31.8.2010   

EN

Official Journal of the European Union

L 228/1

(1)

It is necessary to take account of changes in the cost of living in countries outside the Union and to determine accordingly the weightings applicable from 1 July 2009 to remuneration paid in the currency of the country of employment to officials, temporary staff and contract staff serving in third countries.

(2)

The weightings in respect of which payment has been made on the basis of Council Regulation (EC) No 613/2009 (2) may lead to retrospective upward or downward adjustments to remuneration.

(3)

Provision should be made for back-payments in the event of an increase in remuneration as a result of the new weightings.

(4)

Provision should be made for the recovery of sums overpaid in the event of a reduction in remuneration as a result of the new weightings for the period from 1 July 2009 to the date of entry into force of this Regulation.

(5)

Provision should be made for any such recovery to be restricted to a period of no more than 6 months preceding the date of entry into force of this Regulation and for its effects to be spread over a period of no more than 12 months following that date, as is the case with the weightings applicable within the European Union to remuneration and pensions of officials and other servants of the European Union,

31.8.2010   

EN

Official Journal of the European Union

L 228/8

31.8.2010   

EN

Official Journal of the European Union

L 228/10

(1)

The questions of biodiversity and the conservation of plant genetic resources have grown in importance in recent years, as shown by different developments at international and EU level. Examples include Council Decision 93/626/EEC of 25 October 1993 concerning the conclusion of the Convention on Biological Diversity (2), Council Decision 2004/869/EC of 24 February 2004 concerning the conclusion, on behalf of the European Community, of the International Treaty on Plant Genetic Resources for Food and Agriculture (3), Council Regulation (EC) No 870/2004 of 26 April 2004 establishing a Community programme on the conservation, characterisation, collection and utilisation of genetic resources in agriculture and repealing Regulation (EC) No 1467/94 (4) and Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (5). Specific conditions should be established under the EU legislation governing the marketing of fodder plant seed mixtures, namely Directive 66/401/EEC, in order to take account of these issues.

(2)

To allow the marketing of fodder plant seed mixtures which are intended for use in the preservation of the natural environment in the context of the conservation of genetic resources (hereinafter preservation mixtures), even where the components of those mixtures do not comply with some of the general requirements for marketing provided for in Directive 66/401/EEC, it is necessary to provide for certain derogations.

(3)

To ensure that mixtures marketed as preservation mixtures fulfil the requirements of those derogations, it is necessary to provide that marketing of such mixtures is subject to authorisation. Authorisation should be granted on application.

(4)

As regards preservation mixtures containing conservation varieties within the meaning of Commission Directive 2008/62/EC of 20 June 2008 providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties (6), this Directive should, however, be without prejudice to Directive 2008/62/EC.

(5)

Special areas of conservation designated by the Member States in accordance with Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (7) host natural and semi-natural habitats worthy of conservation. Such areas should be considered as source areas for preservation mixtures. Member States should also have the possibility to designate other areas contributing to the conservation of plant genetic resources if they comply with comparable rules.

(6)

It should be provided that the components of the preservation mixture are indicated as species and, where relevant, subspecies in the authorisation and on the label. The specific germination rate for components of the mixture covered by Directive 66/401/EEC which do not comply with the germination requirements set out in Annex II to that Directive should also be provided. As regards these requirements, for directly harvested preservation mixtures it is necessary to take into account the harvesting method.

(7)

It is necessary to provide for derogations concerning the examination of the preservation mixture by the Member States before it is authorised for marketing. The manner in which these mixtures are examined should in certain cases also allow for the differences between the harvesting methods of crop-grown and of directly harvested preservation mixtures.

(8)

To ensure that the marketing of preservation mixtures takes place in the context of the conservation of genetic resources, restrictions should be provided for, in particular, regarding the region of origin and the source area.

(9)

A maximum quantity should be fixed for the marketing of preservation mixtures. To make sure that this maximum quantity is respected, Member States should require producers to notify the quantities of preservation mixtures for which they intend to apply for authorisation, and Member States should allocate the quantities to producers if necessary.

(10)

The traceability of preservation mixtures should be ensured through appropriate sealing and labelling requirements.

(11)

To ensure that the rules laid down in this Directive are correctly applied, official monitoring should be carried out.

(12)

After an appropriate period the Commission should assess whether the measures provided for in this Directive are effective.

