(1)

The Amsterdam Treaty aims to establish progressively an area of freedom, security and justice and confers the right of initiative on the Commission in order to take the relevant measures on a harmonised immigration policy.

(2)

It is essential that the uniform format for residence permits should contain all the necessary information and meet very high technical standards, in particular as regards safeguards against counterfeiting and falsification. This will contribute to the objective of preventing and fighting against illegal immigration and illegal residence. It must also be suited to use by all the Member States.

(3)

The integration of biometric identifiers is an important step towards the use of new elements, which establish a more reliable link between the holder and the residence permit as an important contribution to ensuring that it is protected against fraudulent use. The specifications set out in the International Civil Aviation Organisation (ICAO) document No 9303 Part 3 on Size 1 and 2 machine readable official documents should be taken into account.

(4)

Furthermore, the vast majority of Member States apply the principle of one person one document, which enhances security even further. It should be examined whether this principle should be rendered mandatory.

(5)

At its meeting in Thessaloniki on 19 and 20 June 2003, the European Council stressed that a coherent approach was needed in the EU on biometric identifiers or biometric data, which would result in harmonised solutions for documents for third country nationals, EU citizens’ passports and information systems.

(6)

The use of new technologies such as e-government and digital signature for access to e-services should be facilitated by giving Member States the possibility to use the storage medium used for the incorporation of biometric identifiers or an additional storage medium for that purpose in residence permits.

(7)

The purpose of this Regulation is solely to set the security features and biometric identifiers to be used by the Member States in a uniform format of residence permit for third-country nationals.

(8)

This Regulation only lays down specifications that are not secret; these specifications need to be supplemented by further specifications which may remain secret in order to prevent counterfeiting and falsifications and which may not include personal data or references to such data. Powers to adopt such supplementary specifications should be conferred on the Commission, which should be assisted by the Committee established by Article 6 of Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (2).

(9)

With regard to the personal data to be processed in the context of the uniform format for residence permits, Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (3) applies. It must be ensured that no further information is stored on the uniform format for residence permits unless provided for in Council Regulation (EC) No 1030/2002 (4), its Annex or unless it is mentioned in the relevant travel document.

(10)

In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of introducing biometric identifiers in interoperable formats to lay down rules for all Member States implementing the Schengen Convention. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued in accordance with the third paragraph of Article 5 of the Treaty.

(11)

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark does not take part in the adoption of this Regulation, and is therefore not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark should, in accordance with Article 5 of that Protocol, decide within a period of six months after the adoption of this Regulation, whether it will implement it in its national law.

(12)

As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (5) which fall within the area referred to in Article 1, point C of Council Decision 1999/437/EC (6) on certain arrangements for the application of that Agreement.

(13)

In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom gave notice, by letter of 29 December 2003, of its wish to take part in the adoption and application of this Regulation.

(14)

In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland gave notice, by letter of 19 December 2003, of its wish to take part in the adoption and application of this Regulation.

(15)

As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed by the European Union, the European Community and the Swiss Confederation on the latter's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point C of Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decision 2004/860/EC (7),

1.

Article 1 shall be amended as follows:

2.

the following points shall be added to Article 2(1):

3.

in Article 3, the first paragraph shall be replaced by the following:

‘In accordance with the procedure referred to in Article 7(2), it may be decided that the specifications referred to in Article 2 shall be secret and not be published. In that case they shall be made available only to the bodies designated by the Member States as responsible for the printing and to persons duly authorised by a Member State or the Commission.’;

4.

in Article 4, the second paragraph shall be replaced by the following:

‘No information in machine-readable form shall be included on the resident permit or on the storage medium of the residence permit referred to in Article 4a, unless provided for in this Regulation, or its Annex or unless it is mentioned in the related travel document by the issuing State in accordance with its national legislation. Member States may also store data for e-services such as e-government and e-business as well as additional provisions relating to the residence permit on a chip referred to in point 16 of the Annex. However, all national data must be logically separated from the biometric data referred to in Article 4a.

For the purposes of this Regulation, the biometric features in residence permits shall only be used for verifying:

5.

the following Articles shall be inserted:

(*1)   OJ L 385, 29.12.2004, p. 1.’;"

6.

the following Article shall be inserted:

7.

in Article 9, the third paragraph shall be replaced by the following:

‘The storage of the facial image as primary biometric identifier shall be implemented at the latest two years, and the storage of the two fingerprint images at the latest three years, after the adoption of the respective technical measures provided for in Article 2(1)(d) and (e).

