ISSN 1725-2555 |
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Official Journal of the European Union |
L 258 |
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English edition |
Legislation |
Volume 50 |
Contents |
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DIRECTIVES |
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II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
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DECISIONS |
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2007/637/EC |
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2007/638/EC |
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2007/639/EC |
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Corrigenda |
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Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory
REGULATIONS
4.10.2007 |
EN |
Official Journal of the European Union |
L 258/1 |
COUNCIL REGULATION (EC) No 1151/2007
of 26 September 2007
opening autonomous and transitional Community tariff quotas for the import of certain agricultural products originating in Switzerland
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) |
Following the accession of Bulgaria and Romania to the European Union, agricultural trade flows should be maintained in accordance with the preferences granted previously under the bilateral arrangements between the two Member States and Switzerland. The Community and Switzerland have agreed to proceed with the adaptation of tariff concessions within the framework of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (1) (hereinafter referred to as ‘the Agreement’), which entered into force on 1 June 2002. The adaptation of these concessions should include the opening of new Community tariff quotas for the import of strawberries (CN code 0810 10 00), chard (or white beet) and cardoons (CN code 0709 90 20) originating in Switzerland. |
(2) |
The bilateral procedures for adapting the concessions in Annexes 1 and 2 to the Agreement will take time. To ensure that quota benefit is available until the entry into force of that adaptation, it is appropriate to open these tariff quotas on an autonomous and transitional basis. |
(3) |
Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2) provides for a system for managing tariff quotas. The tariff quotas opened by this Regulation should be managed by the Commission and the Member States in accordance with that system. |
(4) |
The rules of origin provided for in Article 4 of the Agreement should apply, |
HAS ADOPTED THIS REGULATION:
Article 1
1. A duty-free Community tariff quota for products falling within CN code 0810 10 00 originating in Switzerland is hereby opened annually, on an autonomous and transitional basis, for the period from 1 January to 31 December.
The order number of the quota shall be 09.0948. The annual volume shall be 200 tonnes net weight.
2. A duty-free Community tariff quota for products falling within CN code 0709 90 20 originating in Switzerland is hereby opened annually, on an autonomous and transitional basis, for the period from 1 January to 31 December.
The order number of the quota shall be 09.0950. The annual volume shall be 300 tonnes net weight.
3. In 2007, the tariff quotas provided for in paragraphs 1 and 2 shall be opened for the period from 1 September to 31 December, for the full annual volumes provided for in paragraphs 1 and 2.
4. The tariff quotas provided for in paragraphs 1 and 2 shall expire on 31 December 2009.
5. The rules of origin provided for in Article 4 of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products shall apply to the products referred to in paragraphs 1 and 2 of this Article.
Article 2
The tariff quotas provided for in Article 1 shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 September 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 September 2007.
For the Council
The President
J. SILVA
(1) OJ L 114, 30.4.2002, p. 132. Agreement as last amended by Decision No 1/2007 of the Joint Committee on Agriculture (OJ L 173, 3.7.2007, p. 31).
(2) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 214/2007 (OJ L 62, 1.3.2007, p. 6).
4.10.2007 |
EN |
Official Journal of the European Union |
L 258/3 |
COUNCIL REGULATION (EC) No 1152/2007
of 26 September 2007
amending Regulation (EC) No 1255/1999 on the common organisation of the market in milk and milk products
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament (1),
Whereas:
(1) |
Article 7(1) of Council Regulation (EC) No 1255/1999 (2) sets up the minimum requirement for the protein content of skimmed milk powder bought into intervention at 35,6 % of the non-fatty dry extract. Following the allowance in the Community of standardisation to 34 % of certain dehydrated preserved milk, it is appropriate for the good management of intervention stocks to provide that the intervention quality is fixed at that level. The intervention price of skimmed milk powder, set up in Article 4(1) of that Regulation, should be amended to take into account the new standard for protein content. |
(2) |
Article 6(1) of Regulation (EC) No 1255/1999 provides for the buying in of butter by the intervention agencies when market prices of butter over two weeks are less than 92 % of the intervention prices. The operation of such arrangement is administratively cumbersome. In the light of the most recent amendments of the intervention system and with a view to simplifying that system, the trigger arrangement should be abolished. |
(3) |
Article 6(3) of Regulation (EC) No 1255/1999 provides that aid for private storage of butter can only be granted on butter classified according to national quality grades. The application of different quality grades in Member States leads to different treatment with respect to the aid. In order to provide for equal treatment and simplify the administration for the aid for private storage, the national quality criteria should be replaced by Community criteria used for other market support. |
(4) |
In accordance with Article 6(3) of Regulation (EC) No 1255/1999, aid for private storage of cream is to be granted as a market support measure. Equally, pursuant to Article 7(3) of that Regulation aid for private storage of skimmed milk powder may be granted. These two support measures have in practice been inactive for a long time, even when there was a serious imbalance on the markets for milk fat and proteins. They may therefore be considered obsolete and should be abolished. |
(5) |
Article 13(1)(b) of Regulation (EC) No 1255/1999 provides for the possibility for military forces to buy butter at reduced prices. However, that provision has not been applied since 1989 and such support scheme is deemed not necessary. |
(6) |
Article 14(3) of Regulation (EC) No 1255/1999 sets up the aid level for milk supplied to pupils in educational establishments and provides for the adaptation of the aid level for other eligible products. With a view to simplify the school milk scheme, while responding to today’s health and nutritional tendencies, a flat rate aid should be set for all categories of milk. |
(7) |
Article 26 of Regulation (EC) No 1255/1999 provides for the obligatory use of an import licence for all imports of products referred to in Article 1 thereof. Monitoring systems other than the licensing system are now available providing more accurate, updated and transparent information. Where appropriate, such systems should equally be applied for the import of dairy products. The request for an import licence should therefore not be compulsory, whilst the Commission should be empowered to introduce a licensing system when necessary. |
(8) |
Regulation (EC) No 1255/1999 should be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1255/1999 is hereby amended as follows:
1. |
Article 4(1)(b) shall be replaced by the following:
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2. |
Article 6 shall be amended as follows:
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3. |
Article 7 shall be amended as follows:
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4. |
Article 10(a) shall be replaced by the following:
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5. |
Article 13(1)(b) shall be deleted. |
6. |
Article 14(3) shall be replaced by the following: ‘3. The Community aid shall be:
The amounts of aid for other eligible milk products shall be determined taking into account the milk components of the product concerned.’. |
7. |
Article 26 shall be amended as follows:
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Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2008. However, points 1 and 3 of Article 1 shall apply from 1 September 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 September 2007.
For the Council
The President
J. SILVA
(1) Opinion of 5 September 2007 (not yet published in the Official Journal).
(2) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).
