I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

23.3.2007

Official Journal of the European Union

L 82/1

COUNCIL REGULATION (EC) No 309/2007

of 19 March 2007

amending the Financial Regulation of 27 March 2003 applicable to the 9th European Development Fund

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Partnership agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) (ACP-EC Agreement),

Having regard to Decision No 5/2005 of the ACP-EC Council of Ministers of 25 June 2005 on transitional measures applicable from the date of signing to the date of entry into force of the revised ACP-EC Partnership Agreement (2),

Having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (Overseas Association Decision) (3),

Having regard to the Internal Agreement between Representatives of the Governments of the Member States, meeting within the Council, on the Financing and Administration of Community Aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (4) (Internal Agreement), and in particular Article 31 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Court of Auditors (5),

Having consulted the European Investment Bank,

Whereas:

(1)	On 27 March 2003, the Council adopted the Financial Regulation applicable to the 9th European Development Fund (6), which lays down the legal framework for the financial management of the 9th European Development Fund (EDF).

(2)	That Regulation takes into account as a cornerstone Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (7), (General Financial Regulation).

(3)

Decision No 2/2002 of the ACP-EC Council of Ministers of 7 October 2002 regarding the implementation of Articles 28, 29 and 30 of Annex IV to the Cotonou Agreement (8) specifies the general regulations and general conditions applicable to works, supply and service contracts financed by the EDF, as well as the rules governing procedure, conciliation and arbitration in relation to such contracts.

(4)

This Regulation should anticipate the envisaged amendments to Annex IV of the amended ACP-EC Agreement which will refer in a more generic way to the Community regulations for the tendering procedures and which should be reflected by references to Annex IV in Articles 74, 76, 77 and 78 of the Financial Regulation applicable to the 9th EDF.

(5)

It is appropriate to take into account those amendments and the modifications proposed by Regulation (EC, Euratom) No 1995/2006 amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities in order to facilitate the implementation of the 9th EDF.

(6)	The Financial Regulation applicable to the 9th European Development Fund should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The Financial Regulation of 27 March 2003 applicable to the 9th European Development Fund is hereby amended as follows:

Article 13(1) shall be replaced by the following:

‘1. In the context of decentralised management, the Commission shall undertake the financial implementation of EDF resources in accordance with the detailed rules laid down in paragraphs 2, 3, and 4 without prejudice to delegation of residual tasks to bodies referred to in Article 14(3).’;

The following subparagraph shall be added to Article 14(1):

‘Indirect implementation, in accordance with paragraphs 2 to 7 of this Article and with Article 15 also applies in the case of delegation of residual tasks to bodies referred to in paragraph 3 of this Article in the case of decentralised management.’;

3.	The following second subparagraph shall be inserted in Article 14(3): ‘The Commission shall inform annually the Council of the cases and bodies concerned by providing commensurate motivation of the use of national agencies.’;

In Article 54(3), the first subparagraph shall be replaced by the following:

‘The Commission shall be under an obligation to effect payment from EDF resources whenever the responsible authorising officer:

(a)	endorses contracts and programme estimates, as provided for in Article 80(4);

(b)	endorses grant agreements.’;

5.	In Article 74(1), the first subparagraph shall be replaced by the following: ‘The procedures for the award of contracts relating to operations financed by the EDF to assist ACP States shall be those defined in Annex IV to the ACP-EC Agreement.’;

Articles 76, 77 and 78 shall be replaced by the following:

‘Article 76

Within the limits of the powers conferred on it by the ACP-EC Agreement and in accordance with the conditions laid down in Annex IV thereto, the Commission shall ensure the broadest possible participation, on equal terms, in tendering procedures for contracts financed by the EDF and shall ensure compliance with the principles of transparency, proportionality, equal treatment and non-discrimination.;

Article 77

Within the limits of the powers conferred on it by the ACP-EC Agreement the Commission shall take steps to establish, by analogy with the relevant rules of the general financial regulation, a central database containing details of candidates and tenderers who are, according to the rules defined in Annex IV to the ACP-EC Agreement, in a situation that excludes them from participation in procedures for the award of contracts relating to operations financed by the EDF.;

Article 78

Within the limits of the powers conferred on it by the ACP-EC Agreement and in accordance with the conditions laid down in Annex IV thereto, the Commission shall take the necessary steps to have international tendering procedures published in the Official Journal of the European Union and on the Internet.’;

7.	In Title V, the heading shall be replaced by the following: ‘DIRECT LABOUR AND INDIRECT DECENTRALISED OPERATIONS’;

Article 80 shall be replaced by the following:

‘Article 80

1. This Title shall govern the direct labour and indirect decentralised operations provided for in Article 24 of Annex IV to the ACP-EC Agreement. It shall apply mutatis mutandis to financial cooperation with the OCTs.

2. In the case of direct labour operations, projects and programmes shall be implemented directly through public departments of the ACP State or States concerned.

The Community shall contribute to the costs of the departments involved by providing the equipment and/or materials that they lack and/or the resources to acquire any additional staff required, such as experts from within the ACP States concerned or other ACP States. The Community’s participation shall cover only costs incurred by supplementary measures and temporary expenditure relating to execution that are strictly confined to the requirements of the project in question.

The financial management of a project implemented by direct labour in accordance with the first and second subparagraphs shall be carried out by imprest accounts administered by an imprest administrator and an accounting officer, appointed by the National Authorising Officer with the prior approval of the Commission’s responsible authorising officer.

3. In the case of indirect decentralised operations, the contracting authority within the meaning of Article 73(1)(a) shall entrust tasks relating to the implementation of projects or programmes to bodies governed by public law of the ACP State or States concerned or bodies governed by private law that are legally distinct from the ACP State or States concerned. In such cases, the body concerned shall assume responsibility for the management and implementation of the programme or project in place of the National Authorising Officer. Tasks so delegated may include the power to conclude contracts and manage contracts and the supervision of works on behalf of or for the account of the ACP State or States concerned.

4. Direct labour operations and indirect decentralised operations shall be implemented on the basis of a programme of measures to be carried out and an estimate of their cost, hereinafter referred to as the “programme estimate”. The programme estimate is a document laying down the human and material resources required, the budget and the detailed technical and administrative implementing arrangements for execution of a project over a specified period by direct labour and, possibly, by means of public procurement and the award of specific grants. Each programme estimate shall be prepared by the imprest administrator and the accounting officer referred to in paragraph 2, in the case of direct labour operations, or by the body referred to in paragraph 3, in the case of indirect decentralised operations, and shall then be approved by the National Authorising Officer and the Commission’s responsible authorising officer before the activities it provides for commence.

