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

28.5.2009

Official Journal of the European Union

L 129/1

COUNCIL REGULATION (EC) No 439/2009

of 23 March 2009

concerning the conclusion of the Agreement between the European Community and the Government of the Russian Federation on cooperation in fisheries and the conservation of the living marine resources in the Baltic Sea

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1)	The Community and the Government of the Russian Federation have negotiated and initialled an Agreement on cooperation in fisheries and the conservation of the living marine resources in the Baltic Sea.

(2)	The Agreement provides for a close cooperation between the Parties on the basis of the principle of equitable and mutual benefit for the purpose of conservation, sustainable exploitation and management of any straddling, associated and dependent stocks in the Baltic Sea.

(3)	It is in the interest of the Community to approve that Agreement,

HAS ADOPTED THIS REGULATION:

Article 1

The Agreement between the European Community and the Government of the Russian Federation on cooperation in fisheries and the conservation of the living marine resources in the Baltic Sea is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Regulation.

Article 2

The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in order to bind the Community.

Article 3

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 March 2009.

For the Council

The President

P. GANDALOVIČ

(1) OJ C 102 E, 24.4.2008, p. 86.

AGREEMENT

between the European Community and the Government of the Russian Federation on cooperation in fisheries and the conservation of the living marine resources in the Baltic Sea

THE EUROPEAN COMMUNITY

and

THE GOVERNMENT OF THE RUSSIAN FEDERATION,

hereinafter referred to as the ‘Parties’,

NOTING that the Convention on Fishing and Conservation of the Living Resources in the Baltic Sea and the Belts (Gdansk Convention) of 1973 will cease to be applied on 1 January 2007,

RECOGNISING that following the accession of Sweden and Finland to the Community on 1 January 1995 and Estonia, Latvia, Lithuania and Poland on 1 May 2004, elements of the fisheries agreements pertaining to maritime fisheries in the Baltic Sea concluded respectively by the Governments of the Republic of Latvia, the Kingdom of Sweden, the Republic of Finland, the Republic of Estonia, the Republic of Poland and the Republic of Lithuania with the Government of the Russian Federation are now managed by the Community,

RECOGNISING the necessity to replace these fisheries agreements, insofar as they concern the maritime fisheries in the Baltic Sea, and the Gdansk Convention of 1973, with a new agreement between the European Community and the Government of the Russian Federation,

AFFIRMING their common desire to ensure the conservation and long-term sustainable management and exploitation of the fish stocks in the Baltic Sea,

GUIDED by the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 and of the United Nations Agreement for the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 December 1995,

GUIDED by the Agreement on partnership and cooperation establishing a partnership between the European Community and its Member States, of the one part, and the Russian Federation, of the other part of 24 June 1994, hereinafter referred to as the ‘PCA’, and with a common desire to intensifying these relations,

TAKING INTO ACCOUNT the Code of Conduct for Responsible Fisheries adopted by the Council of the Food and Agriculture Organisation of the United Nations at the FAO Conference in 1995,

TAKING INTO ACCOUNT the Johannesburg Declaration on Sustainable Development adopted by the World Summit on Sustainable Development in September 2002,

CONSIDERING that some of the living marine resources of the Baltic Sea consists of straddling stocks migrating between the Exclusive Economic Zones of the two Parties and associated and dependent stocks, and that an effective conservation and sustainable exploitation of these stocks can therefore only be achieved through cooperation between the Parties in fisheries management as well as through control and enforcement,

RECOGNISING that the Parties are committed to developing an ecosystem based approach to fisheries management based on the best available scientific advice and based on respecting the duties of the coastal State to ensure proper conservation and management measures for the maintenance of the living resources in the Exclusive Economic Zone in accordance with the United Nations Convention of the Law of the Sea of 10 December 1982,

DESIROUS to continue their cooperation in the framework of the appropriate international fisheries organisations for the purpose of the joint conservation, sustainable exploitation and management of all relevant fishery resources and confirming the intention of the Parties to continue to develop the principles enshrined in the Gdansk Convention,

RECOGNISING the importance of scientific research for the conservation, sustainable exploitation and management of fishery resources, in particular within the context of the International Council for the Exploration of the Sea (ICES) and desirous to promote further cooperation in this field,

HAVE AGREED AS FOLLOWS:

Article 1

Use of terms

For the purpose of this Agreement:

(a)	‘Exclusive Economic Zone of the Parties’ means Exclusive Economic Zone of the Russian Federation and the Exclusive Economic Zones of the Member States of the European Community, respectively;

(b)	‘territorial sea of the Parties’ means the territorial sea of the Russian Federation and the territorial sea of the Member States of the European Community, respectively;

(c)	‘living marine resources’ means available living marine species, including anadromous and catadromous species;

(d)	‘fishing vessels of the Parties’ means fishing vessels flying the flag of the Russian Federation and fishing vessels flying the flag of Member States of the European Community, respectively, equipped for the commercial fisheries exploitation of living marine resources;

(e)	‘sustainable exploitation’ means the exploitation of a stock in such a way that the future exploitation of the stock will not be prejudiced and that it does not have a negative impact on the marine eco-systems;

(f)	‘straddling stocks’ means any stock of fish that migrates regularly across the delimitations of Exclusive Economic Zones of the Parties in the Baltic Sea;

(g)	‘fishing effort’ means the product of the capacity and the activity of a fishing vessel; for a group of vessels it is the sum of the fishing effort of all vessels in the group;

(h)	‘precautionary approach to fisheries management’ means that the absence of adequate scientific information should not be used as a reason for postponing or failing to take management measures to conserve target species, associated or dependent species and non-target species and their environment.