4.10.2007 |
EN |
Official Journal of the European Union |
L 258/6 |
COUNCIL REGULATION (EC) No 1153/2007
of 26 September 2007
amending Regulation (EC) No 2597/97 laying down additional rules on the common organisation of the market in milk and milk products for drinking milk
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament (1),
Whereas:
(1) |
Article 3 of Council Regulation (EC) No 2597/97 (2) sets up the products to be considered drinking milk, in particular with regard to their fat content. |
(2) |
In order to facilitate the changeover from existing pre-accession national rules to Community rules, several transitional derogations have been adopted on the occasion of recent accessions. |
(3) |
Taking into account various consumer habits in different Member States as well as the expiring derogations, it seems appropriate to allow the marketing, as drinking milk, of products with a fat content other than the existing three categories. |
(4) |
In order to provide clarity for the consumers, such milk should however not be called whole milk, semi-skimmed milk or skimmed milk but have its fat content percentage clearly indicated on the packaging. |
(5) |
Regulation (EC) No 2597/97 should be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
The following subparagraph shall be added to Article 3(1) of Regulation (EC) No 2597/97:
‘Heat treated milk not complying with the fat content requirements laid down in points (b), (c) and (d) of the first subparagraph shall be considered drinking milk provided that the fat content is clearly indicated with one decimal and easily readable on the packaging in the form of “… % fat”. Such milk shall not be described as whole milk, semi-skimmed milk or skimmed milk.’.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 September 2007.
For the Council
The President
J. SILVA
(1) Opinion of 5 September 2007 (not yet published in the Official Journal).
(2) OJ L 351, 23.12.1997, p. 13. Regulation as amended by Regulation (EC) No 1602/1999 (OJ L 189, 22.7.1999, p. 43).
4.10.2007 |
EN |
Official Journal of the European Union |
L 258/7 |
COMMISSION REGULATION (EC) No 1154/2007
of 3 October 2007
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(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, |
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 4 October 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 October 2007.
For the Commission
Jean-Luc DEMARTY
Director-General for Agriculture and Rural Development
(1) OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 756/2007 (OJ L 172, 30.6.2007, p. 41).
ANNEX
to Commission Regulation of 3 October 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg) |
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CN code |
Third country code (1) |
Standard import value |
0702 00 00 |
MK |
43,3 |
TR |
100,0 |
|
XS |
28,3 |
|
ZZ |
57,2 |
|
0707 00 05 |
EG |
135,3 |
JO |
151,2 |
|
TR |
109,7 |
|
ZZ |
132,1 |
|
0709 90 70 |
JO |
139,2 |
TR |
116,2 |
|
ZZ |
127,7 |
|
0805 50 10 |
AR |
79,4 |
TR |
83,7 |
|
UY |
82,9 |
|
ZA |
73,4 |
|
ZZ |
79,9 |
|
0806 10 10 |
BR |
280,7 |
IL |
284,6 |
|
MK |
32,4 |
|
TR |
94,0 |
|
US |
228,9 |
|
ZZ |
184,1 |
|
0808 10 80 |
AR |
87,7 |
AU |
173,8 |
|
BR |
45,1 |
|
CL |
78,0 |
|
NZ |
91,9 |
|
US |
96,6 |
|
ZA |
80,9 |
|
ZZ |
93,4 |
|
0808 20 50 |
CN |
69,7 |
TR |
124,6 |
|
ZA |
78,1 |
|
ZZ |
90,8 |
(1) Country nomenclature as fixed by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.
4.10.2007 |
EN |
Official Journal of the European Union |
L 258/9 |
COMMISSION REGULATION (EC) No 1155/2007
of 3 October 2007
setting the allocation coefficient for issuing of licences applied for from 24 to 28 September 2007 to import sugar products under tariff quotas and preferential agreements
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1),
Having regard to Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules for the 2006/07, 2007/08 and 2008/09 marketing years for importing and refining of sugar products under certain tariff quotas and preferential agreements (2), and in particular Article 5(3) thereof,
Whereas:
(1) |
Applications for import licences were submitted to the competent authority during the period from 24 to 28 September 2007, in accordance with Regulation (EC) No 950/2006 or Commission Regulation (EC) No 1832/2006 of 13 December 2006 laying down transitional measures in the sugar sector by reason of the accession of Bulgaria and Romania (3) for a total quantity equal to or exceeding the quantity available for serial number 09.4336 (2006 to 2007). |
(2) |
In these circumstances, the Commission should fix an allocation coefficient in order to issue licences in proportion to the quantity available and inform the Member States that the set limit has been reached, |
HAS ADOPTED THIS REGULATION:
Article 1
Licences shall be issued within the quantitative limits set in the Annex to this Regulation in respect of applications for import licences submitted from 24 to 28 September 2007, in accordance with Article 4(2) of Regulation (EC) No 950/2006 or Article 5 of Regulation (EC) No 1832/2006.
Article 2
This Regulation shall enter into force on the day of 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, 3 October 2007.
For the Commission
Jean-Luc DEMARTY
Director-General for Agriculture and Rural Development
(2) OJ L 178, 1.7.2006, p. 1. Regulation as amended by Regulation (EC) No 2006/2006 (OJ L 379, 28.12.2006, p. 95).
(3) OJ L 354, 14.12.2006, p. 8.
