I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

15.5.2008

Official Journal of the European Union

L 127/1

COUNCIL REGULATION (EC, EURATOM) No 420/2008

of 14 May 2008

adjusting with effect from 1 July 2007 the remuneration and pensions of officials and other servants of the European Communities

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Protocol on the Privileges and Immunities of the European Communities, and in particular Article 13 thereof,

Having regard to the Staff Regulations of officials and the conditions of employment of other servants of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular Articles 63, 65 and 82 of the Staff Regulations and Annexes VII, XI and XIII thereto, and the first paragraph of Article 20, Article 64 and Article 92 of the Conditions of employment of other servants,

Having regard to the proposal from the Commission,

Whereas:

(1)

Italy, on the basis of the national law adopted in December 2007, communicated the new data concerning the retroactive increase in the real remuneration of civil servants in the central government in that Member State with the date of effect of 1 February 2007, which falls in the reference period from 1 July 2006 to 1 July 2007, and therefore Eurostat modified the Specific Indicator for the reference period.

(2)

Since those data were not available at the time when the Commission presented the proposal concerning the reference period from 1 July 2006 to 1 July 2007, Council Regulation (EC, Euratom) No 1558/2007 which was adopted on the basis of that proposal did not take into account the actual increase in the remuneration in the Italian civil service.

(3)	In order to guarantee that the purchasing power of Community officials and other servants develops in parallel with that of national civil servants in the Member States, the remuneration and pensions of officials and other servants of the Communities should be adjusted under the additional review,

HAS ADOPTED THIS REGULATION:

Article 1

With effect from 1 July 2007, the table of basic monthly salaries in Article 66 of the Staff Regulations applicable for the purposes of calculating remuneration and pensions shall be replaced by the following:

1.7.2007	Step
Grade	1	2	3	4	5
16	15 824,35	16 489,31	17 182,21
15	13 986,08	14 573,79	15 186,20	15 608,71	15 824,35
14	12 361,36	12 880,80	13 422,07	13 795,49	13 986,08
13	10 925,38	11 384,48	11 862,87	12 192,91	12 361,36
12	9 656,21	10 061,97	10 484,79	10 776,50	10 925,38
11	8 534,47	8 893,10	9 266,80	9 524,62	9 656,21
10	7 543,05	7 860,02	8 190,31	8 418,17	8 534,47
9	6 666,80	6 946,94	7 238,86	7 440,26	7 543,05
8	5 892,33	6 139,94	6 397,95	6 575,95	6 666,80
7	5 207,84	5 426,68	5 654,72	5 812,04	5 892,33
6	4 602,86	4 796,28	4 997,82	5 136,87	5 207,84
5	4 068,16	4 239,11	4 417,24	4 540,14	4 602,86
4	3 595,57	3 746,66	3 904,10	4 012,72	4 068,16
3	3 177,89	3 311,43	3 450,58	3 546,58	3 595,57
2	2 808,72	2 926,75	3 049,73	3 134,58	3 177,89
1	2 482,44	2 586,76	2 695,45	2 770,45	2 808,72

Article 2

With effect from 1 July 2007, the amount of the parental leave allowance referred to in the second and third paragraphs of Article 42a of the Staff Regulations shall be EUR 852,74 and EUR 1 136,98 for single parents.

Article 3

With effect from 1 July 2007 the basic amount of the household allowance referred to in Article 1(1) of Annex VII to the Staff Regulations shall be EUR 159,49.

With effect from 1 July 2007 the amount of the dependent child allowance referred to in Article 2(1) of Annex VII to the Staff Regulations shall be EUR 348,50.

With effect from 1 July 2007 the amount of the education allowance referred to in Article 3(1) of Annex VII to the Staff Regulations shall be EUR 236,46.

With effect from 1 July 2007 the amount of the education allowance referred to in Article 3(2) of Annex VII to the Staff Regulations shall be EUR 85,14.

With effect from 1 July 2007, the minimum amount of the expatriation allowance referred to in Article 69 of the Staff Regulations and in the second subparagraph of Article 4(1) of Annex VII thereto shall be EUR 472,70.

Article 4

With effect from 1 January 2008, the kilometric allowance referred to in the second subparagraph of Article 8(2) of Annex VII to the Staff Regulations shall be adjusted as follows:

EUR 0 for every km from 0 to 200 km,

EUR 0,3545 for every km from 201 to 1 000 km,

EUR 0,5908 for every km from 1 001 to 2 000 km,

EUR 0,3545 for every km from 2 001 to 3 000 km,

EUR 0,1181 for every km from 3 001 to 4 000 km,

EUR 0,0569 for every km from 4 001 to 10 000 km,

EUR 0 for every km over 10 000 km.

To the above kilometric allowance a flat-rate supplement shall be added, amounting to:

—	EUR 177,22 if the distance by train between the place of employment and the place of origin is between 725 km and 1 450 km,

—	EUR 354,41 if the distance by train between the place of employment and the place of origin is greater than 1 450 km.

Article 5

With effect from 1 July 2007 the daily subsistence allowance referred to in Article 10(1) of Annex VII to the Staff Regulations shall be:

—	EUR 36,63 for an official who is entitled to the household allowance,

—	EUR 29,53 for an official who is not entitled to the household allowance.

Article 6

With effect from 1 July 2007, the lower limit for the installation allowance referred to in Article 24(3) of the Conditions of employment of other servants shall be:

—	EUR 1 042,85 for a servant who is entitled to the household allowance,

—	EUR 620,08 for a servant who is not entitled to the household allowance.

Article 7

With effect from 1 July 2007, for the unemployment allowance referred to in the second subparagraph of Article 28a(3) of the Conditions of employment of other servants, the lower limit shall be EUR 1 250,67, the upper limit shall be EUR 2 501,35 and the standard allowance shall be EUR 1 136,98.

Article 8

With effect from 1 July 2007, the table of basic monthly salaries in Article 63 of the Conditions of employment of other servants shall be replaced by the following:

1.7.2007		Step
Category	Group	1	2	3	4
A	I	6 374,10	7 163,65	7 953,20	8 742,75
	II	4 626,21	5 077,00	5 527,79	5 978,58
	III	3 887,62	4 060,79	4 233,96	4 407,13
B	IV	3 734,56	4 100,17	4 465,78	4 831,39
B	V	2 933,43	3 126,80	3 320,17	3 513,54
C	VI	2 789,91	2 954,16	3 118,41	3 282,66
C	VII	2 497,07	2 582,03	2 666,99	2 751,95
D	VIII	2 256,96	2 389,89	2 522,82	2 655,75
D	IX	2 173,54	2 203,82	2 234,10	2 264,38

Article 9

With effect from 1 July 2007, the table of basic monthly salaries in Article 93 of the Conditions of employment of other servants shall be replaced by the following:

Function Group	1.7.2007	Step
Function Group	Grade	1	2	3	4	5	6	7
IV	18	5 455,05	5 568,49	5 684,30	5 802,51	5 923,17	6 046,35	6 172,09
	17	4 821,32	4 921,58	5 023,93	5 128,40	5 235,05	5 343,92	5 455,05
	16	4 261,20	4 349,82	4 440,28	4 532,62	4 626,88	4 723,10	4 821,32
	15	3 766,16	3 844,48	3 924,43	4 006,04	4 089,35	4 174,39	4 261,20
	14	3 328,63	3 397,85	3 468,51	3 540,64	3 614,28	3 689,44	3 766,16
	13	2 941,93	3 003,11	3 065,56	3 129,31	3 194,39	3 260,82	3 328,63
III	12	3 766,10	3 844,42	3 924,36	4 005,97	4 089,27	4 174,31	4 261,11
	11	3 328,60	3 397,82	3 468,48	3 540,60	3 614,23	3 689,38	3 766,10
	10	2 941,92	3 003,10	3 065,55	3 129,30	3 194,37	3 260,80	3 328,60
	9	2 600,17	2 654,24	2 709,43	2 765,77	2 823,29	2 881,99	2 941,92
	8	2 298,11	2 345,90	2 394,68	2 444,48	2 495,31	2 547,20	2 600,17
II	7	2 600,10	2 654,18	2 709,39	2 765,74	2 823,27	2 881,99	2 941,93
	6	2 297,99	2 345,79	2 394,58	2 444,38	2 495,22	2 547,12	2 600,10
	5	2 030,98	2 073,23	2 116,35	2 160,37	2 205,30	2 251,17	2 297,99
	4	1 795,00	1 832,33	1 870,45	1 909,35	1 949,06	1 989,60	2 030,98
I	3	2 211,30	2 257,19	2 304,04	2 351,86	2 400,67	2 450,49	2 501,35
	2	1 954,88	1 995,46	2 036,87	2 079,14	2 122,29	2 166,34	2 211,30
	1	1 728,20	1 764,07	1 800,68	1 838,05	1 876,20	1 915,14	1 954,88

Article 10

With effect from 1 July 2007, the lower limit for the installation allowance referred to in Article 94 of the Conditions of employment of other servants shall be:

—	EUR 784,40 for a servant who is entitled to the household allowance,

—	EUR 465,05 for a servant who is not entitled to the household allowance.

Article 11

With effect from 1 July 2007, for the unemployment allowance referred to in the second subparagraph of Article 96(3) of the Conditions of employment of other servants, the lower limit shall be EUR 938,01, the upper limit shall be EUR 1 876,01 and the standard allowance shall be EUR 852,74.

Article 12

With effect from 1 July 2007, the allowances for shiftwork laid down in the first subparagraph of Article 1(1) of Council Regulation (ECSC, EEC, Euratom) No 300/76 (2) shall be EUR 357,45, EUR 539,51, EUR 589,88 and EUR 804,20.

Article 13

With effect from 1 July 2007, the amounts in Article 4 of Regulation (EEC, Euratom, ECSC) No 260/68 (3) of the Council shall be subject to a coefficient of 5,159819.

Article 14

With effect from 1 July 2007, the table in Article 8(2) of Annex XIII to the Staff Regulations shall be replaced by the following:

1.7.2007	Step
Grade	1	2	3	4	5	6	7	8
16	15 824,35	16 489,31	17 182,21	17 182,21	17 182,21	17 182,21
15	13 986,08	14 573,79	15 186,20	15 608,71	15 824,35	16 489,31
14	12 361,36	12 880,80	13 422,07	13 795,49	13 986,08	14 573,79	15 186,20	15 824,35
13	10 925,38	11 384,48	11 862,87	12 192,91	12 361,36
12	9 656,21	10 061,97	10 484,79	10 776,50	10 925,38	11 384,48	11 862,87	12 361,36
11	8 534,47	8 893,10	9 266,80	9 524,62	9 656,21	10 061,97	10 484,79	10 925,38
10	7 543,05	7 860,02	8 190,31	8 418,17	8 534,47	8 893,10	9 266,80	9 656,21
9	6 666,80	6 946,94	7 238,86	7 440,26	7 543,05
8	5 892,33	6 139,94	6 397,95	6 575,95	6 666,80	6 946,94	7 238,86	7 543,05
7	5 207,84	5 426,68	5 654,72	5 812,04	5 892,33	6 139,94	6 397,95	6 666,80
6	4 602,86	4 796,28	4 997,82	5 136,87	5 207,84	5 426,68	5 654,72	5 892,33
5	4 068,16	4 239,11	4 417,24	4 540,14	4 602,86	4 796,28	4 997,82	5 207,84
4	3 595,57	3 746,66	3 904,10	4 012,72	4 068,16	4 239,11	4 417,24	4 602,86
3	3 177,89	3 311,43	3 450,58	3 546,58	3 595,57	3 746,66	3 904,10	4 068,16
2	2 808,72	2 926,75	3 049,73	3 134,58	3 177,89	3 311,43	3 450,58	3 595,57
1	2 482,44	2 586,76	2 695,45	2 770,45	2 808,72

Article 15

With effect from 1 July 2007 the amount of the dependent child allowance referred to in the first subparagraph of Article 14 of Annex XIII to the Staff Regulations shall be as follows:

1.7.2007-31.12.2007	EUR 320,54,
1.1.2008-31.12.2008	EUR 334,51.

Article 16

With effect from 1 July 2007 the amount of the education allowance referred to in the first subparagraph of Article 15 of Annex XIII to the Staff Regulations shall be as follows:

1.7.2007-31.8.2007	EUR 51,07,
1.9.2007-31.8.2008	EUR 68,10.

Article 17

With effect from 1 July 2007, for the purposes of application of Article 18(1) of Annex XIII to the Staff Regulations, the amount of the fixed allowance mentioned in the former Article 4a of Annex VII to the Staff Regulations in force before 1 May 2004 shall be:

—	EUR 123,31 per month for officials in Grade C4 or C5,

—	EUR 189,06 per month for officials in Grade C1, C2 or C3.

Article 18

This Regulation shall enter into force on the 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, 14 May 2008.

For the Council

The President

A. BAJUK

(1) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 1558/2007 (OJ L 340, 22.12.2007, p. 1).

(2) Council Regulation (ECSC, EEC, Euratom) No 300/76 of 9 February 1976 determining the categories of officials entitled to allowances for shiftwork, and the rates and conditions thereof (OJ L 38, 13.2.1976, p. 1). Regulation as supplemented by Regulation (Euratom, ECSC, EEC) No 1307/87 (OJ L 124, 13.5.1987, p. 6) and last amended by Regulation (EC, Euratom) No 1558/2007.

(3) Regulation (EEC, Euratom, ECSC) No 260/68 of the Council of 29 February 1968 laying down the conditions and procedure for applying the tax for the benefit of the European Communities (OJ L 56, 4.3.1968, p. 8). Regulation as last amended by Regulation (EC, Euratom) No 1558/2007.

15.5.2008

Official Journal of the European Union

L 127/13

COMMISSION REGULATION (EC) No 423/2008

of 8 May 2008

on laying down certain detailed rules for implementing Council Regulation (EC) No 1493/1999 and establishing a Community code of oenological practices and processes

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Articles 46 and 80 thereof,

Whereas:

(1)

Commission Regulation (EC) No 1622/2000 of 24 July 2000 on laying down certain detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine and establishing a Community code of oenological practices and processes (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Regulation should be codified.

(2)	Chapter I of Title V of Regulation (EC) No 1493/1999 and several of the Annexes thereto lay down general rules on oenological practices and processes and refer for the rest to detailed implementing rules to be adopted by the Commission.

(3)	In the interests of both economic operators in the Community and the authorities responsible for applying Community rules, all those provisions should be collated in a Community code of oenological practices and processes.

(4)

The Community Code should thus be established to include only the detailed implementing rules explicitly referred to by the Council in Regulation (EC) No 1493/1999. For the rest, the rules under Articles 28 et seq. of the Treaty should suffice to ensure free movement of wine-sector products where oenological processes and practices are concerned.

(5)	It should also be specified that the code is to apply without prejudice to specific provisions in other fields, in particular, rules already existing or to be adopted in the future for foodstuffs.

(6)

Article 42(5) of Regulation (EC) No 1493/1999 permits grapes other than those of the wine-grape varieties listed in the classification established in accordance with Article 19 of that Regulation, or products derived therefrom, to be used in the Community for the manufacture of the products listed in Article 42(5). A list should be drawn up of the varieties to which such derogations may apply.

(7)

Pursuant to Annex V to Regulation (EC) No 1493/1999 a list should be drawn up of quality liqueur wines produced in specified regions (quality liqueur wines psr) for which special rules of preparation are allowed. To enable products to be more easily identified and to facilitate intra-Community trade, reference should be made to the descriptions of products as established by Community rules or, where appropriate, by national legislation.

(8)	Limits on the use of certain substances should also be fixed, pursuant to Annex IV to Regulation (EC) No 1493/1999, and conditions should be laid down for the use of some of them.

(9)

Experiments concerning the use of lysozyme in winemaking carried out by two Member States have shown that the addition of this substance is of significant benefit for the stabilisation of wines and permits the production of quality wines with a reduced sulphur dioxide content. Its use should therefore be permitted and maximum doses laid down in line with the technological requirements revealed in the experiments.

(10)

Article 44 of Council Regulation (EEC) No 337/79 (4), as amended by Regulation (EEC) No 3307/85 (5), reduced the maximum total sulphur dioxide content of wines other than sparkling and liqueur wines and certain quality wines by 15 mg per litre, with effect from 1 September 1986. To avoid difficulty in disposing of wine as a result of this change in the production rules, wine produced before that date in the Community, with the exception of Portugal, was allowed to be offered for direct human consumption after that date. That authorisation also applied, for a transitional period of one year from that date, to wine originating in third countries or in Portugal, provided that its total sulphur dioxide content complied with the Community rules or, where applicable, the Spanish rules in force before 1 September 1986. Since there might still be stocks of such wine, the measure in question should be extended.

(11)

Articles 12 and 16 of Council Regulation (EEC) No 358/79 of 5 February 1979 on sparkling wines produced in the Community and defined in item 13 of Annex II to Regulation (EEC) No 337/79 (6) reduced the maximum total sulphur dioxide content of sparkling wines, quality sparkling wines and quality sparkling wines produced in specified regions by 15 milligrams per litre with effect from 1 September 1986. In the case of sparkling wines originating in the Community, with the exception of Portugal, Article 22(1) of Regulation (EEC) No 358/79 allowed such products to be disposed of until stocks were exhausted provided that they had been prepared in accordance with that Regulation as it applied before 1 September 1986. Transitional provisions should be laid down for imported sparkling wines and sparkling wines produced in Spain and Portugal before 1 September 1986 in order to avoid difficulties in disposing of such products. Those products should therefore be permitted to be offered for sale for a transitional period after that date, provided that their total sulphur dioxide content complies with the Community provisions in force before 1 September 1986.

(12)

Point B(1) of Annex V to Regulation (EC) No 1493/1999 fixes the maximum volatile acid content of wine. Provision may be made for derogations for certain quality wines produced in specified regions (quality wines psr) and certain table wines described by means of a geographical indication or having an alcoholic strength of 13 % or more. Some German, Spanish, French, Italian, Austrian and United Kingdom wines in these categories normally have a volatile acidity higher than that provided for in abovementioned Annex V owing to the special methods by which they are prepared and their high alcoholic strength. In order that those wines may continue to be prepared by the customary methods whereby they acquire their characteristic properties, provision should be made for a derogation from the abovementioned point B(1) of Annex V in their case.

(13)	In accordance with point D(3) of Annex V to Regulation (EC) No 1493/1999, the wine-growing regions where the addition of sucrose was traditionally practised in accordance with legislation in force on 8 May 1970 should be specified.

(14)	The small size of the wine-growing sector of Luxembourg means that the competent authorities can carry out systematic analytical checks of all batches of products turned into wine. Declarations of intention to enrich wine are not indispensable so long as those conditions continue to apply.

(15)

In accordance with point G(5) of Annex V to Regulation (EC) No 1493/1999, all enrichment, acidification and deacidification operations must be notified to the competent authorities. This also holds for quantities of sugar, concentrated grape must and rectified concentrated grape must held by the natural or legal persons undertaking such operations. The purpose of such notification is to allow the operations in question to be monitored. Notifications must therefore be addressed to the competent authority of the Member State on whose territory the operation is to take place and must be as accurate as possible. Where an increase in alcoholic strength is involved, the competent authority must be notified in sufficient time to carry out an effective check. In the case of acidification and deacidification, a check after the operation is sufficient. For that reason and to simplify administrative procedures, it must therefore be possible to make such notification, except for the first notification in the wine year, by updating records regularly verified by the competent authority.

(16)	Point F(1) of Annex V to Regulation (EC) No 1493/1999 lays down certain rules for the sweetening of wines. That provision refers primarily to table wine but also applies to quality wines psr by virtue of point G(2) of Annex VI to that Regulation.

