(1)

Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products listed in Part XV of Annex I to 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 beef and veal, export refunds should therefore be set in accordance with the rules and criteria provided for in Articles 162 to 164 and 167 to 170 of Regulation (EC) No 1234/2007.

(3)

Article 164(1) of Regulation (EC) No 1234/2007 provides that the refund may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.

(4)

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

(5)

The conditions laid down in the third subparagraph of Article 7(2) of Commission Regulation (EC) No 1359/2007 of 21 November 2007 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals (5) provide for a reduction of the special refund if the quantity of cuts of boned meat to be exported amounts to less than 95 %, but not less than 85 %, of the total weight of cuts produced by boning.

(6)

Commission Regulation (EC) No 343/2008 (6) should therefore be repealed and replaced by a new regulation.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

(1)

Commission Regulation (EC) No 341/2007 (3) opens and provides for the administration of tariff quotas and introduces a system of import licences and certificates of origin for garlic and other agricultural products imported from third countries.

(2)

The quantities for which ‘A’ licence applications have been lodged by traditional importers and by new importers during the first five working days of July 2008, pursuant to Article 10(1) of Regulation (EC) No 341/2007 exceed the quantities available for products originating in China, and all third countries other than China.

(3)

Therefore, in accordance with Article 7(2) of Regulation (EC) No 1301/2006, it is now necessary to establish the extent to which the ‘A’ licence applications sent to the Commission by 15 July 2008 can be met in accordance with Article 12 of Regulation (EC) No 341/2007,

(1)

Commission Regulation (EC) No 1484/95 (2) lays down detailed rules for implementing the system of additional import duties and fixes representative prices for poultrymeat and egg products and for egg albumin.

(2)

Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin. The representative prices should therefore be published.

(3)

In view of the situation on the market, this amendment should be applied as soon as possible.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

(1)

Council Regulation (EC) No 1098/2007 establishing a multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, lays down the conditions for the sustainable exploitation of cod in the Baltic Sea and the rules on monitoring, control and surveillance of such activities.

(2)

Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (2) provides for control activities by the Commission and cooperation between Member States to ensure compliance with the rules of the Common Fisheries Policy.

(3)

To ensure the success of the multi-annual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, it is necessary to establish a specific control and inspection programme.

(4)

The specific control and inspection programme should be established for a period of three years. The results obtained by the application of the specific control and inspection programme should be periodically evaluated by the Member States concerned in cooperation with the Community Fisheries Control Agency (CFCA) set up by Council Regulation (EC) No 768/2005 (3).

(5)

Cooperation between Member States concerned should be encouraged so as to enhance uniformity of inspection and surveillance practices and help develop the coordination of control activities between the competent authorities of those Member States.

(6)

Joint inspection and surveillance activities should be carried out in accordance with joint deployment plans established by the CFCA.

(7)

The measures provided for in this Decision have been established in concert with the Member States concerned.

(8)

The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,

(a)

the inspection and surveillance activities set out in Annex I;

(b)

all infringements, as referred to in Annex II, detected during the twelve-month period including, for each infringement, the flag of the vessel, the date and location of the inspection and the nature of the infringement; Member States shall indicate the nature of the infringement by references to the letter under which they are listed in Annex II;

(c)

the state of follow-up of infringements, as referred to in Annex II, whether detected during the previous calendar year or earlier;

(d)

any relevant coordination and cooperation actions between Member States.

(1)

Commission Decision 82/43/EEC of 9 December 1981 relating to the settingup of an Advisory Committee on Equal Opportunities for Women and Men (1) has been substantially amended several times (2). In the interests of clarity and rationality the said Decision should be codified.

(2)

Equality between women and men is essential to human dignity and democracy, and constitutes a fundamental principle of Community law, of the constitutions and laws of the Member States, and of international and European conventions.

(3)

The application in practice of the principle of equal treatment for women and men must be encouraged by improved cooperation and exchanges of views and experience between those bodies which have special responsibility in the Member States for promoting equality of opportunity, and the Commission.

(4)

The full implementation in practice of the directives, recommendations and resolutions adopted by the Council in the field of equal opportunities can be speeded up considerably with the assistance of national bodies having a network of specialised information at their disposal.

(5)

The preparation and implementation of Community measures concerning the employment of women, the improvement of the position of women who are self-employed and those engaged in agriculture, and the promotion of equal opportunities require close cooperation with the specialised bodies in Member States.

(6)

Therefore, an institutional framework is required for the purpose of regular consultations with those bodies,

(1)

In accordance with Article 18 of Directive 2005/32/EC, the Commission should ensure that in the conduct of its activities it observes, in respect of each implementing measure, a balanced participation of Member States and interested parties.

(2)

Directive 2005/32/EC provides that those parties should meet in a Consultation Forum. It is therefore necessary to define the tasks and the structure of that Consultation Forum.