Article 2

Geographical area to which the Agreement applies

The geographical area to which this Agreement applies, hereinafter referred to as ‘the Baltic Sea’, means all waters of the Baltic Sea and the Belts, excluding internal waters, bounded in the west by a line as from Hasenore Head to Gniben Point, from Korshage to Spodsbierg and from Gilbierg Head to the Kullen.

Article 3

Territorial application

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the Russian Federation.

Article 4

Objectives

1. The objective of this Agreement is to ensure a close cooperation between the Parties on the basis of the principle of equitable and mutual benefit for the purpose of conservation, sustainable exploitation and management of any straddling, associated and dependent stocks in the Baltic Sea.

2. The Agreement lays down the principles and procedures relating to the close cooperation between the Parties with the purpose of ensuring that the exploitation of the straddling, associated and dependent stocks in the Baltic Sea provides sustainable economic, environmental and social conditions.

3. The Parties shall base their cooperation on the best scientific advice available and on any other relevant data, shall apply the precautionary approach and shall agree to develop an eco-system based approach to fisheries management.

Article 5

Joint management measures

1. Each Party may, on the basis of the principle of mutual benefit and in compliance with its own legislation, allow fishing vessels of the other Party to fish within the Exclusive Economic Zone of this Party in the Baltic Sea.

2. The Parties may exchange quotas in the Baltic Sea on a reciprocal basis.

3. To achieve the objectives of this Agreement the Parties shall establish measures governing the exploitation of the straddling stocks in the Baltic Sea, while taking into account associated and dependent species. The measures may include, inter alia:

(a)

Total allowable catches (TACs) for the straddling stocks and groups of straddling stocks as well as allocations between the Parties. The allocations shall be based on the historical distribution of fishing possibilities taking into account the need to have a more stock specific management as advised by ICES;

(b)	Long-term management plans for the fisheries on straddling stocks;

(c)	Limitation of fishing effort; and

(d)	Technical measures.

4. The implementation of the provisions of paragraphs 1, 2 and 3 of this Article shall be dealt with in a Joint Baltic Sea Fisheries Committee referred to in Article 14 of this Agreement.

Article 6

Autonomous management measures by the Parties

1. Each Party shall establish total allowable catches and long-term management plans for non-straddling stocks in the Baltic Sea, while taking into account associated and dependent species.

2. If, in the framework of the Joint Baltic Sea Fisheries Committee referred to in Article 14 of this Agreement, it has not been possible to agree on appropriate management measures to be recommended to their respective authorities, the Parties shall establish autonomous measures in order to ensure that the objectives as set out in Article 4 of this Agreement are achieved on the management of the exploitation and conservation of living marine resources of the Baltic Sea, while taking into account associated and dependent species.

3. Measures taken pursuant to paragraph 2 of this Article shall be based on objective scientific criteria and shall not discriminate in fact or in law against the other Party.

4. In addition to recommendations on measures adopted by the Joint Baltic Sea Fisheries Committee each Party may establish such conservation and management measures as it deems necessary to achieve the objectives as set out in Article 4 of this Agreement.

5. The measures to regulate fisheries taken by each Party within its Exclusive Economic Zone and its territorial sea for the purpose of conservation shall be based on objective and scientific criteria, while taking into account associated and dependent species, and shall not discriminate in fact or in law against the other Party.

Article 7

Licensing

1. Each Party shall require that fishing in specified areas of its Exclusive Economic Zone in the Baltic Sea by fishing vessels of the other Party shall be subject to licence (permit).

2. The competent authority of each Party shall communicate in due time to the other Party the name, registration number, and other relevant particulars of the fishing vessels which shall be eligible to fish within the specified areas of the Exclusive Economic Zone of the other Party in the Baltic Sea.

3. The implementation of the conditions for the licensing shall be in accordance with recommendations adopted by the Joint Baltic Sea Fisheries Committee as referred to in Article 14 of this Agreement.

4. Upon receiving the licence (permit) application, each Party shall, in compliance with its applicable legislation, issue the license (permit) required for fishing within specified areas of its Exclusive Economic Zone in the Baltic Sea.

Article 8

Compliance with conservation and management measures as well as other fisheries regulations

1. Each Party shall, in accordance with its own laws, regulations and administrative rules, take the necessary steps to ensure the observance by their fishing vessels of rules and regulations established in law by the other Party for the exploitation of fishery resources in the Exclusive Economic Zone of that other Party in the Baltic Sea.

2. Each Party may, in respect of its Exclusive Economic Zone in the Baltic Sea and in accordance with applicable legislation and international law, take such measures as may be necessary to ensure compliance with the provisions of this Agreement by the fishing vessels of the other Party.

3. Each Party shall notify the other Party, in advance and in the appropriate manner, of regulations and measures for regulating fishing as well as of any amendments to those regulations and measures.

4. Each Party shall take such measures as may be necessary to ensure compliance with the provisions of this Agreement within its Exclusive Economic Zone and within its territorial sea.

Article 9

Control and enforcement cooperation

The Parties shall cooperate on control and enforcement in the Baltic Sea. To this end, the Parties agree to establish a plan for the exchange of control and enforcement strategies.

Article 10

Inspections

Each Party shall agree to inspections on its fishing vessels carried out by the competent bodies of the other Party responsible for fishing operations in its Exclusive Economic Zone in the Baltic Sea. Each Party shall facilitate such inspections for the purpose of monitoring the observance of the regulatory measures and regulations referred to in Article 8 of this Agreement.