(17)	Sweetening must not lead to enrichment in excess of the limits set in point C of Annex V to Regulation (EC) No 1493/1999. Special provision has been made to that end in point F(1) of Annex V to that Regulation. In addition, checks are essential to ensure compliance with the provisions in question.

(18)	In order in particular to help make checks effective, sweetening should be carried out only at the production stage or another stage as close to production as possible. It should therefore be restricted to the production and wholesale stages.

(19)

The supervisory authorities must be informed of all impending sweetening operations. Anyone intending to carry out a sweetening operation should therefore be required to notify the supervisory authorities in writing. However, this procedure may be simplified when an undertaking carries out sweetening frequently or continuously.

(20)

The purpose of such notifications is to allow the operations in question to be monitored. Notifications must therefore be addressed to the competent authority of the Member State on whose territory the operation is to take place, be as accurate as possible and reach the competent authority prior to the operation.

(21)

For checks to be effective, the quantities of grape must or concentrated grape must held by the party concerned before the sweetening operation must be declared. However, such declarations are of no value unless there is also an obligation to keep inwards and outwards registers of products used in sweetening operations.

(22)	In order to prevent sucrose from being used to sweeten liqueur wines, the use of rectified concentrated grape must, in addition to concentrated grape must, should be permitted.

(23)	‘Coupage’ is a widespread oenological practice and, in view of its possible consequences, its use must be regulated in order to prevent abuse.

(24)

Indication of geographical origin or vine variety is of great importance for the commercial value of wines or musts originating in the same wine-growing zone of the Community or in the same production area of a third country. The mixing of wines or grape musts from the same zone, but from different geographical areas within that zone, or from different vine varieties or harvest years should therefore also be regarded as coupage where the description of the resulting product mentions the geographical origin, wine variety or harvest year.

(25)	The Member States should be allowed to authorise the use, for a limited time for experimental purposes, of oenological practices and processes not provided for in Regulation (EC) No 1493/1999.

(26)

Under Article 46(3) of Regulation (EC) No 1493/1999 methods of analysis must be adopted for establishing the composition of the products covered by Article 1 of that Regulation and rules must be laid down for establishing whether those products have undergone processes contrary to authorised oenological practices.

(27)	Point J(1) of Annex VI to Regulation (EC) No 1493/1999 provides for an analytical test which is at least to measure the factors, among those listed in point J(3) of that Annex, enabling the quality wine psr concerned to be distinguished.

(28)

Uniform methods of analysis must be introduced to ensure that the particulars on documents relating to the products in question are accurate and comparable for verification purposes. Such methods must therefore be compulsory for all commercial transactions and verification procedures. However, in view of the control requirements and the trade's limited facilities, a small number of usual procedures should continue to be allowed for a limited period so that the requisite factors can be determined rapidly and with reasonable accuracy.

(29)	The Community methods for the analysis of wines were laid down by Commission Regulation (EEC) No 2676/90 (7). Since the methods described therein are valid, that Regulation should remain in force, with the exception of the usual methods which will ultimately no longer be described.

(30)	The Management Committee for Wines has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

Purpose

Without prejudice to the general rules on foodstuffs, oenological practices and processes are governed by the Community rules laid down in Chapter I of Title V of Regulation (EC) No 1493/1999 and the Annexes thereto and by the code set out in this Regulation.

This code shall comprise the detailed rules for implementing Regulation (EC) No 1493/1999, particularly those relating to products intended for use in winemaking (Title I) and oenological practices and processes authorised in the Community (Titles II and III).

TITLE I

REQUIREMENTS FOR CERTAIN GRAPES AND GRAPE MUSTS

Article 2

Use of grapes of certain varieties

1. Grapes of varieties classified solely as table-grape varieties shall not be used in winemaking.

2. Notwithstanding Article 42(5) of Regulation (EC) No 1493/1999, grapes of varieties listed in Annex I hereto may be used in the Community to prepare the products covered by that provision.

Article 3

Use of certain products not possessing the natural alcoholic strength by volume for the production of sparkling wine, aerated sparkling wine and aerated semi-sparkling wine

The years when, because of unfavourable weather conditions, products from wine-growing zones A and B not possessing the minimum natural alcoholic strength by volume laid down for the relevant wine-growing zone may be used, under the conditions laid down in Article 44(3) of Regulation (EC) No 1493/1999, for the production of sparkling wine, aerated sparkling wine and aerated semi-sparkling wine shall be as set out in Annex II hereto.

Article 4

Use of grape must of certain vine varieties for the preparation of quality sparkling wine of the aromatic type and quality sparkling wine psr of the aromatic type, and exceptions to such use

1. The list of vine varieties producing grape must or grape must in fermentation that must be used to constitute the cuvée for preparing quality sparkling wines of the aromatic type and quality sparkling wines psr of the aromatic type in accordance with point I(3)(a) of Annex V and point K(10)(a) of Annex VI to Regulation (EC) No 1493/1999 shall be as set out in Part A of Annex III hereto.

2. The derogations referred to in point I(3)(a) of Annex V and point K(10)(a) of Annex VI to Regulation (EC) No 1493/1999 regarding the vine varieties and the products used to constitute the cuvée shall be as laid down in Part B of Annex III hereto.

TITLE II

OENOLOGICAL PRACTICES AND PROCESSES

CHAPTER I

Restrictions and requirements pertaining to the use of certain substances authorised for oenological purposes

Article 5

Restrictions on the use of certain substances

The substances authorised for oenological purposes listed in Annex IV to Regulation (EC) No 1493/1999 may be used only subject to the limits laid down in Annex IV hereto.

Article 6

The purity and identification specifications of substances used in oenological practices

The purity and identification specifications of substances used in oenological practices referred to in Article 46(2)(c) of Regulation (EC) No 1493/1999 shall be those laid down in Commission Directive 96/77/EC (8). Where necessary, those purity criteria shall be supplemented by the specific requirements provided for in this Regulation.

Article 7

Calcium tartrate

Calcium tartrate, the use of which in assisting the precipitation of tartar is provided for in point 3(v) of Annex IV to Regulation (EC) No 1493/1999, may be used only if it meets the requirements set out in Annex V hereto.

Article 8

Tartaric acid

1. Tartaric acid, the use of which for deacidification purposes is provided for in point 1(m) of Annex IV and point 3(l) of Annex IV to Regulation (EC) No 1493/1999, may be used only for products that:

(a)	are from the Elbling and Riesling vine varieties; and

(b)

are obtained from grapes harvested in the following wine-growing regions in the northern part of wine-growing zone A:

—

Ahr,

—

Rheingau,

—	Mittelrhein,

—	Mosel-Saar-Ruwer,

—

Nahe,

—	Rheinhessen,

—

Pfalz,

—	Moselle luxembourgeoise.

2. Tartaric acid, the use of which is provided for in points 1(l) and (m) and points 3(k) and (l) of Annex IV to Regulation (EC) No 1493/1999, also called L-tartaric acid, must be of agricultural origin and extracted specifically from wine products. It must also comply with the purity criteria laid down in Directive 96/77/EC.

Article 9

Aleppo pine resin

1. Aleppo pine resin, the use of which is provided for in point 1(n) of Annex IV to Regulation (EC) No 1493/1999, may be used only to produce ‘retsina’ table wine. This oenological practice may be carried out only:

(a)	in the geographical territory of Greece;

(b)	using grape must from grape varieties, areas of production and wine-making areas as specified in the Greek provisions in force at 31 December 1980;

(c)	by adding 1 000 grams or less of resin per hectolitre of the product used, before fermentation or, where the actual alcoholic strength by volume does not exceed one third of the overall alcoholic strength by volume, during fermentation.

2. Greece shall notify the Commission in advance if it intends to amend the provisions referred to in paragraph 1(b). If the Commission does not respond within two months of such notification, Greece may implement the planned amendments.

Article 10

Beta-glucanase

Beta-glucanase, the use of which is provided for in point 1(j) and point 3(m) of Annex IV to Regulation (EC) No 1493/1999, may be used only if it meets the requirements set out in Annex VI hereto.

Article 11

Lactic bacteria

Lactic bacteria, the use of which is provided for in point 1(q) and point 3(z) of Annex IV to Regulation (EC) No 1493/1999, may be used only if they meet the requirements set out in Annex VII hereto.

Article 12

Lysozyme

Lysozyme, the use of which is provided for in point 1(r) and point 3(zb) of Annex IV to Regulation (EC) No 1493/1999, may be used only if it meets the requirements set out in Annex VIII hereto.

Article 13

Ion exchange resins

The ion exchange resins which may be used in accordance with point 2(h) of Annex IV to Regulation (EC) No 1493/1999 shall be styrene and divinylbenzene copolymers containing sulphonic acid or ammonium groups. They must comply with the requirements laid down in Regulation (EC) No 1935/2004 of the European Parliament and of the Council (9) and Community and national provisions adopted in implementation thereof. In addition, when tested by the method of analysis laid down in Annex IX hereto, they must not lose more than 1 mg/l of organic matter into any of the solvents listed. They must be regenerated with substances permitted for use in the preparation of foodstuffs.

These resins may be used only under the supervision of an oenologist or technician and in installations approved by the authorities of the Member States on whose territory they are used. Such authorities shall lay down the duties and responsibility incumbent on approved oenologists and technicians.

Article 14

Potassium ferrocyanide

Potassium ferrocyanide, the use of which is provided for in point 3(p) of Annex IV to Regulation (EC) No 1493/1999, may be used only under the supervision of an oenologist or technician officially approved by the authorities of the Member State in whose territory the process is carried out, the extent of whose responsibility shall be fixed, if necessary, by the Member State concerned.

After treatment with potassium ferrocyanide, the wine must contain traces of iron.

Supervision of the use of the product covered by this Article shall be governed by the provisions adopted by the Member States.

Article 15

Calcium phytate

Calcium phytate, the use of which is provided for in point 3(p) of Annex IV to Regulation (EC) No 1493/1999, may be used only under the supervision of an oenologist or technician officially approved by the authorities of the Member State in whose territory the process is carried out, the extent of whose responsibility shall be fixed, if necessary, by the Member State concerned.

After treatment, wine must contain traces of iron.

Supervision of the use of the product referred to in the first paragraph shall be governed by the provisions adopted by the Member States.

Article 16

DL-tartaric acid

DL-tartaric acid, the use of which is provided for in point 3(s) of Annex IV to Regulation (EC) No 1493/1999, may be used only under the supervision of an oenologist or technician officially approved by the authorities of the Member State in whose territory the process is carried out, the extent of whose responsibility shall be fixed, if necessary, by the Member State concerned.

Supervision of the use of the product covered by this Article shall be governed by the provisions adopted by the Member States.

Article 17

Dimethyldicarbonate

The addition of dimethyldicarbonate provided for in of point 3(zc) of Annex IV to Regulation (EC) No 1493/1999 may be carried out only within the limits laid down in Annex IV hereto and where it meets the requirements of Annex X hereto.

Article 18

Electrodialysis treatment

Electrodialysis treatment, the use of which to ensure the tartaric stabilisation of wine is provided for in point 4(b) of Annex IV to Regulation (EC) No 1493/1999, may be used only if it meets the requirements set out in Annex XI hereto.

Article 19

Urease

Urease, the use of which to reduce the level of urea in wine is provided for in point 4(c) of Annex IV to Regulation (EC) No 1493/1999, may be used only if it meets the requirements and purity criteria set out in Annex XII hereto.

Article 20

Addition of oxygen

The addition of oxygen, which is provided for in point 4(a) of Annex IV to Regulation (EC) No 1493/1999, must be carried out using pure gaseous oxygen.

Article 21

Pouring of wine or grape must to lees or grape marc or pressed ‘aszú’ pulp

The pouring of wine or grape must to lees or grape marc or pressed ‘aszú’ pulp, provided for in point 4(d) of Annex IV to Regulation (EC) No 1493/1999, shall be carried out as follows, in accordance with the Hungarian provisions in force on 1 May 2004:

(a)	the ‘Tokaji fordítás’ shall be prepared by pouring must or wine on the pressed ‘aszú’ pulp;

(b)	the ‘Tokaji máslás’ shall be prepared by pouring must or wine on the lees of ‘szamorodni’ or ‘aszú’.

Article 22

Use of pieces of oak wood

The usage of pieces of oak wood provided for in point 4(e) of Annex IV to Regulation (EC) No 1493/1999 may be carried out only where it meets the requirements set out in Annex XIII hereto.

CHAPTER II

Specific restrictions and requirements

Article 23

Sulphur dioxide content

1. The amendments to the lists of wines in point A(2) of Annex V to Regulation (EC) No 1493/1999 shall be as set out in Annex XIV hereto.

2. The following may be offered for direct human consumption until stocks are exhausted:

—	wine, other than liqueur wines and sparkling wines, produced in the Community, with the exception of Portugal, before 1 September 1986, and

—	wine, other than liqueur wines and sparkling wines, originating in third countries or in Portugal and imported into the Community before 1 September 1987,

provided that their total sulphur dioxide content on release to the market for direct human consumption does not exceed:

(a)	175 milligrams per litre for red wines;

(b)	225 milligrams per litre for white and rosé wines;

(c)	notwithstanding points (a) and (b), for wines with a residual sugar content expressed as invert sugar of not less than five grams per litre, 225 milligrams per litre for red wines and 275 milligrams per litre for white and rosé wines.

In addition, the following may be offered for direct human consumption in the country of production and for export to third countries until stocks are exhausted:

—	wine produced in Spain before 1 September 1986, the total sulphur dioxide content of which does not exceed the maximum laid down by the Spanish provisions in force before that date, and

—	wine produced in Portugal before 1 January 1991, the total sulphur dioxide content of which does not exceed the maximum laid down by the Portuguese provisions in force before that date.

3. Sparkling wines originating in third countries and Portugal and imported into the Community before 1 September 1987 may be offered for direct human consumption until stocks are exhausted provided that their total sulphur dioxide content does not exceed:

—	250 milligrams per litre for sparkling wines, and

—	200 milligrams per litre for quality sparkling wines.

In addition, the following may be offered for direct human consumption in the country of production and for export to third countries until stocks are exhausted:

—	wine produced in Spain before 1 September 1986, the total sulphur dioxide content of which does not exceed the maximum laid down by the Spanish provisions in force before that date, and

—	wine produced in Portugal before 1 January 1991, the total sulphur dioxide content of which does not exceed the maximum laid down by the Portuguese provisions in force before that date.

4. The cases where the Member States may authorise, because of weather conditions, that the maximum total sulphur dioxide content of wine, which is set at less than 300 milligrams per litre in point A of Annex V to Regulation (EC) No 1493/1999, be increased by a maximum of 40 milligrams per litre for certain wines produced in certain wine-growing zones within their territory shall be as listed in Annex XV hereto.

Article 24

Volatile acid content

The wines covered by exceptions regarding the maximum volatile acid content in accordance with point B(3) of Annex V to Regulation (EC) No 1493/1999 shall be as set out in Annex XVI hereto.

Article 25

Use of calcium sulphate in certain liqueur wines

Derogations regarding the use of calcium sulphate as referred to in point J(4)(b) of Annex V to Regulation (EC) No 1493/1999 may be granted only for the following Spanish wines:

(a)	‘Vino generoso’ as defined in point L(8) of Annex VI to Regulation (EC) No 1493/1999;

(b)	‘Vino generoso de licor’ as defined in point L(11) of Annex VI to Regulation (EC) No 1493/1999.

TITLE III

OENOLOGICAL PRACTICES

CHAPTER I

Enrichment

Article 26

Authorisation to use sucrose

The wine-growing regions where the use of sucrose is authorised pursuant to point D(3) of Annex V to Regulation (EC) No 1493/1999 shall be as follows:

(a)	wine-growing zone A;

(b)	wine-growing zone B;

(c)

wine-growing zone C, with the exception of vineyards in Italy, Greece, Spain and Portugal and vineyards in the French departments under jurisdiction of the courts of appeal of:

—	Aix-en-Provence,

—

Nîmes,

—	Montpellier,

—

Toulouse,

—

Agen,

—

Pau,

—

Bordeaux,

—

Bastia.

However, enrichment by dry sugaring may be authorised by the national authorities as an exception in the French departments referred to in point (c). France shall notify the Commission and the other Member States forthwith of any such authorisations.

Article 27

Enrichment in the event of exceptionally unfavourable weather conditions

The years during which an increase in the alcoholic strength by volume as referred to in point C(3) of Annex V to Regulation (EC) No 1493/1999 may be authorised in accordance with the procedure referred to in Article 75(2) of that Regulation because of exceptionally unfavourable weather conditions in accordance with point C(4) of that Annex, and the wine-growing zones, geographical regions and varieties concerned, where applicable, shall be as set out in Annex XVII hereto.

Article 28

Enrichment of the cuvée for sparkling wines

In accordance with point H(4) and point I(5) of Annex V and point K(11) of Annex VI to Regulation (EC) No 1493/1999, each Member State may authorise the enrichment of the cuvée at the place of preparation of sparkling wines, provided that:

(a)	none of the constituents of the cuvée has previously undergone enrichment;

(b)	the said constituents are derived solely from grapes harvested in its territory;

(c)	the enrichment is carried out in a single operation;

(d)

the following limits are not exceeded:

(i)	3,5 % vol. for a cuvée comprising constituents from wine-growing zone A, provided that the natural alcoholic strength by volume of each constituent is at least 5 % vol.;

(ii)	2,5 % vol. for a cuvée comprising constituents from wine-growing zone B, provided that the natural alcoholic strength by volume of each constituent is at least 6 % vol.;

(iii)

2 % vol. for a cuvée comprising constituents from wine-growing zones C I a, C I b, C II and C III, provided that the natural alcoholic strength by volume of each constituent is at least 7,5 % vol., 8 % vol., 8,5 % vol. and 9 % vol. respectively;

(e)	the method used is the addition of sucrose, of concentrated grape must or of rectified concentrated grape must.

The limits referred to in point (d) of the first paragraph shall be without prejudice to the application of Article 44(3) of Regulation (EC) No 1493/1999 to cuvées intended for the preparation of sparkling wines as referred to in point 15 of Annex I to that Regulation.

Article 29

Administrative rules applicable to enrichment

1. Notifications as referred to in point G(5) of Annex V to Regulation (EC) No 1493/1999 relating to operations to increase alcoholic strength shall be made by the natural or legal persons carrying out the operations concerned and in compliance with suitable time limits and control conditions set by the competent authority of the Member State on whose territory the operation takes place.

2. Notifications as referred to in paragraph 1 shall be made in writing and shall include the following information:

(a)	the name and address of the person making the notification;

(b)	the place where the operation is to be carried out;

(c)	the date and time when the operation is to commence;

(d)	the description of the product undergoing the operation;

(e)	the process used for the operation, with details of the type of product to be used.

3. Member States may allow prior notifications covering several operations or a specified period to be sent to the competent authorities. Such notifications shall be accepted only if the person making the notification keeps a written record of each enrichment operation as provided for in paragraph 6 and of the information required by paragraph 2.

4. Where the person concerned is prevented by reasons of force majeure from carrying out the notified operation in due time, Member States shall specify the conditions under which that person is to submit a new notification to the competent authority so that the necessary checks can be carried out.

They shall notify such provisions in writing to the Commission.

5. Notifications as referred to in paragraph 1 shall not be required in Luxembourg.

6. The particulars relating to operations to increase alcoholic strength shall be entered in the records immediately after the operation is completed, in accordance with the provisions adopted pursuant to Article 70 of Regulation (EC) No 1493/1999.

In cases where prior notifications covering several operations do not indicate the date and time when the operations are to commence, an entry must also be made in the records before each operation commences.

