3.12.2005   

EN

Official Journal of the European Union

L 317/1

(1)

In accordance with Article 13 of Annex XII to the Staff Regulations, on 1 September 2005 Eurostat submitted a report on the 2005 actuarial assessment of the pension scheme updating the parameters referred to in that Annex. According to this assessment, the rate of contribution required to maintain actuarial balance of the pension scheme is 10,3 % of the basic salary.

(2)

However, under Article 2(2) of Annex XII to the Staff Regulations, the adjustment taking effect on 1 July 2005 must not lead to a contribution higher than 10,25 %.

(3)

In the interests of actuarial balance of the pension scheme of officials and other servants of the European Communities, the rate of contribution should therefore be adjusted to the maximum permitted, i.e. 10,25 % of the basic salary,

3.12.2005   

EN

Official Journal of the European Union

L 317/2

(1)

Regulation (EC) No 3223/94 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 the Annex thereto.

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

3.12.2005   

EN

Official Journal of the European Union

L 317/4

(1)

Regulation (EC) No 999/2001 sets out a list of designated national reference laboratories for Transmissible Spongiform Encephalopathies (TSEs).

(2)

Certain Member States have notified to the Commission changes in the name or address of their national reference laboratories, therefore the list of those laboratories should be updated.

(3)

Regulation (EC) No 999/2001 designates certain bovine tissues as specified risk materials and lays down the rules for its removal.

(4)

Regulation (EC) No 999/2001 provides that export of specified risk material is prohibited but can be authorised only with view to their final destruction. Transitional measures set out in Annex XI to that Regulation provide that carcases, half-carcases or quarters containing no specified risk material other than vertebral column, may be dispatched to another Member State, where the vertebral column is to be removed in accordance with Community legislation. Such removal is not certain in case of exports to third countries. For food safety reasons, such an exception should not be allowed for exports of specified risk material to third countries.

(5)

In its opinion of 9 December 1997 the Scientific Steering Committee (SSC) suggested a list of specified risk materials (SRM) in bovine animals to be excluded from human and animal consumption on the basis of relative tissue infectivity, species and age. This opinion was revised and updated by SSC opinions on Bovine Spongiform Encephalopathy (BSE) risk on February 1998, on the human exposure risk via food with respect to BSE in December 1999, on the oral exposure of humans to the BSE agent in April 2000 and on TSE infectivity distribution in ruminant tissues in January 2002.

(6)

The SSC considered extremely unlikely that the central nervous system was detectably infected below the age of 30 months even in cattle exposed to infection as calves. However, the exceptional detection of young animals with clinical signs of BSE supported a cautious approach and, therefore, the SSC recommended the removal of various SRM from cattle 12 months of age or older. That recommendation led to the management decision to set the age limit for the removal of certain SRM in bovine animals at 12 months.

(7)

Different factors indicate a favourable trend in the BSE epidemic and a clear improvement of the situation in recent years due to the risk-reducing measures in place, in particular the total feed ban and the removal and destruction of SRM. Furthermore inspection reports indicate that implementation of BSE requirements in the Member States has improved. Taking into account the favourable evolution of the BSE epidemic and new data available from BSE pathogenesis studies, the European Commission submitted a new mandate to the European Food Safety Authority in October 2004 for an assessment of the age limit for the removal of SRM in bovines.

(8)

The average age of BSE positive cases reported in the EU increased from 86 to 108 months between 2001 and 2004. Only four BSE cases under the age of 35 months of a total of 6 520 BSE cases on a total of close to 41 million animals tested since 2001 have been reported.

(9)

In its opinion of 28 April 2005 the EFSA concluded that on the basis of the current scientific knowledge likely detectable infectivity appears at about three quarters of the incubation period.

(10)

Therefore a scientific basis exists to review the age limit for the removal of certain SRM in bovine animals, in particular as regards the vertebral column. In view of the development of the infectivity in the central nervous system during the incubation period, the age structure of positive BSE cases and the decrease in exposure of cattle born after 1 January 2001 the age limit for removing vertebral column, including dorsal root ganglia of bovine animals as specified risk material can be increased to 24 months. This age limit can be reviewed in the light of the evaluation of the BSE epidemic.

(11)

Regulation (EC) No 999/2001 should therefore be amended accordingly.