However, the validity of residence permits already issued shall not be affected by the implementation of this Regulation, unless the Member State concerned decides otherwise.

For a transitional period of two years after the adoption of the technical specifications for the facial image referred to in the third paragraph of this Article, the residence permit may continue to be issued in sticker form.’;

8.

the Annex shall be amended in accordance with Annex I to this Regulation.

(1)

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

(1)

Commission Regulation (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef and veal sector and repealing Regulation (EEC) No 2377/80 (2) has been substantially amended several times (3). Since further amendments are to be made, it should be recast in the interests of clarity.

(2)

Regulation (EC) No 1254/1999 makes all imports into the Community of the products listed in Article 1(1)(a) of that Regulation subject to presentation of an import licence. Experience has shown the need for close monitoring of the trend of trade in all products of the beef and veal sector of particular importance for the balance of this particularly sensitive market. Accordingly to improve market management import licences should also be required for products of CN codes 1602 50 31 to 1602 50 80 and 1602 90 69.

(3)

It is necessary to monitor imports into the Community of young male animals, in particular calves. Issuing of import licences for those animals should be made conditional on the indication of their country of provenance.

(4)

Under Article 6(4) of 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 (4), the original of the veterinary certificate must accompany bovine animals until they reach the border inspection post.

(5)

There are order numbers in the Integrated Tariff of the European Communities (TARIC) that enable identification of the import tariff quotas, the products involved and in certain cases their origin. The Member States should be required to put those numbers on the import licences or extract(s) therefrom and to use them in their notifications to the Commission.

(6)

The competent national authority issuing the import licence does not always know the country of origin of the quantities imported under tariff quotas opened for several countries or of the quantities imported subject to CCT duties. Identification of the country of origin in the case of tariff quotas or in the case of non-preferential imports should be made a primary requirement within the meaning of Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (5), and entry of the country of origin for the quotas in question and for non-preferential imports in column 31 of the import licence or extract thereof should therefore be required.

(7)

Regulation (EC) No 1254/1999 requires presentation of an export licence with advance fixing of the refund in the case of any export operation for which an export refund is claimed. Specific rules of application for that arrangement should be determined, covering in particular submission of applications and the information to be given on applications and licences. The provisions of Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (6), should accordingly be supplemented.

(8)

Article 33(11) of Regulation (EC) No 1254/1999 provides for the export volume obligations arising from the agreements concluded in accordance with Article 300 of the Treaty to be respected on the basis of export licences. Precise rules should therefore be laid down on lodging of applications, issuing of licences and the length of validity of these licences.

(9)

Further, notification of decisions on export licence applications should be made only after a reflection period enabling the Commission to assess the quantities applied for and the relevant expenditure and if appropriate take particular action on the applications in question. In the interests of applicants they should be able to withdraw applications if an acceptance percentage applying to these has been set.

(10)

In the case of applications for quantities not exceeding 25 tonnes immediate issuing of the licence, if the operator so requests, should be permitted. To prevent circumvention of the standard provisions the period of validity of such licences should be restricted.

(11)

To permit very precise management of quantities exported the tolerance rules set in Regulation (EC) No 1291/2000 should not apply.

(12)

It is necessary to incorporate in this Regulation the special export provisions of Commission Regulation (EC) No 1643/2006 of 7 November 2006 laying down detailed rules for the application of granting of assistance for the export of beef and veal products which may benefit from a special import treatment in a third country (7), and Commission Regulation (EC) No 2051/96 of 25 October 1996 laying down certain detailed rules for granting of assistance for the export of beef and veal which may benefit from a special import treatment in Canada and amending Regulation (EC) No 1445/95 (8).

(13)

To be able to run these import and export licence arrangements properly, the Commission needs precise information on licence applications made and the use of those issued. Administrative efficiency dictates that communications from Member States to the Commission be made in a single prescribed form.

(14)

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

(1)

By its Decision of 18 September 2006 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2006 to 17 September 2009.