(13)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

(a)

‘source area’ means:

(b)

‘collection site’ means a part of the source area, where the seed has been collected;

(c)

‘directly harvested mixture’ means a seed mixture marketed as collected at the collection site, with or without cleaning;

(d)

‘crop-grown mixture’ means a seed mixture produced in accordance with the following process:

(a)

name and address of the producer;

(b)

harvesting method: whether directly harvested or crop-grown;

(c)

percentage by weight of the components as species and, where relevant, subspecies;

(d)

in the case of crop-grown preservation mixtures, a specific germination rate for components of the mixture covered by Directive 66/401/EEC which do not comply with the germination requirements set out in Annex II to that Directive;

(e)

quantity of the mixture to which the authorisation is to apply;

(f)

region of origin;

(g)

restriction to marketing in the region of origin;

(h)

source area;

(i)

collection site, and in the case of a crop-grown preservation mixture, in addition, the multiplication site;

(j)

habitat type of the collection site; and

(k)

year of collection.

(a)

the words ‘EU rules and standards’;

(b)

name and address of the person responsible for affixing the labels or his identification mark;

(c)

harvesting method: whether directly harvested or crop-grown;

(d)

year of the sealing expressed as: ‘sealed …’ (year);

(e)

region of origin;

(f)

source area;

(g)

collection site;

(h)

habitat type of the collection site;

(i)

the words ‘preservation fodder plant seed mixture, intended for use in an area of the same habitat type as the collection site, not considering the biotic conditions’;

(j)

reference number of the lot given by the person responsible for affixing the labels;

(k)

the percentage by weight of the components as species and, where relevant, subspecies;

(l)

declared net or gross weight;

(m)

where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of clusters or pure seeds and the total weight shall be indicated; and

(n)

in the case of crop-grown preservation mixtures, a specific germination rate for components of the mixture covered by Directive 66/401/EEC which do not comply with the germination requirements set out in Annex II to that Directive.

31.8.2010   

EN

Official Journal of the European Union

L 228/15

(1)

Directive 92/65/EEC lays down the animal health requirements governing trade within the Union of animals, semen, ova and embryos not subject to the animal health requirements laid down in specific Union acts. It includes requirements for trade in semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and embryos of animals of the porcine species (‘the commodities’). In addition, it provides for health certificates to be established for trade in the commodities within the Union.

(2)

Annex D to Directive 92/65/EEC, as amended by Commission Regulation (EU) No 176/2010 (2), sets out certain new requirements for the commodities which are to apply from 1 September 2010.

(3)

Annex D to Directive 92/65/EEC, as thus amended by Regulation (EU) No 176/2010, introduces rules concerning semen storage centres and detailed conditions for their approval and supervision. It also sets out detailed conditions for the approval and supervision of embryo collection and production teams, for the collection and processing of in vivo derived embryos and the production and processing of in vitro fertilised embryos and micromanipulated embryos. Annex D, as thus amended, also amended the conditions to be applied to the donor animals of semen, ova and embryos of animals of the equine, ovine and caprine species and of ova and embryos of porcine species.

(4)

It is necessary to establish new model health certificates for trade within the Union of the commodities taking into account the animal health requirements set out in Annex D to Directive 92/65/EEC, as amended by Regulation (EU) No 176/2010.

(5)

In addition, provision should be made for existing stocks of commodities in the Union that comply with the provisions of Directive 92/65/EEC established prior to the entry into force of the amendments introduced by Regulation (EU) No 176/2010. Accordingly, it is necessary to set out separate model health certificates for trade within the Union in semen, ova and embryos of animals of the equine, ovine and caprine species and trade in ova and embryos of animals of the porcine species collected or produced, processed and stored in accordance with Annex D to Directive 92/65/EEC prior to 1 September 2010.

(6)

The long lasting stocking capabilities for such commodities make it impossible at present to fix a date for the exhaustion of the existing stocks. Therefore, it is not possible to fix a date for the termination of the use of those model health certificates for the existing stocks.

(7)

In the interests of consistency and simplification of Union legislation, the model health certificates should be set out in a single decision and take account of Commission Regulation (EC) No 599/2004 of 30 March 2004 concerning the adoption of a harmonised model certificate and inspection report linked to intra-Community trade in animals and products of animal origin (3).

(8)

In order to ensure full traceability of the commodities, model health certificates should be set out in this Decision for trade within the Union in semen of animals of the equine, ovine and caprine species collected in approved semen collection centres and dispatched from an approved semen storage centre, whether or not the latter constitutes part of a semen collection centre approved under a different approval number.