CHAPTER II

Acidification and deacidification

Article 30

Administrative rules applicable to acidification and deacidification

1. In the case of acidification and deacidification, operators shall make notifications as referred to in point G(5) of Annex V to Regulation (EC) No 1493/1999 not later than the second day following the first operation carried out in any wine year. Such notifications shall be valid for all operations in that wine year.

2. Notifications as referred to in paragraph 1 shall be made in writing and shall include the following information:

(a)	the name and address of the person making the notification;

(b)	the type of operation involved;

(c)	the place where the operation took place.

3. The particulars relating to each acidification and deacidification operation shall be entered in the records in accordance with the provisions adopted pursuant to Article 70 of Regulation (EC) No 1493/1999.

CHAPTER III

Common rules applicable to enrichment, acidification and deacidification

Article 31

Acidification and enrichment of one and the same product

The cases where acidification and enrichment of one and the same product within the meaning of Annex I to Regulation (EC) No 1493/1999 are permitted in accordance with point E(7) of Annex V thereto shall be decided in accordance with the procedure referred to in Article 75(2) of that Regulation and shall be as set out in Annex XVIII hereto.

Article 32

General rules applicable to enrichment, acidification and deacidification of products other than wine

The processes referred to in point G(1) of Annex V to Regulation (EC) No 1493/1999 must be carried out in a single operation. However, Member States may permit some of these processes to be carried out in more than one operation where this improves the vinification of the products concerned. In such cases, the limits laid down in Annex V to Regulation (EC) No 1493/1999 shall apply to the whole operation concerned.

Article 33

Derogation from the dates laid down for enrichment, acidification and deacidification

Notwithstanding the dates laid down in point G(7) of Annex V to Regulation (EC) No 1493/1999, enrichment, acidification and deacidification operations may be carried out before the dates set out in Annex XIX hereto.

CHAPTER IV

Sweetening

Article 34

Technical rules applicable to sweetening

The sweetening of table wines and quality wines psr shall be authorised only at the production and wholesale stages.

Article 35

Administrative rules applicable to sweetening

1. Any natural or legal person intending to carry out a sweetening operation shall notify the competent authority of the Member State on whose territory the operation is to take place.

2. Notifications shall be made in writing and must reach the competent authority at least 48 hours before the day on which the operation is to take place.

However, where an undertaking frequently or continuously carries out sweetening operations, Member States may allow a notification covering several operations or a specified period to be sent to the competent authorities. Such notification shall be accepted only on condition that the undertaking keeps a written record of each sweetening operation and records the information required by paragraph 3.

3. Notifications shall include the following information:

(a)

for sweetening operations carried out in accordance with point F(1)(a) of Annex V and point G(2) of Annex VI to Regulation (EC) No 1493/1999:

(i)	the quantity and the total and actual alcoholic strengths of the table wine or the quality wine psr to be sweetened;

(ii)	the quantity and the total and actual alcoholic strengths of the grape must to be added;

(iii)

the total and actual alcoholic strengths of the table wine or quality wine psr after sweetening;

(b)

for sweetening operations carried out in accordance with point F(1)(b) of Annex V and point G(2) of Annex VI to Regulation (EC) No 1493/1999:

(i)	the quantity and the total and actual alcoholic strengths of the table wine or the quality wine psr to be sweetened;

(ii)	the quantity and the total and actual alcoholic strengths of the grape must or the quantity and density of the concentrated grape must to be added, as the case may be;

(iii)

the total and actual alcoholic strengths of the table wine or quality wine psr after sweetening.

4. The persons referred to in paragraph 1 shall keep goods inwards and outwards registers showing the quantities of grape must or concentrated grape must which they are holding for sweetening operations.

Article 36

Sweetening of certain imported wines

The sweetening of imported wines as referred to in point F(3) of Annex V to Regulation (EC) No 1493/1999 shall be subject to the conditions laid down in Articles 34 and 35 of this Regulation.

Article 37

Specific rules applicable to the sweetening of liqueur wines

1. Sweetening under the conditions laid down in the second indent of point J(6)(a) of Annex V to Regulation (EC) No 1493/1999 shall be authorised for ‘vino generoso de licor’ as defined in point L(11) of Annex VI to that Regulation.

2. Sweetening under the conditions laid down in the third indent of point J(6)(a) of Annex V to Regulation (EC) No 1493/1999 shall be authorised for Madeira quality liqueur wine psr.

CHAPTER V

Coupage

Article 38

Definition

1. ‘Coupage’ within the meaning of Article 46(2)(b) of Regulation (EC) No 1493/1999 shall mean: the mixing together of wines or musts coming from:

(a)	different States;

(b)	different wine-growing zones in the Community within the meaning of Annex III to Regulation (EC) No 1493/1999 or different production zones in a third country;

(c)

the same wine-growing zone in the Community or the same production zone in a third country but being of different geographical origins, vine varieties, or harvest years provided that these origins, varieties or years are specified or required to be specified in the description of the product concerned; or

(d)	different categories of wines or musts.

2. The following shall be regarded as different categories of wine or must:

(a)	red wine, white wine and the musts or wines suitable for yielding one of these categories of wine;

(b)	table wine, quality wine psr and the musts or wines suitable for yielding one of these categories of wine.

For the purposes of this paragraph, rosé wine shall be regarded as red wine.

3. The following processes shall not be regarded as coupage:

(a)	the addition of concentrated grape must or of rectified concentrated grape must to increase the natural alcoholic strength of the product concerned;

(b)

the sweetening:

(i)	of a table wine;

(ii)	of a quality wine psr where the sweetener comes from the specified region whose name it bears or is rectified concentrated grape must;

(c)	the production of a quality wine psr in accordance with traditional practices as referred to in point D(2) of Annex VI to Regulation (EC) No 1493/1999.

Article 39

General rules applicable to coupage

1. Coupage or blending of the following products shall be prohibited if any of the ingredients do not comply with Regulation (EC) No 1493/1999 or with this Regulation:

(a)	table wines with each other; or

(b)	wines suitable for yielding table wines with each other or with table wines; or

(c)	quality wines psr with each other.

2. The result of mixing fresh grapes, grape must, grape must in fermentation or new wine still in fermentation, where any of those products does not possess the required characteristics for obtaining table wine or wine suitable for yielding table wine, with products suitable for yielding such wines or with table wine, shall not be considered to be table wine or wine suitable for yielding table wine.

3. Where coupage takes place and subject to the following paragraphs, the only products which may be considered to be table wines shall be those resulting from coupage of table wines with each other or coupage of table wines with wines suitable for yielding table wines, provided that such wines suitable for yielding table wines have a total natural alcoholic strength by volume not exceeding 17 % vol.

4. Without prejudice to Article 44(7) of Regulation (EC) No 1493/1999, coupage of a wine suitable for yielding a table wine with:

(a)	a table wine may yield a table wine only if the operation is carried out in the wine-growing zone where the wine suitable for yielding a table wine has been produced;

(b)

another wine suitable for yielding a table wine may yield a table wine only if:

(i)	the second wine suitable for yielding a table wine has been produced in the same wine-growing zone; and

(ii)	the operation is carried out in the same wine-growing zone.

5. Coupage of a grape must or a table wine which has undergone the oenological practice referred to in point 1(n) of Annex IV to Regulation (EC) No 1493/1999 with a grape must or a wine which has not undergone that practice shall be prohibited.

CHAPTER VI

Addition of other products

Article 40

Addition of distillate to liqueur wines and certain quality liqueur wines psr

The characteristics of wine distillate and dried-grape distillate which may be added to liqueur wines and certain quality liqueur wines psr in accordance with the second indent of point J(2)(a)(i) of Annex V to Regulation (EC) No 1493/1999 shall be as laid down in Annex XX hereto.

Article 41

Addition of other products to, and use of grape must in the preparation of, certain quality liqueur wines psr

1. The list of quality liqueur wines psr the preparation of which involves the use of grape must or a mixture thereof with wine in accordance with point J(1) of Annex V to Regulation (EC) No 1493/1999 shall be as set out in Part A of Annex XXI hereto.

2. The list of quality liqueur wines psr to which the products referred to in point J(2)(b) of Annex V to Regulation (EC) No 1493/1999 may be added shall be as set out in Annex XXI(B) hereto.

Article 42

Addition of alcohol to semi-sparkling wine

Pursuant to Article 42(3) of Regulation (EC) No 1493/1999, the addition of alcohol to semi-sparkling wine shall not lead to an increase of more than 0,5 % vol. in the total alcoholic strength by volume of the semi-sparkling wine. Alcohol may only be added in the form of expedition liqueur and provided that such a method is allowed under the regulations in force in the producer Member State and that such regulations have been communicated to the Commission and to the other Member States.

CHAPTER VII

Requirements applicable to ageing

Article 43

Ageing of certain liqueur wines

Ageing under the conditions laid down in point J(6)(c) of Annex V to Regulation (EC) No 1493/1999 shall be authorised for ‘Madeira’ quality liqueur wine psr.

TITLE IV

EXPERIMENTAL USE OF NEW OENOLOGICAL PRACTICES

Article 44

General rules

1. For experimental purposes as referred to in Article 46(2)(f) of Regulation (EC) No 1493/1999, each Member State may authorise the use of certain oenological practices or processes not provided for in that Regulation or in this Regulation, for a maximum of three years, on condition that:

(a)	the practices and processes concerned meet the requirements laid down in Article 42(2) of Regulation (EC) No 1493/1999;

(b)	such practices and processes are applied to quantities not exceeding 50 000 hectolitres per year for any one experiment;

(c)	the products obtained are not sent outside the Member State on whose territory the experiment was conducted;

(d)	the Member State concerned informs the Commission and the other Member States at the beginning of the experiment of the terms of each authorisation.

‘Experiment’ shall mean an operation or operations carried out in the context of a well-defined research project with a single experimental protocol.

2. Before the end of the period referred to in paragraph 1, the Member State concerned shall forward to the Commission a report on the authorised experiment and the Commission shall notify the other Member States of the results thereof. Depending on these results, the Member State concerned may apply to the Commission for authorisation to continue the experiment, possibly with a larger quantity than in the original experiment, for a further maximum period of three years. The Member State shall submit an appropriate dossier in support of its application.

3. The Commission, acting in accordance with the procedure referred to in Article 75(2) of Regulation (EC) No 1493/1999, shall decide on the application referred to in paragraph 2 of this Article; at the same time, it may decide to allow the experiment to be continued in other Member States under the same terms.

4. At the end of the period referred to in paragraph 1 or, where applicable, paragraph 2, and after gathering all the information on the experiment, the Commission may, if appropriate, submit to the Council a proposal for definitive authorisation of the oenological practice or process covered by the experiment.

TITLE V

FINAL PROVISIONS

Article 45

Wine produced before 1 August 2000

Wine produced before 1 August 2000 may be offered or supplied for direct human consumption provided that it complies with the Community or national rules in force prior to that date.

Article 46

Requirements for distillation, movement and use of products not complying with Regulation (EC) No 1493/1999 or with this Regulation

1. Products which, pursuant to Article 45(1) of Regulation (EC) No 1493/1999, may not be offered or supplied for direct human consumption shall be destroyed. However, Member States may authorise the use of certain products the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes.

2. Such products may not be held without legitimate cause by producers or traders and they may be moved only to distilleries, vinegar factories, establishments using them for industrial purposes or products or elimination plants.

3. Member States may have denaturing agents or indicators added to wines as referred to in paragraph 1 in order to make them more easily identifiable. Where justified, they may also prohibit the uses provided for in paragraph 1 and have the products eliminated.

Article 47

Applicable Community methods for the analysis of wines

Regulation (EEC) No 2676/90 shall apply to products covered by Regulation (EC) No 1493/1999.

Article 48

Repeal

Regulation (EC) No 1622/2000 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex XXIII.

Article 49

This Regulation shall enter into force on the twentieth 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, 8 May 2008.

For the Commission

The President

José Manuel BARROSO

(1) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(2) OJ L 194, 31.7.2000, p. 1. Regulation as last amended by Regulation (EC) No 1300/2007 (OJ L 289, 7.11.2007, p. 8).

(3) See Annex XXII.

(4) OJ L 54, 5.3.1979, p. 1.

(5) OJ L 367, 31.12.1985, p. 39.

(6) OJ L 54, 5.3.1979, p. 130.

(7) OJ L 272, 3.10.1990, p. 1. Regulation as last amended by Regulation (EC) No 1293/2005 (OJ L 205, 6.8.2005, p. 12).

(8) OJ L 339, 30.12.1996, p. 1.

(9) OJ L 338, 13.11.2004, p. 4.

ANNEX I

List of vine varieties grapes of which may, notwithstanding Article 42(5) of Regulation (EC) No 1493/1999, be used in the preparation of the products covered by that provision

(Article 2 of this Regulation)

(p. m.)

ANNEX II

Years when products from wine-growing zones A and B not possessing the minimum natural alcoholic strength by volume laid down by Regulation (EC) No 1493/1999 may be used for the production of sparkling wine, aerated sparkling wine and aerated semi-sparkling wine

(Article 3 of this Regulation)

(p. m.)

ANNEX III

A. List of vine varieties grapes of which may be used to constitute the cuvée for preparing quality sparkling wines of the aromatic type and quality sparkling wines psr of the aromatic type

(Article 4(1) of this Regulation)

Aleatico N

Ασύρτικο (Assyrtiko)

Bourboulenc B

Brachetto N

Clairette B

Colombard B

Csaba gyöngye B

Cserszegi fűszeres B

Freisa N

Gamay N

Gewürztraminer Rs

Girò N

Γλυκερίθρα (Glykerythra)

Huxelrebe

Irsai Olivér B

Macabeu B

All the malvoisies

Mauzac blanc and rosé

Monica N

Μοσχοφίλερο (Moschofilero)

Müller-Thurgau B

All the muscatels

Nektár

Pálava B

Parellada B

Perle B

Piquepoul B

Poulsard

Prosecco

Ροδίτης (Roditis)

Scheurebe

Torbato

Zefír B

B. Derogations referred to in point I(3)(a) of Annex V and point K(10)(a) of Annex VI to Regulation (EC) No 1493/1999 regarding the constitution of the cuvée for preparing quality sparkling wines of the aromatic type and quality sparkling wines psr of the aromatic type

(Article 4(2) of this Regulation)

Notwithstanding point K(10)(a) of Annex VI, quality sparkling wines psr of the aromatic type may be produced by using as constituents of the cuvée wines obtained from grapes of the ‘Prosecco’ vine variety harvested in the specified regions of the designations of origin Conegliano-Valdobbiadene and Montello e Colli Asolani.

ANNEX IV

Restrictions on the use of certain substances

(Article 5 of this Regulation)

The maximum limits applying to the use of the substances referred to in Annex IV to Regulation (EC) No 1493/1999 in accordance with the conditions laid down therein are as follows:

Substances	Use with fresh grapes, grape must, grape must in fermentation, grape must in fermentation obtained from raisined grapes, concentrated grape must and new wine still in fermentation	Use with grape must in fermentation intended for direct human consumption as such, wine suitable for producing table wine, sparkling wine, aerated sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, liqueur wine and quality wines psr
Preparations of yeast cell wall	40 g/hl	40 g/hl
Carbon dioxide		maximum content in wine thus treated: 2 g/l
L-ascorbic acid	250 mg/l	250 mg/l; the maximum content in wine thus treated must not exceed 250 mg/l
Citric acid		maximum content in wine thus treated: 1 g/l
Metatartaric acid		100 mg/l
Copper sulphate		1 g/hl provided the copper content of the product thus treated does not exceed 1 mg/l
Charcoal for oenological use	100 g dry weight per hl	100 g dry weight per hl
Nutritive salts: diammonium phosphate or ammonium sulphate	1 g/l (expressed in salt) (1)	0,3 g/l (expressed in salt) for the preparation of sparkling wine
Ammonium sulphite or ammonium bisulphite	0,2 g/l (expressed in salt) (2)
Growth factors: thiamine in the form of thiamine hydrochloride	0,6 mg/l (expressed in thiamine)	0,6 mg/l (expressed in thiamine) for the preparation of sparkling wine
Polyvinylpolypyrrolidone	80 g/hl	80 g/hl
Calcium tartrate		200 g/hl
Calcium phytate		8 g/hl
Lysozyme	500 mg/l (3)	500 mg/l (4)
Dimethyldicarbonate		200 mg/l; residues not detectable in the wine placed on the market

(1) These products may also be used in combination, up to an overall limit of 1 g/l, without prejudice to the 0,2 g/l limit set above.

(2) These products may also be used in combination, up to an overall limit of 1 g/l, without prejudice to the 0,2 g/l limit set above.

(3) Where added to both the must and the wine, the total quantity must not exceed the limit of 500 mg/l.

(4) Where added to both the must and the wine, the total quantity must not exceed the limit of 500 mg/l.

ANNEX V

Requirements for calcium tartrate

(Article 7 of this Regulation)

AREA OF APPLICATION

Calcium tartrate is added to wine as a technological adjuvant to assist the precipitation of tartar and help the tartaric stabilisation of the wine by reducing the final potassium hydrogen tartrate and calcium tartrate concentrations.

REQUIREMENTS

—	The maximum dose is fixed in Annex IV hereto.

—	Where calcium tartrate is added, the wine must be shaken and cooled and the crystals formed must be separated by physical processes.

ANNEX VI

Requirements for beta-glucanase

(Article 10 of this Regulation)

1. International code for beta-glucanase: E.C. 3-2-1-58

2. Beta-glucan hydrolase (breaking down the glucan in Botrytis cinerea)

3. Origin: Trichoderma harzianum

4. Area of application: breaking down the beta-glucans present in wines, in particular those produced from botrytised grapes

5. Maximum dose: 3 g of the enzymatic preparation containing 25 % total organic solids (TOS) per hectolitre

6. Chemical and microbiological purity specifications:

Loss on drying:	Less than 10 %
Heavy metals:	Less than 30 ppm
Pb:	Less than 10 ppm
As:	Less than 3 ppm
Total coliforms:	Absent
Escherichia coli	Absent in 25 g sample
Salmonella spp:	Absent in 25 g sample
Aerobic count:	Less than 5 × 104 cells/g

ANNEX VII

Lactic bacteria

(Article 11 of this Regulation)

REQUIREMENTS

Lactic bacteria, the use of which is provided for in point 1(q) and point 3(z) of Annex IV to Regulation (EC) No 1493/1999, must belong to the genera Leuconostoc, Lactobacillus and/or Pediococcus. They must convert the malic acid in must or wine into lactic acid and not affect the taste. They must have been isolated from grapes, must, wine or products made from grapes. The name of the genus and species and the reference of the strain must be shown on the label, with the origin and the strain breeder.

Prior authorisation must be obtained for genetic manipulation of lactic bacteria.

FORM

They must be used in liquid or frozen form or as a powder obtained by lyophilisation, in pure culture or associated culture.

IMMOBILISED BACTERIA

The carrier medium for a preparation of immobilised lactic bacteria must be inert and must be permitted for use in winemaking.

CONTROLS

Chemical:

the same requirements as regards screened substances as in other oenological preparations, and heavy metals in particular.

Microbiological:

—	the level of revivifiable lactic bacteria must be 108/g or 107/ml or more;

—	the level of lactic bacteria of a species different from the strain or strains indicated must be less than 0,01 % of the total revivifiable lactic bacteria;

—	the level of aerobic bacteria must be less than 103 per gram of powder or per millilitre;

—	the total yeast content must be less than 103 per gram of powder or per millilitre;

—	the mould content must be less than 103 per gram of powder or per millilitre.

ADDITIVES

Additives used in preparing the culture or reactivation of lactic bacteria must be substances permitted for use in foodstuffs and must be mentioned on the label.

DATE OF PRODUCTION

The manufacturer must indicate the date on which the product left the factory.

