1.

Article 5 shall be deleted;

2.

Article 6 shall be amended as follows:

(1)

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

(2)

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

(1)

Regulation (EC) No 999/2001 lays down rules for the prevention, control and eradication of transmissible spongiform encephalopathies (TSEs) in animals. It provides that each Member State is to carry out an annual monitoring programme for TSEs based on active and passive surveillance.

(2)

Article 6(1b) of Regulation (EC) No 999/2001 provides that Member States which can demonstrate the improvement of the epidemiological situation on their territory may apply for their annual monitoring programmes to be revised.

(3)

Several Member States in which a positive trend in the epidemiological situation as regards bovine spongiform encephalopathy (BSE) has been observed, have expressed interest in having their annual BSE monitoring programme revised. In order to allow those Member States to submit to the Commission a request to revise their BSE monitoring programmes, it is necessary to lay down the criteria for demonstrating an improvement in the BSE epidemiological situation.

(4)

Those criteria are epidemiological indicators aiming to assess in a quantified manner the evolution of the BSE situation in Member States over the years.

(5)

For the sake of clarity and consistency, those criteria should be laid down in Annex III to Regulation (EC) No 999/2001.

(6)

Regulation (EC) No 999/2001 should therefore be amended accordingly.

(7)

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

(1)

Commission Regulation (EC) No 1238/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards the fees payable to the Community Plant Variety Office (2), sets out the fees payable to the Community Plant Variety Office (‘the Office’), and the levels of those fees.

(2)

The financial reserve of the Office had reached a level which exceeded the level necessary to safeguard the continuity of its operations. For this reason the annual fee and the fees relating to technical examination were reduced. The financial reserve of the Office has now decreased to an appropriate level and the revenue should therefore be raised again to a level which is sufficient for the budget of the Office to be balanced. To achieve this, the annual fee and the fees relating to technical examination should be increased.

(3)

As regards new species, the experience gathered with the fee groups for the technical examination of ornamentals, has shown that there is a need to amend some of those fee groups.

(4)

To facilitate the payment of fees and charges, payment by payment cards should be allowed subject to conditions and limitations to be determined by the President of the Office.

(5)

At the same time the terms ‘ecus’ and ‘ECU’ should be respectively replaced by the terms ‘euros’ and ‘EUR’ throughout Regulation (EC) No 1238/95.

(6)

Regulation (EC) No 1238/95 should therefore be amended accordingly.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Community Plant Variety Rights,

1.

in Article 1(2), the word ‘ecus’ is replaced by ‘euros’;

2.

in Article 3(2), points (a), (b) and (c) are replaced by the following:

3.

in Article 7(1), Article 8(1), Article 10(1), points (a), (c) and (d), Article 11(1), Article 13(3) and Article 14(2) and (4), the word ‘ECU’ is replaced by ‘EUR’;

4.

Article 9(1) is replaced by the following:

5.

Annex I to Regulation (EC) No 1238/95 is replaced by the text in the Annex to this Regulation.

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2007/08 marketing year are fixed by Commission Regulation (EC) No 1109/2007 (3). These prices and duties have been last amended by Commission Regulation (EC) No 545/2008 (4).

(2)

The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

(1)

Commission Regulation (EC) No 581/2004 of 26 March 2004 opening a standing invitation to tender for export refunds concerning certain types of butter (2) provides for a permanent tender.

(2)

Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate not to grant any refund for the tendering period ending on 17 June 2008.

(3)

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

(1)

Article 8 of Regulation (EEC) No 2771/75 provides that the difference between prices on the world market for the products listed in Article 1(1) of that regulation and prices for those products on the Community market may be covered by an export refund.

(2)

Given the present situation on the market in eggs, export refunds should therefore be fixed in accordance with the rules and certain criteria provided for in Article 8 of Regulation (EEC) No 2771/75.

(3)

Article 8(3), second subparagraph of Regulation (EEC) No 2771/75 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination.

(4)

Refunds should be granted only on products that are allowed to move freely in the Community and that comply with the requirements of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (2) and of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (3) as well as marking requirements of Council Regulation (EC) No 1028/2006 of 19 June 2006 on certain marketing standards for eggs (4).

(5)

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

(1)

Article 8(1) of Regulation (EEC) No 2777/75 provides that the difference between prices on the world market for the products listed in Article 1(1) of that Regulation and prices for those products on the Community market may be covered by an export refund.