(12)

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

3.12.2005   

EN

Official Journal of the European Union

L 317/9

(1)

Article 8(1) of Commission Regulation (EC) No 245/2001 (2), which laid down detailed rules for the application of Regulation (EC) No 1673/2000, stipulates that the apportioning of 5 000 tonnes of short flax fibre and hemp fibre as national guaranteed quantities, as provided for in Article 3(2)(b) of Regulation (EC) No 1673/2000, must be effected before 16 November of the marketing year in progress.

(2)

To that end, Denmark and Italy have sent the Commission information relating to areas covered by sale/purchase contracts, processing commitments and processing contracts, and estimated flax and hemp straw and fibre yields.

(3)

Conversely, no flax or hemp fibre will be produced for the 2005/2006 marketing year in Greece, Ireland or Luxembourg.

(4)

On the basis of estimates of production resulting from the information provided, total production in the five Member States concerned will not reach the overall quantity of 5 000 tonnes allocated to them, and the national guaranteed quantities as set out below should be set.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Natural Fibres,

—

Denmark

60 tonnes,

—

Greece

0 tonnes,

—

Ireland

0 tonnes,

—

Italy

112 tonnes,

—

Luxembourg

0 tonnes.

3.12.2005   

EN

Official Journal of the European Union

L 317/10

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2005/2006 marketing year are fixed by Commission Regulation (EC) No 1011/2005 (3). These prices and duties were last amended by Commission Regulation (EC) No 1951/2005 (4).

(2)

The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 1423/95,

3.12.2005   

EN

Official Journal of the European Union

L 317/12

(1)

The export refunds on white sugar and raw sugar exported in the natural state were fixed by Commission Regulation (EC) No 1918/2005 (2).

(2)

Since the data currently available to the Commission are different to the data at the time Regulation (EC) No 1918/2005 was adopted, those refunds should be adjusted,

3.12.2005   

EN

Official Journal of the European Union

L 317/14

(1)

The refunds on syrups and certain other sugar products were fixed by Commission Regulation (EC) No 1919/2005 (2).

(2)

Since the information at present available to the Commission is different to that available to it at the time Regulation (EC) No 1919/2005 was adopted, these refunds should be amended,

3.12.2005   

EN

Official Journal of the European Union

L 317/16

(1)

Under Article 10(3) of Joint Action 2005/643/CFSP, the Council authorised the Political and Security Committee (PSC) to establish a Committee of Contributors for the European Union Monitoring Mission in Aceh (Indonesia) (Aceh Monitoring Mission — AMM).

(2)

On 10 December 2002, the Council approved ‘Consultations and Modalities for the Contribution of non-EU States to EU civilian crisis management operations’, which developed the arrangements for the participation of third States in civilian crisis management operations, including the setting-up of a Committee of Contributors.

(3)

The Committee of Contributors is to play a key role in the day-to-day management of the mission; it is to be the main forum for discussing all problems relating to the day-to-day management of the mission; the PSC, which exercises the political control and strategic direction of the mission, it is to take account of the Committee’s views,

3.12.2005   

EN

Official Journal of the European Union

L 317/18

(1)

On 22 January 2002 the Council adopted Decision 2002/60/EC (1) appointing the members and alternate members of the Committee of the Regions for the period 26 January 2002 to 25 January 2006.

(2)

A seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr G. Ph. HUFFNAGEL,

3.12.2005   

EN

Official Journal of the European Union

L 317/19

(1)

Avian influenza is an infectious viral disease in poultry and other birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal and public health and to reduce sharply the profitability of poultry farming. There is a risk that the disease agent might be introduced via international trade in live birds other than poultry, including birds accompanying their owners (pet birds).

(2)

Commission Decision 2000/666/EC of 16 October 2000 laying down the animal health requirements and the veterinary certification for the import of birds, other than poultry and the conditions for quarantine (5) provides that Member States shall only authorise the import of birds from the third countries listed as members of the World Organisation for Animal Health (OIE).

(3)

Highly pathogenic avian influenza was detected in imported birds in quarantine in a Member State, and the Commission adopted Decision 2005/759/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries and the movement from third countries of birds accompanying their owners (6), and Decision 2005/760/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries for the import of captive birds (7).

(4)

New cases of avian influenza have been reported in certain member countries of the OIE. The suspension of movement of pet birds and of imports of other birds from certain areas at risk should therefore be extended.