ANNEX
ACP-India Preferential Sugar
Title IV of Regulation (EC) No 950/2006
2006/2007 marketing year
Serial No |
Country |
Week of 24.9.2007-28.9.2007: % of requested quantity to be granted |
Limit |
09.4331 |
Barbados |
100 |
|
09.4332 |
Belize |
0 |
Reached |
09.4333 |
Côte d’Ivoire |
0 |
Reached |
09.4334 |
Republic of the Congo |
0 |
Reached |
09.4335 |
Fiji |
100 |
|
09.4336 |
Guyana |
100 |
Reached |
09.4337 |
India |
0 |
Reached |
09.4338 |
Jamaica |
100 |
|
09.4339 |
Kenya |
0 |
Reached |
09.4340 |
Madagascar |
0 |
Reached |
09.4341 |
Malawi |
0 |
Reached |
09.4342 |
Mauritius |
100 |
|
09.4343 |
Mozambique |
0 |
Reached |
09.4344 |
Saint Kitts and Nevis |
— |
|
09.4345 |
Suriname |
— |
|
09.4346 |
Swaziland |
0 |
Reached |
09.4347 |
Tanzania |
0 |
Reached |
09.4348 |
Trinidad and Tobago |
0 |
Reached |
09.4349 |
Uganda |
— |
|
09.4350 |
Zambia |
100 |
|
09.4351 |
Zimbabwe |
100 |
|
ACP-India Preferential Sugar
Title IV of Regulation (EC) No 950/2006
2007/2008 marketing year
Serial No |
Country |
Week of 24.9.2007-28.9.2007: % of requested quantity to be granted |
Limit |
09.4331 |
Barbados |
100 |
|
09.4332 |
Belize |
100 |
|
09.4333 |
Côte d’Ivoire |
100 |
|
09.4334 |
Republic of the Congo |
100 |
|
09.4335 |
Fiji |
100 |
|
09.4336 |
Guyana |
100 |
|
09.4337 |
India |
0 |
Reached |
09.4338 |
Jamaica |
100 |
|
09.4339 |
Kenya |
100 |
|
09.4340 |
Madagascar |
100 |
|
09.4341 |
Malawi |
100 |
|
09.4342 |
Mauritius |
100 |
|
09.4343 |
Mozambique |
0 |
Reached |
09.4344 |
Saint Kitts and Nevis |
— |
|
09.4345 |
Suriname |
— |
|
09.4346 |
Swaziland |
100 |
|
09.4347 |
Tanzania |
100 |
|
09.4348 |
Trinidad and Tobago |
100 |
|
09.4349 |
Uganda |
— |
|
09.4350 |
Zambia |
100 |
|
09.4351 |
Zimbabwe |
100 |
|
Complementary Sugar
Title V of Regulation (EC) No 950/2006
2006/2007 marketing year
Serial No |
Country |
Week of 24.9.2007-28.9.2007: % of requested quantity to be granted |
Limit |
09.4315 |
India |
0 |
Reached |
09.4316 |
ACP Protocol signatory countries |
0 |
Reached |
CXL Concessions Sugar
Title VI of Regulation (EC) No 950/2006
2006/2007 marketing year
Serial No |
Country |
Week of 24.9.2007-28.9.2007: % of requested quantity to be granted |
Limit |
09.4317 |
Australia |
0 |
Reached |
09.4318 |
Brazil |
0 |
Reached |
09.4319 |
Cuba |
0 |
Reached |
09.4320 |
Other third countries |
0 |
Reached |
Balkans sugar
Title VII of Regulation (EC) No 950/2006
2006/2007 marketing year
Serial No |
Country |
Week of 24.9.2007-28.9.2007: % of requested quantity to be granted |
Limit |
09.4324 |
Albania |
100 |
|
09.4325 |
Bosnia and Herzegovina |
0 |
Reached |
09.4326 |
Serbia, Montenegro and Kosovo |
100 |
|
09.4327 |
Former Yugoslav Republic of Macedonia |
100 |
|
09.4328 |
Croatia |
100 |
|
Exceptional import sugar and industrial import sugar
Title VIII of Regulation (EC) No 950/2006
2006/2007 Marketing year
Serial No |
Type |
Week of 24.9.2007-28.9.2007: % of requested quantity to be granted |
Limit |
09.4380 |
Exceptional |
— |
|
09.4390 |
Industrial |
100 |
|
Import of sugar under the transitional tariff quotas opened for Bulgaria and Romania
Chapter 1 Section 2 of Regulation (EC) No 1832/2006
2006/2007 marketing year
Order No |
Type |
Week of 24.9.2007-28.9.2007: % of requested quantity to be granted |
Limit |
09.4365 |
Bulgaria |
0 |
Reached |
09.4366 |
Romania |
0 |
Reached |
4.10.2007 |
EN |
Official Journal of the European Union |
L 258/13 |
COMMISSION REGULATION (EC) No 1156/2007
of 3 October 2007
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Münchener Bier (PGI))
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
Whereas:
(1) |
By virtue of the first subparagraph of Article 9(1) and having regard to Article 17(2) of Regulation (EC) No 510/2006, the Commission has examined Germany's request for approval of amendments to the specification for the protected geographical indication ‘Münchener Bier’ registered under Commission Regulation (EC) No 1107/96 (2). |
(2) |
Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union as required by Article 6 of that Regulation (3). As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved, |
HAS ADOPTED THIS REGULATION:
Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.
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, 3 October 2007.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
(1) OJ L 93, 31.3.2006, p. 12. Regulation as amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).
(2) OJ L 148, 21.6.1996, p. 1. Regulation as last amended by Regulation (EC) No 2156/2005 (OJ L 342, 24.12.2005, p. 54).
(3) OJ C 316, 22.12.2006, p. 2.
ANNEX
Foodstuffs listed in Annex I to Regulation (EC) No 510/2006
Class 2.1. |
Beer |
GERMANY
Münchener Bier (PGI)
4.10.2007 |
EN |
Official Journal of the European Union |
L 258/15 |
COMMISSION REGULATION (EC) No 1157/2007
of 3 October 2007
approving a non-minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Sierra Mágina (PDO))
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
Whereas:
(1) |
In accordance with the first subparagraph of Article 9(1), and in application of Article 17(2) of Regulation (EC) No 510/2006, the Commission has examined Spain's application for the approval of an amendment to the specification of the protected designation of origin ‘Sierra Mágina’ registered on the basis of Commission Regulation (EC) No 2400/96 (2), as amended by Regulation (EC) No 2107/1999 (3). |
(2) |
As the amendment in question was not found to be minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the application for an amendment in the Official Journal of the European Union (4), in application of the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendment should be approved. |
HAS ADOPTED THIS REGULATION:
Article 1
The amendment to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation is hereby approved.
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, 3 October 2007.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
(1) OJ L 93, 31.3.2006, p. 12. Regulation as amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).
(2) OJ L 327, 18.12.1996, p. 11. Regulation as last amended by Regulation (EC) No 417/2006 (OJ L 72, 11.3.2006, p. 8).
(3) OJ L 258, 5.10.1999, p. 3.
(4) OJ C 332, 30.12.2006, p. 4.
ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:
Class 1.5. |
Oils and fats (butter, margarine, oil, etc.) |
SPAIN
Sierra Mágina (PDO)
4.10.2007 |
EN |
Official Journal of the European Union |
L 258/17 |
COMMISSION REGULATION (EC) No 1158/2007
of 2 October 2007
establishing a prohibition of fishing for redfish in NAFO zone 3M by vessels flying the flag of Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(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, |
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quotas allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2007 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing for 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 shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following that of 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, 2 October 2007.
For the Commission
Fokion FOTIADIS
Director-General for Fisheries and Maritime Affairs
(1) OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).
(2) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1967/2006 (OJ L 409, 30.12.2006, p. 11), as corrected by OJ L 36, 8.2.2007, p. 6.
(3) OJ L 15, 20.1.2007, p. 1. Regulation as last amended by Commission Regulation (EC) No 898/2007 (OJ L 196, 28.7.2007, p. 22).