5. In the context of the implementation of the programme estimates referred to in paragraph 4, the procurement and grant award procedures shall comply with those laid down in Titles IV and VI respectively.

6. The financing agreements referred to in Article 51(3) must make provision for the implementation of direct labour operations or indirect decentralised operations.’;

Article 81 shall be amended as follows:

(a)

The introductory part shall be replaced by the following:

‘In the case of indirect decentralised operations the contracting authority referred to in Article 73(1)(a) shall conclude a delegation agreement when entrusting implementation tasks to a body governed by public laws of the ACP State or States concerned or by private law with a public service mission and a service contract when entrusting those tasks to bodies governed by private law. The Commission shall ensure that the delegation agreement or service contract sets out:’;

(b)

Point (b) shall be replaced by the following:

‘(b)	a clear definition and precise delimitation of the powers delegated to the body concerned and the powers retained by the National Authorising Officer;’;

(c)

Point (d) shall be replaced by the following:

‘(d)	the possibility of ex post review and financial penalties where the granting of funds or award of contracts by the body concerned does not correspond to the procedures laid down at point (c);’.

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

It shall apply for the same period as the Internal Agreement.

Done at Brussels, 19 March 2007.

For the Council

The President

Horst SEEHOFER

(1) OJ L 317, 15.12.2000, p. 3. Agreement as amended by Agreement of 25 June 2005 (OJ L 287, 28.10.2005, p. 4).

(2) OJ L 287, 28.10.2005, p. 1.

(3) OJ L 314, 30.11.2001, p. 1.

(4) OJ L 317, 15.12.2000, p. 355.

(5) OJ C 12, 17.1.2003, p. 19.

(6) OJ L 83, 1.4.2003, p. 1.

(7) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

(8) OJ L 320, 23.11.2002, p. 1.

23.3.2007

Official Journal of the European Union

L 82/6

COMMISSION REGULATION (EC) No 311/2007

of 19 March 2007

amending Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (1), and in particular Article 122 thereof,

Whereas:

(1)	Some Member States or their competent authorities have requested amendments to the Annexes to Regulation (EEC) No 574/72.

(2)	The proposed amendments derive from decisions taken by the Member States concerned or their competent authorities designating the authorities which are responsible for ensuring that social security legislation is implemented in accordance with Community law.

(3)	The schemes to be taken into consideration when calculating the average annual cost for benefits in kind, in accordance with Article 94 and Article 95 of Regulation (EEC) No 574/72, are listed in Annex 9 of that Regulation.

(4)	The unanimous opinion of the Administrative Commission on Social Security for Migrant Workers has been obtained,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes 1 to 5, Annexes 7, 9 and 10 to Regulation (EEC) No 574/72 are amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 March 2007.

For the Commission

Vladimír ŠPIDLA

Member of the Commission

(1) OJ L 74, 27.3.1972, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

ANNEX

Annex 1 is amended as follows:

(a)

Section ‘C. DENMARK’ is replaced by the following:

‘C.

DENMARK:

1.	Socialministeren (Minister of Social Affairs), København.

2.	Beskæftigelseministeriet (Ministry of Employment), København.

3.	Indenrigs- og Sundhedsministeriet (Ministry of Internal Affairs and Health), København.

4.	Finansministeren (Minister for Finance), København.

5.	Ministeren for Familie- og Forbrugeranliggender (Minister for Family and Consumer Affairs), København.’

(b)

Section ‘S. POLAND’ is replaced by the following:

‘S.

POLAND:

1.	Minister Pracy i Polityki Społecznej (Minister of Labour and Social Policy), Warszawa.

2.	Minister Zdrowia (Minister of Health), Warszawa.’

(c)

Section ‘Y. UNITED KINGDOM’ is replaced by the following:

‘Y.	UNITED KINGDOM:

1.	Secretary of State for Work and Pensions, London.

1a.	Secretary of State for Health, London.

1b.	Commissioners of HM Revenue and Customs or their official representative, London.

2.	Secretary of State for Scotland, Edinburgh.

3.	Secretary of State for Wales, Cardiff.

4.	Department for Social Development, Belfast; Department of Health, Social Services and Public Safety Belfast.

5.	Principal Secretary, Social Affairs, Gibraltar.

6.	Chief Executive of the Gibraltar Health Authority.’

Annex 2 is amended as follows:

(a)

Section ‘C. DENMARK’ is amended as follows:

Point (a) is replaced by the following:

‘(a)

Sickness and maternity:

(i)

Benefits in kind:

1.	In general:

The competent region.

2.	For pension claimants and pensioners and members of their families residing in another Member State, see the provisions of Title III, Chapter 1, Sections 4 and 5 of the Regulation and Articles 28 to 30 of the implementing Regulation:

Den Sociale Sikringsstyrelse (Social Security Administration), København.

(ii)	Cash benefits:

Local authority of the commune in which the beneficiary resides.’

(b)

Section ‘I. IRELAND’ is amended as follows:

Point 1 is replaced by the following:

‘1.	Benefits in kind:

—	Health Service Executive Dublin-Mid Leinster, Tullamore, County Offaly.

—	Health Service Executive Dublin-North East, Kells, County Meath.

—	Health Service Executive South, Cork.

—	Health Service Executive West, Galway.’

(c)

Section ‘J. ITALY’ amended as follows:

Point 3.B. is replaced by the following:

‘B.

Self-employed persons:

(a)	for medical practitioners:

Ente nazionale di previdenza ed assistenza medici (National Welfare and Assistance Office for Medical Practitioners);

(b)	for pharmacists:

Ente nazionale di previdenza ed assistenza farmacisti (National Welfare and Assistance Office for Pharmacists);

(c)	for veterinarians:

Ente nazionale di previdenza ed assistenza veterinari (National Welfare and Assistance Office for Veterinarians);

(d)	for nurses, medical auxiliaries and children’s nurses:

Ente nazionale di previdenza ed assistenza della professione infermieristica (ENPAP) (National Welfare and Assistance Office for members of the caring profession);

(e)	for engineers and architects:

Cassa nazionale di previdenza ed assistenza per gli ingegneri ed architetti liberi professionisti;

(f)	for surveyors:

Cassa italiana di previdenza dei geometri liberi professionisti;

(g)	for solicitors and barristers:

Cassa nazionale di previdenza ed assistenza forense;

(h)	for economists:

Cassa nazionale di previdenza ed assistenza a favore dei dottori commercialisti (National Welfare and Assistance Fund for Economists);

(i)	for accountants:

Cassa nazionale di previdenza ed assistenza a favore dei ragionieri e periti commerciali (National Welfare and Assistance Fund for Accountants);

(j)	for employment experts:

Ente nazionale di previdenza ed assistenza dei consulenti del lavoro (National Welfare and Assistance Office for Employment Experts);

