(1)

Article 4 of Regulation (EC) No 2371/2002 requires the Council to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking account of available scientific advice and, in particular, the report prepared by the Scientific, Technical and Economic Committee for Fisheries.

(2)

Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council to establish fishing opportunity limits by fishery or group of fisheries and the allocation of these opportunities to Member States.

(3)

In order to ensure effective management of the fishing opportunities, the specific conditions under which fishing operations are carried out should be established.

(4)

The principles and certain procedures for fishery management need to be laid down at Community level, so that Member States can ensure the management of the vessels flying their flag.

(5)

Article 3 of Regulation (EC) No 2371/2002 lays down definitions of relevance to the allocation of fishing opportunities.

(6)

In accordance with Article 2 of Regulation (EC) No 847/96, the stocks that are subject to the various measures referred to therein must be identified.

(7)

Fishing opportunities should be used in accordance with the Community legislation on the subject, and in particular with Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (4), Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States’ catches of fish (5), Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (6), Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (7), Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (8), Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the North-East Atlantic (9), Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound (10) and Regulation (EC) No 1098/2007.

(8)

It is appropriate, in accordance with the Commission’s declaration at the meeting of the Council on 11-12 June 2007, to take account of the efforts made by Member States to adjust fleet capacities in the Baltic Sea in recent years without compromising the overall objective of the effort scheme in Regulation (EC) No 1098/2007.

(9)

In order to contribute to the conservation of fish stocks, certain supplementary measures on technical conditions of fishing should be implemented in 2008,

(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)

In accordance with the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, and pursuant to Article 17(2) of that Regulation, the Czech Republic’s application to enter the name ‘Třeboňský kapr’ in the register was published in the Official Journal of the European Union (2).

(2)

As no objections within the meaning of Article 7 of Regulation (EC) No 510/2006 were received by the Commission, that name should be entered in the register,

(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)

Article 13(1) of Regulation (EEC) No 2759/75 provides that the difference between prices on the world market for the products listed in Article 1 of that Regulation and prices for these products within the Community may be covered by an export refund.

(2)

Given the present situation in the market in pigmeat, export refunds should therefore be fixed in accordance with the rules and criteria provided for in Article 13 of Regulation (EEC) No 2759/75.

(3)

Article 13(3) of Regulation (EEC) No 2759/75 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund on the products listed in Article 1 of Regulation (EEC) No 2759/75 according to destination.

(4)

Refunds should be granted only on products that are allowed to move freely in the Community and that bear the health mark as provided for in Article 5(1)(a) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2). Those products should also comply with the requirements of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (3) and of Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (4).

(5)

The Management Committee for Pigmeat has not delivered an opinion within the time limit set by its chairman,

(1)

Commission Regulation (EC) No 2032/2003 of 4 November 2003 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market and amending Regulation (EC) No 1896/2000 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes difethialone.

(2)

Pursuant to Regulation (EC) No 2032/2003, difethialone has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 14, rodenticides, as defined in Annex V to Directive 98/8/EC.

(3)

Norway was designated as Rapporteur and submitted the competent authority report, together with a recommendation, to the Commission on 11 October 2005 in accordance with Article 10(5) and (7) of Regulation (EC) No 2032/2003.

(4)

The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 11(4) of Regulation (EC) No 2032/2003, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 21 June 2007, in an assessment report.

(5)

The review of difethialone did not reveal any open questions or concerns to be addressed by the Scientific Committee on Health and Environmental Risks.

(6)

It appears from the examinations made that biocidal products used as rodenticides and containing difethialone may be expected not to present a risk to humans except for accidental incidents with children. Regarding non-target animals and the environment a risk has been identified. However, difethialone is for the time being considered essential for reasons of public health and hygiene. It is therefore justified to include difethialone in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as rodenticides and containing difethialone can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

(7)

In the light of the findings of the assessment report, it is appropriate to require that specific risk mitigation measures are applied at product authorisation level to products containing difethialone and used as rodenticides. Such measures should be aimed at limiting the risk of primary and secondary exposure of humans and non-target animals as well as the long term effects of the substance on the environment.

(8)

Because of the identified risks and its characteristics, which render it potentially persistent, liable to bioaccumulate and toxic, or very persistent and very liable to bioaccumulate difethialone should be included in Annex I for five years only and should be made subject to a comparative risk assessment in accordance with the second subparagraph of Article 10(5)(i) of Directive 98/8/EC before its inclusion in Annex I is renewed.

(9)

It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance difethialone and also to facilitate the proper operation of the biocidal products market in general.

(10)

A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

(11)

After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product-type 14 containing difethialone to ensure that they comply with Directive 98/8/EC.

(12)

Directive 98/8/EC should therefore be amended accordingly.

(13)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products,

(1)

Commission Regulation (EC) No 2032/2003 of 4 November 2003 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market and amending Regulation (EC) No 1896/2000 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes carbon dioxide.