ANNEX
No |
40 |
Member State |
Spain |
Stock |
RED/N3M. |
Species |
Redfish (Sebastes spp.) |
Zone |
NAFO 3M |
Date |
13.8.2007 |
4.10.2007 |
EN |
Official Journal of the European Union |
L 258/19 |
COMMISSION REGULATION (EC) No 1159/2007
of 2 October 2007
reopening the fishery for common sole in ICES zone III a, III b, c, d (EC waters) by vessels flying the flag of Sweden
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(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) |
On 8 June 2007 Sweden notified the Commission, pursuant to Article 21(2) of Regulation (EEC) No 2847/93, that it would close the fishery for common sole in the waters of ICES zone III a, III b, c, d for its vessels from 11 June 2007. |
(3) |
On 5 July 2007 the Commission, pursuant to Article 21(3) of Regulation (EEC) No 2847/93 and Article 26(4) of Regulation (EC) No 2371/2002, adopted Regulation (EC) No 790/2007 (4) prohibiting fishing for common sole in the waters of ICES zone III a, III b, c, d by vessels flying the flag of Sweden or registered in Sweden, with effect from the same date. |
(4) |
According to the information received by the Commission from the Swedish authorities, a quantity of common sole is still available in the Swedish quota in area III a, III b, c, d. Consequently, fishing for common sole in these waters by vessels flying the flag of Sweden or registered in Sweden should be authorised. |
(5) |
This authorisation should take effect on 3 September 2007, in order to allow the quantity of common sole in question to be fished before the end of the current year. |
(6) |
Regulation No 790/2007 should be repealed with effect from 3 September 2007, |
HAS ADOPTED THIS REGULATION:
Article 1
Repeal
Regulation (EC) No 790/2007 is hereby repealed.
Article 2
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall apply from 3 September 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 October 2007.
For the Commission
Fokion FOTIADIS
Director-General for Fisheries and Maritime Affairs
(1) OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).
(2) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1967/2006 (OJ L 409, 30.12.2006, p. 11), as corrected by OJ L 36, 8.2.2007, p. 6.
(3) OJ L 15, 20.1.2007, p. 1. Regulation as last amended by Commission Regulation (EC) No 898/2007 (OJ L 196, 28.7.2007, p. 22).
(4) OJ L 175, 5.7.2007, p. 29.
ANNEX
No |
41 — Reopening |
Member State |
Sweden |
Stock |
SOL/3A/BCD |
Species |
Common Sole (Solea solea) |
Zone |
III a, III b, c, d (EC waters) |
Date |
3.9.2007 |
4.10.2007 |
EN |
Official Journal of the European Union |
L 258/21 |
COMMISSION REGULATION (EC) No 1160/2007
of 3 October 2007
establishing a prohibition of fishing for anglerfish in ICES zone VIII c, IX and X; EC waters of CECAF 34.1.1 by vessels flying the flag of Portugal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 26(4) thereof,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(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, |
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2007 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing for 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 shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following that of 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, 3 October 2007.
For the Commission
Fokion FOTIADIS
Director-General for Fisheries and Maritime Affairs
(1) OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).
(2) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1967/2006 (OJ L 409, 30.12.2006, p. 11), as corrected by OJ L 36, 8.2.2007, p. 6.
(3) OJ L 15, 20.1.2007, p. 1. Regulation as last amended by Commission Regulation (EC) No 898/2007 (OJ L 196, 28.7.2007, p. 22).
ANNEX
No |
42 |
Member State |
Portugal |
Stock |
ANF/8C3411 |
Species |
Anglerfish (Lophiidae) |
Zone |
ICES zones VIII c, IX and X, EC waters of CECAF 34.1.1 |
Date |
27.8.2007 |
4.10.2007 |
EN |
Official Journal of the European Union |
L 258/23 |
COMMISSION REGULATION (EC) No 1161/2007
of 3 October 2007
establishing a prohibition of fishing for plaice in Baltic Sea ICES zones III b, c, d (EC waters) by vessels flying the flag of Finland
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(1) |
Council Regulation (EC) No 1941/2006 of 11 December 2006 fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2007 (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, |
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2007 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing for 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 shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following that of 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, 3 October 2007.
For the Commission
Fokion FOTIADIS
Director-General for Fisheries and Maritime Affairs
(1) OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).
(2) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1967/2006 (OJ L 409, 30.12.2006, p. 11), as corrected by OJ L 36, 8.2.2007, p. 6.
(3) OJ L 15, 20.1.2007, p. 1. Regulation as last amended by Commission Regulation (EC) No 898/2007 (OJ L 196, 28.7.2007, p. 22).
ANNEX
No |
44 |
Member State |
Finland |
Stock |
PLE/3BCD-C |
Species |
Plaice (Pleuronectes platessa) |
Zone |
Baltic Sea — ICES zones III b, c, d (EC waters) |
Date |
24.8.2007 |
4.10.2007 |
EN |
Official Journal of the European Union |
L 258/25 |
COMMISSION REGULATION (EC) No 1162/2007
of 3 October 2007
prohibiting fishing for black scabbardfish in ICES areas V, VI, VII and XII (Community waters and waters not under the sovereignty or jurisdiction of third countries) by vessels flying the flag of Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 26(4) thereof,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(1) |
Council Regulation (EC) No 2015/2006 of 19 December 2006 fixing for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (3) lays down quotas for 2007 and 2008. |
(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, |
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated for 2007 to the Member State referred to in the Annex to this Regulation for the stock referred to therein shall be deemed to be exhausted from the date stated in that Annex.
Article 2
Prohibitions
Fishing for 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 shall be prohibited from the date stated in that Annex. After that date it shall also be prohibited to retain on board, tranship or land such stock caught by those vessels.
Article 3
Entry into force
This Regulation shall enter into force on the day following that of 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, 3 October 2007.
For the Commission
Fokion FOTIADIS
Director-General for Fisheries and Maritime Affairs
(1) OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).
(2) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1967/2006 (OJ L 409, 30.12.2006, p. 11), as corrected by OJ L 36, 8.2.2007, p. 6.
(3) OJ L 15, 20.1.2007, p. 1. Regulation as last amended by Commission Regulation (EC) No 898/2007 (OJ L 196, 28.7.2007, p. 22).
