(1)

Council Regulation (EC) No 194/2008 of 25 February 2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar (2) provides for certain measures, including restrictions on certain exports from Burma/Myanmar and a freezing of the assets of certain individuals and entities.

(2)

By Decision 2011/239/CFSP, the Council amended Decision 2010/232/CFSP (3). Some of the amendments, in particular those relating to the freezing of funds of certain individuals and entities, require further action by the Union.

(3)

The power to amend the lists in Annexes V, VI and VII to Regulation (EC) No 194/2008 should be exercised by the Council in view of the serious political situation in Burma/Myanmar and to ensure consistency with the process for amending and reviewing Annexes I, II and III to Decision 2010/232/CFSP.

(4)

The procedure for amending the lists in Annex VI to Regulation (EC) No 194/2008 should include providing designated natural or legal persons, entities or bodies with the grounds for listing, so as to give them an opportunity to submit observations. Where observations are submitted, or substantial new evidence is presented, the Council should review its decision in light of those observations and inform the person, entity or body concerned accordingly.

(5)

For the implementation of Regulation (EC) No 194/2008, and in order to create maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources must be frozen in accordance with that Regulation, must be made public. Any processing of personal data should comply with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (4) and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (5).

(6)

Regulation (EC) No 194/2008 should therefore be amended accordingly.

(7)

In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately upon its publication,

(1)

Article 11 is replaced by the following:

(2)

the following Article is inserted:

(3)

Article 18 is replaced by the following:

(*1)   OJ L 105, 27.4.2010, p. 22.’."

(1)

Article 7(2) of Commission Regulation (EC) No 1235/2008 (2) provides that the list of recognised third countries shall contain all the information necessary in respect of each third country to allow verifying whether products placed on the Union market have been subject to the control system of the third country recognised in accordance with Article 33(2) of Regulation (EC) No 834/2007. Tunisia has transmitted an amendment to the relevant specifications provided in Annex III to Regulation (EC) No 1235/2008 following the creation of a new general direction in charge of organic farming in the agricultural department, which has become the new competent authority responsible for the control system in Tunisia.

(2)

Commission Implementing Regulation (EU) No 590/2011 (3) has inserted in Annex III to Regulation (EC) No 1235/2008 a new text relating to Canada. Point 1 ‘Product categories’ of that text contains an error in so far it has established a separate point (c) for ‘feed’ as one of those categories, while indeed it constitutes one of the possible uses of ‘processed agricultural products’ referred to in point 1(b) of the said text.

(3)

Canada informed the Commission that the list of control bodies included in Annex III to Regulation (EC) No 1235/2008 includes another error, as the control body ‘Control Union Certifications’ is not accredited by the Canadian Food Inspection Agency to provide certification services in Canada.

(4)

Regulation (EC) No 1235/2008 should therefore be amended and corrected accordingly.

(5)

For the sake of legal certainty, the correcting provision established in this Regulation should apply from the date of entry into force of Regulation (EU) No 590/2011.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the regulatory Committee on organic production,

(1)

in point 1, points (b) and (c) are replaced by the following:

(2)

in point 5, the sixth indent ‘Control Union Certifications (CUC), www.controlunion.com’ is deleted.

(1)

Commission Regulation (EC) No 501/2008 (2) provides rules for the drawing-up, selection, implementation, financing and checking of programmes referred to in Article 6 of Regulation (EC) No 3/2008.

(2)

To increase the efficiency of the scheme, trade and inter-trade organisations should be given the opportunity to submit programmes to be implemented twice a year on the internal market and in third countries. The submission and selection schedule should be adjusted in order to give another chance to programmes that have been rejected in the previous round. To ease the transition to a new submission and selection schedule, it should be provided that the schedule for the first submission of programmes in 2012 should not be affected by the schedule change.

(3)

To reduce unnecessary administrative burden, the requirement to send to the Commission a number of documents (a copy of the contract concluded with proposing organisations and proof that a performance security has been lodged; a copy of the contract signed with the implementing body; a copy of each application for an advance payment and proof that the corresponding security has been lodged; and the quarterly reports on the implementation of the contract) should be abolished except if the Commission specifically requests it.

(4)

It should be specified that messages referring to the impact on health of a product must be accepted by the national authority responsible for public health and that the material approved by a Member State should be sent to the Commission.

