(1)

Recent scientific advice from the International Council for the Exploration of the Sea (ICES) has indicated that the stocks of plaice and of sole in the North Sea have been subjected to levels of mortality by fishing which have exceeded the level determined by ICES as being consistent with the precautionary approach, and the stocks are at risk of being harvested unsustainably.

(2)

Advice from a committee of experts examining multiannual management strategies indicates that the highest yield of sole can be taken at a fishing mortality rate of 0,2 on ages two to six years.

(3)

The Scientific, Technical and Economic Committee for Fisheries (STECF) has advised that the precautionary biomass for the stock of plaice in the North Sea should be 230 000 tonnes, that the fishing mortality rate necessary to produce the highest yield from the stock of plaice in the North Sea in the long term is 0,3 and that the precautionary biomass for the stock of sole in the North Sea should be 35 000 tonnes.

(4)

Measures need to be taken to establish a multiannual plan for fisheries management of the stocks of plaice and sole in the North Sea. Such measures, where they concern the stock of plaice in the North Sea, are to be established in the light of consultations with Norway.

(5)

The objective of the plan is to ensure, in a first stage, that stocks of plaice and sole in the North Sea are brought within safe biological limits, and in a second stage and after due consideration by the Council on the implementing methods for doing so that those stocks, are exploited on the basis of maximum sustainable yield and under sustainable economic, environmental and social conditions.

(6)

Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (2) requires, inter alia, that to achieve that objective, the Community is to apply the precautionary approach in taking measures to protect and conserve the stock, to provide for its sustainable exploitation and to reduce to a minimum the impact of fishing on marine ecosystems.

(7)

This Regulation should aim at a progressive implementation of an ecosystem-based approach to fisheries management, and should contribute to efficient fishing activities within an economically viable and competitive fisheries industry, providing a fair standard of living for those who depend on fishing North Sea plaice and sole and taking into account the interest of consumers. The Community bases its policy partly on the policy recommended by the appropriate Regional Advisory Council (RAC). A large part of the catches of plaice in the North Sea are taken together with catches of sole. The management of plaice cannot be addressed independently of the management of sole.

(8)

Consequently, in drawing up the multiannual plan, account should also be taken of the fact that the high fishing mortality rate for plaice is due to a great extent to the large discards from beam-trawl sole fishing with 80mm nets in the southern North Sea.

(9)

Such control of the fishing mortality rates can be achieved by establishing an appropriate method for the establishment of the level of total allowable catches (TACs) of the stocks concerned, and a system including limitations on permissible days at sea whereby fishing efforts on those stocks are restricted to levels at which the TACs and planned fishing mortality rates are unlikely to be exceeded, but are sufficient to catch the TAC allowed on the basis of the fishing mortality rates established in the plan.

(10)

The plan should cover all flatfish fisheries having a significant impact on the fishing mortality of the plaice and sole stocks concerned. However, Member States whose quotas for either stock are less than 5 % of the European Community's share of the TAC should be exempted from the provisions of the plan concerning effort management.

(11)

This plan should be the main instrument for flatfish management in the North Sea, and should contribute to the recovery of other stocks such as cod.

(12)

Control measures in addition to those laid down in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the Common Fisheries Policy (3) need to be included in order to ensure compliance with the measures laid down in this Regulation.

(13)

In 2006 the Commission initiated a debate concerning a Community strategy for a gradual reduction in fishing mortality in all major fisheries by means of a communication concerning the attainment of the maximum sustainable yield objective by 2015. The Commission has submitted this communication to the RACs for their opinion.

(14)

The Commission has requested STECF to report on key aspects of impact assessment in relation to the management of plaice and sole, which should be based on accurate, objective and comprehensive biological and financial information. That impact assessment will be annexed to the Commission's proposal concerning the second stage of the multiannual plan.

(15)

The multiannual plan should be deemed to be a recovery plan during its first stage and a management plan during its second stage, within the meaning of Articles 5 and 6 of Regulation (EC) No 2371/2002,

(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 1961/2001 (2) lays down the detailed rules of application for export refunds on fruit and vegetables.

(2)

Article 35(1) of Regulation (EC) No 2200/96 provides that, to the extent necessary for economically significant exports, the products exported by the Community may be covered by export refunds, within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.

(3)

Under Article 35(2) of Regulation (EC) No 2200/96, care must be taken to ensure that the trade flows previously brought about by the refund scheme are not disrupted. For this reason and because exports of fruit and vegetables are seasonal in nature, the quantities scheduled for each product should be fixed, based on the agricultural product nomenclature for export refunds established by Commission Regulation (EEC) No 3846/87 (3).These quantities must be allocated taking account of the perishability of the products concerned.

(4)

Article 35(4) of Regulation (EC) No 2200/96 provides that refunds must be fixed in the light of the existing situation and outlook for fruit and vegetable prices on the Community market and supplies available, on the one hand, and, on the other hand, prices on the international market. Account must also be taken of the transport and marketing costs and of the economic aspect of the exports planned.

(5)

In accordance with Article 35(5) of Regulation (EC) No 2200/96, prices on the Community market are to be established in the light of the most favourable prices from the export standpoint.

(6)

The international trade situation or the special requirements of certain markets may call for the refund on a given product to vary according to its destination.

(7)

Tomatoes, oranges, lemons, table grapes, apples and peaches of classes Extra, I and II of the common quality standards can currently be exported in economically significant quantities.