(k)	for notaries:

Cassa nazionale del notariato (National Fund for Notaries);

(l)	for customs agents:

Fondo nazionale di previdenza per gli impiegati delle imprese di spedizione e delle agenzia (FASC);

(m)	for biologists:

Ente nazionale di previdenza ed assistenza a favore dei biologi;

(n)	for agricultural technicians and scientists:

Ente nazionale di previdenza per gli addetti e per gli impiegati in agricoltura;

(o)	for sales representatives:

Ente nazionale di assistenza per gli agenti e i rappresentanti di commercio;

(p)	for industrial technicians:

Ente nazionale di previdenza dei periti industriali;

(q)	for actuaries, chemists, agronomists, foresters and geologists:

Ente nazionale di previdenza ed assistenza pluricategoriale degli agronomi e forestali, degli attuari, dei chimici e dei geologi;

(r)	for psychologists:

Ente Nazionale di previdenza ed assistenza per gli psicologi (National Welfare and Assistance Office for Psychologists);

(s)	for journalists:

Istituto Nazionale di previdenza ed assistenza dei giornalisti italiani (National Welfare Institute for Italian Journalists);

(t)	for self-employed workers in agriculture, handicraft and trade:

Istituto Nazionale della previdenza sociale — sedi provinciali (National social security institute, INPS-provincial offices).’

(d)

Section ‘Q. NETHERLANDS’ is amended as follows:

Point 1 is replaced by the following:

‘1.

Sickness and maternity:

(a)	benefits in kind:

—	for persons who, under Article 2 of the Health Care Insurance Act, are obliged to take out insurance with a health care insurer: the health care insurer with which the person concerned has concluded health care insurance within the meaning of the Health Care Insurance Act; or

—

persons not included in the category in the previous indent who are resident abroad and who, in application of the Regulation or pursuant to the EEA Agreement or the Agreement with Switzerland on the free movement of persons, are entitled to health care in their country of residence pursuant to Netherlands legislation:

1.	the registration and levying of the statutory contributions: the College voor zorgverzekeringen in Diemen; or

2.	health care: Agis Zorgverzekeringen, Amersfoort.

(b)	cash benefits:

Uitvoeringsinstituut Werknemersverzekeringen, Amsterdam (Employee Insurance Administration Institution), Amsterdam;

(c)	health care allowances:

Belastingdienst Toeslagen, Utrecht.’

(e)

Section ‘S. POLAND’ is amended as follows:

Point 6 is replaced by the following:

‘6.	Family benefits:

regional centre of social policy competent in respect of the place of residence or stay for persons entitled to benefits.’

(f)

Section ‘X. SWEDEN’ is amended as follows:

Point 1 is replaced by the following:

‘1.

For all contingencies except unemployment benefits:

(a)	as a general rule:

the regional offices of the Social Insurance Agency which is the competent institution for the subject matter in question. (Försäkringskassans länsorganisation som är behörig att handlägga ärendet);

(b)	for mariners not resident in Sweden:

the Social Insurance Agency, Western Götaland for all subjects except pensions, sickness- and activity compensation and long term compensation for occupational injury. (Försäkringskassans länsorganisation Västra Götaland);

(c)	for application of Articles 35 to 59 of the implementing Regulation to persons not resident in Sweden:

the Social Insurance Agency Gotland (Försäkringskassans länsorganisation Gotland);

(d)	for application of Articles 60 to 77 of the implementing Regulation with the exception of mariners not resident in Sweden:

the Social Insurance Agency at the place where the work accident or occupational disease occurred (Försäkringskassan på den ort där olycksfallet i arbete inträffade eller där arbetssjukdomen visade sig);

(e)	for application of Articles 60 to 77 of the implementing Regulation for mariners not resident in Sweden:

the Social Insurance Agency Gotland (Försäkringskassans länsorganisation Gotland).’

(g)

Section ‘Y. UNITED KINGDOM’ is amended as follows:

Point 3 is replaced by the following:

‘3.

Family benefits:

—	Great Britain:

HM Revenue and Customs, Child Benefit Office, Newcastle upon Tyne,

HM Revenue and Customs, Tax Credit Office, Preston.

—	Northern Ireland:

HM Revenue and Customs, Child Benefit Office, (NI) Belfast,

HM Revenue and Customs, Tax Credit Office, Belfast.

—	Gibraltar:

Principal Secretary, Social Affairs, Gibraltar.’

Annex 3 is amended as follows:

(a)

Section ‘C. DENMARK’ is amended as follows:

Point II is replaced by the following:

‘II. INSTITUTIONS OF THE PLACE OF STAY

(a)

Sickness and maternity:

(i)	for the purposes of applying Articles 19a, 20, 21 and 31 of the implementing Regulation:

The competent region;

(ii)	for the purposes of applying Article 24 of the implementing Regulation:

Local authority of the commune in which the beneficiary is staying;

(b)

Accidents at work and occupational diseases:

(i)	for the purposes of applying Chapter 4 of Title IV, except for Article 64, of the implementing Regulation:

Arbejdsskadestyrelsen (National Office for Accidents at Work and Occupational Diseases), København;

(ii)	for the purposes of applying Article 64 of the implementing Regulation:

Local Authority of the commune in which the beneficiary is staying;

(c)

unemployment:

(i)	for the purposes of applying Chapter 6 of Title VI, except for Article 83, of the implementing Regulation:

the competent unemployment fund;

(ii)	for the purposes of applying Article 83 of the implementing Regulation:

the State Job Centre situated in the municipality in which the beneficiary is staying.’

(b)

Section ‘I. IRELAND’ is amended as follows:

Point 1 is replaced by the following:

‘1.	Benefits in kind:

—	Health Service Executive Dublin-Mid Leinster, Tullamore, County Offaly,

—	Health Service Executive Dublin-North East, Kells, County Meath,

—	Health Service Executive South, Cork,

—	Health Service Executive West, Galway.’

(c)

Section ‘J. ITALY’ is amended as follows:

Point 3B is replaced by the following:

‘B.

