(1)

By way of derogation from Council Regulation (EC) No 2597/97 of 18 December 1997 laying down additional rules on the common organization of the market in milk and milk products for drinking milk (1), Commission Regulation (EC) No 749/2004 of 22 April 2004 laying down transitional measures as regards drinking milk produced in Estonia (2) provides for the possibility for drinking milk produced in Estonia with a fat content of 2,5 % to be delivered and sold in Estonia. That derogation expires on 30 April 2007.

(2)

In view of Estonian consumer habits and of the difficulties of adapting to Community rules and taking into account the fact that similar derogations in several other Member States will expire on 30 April 2009, it is appropriate to extend the derogation allowing the delivery and sale in Estonia of drinking milk produced in Estonia with a fat content of 2,5 %,

(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)

Commission Regulation (EC) No 936/97 (2) provides for the opening and administration, on a multi-annual basis, of a number of quotas of high-quality beef.

(2)

Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (3) applies to import licences for import tariff quota periods starting from 1 January 2007. Regulation (EC) No 1301/2006 lays down in particular detailed provisions on applications for import licences, the status of applicants and the issue of licences. That Regulation limits the period of validity of licences to the last day of the import tariff quota period. The provisions of Regulation (EC) No 1301/2006 should apply, from 1 July 2007, to imports licences issued pursuant to Regulation (EC) No 936/97, without prejudice to additional conditions laid down in that Regulation. It is necessary to align the provisions of Regulation (EC) No 936/97 on Regulation (EC) No 1301/2006 where appropriate.

(3)

Article 5(2) of Regulation (EC) No 936/97 provides that Member States should notify the Commission of the total quantity covered by applications on the second working day following the closing date for their submission. Article 5(4) of the same Regulation provides that, subject to a decision of the Commission to accept applications, licences should be issued on the 11th day of each month. For practical reasons, it should be provided that the licences should be issued on the 15th day of each month. Because of the schedule of public holidays in 2007, this amendment should apply from April 2007.

(4)

Some provisions of Regulation (EC) No 936/97 relating to import tariff quota periods in the past are obsolete. For the sake of clarity, those provisions should be deleted.

(5)

Article 5(1) of Commission Regulation (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef and veal sector and repealing Regulation (EEC) No 2377/80 (4) provides that, without prejudice to more specific provisions, licence applications should be made for products of a single CN subheading or one of the groups of CN subheadings listed in Annex I of that Regulation. In view of the range of products that can be imported under Regulation (EC) No 936/97, applicants should be entitled to sub-divide their single application for the same quota order number by CN code or group of CN codes.

(6)

Regulation (EC) No 936/97 should therefore be amended accordingly.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,

1.

In Article 1, paragraph 1 is replaced by the following:

2.

Article 2 is amended as follows:

3.

In Article 3, paragraph 2 is replaced by the following:

4.

Article 4 is amended as follows:

5.

Article 5 is replaced by the following:

6.

In Article 8(2), point (a) is replaced by the following:

7.

Article 9 is replaced by the following:

8.

Article 10 is replaced by the following:

(*1)   OJ L 152, 24.6.2000, p. 1."

(*2)   OJ L 238, 1.9.2006, p. 13.’ "

(1)

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 (3) lays down the animal health requirements relating to imports of certain birds, other than poultry, as specified in that Decision, and the quarantine requirements for such birds.

(2)

Following the outbreaks of highly pathogenic avian influenza of the Asian lineage in South-East Asia in 2004, the Commission adopted several Decisions banning amongst other commodities the import of birds, other than poultry, from affected third countries.

(3)

Following the spread of avian influenza of the Asian lineage to Europe by migratory birds and the case of avian influenza of the Asian lineage detected in a quarantine facility in the United Kingdom, Commission 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 (4) was adopted. That Decision suspends imports of birds, other than poultry, from all third countries because of the risks posed by affected wild birds.

(4)

In order to draw up an inventory of the risks posed by the import of captive birds, the Commission on 13 April 2005 requested the European Food Safety Authority (EFSA) to provide a scientific opinion on the risks posed by imports of birds caught in the wild and captive bred birds from third countries.