USE

The manufacturer must indicate instructions for use or the reactivation method.

PRESERVATION

The storage conditions must be clearly marked on the label.

METHODS OF ANALYSIS

—	lactic bacteria: medium A1, B2 or C3 with the utilisation method for the strain as indicated by the producer,

—	aerobic bacteria: Bacto-Agar medium,

—	yeasts: Malt-Wickerham medium,

—	mould: Malt-Wickerham or Czapeck medium.

Medium A

Yeast extract	5 g
Meat extract	10 g
Trypsic peptone	15 g
Sodium acetate	5 g
Ammonium citrate	2 g
Tween 80	1 g
Manganous sulphate	0,050 g
Magnesium sulphate	0,200 g
Glucose	20 g
Water to make up	1 000 ml
pH	5,4

Medium B

Tomato juice	250 ml
Difco-yeast extract	5 g
Peptone	5 g
L-malic acid	3 g
Tween 80	1 drop
Manganous sulphate	0,050 g
Magnesium sulphate	0,200 g
Water to make up	1 000 ml
pH	4,8

Medium C

Glucose	5 g
Tryptone Difco	2 g
Peptone Difco	5 g
Liver extract	1 g
Tween 80	0,05 g
Tomato juice diluted 4,2 times filtered with Whatman No 1	1 000 ml
pH	5,5

ANNEX VIII

Requirements for lysozyme

(Article 12 of this Regulation)

AREA OF APPLICATION

Lysozyme may be added to grape must, grape must in fermentation and wine, for the following purpose: to control the growth and activity of the bacteria responsible for malolactic fermentation in these products.

REQUIREMENTS:

—	the maximum dose is fixed in Annex IV to this Regulation,

—	the product used must comply with the purity criteria laid down in Directive 96/77/EC.

ANNEX IX

Determination of the loss of organic matter from ion exchange resins

(Article 13 of this Regulation)

1. SCOPE AND AREA OF APPLICATION

The method determines the loss of organic matter from ion exchange resins.

2. DEFINITION

The loss of organic matter from ion exchange resins. The loss of organic matter is determined by the method specified.

3. PRINCIPLE

Extracting solvents are passed through prepared resins and the weight of organic matter extracted is determined gravimetrically.

4. REAGENTS

All reagents shall be of analytical quality.

Extracting solvents.

4.1. Distilled water or deionised water of equivalent purity.

4.2. Ethanol, 15 % v/v. Prepare by mixing 15 parts of absolute ethanol with 85 parts of water (point 4.1).

4.3. Acetic acid, 5 % m/m. Prepare by mixing 5 parts of glacial acetic acid with 95 parts of water (point 4.1).

5. APPARATUS

5.1. Ion exchange chromatography columns.

5.2. Measuring cylinders, capacity 2 l.

5.3. Evaporating dishes capable of withstanding a muffle furnace at 850 °C.

5.4. Drying oven, thermostatically controlled at 105 ± 2 °C.

5.5. Muffle furnace, thermostatically controlled at 850 ± 25 °C.

5.6. Analytical balance, accurate to 0,1 mg.

5.7. Evaporator, hotplate or infrared evaporator.

6. PROCEDURE

6.1. Add to each of three separate ion exchange chromatography columns (point 5.1) 50 ml of the ion exchange resin to be tested, washed and treated in accordance with the manufacturer's directions for preparing resins for use with food.

6.2. For the anionic resins, pass the three extracting solvents (points 4.1, 4.2 and 4.3) separately through the prepared columns (point 6.1) at a flow rate of 350 to 450 ml/h. Discard the first litre of eluate in each case and collect the next two litres in measuring cylinders (point 5.2). For the cationic resins, pass only solvents referred to in points 4.1 and 4.2 through the columns prepared for this purpose.

6.3. Evaporate the three eluates over a hotplate or with an infrared evaporator (point 5.7) in separate evaporating dishes (point 5.3) which have been previously cleaned and weighed (m0). Place the dishes in an oven (point 5.4) and dry to constant weight (m1).

6.4. After recording the constant weight (point 6.3), place the evaporating dish in the muffle furnace (point 5.5) and ash to constant weight (m2).

6.5. Calculate the organic matter extracted (point 7.1). If the result is greater than 1 mg/l, carry out a blank test on the reagents and recalculate the weight of organic matter extracted.

The blank test shall be carried out by repeating the operations referred to in points 6.3 and 6.4 but using two litres of the extracting solvent, to give weights m3 and m4 in points 6.3 and 6.4 respectively.

7. EXPRESSION OF RESULTS

7.1. Formula and calculation of results

The organic matter extracted from ion exchange resins, in mg/l, is given by:

500 (m1 – m2)

where m1 and m2 are expressed in grams.

The corrected weight (mg/l) of the organic matter extracted from ion exchange resins is given by:

500 (m1 – m2 – m3 + m4)

where m1, m2, m3 and m4 are expressed in grams.

7.2. The difference in the results between two parallel determinations carried out on the same sample must not exceed 0,2 mg/l.

ANNEX X

Requirements for dimethyldicarbonate

(Article 17 of this Regulation)

AREA OF APPLICATION

Dimethyldicarbonate may be added to wine for the following purpose: microbiological stabilisation of bottled wine containing fermentable sugar.

REQUIREMENTS

—	the addition must be carried out only a short time prior to bottling, defined as putting the product concerned up for commercial purposes in containers of a capacity not exceeding 60 litres;

—	the treatment may only be applied to wine with a sugar content of not less than 5 g/l;

—	the maximum dose is fixed in Annex IV hereto and the product may not be detectable in the wine placed on the market;

—	the product used must comply with the purity criteria laid down in Directive 96/77/EC;

—	this treatment is to be recorded in the register referred to in Article 70(2) of Regulation (EC) No 1493/1999.

ANNEX XI

Requirements for electrodialysis treatment

(Article 18 of this Regulation)

The purpose is to obtain tartaric stability of the wine with regard to potassium hydrogen tartrate and calcium tartrate (and other calcium salts) by extraction of ions in supersaturation in the wine under the action of an electrical field and using membranes that are either anion-permeable or cation-permeable.

1. MEMBRANE REQUIREMENTS

1.1. The membranes shall be arranged alternately in a ‘filter-press’ type system or any other appropriate system separating the treatment (wine) and concentration (waste water) compartments.

1.2. The cation-permeable membranes must be designed to extract cations only, in particular K+ and Ca++.

1.3. The anion-permeable membranes must be designed to extract anions only, in particular tartrate anions.

1.4. The membranes must not excessively modify the physicochemical composition and sensory characteristics of the wine. They must meet the following requirements:

—	they must be manufactured according to good manufacturing practice from substances authorised for the manufacture of plastic materials intended to come into contact with foodstuffs as listed in Annex II to Commission Directive 2002/72/EC (1),

—	the user of the electrodialysis equipment must show that the membranes used meet the above requirements and that any replacements have been made by specialised personnel,

—	they must not release any substance in quantities endangering human health or affecting the taste or smell of foodstuffs and must meet the criteria laid down in Directive 2002/72/EC,

—	their use must not trigger interactions between their constituents and the wine liable to result in the formation of new compounds that may be toxic in the treated product.

The stability of fresh electrodialysis membranes is to be determined using a simulant reproducing the physicochemical composition of the wine for investigation of possible migration of certain substances from them.

The experimental method recommended is as follows:

The simulant is a water-alcohol solution buffered to the pH and conductivity of the wine. Its composition is as follows:

—	absolute ethanol: 11 l,

—	potassium hydrogen tartrate: 380 g,

—	potassium chloride: 60 g,

—	concentrated sulphuric acid: 5 ml,

—	distilled water: to make up 100 litres.

This solution is used for closed circuit migration tests on an electrodialysis stack under tension (1 volt/cell), on the basis of 50 l/m2 of anionic and cationic membranes, until 50 % demineralisation of the solution. The effluent circuit is initiated by a 5 g/l potassium chloride solution. Migrating substances are tested for in both the simulant and the effluent.

Organic molecules entering into the membrane composition that are liable to migrate into the treated solution will be determined. A specific determination will be carried out for each of these constituents by an approved laboratory. The content in the simulant of all the determined compounds must be less than 50 g/l.

The general rules on controls of materials in contact with foodstuffs must be applied to these membranes.

2. MEMBRANE UTILISATION REQUIREMENTS

The membrane pair is formulated so that the following conditions are met:

—	the pH reduction of the wine is to be no more than 0,3 pH units,

—	the volatile acidity reduction is to be less than 0,12 g/l (2 meq expressed as acetic acid),

—	treatment must not affect the non-ionic constituents of the wine, in particular polyphenols and polysaccharides,

—	diffusion of small molecules such as ethanol is to be reduced and must not cause a reduction in alcoholic strength of more than 0,1 % vol.,

—	the membranes must be conserved and cleaned by approved methods with substances authorised for use in the preparation of foodstuffs,

—	the membranes are marked so that alternation in the stack can be checked,

—	the equipment is to be run using a command and control mechanism that will take account of the particular instability of each wine so as to eliminate only the supersaturation of potassium hydrogen tartrate and calcium salts,

—	the treatment is to be carried out under the responsibility of an oenologist or qualified technician.

The treatment is to be recorded in the register referred to in Article 70(2) of Regulation (EC) No 1493/1999.

(1) OJ L 220, 15.8.2002, p. 18.

ANNEX XII

Requirements for urease

(Article 19 of this Regulation)

1. International code for urease: EC 3-5-1-5, CAS No 9002-13-5.

2. Activity: urease activity (active at acidic pH), to break down urea into ammonia and carbon dioxide. The stated activity is not less than 5 units/mg, one unit being defined as the amount that produces one μmol of ammonia per minute at 37 °C from 5 g/l urea at pH 4.

3. Origin: Lactobacillus fermentum.

4. Area of application: breaking down urea present in wine intended for prolonged ageing, where its initial urea concentration is higher than 1 mg/l.

5. Maximum quantity to be used: 75 mg of enzyme preparation per litre of wine treated, not exceeding 375 units of urease per litre of wine. After treatment, all residual enzyme activity must be eliminated by filtering the wine (pore size < 1 μm).

6. Chemical and microbiological purity specifications

Loss on drying	Less than 10 %
Heavy metals	Less than 30 ppm
Lead	Less than 10 ppm
Arsenic	Less than 2 ppm
Total coliforms	Absent
Salmonella spp	Absent in 25 g sample
Aerobic count	Less than 5 × 104 cells/g

Urease used in the treatment of wine must be prepared under similar conditions to those for urease as covered by the opinion of the Scientific Committee for Food of 10 December 1998.

ANNEX XIII

Requirements for pieces of oak wood

(Article 22 of this Regulation)

PURPOSE, ORIGIN AND AREA OF APPLICATION

Pieces of oak wood are used in winemaking, to pass on certain characteristics of oak wood to wine.

The pieces of oak wood must come exclusively from the Quercus genus.

They may be left in their natural state, or heated to a low, medium or high temperature, but they may not have undergone combustion, including surface combustion, nor be carbonaceous or friable to the touch. They may not have undergone any chemical, enzymatic or physical processes other than heating. No product may be added for the purpose of increasing their natural flavour or the amount of their extractible phenolic compounds.

LABELLING

The label must mention the origin of the botanical species of oak and the intensity of any heating, the storage conditions and safety precautions.

DIMENSIONS

The dimensions of the particles of wood must be such that at least 95 % in weight are retained by a 2 mm mesh filter (9 mesh).

PURITY

The pieces of oak wood may not release any substances in concentrations which may be harmful to health.

This treatment is to be recorded in the register referred to in Article 70(2) of Regulation (EC) No 1493/1999.

ANNEX XIV

Derogations regarding sulphur dioxide content

(Article 23(1) of this Regulation)

In addition to point A of Annex V to Regulation (EC) No 1493/1999, the maximum sulphur dioxide content for wines with a residual sugar content, expressed as invert sugar, of not less than 5 grams per litre, shall be increased to:

(a)

300 mg/l for:

—	the quality white wines psr entitled to the designation of origin Gaillac;

—	the quality wines psr entitled to bear the designation of origin Alto Adige and Trentino, described by the terms or one of the terms ‘passito’ or ‘vendemmia tardiva’;

—	the quality wines psr entitled to bear the designation of origin ‘Colli orientali del Friuli’ together with the term ‘Picolit’;

—	the quality wines psr Moscato di Pantelleria naturale and Moscato di Pantelleria;

—

the table wines with the following geographical indications, with a total alcoholic strength by volume higher than 15 % vol. and a residual sugar content higher than 45 g/l:

—	Vin de pays de Franche-Comté,

—	Vin de pays des coteaux de l'Auxois,

—	Vin de pays de Saône-et-Loire,

—	Vin de pays des coteaux de l'Ardèche,

—	Vin de pays des collines rhodaniennes,

—	Vin de pays du comté Tolosan,

—	Vin de pays des côtes de Gascogne,

—	Vin de pays du Gers,

—	Vin de pays du Lot,

—	Vin de pays des côtes du Tarn,

—	Vin de pays de la Corrèze,

—	Vin de pays de l'Ile de Beauté,

—	Vin de pays d'Oc,

—	Vin de pays des côtes de Thau,

—	Vin de pays des coteaux de Murviel,

—	Vin de pays du Jardin de la France,

—	Vin de pays Portes de Méditerranée,

—	Vin de pays des comtés rhodaniens,

—	Vins de pays des côtes de Thongue,

—	Vins de pays de la Côte Vermeille,

—	the quality wines psr described by the term ‘pozdní sběr’,

—	the quality wine psr described by the term ‘neskorý zber’;

(b)

400 mg/l for:

—

quality white wines psr entitled to one of the following registered designations of origin: Alsace, Alsace grand cru followed by the words ‘vendanges tardives’ or ‘sélection de grains nobles’, Anjou-Coteaux de la Loire, Chaume-Premier cru des Coteaux du Layon, Coteaux du Layon followed by the name of the commune of origin, Coteaux du Layon followed by the name ‘Chaume’, Coteaux de Saumur, Pacherenc du Vic Bilh and Saussignac,

—

sweet wines produced from overripe grapes and sweet wines produced from raisined grapes originating in Greece, with a residual sugar content, expressed as invert sugar, of not less than 45 g/l and entitled to one of the following designations of origin: Samos (Σάμος), Rhodes (Ρόδος), Patras (Πάτρα), Rio Patron (Ρίο Πατρών), Kephallonia (Κεφαλλονιά), Limnos (Λήμνος), Sitia (Σητεία), Santorini (Σαντορίνη), Nemea (Νεμέα), Daphnes (Δαφνές),

—	the quality wines psr described by the terms ‘výběr z bobulí’, ‘výběr z cibéb’, ‘ledové víno’ and ‘slámové víno’,

—	the quality wine psr described by the terms ‘bobuľový výber’, ‘hrozienkový výber’ and ‘ľadový výber’,

—	the quality wines psr entitled to bear the designation of origin: ‘Albana di Romagna’ described as ‘passito’,

—	the Luxembourg quality wines psr described by the words ‘vendanges tardives’, ‘vin de glace’ or ‘vin de paille’;

(c)

350 mg/l for:

—	the quality wines psr described by the term ‘výběr z hroznů’,

—	the quality wines psr described by the term ‘výber z hrozna’.

In addition to point A of Annex V to Regulation (EC) No 1493/1999, the maximum sulphur dioxide content for white wine originating in Canada and with the right to the designation ‘Icewine’, with a residual sugar content, expressed as invert sugar, of not less than five g/l, shall be increased to 400 mg/l.

ANNEX XV

Increase in the maximum total sulphur dioxide content where the weather conditions make this necessary

(Article 23(4) of this Regulation)

	Year	Member State	Wine-growing zone(s)	Wines concerned
1.	2000	Germany	All wine-growing zones of Germany.	All wines obtained from grapes harvested in 2000.
2.	2006	Germany	The wine-growing zones in the regions of Baden-Württemberg, Bavaria, Hessen and Rhineland Palatinate.	All wines obtained from grapes harvested in 2006.
3.	2006	France	The wine-growing areas in the departments of Bas-Rhin and Haut-Rhin.	All wines obtained from grapes harvested in 2006.

ANNEX XVI

Volatile acid content

(Article 24 of this Regulation)

Notwithstanding point B(1) of Annex V to Regulation (EC) No 1493/1999, the maximum volatile acid content of wine shall be:

(a)

for German wines:

30 milliequivalents per litre for quality wines psr meeting the requirements to be described as ‘Eiswein’ or ‘Beerenauslese’;

35 milliequivalents per litre for quality wines psr meeting the requirements to be described as ‘Trockenbeerenauslese’;

(b)

for French wines:

25 milliequivalents per litre for the following quality wines psr:

—

Barsac,

—

Cadillac,

—

Cérons,

—

Loupiac,

—	Monbazillac,

—	Sainte-Croix-du-Mont,

—	Sauternes,

—	Anjou-Coteaux de la Loire,

—	Bonnezeaux,

—	Coteaux de l’Aubance,

—	Coteaux du Layon,

—	Coteaux du Layon, followed by the name of the commune of origin,

—	Coteaux du Layon, followed by the name ‘Chaume’,

—	Quarts de Chaume,

—	Coteaux de Saumur,

—

Jurançon,

—	Pacherenc du Vic Bilh,

—	Alsace and Alsace grand cru, described and presented by the words ‘vendanges tardives’ or ‘sélection de grains nobles’,

—	Arbois, followed by the description ‘vin de paille’,

—	Côtes du Jura, followed by the description ‘vin de paille’,

—	L’Étoile, followed by the description ‘vin de paille’,

—	Hermitage, followed by the description ‘vin de paille’,

—	Chaume-Premier cru des Coteaux du Layon,

—	Graves supérieurs,

—	Saussignac;

the table wines with the following geographical indications, with a total alcoholic strength by volume higher than 15 % and a residual sugar content of more than 45 g/l:

—	Vin de pays de Franche-Comté,

—	Vin de pays des coteaux de l’Auxois,

—	Vin de pays de Saône-et-Loire,

—	Vin de pays des coteaux de l’Ardèche,

—	Vin de pays des collines rhodaniennes,

—	Vin de pays du comté Tolosan,

—	Vin de pays des côtes de Gascogne,

—	Vin de pays du Gers,

—	Vin de pays du Lot,

—	Vin de pays des côtes du Tarn,

—	Vin de pays de la Corrèze,

—	Vin de pays de l’Île de Beauté,

—	Vin de pays d’Oc,

—	Vin de pays des côtes de Thau,

—	Vin de pays des coteaux de Murviel,

—	Vin de pays du Jardin de la France, except for the wines produced in the zone bearing the controlled designation of origin and in the areas planted with the variety Chenin, in the departments Maine-et-Loire and Indre-et-Loire,

—	Vin de pays Portes de Méditerranée,

—	Vin de pays des comtés rhodaniens,

—	Vin de pays des côtes de Thongue,

—	Vin de pays de la Côte Vermeille;

the following quality liqueur wines psr, described and presented by the term ‘vin doux naturel’:

—

Banyuls,

—	Banyuls rancio,

—	Banyuls grand cru,

—	Banyuls grand cru rancio,

—	Frontignan,

—	Grand Roussillon,

—	Grand Roussillon rancio,

—

Maury,

—	Maury rancio,

—	Muscat de Beaumes-de-Venise,

—	Muscat de Frontignan,

—	Muscat de Lunel,

—	Muscat de Mireval,

—	Muscat de Saint-Jean-de-Minervois,

—

Rasteau,

—	Rasteau rancio,

—	Rivesaltes,

—	Rivesaltes rancio,

—	Vin de Frontigan,

—	Muscat du Cap Corse;

(c)

for Italian wines:

(i)

25 milliequivalents per litre for:

—	the quality liqueur wine psr ‘Marsala’,

—	the quality wines psr Moscato di Pantelleria naturale, Moscato di Pantelleria and Malvasia delle Lipari,

—	the quality wines psr Colli orientali del Friuli accompanied by the term ‘Picolit’,

—

the quality wines psr and the quality liqueur wines psr meeting the requirements to be described by the terms or one of the terms ‘vin santo’, ‘passito’, ‘liquoroso’ and ‘vendemmia tardiva’, with the exception of the quality wines psr entitled to bear the designation of origin Alto Adige described by the terms or one of the terms ‘passito’ and ‘vendemmia tardiva’,

—	table wines with a geographical indication meeting the requirements to be described by the term or one of the terms ‘vin santo’, ‘passito’, ‘liquoroso’ and ‘vendemmia tardiva’,

—	table wines obtained from the ‘Vernaccia di Oristano B’ vine variety harvested in Sardinia and meeting the requirements to be described as ‘Vernaccia di Sardegna’;

(ii)	40 milliequivalents per litre for the quality wines psr entitled to bear the designation of origin Alto Adige described by the terms or one of the terms ‘passito’ or ‘vendemmia tardiva’.