ANNEX
No |
39 |
Member State |
Spain |
Stock |
BSF/56712- |
Species |
Black scabbardfish (Aphanopus carbo) |
Area |
Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII and XII |
Date |
10.8.2007 |
DIRECTIVES
4.10.2007 |
EN |
Official Journal of the European Union |
L 258/27 |
COUNCIL DIRECTIVE 2007/61/EC
of 26 September 2007
amending Directive 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
In view of the growing need for harmonisation in the international trade in milk and milk products, provision should be made to allow the standardisation of the protein content of certain partly or wholly dehydrated preserved milk to a minimum content of 34 %, by weight, expressed on fat-free dry matter. |
(2) |
While allowing standardisation, it is necessary to define raw materials as well as the composition of raw materials used for protein adjustment. |
(3) |
Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods (2) aims at regulating the addition of such substances to food and establishes the list of vitamins and minerals that may be added to food. Council Directive 2001/114/EC (3) should therefore be amended to allow the addition of vitamins and minerals as provided for by Regulation (EC) No 1925/2006. |
(4) |
Directive 2001/114/EC should be amended accordingly, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 2001/114/EC is hereby amended as follows:
1. |
Article 2 shall be deleted. |
2. |
Annexe I shall be amended in accordance with the Annex to this Directive. |
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 August 2008. They shall forthwith communicate to the Commission the text of such laws, regulations and administrative provisions together with a table showing the correlation between them and this Directive.
When they are adopted by Member States, these measures shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods for making such reference shall be laid down by the Member States.
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 3
This Directive shall enter into force on the third day following its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 26 September 2007.
For the Council
The President
J. SILVA
(1) Opinion of 5 September 2007 (not yet published in the Official Journal).
(2) OJ L 404, 30.12.2006, p. 26.
(3) OJ L 15, 17.1.2002, p. 19. Directive as amended by the 2003 Act of Accession.
ANNEX
Annex I to Directive 2001/114/EC is hereby amended as follows:
1. |
In point 1 ‘Partly dehydrated milk’, the first subparagraph shall be replaced by the following: ‘This means the liquid product, whether or not sweetened, obtained by the partial removal of water from milk, from wholly or partly skimmed milk or from a mixture of these products, which may have an admixture of cream or of wholly dehydrated milk or both, the addition of wholly dehydrated milk not to exceed, in the finished products, 25 % of total milk solids.’. |
2. |
In point 2 ‘Totally dehydrated milk’, the first subparagraph shall be replaced by the following: ‘This means the solid product, where the water content does not exceed 5 % by weight of the finished product, obtained by the removal of water from milk, from wholly or partly skimmed milk, from cream or from a mixture of these products.’. |
3. |
Point 3 ‘Treatments’ shall be amended as follows:
|
4. |
Point 4 ‘Authorised additions’ shall be replaced by the following: ‘4. Authorised additions and raw materials
|
(1) OJ L 139, 30.4.2004, p. 55. Corrected by OJ L 226, 25.6.2004, p. 22.’
II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory
DECISIONS
4.10.2007 |
EN |
Official Journal of the European Union |
L 258/29 |
COUNCIL DECISION
of 26 September 2007
appointing four Spanish members and seven Spanish alternate members of the Committee of the Regions
(2007/637/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
Having regard to the proposal from the Spanish Government,
Whereas:
(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) |
Four members’ seats on the Committee of the Regions have fallen vacant following the end of the mandates of Mr MATAS PALOU, Mr MARTÍN MENIS, Mr REVILLA ROIZ and Mr RODRÍGUEZ IBARRA. Seven alternate members’ seats on the Committee of the Regions have fallen vacant following the end of the mandates of Ms GOROSTIAGA SÁIZ, Mr SÁNCHEZ AMOR, Mr VILLANUEVA RODRÍGUEZ, Ms AMOR PÉREZ, Mr DÍAZ ÁLVAREZ, Mr JAÉN PALACIOS and Ms de ESTEBAN MARTÍN, |
HAS DECIDED AS FOLLOWS:
Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:
(a) |
as members:
and |
(b) |
as alternate members:
|
Article 2
This Decision shall take effect on the date of its adoption.
Done at Brussels, 26 September 2007.
For the Council
The President
J. SILVA
(1) OJ L 56, 25.2.2006, p. 75.
4.10.2007 |
EN |
Official Journal of the European Union |
L 258/31 |
COMMISSION DECISION
of 24 September 2007
on emergency vaccination of poultry in Italy against low pathogenic avian influenza
(notified under document number C(2007) 4393)
(Only the Italian text is authentic)
(2007/638/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (1), and in particular, Article 54(2) thereof;
Whereas:
(1) |
Directive 2005/94/EC sets out the minimum control measures to be applied in the event of an outbreak of avian influenza in poultry or other captive birds. |
(2) |
Under Commission Decision 2005/926/EC of 21 December 2005 on introducing supplementary measures to control infections with low pathogenic avian influenza in Italy and repealing Decision 2004/666/EC (2) Italy carried out vaccination against low pathogenic avian influenza until the end of 2006. |
(3) |
Since May 2007 outbreaks of low pathogenic avian influenza have occurred in parts of Northern Italy and measures in accordance with Directive 2005/94/EC have been taken to control the spread of the virus. |
(4) |
In July and August 2007 an increase of low pathogenic avian influenza outbreaks in particular of the subtype H7 has been observed and further outbreaks of that disease continue to be detected. A small number of outbreaks caused by the low pathogenic avian influenza subtype H5 have been reported. |
(5) |
In its scientific opinions on the use of vaccination to control avian influenza issued by the European Food Safety Authority in 2005 (3) and 2007 (4) the Animal Health and Welfare Panel stated that emergency and preventive vaccination against avian influenza is a valuable tool to complement the control measures for that disease. |
(6) |
The outbreaks of low pathogenic avian influenza in Italy concern a densely populated poultry area and the epidemiogical situation is still evolving. |
(7) |
The Italian authorities have carried out a risk assessment and identified a particular risk for further spread of the virus in the areas concerned. Italy has, therefore, by letter dated 7 September 2007, submitted an emergency vaccination plan to the Commission for its approval. |
(8) |
The Commission has examined that plan together with Italy and is satisfied that it conforms with the relevant Community provisions. In the light of the development of the epidemiological situation in Italy, it is appropriate to approve the emergency vaccination plan submitted by Italy to supplement the control measures taken by that Member State and to introduce certain restrictions on movements of poultry, hatching eggs of poultry and day-old chicks and certain poultry products. |
(9) |
According to the vaccination plan, Italy intends to vaccinate certain poultry categories following the Differentiating Infected from Vaccinated Animal (DIVA) strategy using both monovalent vaccines directed against avian influenza virus of subtype H7 and bivalent vaccines against H7 and H5 subtypes. |
(10) |
Only vaccines authorised in accordance with Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (5) or Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (6) should be used. |
(11) |
In addition, surveillance and monitoring of vaccinated and unvaccinated poultry flocks as set out in the emergency vaccination plan should be carried out. |
(12) |
The measures provided for in Decision 2005/926/EC are no longer appropriate and that Decision should therefore be repealed. |
(13) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
Subject matter, scope and definitions
1. This Decision lays down certain measures to be applied in Italy where emergency vaccination is carried out in certain poultry holdings at particular risk for introduction of avian influenza, including certain restrictions on movements and dispatch of poultry, hatching eggs of poultry and day-old chicks and certain products derived thereof.
