 2	2 %
	BB –	BB –	Ba 3
Payment capacity is likely to be impaired by adverse conditions	B +	B +	B 1	3,8 %
	B	B	B 2
	B –	B –	B 3	6,3 %
Payment capacity is dependent upon sustained favourable conditions	CCC +	CCC +	Caa 1	No safe-harbour annual premium can be provided
	CCC	CCC	Caa 2
	CCC –	CCC –	Caa 3
	CC	CC
		C
In or near default	SD	DDD	Ca	No safe-harbour annual premium can be provided’
	D	DD	C
		D