(d)

for Austrian wines:

—	30 milliequivalents per litre for quality wines psr meeting the requirements to be described as ‘Beerenauslese’ and ‘Eiswein’, with the exception of wines described as ‘Eiswein’ from the 2003 harvest,

—	40 milliequivalents per litre for quality wines psr meeting the requirements to be described as ‘Ausbruch’, ‘Trockenbeerenauslese’ and ‘Strohwein’, and wines described as ‘Eiswein’ from the 2003 harvest;

(e)	for wines originating in the United Kingdom: 25 milliequivalents per litre for quality wines psr described and presented by the terms ‘botrytis’ or other equivalent terms, ‘noble late harvested’, ‘special late harvested’ or ‘noble harvest’ and meeting the requirements to be described as such;

(f)

for wines originating in Spain:

(i)	25 milliequivalents per litre for quality wines psr meeting the requirements to be described as ‘vendimia tardía’;

(ii)

35 milliequivalents per litre for:

—	the quality wines psr produced from overripe grapes entitled to bear the designation of origin ‘Ribeiro’,

—	the quality wines psr described by the term ‘generoso’ or ‘generoso de licor’ and entitled to bear the designation of origin Condado de Huelva, Jerez-Xerez-Sherry, Manzanilla-Sanlúcar de Barrameda, Málaga or Montilla-Moriles;

(g)	for wines originating in Canada: 35 milliequivalents per litre for wines described by the words ‘Icewine’;

(h)

for Hungarian wines:

25 milliequivalents per litre for the following quality wines psr:

—	Tokaji máslás,

—	Tokaji fordítás,

—

aszúbor,

—	töppedt szőlőből készült bor,

—	Tokaji szamorodni,

—	késői szüretelésű bor,

—	válogatott szüretelésű bor;

35 milliequivalents per litre for the following quality wines psr:

—	Tokaji aszú,

—	Tokaji aszúeszencia,

—	Tokaji eszencia;

(i)

for Czech wines:

30 milliequivalents per litre for quality wines psr described by the words ‘výběr z bobulí’ and ‘ledové víno’,

35 milliequivalents per litre for quality wines psr described by the words ‘slámové víno’ and ‘výběr z cibéb’;

(j)

for Greek wines:

30 milliequivalents per litre for the following quality wines psr with a total alcoholic strength by volume equal or higher than 13 % vol. and a residual sugar content of at least 45 g/l:

—	Samos (Σάμος),

—	Rhodes (Ρόδος),

—	Patras (Πάτρα),

—	Rio Patron (Ρίο Πατρών),

—	Cephalonie (Κεφαλονιά),

—	Limnos (Λήμνος),

—	Sitia (Σητεία),

—	Santorini (Σαντορίνη),

—	Nemea (Νεμέα),

—	Daphnes (Δαφνές);

(k)	for Cypriot wines: 25 milliequivalents per litre for the quality liqueur wines psr ‘Κουμανδαρία’ (Commandaria);

(l)

for Slovak wines:

25 milliequivalents per litre for the following quality wines psr:

—	tokajské samorodné,

35 milliequivalents per litre for:

—	tokajský výber;

(m)

for Slovenian wines:

30 milliequivalents per litre for the following quality wines psr:

—	vrhunsko vino ZGP — jagodni izbor,

—	vrhunsko vino ZGP — ledeno vino;

35 milliequivalents per litre for the following quality wines psr:

—	vrhunsko vino ZGP — suhi jagodni izbor;

(n)

for Luxembourg wines:

—	25 milliequivalents per litre for Luxembourg quality wines psr meeting the requirements to be described as ‘vendanges tardives’,

—	30 milliequivalents per litre for quality wines psr meeting the requirements to be described as ‘vin de paille’ and ‘vin de glace’.

(o)

for Romanian wines:

—	25 milliequivalents per litre for quality wines psr meeting the requirements to be described as ‘DOC-CT’.

—	30 milliequivalents per litre for quality wines psr meeting the requirements to be described as ‘DOC-CIB’.

ANNEX XVII

Enrichment where weather conditions have been exceptionally unfavourable

(Article 27 of this Regulation)

	Year	Wine-growing zone	Geographical region	Variety (where applicable)
1.	2000	A	England, Wales	Auxerrois, Chardonnay, Ehrenfelser, Faber, Huxelrebe, Kerner, Pinot Blanc, Pinot Gris, Pinot Noir, Riesling, Schonburger, Scheurebe, Seyval Blanc and Wurzer

ANNEX XVIII

Cases where acidification and enrichment of one and the same product are authorised

(Article 31 of this Regulation)

(p. m.)

ANNEX XIX

Dates before which enrichment, acidification and deacidification operations may be carried out in cases of exceptionally bad weather conditions

(Article 33 of this Regulation)

(p. m.)

ANNEX XX

Characteristics of wine distillate or dried-grape distillate which may be added to liqueur wines and certain quality liqueur wines psr

(Article 40 of this Regulation)

1.	Organoleptic characteristics

No extraneous flavour detectable in the raw material

Alcoholic strength by volume:

minimum

52 % vol.

maximum

86 % vol.

3.	Total quantity of volatile substances other than ethyl and methyl alcohols

125 g/hl alcohol or more at 100 % vol.

4.	Maximum methyl-alcohol content

< 200 g/hl alcohol at 100 % vol.

ANNEX XXI

List of quality liqueur wines psr the production of which involves the application of special rules

A. LIST OF QUALITY LIQUEUR WINES PSR THE PRODUCTION OF WHICH INVOLVES THE USE OF GRAPE MUST OR A MIXTURE THEREOF WITH WINE

(Article 41(1) of this Regulation)

GREECE

Σάμος (Samos), Μοσχάτος Πατρών (Patras Muscatel), Μοσχάτος Ρίου Πατρών (Rio Patron Muscatel), Μοσχάτος Κεφαλλονιάς (Kefallonia Muscatel), Μοσχάτος Ρόδου (Rhodes Muscatel), Μοσχάτος Λήμνου (Lemnos Muscatel), Σητεία (Sitia), Νεμέα (Nemea), Σαντορίνη (Santorini), Δαφνές (Dafnes), Μαυροδάφνη Πατρών (Mavrodafne of Patras), Μαυροδάφνη Κεφαλλονιάς (Mavrodafne of Kefallonia).

SPAIN

Quality liqueur wine psr	Description of product as established by Community rules or national legislation
Alicante	Moscatel de Alicante Vino dulce
Cariñena	Vino dulce
Jerez-Xérès-Sherry	Pedro Ximénez Moscatel
Montilla-Moriles	Pedro Ximénez
Priorato	Vino dulce
Tarragona	Vino dulce
Valencia	Moscatel de Valencia Vino dulce

ITALY

Cannonau di Sardegna, giró di Cagliari, malvasia di Bosa, malvasia di Cagliari, Marsala, monica di Cagliari, moscato di Cagliari, moscato di Sorso-Sennori, moscato di Trani, nasco di Cagliari, Oltrepó Pavese moscato, San Martino della Battaglia, Trentino, Vesuvio Lacrima Christi.

B. LIST OF QUALITY LIQUEUR WINES PSR THE PRODUCTION OF WHICH INVOLVES THE ADDITION OF THE PRODUCTS REFERRED TO IN POINT J(2)(B) OF ANNEX V TO REGULATION (EC) NO 1493/1999

(Article 41(2) of this Regulation)

1. List of quality liqueur wines psr the production of which involves the addition of wine alcohol or dried-grape alcohol with an alcoholic strength of not less than 95% vol. and not more than 96% vol.

(First indent of point J(2)(b)(ii) of Annex V to Regulation (EC) No 1493/1999)

GREECE

Σάμος (Samos), Μοσχάτος Πατρών (Patras Muscatel), Μοσχάτος Ρίου Πατρών (Rio Patron Muscatel), Μοσχάτος Κεφαλλονιάς (Kefallonia Muscatel), Μοσχάτος Ρόδου (Rhodes Muscatel), Μοσχάτος Λήμνου (Lemnos Muscatel), Σητεία (Sitia), Σαντορίνη (Santorini), Δαφνές (Dafnes), Μαυροδάφνη Πατρών (Mavrodafne of Patras), Μαυροδάφνη Κεφαλλονιάς (Mavrodafne of Kefallonia).

SPAIN

Contado de Huelva, Jerez-Xérès-Sherry, Manzanilla-Sanlúcar de Barrameda, Málaga, Montilla-Moriles, Rueda.

CYPRUS

Κουμανδαρία (Commandaria).

2. List of quality liqueur wines psr the production of which involves the addition of spirits distilled from wine or grape marc with an alcoholic strength of not less than 52% vol. and not more than 86% vol.

(Second indent of point J(2)(b)(ii) of Annex V to Regulation (EC) No 1493/1999)

GREECE

Μαυροδάφνη Πατρών (Mavrodafne of Patras), Μαυροδάφνη Κεφαλλονιάς (Mavrodafne of Kefallonia), Σητεία (Sitia), Σαντορίνη (Santorini), Δαφνές (Dafnes), Νεμέα (Nemea).

FRANCE

Pineau des Charentes or pineau charentais, floc de Gascogne, macvin du Jura.

CYPRUS

Κουμανδαρία (Commandaria).

3. List of quality liqueur wines psr the production of which involves the addition of spirits distilled from dried grapes with an alcoholic strength of not less than 52% vol. and not more than 94,5 % vol.

(Third indent of point J(2)(b)(ii) of Annex V to Regulation (EC) No 1493/1999)

GREECE

Μαυροδάφνη Πατρών (Mavrodafne of Patras), Μαυροδάφνη Κεφαλλονιάς (Mavrodafne of Kefallonia).

4. List of quality liqueur wines psr the production of which involves the addition of grape must in fermentation obtained from raisined grapes

(First indent of point J(2)(b)(iii) of Annex V to Regulation (EC) No 1493/1999)

SPAIN

Quality liqueur wine psr	Description of product as established by Community rules or national legislation
Jerez-Xérès-Sherry	Vino generoso de licor
Málaga	Vino dulce
Montilla-Moriles	Vino generoso de licor

ITALY

Aleatico di Gradoli, Giró di Cagliari, Malvasia delle Lipari, Malvasia di Cagliari, Moscato passito di Pantelleria

CYPRUS

Κουμανδαρία (Commandaria)

5. List of quality liqueur wines psr the production of which involves the addition of concentrated grape must obtained by the action of direct heat, complying, except for this operation, with the definition of concentrated grape must

(Second indent of point J(2)(b)(iii) of Annex V to Regulation (EC) No 1493/1999)

SPAIN

Quality liqueur wine psr	Description of product as established by Community rules or national legislation
Alicante
Condado de Huelva	Vino generoso de licor
Jerez-Xérès-Sherry	Vino generoso de licor
Málaga	Vino dulce
Montilla-Moriles	Vino generoso de licor
Navarra	Moscatel

ITALY

Marsala

6. List of quality liqueur wines psr the production of which involves the addition of concentrated grape must

(Third indent of point J(2)(b)(iii) of Annex V to Regulation (EC) No 1493/1999)

SPAIN

Quality liqueur wine psr	Description of product as established by Community rules or national legislation
Málaga	Vino dulce
Montilla-Moriles	Vino dulce
Tarragona	Vino dulce

ITALY

Oltrepó Pavese Moscato, Marsala, Moscato di Trani.

ANNEX XXII

Repealed Regulation with list of its successive amendments

Commission Regulation (EC) No 1622/2000 (OJ L 194, 31.7.2000, p. 1)
Regulation (EC) No 2451/2000 (OJ L 282, 8.11.2000, p. 7)
Regulation (EC) No 885/2001 (OJ L 128, 10.5.2001, p. 54)	Article 2 only
Regulation (EC) No 1609/2001 (OJ L 212, 7.8.2001, p. 9)
Regulation (EC) No 1655/2001 (OJ L 220, 15.8.2001, p. 17)
Regulation (EC) No 2066/2001 (OJ L 278, 23.10.2001, p. 9)
Regulation (EC) No 2244/2002 (OJ L 341, 17.12.2002, p. 27)
Regulation (EC) No 1410/2003 (OJ L 201, 8.8.2003, p. 9)
Point 6.A.30 of Annex II of the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 346)
Regulation (EC) No 1427/2004 (OJ L 263, 10.8.2004, p. 3)
Regulation (EC) No 1428/2004 (OJ L 263, 10.8.2004, p. 7)
Regulation (EC) No 1163/2005 (OJ L 188, 20.7.2005, p. 3)
Regulation (EC) No 643/2006 (OJ L 115, 28.4.2006, p. 6)	Article 1 only
Regulation (EC) No 1507/2006 (OJ L 280, 12.10.2006, p. 9)	Article 1 only
Regulation (EC) No 2030/2006 (OJ L 414, 30.12.2006, p. 40)	Article 2 only
Regulation (EC) No 388/2007 (OJ L 97, 12.4.2007, p. 3)
Regulation (EC) No 389/2007 (OJ L 97, 12.4.2007, p. 5)
Regulation (EC) No 556/2007 (OJ L 132, 24.5.2007, p. 3)
Regulation (EC) No 1300/2007 (OJ L 289, 7.11.2007, p. 8)

ANNEX XXIII

Correlation table

Regulation (EC) No 1622/2000	This Regulation
Articles 1 to 7	Articles 1 to 7
Article 8, first paragraph, introductory words	Article 8(1), introductory words
Article 8, first paragraph, first indent	Article 8(1)(a)
Article 8, first paragraph, second indent	Article 8(1)(b)
Article 8, second paragraph	Article 8(2)
Article 9, first paragraph, introductory words	Article 9(1), introductory words
Article 9, first paragraph, first indent	Article 9(1)(a)
Article 9, first paragraph, second indent	Article 9(1)(b)
Article 9, first paragraph, third indent	Article 9(1)(c)
Article 9, second paragraph	Article 9(2)
Article 10 and 11	Article 10 and 11
Article 11a	Article 12
Article 12	Article 13
Article 13	Article 14
Article 14	Article 15
Article 15	Article 16
Article 15a	Article 17
Article 16	Article 18
Article 17	Article 19
Article 18	Article 20
Article 18a	Article 21
Article 18b	Article 22
Article 19	Article 23
Article 20	Article 24
Article 21	Article 25
Article 22	Article 26
Article 23	Article 27
Article 24, introductory words	Article 28, first paragraph, introductory words
Article 24, point (a)	Article 28, first paragraph, point (a)
Article 24, point (b)	Article 28, first paragraph, point (b)
Article 24, point (c)	Article 28, first paragraph, point (c)
Article 24, point (d), introductory words	Article 28, first paragraph, point (d), introductory words
Article 24, point (d), first indent	Article 28, first paragraph, point (d)(i)
Article 24, point (d), second indent	Article 28, first paragraph, point (d)(ii)
Article 24, point (d), third indent	Article 28, first paragraph, point (d)(iii)
Article 24, point (d), last sentence	Article 28, second paragraph
Article 24, point (e)	Article 28, first paragraph, point (e)
Article 25(1)	Article 29(1)
Article 25(2), introductory words	Article 29(2), introductory words
Article 25(2), first indent	Article 29(2)(a)
Article 25(2), second indent	Article 29(2)(b)
Article 25(2), third indent	Article 29(2)(c)
Article 25(2), fourth indent	Article 29(2)(d)
Article 25(2), fifth indent	Article 29(2)(e)
Article 25(3) to (6)	Article 29(3) to (6)
Article 26(1)	Article 30(1)
Article 26(2), introductory words	Article 30(2), introductory words
Article 26(2), first indent	Article 30(2)(a)
Article 26(2), second indent	Article 30(2)(b)
Article 26(2), third indent	Article 30(2)(c)
Article 26(3)	Article 30(3)
Article 27	Article 31
Article 28	Article 32
Article 29	Article 33
Article 30	Article 34
Article 31	Article 35
Article 32	Article 36
Article 33	Article 37
Article 34(1)	Article 38(1)
Article 34(2), introductory words	Article 38(2), introductory words
Article 34(2), first indent	Article 38(2)(a)
Article 34(2), second indent	Article 38(2)(b)
Article 34(2), last sentence	Article 38(2), last sentence
Article 34(3)	Article 38(3)
Article 35(1), introductory words	Article 39(1), introductory words
Article 35(1), first indent	Article 39(1)(a)
Article 35(1), second indent	Article 39(1)(b)
Article 35(1), third indent	Article 39(1)(c)
Article 35(1), final wording	Article 39(1), introductory words
Article 35(2) and (3)	Article 39(2) and (3)
Article 35(4), introductory words	Article 39(4), introductory words
Article 35(4)(a)	Article 39(4)(a)
Article 35(4)(b), introductory words	Article 39(4)(b), introductory words
Article 35(4)(b), first indent	Article 39(4)(b)(i)
Article 35(4)(b), second indent	Article 39(4)(b)(ii)
Article 35(5)	Article 39(5)
Article 37	Article 40
Article 38	Article 41
Article 39	Article 42
Article 40	Article 43
Article 41(1), first subparagraph, introductory words	Article 44(1), first subparagraph, introductory words
Article 41(1), first subparagraph, first indent	Article 44(1), first subparagraph, point (a)
Article 41(1), first subparagraph, second indent	Article 44(1), first subparagraph, point (b)
Article 41(1), first subparagraph, third indent	Article 44(1), first subparagraph, point (c)
Article 41(1), first subparagraph, fourth indent	Article 44(1), first subparagraph, point (d)
Article 41(1), second subparagraph	Article 44(1) second subparagraph
Article 41(2), (3) and (4)	Article 41(2), (3) and (4)
Article 42	Article 45
Article 43	Article 46
Article 44(1)	—
Article 44(2)	Article 47
—	Article 48
Article 45	Article 49
Annex I	Annex I
Annex II	Annex II
Annex III	Annex III
Annex IV	Annex IV
Annex VI	Annex V
Annex VII	Annex VI
Annex VIII	Annex VII
Annex VIIIa	Annex VIII
Annex IX	Annex IX
Annex IXa	Annex X
Annex X	Annex XI
Annex XI	Annex XII
Annex XIa	Annex XIII
Annex XII	Annex XIV
Annex XIIa	Annex XV
Annex XIII	Annex XVI
Annex XIV	Annex XVII
Annex XV	Annex XVIII
Annex XVI	Annex XIX
Annex XVII	Annex XX
Annex XVIII	Annex XXI
—	Annex XXII
—	Annex XXIII

II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

15.5.2008

Official Journal of the European Union

L 127/58

DECISION No 2/2007 OF THE JOINT COMMUNITY/SWITZERLAND AIR TRANSPORT COMMITTEE SET UP UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON AIR TRANSPORT

of 15 December 2007

replacing the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport

(2008/367/EC)

THE COMMUNITY/SWITZERLAND AIR TRANSPORT COMMITTEE,

Having regard to the Agreement between the European Community and the Swiss Confederation on Air Transport, hereinafter referred to as ‘the Agreement’, and in particular Article 23(4) thereof,

HAS DECIDED AS FOLLOWS:

Sole Article

The Annex to this Decision replaces the Annex to the Agreement.

