(1)

Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (2) provides for the substitution of the euro for the currencies of the Member States which fulfilled the necessary conditions for the adoption of the single currency at the time when the Community entered the third stage of economic and monetary union.

(2)

Council Regulation (EC) No 2596/2000 (3) amended Regulation (EC) No 974/98 to provide for the substitution of the euro for the currency of Greece.

(3)

Council Regulation (EC) No 2169/2005 (4) amended Regulation (EC) No 974/98 in order to prepare for subsequent introductions of the euro in Member States which have not yet adopted the euro as the single currency.

(4)

Council Regulation (EC) No 1647/2006 (5) amended Regulation (EC) No 974/98 to provide for the substitution of the euro for the currency of Slovenia.

(5)

Council Regulation (EC) No 835/2007 (6) amended Regulation (EC) No 974/98 to provide for the substitution of the euro for the currency of Cyprus.

(6)

Regulation (EC) No 836/2007 amended Regulation (EC) No 974/98 to provide for the substitution of the euro for the currency of Malta.

(7)

According to Article 4 of the 2003 Act of Accession, Slovakia is a Member State with a derogation as defined in Article 122 of the Treaty.

(8)

Pursuant to Decision 2008/608/EC of 8 July 2008 in accordance with Article 122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009 (7), Slovakia fulfils the necessary conditions for the adoption of the single currency and the derogation in favour of Slovakia is to be abrogated with effect from 1 January 2009.

(9)

The introduction of the euro in Slovakia requires the extension to Slovakia of the existing provisions on the introduction of the euro set out in Regulation (EC) No 974/98.

(10)

Slovakia’s changeover plan specifies that euro banknotes and coins should become legal tender in that Member State on the day of the introduction of the euro as its currency. Consequently, the euro adoption date and the cash changeover date should be 1 January 2009. No ‘phasing-out’ period should apply.

(11)

Regulation (EC) No 974/98 should therefore be amended accordingly,

(1)

Council Regulation (EC) No 2866/98 of 31 December 1998 on the conversion rates between the euro and the currencies of the Member States adopting the euro (2) determines the conversion rates as from 1 January 1999.

(2)

According to Article 4 of the 2003 Act of Accession, Slovakia is a Member State with a derogation within the meaning of Article 122 of the Treaty.

(3)

Pursuant to Council Decision 2008/608/EC of 8 July 2008 in accordance with Article 122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009 (3), Slovakia fulfils the necessary conditions for the adoption of the single currency and the derogation in favour of Slovakia shall be abrogated with effect from 1 January 2009.

(4)

The introduction of the euro in Slovakia requires the adoption of the conversion rate between the euro and the Slovak koruna. This conversion rate shall be set at 30,1260 korunas per 1 euro, which corresponds to the current central rate of the koruna in the exchange rate mechanism (ERM II).

(5)

Regulation (EC) No 2866/98 should therefore be amended accordingly,

(1)

Commission Regulation (EC) No 1886/2000 of 6 September 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the extension to non-members of certain rules adopted by producers' organisations in the fisheries sector (2) has been substantially amended (3). In the interests of clarity and rationality the said Regulation should be codified.

(2)

It is necessary to define criteria for assessing the degree of representativeness of the producers' organisations in the catch sector whose rules it is proposed to extend to non-members. Those criteria should include both the proportion of the total quantities marketed of the species concerned accounted for by the members of the organisation and the proportion of fishermen in the area in question who are members of the organisation. It is also necessary to define specific criteria in the aquaculture sector as regards representativeness.

(3)

In order to harmonise the implementation of these measures, the production and marketing rules which may be extended to non-members in the catch and aquaculture sectors should be defined. For the same purpose, the stage to which such extended rules apply should be specified.

(4)

A minimum period of application of the rules in question should be fixed in order to maintain a certain stability in the conditions under which fishery products are marketed.

(5)

Member States which decide to make obligatory the rules adopted by a producers' organisation are obliged to submit them to the Commission for examination. It is necessary, therefore, to specify what information is to be notified to the Commission.

(6)

It is necessary for Member States and the Commission to publish information on the extension of rules which could affect the sector.

(7)

Any amendments to the rules extended to non-members should be subject to the same requirements as to notification to the Commission and publication as the original extension.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,

(a)

the name and address of the producers' organisation concerned;

(b)

all the information required to show that the organisation is representative, particularly by reference to the criteria set out in Article 1 of this Regulation;

(c)

the rules in question;

(d)

the justification for the rules, supported by appropriate data;

(e)

the geographical area in which it is intended to make the rules obligatory;

(f)

the duration of the rules;

(g)

the date of entry into force.

(1)

Catch limits for sandeel in ICES zone IIIa and in EC waters of ICES zones IIa and IV are provisionally laid down in Annex IA to Regulation (EC) No 40/2008.

(2)

Pursuant to point 6 of Annex IID to Regulation (EC) No 40/2008, the Commission is to revise the total allowable catches (TAC) and quotas for 2008 for sandeel in those zones based on advice from the International Council for the Exploration of the Sea (ICES) and the Scientific, Technical and Economic Committee for Fisheries (STECF).