(9)

In the interests of clarity of Union legislation, the Union acts setting out model health certificates for trade within the Union in the commodities concerned should be expressly repealed. Accordingly, Commission Decision 95/294/EC of 24 July 1995 determining the specimen animal health certificate for trade in ova and embryos of the equine species (4), Commission Decision 95/307/EC of 24 July 1995 determining the specimen animal health certificate for trade in semen of the equine species (5), Commission Decision 95/388/EC of 19 September 1995 determining the specimen certificate for intra-Community trade in semen, ova and embryos of the ovine and caprine species (6) and Commission Decision 95/483/EC of 9 November 1995 determining the specimen certificate for intra-Community trade in ova and embryos of swine (7) should be repealed.

(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)

semen of animals of the equine species;

(b)

ova and embryos of animals of the equine species;

(c)

semen of animals of the ovine and caprine species;

(d)

ova and embryos of animals of the ovine and caprine species;

(e)

ova and embryos of animals of the porcine species.

(a)

model health certificate IA as set out in Part A, for consignments of semen collected after 31 August 2010 and dispatched from an approved semen collection centre of origin of the semen;

(b)

model health certificate IB as set out in Part B, for consignments of stocks of semen collected, processed and stored before 1 September 2010 and dispatched after 31 August 2010 from an approved semen collection centre of origin of the semen;

(c)

model health certificate IC as set out in Part C, for consignments of semen and stocks of semen referred to in (a) and (b) dispatched from an approved semen storage centre.

(a)

model health certificate IIA as set out in Part A, for consignments of ova and embryos collected or produced after 31 August 2010 and dispatched by an approved embryo collection or production team of origin of the ova or embryos;

(b)

model health certificate IIB as set out in Part B, for consignments of stocks of ova and embryos collected, processed and stored before 1 September 2010 and dispatched after 31 August 2010 by an approved embryo collection team of origin of the ova or embryos.

(a)

model health certificate IIIA as set out in Part A, for consignments of semen collected after 31 August 2010 and dispatched from an approved semen collection centre of origin of the semen;

(b)

model health certificate IIIB as set out in Part B, for consignments of stocks of semen collected, processed and stored before 1 September 2010 and dispatched after 31 August 2010 from an approved semen collection centre of origin of the semen;

(c)

model health certificate IIIC as set out in Part C, for consignments of semen and stocks of semen referred to in (a) and (b) dispatched from an approved semen storage centre.

(a)

model health certificate IVA as set out in Part A, for consignments of ova and embryos collected or produced after 31 August 2010 and dispatched by an approved embryo collection or production team of origin of the ova or embryos;

(b)

model health certificate IVB as set out in Part B, for consignments of stocks of ova and embryos collected, processed and stored before 1 September 2010 and dispatched after 31 August 2010 by an approved embryo collection team of origin of the ova or embryos.

(a)

model health certificate VA as set out in Part A, for consignments of ova and embryos collected or produced after 31 August 2010 and dispatched by an approved embryo collection or production team of origin of the ova or embryos;

(b)

model health certificate VB as set out in Part B, for consignments of stocks of ova and embryos collected, processed and stored before 1 September 2010 and dispatched after 31 August 2010 by an approved embryo collection team of origin of the ova or embryos.

31.8.2010   

EN

Official Journal of the European Union

L 228/52

(1)

Directive 92/65/EEC lays down the animal health requirements governing imports into the Union of semen, ova and embryos of animals of the equine species (‘the commodities’). It provides only commodities that come from a third country or part of a third country on a list of third countries drawn up in accordance with that Directive, and accompanied by a health certificate corresponding to a model also drawn up in accordance with that Directive, may be imported into the Union. The health certificate must attest that the commodities come from approved collection and storage centres or collection and production teams offering guarantees at least equivalent to those established in Annex D(I) to that Directive.

(2)

Commission Decision 2004/211/EC of 6 January 2004 establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species (2) establishes a list of third countries, or parts thereof from which Member States are to authorise imports of the commodities. In the interest of coherency and consistency of Union legislation, that list should be taken into account in the present Decision.

(3)

Directive 92/65/EEC, as amended by Council Directive 2008/73/EC (3), introduced a simplified procedure for the listing of semen collection and storage centres and embryo collection and production teams in third countries, approved for imports of the commodities into the Union.

(4)

Annex D to Directive 92/65/EEC, as amended by Commission Regulation (EU) No 176/2010 (4), sets out certain new requirements for the commodities which are to apply from 1 September 2010. It introduces rules concerning semen storage centres and detailed conditions for their approval and supervision. It also sets out detailed conditions for the approval and supervision of embryo collection and production teams, for the collection and processing of in vivo derived embryos and the production and processing of in vitro fertilised embryos and micromanipulated embryos. It also amended the conditions to be applied to the donor animals of semen, ova and embryos of the equine species in addition to those laid down in Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importation from third countries of equidae (5).