(2)

Pursuant to Regulation (EC) No 2032/2003, carbon dioxide has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 14, rodenticides, as defined in Annex V to Directive 98/8/EC.

(3)

France was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 15 May 2006 in accordance with Article 10(5) and (7) of Regulation (EC) No 2032/2003.

(4)

The competent authority report has been reviewed by the Member States and the Commission. In accordance with Article 11(4) of Regulation (EC) No 2032/2003, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 21 June 2007, in an assessment report.

(5)

The review of carbon dioxide did not reveal any open questions or concerns to be addressed by the Scientific Committee on Health and Environmental Risks.

(6)

It appears from the various examinations made that biocidal products used as rodenticides and containing carbon dioxide may be expected to present only low risk to humans, animals and the environment and to satisfy the requirements laid down in Article 5 of Directive 98/8/EC, in particular with regard to the uses which were examined and detailed in the assessment report. It is therefore appropriate to include carbon dioxide in Annex IA, in order to ensure that in all Member States authorisations or registrations for biocidal products used as rodenticides and containing carbon dioxide can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.

(7)

It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance carbon dioxide and also to facilitate the proper operation of the biocidal products market in general.

(8)

A reasonable period should be allowed to elapse before an active substance is included in Annex IA in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

(9)

After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations or registrations of biocidal products in product-type 14 containing carbon dioxide to ensure that they comply with Directive 98/8/EC.

(10)

Directive 98/8/EC should therefore be amended accordingly.

(11)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products,

(1)

The development of nuclear medicine within the European Union contributes to the objective of ensuring human health protection. It necessitates the increased use of testing reactors for medical purposes.

(2)

On 19 February 2004, the Council adopted a Decision concerning the adoption of a supplementary research programme to be implemented by the Joint Research Centre for the European Atomic Energy Community (1). That programme was adopted for a period of three years, until 1 January 2007.

(3)

Within the framework of the European Research Area, the supplementary research programme involving the high flux reactor at Petten (the HFR) is one of the principal means available in the Union to contribute to the support and testing of medical diagnostic and therapeutic methods, to the development of materials sciences and to problem-solving in the field of nuclear energy.

(4)

The HFR is in operable condition until at least 2015, and a new operating licence was granted to the reactor operator in February 2005. The supplementary research programme should therefore be extended for a further year to make use of the technical facilities available. The extension should take effect retroactively, to cover the ongoing activities of the programme in the period from 1 January 2007.

(5)

The financial contributions necessary for this extension of the supplementary research programme will be provided by the Netherlands and France,

(1)

On 23 October 2006 the Council authorised the Commission, on behalf of the European Community and its Member States, to open negotiations with the Arab Republic of Egypt with a view to adjusting the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and Egypt, of the other part (1), hereinafter referred to as ‘the Euro-Mediterranean Agreement’, to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

(2)

These negotiations have since been completed to the satisfaction of the Commission.

(3)

Article 9(2) of the Protocol negotiated with Egypt provides for the provisional application of the Protocol before its entry into force.

(4)

The Protocol should be signed on behalf of the European Community and its Member States and applied on a provisional basis subject to its conclusion at a later date,

(1)

The Commission is required pursuant to Article 16(1) of Directive 92/34/EEC to decide whether fruit plant propagating material and fruit plants produced in a third country and affording the same guarantees as regards obligations on the supplier, identity, characteristics, plant health, growing medium, packaging, inspection arrangements, marking and sealing are equivalent in all these respects to fruit plant propagating material and fruit plants produced in the Community and complying with the requirements and conditions of that Directive.

(2)

However, the information presently available on the conditions applying in third countries is still not sufficient to enable the Commission to adopt any such decision in respect of any third country at this stage.

(3)

In order to prevent trade patterns from being disrupted, Member States importing fruit plant propagating material and fruit plants from third countries should continue to be allowed to apply conditions equivalent to those applicable to similar Community products in accordance with Article 16(2) of Directive 92/34/EEC. The period of application of the derogation provided for in Directive 92/34/EEC for such imports should consequently be extended beyond 31 December 2007.

(4)

Directive 92/34/EEC should therefore be amended accordingly.

(5)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Propagating Material and Plants of Fruit Genera and Species,

(1)

Commission Decision 2005/432/EC of 3 June 2005 laying down the animal and public health conditions and model certificates for imports of meat products for human consumption from third countries and repealing Decisions 97/41/EC, 97/221/EC and 97/222/EC (3) lays down the animal and public health rules and certification requirements for the importation into the Community of consignments of certain meat products, including the lists of third countries and parts thereof from which imports of such products are authorised.

(2)

Decision 2005/432/EC, as amended by Commission Decision 2006/801/EC (4), takes into account the health requirements and definitions laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (5), Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (6) and Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (7).