(3)

The TAC should be established according to the function laid down in point 6 of Annex IID to Regulation (EC) No 40/2008. According to that function the TAC would amount to 470 000 tonnes.

(4)

In accordance with point 7 of Annex IID to Regulation (EC) No 40/2008, the TAC should not exceed 400 000 tonnes.

(5)

Point 5 of Annex IID to Regulation (EC) No 40/2008 provides that for the unallocated quota for this TAC, the fishing effort allowed in the exploratory fishing relating to sandeel abundance in 2008 shall be distributed to Member States whose vessels have a record of fishing activity in the years 2002 to 2006 in that area, which corresponds to a share of fishing effort of 96 % for Sweden and a share of 4 % for Germany. The allocation key for the unallocated quota for this TAC should be established on the basis of that distribution of fishing effort.

(6)

Sandeel is a North Sea stock which is shared with Norway but which is currently not jointly managed. The measures provided for in this Regulation should be in accordance with consultations with Norway pursuant to the provisions of the Agreed Record of conclusions of fisheries consultations between the European Commission and Norway of 26 November 2007. In consequence, the Community share of that part of the TAC that can be caught in ICES zones IIa and IV should be fixed at 90 % of 400 000 tonnes.

(7)

Annex IA to Regulation (EC) No 40/2008 should therefore be amended accordingly,

(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)

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)

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)

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 III to Regulation (EC) No 314/2004 lists the persons covered by the freezing of funds and economic resources under that Regulation.

(2)

Council Decision 2008/605/CFSP of 22 July 2008 (2) amends the Annex to Common Position 2004/161/CFSP (3) by adding 41 names. Annex III to Regulation (EC) No 314/2004 should, therefore, be amended accordingly.

(3)

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

(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 688/2008 (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)

The third stage of economic and monetary union (hereinafter referred to as ‘EMU’) started on 1 January 1999. By Decision 98/317/EC (4), the Council, meeting in Brussels on 3 May 1998 in the composition of Heads of State or Government, found that Belgium, Germany, Spain, France, Ireland, Italy, Luxembourg, the Netherlands, Austria, Portugal and Finland fulfilled the necessary conditions for adopting the single currency on 1 January 1999.

(2)

By Decision 2000/427/EC (5) the Council decided that Greece fulfilled the necessary conditions for adopting the single currency on 1 January 2001. By Decision 2006/495/EC (6) the Council decided that Slovenia fulfilled the necessary conditions for adopting the single currency on 1 January 2007. By Decisions 2007/503/EC (7) and 2007/504/EC (8) the Council decided that Cyprus and Malta fulfilled the necessary conditions for adopting the single currency on 1 January 2008.

(3)

In accordance with paragraph 1 of the Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland annexed to the Treaty, the United Kingdom notified the Council that it did not intend to move to the third stage of EMU on 1 January 1999. This notification has not been changed. In accordance with paragraph 1 of the Protocol on certain provisions relating to Denmark annexed to the Treaty and the Decision taken by the Heads of State or Government in Edinburgh in December 1992, Denmark has notified the Council that it will not participate in the third stage of EMU. Denmark has not requested that the procedure referred to in Article 122(2) of the Treaty be initiated.

(4)

By virtue of Decision 98/317/EC Sweden has a derogation as defined in Article 122 of the Treaty. In accordance with Article 4 of the 2003 Act of Accession, the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland and Slovakia have a derogation as defined in Article 122 of the Treaty. In accordance with Article 5 of the 2005 Act of Accession, Bulgaria and Romania have a derogation as defined in Article 122 of the Treaty.

(5)

The European Central Bank (hereinafter referred to as ‘ECB’) was established on 1 July 1998. The European Monetary System has been replaced by an exchange-rate mechanism, the setting-up of which was agreed by a resolution of the European Council on the establishment of an exchange-rate mechanism in the third stage of economic and monetary union of 16 June 1997 (9). The procedures for an exchange-rate mechanism in stage three of economic and monetary union (ERM II) were laid down in the Agreement of 16 March 2006 between the ECB and the national central banks of the Member States outside the euro area laying down the operating procedures for an exchange-rate mechanism in stage three of economic and monetary union (10).

(6)

Article 122(2) of the Treaty lays down the procedures for abrogation of the derogation of the Member States concerned. According to that Article at least once every two years, or at the request of a Member State with a derogation, the Commission and the ECB are to report to the Council in accordance with the procedure laid down in Article 121(1) of the Treaty. The most recent Commission and ECB regular Convergence Reports were adopted in May 2008. Slovakia submitted a formal request for a convergence assessment on 4 April 2008.

(7)

National legislation in the Member States including the statutes of national central banks is to be adapted as necessary with a view to ensuring compatibility with Articles 108 and 109 of the Treaty and the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as ‘Statute of the ESCB’). The reports of the Commission and the ECB provide a detailed assessment of the compatibility of the legislation of Slovakia with Articles 108 and 109 of the Treaty and the Statute of the ESCB.