Done at Brussels, 15 December 2007.

For the Joint Committee

The Head of the Community Delegation

Daniel CALLEJA CRESPO

The Head of the Swiss Confederation

Raymond CRON

ANNEX

For the purposes of this Agreement:

—	wherever acts specified in this Annex contain references to Member States of the European Community, or a requirement for a link with the latter, the references shall, for the purpose of the Agreement, be understood to apply equally to Switzerland or to the requirement of a link with Switzerland;

—

without prejudice to Article 15 of this Agreement, the term ‘Community air carrier’ referred to in the following Community directives and regulations shall include an air carrier which is licensed and has its principal place of business and, if any, its registered office in Switzerland in accordance with the provisions of Council Regulation (EEC) No 2407/92.

1. Third aviation liberalisation package and other civil aviation rules

No 2407/92

Council Regulation of 23 July 1992 on licensing of air carriers.

(Articles 1-18)

As regards the application of Article 13(3), the reference to Article 226 of the EC Treaty shall be understood to mean a reference to the applicable procedures of this Agreement.

No 2408/92

Council Regulation of 23 July 1992 on access for Community air carriers to intra-Community air routes.

(Articles 1-10, 12-15)

(The Annexes will be amended in order to include Swiss airports).

(The amendments to Annex I, arising from Annex II, Chapter 8 (Transport policy), Section G (Air transport), point 1 of the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, shall apply).

No 2409/92

Council Regulation of 23 July 1992 on fares and rates for air services.

(Articles 1-11)

No 2000/79

Council Directive of 27 November 2000 concerning the implementation of the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA).

No 93/104

Council Directive of 23 November 1993 concerning certain aspects of the organisation of working time, as last amended by:

—	Directive No 2000/34/EC of 22 June 2000.

No 437/2003

Regulation (EC) of the European Parliament and of the Council of 27 February 2003 on statistical returns in respect of the carriage of passengers, freight and mail by air.

No 1358/2003

Commission Regulation of 31 July 2003 implementing Regulation (EC) No 437/2003 of the European Parliament and of the Council on statistical returns in respect of the carriage of passengers, freight and mail by air and amending Annexes I and II thereto.

No 785/2004

Regulation of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators.

No 91/670

Council Directive of 16 December 1991 on mutual acceptance of personnel licences for the exercise of functions in civil aviation.

(Articles 1-8)

No 95/93

Council Regulation of 18 January 1993 on common rules for the allocation of slots at Community airports (Articles 1-12), as last amended by:

—	Regulation No 793/2004 of the European Parliament and of the Council of 21 April 2004 (Articles 1-2).

No 96/67

Council Directive of 15 October 1996 on access to the groundhandling market at Community airports.

(Articles 1-9, 11-23, and 25)

No 2027/97

Council Regulation of 9 October 1997 on air carrier liability in the event of accidents (Articles 1-8), as last amended by:

—	Regulation No 889/2002 of the European Parliament and of the Council of 13 May 2002 (Articles 1-2)

2. Competition rules

Any reference in the following texts to Articles 81 and 82 of the Treaty shall be understood to mean Articles 8 and 9 of this Agreement.

No 17/62

Council Regulation of 6 February 1962 implementing Article 81 and 82 of the Treaty (Article 8(3)), as last amended by:

—	Regulation No 59/62,

—	Regulation No 118/63,

—	Regulation No 2822/71,

—	Regulation No 1216/99,

—	Regulation (EC) No 1/2003 of 16 December 2002 (Articles 1-13, 15-45).

No 2988/74

Council Regulation of 26 November 1974 concerning limitation periods in proceedings and the enforcement of sanctions under the rules of the EEC relating to transport and competition (Articles 1-7), as last amended by:

—	Council Regulation (EC) No 1/2003 of 16 December 2002 (Articles 1-13, 15-45).

No 3975/87

Council Regulation of 14 December 1987 laying down the procedures for the application of the rules on competition to undertakings in the air transport sector (Articles 1-7, 8(1), 8(2), 9-11, 12(1), 12(2), 12(4), 12(5), 13(1), 13(2), and 14-19), as last amended by:

—	Council Regulation No 1284/91 of 14 May 1991 (Article 1),

—	Council Regulation No 2410/92 of 23 July 1992 (Article 1),

—	Council Regulation (EC) No 1/2003 of 16 December 2002 (Articles 1-13, 15-45).

No 3976/87

Council Regulation of 14 December 1987 on the application of Article 81(3) of the Treaty to certain categories of agreement and concerted practices in the air transport sector (Articles 1-5, and 7), as last amended by:

—	Council Regulation (EEC) No 2344/90 of 24 July 1990 (Article 1),

—	Council Regulation (EEC) No 2411/92 of 23 July 1992 (Article 1),

—	Council Regulation (EC) No 1/2003 of 16 December 2002 (Articles 1-13, 15-45).

No 1617/93(2)

Commission Regulation of 25 June 1993 on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices concerning joint planning and coordination of schedules, joint operations, consultations on passenger and cargo tariffs on scheduled air services and slot allocation at airports (Articles 1-7), as last amended by:

—	Commission Regulation (EC) No 1523/96 of 24 July 1996 (Articles 1 and 2),

—	Commission Regulation (EC) No 1083/1999 of 26 May 1999,

—	Commission Regulation (EC) No 1324/2001 of 29 June 2001,

No 4261/88

Commission Regulation of 16 December 1988 on the complaints, applications and hearings provided for in Council Regulation (EEC) No 3975/87.

(Articles 1-14)

No 80/723

Commission Directive of 25 June 1980 on the transparency of financial relations between Member States and public undertakings (Articles 1-9), as last amended by:

—	Commission Directive No 85/413/EEC of 24 July 1985 (Articles 1-3).

No 1/2003

Council Regulation of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty.

(Articles 1-13, and 15-45)

(To the extent that this Regulation is relevant for the application of this agreement. The insertion of this Regulation does not affect the division of tasks according to this Agreement).

No 773/2004

Commission Regulation of 7 April 2004 relating to proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty.

No 139/2004

Council Regulation of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation)

(Article 1-18, 19(1)-(2), 20-23)

With respect to Article 4(5) of the Merger Regulation the following shall apply between the European Community and Switzerland:

(1)

With regard to a concentration as defined in Article 3 of Regulation (EC) No 139/2004 which does not have a Community dimension within the meaning of Article 1 of that Regulation and which is capable of being reviewed under the national competition laws of at least three EC Member States and Switzerland, the persons or undertakings referred to in Article 4(2) of that Regulation may, before any notification to the competent authorities, inform the EC Commission by means of a reasoned submission that the concentration should be examined by the Commission.

(2)	The EC Commission shall transmit all submissions pursuant to Article 4(5) of Regulation (EC) No 139/2004 and the previous paragraph to the Swiss Confederation without delay.

(3)	Where the Swiss Confederation has expressed its disagreement as regards the request to refer the case, the competent Swiss competition authority shall retain its competence, and the case shall not be referred from the Swiss Confederation pursuant to this paragraph.

With respect to time limits referred to in Articles 4(4) and (5), Articles 9(2) and (6), and Articles 22(2) of the Merger Regulation:

(1)	The EC Commission shall transmit all the relevant documents pursuant to Articles 4(4) and (5), Articles 9(2) and (6) and Article 22(2) to the competent Swiss competition authority without delay.

(2)	The calculation of the time limits referred to in Articles 4(4) and (5), Articles 9(2) and (6), and Article 22(2) of Regulation (EC) No 139/2004 shall start, for the Swiss Confederation, upon receipt of the relevant documents by the competent Swiss competition authority.

No 802/2004

Commission Regulation of 7 April 2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings.

(Articles 1-24)

3. Aviation safety

No 3922/91

Council Regulation of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (Articles 1-3, 4(2), 5-11, and 13), as amended:

—	Regulation (EC) No 1899/2006 of the European Parliament and of the Council of 12 December 2006,

—	Regulation (EC) No 1900/2006 of the European Parliament and of the Council of 20 December 2006.

No 94/56/EC

Council Directive of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents.

(Articles 1-13)

No 36/2004

Directive of the Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports.

(Articles 1-9, and 11-14)

No 768/2006

Commission Regulation of 19 May 2006 implementing Directive 2004/36/EC of the European Parliament and of the Council as regards the collection and exchange of information on the safety of aircraft using Community airports and the management of the information system.

No 2003/42

Directive of the European Parliament and the Council of 13 June 2003 on occurrence reporting in civil aviation.

(Articles 1-12)

No 1592/2002

Regulation of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (hereinafter referred to as ‘the Regulation’), as last amended by:

—	Regulation (EC) No 1643/2003 of 22 July 2003,

—	Regulation (EC) No 1701/2003 of 24 September 2003,

—	No 593/2007 of 31 May 2007,

—	Commission Regulation (EC) No 334/2007 of 28 March 2007,

—	Commission Regulation (EC) No 103/2007 of 2 February 2007 on the extension of the transitional period referred to in Article 53(4),

—	the committee established by Regulation (EC) No 1592/2002.

The Agency shall enjoy also in Switzerland the powers granted to it under the provisions of the Regulation.

The Commission shall enjoy also in Switzerland the powers granted to it for decisions pursuant to Article 10(2), (4), (6), Article 16(4), Article 29(3)(i), Article 31(3), Article 32(5) and Article 53(4).

Notwithstanding the horizontal adaptation provided for in the first indent of the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport, the references to the ‘Member States’ made in Article 54 of the Regulation or in the provisions of Decision 1999/468/EC mentioned in that provision shall not be understood to apply to Switzerland.

Nothing in this Regulation shall be construed so as to transfer to the EASA authority to act on behalf of Switzerland under international agreements for other purposes than to assist in the performance of its obligations pursuant to such agreements.

The text of the Regulation shall, for the purposes of the Agreement, be read with the following adaptations

(a)

Article 9 is amended as follows:

(i)	in paragraph 1, the words ‘or Switzerland’ shall be inserted after the words ‘the Community’;

(ii)	in paragraph 2(a), the words ‘or Switzerland’ shall be inserted after the words ‘the Community’;

(iii)

in paragraphs 2 points (b) and (c) are deleted;

(iv)

the following paragraph is added:

‘3. Whenever the Community negotiates with a third country in order to conclude an agreement providing that a Member State or the Agency may issue certificates on the basis of certificates issued by the aeronautical authorities of that third country, it shall endeavour to obtain for Switzerland an offer of a similar agreement with the third country in question. Switzerland shall, in turn, endeavour to conclude with third countries agreements corresponding to those of the Community’.

(b)

In Article 20, the following paragraph shall be added:

‘4. By way of derogation from Article 12(2)(a) of the Conditions of Employment of Other Servants of the European Communities, Swiss nationals enjoying their full rights as citizens may be engaged under contract by the Executive Director of the Agency.’

(c)	In Article 21, the following paragraph is added: ‘Switzerland shall apply to the Agency the Protocol on the Privileges and Immunities of the European Communities, which is set out as Annex A to the present Annex, in accordance with the Appendix to Annex A.’

(d)	In Article 28, the following paragraph is added: ‘Switzerland shall participate fully in the Management Board and shall within it have the same rights and obligations as European Union Member States, except for the right to vote’.

(e)

In Article 48, the following paragraph shall be added:

‘8. Switzerland shall participate in the financial contribution referred to in paragraph 1(a), according to the following formula:

S (0,2/100) + S [1 – (a+b) 0,2/100] c/C

where:

S	=	the part of the budget of the Agency not covered by the fees and charges mentioned in paragraph 1(b) and (c)
a	=	the number of Associated States
b	=	the number of EU Member States
c	=	the contribution of Switzerland to the ICAO budget
C	=	the total contribution of the EU Member States and of the Associated States to the ICAO budget.’

(f)	In Article 50, the following paragraph is added: ‘The provisions relating to financial control by the Community in Switzerland concerning the participants in the activities of the Agency are set out in Annex B to the present Annex.’

(g)

Annex II to the Regulation shall be extended to include the following aircraft as products covered by Article 2(3)(a)(ii) of Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (1):

A/c — [HB IDJ] — type CL600-2B19,

A/c — [HB-IGM] — type Gulfstream G-V-SP,

A/c — [HB-IIS, HB-IIY, HB-IMJ, HB-IVL, HB-IVZ, HB-JES] — type Gulfstream G-V,

A/c — [HB-IBX, HB-IKR, HB-IMY, HB-ITF, HB-IWY] — type Gulfstream G-IV,

A/c — [HB-XJF, HB-ZCW, HB-ZDF, HB-ZDO] — type MD 900.

No 736/2006

Commission Regulation of 16 May 2006 on working methods of the European Aviation Safety Agency for conducting standardisation inspections.

No 1702/2003

Regulation of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations, as last amended by:

—	Commission Regulation (EC) No 381/2005 of 7 March 2005,

—	Commission Regulation (EC) No 706/2006 of 8 May 2006,

—	Commission Regulation (EC) No 335/2007 of 28 March 2007,

—	Commission Regulation (EC) No 375/2007 of 30 March 2007.

For the purposes of the Agreement, the provisions of Regulation No 1702/2003 shall be read subject to the following adjustment:

Article 2 is amended as follows:

In paragraphs 3, 4, 6, 8, 10, 11, 13 and 14, the date ‘28 September 2003’ shall be replaced by ‘the date of entry into force of the Decision the Community/Switzerland Air Transport Committee which incorporates Regulation 1592/2002 into the Annex to the Regulation.’

No 2042/2003

Commission Regulation of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks, as last amended by:

—	Commission Regulation (EC) No 707/2006 of 8 May 2006.

—	Commission Regulation (EC) No 376/2007 of 30 March 2007.

No 104/2004

Commission Regulation of 22 January 2004 laying down rules on the organisation and composition of the Board of Appeal of the European Aviation Safety Agency.

No 488/2005

Commission Regulation of 21 March 2005 on the fees and charges levied by the European Aviation Safety Agency

No 779/2006

Commission Regulation of 24 May 2006 amending Regulation (EC) No 488/2005 on the fees and charges levied by the European Aviation Safety Agency.

No 593/2007

Commission Regulation of 31 May 2007 repealing Regulation (EC) No 488/2005 on the fees and charges levied by the European Aviation Safety Agency.

As referred to in Article 14(2) of that Regulation, Regulation (EC) No 488/2005 shall continue to apply with respect to any fees and charges that are outside the scope of application of this Regulation accordance with Article 14(1) of Regulation 593/2007.

No 2111/2005

Regulation of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC.

No 473/2006

Commission Regulation of 22 March 2006 laying down implementing rules for the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council.

This Regulation shall apply as long as it is in force in the EU.

4. Aviation Security

No 2320/2002

Regulation of the European Parliament and of the Council of 16 December 2002 establishing common rules in the field of civil aviation security (Articles 1-8, and 10-13), as last amended by:

—	Regulation (EC) No 849/2004 of the European Parliament and of the Council of 29 April 2004.

No 622/2003

Commission Regulation of 4 April 2003 laying down measures for the implementation of the common basic standards on aviation security, as last amended by:

—	Commission Regulation (EC) No 68/2004 of 15 January 2004,

—	Commission Regulation (EC) No 781/2005 of 24 May 2005 (Articles 1-2),

—	Commission Regulation (EC) No 857/2005 of 6 June 2005 (Articles 1-2),

—	Commission Regulation No 831/2006 of 2 June 2006,

—	Commission Regulation (EC) No 1448/2006 of 29 September 2006,

—	Commission Regulation (EC) No 1546/2006 of 4 October 2006,

—	Commission Regulation (EC) No 1862/2006 of 15 December 2006,

—	Commission Regulation (EC) No 65/2006 of 13 January 2006,

—	Commission Regulation (EC) No 240/2006 of 10 February 2006,

—	Commission Regulation (EC) No 437/2007 of 20 April 2007.

No 1217/2003

Commission Regulation of 4 July 2003 laying down common specifications for national civil aviation security quality control programmes.

No 1486/2003

Commission Regulation of 22 August 2003 laying down procedures for conducting Commission inspections in the field of civil aviation security.

(Articles 1-13, and 15-18)

No 1138/2004

Commission Regulation of 21 June 2004 establishing a common definition of critical parts of security restricted areas of airports.

5. Air traffic management

No 549/2004

Regulation of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the Single European Sky (the Framework Regulation).

The Commission shall enjoy in Switzerland the powers granted to it pursuant to Articles 6, 8(1), 10, 11 and 12.

Notwithstanding the horizontal adjustment referred to in the first indent of the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport, the references to the ‘Member States’ made in Article 5 of Regulation (EC) No 549/2004 or in the provisions of Decision 1999/468/EC mentioned in that provision shall not be understood to apply to Switzerland.

—	Committee established by Regulation (EC) No 549/2004 (Single Sky Committee).

No 550/2004

Regulation of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the Single European Sky (the Service Provision Regulation).

The Commission shall enjoy towards Switzerland the powers granted to it pursuant to Article 16, as amended below.

The provisions of the Regulation shall, for the purposes of the Agreement, be amended as follows:

(a)	Article 3 shall be amended as follows: In paragraph 2, the words ‘and Switzerland’ shall be inserted after the words ‘the Community’.

(b)	Article 7 is amended as follows: In paragraph 1 and paragraph 6, the words ‘and Switzerland’ shall be inserted after the words ‘the Community’.

(c)	Article 8 is amended as follows: In paragraph 1, the words ‘and Switzerland’ shall be inserted after the words ‘the Community’.

(d)	Article 10 is amended as follows: In paragraph 1, the words ‘and Switzerland’ shall be inserted after the words ‘the Community’.

(e)	Article 16(3) is replaced by the following: The Commission shall address its decision to the Member States and inform the service provider thereof, in so far as it is legally concerned.

No 551/2004

Regulation of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the Single European Sky (the Airspace Regulation).

The Commission shall enjoy in Switzerland the powers granted to it pursuant to Articles 2, 3(5) and 10.

No 552/2004

Regulation of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network (the Interoperability Regulation).

The Commission shall enjoy in Switzerland the powers granted to it pursuant to Articles 4, 7 and 10(3).

The provisions of the Regulation shall, for the purposes of the Agreement, be amended as follows:

(a)	Article 5 is amended as follows: In paragraph 2, the words ‘or Switzerland’ shall be inserted after the words ‘the Community’.

(b)	Article 7 is amended as follows: In paragraph 4, the words ‘or Switzerland’ shall be inserted after the words ‘the Community’.

(c)	Annex III shall be amended as follows: In section 3, second and last indents, the words ‘or Switzerland’ shall be inserted after the words ‘the Community’.

No 2096/2005

Commission Regulation of 20 December 2005 laying down common requirements for the provision of air navigation services (Text with EEA relevance).

The Commission shall enjoy in Switzerland the powers granted to it pursuant to Article 9.

No 2150/2005

Commission Regulation of 23 December laying down common rules for the flexible use of airspace.

No 2006/23

Directive of the European Parliament and of the Council of 5 April 2006 on a Community air traffic controller licence.

No 730/2006

Commission Regulation of 11 May 2006 on airspace classification and access of flights operated under visual flight rules above flight level 195.

No 1033/2006

Commission Regulation of 4 July 2006 laying down the requirements on procedures for flight plans in the pre-flight phase for the Single European Sky.