(3)

Annex I to Regulation (EC) No 853/2004 lays down separate definitions for meat products and for treated stomachs, bladders and intestines.

(4)

The specific treatments laid down for each third country by Decision 2005/432/EC are established basing on the treatments laid down by Directive 2002/99/EC in order to eliminate the potential animal health risk carried by the fresh meat used in the preparation of the meat products. From the animal health point of view, treated stomachs, bladders and intestines present the same animal health risk of the meat products. Therefore, they should be treated with the same specific treatments as provided for in Decision 2005/432/EC and consequently submitted to the harmonised veterinary certification for their import into the Community.

(5)

Animal health requirements for importation into the EU of casings are laid down in Decision 2003/779/EC (8). Therefore, the products covered by Decision 2003/779/EC should be excluded by the definition of meat products and treated stomachs, bladders and intestines laid down in this Decision.

(6)

Commission Decision 2004/432/EC of 29 April 2004 on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC (9) lists the third countries authorised to export to the Community on the basis of their approved residue monitoring plans.

(7)

Council Directive 97/78/EC (10) of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries lays down rules concerning veterinary checks on animal products introduced into the Community from third countries for the importation and transit of products of animal origin in the Community, including certain certification requirements.

(8)

It is necessary to lay down specific conditions for transit via the Community of consignments of meat products to and from Russia due to the geographical situation of Kaliningrad and taking into account climatic problems impeding the use of some ports at certain times of the year.

(9)

Commission Decision 2001/881/EC (11) of 7 December 2001 drawing up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission specifies the Border Inspection Posts authorised to control the transit of consignments of meat products to and from Russia via the Community.

(10)

Annex II to Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (12), establishes the list of third countries or parts thereof from which imports of fresh meat of certain animals are authorised. Iceland is listed in Annex II to that Decision as a country authorised to export fresh meat of certain animals. Therefore, import of meat products and treated stomachs, bladders and intestines of those animals from Iceland should be allowed without the application of any specific treatment.

(11)

Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (13) lays down the animal health, public health and zootechnical measures applicable to trade in live animals and animal products. Treatments applicable to meat products and treated stomachs, bladders and intestines from the Swiss Confederation should be in accordance with that agreement. Therefore, it is not necessary to set out these treatments in the Annex to this Decision.

(12)

Annex IX to Regulation (EC) No 999/2001 of the European Parliament and the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmisible spongiform encephalopaties (14) has been amended by Regulation (EC) No 722/2007 of the Commission of 25 June 2007 amending Annexes II, V, VI, VIII, IX and XI to Regulation (EC) No 999/2001 (15) and by Regulation (EC) No 1275/2007 (16) amending Annex IX to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmisissible encephalopathies. New requirements with regard to the BSE status of third countries to export meat products and treated intestines to the Community should be included in the certificate.

(13)

Commission Decision 2007/453/EC of 29 June 2007 establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk (17) lists countries or regions in three groups: negligible BSE risk, controlled BSE risk and undetermined BSE risk. A reference to that list should be made in the certificate.

(14)

In the interest of clarity of Community legislation, it is appropriate to repeal Decision 2005/432/EC and replace it by the present Decision.

(15)

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)

poultry including fowl, turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants and partridges reared or kept in captivity for breeding, the production of meat or eggs for consumption or for restocking supplies of game;

(b)

domestic animals of the following species: bovine animals, including Bubalus bubalis and Bison bison, swine, sheep, goats and solipeds;

(c)

rabbits and hares, and farmed game, as defined in point 1.6 of Annex I to Regulation (EC) No 853/2004;

(d)

wild game, as defined in point 1.5 of Annex I to Regulation (EC) No 853/2004.

(a)

comply with the conditions concerning origin and treatment set out in Annex I(1) and (2); and

(b)

originate in the following third countries and parts thereof:

(a)

only consignments of meat products and treated stomachs, bladders and intestines that are obtained from fresh meat, as defined in point 1.10 of Annex I to Regulation (EC) No 853/2004 that complies with the Community public health requirements, are imported into the Community;

(b)

only consignments of meat products and treated stomachs, bladders and intestines complying with the requirements of the model public and animal health certificate set out in Annex III are imported into the Community;

(c)

that certificate accompanies such consignments and is duly completed and signed by the official veterinarian of the third country of dispatch.

(a)

they come from the territory of a third country or a part thereof listed in Annex II and have undergone the minimum treatment for the import of meat products and treated stomachs, bladders and intestines of the species provided for therein;

(b)

they comply with the specific animal health conditions for the species concerned set out in the model animal and public health certificate in Annex III;

(c)

they are accompanied by an animal health certificate drawn up in accordance with the model set out in Annex IV, duly signed by an official veterinarian of the third country concerned;

(d)

they are certified as acceptable for transit or storage, as appropriate, on the common veterinary entry document by the official veterinarian of the border inspection post of introduction into the Community.