(5)

Following that request, the EFSA Panel on animal health and welfare adopted, during their meeting of 26 and 27 October 2006, a Scientific Opinion on the Animal health and welfare risks associated with the import of wild birds, other than poultry, into the Community. That Scientific Opinion identifies possible tools and options which can reduce any identified animal health risk related to imports of birds other than poultry.

(6)

Taking account of the conclusions and recommendations laid down in the EFSA Scientific Opinion, the requirements laid down in Decision 2000/666/EC should be revised.

(7)

The EFSA Scientific Opinion identifies, in particular, the fact that data relating to imports of such birds is sparse. Further data collection on these imports should therefore be considered.

(8)

One of the recommendations of the EFSA Scientific Opinion relates to controls carried out in the third countries exporting birds, other than poultry, to the Community. Improvements at the point of export should have most impact in reducing the probability that infected birds are presented for entry into the Community. For that reason, import conditions should be laid down in this Regulation in such a way that only imports from third countries authorised for imports into the Community of such birds are allowed.

(9)

Another EFSA recommendation relates to imports of birds caught in the wild. The Scientific Opinion identifies the risk caused by those birds that may be infected due to lateral spread from other infected wild birds and from the contaminated environment, as well as overspill from infected poultry. Taking into account the role played by wild migratory birds in the spread of avian influenza from Asia to Europe in 2005 and 2006, it is appropriate to limit imports of birds, other than poultry, only to birds bred in captivity.

(10)

It is seldom possible to distinguish with certainty between birds that have been caught in the wild and captive bred birds. Methods of marking can be applied to both types of birds without it being possible to distinguish between them. It is therefore appropriate to limit imports of birds, other than poultry, to breeding establishments that are approved by the competent authority of the third country of export, and to lay down certain minimum conditions for such approval.

(11)

Certain imports of birds are covered by other Community legislation. Therefore, they should be excluded from the scope of this Regulation.

(12)

The animal health risk posed by racing pigeons that are brought into the Community to be released again so that they may fly back to their origin is such that they should be excluded form the scope of this Regulation.

(13)

In addition, certain third countries have animal health conditions that are equivalent to those provided for in Community legislation. Therefore, imports of birds from those countries should be excluded from the scope of this Regulation.

(14)

Member States should communicate to the Commission certain information concerning approved quarantine facilities and centres in order that the Commission is in a position to publish a list of approved quarantine facilities and centres and keep that list up to date. It is appropriate that that list be inserted in an Annex to this Regulation.

(15)

It is appropriate to lay down further import procedures relating to the transfer from the border inspection post to the approved quarantine facilities or centres upon entry into the Community in order to ensure that imported birds arrive at the designated approved quarantine facility or centre within a reasonable time period.

(16)

Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (5) was adopted to take account of the experienced gained in the control of avian influenza in recent years. Based on that Directive, Commission Decision 2006/437/EC of 4 August 2006 approving a Diagnostic Manual for avian influenza as provided for in Council Directive 2005/94/EC (6) (the diagnostic manual) was adopted laying down at Community level diagnostic procedures, sampling methods and criteria for the evaluation of the results of laboratory tests for the confirmation of an outbreak of avian influenza. Account should be taken of that Decision when laying down the testing regimes for avian influenza in approved quarantine facilities and centres in this Regulation.

(17)

Certain derogations should also be considered for those birds found to be infected with low pathogenic avian influenza and Newcastle disease in an approved quarantine facility or centre, in those cases where the occurrence of disease does not pose a risk to the animal health status of the Community.

(18)

For the sake of clarity of Community legislation, Decision 2000/666/EC should be repealed and replaced by this Regulation.

(19)

As a result of the more stringent animal health conditions laid down in this Regulation, Decision 2005/760/EC should be repealed.

(20)

Transitional measures should be laid down for those quarantine facilities or centres that are approved under Decision 2000/666/EC, in order that imports via such facilities and centres may continue while approval is granted under this Regulation.