Self-employed persons:

(a)	for medical practitioners:

Ente nazionale di previdenza ed assistenza medici (National Welfare and Assistance Office for Medical Practitioners);

(b)	for pharmacists:

Ente nazionale di previdenza ed assistenza farmacisti (National Welfare and Assistance Office for Pharmacists);

(c)	for veterinarians:

Ente nazionale di previdenza ed assistenza veterinari (National Welfare and Assistance Office for Veterinarians);

(d)	for nurses, medical auxiliaries and children’s nurses:

Ente nazionale di previdenza ed assistenza della professione infermieristica (ENPAPI) (National Welfare and Assistance Office for members of the caring profession);

(e)	for engineers and architects:

Cassa nazionale di previdenza ed assistenza per gli ingegneri ed architetti liberi professionisti (National Welfare Fund for Engineers and Architects);

(f)	for surveyors:

Cassa italiana di previdenza dei geometri liberi professionisti (National Welfare and Assistance Fund for Surveyors);

(g)	for solicitors and barristers:

Cassa nazionale di previdenza ed assistenza forense (National Welfare and Assistance Fund for Solicitors and Barristers);

(h)	for economists:

Cassa nazionale di previdenza ed assistenza a favore dei dottori commercialisti (National Welfare and Assistance Fund for Economists);

(i)	for accountants:

Cassa nazionale di previdenza ed assistenza a favore dei ragionieri e periti commerciali (National Welfare and Assistance Fund for Accountants);

(j)	for employment experts:

Ente nazionale di previdenza ed assistenza dei consulenti del lavoro (National Welfare and Assistance Office for Employment Experts);

(k)	for notaries:

Cassa nazionale notariato (National Fund for Notaries);

(l)	for customs agents:

Fondo nazionale di previdenza per gli impiegati delle imprese di spedizione e delle agenzia (FASC) (Welfare Fund for Customs Agents);

(m)	for biologists:

Ente nazionale di previdenza ed assistenza a favore dei biologi;

(n)	for agricultural technicians and scientists:

Ente nazionale di previdenza per gli addetti e per gli impiegati in agricoltura;

(o)	for sales representatives:

Ente nazionale di assistenza per gli agenti e rappresentanti di commercio;

(p)	for industrial technicians:

Ente nazionale di previdenza dei periti industriali;

(q)	for actuaries, chemists, agronomists, foresters and geologists:

Ente nazionale di previdenza ed assistenza pluricategoriale degli agronomi e forestali, degli attuari, dei chimici e dei geologi;

(r)	for psychologists:

Ente Nazionale di previdenza ed assistenza per gli psicologi (National Welfare and Assistance Office for Psychologists);

(s)	for journalists:

Istituto Nazionale di previdenza dei giornalisti italiani (National Welfare Institute for Italian Journalists);

(t)	for self-employed workers in agriculture, handicraft and trade:

Istituto Nazionale della previdenza sociale — sedi provinciali (National social security institute, INPS — provincial offices).’

(d)

Section ‘S. POLAND’ is amended as follows:

(i)

point 2 (a) is replaced by the following:

‘(a)	for persons who have been recently employed or self-employed excluding self-employed farmers and for professional soldiers and officers who have completed periods of service other than mentioned in subpoints (c), (d) and (e):

1.	Zakład Ubezpieczeń Społecznych (Social Insurance Institution — ZUS) — Branch Office in Łódź — for persons who have completed Polish and foreign periods of insurance, including periods completed lately in Spain, Portugal, Italy, Greece, Cyprus or Malta;

2.	Zakład Ubezpieczeń Społecznych (Social Insurance Institution — ZUS) — Branch Office in Nowy Sącz — for persons who have completed Polish and foreign periods of insurance, including periods completed lately in: Austria, the Czech Republic, Hungary, Slovakia or Slovenia;

3.	Zakład Ubezpieczeń Społecznych (Social Insurance Institution — ZUS) — Branch Office in Opole — for persons who have completed Polish and foreign periods of insurance, including periods completed lately in Germany;

4.	Zakład Ubezpieczeń Społecznych (Social Insurance Institution — ZUS) — Branch Office in Szczecin — for persons who have completed Polish and foreign periods of insurance, including periods completed lately in Denmark, Finland, Sweden, Lithuania, Latvia or Estonia;

Zakład Ubezpieczeń Społecznych (Social Insurance Institution — ZUS) — I Oddział w Warszawie — Centralne Biuro Obsługi Umów Międzynarodowych (I Branch in Warsaw — Central Bureau for International Agreements) — for persons who have completed Polish and foreign periods of insurance, including periods completed lately in Belgium, France, the Netherlands, Luxembourg, Ireland or the United Kingdom.’

(ii)

point 3 is replaced by the following:

‘3.

Accidents at work and occupational diseases:

(a)	benefits in kind:

Narodowy Fundusz Zdrowia — Oddział Wojewódzki (National Health Fund — Regional Branch) of the region where the person concerned resides or stays;

(b)

cash benefits:

(i)	in case of sickness:

—	filed offices of Zakład Ubezpieczeń Społecznych (Social Insurance Institution — ZUS) with territorial jurisdiction over the place of residence or stay,

—	regional branches of Kasa Rolniczego Ubezpieczenia Społecznego (Agricultural Social Insurance Fund — KRUS) with territorial jurisdiction over the place of residence or stay;

(ii)

disability or death of main wage earner:

—	for persons who have been recently employed or self-employed (excluding self-employed farmers):

units of Social Insurance Institution (Zakład Ubezpieczeń Społecznych) listed in point 2(a),

—	for persons who have been recently self-employed farmers:

units of Agricultural Social Insurance Fund (Kasa Rolniczego Ubezpieczenia Społecznego) listed in point 2(b),

—	for professional soldiers in the case of Polish periods of military service, if the last period has been the period of mentioned service and foreign periods of insurance:

Wojskowe Biuro Emerytalne w Warszawie (Military Pension Office in Warsaw), if it is the competent institution mentioned in Annex 2(3)(b)(ii) third indent,

—	for officers, mentioned in point 2(d), in the case of Polish periods of service, if the last period has been the period of service in one of the formations listed in point 2(d) and foreign periods of insurance:

Zakład Emerytalno-Rentowy Ministerstwa Spraw Wewnętrznych i Administracji w Warszawie (Pension Office of the Ministry of Internal Affairs and Administration in Warsaw), if it is the competent institution mentioned in Annex 2(3)(b)(ii) fourth indent,

—	for Prison Guard officers, in the case of Polish periods of service, if the last period has been the period of mentioned service and foreign periods of insurance:

Biuro Emerytalne Służby Więziennej w Warszawie (Pension Office of Prison Service in Warsaw), if it is the competent institution mentioned in Annex 2(3)(b)(ii) fifth indent,

—	for judges and prosecutors:

specialised entities of the Ministry of Justice,

—	for persons who have completed exclusively foreign periods of insurance:

units of Social Insurance Institution (Zakład Ubezpieczeń Społecznych) listed in point 2(g).’

(e)

Section ‘Y. UNITED KINGDOM’ is amended as follows:

Point 3 is replaced by the following:

‘3.

Family benefits:

For the purposes of applying Articles 73 and 74 of the Regulation:

—	Great Britain:

HM Revenue and Customs, Child Benefit Office, Newcastle upon Tyne, NE88 1AA,

HM Revenue and Customs, Tax Credits Office, Preston, PR1 0SB.