(5)

Accordingly, it is necessary to establish new model health certificates for imports into the Union of the commodities taking into account the amendments made to Directive 92/65/EEC by Directive 2008/73/EC and Regulation (EU) No 176/2010.

(6)

In addition, provision should be made for imports into the Union of existing stocks of commodities that comply with the provisions of Directive 92/65/EEC established prior to the entry into force of the amendments introduced by Regulation (EU) No 176/2010. Accordingly, it is necessary to set out separate model health certificates for imports of consignments of the commodities collected or produced, processed and stored in accordance with Annex D to Directive 92/65/EEC prior to 1 September 2010.

(7)

The long lasting stocking capabilities for such commodities make it impossible at present to fix a date for the exhaustion of the existing stocks. Therefore, it is not possible to fix a date for the termination of the use of those model health certificates for the existing stocks.

(8)

In order to ensure full traceability of the commodities, model health certificates should be set out in this Decision for imports into the Union of semen of animals of the equine species collected in approved semen collection centres and dispatched from an approved semen storage centre, whether or not the latter constitutes part of a semen collection centre approved under a different approval number.

(9)

In the interests of consistency and simplification of Union legislation, the model health certificates for the importation of the commodities should take account of Commission Decision 2007/240/EC (6), which provides that the various veterinary, public and animal health certificates required for the imports into the Union of live animals, semen, embryo, ova and products of animal origin are to be based on the standard models for veterinary certificates set out in Annex I thereto.

(10)

In addition, it is appropriate that consignments of the commodities imported into the Union from Switzerland are accompanied by the health certificates drawn up in accordance with the models used for trade within the Union in semen, ova and embryos of animals of the equine species and set out in Commission Decision 2010/470/EU of 26 August 2010 laying down model health certificates for trade within the Union in semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and in embryos of animals of the porcine species (7), with the adaptations set out in points 8 and 9 of Chapter IX(B) of Appendix 2 of Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in Agricultural Products, as approved by Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (8).

(11)

In the application of this Decision, account should be taken of the specific certification requirements and model health attestations which may be laid down in accordance with the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (9), as approved by Council Decision 1999/201/EC (10).

(12)

In the application of this Decision, account should also be taken of the specific certification requirements and model health attestations which may be laid down in accordance with the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products (11), as approved by Council Decision 97/132/EC (12).

(13)

In the interest of clarity of Union legislation, it is necessary to repeal the Union acts currently setting out certification requirements for imports into the Union of the commodities. Accordingly, Commission Decision 96/539/EC of 4 September 1996 on animal health requirements and veterinary certification for imports into the Community of semen of the equine species (13) and Commission Decision 96/540/EC of 4 September 1996 on animal health requirements and veterinary certification for imports into the Community of ova and embryos of the equine species (14) should be repealed.

(14)

In addition, Commission Decision 2004/616/EC of 26 July 2004 establishing the list of approved semen collection centres for imports of equine semen from third countries (15) is now obsolete and should be repealed.

(15)

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)

they come from third countries or parts of the territory of third countries listed in columns 2 and 4 of Annex I to Decision 2004/211/EC respectively from which permanent imports of registered horses, registered equidae or equidae for breeding and production are authorised;

(b)

they come from an approved semen collection or storage centre listed in accordance with Article 17(3)(b) of Directive 92/65/EEC;

(c)

they are accompanied by a health certificate drawn up in accordance with one of the following models set out in Part 2 of Annex I; and completed in accordance with the explanatory notes set out in Part 1 of that Annex:

However, where specific certification requirements are laid down in bilateral agreements between the European Union and third countries, those requirements shall apply.

(d)

they comply with the requirements set out in the health certificate referred to in point (c).

(a)

they come from third countries or parts of the territory of third countries listed in columns 2 and 4 of Annex I to Decision 2004/211/EC respectively from which permanent imports of registered horses, registered equidae or equidae for breeding and production are authorised;

(b)

they come from an approved embryo collection or production team listed in accordance with Article 17(3)(b) of Directive 92/65/EEC;

(c)

they are accompanied by a health certificate drawn up in accordance with the model health certificate set out in Part 2 of Annex II; and completed in accordance with the explanatory notes set out in Part 1 of Annex II;

However, where specific certification requirements are laid down in bilateral agreements between the European Union and third countries, those requirements shall apply.

(d)

they comply with the requirements set out in the health certificate referred to in point (c).

(a)

are not intended for introduction into the Union, or

(b)

are of a lower health status.