(2)

Given the present situation on the market in poultrymeat, export refunds should therefore be fixed in accordance with the rules and criteria provided for in Article 8 of Regulation (EEC) No 2777/75.

(3)

Article 8(3), second subparagraph of Regulation (EEC) No 2777/75 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination.

(4)

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

(5)

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

(1)

Article 8(1) of Regulation (EEC) No 2771/75 provides that the difference between prices in international trade for the products listed in Article 1(1) of that Regulation and prices within the Community may be covered by an export refund where these goods are exported in the form of goods listed in the Annex to that Regulation.

(2)

Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex I to Regulation (EEC) No 2771/75.

(3)

In accordance with the second paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed.

(4)

Article 11 of the Agreement on Agriculture concluded under the Uruguay Round lays down that the export refund for a product contained in a good may not exceed the refund applicable to that product when exported without further processing.

(5)

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

(1)

Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2008.

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2008.

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

(1)

Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

(2)

On 4 June 2008, the Sanctions Committee of the United Nations Security Council decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly.

(3)

In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,

(1)

Commission Regulation (EC) No 1484/95 (4), fixes detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

(2)

It results from regular monitoring of the information providing the basis for the verification of the import prices in the poultrymeat and egg sectors and for egg albumin that the representative prices for imports of certain products should be amended taking into account variations of prices according to origin. Therefore, representative prices should be published.

(3)

It is necessary to apply this amendment as soon as possible, given the situation on the market.

(4)

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

(1)

Pursuant to Article 4(1) of the 2005 Act of Accession, Bulgaria and Romania, which acceded to the Union on 1 January 2007, are required from that date to subject nationals of third countries, which are listed in Annex I to Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (2), to a visa obligation.

(2)

According to Article 4(2) of the 2005 Act of Accession, the provisions of the Schengen acquis on the conditions and criteria for issuing uniform visas, as well as the provisions on mutual recognition of visas and on the equivalence between residence permits and visas, apply in Bulgaria and Romania only pursuant to a Council decision to that effect. However, they are binding on those Member States from the date of accession.

(3)

Bulgaria and Romania are therefore required to issue national visas for entry into or transit through their territory to third country nationals holding a uniform visa or long-stay visa or residence permit issued by a Member State fully implementing the Schengen acquis or similar document issued by Cyprus, a Member State not yet fully implementing it.

(4)

The holders of documents issued by those Member States fully implementing the Schengen acquis and similar documents issued by Cyprus do not represent any risk for Bulgaria and Romania as they have been subjected to all necessary controls by other Member States. In order to avoid imposing unjustified additional administrative burdens on Bulgaria and Romania, rules similar to the common rules introduced by Decision No 895/2006/EC of the European Parliament and of the Council of 14 June 2006 introducing a simplified regime for the control of persons at the external borders based on the unilateral recognition by the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia of certain documents as equivalent to their national visas for the purposes of transit through their territories (3) should be introduced for Bulgaria and Romania.

(5)

Common rules laid down in this Decision should authorise Bulgaria and Romania to recognise unilaterally certain documents issued by Member States fully implementing the Schengen acquis and documents listed in the Annex to Decision No 895/2006/EC issued by Cyprus, as equivalent to their national visas and to establish a simplified regime for the control of persons at the external borders based on this unilateral equivalence.

(6)

Those common rules should also enable Cyprus to recognise visas and residence permits issued by Bulgaria and Romania as equivalent to its national visas for the purpose of transit through its territory.

(7)

The simplified regime laid down in this Decision should apply for a transitional period, until the date to be determined by a Council decision as referred to in the first subparagraph of Article 3(2) of the 2003 Act of Accession in respect of Cyprus and the first subparagraph of Article 4(2) of the 2005 Act of Accession in respect of Bulgaria and Romania, subject to possible transitional provisions in respect of documents issued before that date.

(8)

The recognition of a document should be limited to the purpose of transit through the territory of Bulgaria, Cyprus and Romania. Participation in the simplified regime should be optional, without imposing on the Member States obligations additional to those laid down by the 2003 Act of Accession and the 2005 Act of Accession.

(9)

The common rules should apply to uniform visas, long-stay visas and residence permits issued by Member States fully implementing the Schengen acquis (which also include, as from 21 December 2007, the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia), similar documents issued by Cyprus as well as to short-term visas, long-stay visas and residence permits issued by Bulgaria and Romania.