Article 11

Arrest and detention of vessels

1. The competent bodies of each Party shall, in case of arrest or detention of fishing vessels of the other Party, promptly notify the competent bodies of that Party through diplomatic channels or other official channels of the action taken and any penalties subsequently imposed.

2. The competent bodies of each Party shall promptly release fishing vessels and crews which are arrested upon the posting of reasonable amount of bail or other security by the ship owner or his representative, determined in accordance with applicable legislation of the Russian Federation and the Member States of the European Community.

Article 12

Scientific cooperation

1. The Parties shall request ICES to provide scientific advice for straddling, associated and dependent stocks in the Baltic Sea in order to provide the basis for the adoption of joint management measures for these stocks.

2. The Parties undertake within the framework of ICES to cooperate in the conduct of the scientific research of relevance to this Agreement.

3. The Parties shall encourage cooperation amongst scientists and experts concerning fisheries issues of reciprocal interest including in the fields of aquaculture.

Article 13

Anadromous and catadromous species

1. The Parties shall cooperate for the purpose of the conservation of anadromous and catadromous species in accordance with the United Nations Convention on the Law of the Sea, in the framework of this Agreement and relevant international arrangements, in order to promote the conservation, restoration, enhancement and rational management of these stocks in the Baltic Sea.

2. Notwithstanding the geographical area of application of the Agreement defined in Article 2 of this Agreement, the Parties may agree to extend cooperation on the management of anadromous and catadromous species, but excluding such species which live their entire life cycle in internal waters.

Article 14

Joint Baltic Sea Fisheries Committee

1. To achieve the objectives of this Agreement, the Parties shall establish a Joint Baltic Sea Fisheries Committee (hereafter referred to as ‘the Committee’).

2. Each Party shall appoint its representative and assistant representative to the Committee and inform the other Party through official channels thereof.

3. The Committee shall consider all issues pertaining to the scope and application of this Agreement and provide recommendations to the Parties.

4. The Committee shall, in particular:

(a)	Examine the development and dynamics of the straddling, associated and dependent stocks in the Baltic Sea and the fisheries exploiting them;

(b)	Supervise the implementation, interpretation and smooth operation of the Agreement, in particular on the provisions on control, enforcement and inspection;

(c)	Ensure the necessary liaison concerning matters of common interest relating to fisheries;

(d)	Serve as a forum for the amicable resolution of disputes which might arise regarding the interpretation or application of this Agreement.

5. The Committee shall meet, as agreed by the Parties, at least once a year, alternately in the territory of each Party with a view to recommending to the respective authorities for the relevant fisheries and stocks in the Baltic Sea measures as laid down in Article 5 of this Agreement. The Committee shall meet in extraordinary session at the request of either of the Parties.

6. The Committee shall, where appropriate, establish additional bodies to fulfil its functions.

7. The Committee shall adopt its own rules of procedure at the first meeting.

Article 15

Consultations between the Parties

The Parties shall consult on questions relating to the implementation and proper functioning of this Agreement, or in the event of a dispute concerning the interpretation or application thereof.

Article 16

International cooperation

The Parties shall cooperate within the framework of relevant international organisations on management and conservation matters of mutual interest, which may be considered by such international organisations.

Article 17

Saving clause

1. Nothing contained in this Agreement shall affect or prejudice in any manner the positions or the views of either Party with respect to their rights or obligations under international fisheries agreements and the positions or the views with respect to any question relating to the Law of the Sea.

2. This Agreement is without prejudice to the delimitation of the Exclusive Economic Zones of the Parties.

Article 18

Entry into force

1. This Agreement shall be applied provisionally from the date of signature and shall enter into force from the date of receiving the last written notification that all internal procedures required for its coming into force, have been fulfilled by the Parties.

2. At the date of entry into force of the Agreement, insofar as the following agreements concern maritime fisheries in the Baltic Sea, the Agreement shall supersede the fisheries agreements concluded between the Government of the Republic of Latvia and the Government of the Russian Federation signed on 21 July 1992, between the Government of the Kingdom of Sweden and the Government of the Russian Federation signed on 11 December 1992, between the Government of the Republic of Finland and the Government of the Russian Federation signed on 11 March 1994, between the Government of the Republic of Estonia and the Government of the Russian Federation signed on 4 May 1994, between the Government of the Republic of Poland and the Government of the Russian Federation signed on 5 July 1995, and between the Government of the Republic of Lithuania and the Government of the Russian Federation signed on 29 June 1999.

Article 19

Duration of the Agreement

This Agreement shall remain in force for an initial period of six years after the date of its entry into force. In the event of the Agreement not being terminated by either Party through notice of termination given at least nine months before the expiry of that period, it shall remain in force for additional periods of three years duration thereafter, provided that notice of termination has not been given at least nine months before the expiry of any such period.

Article 20

Languages

Done at Brussels, in duplicate, on the twenty-eighth day of April in the year 2009 in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Romanian, Slovakian, Slovenian, Spanish, Swedish and Russian languages, all texts being equally authentic. In case of dispute the English and Russian texts of this Agreement shall be determinative.