—	Northern Ireland:

HM Revenue and Customs, Child Benefit Office (NI), Windsor House, 9-15 Bedford Street, Belfast, BT2 7UW,

HM Revenue and Customs, Tax Credit Office (Belfast), Dorchester House, 52-58 Great Victoria Street, Belfast, BT2 7WF.

—	Gibraltar:

Department of Social Services, 23 Mackintosh Square, Gibraltar.’

Annex 4 is amended as follows:

(a)

Section ‘C. DENMARK’ is amended as follows:

(i)

Point 1 is replaced by the following:

‘1.

(a)	Sickness, maternity and birth benefits in kind:

Indenrigs- og Sundhedsministeriet (Ministry of Internal Affairs and Health), København;

(b)	Sickness benefits in cash:

Arbejdsdirektoratet (National Directorate of Labour), København;

(c)	Maternity and birth benefits in cash:

Ministeriet for Familie- og Forbrugeranliggender (Ministry of Family and Consumer Affairs), København.’

(ii)

Point 3 is replaced by the following:

‘3.	Rehabilitation benefits:

Arbejdsdirektoratet (National Directorate of Labour), København.’

(iii)

Point 7 is replaced by the following:

‘7.	Pensions under “loven om Arbejdsmarkedets Tillægspension (ATP)” (law on supplementary pensions for employed persons):

Arbejdsmarkedets Tillægs Pension, ATP, (Supplementary Pensions Office for Employed Persons), Hillerød.’

(b)

Section ‘I. IRELAND’ is amended as follows:

Point 1 is replaced by the following:

‘1.	Benefits in kind:

Health Service Executive, Naas, Co. Kildare.’

(c)

Section ‘S. POLAND’ is amended as follows:

Point 2 is replaced by the following:

‘2.

Cash benefits:

(a)	for sickness, maternity, disability, old-age, death, accidents at work and occupational diseases:

—	Zakład Ubezpieczeń Społecznych — Centrala (Social Insurance Institution — ZUS-Main Headquarters), Warszawa,

—	Kasa Rolniczego Ubezpieczenia Społecznego — Centrala (Agricultural Social Insurance Fund — KRUS-Main Headquarters), Warszawa,

—	Zakład Emerytalno-Rentowy Ministerstwa Spraw Wewnętrznych i Administracji (Pension Office of the Ministry of Internal Affairs and Administration), Warszawa;

(b)	for unemployment:

Ministerstwo Pracy i Polityki Społecznej (Ministry of Labour and Social Policy), Warszawa;

(c)	for family benefits and other non-contributory benefits:

Ministerstwo Pracy i Polityki Społecznej (Ministry of Labour and Social Policy), Warszawa.’

(d)

Section ‘Y. UNITED KINGDOM’ is replaced by the following:

‘Y. UNITED KINGDOM

Great Britain:

(a)	contributions and benefits in kind for posted workers:

HM Revenue and Customs, Centre for Non-Residents, Benton Park View, Newcastle upon Tyne, NE98 1ZZ;

(b)	all other questions:

Department of Work and Pensions, The Pension Service, International Pension Centre, Tyneview Park, Newcastle upon Tyne, NE98 1BA.

Northern Ireland:

(a)	contributions and benefits in kind for posted workers:

HM Revenue and Customs, Centre for Non-Residents, Benton Park View, Newcastle upon Tyne, NE98 1ZZ;

(b)	all other questions:

Department for Social Development, Social Security Agency, Network Support Branch, Overseas Benefits Unit, Level 2, James House, 2 — 4 Cromac Street, Belfast, BT7 2JA.

Gibraltar:

Department of Work and Pensions, The Pension Service, International Pension Centre, Tyneview Park, Newcastle upon Tyne, NE98 1BA.’

Annex 5 is amended as follows:

(a)

Section ‘16. BELGIUM-NETHERLANDS’ is replaced by the following:

‘16. BELGIUM-NETHERLANDS

(a)

The Agreement of 21 March 1968 on the collection and recovery of social security contributions, and the Administrative Agreement of 25 November 1970 made pursuant to the said Agreement.

(b)

Agreement of 13 March 2006 on health care insurance.

(c)

The Agreement of 12 August 1982 on insurance for sickness, maternity and invalidity.’

(b)	Section ‘51. DENMARK-SPAIN’ is replaced by the following: ‘51. DENMARK-SPAIN None.’

(c)	Section ‘54. DENMARK-ITALY’ is replaced by the following: ‘54. DENMARK-ITALY Agreement of 18 November 1998 on the reimbursement of costs of benefits in kind provided under the terms of Articles 36 and 63. The agreement has effect from 1 January 1995.’

(d)

Section ‘110. ESTONIA-UNITED KINGDOM’ is replaced by the following:

‘110. ESTONIA-UNITED KINGDOM

Arrangement finalised on 29 March 2006 between the Competent Authorities of the Republic of Estonia and of the United Kingdom under Articles 36(3) and 63(3) of Regulation (EEC) No 1408/71 establishing other methods of reimbursement of the costs of benefits in kind provided under this Regulation by both countries with effect from 1 May 2004.’

(e)

Section ‘195. ITALY-UNITED KINGDOM’ is replaced by the following:

‘195. ITALY-UNITED KINGDOM

Arrangement signed on 15 December 2005 between the Competent Authorities of the Republic of Italy and of the United Kingdom under Articles 36(3) and 63(3) of Regulation (EEC) No 1408/71 establishing other methods of reimbursement of the costs of benefits in kind provided under this Regulation by both countries with effect from 1 January 2005.’

Annex 7 is amended as follows:

(a)

Section ‘H. FRANCE’ is replaced by the following:

‘H.

FRANCE:

None.’

(b)

Section ‘V. SLOVAKIA’ is replaced by the following:

‘V.

SLOVAKIA:

None.’

Annex 9 is amended as follows:

(a)

Section ‘C. DENMARK’ is replaced by the following:

‘C. DENMARK

The average annual costs of benefits in kind shall be calculated by taking into account the schemes set up by the law on the public health service, the law on hospital and, in respect of the cost of rehabilitation, the Active Social Policy Act and the Active Employment Measures Act.’

(b)

Section ‘I. IRELAND’ is replaced by the following:

‘I. IRELAND

The average annual cost of benefits in kind shall be calculated by taking into consideration the benefits in kind (health services) provided by the Health Service Executive, mentioned in Annex 2, in accordance with the provisions of the Health Acts 1947 to 2004.’