(5)

Regulation (EC) No 998/2003 provides for different veterinary control regimes depending on the number and the country of origin of the animals. It is appropriate to use the list of third countries in Section 2 of Part B of Annex II to that Regulation in combination with the list of countries provided for in Article 1(4) of Commission Regulation (EC) No 745/2004 of 16 April 2004 laying down measures with regard to imports of products of animal origin for personal consumption (8) in order to provide for derogations in this Decision.

(6)

Pursuant to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (9), the placing on the market of a range of animal by-products, such as gelatine for technical use, materials for pharmaceutical use and others, originating in areas of the Community under animal health restrictions is authorised, as such products are considered safe due to the specific conditions of production, processing and utilisation that effectively inactivate possible pathogens or prevent contact to susceptible animals. In accordance with point 7 of Part B of Section II in Chapter III of Annex VIII to that Regulation, the placing on the market of guano is not subject to any animal health conditions.

(7)

In accordance with Article 21 of Regulation (EC) No 1774/2002, safeguard measures in relation to products covered by Annexes VII and VIII to that Regulation are adopted in accordance with Article 10 of Directive 90/425/EEC.

(8)

Decisions 2005/759/EC and 2005/760/EC should therefore be amended accordingly.

(9)

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.

Article 1 is replaced by the following:

‘Article 1

Movement from third countries

1.   Member States shall authorise the movement from third countries of live pet birds solely where the consignment consists of not more than five birds and:

2.   Compliance with the conditions in paragraph 1 shall be certified by an official veterinarian, in the case of the conditions provided for in paragraph 1(b)(ii) based on owners’ declaration, in the third country of dispatch in accordance with the model certificate provided for in Annex II.

3.   The veterinary certificate shall be complemented by

2.

Article 3 is replaced by the following:

‘Article 3

This Decision shall not apply to the movement onto Community territory of live pet birds accompanying their owners from Andorra, the Faeroe Islands, Greenland, Iceland, Liechtenstein, Monaco, Norway, San Marino, Switzerland and the Vatican City State.’

3.

In Article 5, the date ‘30 November 2005’ is replaced by ‘31 January 2006’.

4.

Annex I is amended in accordance with the Annex to this Decision.

1.

Article 2 is replaced by the following:

‘Article 2

1.   By way of derogation from Article 1(1)(a), Member States shall authorise imports of birds from bodies, institutes and centres and destined for bodies, institutes and centres approved by the competent authority of the Member State of destination in compliance with Directive 92/65/EEC.

2.   By way of derogation from Article 1(1)(b), Member States shall authorise imports of:

2.

In Article 6, the date ‘30 November 2005’ is replaced by ‘31 January 2006’.

3.12.2005   

EN

Official Journal of the European Union

L 317/23

(1)

Outbreaks of classical swine fever occurred in Spain in late 2001 and in 2002. The emergence of this disease represented a serious risk to the Community’s livestock population.

(2)

In order to prevent the spread of the disease and to help eradicate it as quickly as possible, the Community must contribute financially to the eligible expenditure incurred by the Member State in the context of the emergency measures taken to combat the disease, as provided for in Decision 90/424/EEC.

(3)

Pursuant to Commission Decision 2003/494/EC of 3 July 2003 on a financial contribution from the Community towards the eradication of classical swine fever in Spain at the end of 2001 and in 2002 (2), a financial contribution from the Community was awarded to Spain for the expenditure incurred as part of the emergency measures to combat classical swine fever implemented in late 2001 and in 2002.

(4)

In accordance with this Decision, a first instalment of EUR 6 000 000 was awarded.

(5)

Pursuant to the same Decision, the balance of the Community contribution is based on the request submitted by Spain on 1 August 2003, documents detailing the figures quoted in the request, and the results of the in situ inspections carried out by the Commission.

(6)

In view of the above considerations, the total amount of the Community’s financial contribution to the expenditure incurred for the eradication of classical swine fever in Spain in late 2001 and in 2002 should now be fixed.

(7)

The results of the inspections carried out by the Commission in compliance with the Community veterinary rules and the conditions for benefiting from Community financial support do not allow the entire amount of the expenditure submitted to be recognised as eligible.

(8)

The Commission’s observations and method of calculating the eligible expenses were communicated to the Spanish authorities in a letter dated 14 September 2005.

(9)

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

3.12.2005   

EN

Official Journal of the European Union

L 317/25

(1)

Article 8(2) of Directive 91/414/EEC provided for the Commission to carry out a programme of work for the examination of the active substances used in plant protection products which were already on the market on 25 July 1993. Detailed rules for the carrying out of this programme were established in Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (2).