(21)

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

(a)

fowl, turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants, partridges and ratites (Ratitae) reared or kept in captivity for breeding, the production of meat or eggs for consumption, or for re-stocking supplies of game (poultry);

(b)

birds imported for conservation programmes approved by the competent authority in the Member State of destination;

(c)

pet animals referred to in the third paragraph of Article 1 of Directive 92/65/EEC, accompanying their owner;

(d)

birds intended for zoos, circuses, amusement parks or experiments;

(e)

birds destined for bodies, institutes or centres approved according to Article 13 of Directive 92/65/EEC;

(f)

racing pigeons which are introduced to the territory of the Community from a neighbouring third country where they are normally resident and then immediately released with the expectation that they will fly back to that third country;

(g)

birds imported from Andorra, Liechtenstein, Monaco, Norway, San Marino, Switzerland, and the Vatican City State.

(a)

‘birds’ means animals of avian species other than those referred to in points (a) to (g) of Article 2;

(b)

‘approved breeding establishment’ means:

(c)

‘captive bred birds’ means birds that have not been caught in the wild but have been born and bred in captivity from parents that mated or had gametes otherwise transferred in captivity;

(d)

‘seamlessly closed leg-ring’ means a ring or band in a continuous circle, without any break or join, which has not been tampered with in any way, of a size which cannot be removed from the bird when its leg is fully grown after having been applied in the first days of the bird's life and which has been commercially manufactured for that purpose;

(e)

‘approved quarantine facility’ means premises, other than quarantine centres:

(f)

‘approved quarantine centre’ means premises:

(g)

‘sentinel birds’ means poultry which are to be used as a diagnostic aid during quarantine;

(h)

‘diagnostic manual’ means the Diagnostic Manual for avian influenza set out in the Annex to Decision 2006/437/EC;

(i)

‘Local Veterinary Unit (LVU)’ means any local authority of a Member State designated as such.

(a)

the breeding establishment must be approved by the competent authority in accordance with the conditions set out in Annex II, and assigned an approval number;

(b)

that approval number must have been communicated to the Commission by that authority;

(c)

the name and approval number of the breeding establishment must appear on a list of breeding establishments drawn up by the Commission;

(d)

the approval of the breeding establishment must be immediately withdrawn or suspended by the competent authority where it no longer complies with the conditions set out in Annex II and the Commission must be immediately informed thereof.

(a)

the birds are captive bred birds;

(b)

the birds must originate from third countries or parts thereof referred to Annex I;

(c)

the birds were subjected to a laboratory virus detection test 7 to 14 days prior to shipment with negative results for any avian influenza and Newcastle disease virus;

(d)

the birds have not been vaccinated against avian influenza;

(e)

the birds are accompanied by an animal health certificate in accordance with the model set out in Annex III (the animal health certificate);

(f)

the birds are identified with an individual identification number by means of a uniquely marked seamlessly closed leg-ring or a microchip in accordance with Article 66(2) of Commission Regulation (EC) No 865/2006 (7);

(g)

the individual identification number of leg-rings or microchips provided for in point (f) must bear at least the following information;

(h)

the individual identification number provided for in point (f) must be registered on the animal health certificate;

(i)

the birds are transported in new containers which are individually identified externally with an identification number that must correspond with the identification number indicated on the animal health certificate.

(a)

clearly indicate the name and address and approval number of the quarantine facility or centre;

(b)

reach the border inspection post via e-mail or fax prior to time of arrival of the consignment at that post or shall be presented by the importer or his agent before the birds are released from the border inspection post.

(1)

Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2007.

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2007.

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

(1)

Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2007.

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of, or registered in, the Member State referred to therein have exhausted the quota allocated for 2007.

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

(1)

In point 4 of the Annex to Commission Regulation (EEC) 396/92 (2) certain vehicles with a reinforced hydraulically-tippable flatbed have been classified within the Combined Nomenclature under CN Code 8704 31 91. According to the same point, the versatility and intricate construction of the tippable flatbed prevent this article from being considered as a dumper covered by CN Code 8704 10.