(8)

In order to ensure the best use of available resources and in view of the structure of Community exports, it is appropriate to proceed by an open invitation to tender and to set the indicative refund amount and the scheduled quantities for the period concerned.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,

(1)

Article 3(3) of Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for the implementation of Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables (2) stipulates that the Commission is to publish the amount of the aid for peaches for processing before 31 May.

(2)

For the Member States of the Community as constituted on 31 December 2006, compliance with the national and Community thresholds for processing peaches referred to in Article 5(1) of Regulation (EC) No 2201/96 is examined on the basis of the quantities aided in the three preceding marketing years for which definitive data are available for all the Member States in question.

(3)

The average quantity of peaches processed under the aid scheme over the previous three marketing years is below the Community threshold. The aid to be applied for the 2007/2008 marketing year in each Member State concerned must therefore be the amount set in Article 4(2) of Regulation (EC) No 2201/96.

(4)

The mechanism for examining compliance with the national processing thresholds provided for in Article 5 of Regulation (EC) No 2201/96 is not immediately applicable to Bulgaria and Romania. Transitional measures for its application should therefore be laid down. For the 2007/2008 marketing year, for which there are no data which can be used to examine compliance with the national and Community thresholds for processing peaches in those Member States, and as a precautionary measure, provision should be made for a prior reduction in the aid, to be reimbursed if the thresholds have not been exceeded at the end of that marketing year.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,

(1)

Directive 76/756/EEC is one of the separate Directives in the context of the EC type-approval procedure established by Directive 70/156/EEC. The provisions of Directive 70/156/EEC relating to systems, components and separate technical units for vehicles therefore apply to Directive 76/756/EEC.

(2)

In order to increase road safety by improving the conspicuity of large trucks and their trailers the obligation for fitting retro reflective marking on these vehicles should be introduced into Directive 76/756/EEC.

(3)

In order to take into account further amendments to UN/ECE Regulation No 48 (3) on which the Community has already voted upon, it is appropriate to adapt Directive 76/756/EEC to technical progress by aligning it to the technical requirements of this UN/ECE Regulation. In the interest of clarity Annex II to Directive 76/756/EEC should be replaced.

(4)

Directive 76/756/EEC should therefore be amended accordingly.

(5)

The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress,

(1)

It is vital to ensure the independence, high scientific quality, transparency and efficiency of the European Food Safety Authority (‘Authority’). Cooperation with Member States is also indispensable.

(2)

A seat as a member of the Management Board of the Authority, appointed until 30 June 2008, has become vacant as a result of resignation.

(3)

The candidatures have been examined with a view to appointing a new member of the Management Board on the basis of the documentation provided by the Commission and in the light of the views expressed by the European Parliament with the aim of securing the highest standard of competence, a broad range of relevant expertise, for instance in management and in public administration, and the broadest possible geographic distribution within the Union,

(1)

Commission Decision 96/587/EC (2) listed the organisations recognised by the Member States in accordance with Directive 94/57/EC.

(2)

In accordance with Article 4(5) of Directive 94/57/EC, the organisations which on 22 January 2002 are already recognised on the basis of the said Directive shall continue to be recognised.

(3)

Commission Decision 2005/623/EC (3) extended the limited recognition of the Hellenic Register of Shipping for a period of three years, with effects for Greece and Cyprus.

(4)

Commission Decision 2006/382/EC (4) extended the limited recognition of the Hellenic Register of Shipping with effects for Malta.

(5)

Commission Decision 2006/660/EC (5) granted Community limited recognition to the Polish Register of Shipping for a period of three years with effects for the Czech Republic, Cyprus, Lithuania, Malta, Poland and the Slovak Republic.

(6)

Decision 96/587/EC, now obsolete, should therefore be repealed while an updated list of the organisations recognised in compliance with Directive 94/57/EC should be published in the Official Journal of the European Union at regular intervals,

(1)

Commission Decision 92/452/EEC of 30 July 1992 establishing lists of embryo collection teams and embryo production teams approved in third countries for export of bovine embryos to the Community (2) provides that Member States are only to import embryos from third countries where they have been collected, processed and stored by embryo collection teams and embryo production teams listed in that Decision.

(2)

Argentina and the United States of America have requested that amendments be made to the entries for those countries on those lists as regards certain embryo collection and production teams.

(3)

Argentina and the United States of America have provided guarantees regarding compliance with the appropriate rules set out in Directive 89/556/EEC and the embryo collection and production teams concerned have been officially approved for exports to the Community by the veterinary services of those countries.

(4)

Australia has requested that certain entries for that country on the lists should be deleted.

(5)

Decision 92/452/EEC should therefore be amended accordingly.

(6)

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

(1)

By Common Position 2004/293/CFSP the Council adopted measures to prevent the entry into, or transit through, the territories of Member States of individuals who are engaged in activities which help persons at large continue to evade justice for crimes for which they have been indicted by the International Criminal Tribunal for the former Yugoslavia (ICTY), or who are otherwise acting in a manner which could obstruct the ICTY's effective implementation of its mandate.

(2)

Following the transfer of Ante Gotovina to the custody of the ICTY, certain individuals referred to in Article 2 of the Common Position and connected with Mr Gotovina should be removed from the list. An update of the details of the remaining persons on the list is also necessary.

(3)

In addition, other persons who are engaged in activities which help persons at large continue to evade justice for crimes for which they have been indicted by the ICTY, or who are otherwise acting in a manner which could obstruct the ICTY's effective implementation of its mandate, should be listed.

(4)

The list contained in the Annex to Common Position 2004/293/CFSP should be amended accordingly,