(8)

According to Article 1 of the Protocol on the convergence criteria referred to in Article 121 of the Treaty, the criterion concerning price stability referred to in the first indent of Article 121(1) of the Treaty means that a Member State has a price performance that is sustainable and an average rate of inflation, observed over a period of one year before the examination, that does not exceed by more than one and a half percentage points that of, at most, the three best performing Member States in terms of price stability. For the purpose of the criterion concerning price stability, inflation is measured by the harmonised indices of consumer prices (HICPs) defined in Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices (11). In order to assess the price stability criterion a Member State’s inflation is measured by the percentage change in the arithmetic average of 12 monthly indices relative to the arithmetic average of 12 monthly indices of the previous period. In the one-year period ending in March 2008, the three best-performing Member States in terms of price stability were Malta, the Netherlands and Denmark, with inflation rates of, respectively 1,5 percent, 1,7 percent and 2,0 percent. A reference value calculated as the simple arithmetic average of the inflation rates of the three best-performing Member States in terms of price stability plus 1,5 percentage points was considered in the reports of the Commission and the ECB. On this basis, the reference value in the one-year period ending in March 2008 was 3,2 percent.

(9)

According to Article 2 of the Protocol on the convergence criteria referred to in Article 121 of the Treaty, the criterion concerning the government budgetary position referred to in the second indent of Article 121(1) of the Treaty means that at the time of the examination the Member State is not the subject of a Council Decision under Article 104(6) of the Treaty that an excessive deficit exists.

(10)

According to Article 3 of the Protocol on the convergence criteria referred to in Article 121 of the Treaty, the criterion concerning participation in the exchange-rate mechanism of the European Monetary System referred to in the third indent of Article 121(1) of the Treaty means that a Member State has respected the normal fluctuation margins provided for by the exchange-rate mechanism of the European Monetary System without severe tensions for at least the last two years before the examination. In particular, the Member State must not have devalued its currency’s bilateral central rate against any other Member State’s currency on its own initiative for the same period. Since 1 January 1999 the ERM II provides the framework for assessing the fulfilment of the exchange-rate criterion. In assessing the fulfilment of this criterion in their reports, the Commission and the ECB have examined the two-year period ending on 18 April 2008.

(11)

According to Article 4 of the Protocol on the convergence criteria referred to in Article 121 of the Treaty, the criterion concerning the convergence of interest rates referred to in the fourth indent of Article 121(1) of the Treaty means that, observed over a period of one year before the examination, a Member State has had an average nominal long-term interest rate that does not exceed by more than two percentage points that of, at most, the three best performing Member States in terms of price stability. For the purpose of the criteria concerning the convergence of interest rates, comparable interest rates on 10-year benchmark government bonds were used. In order to assess the fulfilment of the interest-rate criterion a reference value calculated as the simple arithmetic average of the nominal long-term interest rates of the three best performing Member States in terms of price stability plus two percentage points was considered in the reports of the Commission and the ECB. On this basis, the reference value in the one-year period ending in March 2008 was 6,5 percent.

(12)

In accordance with Article 5 of the Protocol on the convergence criteria referred to in Article 121 of the Treaty, the data used in the current assessment of the fulfilment of the convergence criteria are to be provided by the Commission. For the preparation of this decision the Commission provided data. Budgetary data were provided by the Commission after reporting by the Member States by 1 April 2008 in accordance with Council Regulation (EC) No 3605/93 of 22 November 1993 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (12).

(13)

On the basis of reports presented by the Commission and the ECB on the progress made in the fulfilment by Slovakia of its obligations regarding the achievement of economic and monetary union, the Commission concluded that:

In the light of the assessment on legal compatibility and on the fulfilment of the convergence criteria as well as the additional factors, and provided that Decision 2005/182/EC on the existence of an excessive deficit is abrogated by the Council, Slovakia fulfils the necessary conditions for the adoption of the euro.

(14)

By Decision 2008/562/EC (14) the Council, acting on a recommendation from the Commission, abrogated Decision 2005/182/EC on the existence of an excessive deficit in Slovakia.

(15)

According to Article 122(2) of the Treaty the Council, acting by qualified majority on a proposal by the Commission, is to decide which Member States with a derogation fulfil the necessary conditions for the adoption of the single currency and abrogate the derogations of the Member States concerned,

(1)

Council Decision 2006/493/EC of 19 June 2006 laying down the amount of Community support for rural development for the period from 1 January 2007 to 31 December 2013, its annual breakdown and the minimum amount to be concentrated in regions eligible under the Convergence Objective (2) has been amended to take account of the decision by the Budgetary Authority to transfer to 2008 and the following years certain commitment appropriations for Community support for rural development under Regulation (EC) No 1698/2005 that were not used in 2007, in accordance with point 48 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3).

(2)

Commission Decision 2006/636/EC (4) must be amended accordingly,