(2)

In its judgment in case C-396/02 (3) the Court of Justice of the European Communities ruled that the fact that a flatbed vehicle is equipped with an intricate, versatile and precise tipping function does not exclude its classification as a dumper within the meaning of subheading 8704 10 of the Combined Nomenclature.

(3)

Since the classification measure laid down in Regulation (EEC) No 396/92 is not in accordance with the said judgment of the Court, which found the point 4 to be incorrect, this Regulation should be amended insofar as it classifies hydraulically-tippable vehicles under CN code 8704 31. Therefore it is appropriate to delete the point 4 and revoke it as from 10 March 1992.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

(1)

On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2)

One member’s seat on the Committee of the Regions has become vacant following the end of the mandate of Mr Guido MILANA and two alternate members’ seats have become vacant following the resignation of Mr Salvatore CUFFARO and Mr Giovanni MASTROCINQUE,

(a)

as a member:

(b)

as alternate members:

(1)

On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2)

An alternate member’s seat has become vacant following the resignation of Ms P.C. KRIKKE,

(1)

Chronic wasting disease is a transmissible spongiform encephalopathy (TSE) affecting cervids, which is widespread in North America but which has never been reported to date in the Community.

(2)

On 3 June 2004, the European Food Safety Authority (EFSA) published an opinion recommending that a targeted surveillance should be undertaken of cervids in the Community. The aim of such surveillance would be to detect the possible presence of TSEs in cervids. Accordingly, provision should be made for Member States to carry out surveys in line with that opinion.

(3)

Regulation (EC) No 999/2001 lays down rules for the prevention, control and eradication of TSEs in animals. That Regulation, as amended by Regulation (EC) No 1923/2006 lays down provision for monitoring programmes for TSEs in cervids. Accordingly, it is now possible to provide for surveys for TSEs in cervids to be carried out by Member States in this Decision.

(4)

Those surveys should include wild and farmed deer species. Since wild deer should primarily be sampled during the hunting season which is of limited duration, in order to allow Member States sufficient time to achieve target numbers of samples, this Decision should therefore apply following the adoption of Regulation (EC) No 1923/2006 amending Regulation (EC) No 999/2001.

(5)

Member States should submit an annual report of the results of those surveys on cervids. The detection of a positive finding of TSE in cervids must be immediately reported to the Commission.

(6)

Member States should ensure that cervids tested for TSEs do not enter the commercial food chain until a negative result has been obtained.

(7)

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

(a)

a report immediately following the discovery of a positive or inconclusive finding for transmissible spongiform encephalopathy in a cervid;

(b)

an annual report of the results of surveys as set out in Annex IV.

(1)

Following outbreaks of avian influenza in south-eastern Asia in 2004, caused by a highly pathogenic strain of the virus, the Commission adopted several protection measures. Those measures included, in particular, Commission 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 (4). That Decision currently applies until 31 March 2007.

(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) lays down the animal health requirements relating to imports of certain birds, other than poultry, as specified in that Decision, and the quarantine requirements for such birds.

(3)

The European Food Safety Authority (EFSA) Panel on animal health and welfare (AHAW) adopted on 27 October 2006 a Scientific Opinion on the animal health and welfare risks associated with the import of wild birds, other than poultry, into the Community (the Opinion). The Opinion has identified a number of areas where changes in Community animal health conditions for imports of those birds would significantly reduce any identified health risk related to such imports. Based on the Opinion, the animal health conditions for such imports have been reviewed and Decision 2000/666/EC has been repealed and replaced by Commission Regulation (EC) No 318/2007 (6).

(4)

As the new animal health conditions provided for in Regulation (EC) No 318/2007 are stricter than those currently in force, that Regulation will not enter into force until 1 July 2007 in order to give Member States and the third countries exporting such birds to the Community time to adapt to the new measures.

(5)

In the light of the Opinion and the current world animal health situation regarding avian influenza, imports of such birds without stringent import requirements should not take place.

(6)

The protective measures provided for in Decision 2005/760/EC should therefore continue to apply until 30 June 2007. Accordingly, the date of application of that Decision should be amended.

(7)

Decision 2005/760/EC should therefore be amended accordingly.

(8)

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