(3)

The Consultation Forum should assist the Commission to establish a working plan, and contribute to defining and reviewing implementing measures, to examining the effectiveness of the established market surveillance mechanisms, and to assessing voluntary agreements and other self-regulation measures.

(4)

The Consultation Forum should be composed of Member States' representatives and the interested parties concerned with the product or product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations.

(5)

Rules on disclosure of information by members of the Consultation Forum should be provided for, without prejudice to the rules on security annexed to the Commission's Rules of Procedure by Decision 2001/844/EC, ECSC, Euratom (2).

(6)

Personal data relating to members of the Consultation Forum should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3),

(1)

Commission Decision 2000/572/EC (5) lays down the animal and public health and veterinary certification conditions for imports of meat preparations into the Community from third countries.

(2)

Following the entry into application of Regulations (EC) Nos 852/2004, 853/2004 and 854/2004 and of Commission Regulation (EC) No 2075/2005 of 5 December 2005 laying down specific rules on official controls for Trichinella in meat (6), it is necessary to amend and update Community health conditions and certification requirements for the imports into the Community of meat preparations in order to introduce the correct references to the new legislation.

(3)

Traces (Trade Control and Expert System) is an integrated computerised veterinary system introduced by Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC (7). Standardisation of health certificates is essential for the effective computer processing of the certificates in the Traces system.

(4)

Commission Decision 2007/240/EC of 16 April 2007 laying down new veterinary certificates for importing live animals, semen, embryos, ova and products of animal origin into the Community pursuant to Decisions 79/542/EEC, 92/260/EEC, 93/195/EEC, 93/196/EEC, 93/197/EEC, 95/328/EC, 96/333/EC, 96/539/EC, 96/540/EC, 2000/572/EC, 2000/585/EC, 2000/666/EC, 2002/613/EC, 2003/56/EC, 2003/779/EC, 2003/804/EC, 2003/858/EC, 2003/863/EC, 2003/881/EC, 2004/407/EC, 2004/438/EC, 2004/595/EC, 2004/639/EC and 2006/168/EC (8) provides that the various veterinary and public and animal health certificates required for the import of live animals, semen, embryo, ova and products of animal origin into the Community and the certificates for transit through the Community of products of animal origin are to be based on the standard models for veterinary certificates in Annex I to that Decision.

(5)

Accordingly, the model certificates set out in Annexes II and III to Decision 2000/572/EC should be replaced by new models in order to ensure compatibility with Traces.

(6)

To avoid any disruption of trade, the use of the certificates issued in accordance with Decision 2000/572/EC before the amendments introduced by the present Decision, should be authorised for a period of six months after the date of application of this Decision. Those certificates should be accepted for import into the community for a period of 10 months after the application of the present Decision.

(7)

Decision 2000/572/EC should therefore be amended accordingly.

(8)

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

1.

Article 3 is replaced by the following:

(*1)   OJ L 31, 1.2.2002, p. 1."

(*2)   OJ L 139, 30.4.2004, p. 1, as corrected by OJ L 226, 25.6.2004, p. 3."

(*3)   OJ L 139, 30.4.2004, p. 55, as corrected by OJ L 226, 25.6.2004, p. 22."

(*4)   OJ L 147, 31.5.2001, p. 1.’;"

2.

Article 4a is amended as follows:

3.

Annexes II and III are replaced by the text in the Annex to this Decision.

(1)

The Trans-European Transport Network Executive Agency (hereinafter referred to as the Agency) was set up by Commission Decision 2007/60/EC (2) of 26 October 2006, to manage the Community action in the field of the trans-European transport network until 31 December 2008 for the implementation of tasks concerning the granting of Community financial aid pursuant to Council Regulation (EC) No 2236/95 of 18 September 1995 laying down general rules for the granting of Community financial aid in the field of the trans-European networks (3). Many of these projects will run well until after 31 December 2008.

(2)

The Agency should become responsible also for the projects receiving financial aid on the basis of the Regulation (EC) No 680/2007 of the European Parliament and of the Council (4), as this Regulation continues to finance similar actions for the trans-European transport network as under Council Regulation (EC) No 2236/95, for which the Agency already received delegation.

(3)

The Agency should not become responsible for the adoption of individual decisions granting Community financial aid. However, in order to further increase the efficiency and effectiveness of programme implementation, the Commission may decide to delegate to the Agency the adoption of amendments to such decisions.

(4)

The Agency should in particular become responsible for project-related activities independently of the form and method of the Community financial aid defined in Article 6 of the Regulation (EC) No 680/2007. All programme-related activities, such as controlling and policymaking should be excluded and remain with the Commission.

(5)

The Agency should in particular become also responsible for accompanying measures to contribute to the efficiency and effectiveness of the TEN-T programme, in order the maximise its European added value, including promotion of the TEN-T programme to all parties concerned and the improvement of its visibility to the general public, in the Member States and bordering third countries. Such measures could consist of targeted awareness raising and promotion campaigns, including the organisation of TEN-T days, workshops and conferences, announcement and dissemination of results and best practice through adequate publications, including the use of the electronic media, by for instance the preparation of press releases, guidance to potential applicants, brochures on success stories and annual reports, and organisation of the participation of representatives of the agency and/or the Commission at relevant events, such as the inauguration of transport infrastructure.