(2)

Two members' seats on the Governing Board of the Centre in the category of Government representatives have become vacant as a result of the resignations of Ms Pilar GÓMEZ MUÑOZ and Mr Marcel NOLLEN,

(3)

The two members of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2009,

SPAIN: Ms María José GARIJO EQUIZA

The NETHERLANDS: Mr Peter van IJSSELMUIDEN

(1)

Regulation (EC) No 21/2004 provides that each Member State is to establish a system for the identification and registration of ovine and caprine animals in accordance with that Regulation. Pursuant to Regulation (EC) No 21/2004, the first means of identification of those animals is eartags. The second means of identification includes the electronic identification of ovine and caprine animals.

(2)

Commission Decision 2006/968/EC (2) sets out guidelines and procedures for the approval of identifiers and readers for the electronic identification of ovine and caprine animals pursuant to Regulation (EC) No 21/2004. That Decision lays down minimum requirements concerning certain conformance and performance tests for the approval of those identifiers and readers. Those tests are to be carried out by designated test laboratories that operate and are assessed and accredited in accordance with certain European standards.

(3)

Article 12(2) of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (3) refers to those European standards in relation to the designation by competent authorities of official laboratories.

(4)

It is appropriate to amend the reference in Decision 2006/968/EC to those standards in order to take into account the specific character of the test laboratories referred to in that Decision.

(5)

Article 18 of Commission Regulation (EC) No 2076/2005 of 5 December 2005 laying down transitional arrangements for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004, (EC) No 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (4) provides for a derogation from Article 12(2) of Regulation (EC) No 882/2004. Pursuant to that derogation, the competent authority may designate for a transitional period a test laboratory which has not been accredited. For the sake of clarity, Decision 2006/968/EC should refer to this derogation.

(6)

Decision 2006/968/EC should therefore be amended accordingly.

(7)

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

(1)

Commission Decision 2004/438/EC of 29 April 2004 laying down animal and public health and veterinary certification conditions for introduction in the Community of heat-treated milk, milk-based products and raw milk intended for human consumption (3) contains a list in Annex I thereto of third countries from which imports into the Community of raw milk and raw-milk based products are allowed, subject to certain conditions. In addition, consignments of milk and milk-based products which comply with the animal health requirements set out in that Decision may transit through the Community to other third countries.

(2)

Australia is included in the list of third countries from which imports into the Community of milk and milk products are allowed. Imports of milk and milk products from Australia are limited to products that have undergone a pasteurisation or sterilisation process. Australia has requested to be authorised to export also raw milk and raw-milk based products for human consumption.

(3)

The treatments provided for in Decision 2004/438/EC are applied to milk and milk products in order to protect the animal health status of the Community. In the light of the animal health situation in Australia, and in particular its foot-and-mouth disease free status from 1872 when the last outbreak was detected, imports of those products from that third country should be authorised as they do not represent an animal health risk.

(4)

The entry for Australia for raw milk and raw-milk based products in column A of the list in Annex I to Decision 2004/438/EC should therefore be amended accordingly.

(5)

Serbia has requested to be included in the list of third countries from which imports into the Community of heat-treated milk and milk-based products for human consumption are authorised, so that the transit is allowed of such products through the territory of the Community, with the final destinations in other third countries.

(6)

General Commission animal health audits have been carried out in Serbia, most recently in June 2007, which demonstrate that the competent authorities can give appropriate guarantees that the animal health situation in that country can be considered satisfactory.

(7)

Accordingly heat-treated milk and milk-based products from that third country should be authorised concerning animal health aspects.

(8)

A further mission to fully assess the public health aspects will have to be carried out before the establishments can be listed for imports into the Community, however in the mean time transit of such products should be authorised.

(9)

The entries for Serbia for heat-treated milk and milk-based products for human consumption should be therefore added in columns B and C of the list in Annex I.

(10)

In addition, it is appropriate to update a footnote in that Annex for Switzerland in order to refer to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products.

(11)

Annex I to Decision 2004/438/EC should therefore be amended accordingly.

(12)

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

(1)

Directive 2003/85/EC sets out minimum control measures to be applied in the event of an outbreak of foot-and-mouth disease and certain preventive measures aimed at increasing the awareness and preparedness of the competent authorities and the farming community concerning that disease.

(2)

The preventive measures set out in Directive 2003/85/EC include the provision that Member States are to ensure that the handling of live foot-and-mouth disease virus for research, diagnosis or manufacture is carried out only in approved laboratories listed in Annex XI to that Directive.