(c)

Section ‘S. POLAND’ is replaced by the following:

‘S. POLAND

The average annual costs of benefits in kind shall be calculated by taking into consideration the schemes set up by the law on healthcare services financed from the public resources, the law on the National Medical Emergency Service and, in respect of costs of rehabilitation, also the law on social insurance scheme and the law on social insurance of farmers.’

Annex 10 is amended as follows:

(a)

Section ‘B. CZECH REPUBLIC’ is amended as follows:

Point 1 is replaced by the following:

‘1. a)

For the purposes of applying Article 17 of the Regulation:

Česká správa sociálního zabezpečení (Czech Social Security Administration),

1. b)

For the purposes of applying Articles 14(1)(b) of the Regulation and Articles 10(b), 11(1), 11a(1), 12(a), 13(2) and (3), 14(1), (2) and (3), 80(2), 81 and 85(2) of the implementing Regulation, the institution designated by Article 4(10) of the implementing Regulation:

Česká správa sociálního zabezpečení (Czech Social Security Administration), and its regional Office.’

(b)

Section ‘D. GERMANY’ is amended as follows:

Point 2 is replaced by the following:

‘2.

For the purposes of applying:

—	Articles 14(1)(a),14b(1) of the Regulation and, in the case of agreements pursuant to Article 17 of the Regulation, in conjunction with Article 11 of the implementing Regulation,

—	Articles 14a(1)(a) and 14b(2) and, in the case of agreements pursuant to Article 17 of the Regulation, in conjunction with Article 11a of the implementing Regulation,

—	Articles 14(2)(b), 14(3), 14a(2) to (4), and 14c(a) and, in the case of agreements pursuant to Article 17 of the Regulation, in conjunction with Article 12a of the implementing Regulation:

(i)	persons insured with sickness insurance:

the institution with which they are insured, and also the customs authorities with regard to controls;

(ii)	persons not insured with sickness insurance and not covered by a professional association pension scheme:

the competent pension insurance institution, and also the customs authorities with regard to controls;

(iii)

persons not insured with sickness insurance but covered by a professional association pension scheme:

Arbeitsgemeinschaft Berufsständischer Versorgungseinrichtungen (Consortium of Professional Association Pension Schemes), Köln, and also the customs authorities with regard to controls.’

(c)

Section ‘I. IRELAND’ is amended as follows:

Point 4 is replaced by the following:

‘4.

(a)	For the purposes of applying Article 110 of the implementing Regulation (for cash benefits):

Department of Social and Family Affairs;

(b)	for the purposes of applying Articles 110 (for benefits in kind) and 113(2) of the implementing Regulation:

Health Service Executive Dublin-Mid Leinster, Tullamore, County Offaly,

Health Service Executive Dublin-North East, Kells, County Meath,

Health Service Executive South, Cork,

Health Service Executive West, Galway.’

(d)

Section ‘J. ITALY’ is amended as follows:

Point 3 is replaced by the following:

‘3. For the purposes of applying Articles 11a and 12 of the implementing Regulation:
for medical practitioners:	Ente nazionale di previdenza ed assistenza medici (National Welfare and Assistance Office for Medical Practitioners);
for pharmacists:	Ente nazionale di previdenza ed assistenza farmacisti (National Welfare and Assistance Office for Pharmacists);
for veterinarians:	Ente nazionale di previdenza ed assistenza veterinari (National Welfare and Assistance Office for Veterinarians);
for nurses, medical auxiliaries and children’s nurses:	Cassa nazionale di previdenza ed assistenza a favore degli infermieri professionali, assistenti sanitari, vigilatrici d’infanzia (National Welfare and Assistance Fund for Nurses, Medical Auxiliaries and Children’s Nurses);
for sales agents and representatives:	Ente Nazionale di assistenza per gli agenti e rappresentanti di commercio (National Welfare and Assistance Office for Sales Agents and Representatives);
for biologists:	Ente Nazionale di previdenza ed assistenza a favore dei biologi (National Welfare and Assistance Office for Biologists);
for industrial consultants:	Ente Nazionale di previdenza dei periti industriali (National Welfare and Assistance Office for Industrial Consultants);
for psychologists:	Ente Nazionale di previdenza ed assistenza psicologi (National Welfare and Assistance Office for Psychologists);
for journalists:	Istituto Nazionale di previdenza dei giornalisti italiani “Giovanni Amendola” (Giovanni Amendola National Welfare Institute for Italian Journalists);
for actuaries, chemists, agronomists, foresters and geologists:	Ente di previdenza ed assistenza pluricategoriale degli agronomi e forestali, degli attuari, dei chimici e dei geologi (National Multi-Sectoral Welfare and Assistance Office for Actuaries, Chemists, Agronomists, Foresters and Geologists);
for agricultural technicians and consultants:	Ente Nazionale di previdenza per gli addetti e per gli impiegati in agricoltura (National Welfare and Assistance Office for Agricultural Technicians and Scientists);
for engineers and architects:	Cassa nazionale di previdenza ed assistenza per gli ingegneri ed architetti (National Welfare Fund for Engineers and Architects);
for surveyors:	Cassa nazionale di previdenza ed assistenza a favore dei geometri (National Welfare and Assistance Fund for Surveyors);
for solicitors and barristers:	Cassa nazionale di previdenza ed assistenza forense (National Welfare and Assistance Fund for Lawyers);
for economists:	Cassa nazionale di previdenza ed assistenza a favore dei dottori commercialisti (National Welfare and Assistance Fund for Economists);
for accountants:	Cassa nazionale di previdenza ed assistenza a favore dei ragionieri e periti commerciali (National Welfare and Assistance Fund for Accountants);
for employment experts:	Ente nazionale di previdenza ed assistenza per i consulenti del lavoro (National Welfare and Assistance Office for Employment Experts);
for notaries:	Cassa nazionale notariato (National Fund for Notaries);
for customs agents:	Fondo di previdenza a favore degli spedizionieri dognali (Welfare Fund for Customs Agents);
for self-employed workers in agriculture, handicraft and trade:	Istituto Nazionale della previdenza sociale — sedi provinciali (National social security institute, INPS, provincial offices).’

(e)

Section ‘M. LITHUANIA’ is amended as follows:

(i)

Point 1 is replaced by the following:

‘1.	For the purposes of applying Articles 14(1)(b), 14a(1)(b), 14b(1) and (2), 14d(3) and 17 of the Regulation and Articles 6(1), 10b, 11(1), 11a, 12a, 13(2) and (3), 14(1) and (2), 85(2) and 91(2) of the implementing Regulation:

Valstybinio socialinio draudimo fondo valdybos Užsienio išmokų tarnyba (Foreign Benefits Office of State Social Insurance Fund Board).’

(ii)

Point 5 is replaced by the following:

‘5.