31.8.2010   

EN

Official Journal of the European Union

L 228/74

(1)

Directive 92/65/EEC lays down the animal health conditions governing imports into the Union of semen, ova and embryos of animals of the ovine and caprine species (‘the commodities’). It provides only commodities that come from a third country included on a list of third countries drawn up in accordance with that Directive and accompanied by a health certificate corresponding to a model also drawn up in accordance with that Directive, may be imported into the Union. The health certificate must certify that commodities come from approved collection and storage centres or collection and production teams offering guarantees at least equivalent to those laid down in Annex D(I) to that Directive.

(2)

Commission Decision 2008/635/EC of 22 July 2008 on imports of semen, ova and embryos of the ovine and caprine species into the Community as regards lists of third countries and of semen collection centres and embryo collection teams, and certification requirements (2) currently sets out the list of third countries from which Member States are to authorise imports of the commodities.

(3)

Directive 92/65/EEC, as amended by Council Directive 2008/73/EC (3), introduced a simplified procedure for the listing of semen collection and storage centres and embryo collection and production teams in third countries approved for imports of the commodities into the Union.

(4)

In addition, Annex D to Directive 92/65/EEC, as amended by Commission Regulation (EU) No 176/2010 (4), sets out certain new requirements for the commodities which are to apply from 1 September 2010. It introduces rules concerning semen storage centres and detailed conditions for their approval and supervision. It also sets out detailed conditions for the approval and supervision of embryo collection and production teams, for the collection and processing of in vivo derived embryos and the production and processing of in vitro fertilised embryos and micromanipulated embryos. It also amended the conditions to be applied to the donor animals of semen, ova and embryos of animals of the ovine and caprine species.

(5)

Accordingly, it is necessary to establish new health certificates for imports into the Union of the commodities taking into account the amendments made to Directive 92/65/EEC by Directive 2008/73/EC and Regulation (EU) No 176/2010.

(6)

In addition, it is appropriate that consignments of the commodities imported into the Union from Switzerland are accompanied by a health certificate drawn up in accordance with the models used for trade within the Union in semen, ova and embryos of animals of the ovine and caprine species set out in Commission Decision 2010/470/EU of 26 August 2010 laying down model health certificates for trade within the Union of semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and embryos of animals of the porcine species (5), with the adaptations set out in point 7 of Chapter IX(B) of Appendix 2 of Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in Agricultural Products, as approved by Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (6).

(7)

In the application of this Decision, account should be taken of the specific certification requirements and model health attestations which may be laid down in accordance with the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (7), as approved by Council Decision 1999/201/EC (8).

(8)

In the application of this Decision, account should also be taken of the specific certification requirements and model health attestations which may be laid down in accordance with the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products (9), as approved by Council Decision 97/132/EC (10).

(9)

In the interest of clarity and consistency of Union's legislation, Decision 2008/635/EC should be repealed and replaced by this Decision.

(10)

To avoid any disruption of trade, the use of health certificates issued in accordance with Decision 2008/635/EC should be authorised during a transitional period subject to certain consitions.

(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)

they come from a third country or part thereof listed in Annex I;

(b)

they come from an approved semen collection or storage centre listed in accordance with Article 17(3)(b) of Directive 92/65/EEC;

(c)

they are accompanied by a health certificate drawn up in accordance with the following model health certificates set out in Part 2 of Annex II, and completed in accordance with the explanatory notes set out in Part 1 of that Annex:

However, where specific certification requirements are laid down in bilateral agreements between the Union and third countries, those requirements shall apply.

(d)

they comply with the requirements set out in the health certificates referred to in point (c).

(a)

they come from a third country or part thereof listed in Annex III;

(b)

they come from an approved embryo collection or production team listed in accordance with Article 17(3)(b) of Directive 92/65/EEC;

(c)

they are accompanied by a health certificate drawn up in accordance with the model set out in Part 2 of Annex IV, and completed in accordance with the explanatory notes set out in Part 1 of that Annex.

However, where specific certification requirements are laid down in bilateral agreements between the Union and third countries, those requirements must apply.

(d)

they comply with the requirements set out in the health certificate referred to in point (c).

(a)

are not intended for introduction into the Union, or

(b)

are of a lower health status.

(a)

semen of animals of the ovine and caprine species which were collected, processed and stored in accordance with Directive 92/65/EEC by 31 August 2010 and which are accompanied by a health certificate issued not later than 31 May 2011 in accordance with the model set out in Annex II to Decision 2008/635/EC.

(b)

ova and embryos of animals of the ovine and caprine species which were collected or produced, processed and stored in accordance with Directive 92/65/EEC by 31 August 2010 and which are accompanied by a health certificate issued not later than 31 May 2011 in accordance with the model set out in Annex VI to Decision 2008/635/EC.