18.11.2008   

EN

Official Journal of the European Union

L 307/1

18.11.2008   

EN

Official Journal of the European Union

L 307/3

(1)

Under Commission Regulation (EC) No 810/2008 (2), certificates of authenticity must be issued before beef and veal may be imported into the Community. The list of authorities in exporting countries empowered to issue these certificates is annexed to that Regulation.

(2)

Paraguay has changed the name of the issuing authority for certificates of authenticity. In accordance with Article 7(2) Regulation (EC) No 810/2008, the list set out in Annex II to that Regulation should therefore be amended accordingly.

(3)

For the sake of avoiding that the name of the authority mentioned on the certificates of authenticity recently issued does not correspond with the name of the authority listed in Regulation (EC) No 810/2008, the amendment to the latter Regulation should apply as from 1 July 2008, the date in which the current tariff quota year started. For the previous tariff quota year ending on 30 June 2008, the Commission did not receive any information about certificates of authenticity delivered by the competent authorities in Paraguay.

(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,

‘—

SERVICIO NACIONAL DE CALIDAD Y SALUD ANIMAL, Dirección General de Calidad e Inocuidad de Productos de Origen Animal’.

18.11.2008   

EN

Official Journal of the European Union

L 307/4

(1)

Regulation (EC) No 1925/2006 on the addition of vitamins and minerals and of certain other substances to foods, in the absence of Community provision, provides for the notification and the assessment of national new provisions concerning, inter alia, the prohibition or restriction on the use of certain other substances in the manufacture of specified foods.

(2)

In accordance with the procedure provided for in Article 12 read in conjunction with Article 11(2)(b) of Regulation (EC) No 1925/2006, the Czech authorities notified the Commission on 30 November 2007 of a draft Decree laying down requirements for food supplements and the enrichment of foodstuffs, and in particular Articles 2(3) and 4 as well as the Annexes 4 and 5 thereto.

(3)

Article 2(3) of the draft Decree establishes by means of Annex 4 thereto a list of other substances in the sense of Article 2(2) of Regulation (EC) No 1925/2006, as well as the respective conditions under which these substances may be used in the manufacture of food supplements.

(4)

Articles 2(3) and 4 of the draft Decree establish by means of Annex 5 thereto a list of plants and other substances that are prohibited in the manufacture of food supplements and foodstuffs in general.

(5)

In accordance with the provisions of Article 12(2) of Regulation (EC) No 1925/2006, the Commission consulted the other Member States via the Standing Committee on the Food Chain and Animal Health.

(6)

The draft Decree, as it currently stands, does not indicate why the substances contained in Annex 4 have to comply with the thresholds thereof based on public health reasons.

(7)

In the absence of harmonised Community legislation, Member States retain their competence to regulate the production and marketing of goods in their territory without prejudice to the Articles 28 and 30 of the EC Treaty.

(8)

In particular, Article 2(3) of the draft Decree read in conjunction with Annex 4 thereto appears to suggest that substances other than those listed therein are not permitted to be used in the manufacture of food supplements.

(9)

Even if were demonstrated that Annex 4 is justified on the basis of public health reasons, the draft decree does not indicate how products, lawfully produced and/or marketed in other Member States that do not comply with the requirements laid down in Articles 2(3) and 4 thereof will be treated.

(10)

The draft Decree does not contain any provision ensuring the free movement of food supplements lawfully produced and/or marketed in other Member States which contain substances that are included in Annex 4 thereto but not in accordance with the conditions laid down therein, or substances other than those included in Annex 4 thereto either in the form of a mutual recognition clause or in the form of an approval procedure enabling economic operators to have such substances included on the national list of authorised substances.

(11)

Pursuant to Articles 2(3) and 4 of the notified Decree read in conjunction with Annex 5 thereto, food supplements and foodstuffs in general shall contain no narcotic or psychotropic substances, nor precursors of Category 1, nor any other substance demonstrated to have a toxic, genotoxic, teratogenic, hallucinogenic, narcotic or other unfavourable effects on the human body, nor any of the substances contained in Annex 5 thereto. The prohibition of certain other substances for the manufacture of food supplements and foodstuffs in general may be justified on grounds of the protection of health and life of humans within the meaning of Article 30 EC Treaty.