2. This Decision shall apply without prejudice to the measures taken by Italy in accordance with Directive 2005/94/EC to control outbreaks of low pathogenic avian influenza.
Article 2
The emergency vaccination plan
1. The plan for emergency vaccination against low pathogenic avian influenza in Italy, as submitted by Italy to the Commission on 7 September 2007 (‘the emergency vaccination plan’) is approved.
2. Italy shall carry out the emergency vaccination plan in the areas listed in Annex I (‘the emergency vaccination area’).
It shall ensure that the emergency vaccination plan is implemented effectively.
3. The Commission shall publish the emergency vaccination plan on its website.
Article 3
Vaccines to be used
Italy shall ensure that poultry is vaccinated in accordance with the emergency vaccination plan with one of the following types of vaccine authorised in accordance with Directive 2001/82/EC or Regulation (EC) No 726/2004:
(a) |
an inactivated heterologous vaccine of avian influenza subtype H7; or |
(b) |
a bivalent inactivated heterologous vaccine containing both avian influenza subtypes H5 and H7. |
Article 4
Restrictions on movements of poultry
1. The competent authority shall ensure that poultry that come from and/or originate from holdings in Italy where emergency vaccination has been carried out (‘emergency vaccination holdings’) are not moved to other parts of Italy or dispatched to other Member States.
2. By way of derogation from paragraph 1 poultry for slaughter that come from and/or originate from emergency vaccination holdings may be moved to other parts of Italy or dispatched to other Member States, where the poultry originate from flocks which:
(a) |
before loading have been examined with favourable results in accordance with point 1 of Annex II, and |
(b) |
are dispatched to a slaughterhouse:
|
Article 5
Restrictions on movements of hatching eggs of poultry
The competent authority shall ensure that hatching eggs of poultry that come from and/or originate from emergency vaccination holdings are moved to other parts of Italy or dispatched to other Member States, only where the hatching eggs:
(a) |
originate from flocks which have been examined with favourable results in accordance with point 2 of Annex II; |
(b) |
have been disinfected before movement or dispatch in accordance with a method approved by the competent authority; |
(c) |
are transported directly to the hatchery of destination; |
(d) |
are traceable within the hatchery. |
Article 6
Restrictions on movements of day-old chicks
The competent authority shall ensure that day-old chicks that come from and/or originate from emergency vaccination holdings are moved to other parts of Italy or dispatched to other Member States, only where the day-old chicks:
(a) |
originate from hatching eggs of poultry which satisfy the conditions set out in Article 5; |
(b) |
are placed in a poultry house or shed where there are no resident poultry. |
Article 7
Health certification for intra-Community trade of consignments of poultry, hatching eggs of poultry and day-old chicks
The competent authority shall ensure that health certificates for intra-Community trade in poultry, hatching eggs of poultry and day-old chicks that come from and/or originate from Italy include the words:
‘The animal health conditions of this consignment are in accordance with Decision 2007/638/EC’.
Article 8
Restrictions on movements of table eggs
The competent authority shall ensure that table eggs that come from and/or originate from emergency vaccination holdings are moved to other parts of Italy or dispatched to other Member States, only where the eggs:
(a) |
originate from flocks which have been examined with favourable results in accordance with point 2 of Annex II; |
(b) |
are directly transported to:
|
Article 9
Restrictions on movements of poultrymeat, minced meat, meat preparations, mechanically separated meat and meat products consisting of or containing poultrymeat
1. The competent authority shall ensure that poultrymeat that comes from and/or originates from emergency vaccination holdings is moved to other parts of Italy or dispatched to other Member States, only where the meat is:
(a) |
obtained from poultry that complies with Article 4; |
(b) |
produced in accordance with Annex II and Sections II and III of Annex III to Regulation (EC) No 853/2004 and subject to controls in accordance with Sections I, II, III, and Chapters V and VII of Section IV of Annex I to Regulation (EC) No 854/2004. |
2. The competent authority shall ensure that minced meat, meat preparations, mechanically separated meat and meat products consisting of or containing poultrymeat that come from and/or originate from emergency vaccination holdings are moved to other parts of Italy or dispatched to other Member States, only where such products are produced:
(a) |
from meat that complies with paragraph 1; |
(b) |
in accordance with Sections V and VI of Annex III to Regulation (EC) No 853/2004. |
Article 10
Monitoring and surveillance
Monitoring and surveillance of vaccinated and unvaccinated poultry flocks, as set out in the emergency vaccination plan, shall be carried out.
Article 11
Reports
Italy shall submit to the Commission a preliminary report on the implementation of the emergency vaccination plan by 1 November 2007 at the latest, and thereafter submit quarterly reports within one month of the end of each quarter.
The Commission shall ensure that the Standing Committee on the Food Chain and Animal Health is informed of those reports.
Article 12
Review of measures
The measures provided for in this Decision shall be reviewed in the light of the development of the epidemiological situation in Italy and any new information that becoms available.
Article 13
Repeal
Decision 2005/926/EC is repealed.
Article 14
Applicability
This Decision shall apply from 24 September 2007 until 31 March 2008.
Article 15
Addresses
This Decision is addressed to the Italian Republic.
Done at Brussels, 24 September 2007.
For the Commission
Markos KYPRIANOU
Member of the Commission
(1) OJ L 10, 14.1.2006, p. 16.
(2) OJ L 337, 22.12.2005, p. 60.
(3) The EFSA Journal (2005) 266, 1-21; Animal health and welfare aspects of Avian Influenza.
(4) The EFSA Journal (2007) 489, Scientific Opinion on ‘Vaccination against avian influenza of H5 and H7 subtypes in domestic poultry and captive birds’.
(5) OJ L 311, 28.11.2001, p. 1. Directive as last amended by Directive 2004/28/EC (OJ L 136, 30.4.2004, p. 58).
(6) OJ L 136, 30.4.2004, p. 1. Regulation as last amended by Regulation (EC) No 1901/2006 (OJ L 378, 27.12.2006, p. 1).