(10)

The entry conditions laid down in Article 5(1) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (4) have to be fulfilled, with the exception of the condition laid down in Article 5(1)(b) thereof, insofar as this Decision extending the common rules provided for in Decision No 895/2006/EC sets up a regime of unilateral recognition by Bulgaria and Romania of certain documents issued by Member States fully implementing the Schengen acquis, similar documents issued by Cyprus as well as unilateral recognition by Cyprus of short-term visas, long-stay visas and residence permits issued by Bulgaria and Romania for the purpose of transit.

(11)

Since the objective of this Decision, namely the introduction of a regime of unilateral recognition by Bulgaria, Cyprus and Romania of certain documents issued by other Member States, cannot be sufficiently achieved by Member States and can, therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve this objective.

(12)

This Decision does not constitute a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (5), as it is addressed only to Bulgaria, Cyprus and Romania which are not yet fully implementing the Schengen acquis. However, for the coherence and proper functioning of the Schengen system, this Decision also covers visas and residence permits issued by third countries such as Iceland and Norway, which are associated with the implementation, application and development of the Schengen acquis and which fully implement it.

(13)

In accordance with Articles 1 and 2 of the Protocol on the Position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, these Member States are not taking part in the adoption of this Decision.

(14)

In accordance with Articles 1 and 2 of the Protocol on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

—

Bulgaria and Romania may recognise unilaterally as equivalent to their national visas for the purpose of transit the documents referred to in Articles 2 and 3, as well as those referred to in Article 4, issued by those two Member States and by Cyprus to third country nationals subject to a visa obligation pursuant to Regulation (EC) No 539/2001,

—

Cyprus may recognise unilaterally as equivalent to its national visas for the purpose of transit the documents referred to in Article 4 issued by Bulgaria and Romania to third country nationals subject to a visa obligation pursuant to Regulation (EC) No 539/2001.

(1)

Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (1) and Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2) provide for certain structural requirements for establishments falling within the scope of those Regulations.

(2)

Annex VII, Chapter 5, Section B, Subsection I, paragraph (a) to the Act of Accession of Bulgaria and Romania provides that certain structural requirements laid down in those Regulations are not to apply to the establishments in Romania listed in Appendix B of Annex VII to the Act of Accession until 31 December 2009, subject to certain conditions.

(3)

As long as those establishments are in transition, products originating from those establishments should only be placed on the domestic market or used for further processing in Romanian establishments in transition.

(4)

Appendix B of Annex VII to the Act of Accession of Bulgaria and Romania has been amended by Commission Decisions 2007/23/EC (3) and 2007/710/EC (4).

(5)

In Romania, certain establishments in the meat, poultrymeat, fish and milk and milk products sectors have completed their upgrading process and are now in full compliance with Community legislation. In addition, certain establishments have ceased their activities. Those establishments should therefore be deleted from the list of establishments in transition.

(6)

Appendix B of Annex VII to the Act of Accession of Bulgaria and Romania should therefore be amended accordingly.

(7)

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

(1)

This Decision constitutes a financing decision within the meaning of Article 75 of Regulation (EC, Euratom) No 1605/2002 and of Article 90 of Regulation (EC, Euratom) No 2342/2002.

(2)

The Community Action Plan on the Protection and Welfare of Animals 2006-2010 identifies as one area of action the upgrading existing minimum standards for animal protection and welfare in line with new scientific evidence and socioeconomic assessments as well as securing efficient enforcement (3).

(3)

The European Parliament allocated EUR 4 million in the 2008 Community budget to a preparatory action on control posts (resting points). The present network of control posts does not meet the actual needs of transporters as control posts are missing in certain locations and a number of existing control posts are of poor quality standards despite official controls.

(4)

There is a need to determine, through stakeholders consultation and technical expertise, quality criteria for control posts as defined in the Community legislation and which strategies European wide should be developed to improve their use by transporters. A preparatory action including the building or renovating of high standard control posts in at least three Member States which have significant traffic flows of animals should be launched.

(5)

The European Parliament allocated EUR 1 million in the 2008 Community budget to launch a pilot project in order to develop improved animal production methods and to focus on alternatives to the castration of pigs and alternatives to the dehorning of cattle.