(12)

Since the latter article provides for an exception, to be interpreted strictly, to the rule of free movement of goods within the Community, it is for the national authorities which invoke it to show in each case, in the light of national nutritional habits and in the light of the results of international scientific research, that their rules are necessary to give effective protection to the interests referred to in that provision and, in particular, that the marketing of the products in question poses a real risk to public health.

(13)

The Czech authorities have not provided any evidence that would justify the establishment of a list containing prohibited substances to be used in the manufacture of food supplements and foodstuffs in general.

(14)

Even if such evidence were provided, the draft Decree does not contain any provision ensuring the free movement of food supplements and foodstuffs in general lawfully produced and/or marketed in other Member States which contain substances not permitted thereby.

(15)

Therefore, the draft Decree fails to provide adequate guarantees that the rights of the economic operators deriving from Articles 28 and 30 of the EC Treaty.

(16)

In light of these observations, the Commission has delivered a negative opinion pursuant to Article 12(3) of Regulation (EC) No 1925/2006.

(17)

The Czech authorities should accordingly be requested not to adopt the draft Decree in question and modify it in accordance with Articles 28 and 30 of the EC Treaty taking into account the observations of the Commission in its negative opinion.

(18)

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

18.11.2008   

EN

Official Journal of the European Union

L 307/7

(1)

Article 8(2) of Directive 91/414/EEC provides that a Member State may, during a period of 12 years following the notification of that Directive, authorise the placing on the market of plant protection products containing active substances not listed in Annex I to that Directive that are already on the market two years after the date of notification, while those substances are gradually being examined within the framework of a programme of work.

(2)

Commission Regulations (EC) No 451/2000 (2) and (EC) No 1490/2002 (3) lay down the detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes chlorate.

(3)

For chlorate the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 451/2000 and (EC) No 1490/2002 for a range of uses proposed by the notifier. Moreover, those Regulations designate the rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 8(1) of Regulation (EC) No 451/2000. For chlorate the rapporteur Member State was France and all relevant information was submitted on 26 July 2007.

(4)

The Commission examined chlorate in accordance with Article 11a of Regulation (EC) No 1490/2002. A draft review report for that substance was reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 11 July 2008 in the format of the Commission review report.

(5)

During the examination of this active substance by the Committee, it was concluded, taking into account comments received from Member States, that there are clear indications that it may be expected that it has harmful effects on human health, in particular taking into consideration the unacceptable exposure to operators taking into account the proposed provisional AOEL. In addition, information was insufficient to establish a definitive AOEL and to assess the leaching of a relevant metabolite to groundwater. Moreover, other concerns which were identified by the rapporteur Member States in its assessment report are included in the review report for the substance.

(6)

The Commission invited the notifier to submit its comments on the results of the examination of chlorate and on its intention or not to further support the substance. The notifier submitted its comments which have been carefully examined. However, despite the arguments put forwards by the notifier, the concerns identified could not be eliminated, and assessments made on the basis of the information submitted have not demonstrated that it may be expected that, under the proposed conditions of use, plant protection products containing chlorate satisfy in general the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC.

(7)

Chlorate should therefore not be included in Annex I to Directive 91/414/EEC.

(8)

Measures should be taken to ensure that authorisations granted for plant protection products containing chlorate are withdrawn within a fixed period of time and are not renewed and that no new authorisations for such products are granted.

(9)

Any period of grace granted by a Member State for the disposal, storage, placing on the market and use of existing stocks of plant protection products containing chlorate should be limited to 12 months in order to allow existing stocks to be used in one further growing season, which ensures that plant protection products containing chlorate remain available for 18 months from the adoption of this Decision.

(10)

This Decision does not prejudice the submission of an application for chlorate in accordance with Article 6(2) of Directive 91/414/EEC and Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (4), in view of a possible inclusion in its Annex I.