За Европейската общност

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

Az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Pentru Comunitatea Europeană

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

За Европейское сообшество

За правителството на Руската федерация

Por el Gobierno de la Federación de Rusia

Za vládu Ruské federace

På regeringen for Den Russiske Føderations vegne

Für die Regierung der Russischen Föderation

Venemaa Föderatsiooni valitsuse nimel

Για την Κυβέρνηση της Ρωσικής Ομοσπονδίας

For the Government of the Russian Federation

Pour le gouvernement de la Fédération de Russie

Per il Governo della Federazione russa

Krievijas Federācijas valdības vārdā

Rusijos Federacijos Vyriausybės vardu

Az Orosz Föderáció részéről

Għall-Gvern tal-Federazzjoni Russa

Voor de regering van de Russische Federatie

W imieniu rządu Federacji Rosyjskiej

Pelo Governo da Federação da Rússia

Pentru Guvernul Federației Ruse

Za vládu Ruskej federácie

Za Vlado Ruske federacije

Venäjän federaation hallituksen puolesta

För Ryska federationens regering

За Правителъство Российской Федерации

28.5.2009

Official Journal of the European Union

L 129/10

COMMISSION REGULATION (EC) No 441/2009

of 27 May 2009

amending Regulation (EC) No 1580/2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Articles 103h and 127 in conjunction with Article 4 thereof,

Whereas:

(1)

Article 53(5) of Commission Regulation (EC) No 1580/2007 (2) provides that where recently recognised producer organisations have insufficient historical data on marketed production for the application of paragraph 2 of that Article, the value of the marketed production may be considered to be the value of marketable production and that this shall be calculated as the average value of the marketed production for the three previous years of all producers who are members of the producer organisation when the application for recognition is submitted.

(2)

In the interest of legal certainty, it should be made clear that the average value of marketable production in the three-year period in Article 53(5) of Regulation (EC) No 1580/2007 should be calculated by way of reference to the periods during those three years in which the producers were actually producing fruit and vegetables and that periods during which no fruit and vegetables were produced should be disregarded.

(3)

Articles 93 to 97 of Regulation (EC) No 1580/2007 implement Article 103e of Regulation (EC) No 1234/2007 on national financial assistance for producer organisations in regions where the degree of organisation of producers in the fruit and vegetable sector is particularly low, which should contribute to improve the degree of organisation of producers in such regions. National financial assistance should be directly linked to the production in those regions. Therefore, it should be clarified in Article 93 of Regulation (EC) No 1580/2007 that only products of the fruit and vegetable sector produced in regions where the degree of organisation of producers in the fruit and vegetable sector is particularly low may benefit from national financial assistance.

(4)

The second subparagraph of Article 94(1) of Regulation (EC) No 1580/2007 concerns the information that should be accompanied in a Member State’s request for national financial assistance. It is appropriate to require Member States that submit such a request to prove that the assistance is only granted for production that originates in the region where the degree of organisation of producers in the fruit and vegetable sector is particularly low, especially where producer organisations operating on its territory are active in more than one region.

(5)

Article 2 of Commission Regulation (EC) No 1943/2003 (3) allowed producer groups to include processing aids in the value of marketed production. This principle should be maintained for producer groups which were granted preliminary recognition under Council Regulation (EC) No 2200/96 (4) until processing aids systems are phased out. It is appropriate that producer groups referred to in Article 203a(4) of Regulation (EC) No 1234/2007 may continue to calculate processing aids received on the basis of Commission Regulations (EC) No 1621/1999 (5), (EC) No 1622/1999 (6), (EC) No 1535/2003 (7) and (EC) No 2111/2003 (8) into their sales. Such producer groups should be allowed to lodge an additional application for the aid referred to in Article 103a(1)(a) of Regulation (EC) No 1234/2007 to be calculated on the basis of this additional value of marketed production if these processing aid were not taken into account in the earlier standard applications. It is appropriate to lay down the rules for calculating the aid referred to in Article 103a(1)(a) of Regulation (EC) No 1234/2007 as regards producer groups in Member States which acceded to the European Union on 1 May 2004 or thereafter with annual segments of recognition plans that started in 2007 and ended in 2008.

(6)

Following the reform of the common organisation of the fruit and vegetables sector, certain culinary herbs are since 1 January 2008 subject to the rules applicable to this sector. As a result, from that 1 January 2008 onwards, Member States may recognise as producer organisations operators that are specialised in, or which production includes, the culinary herbs listed in Part IX of Annex I to Regulation (EC) No 1234/2007, including: saffron, thyme, fresh or chilled, basil, melissa, mint, origanum vulgare (oregano/wild marjoram), rosemary and sage, fresh or chilled. However, the application of Article 53(2) of Regulation (EC) No 1580/2007 to producer organisations which members started producing culinary herbs before 2008 resulted in a strict and short period for the inclusion of the value of these products into the value of the marketed production for the operational programmes for 2008 and 2009. It is therefore appropriate to allow producer organisations to include the value of those products into the value of the marketed production for operational programmes implemented in 2008 and 2009.

(7)	Regulation (EC) No 1580/2007 should therefore be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1580/2007 is amended as follows:

In Article 53, paragraph 5 is replaced by the following:

‘5. Where recently recognised producer organisations have insufficient historical data on marketed production for the application of paragraph 2 the value of marketed production may be considered to be the value of marketable production provided by the producer organisation for the purposes of recognition. This shall be calculated as the average value of the marketed production for the period during those three years in which the producers who are members of the producer organisation when the application for recognition is submitted were actually producing.’

Article 93 is replaced by the following:

‘Article 93

Degree of organisation of producers

For the purposes of Article 103e(1) of Regulation (EC) No 1234/2007, the degree of organisation of producers in a region of a Member State shall be considered as particularly low where producer organisations, associations of producer organisations and producer groups have marketed less than 20 % of the average value of the fruit and vegetable production that was obtained in that region during the last three years for which the data are available.