No 1032/2006

Commission Regulation of 6 July 2006 laying down requirements for automatic systems for the exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units.

No 1794/2006

Commission Regulation of 6 December 2006 laying down a common charging scheme for air navigation services.

No 219/2007

Council Regulation of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR).

No 633/2007

Commission Regulation of 7 June 2007 laying down requirements for the application of a flight message transfer protocol used for the purpose of notification, coordination and transfer of flights between air traffic control units.

6. Environment and noise

No 2002/30

Directive of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports

(Articles 1-12, and 14-18).

(The amendments to Annex I, arising from Annex II, Chapter 8 (Transport policy), Section G (Air transport), point 2 of the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, shall apply).

No 80/51

Council Directive of 20 December 1979 on the limitation of noise emissions from subsonic aircraft (Articles 1-9), as last amended by:

—	Directive No 83/206/EEC.

No 89/629

Council Directive of 4 December 1989 on the limitation of noise emissions from civil subsonic jet aeroplanes.

(Articles 1-8)

No 92/14

Council Directive of 2 March 1992 on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume I, of Annex 16 to the Convention of International Civil Aviation, second edition (1988).

(Articles 1-11)

7. Consumer protection

No 90/314

Council Directive of 13 June 1990 on package travel, package holidays and package tours.

(Articles 1-10)

No 93/13

Council Directive of 5 April 1993 on unfair terms in consumer contracts.

(Articles 1-11)

No 2299/89

Council Regulation of 24 July 1989 on a code of conduct for computerised reservation systems (Articles 1-22), as last amended by:

—	Council Regulation No 3089/93,

—	Council Regulation No 323/1999 of 8 February 1999.

No 261/2004

Regulation of the Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation No 295/91.

(Articles 1-18)

8. Miscellaneous

No 2003/96

Council Directive of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity.

(Article 14(1)(b), and Article 14(2))

Annexes:

A:	Protocol on the Privileges and Immunities of the European Communities

B:	Provisions on financial control by the Community as regards Swiss participants in activities of the EASA

C:	Council Declaration related to Swiss participation in Community Committees.

(1) OJ L 243, 27.9.2003, p. 6.

ANNEX A

PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES

THE HIGH CONTRACTING PARTIES,

CONSIDERING that, in accordance with Article 28 of the Treaty establishing a Single Council and a Single Commission of the European Communities, these Communities and the European Investment Bank shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of their tasks,

HAVE AGREED upon the following provisions, which shall be annexed to this Treaty.

CHAPTER I

PROPERTY, FUNDS, ASSETS AND OPERATIONS OF THE EUROPEAN COMMUNITIES

Article 1

The premises and buildings of the Communities shall be inviolable. They shall be exempt from search, requisition, confiscation or expropriation.

The property and assets of the Communities shall not be the subject of any administrative or legal measure of constraint without the authorisation of the Court of Justice.

Article 2

The archives of the Communities shall be inviolable.

Article 3

The Communities, their assets, revenues and other property shall be exempt from all direct taxes.

The governments of the Member States shall, wherever possible, take the appropriate measures to remit or refund the amount of indirect taxes or sales taxes included in the price of movable or immovable property, where the Communities make, for their official use, substantial purchases the price of which includes taxes of this kind. These provisions shall not be applied, however, so as to have the effect of distorting competition within the Communities.

No exemption shall be granted in respect of taxes and dues which amount merely to charges for public utility services.

Article 4

The Communities shall be exempt from all customs duties, prohibitions and restrictions on imports and exports in respect of articles intended for their official use; articles so imported shall not be disposed of, whether or not in return for payment, in the territory of the country into which they have been imported, except under conditions approved by the government of that country.

The Communities shall also be exempt from any customs duties and any prohibitions and restrictions on import and exports in respect of their publications.

Article 5

The European Coal and Steel Community may hold currency of any kind and operate accounts in any currency.

CHAPTER II

COMMUNICATIONS AND LAISSEZ-PASSER

Article 6

For their official communications and the transmission of all their documents, the institutions of the Communities shall enjoy in the territory of each Member State the treatment accorded by that State to diplomatic missions.

Official correspondence and other official communications of the institutions of the Communities shall not be subject to censorship.

Article 7

1. Laissez-passer in a form to be prescribed by the Council, which shall be recognised as valid travel documents by the authorities of the Member States, may be issued to members and servants of the institutions of the Communities by the Presidents of these institutions. These laissez-passer shall be issued to officials and other servants under conditions laid down in the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the Communities.

The Commission may conclude agreements for these laissez-passer to be recognised as valid travel documents within the territory of non-member countries.

2. The provisions of Article 6 of the Protocol on the Privileges and Immunities of the European Coal and Steel Community shall, however, remain applicable to members and servants of the institutions who are at the date of entry into force of this Treaty in possession of the laissez-passer provided for in that Article, until the provisions of paragraph 1 of this Article are applied.

CHAPTER III

MEMBERS OF THE EUROPEAN PARLIAMENT

Article 8

No administrative or other restriction shall be imposed on the free movement of Members of the European Parliament travelling to or from the place of meeting of the European Parliament.

Members of the European Parliament shall, in respect of customs and exchange control, be accorded:

(a)	by their own government, the same facilities as those accorded to senior officials travelling abroad on temporary official missions;

(b)	by the governments of other Member States, the same facilities as those accorded to representatives of foreign governments on temporary official missions.

Article 9

Members of the European Parliament shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties.

Article 10

During the sessions of the European Parliament, its Members shall enjoy:

(a)	in the territory of their own State, the immunities accorded to members of their parliament;

(b)	in the territory of any other Member State, immunity from any measure of detention and from legal proceedings.

Immunity shall likewise apply to Members while they are travelling to and from the place of meeting of the European Parliament.

Immunity cannot be claimed when a Member is found in the act of committing an offence and shall not prevent the European Parliament from exercising its right to waive the immunity of one of its Members.

CHAPTER IV

REPRESENTATIVES OF MEMBER STATES TAKING PART IN THE WORK OF THE INSTITUTIONS OF THE EUROPEAN COMMUNITIES

Article 11

Representatives of Member States taking part in the work of the institutions of the Communities, their advisers and technical experts shall, in the performance of their duties and during their travel to and from the place of meeting, enjoy the customary privileges, immunities and facilities.

This Article shall also apply to members of the advisory bodies of the Communities.

CHAPTER V

OFFICIALS AND OTHER SERVANTS OF THE EUROPEAN COMMUNITIES

Article 12

In the territory of each Member State and whatever their nationality, officials and other servants of the Communities shall:

(a)

subject to the provisions of the Treaties relating, on the one hand, to the rules on the liability of officials and other servants towards the Communities and, on the other hand, to the jurisdiction of the Court in disputes between the Communities and their officials and other servants, be immune from legal proceedings in respect of acts performed by them in their official capacity, including their words spoken or written. After they have ceased to hold office, they shall continue to enjoy this immunity.

(b)	together with their spouses and dependent members of their families, not be subject to immigration restrictions or to formalities for the registration of aliens;

(c)	in respect of currency or exchange regulations, be accorded the same facilities as are customarily accorded to officials of international organisations;

(d)

enjoy the right to import free of duty their furniture and effects at the time of first taking up their post in the country concerned, and the right to re-export free of duty their furniture and effects, on termination of their duties in that country, subject in either case to the conditions considered to be necessary by the government of the country in which this right is exercised;

(e)

have the right to import free of duty a motor car for their personal use, acquired either in the country of their last residence or in the country of which they are nationals on the terms ruling in the home market in that country, and to re-export it free of duty, subject in either case to the conditions considered to be necessary by the government of the country concerned.

Article 13

Officials and other servants of the Communities shall be liable to a tax for the benefit of the Communities on salaries, wages and emoluments paid to them by the Communities, in accordance with the conditions and procedure laid down by the Council, acting on a proposal from the Commission.

They shall be exempt from national taxes on salaries, wages and emoluments paid by the Communities.

Article 14

In the application of income tax, wealth tax and death duties and in the application of conventions on the avoidance of double taxation concluded between Member States of the Communities, officials and other servants of the Communities who, solely by reason of the performance of their duties in the service of the Communities, establish their residence in the territory of a Member State other than their country of domicile for tax purposes at the time of entering the service of the Communities, shall be considered, both in the country of their actual residence and in the country of domicile for tax purposes, as having maintained their domicile in the latter country provided that it is a member of the Communities. This provision shall also apply to a spouse, to the extent that the latter is not separately engaged in a gainful occupation, and to children dependent on and in the care of the persons referred to in this Article.

Movable property belonging to persons referred to in the preceding paragraph and situated in the territory of the country where they are staying shall be exempt from death duties in that country; such property shall, for the assessment of such duty, be considered as being in the country of domicile for tax purposes, subject to the rights of third countries and to the possible application of provisions of international conventions on double taxation.

Any domicile acquired solely by reason of the performance of duties in the service of other international organisations shall not be taken into consideration in applying the provisions of this Article.

Article 15

The Council shall, acting unanimously on a proposal from the Commission, lay down the scheme of social security benefits for officials and other servants of the Communities.

Article 16

The Council shall, acting on a proposal from the Commission and after consulting the other institutions concerned, determine the categories of officials and other servants of the Communities to whom the provisions of Article 12, the second paragraph of Article 13, and Article 14 shall apply, in whole or in part.

The names, grades and addresses of officials and other servants included in such categories shall be communicated periodically to the governments of the Member States.

CHAPTER VI

PRIVILEGES AND IMMUNITIES OF MISSIONS OF THIRD COUNTRIES ACCREDITED TO THE EUROPEAN COMMUNITIES

Article 17

The Member State in whose territory the Communities have their seat shall accord the customary diplomatic immunities and privileges to missions of third countries accredited to the Communities.

CHAPTER VII

GENERAL PROVISIONS

Article 18

Privileges, immunities and facilities shall be accorded to officials and other servants of the Communities solely in the interests of the Communities.

Each institution of the Communities shall be required to waive the immunity accorded to an official or other servant wherever that institution considers that the waiver of such immunity is not contrary to the interests of the Communities.

Article 19

The institutions of the Communities shall, for the purpose of applying this Protocol, cooperate with the responsible authorities of the Member States concerned.

Article 20

Articles 12 to 15 and Article 18 shall apply to Members of the Commission.

Article 21

Articles 12 to 15 and Article 18 shall apply to the Judges, the Advocates-General, the Registrar and the Assistant Rapporteurs of the Court of Justice, without prejudice to the provisions of Article 3 of the Protocols on the Statute of the Court of Justice concerning immunity from legal proceedings of Judges and Advocates-General.

Article 22

This Protocol shall also apply to the European Investment Bank, to the members of its organs, to its staff and to the representatives of the Member States taking part in its activities, without prejudice to the provisions of the Protocol on the Statute of the Bank.

The European Investment Bank shall in addition be exempt from any form of taxation or imposition of a like nature on the occasion of any increase in its capital and from the various formalities which may be connected therewith in the State where the Bank has its seat. Similarly, its dissolution or liquidation shall not give rise to any imposition. Finally, the activities of the Bank and of its organs carried on in accordance with its Statute shall not be subject to any turnover tax.

Article 23

This Protocol shall also apply to the European Central Bank, to the members of its organs and to its staff, without prejudice to the provisions of the Protocol on the Statute of the European System of Central Banks and the European Central Bank.

The European Investment Bank shall in addition be exempt from any form of taxation or imposition of a like nature on the occasion of any increase in its capital and from the various formalities which may be connected therewith in the State where the Bank has its seat. The activities of the Bank and of its organs carried on in accordance with the Statute of the European System of Central Banks and of the European Central Bank shall not be subject to any turnover tax.

The above provisions shall also apply to the European Monetary Institute. Similarly, its dissolution or liquidation shall not give rise to any imposition.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol.

Done at Brussels this eighth day of April in the year one thousand nine hundred and sixty-five.

APPENDIX

PROCEDURES FOR THE APPLICATION IN SWITZERLAND OF THE PROTOCOL ON PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES

1. Extension of application to Switzerland

Wherever the Protocol on the privileges and immunities of the European Communities (hereinafter called ’the Protocol’) contains references to Member States, the references are to be understood to apply equally to Switzerland, unless the following provisions determine otherwise.

2. Exemption of the Agency from indirect taxation (including VAT)

Goods and services exported from Switzerland are not to be subject to Swiss value added tax (VAT). In the case of goods and services provided to the Agency in Switzerland for its official use, in accordance with the second paragraph of Article 3 of the Protocol, exemption from VAT is by way of refund. Exemption from VAT shall be granted if the actual purchase price of the goods and services mentioned in the invoice or equivalent document totals at least 100 Swiss francs (inclusive of tax).

The VAT refund is to be granted on presentation to the Federal Tax Administration's VAT Main Division of the Swiss forms provided for the purpose. As a rule, refund applications must be processed within the three months following the date on which they were lodged together with the necessary supporting documents.

3. Procedures for the application of the rules relating to the Agency's staff

As regards the second paragraph of Article 13 of the Protocol, Switzerland shall exempt, according to the principles of its national law, officials and other servants of the Agency within the meaning of Article 2 of Regulation (Euratom, ECSC, EEC) No 549/69 (1) from federal, cantonal and communal taxes on salaries, wages and emoluments paid to them by the Community and subject to an internal tax for its own benefit.

Switzerland shall not be considered as a Member State within the meaning of point 1 above for the application of Article 14 of the Protocol.

Officials and other servants of the Agency and members of their families who are members of the social insurance system applicable to officials and other servants of the Community are not obliged to be members of the Swiss social security system.

The Court of Justice of the European Communities shall have exclusive jurisdiction in any matters concerning relations between the Agency or the Commission and its staff with regard to the application of Council Regulation (EEC, Euratom, ECSC) No 259/68 (2) and the other provisions of Community law laying down working conditions.

(1) Regulation (Euratom, ECSC, EEC) No 549/69 of the Council of 25 March 1969 determining the categories of officials and other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the Privileges and Immunities of the Communities apply (OJ L 74, 27.3.1969, p. 1). Regulation last amended by Commission Regulation (EC) No 1749/2002 (OJ L 264, 2.10.2002, p. 13).

(2) Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (Conditions of Employment of Other Servants) (OJ L 56, 4.3.1968, p. 1). Regulation last amended by Commission Regulation (EC) No 2104/2005 (OJ L 337, 22.12.2005, p. 7).

ANNEX B

FINANCIAL CONTROL AS REGARDS SWISS PARTICIPANTS IN ACTIVITIES OF THE EUROPEAN AVIATION AGREEMENT

Article 1

Direct communication

The Agency and the Commission shall communicate directly with all persons or entities established in Switzerland and participating in activities of the Agency, as contractors, participants in Agency programmes, recipients of payments from the Agency or the Community budget, or subcontractors. Such persons may send directly to the Commission and to the Agency all relevant information and documentation which they are required to submit on the basis of the instruments referred to in this Decision and of contracts or agreements concluded and any decisions taken pursuant to them.

Article 2

Checks

1. In accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) and the Financial Regulation adopted by the Management Board of the Agency on 26 March 2003, with Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and with the other instruments referred to in this Decision, contracts or agreements concluded and decisions taken with beneficiaries established in Switzerland may provide for scientific, financial, technological or other audits to be conducted at any time on the premises of the beneficiaries and of their subcontractors by Agency and Commission officials or by other persons mandated by the Agency and the Commission.

2. Agency and Commission officials and other persons mandated by the Agency and the Commission shall have appropriate access to sites, works and documents and to all the information required in order to carry out such audits, including in electronic form. This right of access shall be stated explicitly in the contracts or agreements concluded to implement the instruments referred to in this Decision.

3. The Court of Auditors of the European Communities is to have the same rights as the Commission.

4. The audits may take place until five years after the expiry of this Decision or under the terms of the contracts or agreements concluded and the decisions taken.

5. The Swiss Federal Audit Office is to be informed in advance of audits conducted on Swiss territory. This information will not be a legal condition for carrying out such audits.

Article 3

On-the-spot checks

1. Under this Agreement, the Commission (OLAF) is authorised to carry out on-the-spot checks and inspections on Swiss territory, under the terms and conditions set out in Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (3).

2. On-the-spot checks and inspections shall be prepared and conducted by the Commission in close cooperation with the Swiss Federal Audit Office or with other competent Swiss authorities appointed by the Swiss Federal Audit Office, which shall be notified in good time of the object, purpose and legal basis of the checks and inspections, so that they can provide all the requisite help. To that end, the officials of the competent Swiss authorities may participate in the on-the-spot checks and inspections.

3. If the Swiss competent authorities concerned so wish, the on-the-spot checks and inspections may be carried out jointly by the Commission and the Swiss competent authorities.

4. Where the participants in the programme resist an on-the-spot check or inspection, the Swiss authorities, acting in accordance with national rules, shall give the Commission inspectors such assistance as they need to allow them to discharge their duty in carrying out an on-the-spot check or inspection.

5. The Commission shall report as soon as possible to the Swiss Federal Audit Office any fact or suspicion relating to an irregularity which has come to its notice in the course of the on-the-spot check or inspection. In any event the Commission is required to inform the aforementioned authority of the result of such checks and inspections.

Article 4

Information and consultation

1. For the purposes of proper implementation of this Annex, the competent Swiss and Community authorities shall exchange information regularly and, at the request of one of the Parties, shall conduct consultations.

2. The competent Swiss authorities shall inform the Agency and the Commission without delay of any fact or suspicion which has come to their notice relating to an irregularity in connection with the conclusion and implementation of the contracts or agreements concluded in application of the instruments referred to in this Decision.

Article 5

Confidentiality

Information communicated or acquired in any form whatsoever pursuant to this Annex will be covered by professional confidentiality and protected in the same way as similar information is protected by the national legislation of Switzerland and by the corresponding provisions applicable to the Community institutions. Such information shall not be communicated to persons other than those within the Community institutions, in the Member States, or in Switzerland whose functions require them to know it, nor may it be used for purposes other than to ensure effective protection of the financial interests of the Contracting Parties.

Article 6

Administrative measures and penalties

Without prejudice to application of Swiss criminal law, administrative measures and penalties may be imposed by the Agency or the Commission in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 and with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests (4).

Article 7

Recovery and enforcement

Decisions taken by the Agency or the Commission within the scope of this Decision which impose a pecuniary obligation on persons other than States shall be enforceable in Switzerland.

The enforcement order must be issued, without any further control than verification of the authenticity of the act, by the authority designated by the Swiss government, which must inform the Agency or the Commission thereof. Enforcement must take place in accordance with the Swiss rules of procedure. The legality of the enforcement decision is subject to control by the Court of Justice of the European Communities.

Judgments given by the Court of Justice of the European Communities pursuant to an arbitration clause are enforceable on the same terms.

(1) OJ L 248, 16.9.2002, p. 1.

(2) OJ L 357, 31.12.2002, p. 72.

(3) OJ L 292, 15.11.1996, p. 2.

(4) OJ L 312, 23.12.1995, p. 1.

ANNEX C

DECLARATION OF THE COUNCIL CONCERNING ATTENDANCE OF SWITZERLAND ON THE COMMITTEES

—

The Council of the European Union accepts that the declaration on Swiss attendance of committees annexed to the final act of the Agreement between the European Community and the Swiss Confederation on Air Transport shall contain an additional indent:

‘—	The Committee established under Regulation (EC) No 549/2004 (the single sky committee)’

—

‘—	The Committee established under Regulation (EC) No 1592/2002’.

15.5.2008

Official Journal of the European Union

L 127/84

COUNCIL COMMON POSITION 2008/369/CFSP

of 14 May 2008

concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2005/440/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

(1)	Following the adoption by the United Nations Security Council on 18 April 2005 of Resolution 1596 (2005) (UNSCR 1596 (2005)), the Council adopted Common Position 2005/440/CFSP of 13 June 2005 concerning restrictive measures against the Democratic Republic of the Congo (1).