For the purposes of applying Article 110 of the implementing Regulation:

(a)	benefits in kind under Chapters 1 and 4 of Title III of the Regulation:

Valstybine ligonių kasa (State Patient Fund), Vilnius;

(b)	cash benefits in pursuance of Chapters 1 to 4 and 8 of Title III of the Regulation:

Valstybinio socialinio draudimo fondo valdybos Užsienio išmokų tarnyba (Foreign Benefits Office of State Social Insurance Fund Board);

(c)	cash benefits in pursuance of Chapter 6 of Title III of the Regulation:

Lietuvos darbo birža (Lithuanian Labour Exchange);

(d)	cash benefits in pursuance of Chapters 5 and 7 of Title III of the Regulation:

Savivaldybių socialines paramos skyriai (Municipal Social Assistance Departments).’

(f)

Section ‘S. POLAND’ is amended as follows:

Point 12 is replaced by the following:

‘12.	For the purposes of applying Article 102(2) of the implementing Regulation, in conjunction with Article 70 of the Regulation:

Ministerstwo Pracy i Polityki Społecznej (Ministry of Labour and Social Policy), Warszawa.’

(g)

Section ‘X. SWEDEN’ is replaced by the following:

‘X. SWEDEN

1.	For all contingencies except those specified below:

regional offices of Försäkringskassan (Social Insurance Agency).

2.	For mariners not resident in Sweden:

Försäkringskassans länsorganisation Västra Götaland (Social Insurance Agency, Western Götaland).

3.	For application of Article 16 of the Regulation:

Försäkringskassans länsorganisation Gotland (Social Insurance Agency, Gotland).

4.	For application of Article 17 of the Regulation to groups of persons:

Försäkringskassans länsorganisation Gotland (Social Insurance Agency, Gotland).

5.	For application of Article 102(2) of the implementing Regulation:

(a)	head office of Försäkringskassan (Social Insurance Agency).

(b)	for unemployment benefits — Inspektionen för arbetslöshetsförsäkringen (Unemployment Insurance Board).’

(h)

Section ‘Y. UNITED KINGDOM’ is amended as follows:

(i)

Point 1 is replaced by the following:

‘1.

For the purposes of applying Articles 14c, 14d(3) and 17 of the Regulation and Articles 6(1), 11(1), 11a(1), 12a, 13(2) and (3), 14(1), (2) and (3), 80(2), 81, 82(2) and 109 of the implementing Regulation:

Great Britain:

HM Revenue and Customs, Centre for Non-Residents, Benton Park View, Newcastle upon Tyne, NE98 1ZZ;

Northern Ireland:

Department for Social Development, Social Security Agency, Network Support Branch Overseas Benefits Unit, Level 2, James House, 2 - 4 Cromac Street, Belfast, BT7 2JA,

HM Revenue and Customs, Centre for Non-Residents, Benton Park View, Newcastle upon Tyne, NE98 1ZZ.’

(ii)

Point 3 is replaced by the following:

‘3.

For the purposes of applying Articles 85(2), 86(2) and 89(1) of the implementing Regulation:

Great Britain:

HM Revenue and Customs, Child Benefit Office, Newcastle upon Tyne, NE88 1AA,

HM Revenue and Customs, Tax Credit Office, Preston, PR1 0SB;

Northern Ireland:

HM Revenue and Customs, Child Benefit Office (Belfast), Windsor House, 9-15 Bedford Street, Belfast, BT2 7UW,

HM Revenue and Customs, Tax Credit Office (Belfast), Dorchester House, 52-58 Great Victoria Street, Belfast, BT2 7WF.’

23.3.2007

Official Journal of the European Union

L 82/27

COMMISSION DIRECTIVE 2007/17/EC

of 22 March 2007

amending Council Directive 76/768/EEC, concerning cosmetic products, for the purposes of adapting Annexes III and VI thereto to technical progress

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), and in particular Article 8(2) thereof,

After consulting the Scientific Committee on Consumer Products,

Whereas:

(1)

Annex VI to Directive 76/768/EEC establishes a list of preservatives allowed in cosmetic products. The substances listed in Annex VI marked with the symbol (*) may be used in concentrations other than those fixed in that Annex for non-preservative purposes, if the specific purpose is apparent from the presentation of the product. Nevertheless, the use of these substances may be restricted in other Annexes to that Directive.

(2)	The substances listed in Annex VI without the symbol (*) may not be used in concentrations other than those listed in that Annex and the other restrictions set out therein also apply when those substances are used for other specific purposes.

(3)	The Scientific Committee on Consumer Products, hereinafter ‘the SCCP’, has issued an opinion stating that the restrictions for usage level and warnings in Annex VI should also apply if the preservatives marked with the symbol (*) are used for other specific purposes.

(4)	The Commission therefore called upon the industry to submit safety files for substances listed with the symbol (*) when used in higher concentrations for other specific purposes.

(5)	On the basis of those safety-files, the SCCP concluded that the use of several of the preservative substances in Annex VI for other specific purposes in higher concentrations is safe.

(6)

The safe concentration limits for those preservative substances when used for other specific purposes should be included in Annex III to Directive 76/768/EEC. For the sake of clarity, it should be indicated for the relevant entries in Annex III that the same substance is listed in Annex VI to that Directive.

(7)

Substances that were not considered to be safe by the SCCP when used in concentrations other than those laid down in Annex VI for other specific purposes should be subject to the restrictions laid down in that Annex for use as preservatives. The symbol (*) should therefore be deleted from those substances in Annex VI.

(8)	In order to ensure a coherent approach, all substances listed in Annex VI which may also be added to cosmetic products, for other specific purposes, in higher concentrations than those laid down in that Annex should be marked with the symbol (*).

(9)

Moreover, the SCCP considered it safe to increase the maximum concentration of benzoic acid and its sodium salt in rinse-off products and oral-care products and to increase the maximum concentration of zinc pyrithione in rinse-off hair products for preservative use. It is therefore appropriate to amend reference numbers 1 and 8 of Annex VI to Directive 76/768/EEC accordingly.

(10)

The SCCP is also of the opinion that methyldibromo glutaronitrile should not be present in any cosmetic products, as no safe use-levels in cosmetic leave-on and rinse-off products have been established. It is therefore necessary to delete that substance from reference number 36 of Annex VI to Directive 76/768/EEC.

(11)	Directive 76/768/EEC should therefore be amended accordingly.

(12)	The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Cosmetic Products,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annexes III and VI to Directive 76/768/EEC are amended in accordance with the Annex to this Directive.

Article 2

Member States shall take all necessary measures to ensure that from 23 March 2008 no cosmetic products which fail to comply with this Directive are placed on the market by Community manufacturers or by importers established within the Community.