Only fruit and vegetable production generated in the region referred to in the first paragraph may benefit from national financial assistance.’

in Article 94(1), the second subparagraph is replaced by the following:

‘The request shall be accompanied by evidence showing that the degree of organisation of producers in the region concerned is particularly low, as defined in Article 93 of this Regulation, that only products of the fruit and vegetable sector produced in that region benefit from assistance, as well as details of the producer organisations concerned, the amount of assistance concerned and the proportion of financial contributions being made pursuant to Article 103b of Regulation (EC) No 1234/2007.’;

in Article 152, the following paragraphs are added:

‘11. By way of derogation from Article 44(1) of this Regulation, the calculation of value of marketed production of the producer groups referred to in Article 203a(4) of Regulation (EC) No 1234/2007 shall for the sales realised in 2007, 2008 and 2009 include aids received on the basis of Commission Regulations (EC) No 1621/1999 (*1), (EC) No 1622/1999 (*2), (EC) No 1535/2003 (*3) and (EC) No 2111/2003 (*4).

As regards producer groups in Member States which acceded to the European Union on 1 May 2004 or thereafter with annual segments of recognition plans that started in 2007 and end in 2008, the annual support referred to in Article 103a(1)(a) of Regulation (EC) No 1234/2007 is calculated as the sum of the value of sales invoiced in the relevant part of 2007 multiplied by the rate relevant for the annual segment considered and the value of sales invoiced in 2008 multiplied by the new rate relevant for the annual segment considered.

12. By way of derogation from Article 47(1) of this Regulation, the producer groups referred to in Article 203a(4) of 1234/2007 may submit a separate application for the aid referred to in Article 103a(1)(a) of that Regulation for the processing aids received on the basis of Regulations (EC) No 1621/1999, (EC) No 1622/1999, (EC) No 1535/2003and (EC) No 2111/2003 for marketing years 2006/2007 and 2007/2008 if they were not taken into account in earlier applications.

13. By way of derogation from Article 53 of this Regulation, where producer organisations have produced culinary herbs that are listed in Part IX of Annex I to Regulation (EC) No 1234/2007, namely saffron; thyme, fresh or chilled; basil; melissa; mint; origanum vulgare (oregano/wild marjoram); rosemary and sage, fresh or chilled, in 2008 and 2009, the value of the marketed production for those products for operational programmes implemented in those years shall be calculated as the actual value of the marketed production for the 12 month-period in which the operational programme was implemented.

(*1) OJ L 192, 24.7.1999, p. 21."

(*2) OJ L 192, 24.7.1999, p. 33."

(*3) OJ L 218, 30.8.2003, p. 14."

(*4) OJ L 317, 2.12.2003, p. 5.’ "

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

Points 2 and 3 of Article 1 shall apply to operational programmes implemented as from 1 January 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2009.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 299, 16.11.2007, p. 1.

(2) OJ L 350, 31.12.2007, p. 1.

(3) OJ L 286, 4.11.2003, p. 5.

(4) OJ L 297, 21.11.1996, p. 1.

(5) OJ L 192, 24.7.1999, p. 21.

(6) OJ L 192, 24.7.1999, p. 33.

(7) OJ L 218, 30.8.2003, p. 14.

(8) OJ L 317, 2.12.2003, p. 5.

28.5.2009

Official Journal of the European Union

L 129/13

COMMISSION REGULATION (EC) No 442/2009

of 27 May 2009

opening and providing for the administration of Community tariff quotas in the pigmeat sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (‘Single CMO’ Regulation) (1), and in particular Article 144(1) and Article 148 in conjunction with Article 4 thereof,

Whereas:

(1)	In the framework of the World Trade Organisation, the Community has undertaken to open import tariff quotas for certain products in the pigmeat sector.

(2)

The agreement in the form of an exchange of letters between the European Community and the United States of America pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) of 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, in the course of their accession to the European Union, approved by Council Decision 2006/333/EC (2), provides for the opening of a specific import tariff quota allocated to the United States for imports of 4 722 tonnes of pigmeat.

(3)	The Agreement between the European Community and the Government of Canada on the conclusion of GATT Article XXIV:6 negotiations, approved by Council Decision 2007/444/EC (3), provides for the incorporation of a specific import tariff quota of 4 624 tonnes of pigmeat allocated to Canada.

(4)

The detailed rules for the application of the management of all these import tariff quotas, hereinafter referred to as ‘the quotas’, are currently laid down by Commission Regulation (EC) No 806/2007 of 10 July 2007 opening and providing for the administration of tariff quotas in the pigmeat sector (4), Commission Regulation (EC) No 812/2007 of 11 July 2007 opening and providing for the administration of a tariff quota for pigmeat allocated to the United States of America (5), Commission Regulation (EC) No 979/2007 of 21 August 2007 opening and providing for the administration of an import tariff quota for pigmeat originating in Canada (6), and Commission Regulation (EC) No 1382/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 774/94 concerning the import arrangements for pigmeat (7).

(5)

The use of the ‘first come, first served’ principle has turned out to be positive in other agricultural sectors and, with the aim of simplifying administrative procedures, the majority of quotas, not used very frequently, which come under Regulation (EC) No 806/2007 and Regulation (EC) No 1382/2007 should now be managed using the method indicated in Article 144(2)(a) of Regulation (EC) No 1234/2007. This should be done in accordance with Articles 308a, 308b and 308c(1) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (8).

(6)

The two tariffs relating to boned loins and hams, fresh, chilled or frozen, coming under CN codes ex 0203 19 55 and ex 0203 29 55 and bearing numbers 09.4038 and 09.4170 and the tariff for pigmeat originating from Canada and bearing number 09.4204, experience of which is still low, should continue to be managed using the simultaneous examination method. Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (9) should apply to these three tariffs, unless otherwise provided by this Regulation.

(7)	Due to the particularities of the transfer from one administrative system to the other, it is important that the tariffs managed using the ‘first come, first served’ system should be regarded as non-critical within the meaning of Article 308c of Regulation (EEC) No 2454/93.