(11)

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

(a)

authorisations for plant protection products containing chlorate are withdrawn by 10 May 2009;

(b)

no authorisations for plant protection products containing chlorate are granted or renewed from the date of publication of this Decision.

18.11.2008   

EN

Official Journal of the European Union

L 307/9

(1)

Regulation (EC) No 178/2002 lays down the general principles governing food and feed in general, and food and feed safety in particular, at Community and national level. It provides for emergency measures where it is evident that food or feed imported from a third country is likely to constitute a serious risk to human health, animal health or the environment and that such a risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned.

(2)

An outbreak of Hepatitis A in humans has been confirmed in the Community. The origin of the disease has been identified to be the consumption of certain bivalve molluscs imported from Peru that were contaminated with the hepatitis A virus (HAV).

(3)

The contaminated bivalve molluscs are Donax clams (Donax spp) and the origin of the contamination is most likely a viral contamination of the water of the production areas. Other bivalve molluscs could therefore also be contaminated.

(4)

Since the consumption of those bivalve molluscs presents a serious risk for human health it is appropriate to suspend imports into the Community of bivalve molluscs from Peru.

(5)

Considering the seriousness of the contamination, the suspension should also apply to bivalve molluscs that have been dispatched to the Community before this Decision comes into effect but which arrive at the Community border inspection posts after that date.

(6)

The suspension of those imports should be provided for at Community level in order to ensure the effective and uniform protection of consumer health in all Member States.

(7)

The aquaculture production of scallops (Pectinidae) in Peru takes place in separated production areas with a low population density and far from potential sources of contamination. In addition, Pectinidae are processed to withdraw the viscera and thus mitigate the risk of viral contamination in the edible part of the product. It is therefore appropriate to allow imports from Peru of Pectinidae processed in that manner.

(8)

In addition, the heat treatment avoids the viability of the virus. It is therefore appropriate to allow imports from Peru of bivalve molluscs that have undergone a heat treatment following the requirements established in point A.5(b) of Chapter II of Section VII of Annex III to 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).

(9)

The Peruvian authorities have committed to put in place immediate corrective measures and, if necessary, to allow a Commission inspection in the coming months. It is therefore appropriate to limit the application of the measures provided for in the present Decision to 31 March 2009, without prejudice of the power of the Commission to modify, repeal or extend those measures in the light of any new information related to the evolution of the situation in Peru and of the outcome of inspections by its services.

(10)

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

(a)

eviscerated Pectinidae of aquaculture origin;

(b)

bivalve molluscs that have undergone a heat treatment as set out in point A.5(b) of Chapter II of Section VII of Annex III to Regulation (EC) No 853/2004.

18.11.2008   

EN

Official Journal of the European Union

L 307/11

(1)

Respect for human dignity is a founding principle of the European Union, among whose aims are the promotion of full employment and social progress, the combating of social exclusion and discrimination and the promotion of social justice and social protection. In accordance with Article 137(1)(h) of the Treaty, the Community has a role to play in supporting and complementing the activities of the Member States in the integration of persons excluded from the labour market. Article 34 of the Charter of Fundamental Rights of the European Union provides for the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources.

(2)

Council Recommendation 92/441/EEC of 24 June 1992 on common criteria concerning sufficient resources and social assistance in social protection systems (1) remains a reference instrument for Community policy in relation to poverty and social exclusion and has lost none of its relevance, although more needs to be done to implement it fully.

(3)

Since 1992 new policy instruments have emerged. One such instrument is the Open method of coordination on social protection and social inclusion (OMC), the objectives of which include the active social inclusion of all, to be ensured by promoting participation in the labour market and by fighting poverty and exclusion among the most marginalised people and groups (2). Another instrument is the European employment strategy, which aims, inter alia, to strengthen social inclusion, fight poverty, prevent exclusion from the labour market and support integration into employment of people at a disadvantage (3).