Member States shall take all necessary measures to ensure that those products are not sold or disposed of to the final consumer after 23 June 2008.

Article 3

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 23 September 2007 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 4

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 22 March 2007.

For the Commission

Günter VERHEUGEN

Vice-President

(1) OJ L 262, 27.9.1976, p. 169. Directive as last amended by Commission Directive 2007/1/EC (OJ L 25, 1.2.2007. p. 9).

ANNEX

Directive 76/768/EEC is amended as follows:

(1)

Annex III, Part 1, is amended as follows:

Reference numbers 98 to 101 are added as indicated below:

Reference No

Substance

Restrictions

Conditions of use and warnings which must be printed on the label

Field of application and/or use

Maximum authorised concentration in the finished cosmetic product

Other limitations and requirements

‘98

Salicylic acid (1)

(CAS No 69-72-7)

a)	Rinse-off hair products

b)	Other products

3,0 %

2,0 %

Not to be used in preparations for children under three years of age, except for shampoos.

For purposes other than inhibiting the development of micro-organisms in the product. This purpose has to be apparent from the presentation of the product.

Not to be used for children under three years of age (2)

Inorganic sulfites and bisulfites (3)

a)	Oxidative hair dye products

b)	Hair straightening products

c)	Self tanning products for the face

d)	Other self tanning products

a)	0,67 % expressed as free SO2

b)	6,7 % expressed as free SO2

c)	0,45 % expressed as free SO2

d)	0,40 % expressed as free SO2

For purposes other than inhibiting the development of micro-organisms in the product. This purpose has to be apparent from the presentation of the product.

100

Triclocarban (4)

(CAS No 101-20-2)

Rinse-off products

1,5 %

Purity criteria:

3,3',4,4'-Tetrachloroazobenzene ≤ 1 ppm

3,3',4,4'-Tetrachloroazoxybenzene ≤ 1 ppm

For purposes other than inhibiting the development of micro-organisms in the product. This purpose has to be apparent from the presentation of the product.

101

Zinc pyrithione (5)

(CAS No 13463-41-7)

Leave-on hair products

0,1 %

For purposes other than inhibiting the development of micro-organisms in the product. This purpose has to be apparent from the presentation of the product.

(2)

Annex VI, Part 1, is amended as follows:

a)	In column b, the symbol ‘(*)’ is deleted for the reference numbers 1, 2, 4, 7, 12, 14, 18, 19, 21, 22, 24, 25, 26, 27, 28, 29, 30, 32, 33, 35, 37, 42 and 47.

b)	In column b, the symbol ‘(*)’ is added for the reference numbers 5 and 43.

Reference number 1 is replaced by the following:

Reference No	Substance	Maximum authorised concentration	Limitations and requirements	Conditions of use and warnings which must be printed on the label
a	b	c	d	e
‘1	Benzoic acid (CAS No 65-85-0) and its sodium salt (CAS No 532-32-1)	Rinse-off products, except oral care products: 2,5 % (acid) Oral care products: 1,7 % (acid) Leave-on products: 0,5 % (acid)
1a	Salts of benzoic acid other than that listed under reference number 1 and esters of benzoic acid	0,5 % (acid)’

Reference number 8 is replaced by the following:

Reference No

Substance

Maximum authorised concentration

Limitations and requirements

Conditions of use and warnings which must be printed on the label

‘8

Zinc pyrithione (*)

(CAS No 13463-41-7)

Hair products: 1,0 %

Other products: 0,5 %

Rinse-off products only.

No use in products for oral hygiene.’

e)	Reference number 36 is deleted.

(1) As a preservative, see Annex VI, Part 1, No 3.

(2) Solely for products which might be used for children under three years of age and which remain in prolonged contact with the skin.

(3) As a preservative, see Annex VI, Part 1, No 9.

(4) As a preservative, See Annex VI, Part 1, No 23.

(5) As a preservative, see Annex VI, Part 1, No 8.’

II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

		ISSN 1725-2555
Official Journal of the European Union		L 82

English edition	Legislation	Volume 50 23 March 2007

Contents		I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory	page
		REGULATIONS
	*	Council Regulation (EC) No 309/2007 of 19 March 2007 amending the Financial Regulation of 27 March 2003 applicable to the 9th European Development Fund	1
		Commission Regulation (EC) No 310/2007 of 22 March 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables	4
	*	Commission Regulation (EC) No 311/2007 of 19 March 2007 amending Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community	6
		Commission Regulation (EC) No 312/2007 of 22 March 2007 amending Regulation (EC) No 195/2007 opening the buying-in of butter in certain Member States for the period 1 March to 31 August 2007	24
		Commission Regulation (EC) No 313/2007 of 22 March 2007 concerning tenders notified in response to the invitation to tender for the export of common wheat issued in Regulation (EC) No 936/2006	25
		Commission Regulation (EC) No 314/2007 of 22 March 2007 on the issuing of export licences for wine-sector products	26
		DIRECTIVES
	*	Commission Directive 2007/17/EC of 22 March 2007 amending Council Directive 76/768/EEC, concerning cosmetic products, for the purposes of adapting Annexes III and VI thereto to technical progress ( 1 )	27

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	IL	175,4
	MA	87,6
	TN	143,7
	TR	126,9
	ZZ	133,4
0707 00 05	JO	171,8
	TR	117,0
	ZZ	144,4
0709 90 70	MA	68,8
	TR	113,3
	ZZ	91,1
0805 10 20	CU	47,3
	EG	45,1
	IL	60,4
	MA	55,4
	TN	52,8
	TR	95,3
	ZZ	59,4
0805 50 10	EG	58,7
	IL	62,3
	TR	52,5
	ZZ	57,8
0808 10 80	AR	84,4
	BR	95,6
	CL	78,7
	CN	99,0
	US	117,2
	UY	60,8
	ZA	106,4
	ZZ	91,7
0808 20 50	AR	67,1
	CL	96,8
	CN	73,6
	UY	70,9
	ZA	73,7
	ZZ	76,4

Eligible	:	Area under certified Gramineae (grass) and Leguminosae (legumes) seeds of species listed in Annex XI to Regulation (EC) No 1782/2003 with the exception of Phleum pratense L. (Timothy).
Maximum aid per hectare	:	EUR 220
Maximum budget	:	EUR 442 200

Eligible	:	Area under certified seed of wheat, oats, barley and rye.
Maximum aid per hectare	:	EUR 73
Maximum budget	:	EUR 2 190 000.

	II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory
	DECISIONS
	Commission
	2007/179/EC
*	Commission Decision of 22 March 2007 authorising Finnish aid for seeds and cereal seed in respect of the year 2006 (notified under document number C(2007) 1280)	31