(8)	Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (10) should apply, unless otherwise provided in this Regulation.

(9)

It is important to define the methods for submitting import licence applications, the information needed to be contained in such applications and licences as well as the amount of the security relating to import licences. In view of the speculative risk inherent in the method in question in the pigmeat sector, precise conditions relating to operators’ access to the tariff quota scheme also need to be laid down.

(10)	Regulations (EC) No 806/2007, (EC) No 812/2007, (EC) No 979/2007 and (EC) No 1382/2007 should therefore be repealed and replaced by a new regulation. However, it is appropriate to maintain these applicable regulations for the import tariff periods prior to those covered by this Regulation.

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

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Opening and management of tariffs

1. This Regulation opens and manages import tariff quotas for the pigmeat sector products indicated in Annex I.

2. The tariffs indicated in Annex I, Part A, to this Regulation shall be managed in accordance with Articles 308a, 308b and 308c(1) of Regulation (EEC) No 2454/93. Article 308c(2) and (3) of that Regulation shall not apply.

3. The quotas indicated in Annex I, part B shall be managed using the simultaneous examination of applications method.

4. As regards the tariffs indicated in Annex I, part B to this Regulation, the provisions of Regulation (EC) No 1301/2006 and Regulation (EC) No 376/2008 shall apply, unless otherwise provided in this Regulation.

Article 2

Import tariff period

The tariffs referred to in Article 1 shall be open on an annual basis from 1 July of each year until 30 June of the following year, with the exception of the tariff bearing order No 09.0119 which shall be open from 1 January to 31 December of each year.

Article 3

Products falling within CN codes ex 0203 19 55 and ex 0203 29 55

1. For the purposes of this Regulation, of the products coming under CN codes ex 0203 19 55 and ex 0203 29 55 , quotas bearing order numbers 09.4038, 09.0118 and 09.4170 shall comprise:

(a) ‘boneless loins’: loins and cuts thereof, without tenderloin, with or without subcutaneous fat or rind;

(b) ‘tenderloin’: cuts including the meats of muscles musculus major psoas and musculus minor psoas, with or without head, trimmed or not trimmed.

2. For the purposes of this Regulation, of the products coming under CN codes ex 0203 19 55 and ex 0203 29 55 , quotas bearing order numbers 09.4038, 09.0123 and 09.4204 shall include ham and cuts of ham.

CHAPTER II

TARIFFS MANAGED USING THE SIMULTANEOUS EXAMINATION OF APPLICATIONS METHOD

Article 4

Quota allocation

The quantity set for the annual tariff quota period referred to in Annex I, part B, shall be allocated in four tariff subperiods as follows:

(a)	25 % from 1 July to 30 September;

(b)	25 % from 1 October to 31 December;

(c)	25 % from 1 January to 31 March;

(d)	25 % from 1 April to 30 June.

Article 5

Applicants

For the purposes of applying Article 5 of Regulation (EC) No 1301/2006, import licence applicants shall, when submitting their first application for a given annual quota period, furnish proof that they imported or exported, during each of the two periods referred to in that Article, at least 50 tonnes of products from the pigmeat sector within the meaning of Article 1(1)(q) of Regulation (EC) No 1234/2007.

Article 6

Import licence applications and import licences

1. Licence applications may refer to only one order number. They may concern several products covered by different CN codes. In that case, all the CN codes and their designations must be entered in boxes 16 and 15 of the licence application and the licence respectively.

2. Licence applications must be for a minimum of 20 tonnes and a maximum of 20 % of the quantity available for the quota concerned in the quota subperiod in question.

3. Licence applications and licences themselves shall contain:

(a)	in box 8, the name of the country of origin;

(b)	in box 20, one of the entries listed in Annex II, Part A.

For tariffs 09.4170 and 09.4204, ‘yes’ in box 8 is also marked by a cross.

4. Box 24 of the licence shall contain one of the references appearing in Annex II, part B.

5. The licences shall require imports from:

(a)	the United States of America in respect of tariff No 09.4170;

(b)	Canada in respect of tariff No 09.4204.

6. Import licence applications shall be lodged during the first seven days of the month preceding each tariff subperiod referred to in Article 4.

7. A security of EUR 20 per 100 kilograms shall be lodged at the time of submitting a licence application.

8. As regards tariff No 09.4038, by way of derogation from Article 6(1) of Regulation (EC) No 1301/2006, each applicant may submit several import licence applications for products covered by a single order number, if those products originate in different countries. Applications relating to separate countries of origin must be submitted simultaneously to the competent authority of a Member State. They shall be regarded as a single application for the purposes of the maximum referred to in paragraph 2 of this Article.

Article 7

Issue of import licences

Import licences shall be issued by Member States from the 23rd day of the month in which applications are submitted and prior to the start of the relevant tariff subperiod.

Article 8

Transmission to the Commission

1. The communication of licence applications, as referred to in Article 11(1)(a) of Regulation (EC) No 1301/2006, shall take place by the 14th day of the month in which applications are submitted.

2. By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006:

(a)	communication as referred to in Article 11(1)(b) of the said Regulation shall be carried out by the end of the first month of each tariff subperiod;

(b)

communication as referred to in Article 11(1)(c) of the said Regulation shall be carried out for the first time at the same time as the application for the last tariff subperiod, and for the second time prior to the end of the fourth month following each annual period for quantities not yet notified at the time of the first communication.

3. Member States shall communicate to the Commission, before the end of the fourth month following each annual quota period, the quantities, for each order number, actually released into free circulation under this Regulation in the period concerned.