(2)

Commission Regulation (EC) No 933/94 of 27 April 1994 laying down the active substances of plant protection products and designating the rapporteur Member States for the implementation of Commission Regulation (EEC) No 3600/92 (3), designated the active substances which should be assessed in the framework of Regulation (EEC) No 3600/92, designated a Member State to act as rapporteur in respect of the assessment of each substance and identified the producers of each active substance who submitted a notification in due time.

(3)

Endosulfan is one of the 89 active substances designated in Regulation (EC) No 933/94.

(4)

In accordance with Article 7(1)(c) of Regulation (EEC) No 3600/92, Spain, being the designated rapporteur Member State, submitted on 22 February 2000 to the Commission the report of its assessment of the information submitted by the notifiers in accordance with Article 6(1) of that Regulation.

(5)

On receipt of the report of the rapporteur Member State, the Commission undertook consultations with experts of the Member States as well as with the main notifiers Bayer CropScience and Makhteshim Agan as provided for in Article 7(3) of Regulation (EEC) No 3600/92. It appeared that further data were required. Commission Decision 2001/810/EC (4) laid down a deadline for data submission by the notifier, which expired 25 May 2002. The same decision set a further deadline of 31 May 2003 for specified long term studies.

(6)

The Commission organised a tripartite meeting with the main data submitters and the rapporteur Member State for this active substance on 17 May 2004.

(7)

The assessment report prepared by Spain has been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. This review was finalised on 15 February 2005 in the format of the Commission review report for endosulfan.

(8)

During the evaluation of this active substance, a number of areas of concern have been identified. This was in particular the case concerning its environmental fate and behaviour as the route of degradation of the active substance is not completely clear and unknown metabolites were found in soil degradation, water/sediment degradation and mesocosm studies. In ecotoxicology many concerns remain since the long term risk, in particular, due to the presence of the abovementioned metabolites, cannot be sufficiently addressed with the available information. In addition exposure of operators under indoor conditions has not been considered to be sufficiently addressed with the available information. Moreover endosulfan is volatile, its main metabolite is persistent and it has been found in monitoring results of regions where the substance was not used. Consequently, as these concerns remain unsolved, assessments made on the basis of the information submitted have not demonstrated that it may be expected that, under the proposed conditions of use, plant protection products containing endosulfan satisfy in general the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC.

(9)

Endosulfan should therefore not be included in Annex I to Directive 91/414/EEC.

(10)

Measures should be taken to ensure that existing authorisations for plant protection products containing endosulfan are withdrawn within a prescribed period and are not renewed and that no new authorisations for such products are granted.

(11)

In the light of the information submitted to the Commission it appears that, in the absence of efficient alternatives for certain limited uses in certain Member States, there is a need for further use of the active substance so as to enable the development of alternatives. It is therefore justified in the present circumstances to prescribe under strict conditions aimed at minimising risk a longer period for the withdrawal of existing authorisations for the limited uses considered as essential for which no efficient alternatives appear currently to be available for the control of harmful organisms.

(12)

Any period of grace for disposal, storage, placing on the market and use of existing stocks of plant protection products containing endosulfan allowed by Member States, should be limited to a period no longer than 12 months to allow existing stocks to be used in no more than one further growing season.

(13)

This Decision does not prejudice any action the Commission may undertake at a later stage for this active substance within the framework of Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (5),

(14)

This decision does not prejudice the submission of an application for endosulfan according to the provisions of Article 6(2) of Directive 91/414/EEC in view of a possible inclusion in its Annex I.

(15)

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.

authorisations for plant protection products containing endosulfan are withdrawn by 2 June 2006;

2.

from 3 December 2005 no authorisations for plant protection products containing endosulfan are granted or renewed under the derogation provided for in Article 8(2) of Directive 91/414/EEC;

3.

in relation to the uses listed in column B of the Annex, a Member State specified in column A may maintain in force authorisations for plant protection products containing endosulfan until 30 June 2007 provided that it:

(a)

for the uses for which the authorisation is to be withdrawn on 2 June 2006, shall expire not later than 2 June 2007;

(b)

for the uses for which the authorisation is to be withdrawn by 30 June 2007, shall expire not later than 31 December 2007.

3.12.2005   

EN

Official Journal of the European Union

L 317/29

3.12.2005   

EN

Official Journal of the European Union

L 317/36