ANNEX I
EMERGENCY VACCINATION AREA
Veneto Region
Verona Province |
|
ALBAREDO D'ADIGE |
|
ANGIARI |
|
ARCOLE |
|
BELFIORE |
|
BONAVIGO |
|
BOVOLONE |
|
BUTTAPIETRA |
|
CALDIERO |
area to the south of the A4 motorway |
CASALEONE |
|
CASTEL D'AZZANO |
|
CASTELNUOVO DEL GARDA |
area to the south of the A4 motorway |
CEREA |
|
COLOGNA VENETA |
|
COLOGNOLA AI COLLI |
area to the south of the A4 motorway |
CONCAMARISE |
|
ERBÈ |
|
GAZZO VERONESE |
|
ISOLA DELLA SCALA |
|
ISOLA RIZZA |
|
LAVAGNO |
area to the south of the A4 motorway |
MINERBE |
|
MONTEFORTE D'ALPONE |
area to the south of the A4 motorway |
MOZZECANE |
|
NOGARA |
|
NOGAROLE ROCCA |
|
OPPEANO |
|
PALÙ |
|
PESCHIERA DEL GARDA |
area to the south of the A4 motorway |
POVEGLIANO VERONESE |
|
PRESSANA |
|
RONCO ALL'ADIGE |
|
ROVERCHIARA |
|
ROVEREDO DI GUÀ |
|
SALIZZOLE |
|
SAN BONIFACIO |
area to the south of the A4 motorway |
SAN GIOVANNI LUPATOTO |
area to the south of the A4 motorway |
SANGUINETTO |
|
SAN MARTINO BUON ALBERGO |
area to the south of the A4 motorway |
SAN PIETRO DI MORUBIO |
|
SOAVE |
area to the south of the A4 motorway |
SOMMACAMPAGNA |
area to the south of the A4 motorway |
SONA |
area to the south of the A4 motorway |
SORGÀ |
|
TREVENZUOLO |
|
VALEGGIO SUL MINCIO |
|
VERONA |
area to the south of the A4 motorway |
VERONELLA |
|
VIGASIO |
|
VILLAFRANCA DI VERONA |
|
ZEVIO |
|
ZIMELLA |
|
Lombardy Region
Brescia Province |
|
ACQUAFREDDA |
|
ALFIANELLO |
|
BAGNOLO MELLA |
|
BASSANO BRESCIANO |
|
BORGOSATOLLO |
|
BRESCIA |
area to the south of the A4 motorway |
CALCINATO |
area to the south of the A4 motorway |
CALVISANO |
|
CAPRIANO DEL COLLE |
|
CARPENEDOLO |
|
CASTENEDOLO |
area to the south of the A4 motorway |
CIGOLE |
|
DELLO |
|
DESENZANO DEL GARDA |
area to the south of the A4 motorway |
FIESSE |
|
FLERO |
|
GAMBARA |
|
GHEDI |
|
GOTTOLENGO |
|
ISORELLA |
|
LENO |
|
LONATO |
area to the south of the A4 motorway |
MANERBIO |
|
MILZANO |
|
MONTICHIARI |
|
MONTIRONE |
|
OFFLAGA |
|
PAVONE DEL MELLA |
|
PONCARALE |
|
PONTEVICO |
|
POZZOLENGO |
area to the south of the A4 motorway |
PRALBOINO |
|
QUINZANO D'OGLIO |
|
REMEDELLO |
|
REZZATO |
area to the south of the A4 motorway |
SAN GERVASIO BRESCIANO |
|
SAN ZENO NAVIGLIO |
|
SENIGA |
|
VEROLANUOVA |
|
VEROLAVECCHIA |
|
VISANO |
|
Mantova Province |
|
CASTIGLIONE DELLE STIVIERE |
|
CAVRIANA |
|
CERESARA |
|
GOITO |
|
GUIDIZZOLO |
|
MARMIROLO |
|
MEDOLE |
|
MONZAMBANO |
|
PONTI SUL MINCIO |
|
ROVERBELLA |
|
SOLFERINO |
|
VOLTA MANTOVANA |
|
ANNEX II
EXAMINATION, SAMPLING AND TESTING PROCEDURES IN RELATION TO MOVEMENTS REFERRED TO IN ARTICLES 4, 5 AND 8
Point 1
Before movement of poultry for slaughter referred to in Article 4(2) the official veterinarian must carry out:
(a) |
a check of the production and health records of the holding; |
(b) |
a clinical inspection in each production unit, including an evaluation of its clinical history and clinical examinations of the poultry within 72 hours prior to the time of departure with particular attention to the sentinel birds; |
(c) |
the collection of the following samples:
|
(d) |
the collection of the following samples, where the result of the checks and clinical inspection and examinations referred to in (a), (b) and (c) are not satisfactory:
|
Point 2
Before the first movement and thereafter at least every 30 days of hatching eggs and table eggs referred to in Articles 5 and 8, the official veterinarian must carry out:
(a) |
a clinical inspection of the parent or layer poultry in each production unit, including an evaluation of its clinical history and clinical examinations of the sentinel birds present in those flocks; |
(b) |
the collection of 10 blood samples from sentinel birds. However, if necessary, 20 samples for testing with the iIFA-test shall also be taken. |
4.10.2007 |
EN |
Official Journal of the European Union |
L 258/39 |
COMMISSION DECISION
of 2 October 2007
establishing a common format for the submission of data and information pursuant to Regulation (EC) No 850/2004 of the European Parliament and of the Council concerning persistent organic pollutants
(notified under document number C(2007) 4409)
(2007/639/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (1), and in particular Article 12(4) thereof,
Whereas:
(1) |
Article 12 of Regulation (EC) No 850/2004 requires Member States to provide various data and information to the Commission on a regular basis. |
(2) |
A common format should be established for the submission of that data and information. |
(3) |
The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 29 of Council Directive 67/548/EEC (2), |
HAS ADOPTED THIS DECISION:
Article 1
Member States shall transmit to the Commission the data and information required under Article 12(1), (2) and (3) of Regulation (EC) No 850/2004 in the format set out in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 2 October 2007.
For the Commission
Stavros DIMAS
Member of the Commission
(1) OJ L 158, 30.4.2004, p. 7. Corrigendum OJ L 229, 29.6.2004, p. 5.
(2) OJ 196, 16.8.1967, p. 1. Directive as last amended by Directive 2006/121/EC of the European Parliament and of the Council (OJ L 396, 30.12.2006, p. 850).
ANNEX
Format for the submission of data and information under Article 12 of Regulation (EC) No 850/2004 on persistent organic pollutants
A. Annual report on control on production, placing on the market (Article 12(2))
Section I: General information
1. Member State:
2. Name and title of contact officer:
3. Full name of the institution:
4. Mailing address:
5. Telephone number:
6. Fax number:
7. E-mail address:
8. Date of the report (dd/month/yyyy):
Section II: Control on production, placing on the market
1. Production of substances listed under Annex I or II to Regulation (EC) No 850/2004 (hereinafter ‘Annex I or II’)
1.1. Year of the report:
1.2. Has any of the chemicals listed in Annex I or II been produced in your Member State during the period covered by this report? (Yes/No)
1.2.1. If the answer to question 1.2 is ‘Yes’, please specify the name of the substance(s) and the corresponding volume(s) produced (in kg).
