(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,

(1)

Regulation (EC) No 2065/2003 lays down provisions for the establishment of a list of primary products authorised for use as such in or on foods and for the production of smoke flavourings for use in or on foods within the Community. This list shall, among other things, contain a clear description and characterisation of each primary product.

(2)

Detailed information about the qualitative and quantitative chemical composition of the primary product is necessary for the scientific evaluation. The portions which have not been identified, i.e. the amount of substances whose chemical structure is not known, should be as small as possible.

(3)

It is therefore necessary to establish minimum performance criteria, in this context referred to as quality criteria, to which the method of analysis shall comply in order to ensure that laboratories use methods with the necessary level of performance.

(4)

Smoked foods in general give rise to health concerns, especially with respect to the possible presence of polycyclic aromatic hydrocarbons (PAHs).

(5)

The person who intends to place primary products on the market should submit all the information necessary for the safety assessment. This information should contain a proposed validated method for sampling, identification and characterisation of the primary product.

(6)

Regulation (EC) No 882/2004 of the European Parliament and the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (2), lays down general requirements for methods of sampling and analysis.

(7)

The Scientific Committee on Food (SCF) named 15 PAHs as potentially genotoxic and carcinogenic to humans in an opinion on the risks to human health of PAH in food, expressed on 4 December 2002 (3). They represent a priority group in the assessment of the risk of long-term adverse health effects following dietary intake of PAHs. Their presence in primary products should — as a consequence — be analysed.

(8)

The Institute for Reference Materials and Measurements (IRMM) of the Commission Directorate General Joint Research Centre carried out collaborative studies for analysing the chemical composition of primary products and for quantifying the concentration of the 15 PAHs therein. The results of these trials are in part published in the Report on the Collaborative Trial for Validation of two Methods for the Quantification of Polycyclic Aromatic Hydrocarbons in Primary Smoke Condensates (4).

(9)

To describe the precision of the method the repeatability standard deviation as defined in ISO 5725-1 (5) is required. It should be estimated using data from a single-laboratory validation exercise giving Si as described in the Harmonized Guidelines for Single-Laboratory Validation of Methods of Analysis (6) or a collaborative trial giving Sr and SR as described in the Protocol for the design, conduct and interpretation of method-performance studies (7).

(10)

A full validation of methods to analyse the composition of primary products, with a maximum of compounds identified, is not achievable. The high number of analytes gives rise to incalculable amount of work which is impractical. If however mass spectrometry is used for the detection of compounds, the resulting mass spectra can be compared to published data (8) or to mass spectral libraries and a tentative identification of the compounds can be achieved.

(11)

Based on the results obtained in the inter-laboratory validation study on PAHs and following Commission Decision 2002/657/EC (9), minimum quality criteria for any suitable analytical method for determination of PAHs in all primary products have been proposed.

(12)

Following the recommendation given in the ISO, IUPAC, and AOAC International Harmonized Guidelines for the Use of Recovery Information in Analytical Measurement, the analytical results should be corrected for recovery.

(13)

The European Food Safety Authority has given scientific and technical assistance for the elaboration of the quality criteria for validated methods for identification and characterisation of primary smoke products laid down in this regulation.

(14)

The quality criteria can be adapted, to take into account advances in scientific and technological knowledge.

(15)

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

(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 603/2006 (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,

(1)

The Special Programme for Agriculture and Rural Development for Romania (hereinafter Sapard) was approved by Commission Decision C(2000) 3742 final of 12 December 2000, as last amended by Commission Decision C(2006) 1194 of 11 April 2006, in accordance with Article 4(5) and (6) of Regulation (EC) No 1268/1999.

(2)

The government of Romania and the Commission, acting on behalf of the European Community, signed on 2 February 2001 the Multi-Annual Financing Agreement laying down the technical, legal and administrative framework for the execution of Sapard, as last amended by the Annual Financing Agreement for 2004, signed on 12 May 2005, which finally entered into force on 3 November 2005.