4. The quantities covered by paragraphs 1, 2 and 3 above shall be expressed in kilograms.

Article 9

Validity of import licences

1. By way of derogation from Article 22 of Regulation (EC) No 376/2008, import licences shall be valid for 150 days from the first day of the tariff subperiod for which they are issued.

2. Without prejudice to Article 8(1) of Regulation (EC) No 376/2008, rights deriving from the licences may be transferred only to transferees satisfying the eligibility conditions set out in Article 5 of Regulation (EC) No 1301/2006 and Article 5 of this Regulation.

Article 10

Origin of products

1. The origin of the products covered by this Regulation shall be determined in accordance with the Community rules in force.

2. As regards tariff No 09.4170, when goods are released into free circulation they shall be subject to the presentation of a certificate of origin issued by the competent authorities of the United States of America in accordance with Articles 55 to 65 of Regulation (EEC) No 2454/93.

3. As regards tariff No 09.4204, when goods are released into free circulation they shall be subject to the presentation of a certificate of origin issued by the competent authorities of Canada in accordance with Articles 55 to 65 of Regulation (EEC) No 2454/93.

CHAPTER III

FINAL PROVISIONS

Article 11

Repeals

Regulations (EC) No 806/2007, (EC) No 812/2007, (EC) No 979/2007 and (EC) No 1382/2007 are repealed.

However, Regulation (EC) No 1382/2007 shall continue to apply for import tariff periods prior to 1 January 2010.

Regulations (EC) No 806/2007, (EC) No 812/2007 and (EC) No 979/2007 shall continue to apply for import tariff periods prior to 1 July 2009.

Article 12

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply to the import quota periods opened from 1 July 2009. Nevertheless, as regards tariff No 09.0119, it shall apply to the import tariff periods opened from 1 January 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2009.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

(1) OJ L 299, 16.11.2007, p. 1.

(2) OJ L 124, 11.5.2006, p. 13.

(3) OJ L 169, 29.6.2007, p. 53.

(4) OJ L 181, 11.7.2007, p. 3.

(5) OJ L 182, 12.7.2007, p. 7.

(6) OJ L 217, 22.8.2007, p. 12.

(7) OJ L 309, 27.11.2007, p. 28.

(8) OJ L 253, 11.10.1993, p. 1.

(9) OJ L 238, 1.9.2006, p. 13.

(10) OJ L 114, 26.4.2008, p. 3.

ANNEX I

Notwithstanding the rules on the interpretation of the Combined Nomenclature, the wording of the description of products must be regarded as merely indicative, since the applicability of the preferential arrangements is determined, within the context of this Annex, by the scope of the CN codes. Where ‘ex’ CN codes are indicated, the application of the preferential scheme is to be determined on the basis of the CN code and corresponding description taken together.

PART A

Quotas managed on the basis of the ‘first come, first served’ principle

Order number	CN codes	Description of goods	Quantity in tonnes (weight of product)	Duty applicable (EUR/tonne)
09.0118	ex 0203 19 55 ex 0203 29 55	Tenderloin, fresh, chilled or frozen	5 000	300
09.0119	0203 19 13 0203 29 15	Pigmeat, fresh, chilled or frozen	7 000	0
09.0120	1601 00 91	Sausages, dry or for spreading, uncooked	3 002	747
09.0120	1601 00 99	Other	3 002	502
09.0121	1602 41 10	Other prepared or preserved meat, meat offal or blood	6 161	784
	1602 42 10			646
	1602 49 11			784
	1602 49 13			646
	1602 49 15			646
	1602 49 19			428
	1602 49 30			375
	1602 49 50			271
09.0122	0203 11 10 0203 21 10	Carcases and half-carcases, fresh, chilled or frozen	15 067	268
09.0123	0203 12 11	Cuts, fresh, chilled or frozen, boned and with bone in, excluding tenderloin, presented alone	5 535	389
	0203 12 19			300
	0203 19 11			300
	0203 19 13			434
	0203 19 15			233
	ex 0203 19 55			434
	0203 19 59			434
	0203 22 11			389
	0203 22 19			300
	0203 29 11			300
	0203 29 13			434
	0203 29 15			233
	ex 0203 29 55			434
	0203 29 59			434

PART B

Quotas managed using the simultaneous examination method

Order number	CN codes	Description of goods	Quantity in tonnes (weight of product)	Duty applicable (EUR/tonne)
09.4038	ex 0203 19 55 ex 0203 29 55	Boned loins and hams, fresh, chilled or frozen	35 265	250
09.4170	ex 0203 19 55 ex 0203 29 55	Boned loins and hams, fresh, chilled or frozen, originating from the United States of America	4 722	250
09.4204	0203 12 11	Cuts, fresh, chilled or frozen, boned and with bone in, excluding tenderloin, presented alone, originating from Canada	4 624	389
	0203 12 19			300
	0203 19 11			300
	0203 19 13			434
	0203 19 15			233
	ex 0203 19 55			434
	0203 19 59			434
	0203 22 11			389
	0203 22 19			300
	0203 29 11			300
	0203 29 13			434
	0203 29 15			233
	ex 0203 29 55			434
	0203 29 59			434