(4)

The persistence of poverty and joblessness and the growing complexities of multiple disadvantages call for comprehensive, integrated policies (4). With a view to modernising social protection systems, adequate income support needs to be combined with a link to the labour market and access to quality services in an integrated active inclusion strategy (5). This strategy is fully complementary to the flexicurity approach, while targeting those excluded from the labour market. It contributes to the Lisbon strategy by facilitating the activation and the mobility of the workforce, and represents a building block in the social dimension of the EU’s sustainable development strategy (6).

(5)

Consideration should be given to national priorities and the availability of financial resources when this Recommendation is gradually implemented.

(6)

This Recommendation and the implementation of the common principles set out herein are without prejudice to the application of Community law, including State aid rules and the General block exemption Regulation (7), and the Community rules on the award of public contracts.

(7)

In accordance with the principle of subsidiarity, the Member States are responsible for defining the level of income support and for establishing the appropriate policy mix in the light of the different situations and needs at local, regional and national level,

(a)

comprehensive policy design defining the right mix of the three strands of the active inclusion strategy, taking account of their joint impact on the social and economic integration of disadvantaged people and their possible interrelationships, including synergies and trade-offs;

(b)

integrated implementation across the three strands of the active inclusion strategy to effectively address the multifaceted causes of poverty and social exclusion and enhance coordination between public agencies and services which deliver active inclusion policies;

(c)

policy coordination among local, regional, national and EU authorities in the light of their particular roles, competences and priorities;

(d)

active participation of all other relevant actors, including those affected by poverty and social exclusion, the social partners, non-governmental organisations and service providers, in the development, implementation and evaluation of strategies.

(a)

support the implementation of fundamental rights;

(b)

promote gender equality and equal opportunities for all;

(c)

take careful consideration of the complexities of multiple disadvantages and the specific situations and needs of the various vulnerable groups;

(d)

take due account of local and regional circumstances and improve territorial cohesion;

(e)

be consistent with a lifecycle approach to social and employment policies so they can support intergenerational solidarity and break the intergenerational transmission of poverty.

(i)

Review their social protection systems, as necessary, in the light of the common principles listed in paragraph B of Recommendation 92/441/EEC. In particular, under an active inclusion strategy, the right to sufficient resources should:

(ii)

Ensure the implementation of that right in accordance with the practical guidelines in paragraphs C(1), C(2) and C(3) of Recommendation 92/441/EEC. In particular, when the resources necessary to lead a life of dignity are determined, living standards and price levels by type and size of household in the Member State concerned should be taken into account using the appropriate national indicators. Within an active inclusion framework, an incentive to seek employment for persons whose condition renders them fit for work should be safeguarded and the amounts adjusted or supplemented to meet specific needs.

(i)

Promote the following common principles in the context of active inclusion strategies:

(ii)

Implement these principles through the following practical guidelines:

—

territorial availability, physical accessibility, affordability,

—

solidarity, equal opportunities for service users and employees, and due account for diversity of users,

—

investment in human capital, working conditions, and adequate physical infrastructure,

—

comprehensive and coordinated services, conceived and delivered in an integrated manner,

—

users’ involvement and personalised approaches to meet the multiple needs of people as individuals,

—

monitoring and performance evaluation and sharing of best practice.

18.11.2008   

EN

Official Journal of the European Union

L 307/15

(1)

On 15 October 2007, the Council adopted Joint Action 2007/677/CFSP on the European Union military operation in the Republic of Chad and in the Central African Republic (1) (Operation EUFOR Tchad/RCA).

(2)

Article 10(3) of that Joint Action provides that detailed arrangements regarding the participation of third States are to be the subject of an agreement, in accordance with Article 24 of the Treaty.

(3)

Following authorisation by the Council on 13 September 2004, the Presidency, assisted by the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy, negotiated an Agreement between the European Union and the Russian Federation on the participation of the Russian Federation in Operation EUFOR Tchad/RCA (hereinafter referred to as the Agreement).

(4)

The Agreement should be approved on behalf of the European Union,

18.11.2008   

EN

Official Journal of the European Union

L 307/21

18.11.2008   

EN

Official Journal of the European Union

L 307/22

18.11.2008   

EN

Official Journal of the European Union

L 307/s3