(3)

The SAPARD Agency, public institution with legal status, in the subordination of the Ministry of Agriculture, Forests and Rural Development has been appointed by the competent authority of Romania for the implementation of some of the measures defined in Sapard. The National Fund Department within the Ministry of Public Finance has been appointed for the financial functions it is due to perform in the framework of the implementation of Sapard.

(4)

On the basis of a case-by-case analysis of the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance, as provided for in Article 12(2) of Regulation (EC) No 1266/1999, the Commission adopted Decision 2002/638/EC of 31 July 2002 (3) and Decision 2003/846/EC of 5 December 2003 (4) conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in Romania in the pre-accession period with regard to certain measures provided for in Sapard.

(5)

The Commission has undertaken a further analysis under Article 12(2) of Regulation (EC) No 1266/1999 in respect of measure 1.2 ‘Improving the structures for quality, veterinary and plant-health controls, for the quality of foodstuffs and consumer protection’; measure 3.2 ‘Setting-up producers’ groups’; measure 3.3 ‘Agricultural production methods designed to protect the environment and maintain the countryside’ and measure 3.5 ‘Forestry’ as provided for in Sapard. The Commission considers that, also with regard to those measures, Romania complies with the provisions of Articles 4 to 6 and of the Annex to Commission Regulation (EC) No 2222/2000 of 7 June 2000 laying down financial rules for the application of Council Regulation (EC) No 1268/1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period (5), and with the minimum conditions set out in the Annex to Regulation (EC) No 1266/1999.

(6)

It is therefore appropriate to waive the ex-ante approval requirement referred to in Article 12(1) of Regulation (EC) No 1266/1999 and to confer with regard to measure 1.2, measure 3.2, measure 3.3 and measure 3.5, on the SAPARD Agency and on the Ministry of Public Finance, National Fund, in Romania the management of aid on a decentralised basis.

(7)

However, since the verifications carried out by the Commission for measure 1.2, measure 3.2, measure 3.3 and measure 3.5 are based on a system that is not yet fully operating with regard to all relevant elements, it is therefore appropriate to confer the management of the SAPARD Programme on the SAPARD Agency and on the Ministry of Public Finance, National Fund, according to Article 3(2) of Regulation No 2222/2000, on a provisional basis.

(8)

Full conferral of management of the Sapard is only envisaged after further verifications, in order to ensure that the system operates satisfactorily, have been carried out and after any recommendations the Commission may issue, with regard to the conferral of management of aid on the SAPARD Agency, in the subordination of the Ministry of Agriculture, Forests, Waters and Environment and on the Ministry of Public Finance, National Fund, have been implemented.

(9)

On 6 October 2005 the Romanian Authorities proposed the rules for eligibility of expenditure for measure 1.2, measure 3.2 and measure 3.5, in accordance with Article 4(1) of Section B of the Multi-Annual Financing Agreement. The Commission is called upon to take a decision in this respect. Concerning measure 3.3, the rules for eligibility of expenditure are provided in the Sapard,

1.

The SAPARD Agency under the Ministry of Agriculture, Forests and Rural Development, 43 Ştirbei Vodă, Sector 1, Bucharest, for the implementation of measure 1.2 ‘Improving the structures for quality, veterinary and plant-health controls, for the quality of foodstuffs and consumer protection’; measure 3.2 ‘Setting-up producers’ groups’; measure 3.3 ‘Agricultural production methods designed to protect the environment and maintain the countryside’ and measure 3.5 ‘Forestry’ as defined in the Programme for Agriculture and Rural Development that was approved by Commission Decision C(2000) 3742 final on 12 December 2000, as last amended by Commission Decision C(2006) 1194, adopted on 11 April 2006.

2.

The National Fund within the Ministry of Public Finance, 44 Mircea Vodă Bulevard, Bucharest, for the financial functions it is due to perform in the framework of the implementation of the SAPARD programme for measure 1.2, measure 3.2, measure 3.3 and measure 3.5 for Romania.