ANNEX II

PART A

Entries referred to in point (b) of the first subparagraph of Article 6(3)

in Bulgarian	:	Регламент (ЕО) № 442/2009.
in Spanish	:	Reglamento (CE) no 442/2009.
in Czech	:	Nařízení (ES) č. 442/2009.
in Danish	:	Forordning (EF) nr. 442/2009.
in German	:	Verordnung (EG) Nr. 442/2009.
in Estonian	:	Määrus (EÜ) nr 442/2009.
in Greek	:	Kανονισμός (ΕΚ) αριθ. 442/2009.
in English	:	Regulation (EC) No 442/2009.
in French	:	Règlement (CE) no 442/2009.
in Italian	:	Regolamento (CE) n. 442/2009.
in Latvian	:	Regula (EK) Nr. 442/2009.
in Lithuanian	:	Reglamentas (EB) Nr. 442/2009.
in Hungarian	:	442/2007/EK rendelet.
in Maltese	:	Ir-Regolament (KE) Nru 442/2009.
in Dutch	:	Verordening (EG) nr. 442/2009.
in Polish	:	Rozporządzenie (WE) nr 442/2009.
in Portuguese	:	Regulamento (CE) n.o 442/2009.
in Romanian	:	Regulamentul (CE) nr. 442/2009.
in Slovak	:	Nariadenie (ES) č. 442/2009.
in Slovenian	:	Uredba (ES) št. 442/2009.
in Finnish	:	Asetus (EY) N:o 442/2009.
in Swedish	:	Förordning (EG) nr 442/2009.

PART B

Entries referred to in Article 6(4)

in Bulgarian	:	намаляване на общата митническа тарифа съгласно предвиденото в Регламент (ЕО) № 442/2009.
in Spanish	:	reducción del arancel aduanero común prevista en el Reglamento (CE) no 442/2009.
in Czech	:	snížení společné celní sazby tak, jak je stanoveno v nařízení (ES) č. 442/2009.
in Danish	:	toldnedsættelse som fastsat i forordning (EF) nr. 442/2009.
in German	:	Ermäßigung des Zollsatzes nach dem GZT gemäß Verordnung (EG) Nr. 442/2009.
in Estonian	:	ühise tollitariifistiku maksumäära alandamine vastavalt määrusele (EÜ) nr 442/2009.
in Greek	:	Μείωση του δασμού του κοινού δασμολογίου, όπως προβλέπεται στον κανονισμό (ΕΚ) αριθ. 442/2009.
in English	:	reduction of the common customs tariff pursuant to Regulation (EC) No 442/2009.
in French	:	réduction du tarif douanier commun comme prévu au règlement (CE) no 442/2009.
in Italian	:	riduzione del dazio della tariffa doganale comune a norma del regolamento (CE) n. 442/2009.
in Latvian	:	Regulā (EK) Nr. 442/2009 paredzētais vienotā muitas tarifa samazinājums.
in Lithuanian	:	bendrojo muito tarifo muito sumažinimai, nustatyti Reglamente (EB) Nr. 442/2009.
in Hungarian	:	a közös vámtarifában szereplő vámtétel csökkentése a 442/2009/EK rendelet szerint.
in Maltese	:	tnaqqis tat-tariffa doganali komuni kif jipprovdi r-Regolament (KE) Nru 442/2009.
in Dutch	:	Verlaging van het gemeenschappelijke douanetarief overeenkomstig Verordening (EG) nr. 442/2009.
in Polish	:	Cła WTC obniżone jak przewidziano w rozporządzeniu (WE) nr 442/2009.
in Portuguese	:	redução da Pauta Aduaneira Comum como previsto no Regulamento (CE) n.o 442/2009.
in Romanian	:	reducerea tarifului vamal comun astfel cum este prevăzut de Regulamentul (CE) nr. 442/2009.
in Slovak	:	Zníženie spoločnej colnej sadzby, ako sa ustanovuje v nariadení (ES) č. 442/2009.
in Slovenian	:	znižanje skupne carinske tarife v skladu z Uredbo (ES) št. 442/2009.
in Finnish	:	Asetuksessa (EY) N:o 442/2009 säädetty yhteisen tullitariffin alennus.
in Swedish	:	nedsättning av den gemensamma tulltaxan i enlighet med förordning (EG) nr 442/2009.

		ISSN 1725-2555 doi:10.3000/17252555.L_2009.129.eng
Official Journal of the European Union		L 129

English edition	Legislation	Volume 52 28 May 2009

Contents		I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory	page
		REGULATIONS
	*	Council Regulation (EC) No 439/2009 of 23 March 2009 concerning the conclusion of the Agreement between the European Community and the Government of the Russian Federation on cooperation in fisheries and the conservation of the living marine resources in the Baltic Sea	1
		Agreement between the European Community and the Government of the Russian Federation on cooperation in fisheries and the conservation of the living marine resources in the Baltic Sea	2
		Commission Regulation (EC) No 440/2009 of 27 May 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables	8
	*	Commission Regulation (EC) No 441/2009 of 27 May 2009 amending Regulation (EC) No 1580/2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector	10
	*	Commission Regulation (EC) No 442/2009 of 27 May 2009 opening and providing for the administration of Community tariff quotas in the pigmeat sector	13

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	MA	56,3
	MK	47,9
	TN	105,3
	TR	58,4
	ZZ	67,0
0707 00 05	JO	151,2
	MK	32,6
	TR	98,8
	ZZ	94,2
0709 90 70	JO	216,7
	TR	122,3
	ZZ	169,5
0805 10 20	EG	49,0
	IL	56,6
	MA	42,8
	TN	108,2
	TR	67,5
	US	42,7
	ZA	63,5
	ZZ	61,5
0805 50 10	AR	56,8
	TR	47,7
	ZA	64,7
	ZZ	56,4
0808 10 80	AR	73,8
	BR	82,0
	CL	81,6
	CN	73,9
	NZ	101,5
	US	101,9
	UY	71,7
	ZA	83,5
	ZZ	83,7
0809 20 95	US	272,9
0809 20 95	ZZ	272,9