(6)

Concerning pig castration, this pilot project should complement ongoing research on castration and focus on its practical consequences by developing a programme establishing a European harmonised method to detect boar taint at the slaughter line under commercial conditions and to assess the commercial aspects of marketing meat from non-castrated animals. The development of such methods will encourage farmers to raise uncastrated animals and establish reliable and consistent data for further development of different alternatives to surgical castration (immunocastration, in particular). A second part of the study will look in depth into alternatives to the dehorning of cattle.

(7)

One project is foreseen to perform the preparatory action and one action for the pilot project. The financing of these actions should be subject to a single decision.

(8)

These actions are to form part of the further development of Community animal welfare legislation and will also support the actions identified in the Community Action Plan on the Protection and Welfare of Animals 2006-2010 (4),

(1)

Outbreaks of bluetongue occurred in Portugal in 2004 and 2005. The emergence of that disease presented a serious risk to the Community’s livestock population.

(2)

In order to prevent the spread of the disease and to help eradicate it as quickly as possible, the Community should contribute financially towards the eligible expenditure incurred by the Member State under the emergency measures taken to combat the disease, as provided for in Decision 90/424/EEC.

(3)

Commission Decision 2005/660/EC of 15 September 2005 concerning a financial contribution by the Community in the context of the emergency measures taken to combat bluetongue in Portugal in 2004 and 2005 (2) granted a financial contribution from the Community to Portugal towards the expenditure incurred under the emergency measures to combat bluetongue implemented in 2004 and 2005.

(4)

That Decision 2005/660/EC provided for a first instalment of EUR 1 000 000 subject to the results of the Commission in situ inspections.

(5)

Pursuant to that Decision, the balance of the Community financial contribution is to be paid on the basis of the applications submitted by Portugal on 9 November 2005, 14 November 2005 and 28 April 2006.

(6)

Commission Decision 2006/78/EC of 31 January 2006 concerning a financial contribution by the Community for the implementation of an epidemiological survey and bluetongue surveillance measures in the context of the emergency measures taken to combat bluetongue in Portugal in 2004 and 2005 (3) granted a financial contribution from the Community to Portugal towards the expenditure incurred under the emergency measures to combat bluetongue implemented in 2004 and 2005.

(7)

That Decision 2006/78/EC provided for a first instalment of EUR 600 000 subject to the results of the Commission’s on-the-spot checks.

(8)

Pursuant to that Decision, the balance of the Community financial contribution is to be paid on the basis of the application submitted by Portugal on 31 March 2006.

(9)

In view of those considerations, the total amount of the Community’s financial contribution to the eligible expenditure incurred associated with the eradication and surveillance of bluetongue in Portugal in 2004 and 2005 should now be fixed.

(10)

The results of the inspections carried out by the Commission in compliance with the Community veterinary rules and the conditions for granting Community financial contributions mean the entire amount of the expenditure submitted cannot be recognised as eligible.

(11)

The Commission’s observations, method of calculating the eligible expenditure and final conclusions were communicated to Portugal in letters dated 22 May 2007 and 10 December 2007.

(12)

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

(1)

In the framework of Regulation (EEC) No 793/93 the following substances have been identified as priority substances for evaluation in accordance with Commission Regulation (EC) No 2268/95 of 27 September 1995 concerning the second list of priority substances as foreseen under Regulation (EEC) No 793/93 (2):

(2)

The Member State designated as rapporteur pursuant to this Commission Regulation has completed the risk evaluation activities with regard to man and the environment for those substances in accordance with Commission Regulation (EC) No 1488/94 of 28 June 1994 laying down the principles for the assessment of risks to man and the environment of existing substances in accordance with Council Regulation (EEC) No 793/93 (3) and has suggested a strategy for limiting the risks.

(3)

The Scientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE) and the Scientific Committee on Health and Environmental Risks (SCHER) have been consulted and have issued opinions with respect to the risk evaluations carried out by the rapporteur. The opinions have been published on the website of those Scientific Committees.

(4)

The results of the risk evaluation and further results of the strategies for limiting the risks are set out in the corresponding Commission Communication (4).

(5)

It is appropriate, on the basis of that evaluation, to recommend risk reduction measures for the substances covered by this Recommendation and the Communication.

(6)

The risk reduction measures provided for in this recommendation are in accordance with the opinion of the Committee set up pursuant to Article 15(1) of Regulation (EEC) No 793/93,