(3)

Part A of Annex XI to Directive 2003/85/EC lists national laboratories authorised to handle live foot-and-mouth disease virus for research and diagnostic purposes.

(4)

Denmark has officially informed the Commission of changes relating to the administration of its national reference laboratory for foot-and-mouth disease.

(5)

Latvia and Slovenia have officially informed the Commission that their respective national reference laboratories are no longer considered to meet the security standards laid down in Article 65(d) and should therefore bee deleted from the list in Part A of Annex XI to Directive 2003/85/EC.

(6)

The Netherlands have officially informed the Commission of changes relating to the name of their national reference laboratory for foot-and-mouth disease.

(7)

For security reasons it is important to keep the list of laboratories authorised to handle live foot-and-mouth disease virus in Directive 2003/85/EC updated.

(8)

Accordingly, it is necessary to replace the list of laboratories authorised to handle live foot-and-mouth disease virus in Part A of Annex XI to Directive 2003/85/EC by the list set out in the Annex to this Decision.

(9)

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

(1)

In accordance with Commission Decision 2006/133/EC of 13 February 2006 requiring Member States temporarily to take additional measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode – PWN) as regards areas in Portugal, other than those in which it is known not to occur (2), Portugal has taken measures against the dissemination of the pine wood nematode.

(2)

Portugal has sent a report to the Commission on the execution of those measures in 2007 which shows that PWN has not spread beyond the demarcated areas, but continues to be present in those areas.

(3)

The implementation of the Portuguese measures in 2007 was evaluated by the Standing Committee on Plant Health in its meeting of 26-27 November 2007. It was concluded that the reduction of infection level in the demarcated area aimed at by Decision 2006/133/EC had not been fully achieved.

(4)

Therefore, Portugal should continue to take such measures in the form of an eradication plan until 31 March 2012, a realistic period to achieve a significant progress in the control of PWN.

(5)

To increase the efficiency of those measures in case of isolated outbreaks in the buffer zone of the demarcated area, a ‘focus zone’ should be established within the buffer zone where susceptible plants are removed. Around the focus zone there should be a zone where susceptible plants are inspected regularly (safety zone).

(6)

The requirements for the movement of susceptible wood in the form of packaging material originating in the demarcation area should be aligned with the Food and Agriculture Organization (FAO) International Standard for Phytosanitary Measures No 15 on Guidelines for regulating wood packaging material in international trade.

(7)

Decision 2006/133/EC should therefore be amended accordingly.

(8)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

1.

Article 2 is replaced by the following:

2.

In the second paragraph of Article 4, the words ‘by 15 December 2006 and 15 December 2007’ are replaced by the words ‘annually by 15 December’.

3.

The Annex to Decision 2006/133/EC is amended in accordance with the Annex to this Decision.

(1)

Decision 90/424/EEC lays down the procedures governing the Community's financial contribution towards the programmes for the eradication, control and monitoring of animal diseases and zoonoses. Pursuant to that Decision, a Community financial measure is to be introduced to reimburse the expenditure incurred by the Member States for the financing of national programmes for the eradication, control and monitoring of the animal diseases and zoonoses listed in the Annex to that Decision.

(2)

Decision 90/424/EEC provides that each year, by 30 April at the latest, Member States are to submit to the Commission the annual or multi-annual programmes starting in the following year for which they wish to receive a financial contribution from the Community.

(3)

Article 24(2) of that Decision lists certain elements which have to be contained in the programmes submitted by the Member States, such as a description of the epidemiological situation of the disease, the area where the programme is to be applied, the objective and likely duration of the programme, the measures to be applied and the costs and benefits of the programme.

(4)

Council Decision 90/638/EEC of 27 November 1990 laying down Community criteria for the eradication and monitoring of certain animal diseases (2) laid down certain criteria for eradication and monitoring programmes in order to be approved pursuant to Decision 90/424/EEC. Decision 2006/965/EC repeals Decision 90/638/EEC from the date the present Decision takes effect.

(5)

New criteria for the national programmes for the eradication, control and monitoring of animal diseases and zoonoses listed in Annex I to Decision 90/424/EEC should be laid down in order to match technical and scientific progress and to take account of experience in the implementation of the programmes under Decision 90/638/EEC. Those new Community criteria should ensure that the measures provided for in those programmes are effective and secure the more rapid eradication, control and monitoring of the diseases and zoonoses concerned.

(6)

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