(2)

On 31 March 2008, the United Nations Security Council adopted Resolution 1807 (2008) (UNSCR 1807 (2008)) providing for new exemptions to the restrictive measures regarding the arms embargo, asset freeze and travel ban, listing the criteria for designation by the Sanctions Committee established pursuant to United Nations Security Council Resolution 1533 (2004) (UNSCR 1533 (2004)) of individuals and entities subject to an asset freeze and travel ban, and extending the measures until 31 December 2008.

(3)	For the sake of clarity, the measures imposed by Common Position 2005/440/CFSP and those to be imposed pursuant to UNSCR 1807 (2008) should be integrated into a single legal instrument.

(4)	Common Position 2005/440/CFSP should therefore be repealed.

(5)	Action by the Community is needed in order to implement certain measures,

HAS ADOPTED THIS COMMON POSITION:

Article 1

1. The direct or indirect supply, sale or transfer of arms and any related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned to all non-governmental entities and individuals operating in the territory of the Democratic Republic of the Congo (DRC) by nationals of Member States or from the territories of Member States, or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories.

2. It shall also be prohibited to:

(a)

grant, sell, supply or transfer technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, directly or indirectly to all non-governmental entities and individuals operating in the territory of the DRC;

(b)

provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of arms and related materiel, or for any grant, sale, supply, or transfer of related technical assistance, brokering services and other services, directly or indirectly to all non-governmental entities and individuals operating in the territory of the DRC.

Article 2

1. Article 1 shall not apply to:

(a)	the supply, sale or transfer of arms and any related materiel or the provision of technical assistance, financing, brokering services and other services related to arms and related materiel intended solely for support of, or use by, the United Nations Organisation Mission in the DRC (MONUC);

(b)	the supply, sale or transfer of protective clothing, including flak jackets and military helmets, temporarily exported to the DRC by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;

(c)	the supply, sale or transfer of non-lethal military equipment intended solely for humanitarian or protective use, or the provision of technical assistance and training, related to such non-lethal equipment.

2. The supply, sale or transfer of arms and any related materiel or the provision of services or technical assistance and training referred to in paragraph 1 shall be subject to prior authorisation by the competent authorities of the Member States.

3. Member States shall give the Sanctions Committee established pursuant to UNSCR 1533 (2004) (Sanctions Committee) advance notification of any shipment of arms and related materiel for the DRC, or any provision of technical assistance, financing, brokering services and other services related to military activities in the DRC, other than those referred to in paragraphs 1(a) and (b). Such notification shall contain all relevant information, including, where appropriate, the end-user, the proposed date of delivery and the itinerary of shipments.

4. Member States shall consider deliveries under paragraph 1 on a case-by-case basis, taking full account of the criteria set out in the European Union Code of Conduct on Arms Exports. Member States shall require adequate safeguards against misuse of authorisations granted pursuant to paragraph 2 and, where appropriate, make provisions for repatriation of the arms delivered and related materiel.

Article 3

Restrictive measures as provided for in Articles 4(1) and 5(1) and (2) shall be imposed against the following persons and, as appropriate, entities, designated by the Sanctions Committee:

—	persons or entities acting in violation of the arms embargo and related measures as referred to in Article 1,

—	political and military leaders of foreign armed groups operating in the DRC who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups,

—	political and military leaders of Congolese militias receiving support from outside the DRC, who impede the participation of their combatants in disarmament, demobilisation and reintegration processes,

—	political and military leaders operating in the DRC and recruiting or using children in armed conflicts in violation of applicable international law,

—	individuals operating in the DRC and committing serious violations of international law involving the targeting of children or women in situations of armed conflict, including killing and maiming, sexual violence, abduction and forced displacement.

The relevant persons and entities are listed in the Annex.

Article 4

1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons referred to in Article 3.

2. Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.

3. Paragraph 1 shall not apply where the Sanctions Committee:

(a)	determines in advance and on a case-by-case basis that such entry or transit is justified on the grounds of humanitarian need, including religious obligation;

(b)	concludes that an exemption would further the objectives of relevant Resolutions of the Security Council, that is to say peace and national reconciliation in the DRC and stability in the region;

(c)	authorises in advance and on a case-by-case basis, the transit of individuals returning to the territory of the State of their nationality, or participating in efforts to bring to justice perpetrators of grave violations of human rights or international humanitarian law.

4. In cases where, pursuant to paragraph 3, a Member State authorises the entry into, or transit through, its territory of persons designated by the Sanctions Committee, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.

Article 5

1. All funds, other financial assets and economic resources owned or controlled directly or indirectly by the persons or entities referred to in Article 3 or held by entities owned or controlled directly or indirectly by them or by any persons or entities acting on their behalf or at their direction, as identified in the Annex, shall be frozen.

2. No funds, other financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of the persons or entities referred to in paragraph 1.

3. Member States may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds, other financial assets and economic resources which are:

(a)	necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b)	intended exclusively for the payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;

(c)	intended exclusively for the payment of fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, or other financial assets and economic resources;

(d)	necessary for extraordinary expenses, after notification by the Member State concerned to, and approval by, the Sanctions Committee;

(e)

the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered before designation by the Sanctions Committee of the person or entity concerned, and is not for the benefit of a person or entity referred to in Article 3, after notification by the Member State concerned to the Sanctions Committee.

4. The exemptions referred to in paragraph 3(a), (b) and (c) may be made after notification to the Sanctions Committee by the Member State concerned of its intention to authorise, where appropriate, access to such funds, other financial assets and economic resources, and in the absence of a negative decision by the Sanctions Committee within four working days of such notification.

5. Paragraph 2 shall not apply to the addition to frozen accounts of:

(a)	interest or other earnings on those accounts; or

(b)	payments due under contracts, agreements or obligations that were concluded or arose before the date on which those accounts became subject to restrictive measures,

provided that any such interest, other earnings and payments remain subject to paragraph 1.

Article 6

The Council shall establish the list contained in the Annex and amend it as determined by the Sanctions Committee.

Article 7

This Common Position shall take effect on the date of its adoption.

Article 8

This Common Position shall be reviewed, amended or repealed as appropriate, as determined by the United Nations Security Council.

Article 9

Common Position 2005/440/CFSP is hereby repealed.

Article 10

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 14 May 2008.

For the Council

The President

A. BAJUK

(1) OJ L 152, 15.6.2005, p. 22. Common Position as last amended by Common Position 2008/179/CFSP (OJ L 57, 1.3.2008, p. 37).

ANNEX

a) List of persons referred to in Articles 3, 4 and 5

Surname

First Name

Alias

Sex

Title, function

Address

(No, street, postal code, town, country)

Date of birth

Place of birth

(town, country)

Passport or ID Number

(including country that issued and date and place of issue)

Nationality

Date of designation

Other information

BWAMBALE

Frank Kakolele

Frank Kakorere, Frank Kakorere Bwambale

1.11.2005

Former DRC-ML leader, exercising influence over policies and maintaining command and control over the activities of DRC-ML forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo.

KAKWAVU BUKANDE

Jérôme

Jérôme Kakwavu

Congolese

1.11.2005

Known as: ‘Commandant Jérôme’. Former president of UCD/FAPC. FAPC’s control of illegal border posts between Uganda and the DRC — a key transit route for arms flows. As president of the FAPC, he exercises influence over policies and maintains command and control over the activities of FAPC forces, which have been involved in arms trafficking and, consequently, in violations of the arms embargo. Given the rank of General in the FARDC in December 2004.

KATANGA

Germain

Congolese

1.11.2005

Under house arrest in Kinshasa from March 2005 for FRPI involvement in human rights abuses. Surrendered by the Government of the DRC to the International Criminal Court on 18 October 2007. FRPI chief. Appointed General in the FARDC in December 2004. Involved in weapons transfers, in violation of the arms embargo.

KAMBALE

Kisoni

Dr Kisoni, Kidubai, Kambale KISONI

24.5.1961

Mulashe, DRC

C0323172

Congolese

29.3.2007

Gold trader, owner of Butembo Airlines and Congocom Trading House in Butembo. Deceased on 5 July 2007 in Butembo, DRC. Kisoni participated in militia financing through gold trading (buying from the FNI and selling to Uganda Commercial Impex (UCI Ltd) and smuggling across the DRC/Uganda border. Kisoni’s support of an illegal armed group (FNI) through a personal commercial relationship with NJABU (an individual already subject to sanctions under Resolution 1596 (2005)) is in breach of the arms embargo of Resolutions 1493 (2003) and 596 (2005).

LUBANGA

Thomas

Ituri

Congolese

1.11.2005

Arrested in Kinshasa from March 2005 for UPC/L involvement in human rights abuses violations. President of the UPC/L, one of the armed groups and militias referred to in paragraph 20 of Resolution 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo.

MANDRO

Khawa Panga

Kawa Panga, Kawa Panga Mandro, Kawa Mandro, Yves Andoul Karim, Mandro Panga Kahwa, Yves Khawa Panga Mandro

20.8.1973

Bunia

Congolese

1.11.2005

Known as: ‘Chief Kahwa’, ‘Kawa’. Ex-president of PUSIC, one of the armed groups and militia referred to in paragraph 20 of Resolution 1493 (2003) involved in arms trafficking, in violation of the arms embargo. In prison in Bunia since 04/05 for sabotage of the Ituri peace process.

MPAMO

Iruta Douglas

Mpano, Douglas Iruta Mpamo

Bld Kanyamuhanga 52, Goma

28.12.1965/29.12.1965

Bashali, Masisi/Goma, DRC

(formerly Zaire)

Congolese

1.11.2005

Based in Goma. Owner/manager of the Compagnie Aérienne des Grands Lacs and of Great Lakes Business Company, whose aircraft were used to provide assistance to armed groups and militias referred to in paragraph 20 of Res. 1493 (2003). Also responsible for disguising information on flights and cargo apparently to allow for the violation of the arms embargo.

MUDACUMURA

Sylvestre

Rwandan

1.11.2005

Known as: ‘Radja’, ‘Mupenzi Bernard’, ‘General Major Mupenzi’. FDLR Commander on the ground, exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in trafficking of arms, in violation of the arms embargo.

MURWANASHY-AKA

Dr Ignace

Ignace

14.5.1963

Butera (Rwanda)/Ngoma, Butare (Rwanda)

Rwandan

1.11.2005

Resident in Germany. President of FDLR, exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in trafficking of arms, in violation of the arms embargo.

10.

MUSONI

Straton

IO Musoni

6.4.1961

(possibly 4.6.1961)

Mugambazi, Kigali, Rwanda

Rwandan passport expired on 10.9.2004

29.3.2007

Resident in Neuffen, Germany. 1st Vice President of Forces Démocratiques de Libération du Rwanda (FDLR) in Europe. Through his leadership of the FDLR, a foreign armed group operating in the DRC, Musoni is impeding the disarmament and voluntary repatriation or resettlement of combatants belonging to those groups, in breach of Resolution 1649 (2005).

11.

MUTEBUTSI

Jules

Jules Mutebusi, Jules Mutebuzi

South Kivu

Congolese

(South Kivu)

1.11.2005

Currently detained in Rwanda. Known as: ‘Colonel Mutebutsi’. Former FARDC Deputy Military Regional Commander of 10th MR in April 2004, dismissed for indiscipline and joined forces with other renegade elements of former RCD-G to take town of Bukavu in May 2004 by force. Implicated in the receipt of weapons outside of FARDC structures and provision of supplies to armed groups and militia mentioned in paragraph 20 of Res. 1493 (2003), in violation of the arms embargo.

12.

NGUDJOLO

Matthieu Cui

Cui Ngudjolo

1.11.2005

‘Colonel’ or ‘General’. FNI Chief of Staff and former Chief of Staff of the FRPI, exercising influence over policies and maintaining command and control the activities of FRPI forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo. Arrested by MONUC in Bunia in October 2003.

13.

NJABU

Floribert Ngabu

Floribert Njabu, Floribert Ndjabu, Floribert Ngabu Ndjabu

1.11.2005

Arrested and placed under house arrest in Kinshasa from March 2005 for FNI involvement in human rights abuses. President of FNI, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo.

14.

NKUNDA

Laurent

Laurent Nkunda Bwatare, Laurent Nkundabatware, Laurent Nkunda Mahoro Batware, Laurant Nkunda Batware

6.2.1967/2.2.1967

North Kivu/Rutshuru

Congolese

1.11.2005

Currently unlocated. Sightings in Rwanda and Goma. Known as: ‘General Nkunda’. Former RCD-G General. Joined forces with other renegade elements of former RCD-G to take Bukavu in May 04 by force. In receipt of weapons outside of FARDC in violation of the arms embargo. Founder, National Congress for the People’s Defense, 2006; Senior Officer, Rally for Congolese Democracy-Goma (RCD-G), 1998-2006; Officer Rwandan Patriotic Front (RPF), 1992-1998.

15.

NYAKUNI

James

Ugandan

1.11.2005

Trade partnership with ‘Commandant Jérôme’, particularly smuggling across the DRC/Uganda border, including suspected smuggling of weapons and military material in unchecked trucks. Violation of the arms embargo and provision of assistance to armed groups and militia referred to in paragraph 20 of Res. 1493 (2003), including financial support that allows them to operate militarily.

16.

OZIA MAZIO

Dieudonné

Ozia Mazio

6.6.1949

Ariwara, DRC

Congolese

1.11.2005

Known as: ‘Omari’, ‘Mr Omari’. President of FEC in Aru territory. Financial schemes with ‘Commandant Jérôme’ and FAPC and smuggling across the DRC/Uganda border, allowing supplies and cash to be made available to ‘Commandant Jérôme’ and his troops. Violation of the arms embargo, including by providing assistance to armed groups and militia referred to in paragraph 20 of Res. 1493 (2003).

17.

TAGANDA

Bosco

Bosco Ntaganda, Bosco Ntagenda

Congolese

1.11.2005

Known as: ‘Terminator’, ‘Major’. UPC/L military commander, exercising influence over policies and maintaining command and control over the activities of UPC/L, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. He was appointed General in the FARDC in December 2004 but refused to accept the promotion, therefore remaining outside of the FARDC.

b) List of entities referred to in Articles 3, 4 and 5

Name

Alias

Address

(No, street, postal code, town, country)

Place of registration

(town, country):

Date of registration

Registration number:

Principal place of business:

Date of designation

Other information

18.

BUTEMBO AIRLINES (BAL)

Butembo, DRC

29.3.2007

Privately owned airline, operates out of Butembo. Kambale Kisoni used his airline to transport FNI gold, rations and weapons between Mongbwalu and Butembo. This constitutes ‘provision of assistance’ to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005).

19.

CONGOCOM TRADING HOUSE

Butembo, DRC

(Tel. +253 (0) 99 983 784)

29.3.2007

Gold-trading house in Butembo. CONGOCOM is owned by Kambale Kisoni. Kisoni acquires almost all the gold production in the Mongbwalu district, which is controlled by the FNI. The FNI derive substantial income from taxes imposed on this production. This constitutes ‘provision of assistance’ to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005).

20.

COMPAGNIE AERIENNE DES GRANDS LACS (CAGL), GREAT LAKES BUSINESS

CAGL, Avenue Président Mobutu, Goma DRC (CAGL also has an office in Gisenyi, Rwanda); GLBC, PO Box 315, Goma, DRC (GLBC also has an office in Gisenyi, Rwanda)

29.3.2007

CAGL and GLBC are companies owned by Douglas MPAMO, an individual already subject to sanctions under Resolution 1596 (2005). CAGL and GLBC were used to transport arms and ammunition in violation of the arms embargo of Resolutions 1493 (2003) and 1596 (2005).

21.

MACHANGA

Kampala, Uganda

29.3.2007

Gold-export company in Kampala (Director, Mr Rajua). MACHANGA bought gold through a regular commercial relationship with traders in the DRC tightly linked to militias. This constitutes ‘provision of assistance’ to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005).

22.

TOUS POUR LA PAIX ET LE DEVELOPPEMENT (NGO)

TPD

Goma, North Kivu

1.11.2005

Implicated in violation of the arms embargo, by providing assistance to RCD-G, particularly in supplying trucks to transport arms and troops, and also by transporting weapons to be distributed, to parts of the population in Masisi and Rutshuru, North Kivu, in early 2005.

23.

UGANDA COMMERCIAL IMPEC (UCI) LTD

Kajoka Street,

Kisemente Kampala, Uganda

(Tel. +256 41 533 578/9);

alternative address: PO Box 22709, Kampala, Uganda

29.3.2007

Gold-export company in Kampala. UCI bought gold through commercial relationship with traders in the DRC tightly linked to militias. This constitutes ‘provision of assistance’ to illegal armed groups in breach of the arms embargo of Resolutions 1493 (2003) and 1596 (2005).

		ISSN 1725-2555
Official Journal of the European Union		L 127

English edition	Legislation	Volume 51 15 May 2008

Contents		I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory	page
		REGULATIONS
	*	Council Regulation (EC, Euratom) No 420/2008 of 14 May 2008 adjusting with effect from 1 July 2007 the remuneration and pensions of officials and other servants of the European Communities	1
		Commission Regulation (EC) No 421/2008 of 14 May 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables	7
		Commission Regulation (EC) No 422/2008 of 14 May 2008 setting the allocation coefficient for issuing of licences applied for from 5 May to 9 May 2008 to import sugar products under tariff quotas and preferential agreements	9
	*	Commission Regulation (EC) No 423/2008 of 8 May 2008 on laying down certain detailed rules for implementing Council Regulation (EC) No 1493/1999 and establishing a Community code of oenological practices and processes (Codified version)	13

	III Acts adopted under the EU Treaty
	ACTS ADOPTED UNDER TITLE V OF THE EU TREATY
*	Council Joint Action 2008/368/CFSP of 14 May 2008 in support of the implementation of United Nations Security Council Resolution 1540 (2004) and in the framework of the implementation of the EU strategy against the proliferation of weapons of mass destruction	78
*	Council Common Position 2008/369/CFSP of 14 May 2008 concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2005/440/CFSP	84

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	MA	50,7
	TN	111,0
	TR	105,3
	ZZ	89,0
0707 00 05	EG	167,2
	JO	196,3
	MK	40,9
	TR	163,9
	ZZ	142,1
0709 90 70	TR	124,2
0709 90 70	ZZ	124,2
0805 10 20	EG	44,5
	IL	59,9
	MA	50,9
	TN	52,0
	TR	55,2
	US	49,8
	ZZ	52,1
0805 50 10	AR	151,8
	MK	58,7
	TR	147,5
	US	129,7
	ZA	131,1
	ZZ	123,8
0808 10 80	AR	93,2
	BR	80,4
	CA	95,7
	CL	91,0
	CN	87,7
	MK	65,0
	NZ	109,3
	US	116,4
	UY	76,3
	ZA	79,5
	ZZ	89,5

Serial No	Country	Week of 5.5.2008-9.5.2008: % of requested quantity to be granted	Limit
09.4331	Barbados	100
09.4332	Belize	0	Reached
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

	II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory
	ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS
	Commission
	2008/367/EC
*	Decision No 2/2007 of the Joint Community/Switzerland Air Transport Committee set up under the Agreement between the European Community and the Swiss Confederation on Air Transport of 15 December 2007 replacing the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport	58

Serial No	Type	Week of 5.5.2008-9.5.2008: % of requested quantity to be granted	Limit
09.4380	Exceptional	—
09.4390	Industrial	—

Order No	Type	Week of 5.5.2008-9.5.2008: % of requested quantity to be granted	Limit
09.4365	Bulgaria	0	Reached
09.4366	Romania	100