(6)

An updated cost-benefit analysis has been carried out by external consultants showing that the administrative resources, in particular the staffing, of the existing Agency require a significant increase. The Agency would continue to be the most cost-effective option.

(7)

Decision 2007/60/EC should therefore be amended accordingly.

(8)

The provisions set out by this Decision are in accordance with the opinion of the Regulatory Committee for Executive Agencies,

1.

Decision 2007/60/EC is amended as follows:

2.

In Article 4, paragraph 1 is replaced by the following:

(*1)   OJ L 228, 23.9.1995, p. 1. Regulation as last amended by Regulation (EC) No 1159/2005 of the European Parliament and of the Council (OJ L 191, 22.7.2005, p. 16)."

(*2)   OJ L 162, 22.6.2007, p. 1.’ "

(1)

The strategic initiative i2010, which is an initiative for growth and employment, builds on information and communication technology policies, research and innovation to help achieve the goals of the Lisbon Strategy. The i2010 initiative promotes the building of European information society and encourages provision of better public services, including eHealth.

(2)

Resolving existing and future challenges to European healthcare systems is possible, at least partly, through deployment of proven information and communication technology-enabled solutions (eHealth). A major requirement to use benefits of eHealth is improved cooperation regarding interoperability of Member States’ eHealth systems and applications. Electronic health record systems form a fundamental part of eHealth systems.

(3)

Electronic health record systems have the potential to achieve greater quality and security in health information than the traditional forms of health records. Interoperability of electronic health record systems should make access easier, and enhance the quality and safety of patient care throughout the Community by providing patients and health professionals with relevant and up-to-date information while ensuring the highest standards of protection of personal data and confidentiality. Enhancing cross-border cooperation in the domain of eHealth requires cooperation between providers, purchasers and regulators of healthcare services in different Member States. At the same time any measure relating to interoperability need not necessarily lead to the harmonisation of laws and regulations of the organisation and delivery of healthcare in Member States.

(4)

Lack of interoperability of electronic health record systems is one of the major obstacles for realising the social and economic benefits of eHealth in the Community. Market fragmentation in eHealth is aggravated by the lack of technical and semantic interoperability. The health information and communication systems and standards currently used in Member States are often incompatible and do not facilitate access to vital information for provision of safe and good quality healthcare across different Member States.

(5)

The Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions ‘eHealth — making healthcare better for European citizens: An action plan for a European eHealth Area’, presented on 30 April 2004 (1), outlines the potential of eHealth systems and major challenges for its wide deployment. The Action Plan outlined in this Communication calls for joint Community and Member States action on interoperability of electronic health record systems.

(6)

The Declaration of the High Level eHealth Conference in 2007 acknowledged the importance of starting joint initiatives among Member States by strengthening a range of activities related to interoperability of electronic health record systems.

(7)

The Commission responded to the report ‘Creating an Innovative Europe’ of the independent expert group with the Communication ‘A Lead Market Initiative for Europe’ (2) that aims at the creation and marketing of innovative products and services in lead industrial and social areas, including eHealth. One of the main targets of the proposed initiatives to boost the interoperability of electronic health record systems, since the health information and communication systems and standards currently used in Member States are often incompatible and thus present a barrier to the emergence of cost-effective and innovative information technology solutions for healthcare.

(8)

The European Parliament, on 23 May 2007, passed a Resolution on the impact and consequences of the exclusion of health services from the Directive on services in the internal market (3). The Resolution invites the Commission to encourage Member States to actively support the introduction of eHealth and telemedicine, particularly by developing interoperable systems allowing the exchange of patient information between healthcare providers in different Member States.

(9)

The purpose of the Recommendation is to contribute to development of overall European eHealth interoperability by the end of 2015.

(10)

This Recommendation respects and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular Article 7 on the right to respect for private and family life and Article 8 on the right of every individual to the protection of his or her personal data.

(11)

Health records are among the most sensitive records available containing information concerning an individual. The unauthorised disclosure of a medical condition or diagnosis could negatively impact an individual’s personal and professional life. Maintaining health records in an electronic form increases the risk that patients’ information could be accidentally exposed or easily distributed to unauthorised parties.

(12)

Interoperability of electronic health records involves transfer of personal data concerning a patient’s health. These data should be able to flow freely from one Member State to another, but at the same time the fundamental rights of the individual should be safeguarded. This Recommendation should therefore be without prejudice to the Community provisions on the protection of personal data consisting in particular of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4), and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (5).

(13)

The Commission considers that Privacy Enhancing Technologies (PETs) should be developed and more widely used where personal data is processed through ICT networks in relevant fields such as eHealth (6),