2. Placing on the market of substances listed under Annex I or II
2.1. Year of the report:
2.2. Has any of the chemicals listed in Annex I or II been placed on the market in your Member State or exported from your Member State during the period covered by this report? (Yes/No)
2.2.1. If the answer to question 2.2 is ‘Yes’, please specify the name of the substance(s) and the corresponding volume(s) exported and/or placed on the market (in kg). In case of export or import, please specify the exporting or importing country(ies).
B. Triannual report on the application of Regulation (EC) No 850/2004 (Articles 12(1) and 12(3)).
Section I: General information
1. Member State:
2. Name and title of contact officer:
3. Full name of the institution:
4. Mailing address:
5. Telephone number:
6. Fax number:
7. E-mail address:
8. Date of the report (dd/month/yyyy):
Section II: Stockpiles
1. Are there in your Member State any notified stockpiles of any substance listed in Annex I or II and the use of which is permitted? (Yes/No)
1.1. If the answer to question 1 is ‘Yes’, please, specify the name of the substance(s). For each specified substance, specify for each stock the year in which it was identified, its nature, its content (% or mg/kg), its volume (kg), its location and the measures taken to manage it.
2. Are there in your Member State any notified stockpiles of any substance listed in Annex I or II and the use of which is not permitted? (Yes/No)
2.1. If the answer to question 2 is ‘Yes’, please, specify the name of the substance(s). For each specified substance, specify for each stock the year in which it was identified, its nature, its content (% or mg/kg), its volume (kg), its location and the measures taken to manage it.
Section III: Release reduction, minimisation and elimination
1. Has your Member State developed an action plan on the substances listed in Annex III to Regulation (EC) No 850/2004 (hereinafter ‘Annex III’)? (Yes/No)
1.1. If the answer to question 1 is ‘No’, please specify why.
1.2. If the answer to question 1 is ‘Yes’, please, specify the name of the substance(s) for which you have release data. For each specified substance, specify for which compartment (i.e., air, water, land) you have release data. For each specified compartment, give the release in g TEQ/year (WHO-TEF (1) 2005) or in kg/year.
2. Has your Member State developed measures in order to identify sources of substances listed in Annex III? (Yes/No)
2.1. If the answer to question 2 is ‘Yes’, please describe the measures developed.
3. Has your Member State developed measures in order to characterise sources of substances listed in Annex III? (Yes/No)
3.1. If the answer to question 3 is ‘Yes’, please describe the measures developed.
4. Has your Member State developed measures in order to minimise sources of substances listed in Annex III? (Yes/No)
4.1. If the answer to question 4 is ‘Yes’, please describe the measures developed.
Section IV: Implementation plans
1. Has your Member State developed a National Implementation Plan (NIP) in accordance with Article 7 of the Stockholm Convention on Persistent Organic Pollutants? (Yes/No)
1.1. If the answer to question 1 is ‘No’, please explain why.
1.2. If the answer to question 1 is ‘Yes’, please, indicate the date(s) on which it has been communicated to the Secretariat of the Stockholm Convention, to the Commission and to the other Member States.
1.2.1. Did you give the public early and effective opportunities to participate in the development of your NIP? (Yes/No)
1.2.1.1. If the answer to question 1.2.1 is ‘No’, please explain why.
1.2.1.2. If the answer to question 1.2.1 is ‘Yes’, please describe briefly how.
Section V: Monitoring
1. Has your Member State established a monitoring programme on the presence of dioxins, furans and PCBs in the environment? (Yes/No)
1.1. If the answer to question 1 is ‘No’, please explain why.
1.2. If the answer to question 1 is ‘Yes’, please specify the name of the substance(s) for which you have monitoring data. For each specified substance and each monitoring programme, specify the period and objectives of the monitoring programme, the type of sampling point (e.g., hot spots, accidents, background situation), the geographical location, the analytical method applied, the compartments in which the substance was sampled, the values found (mean, median, maximum, minimum, number of samples) and how to access these data.
Section VI: Information exchange
1. Has your Member State established an information exchange mechanism? (Yes/No)
1.1. If the answer to question 1 is ‘No’, please explain why.
1.2. If the answer to question 1 is ‘Yes’ and if the information exchange mechanism is not part of your NIP, please describe it.
2. Has your Member State taken any measure to promote and facilitate awareness programmes with regard to persistent organic pollutants? (Yes/No)
2.1. If the answer to question 2 is ‘No’, please explain why.
2.2. If the answer to question 2 is ‘Yes’, please describe the measures taken.
3. Has your Member State taken any measure to promote and facilitate the provision of public information with regards to persistent organic pollutants? (Yes/No)
3.1. If the answer to question 3 is ‘No’, please explain why.
3.2. If the answer to question 3 is ‘Yes’, please describe the measures taken.
4. Has your Member State taken any measure to promote and facilitate the training of workers, scientists, educators and technical and managerial personnel with regard to persistent organic pollutants? (Yes/No)
4.1. If the answer to question 4 is ‘No’, please explain why.
4.2. If the answer to question 4 is ‘Yes’, please describe the measures taken.
Section VII: Technical assistance
1. Has your Member State provided to other country(ies) technical and financial assistance to develop and strengthen their capacity to fully implement their obligation under the Stockholm Convention on persistent organic pollutants? (Yes/No)
1.1. If the answer to question 1 is ‘No’, please explain why.
1.2. If the answer to question 1 is ‘Yes’, please specify the country/ies and kind of assistance.
Section VIII: Penalties
1. Penalties
1.1. How does your Member State lay down the rules on penalties applicable to infringements of the provisions of Regulation (EC) No 850/2004?
1.2. What are the measures taken to ensure the implementation of the rules on penalties?
2. Infringement procedure
2.1. Has your Member State initiated an infringement procedure for breach of Regulation (EC) No 850/2004? (Yes/No)
2.2. If the answer to question 2.1 is ‘Yes’, please specify the Article of that to which the infringement relates, describe briefly the infringement and indicate the penalty set for the offender.
(1) World Health Organization Toxic Equivalency Factors for polychlorinated dibenzo-p-dioxins and dibenzofurans and coplanar polychlorinated biphenyls.
Corrigenda
4.10.2007 |
EN |
Official Journal of the European Union |
L 258/44 |
Corrigendum to Commission Directive 2007/54/EC of 29 August 2007 amending Council Directive 76/768/EEC, concerning cosmetic products, for the purpose of adapting Annexes II and III thereto to technical progress
( Official Journal of the European Union L 226 of 30 August 2007 )
On page 27, Annex, point 2(a) should read as follows:
‘(a) |
Part 1 is amended as follows:
|