(5)

Regulation (EC) No 501/2008 should therefore be amended accordingly.

(6)

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

(1)

in Article 4(3), the second subparagraph is replaced by the following:

‘Messages referring to such effects must be accepted by the national authority responsible for public health.’;

(2)

in Article 8(1), the second subparagraph is replaced by the following:

‘Trade and inter-trade organisations in the Union which are representative of the sectors concerned (hereinafter referred to as “proposing organisations”) shall submit their programmes to the Member State no later than 30 September (“the first submission of programmes”) and 15 April (“the second submission of programmes”) each year. For 2012 the first submission of programmes may take place until 30 November 2011.’;

(3)

Article 11 is amended as follows:

(4)

in Article 16, paragraph 5 is replaced by the following:

(5)

in Article 17(3), the first subparagraph is replaced by the following:

(6)

in Article 22, paragraph 3 is replaced by the following:

(7)

in Article 23(1), the second subparagraph is replaced by the following:

‘They shall send to the Commission the material approved.’.

(1)

Regulation (EC) No 2160/2003 aims at ensuring that proper and effective measures are taken to detect and control salmonella and other zoonotic agents at all relevant stages of production, processing and distribution in order to reduce their prevalence and the risk they pose to public health. That Regulation covers, amongst other things, the adoption of targets for the reduction of the prevalence of specified zoonoses in animal populations and the adoption of rules concerning trade within the Union and imports from third countries of certain animals and products thereof.

(2)

Commission Regulation (EC) No 646/2007 of 12 June 2007 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Community target for the reduction of the prevalence of Salmonella enteritidis and Salmonella typhimurium in broilers and repealing Regulation (EC) No 1091/2005 (3) sets a Union target for the reduction of those two serotypes of salmonella in broilers. That Regulation aims for a reduction to be achieved in the number of flocks of broilers remaining positive to Salmonella enteritidis and Salmonella typhimurium to 1 % or less by 31 December 2011.

(3)

Commission Regulation (EC) No 584/2008 of 20 June 2008 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Community target for the reduction of the prevalence of Salmonella enteritidis and Salmonella typhimurium in turkeys (4) sets a Union target for the reduction of those two serotypes of salmonella in turkey flocks. That Regulation aims for a reduction to be achieved in the number of fattening turkey flocks remaining positive to Salmonella enteritidis and Salmonella typhimurium to 1 % or less by 31 December 2012.

(4)

Annex II to Regulation (EC) No 2160/2003 sets out specific measures to be taken for the control of the zoonoses and zoonotic agents listed in Annex I thereto. More specifically, point 1 of Part E of Annex II to Regulation (EC) No 2160/2003 provides that, as from 12 December 2010, certain fresh poultry meat from animals listed in Annex I thereto may not be placed on the market for human consumption unless it meets the criterion: ‘Salmonella: absence in 25 grams’. That Regulation also provides for detailed rules for that criterion to be laid down, in particular, rules specifying sampling schemes and analytical methods.

(5)

As regards fresh poultry meat, provision should be made to ensure that the detailed rules for the salmonella criterion in poultry meat result in a reasonable assurance that it is free from the relevant salmonella and that a harmonised application results in fair competition and similar conditions for placing on the market.

(6)

Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (5) lays down microbiological criteria for certain micro-organisms and the implementing rules that are to be complied with by food business operators when implementing the general and specific hygiene measures referred to in Article 4 of Regulation (EC) No 852/2004.

(7)

In the interests of consistency of Union legislation, it is appropriate to amend the specific requirements concerning fresh poultry meat set out in Part E of Annex II to Regulation (EC) No 2160/2003 and to introduce detailed rules of the salmonella criterion in Annex I to Regulation (EC) No 2073/2005.

(8)

In accordance with Commission Decision 2005/636/EC of 1 September 2005 concerning a financial contribution of the Community towards a baseline survey on the prevalence of Salmonella spp. in broiler flocks of Gallus gallus to be carried out in the Member States (6), Commission Decision 2006/662/EC of 29 September 2006 concerning a financial contribution from the Community towards a baseline survey on the prevalence of salmonella in turkeys to be carried out in the Member States (7) and Commission Decision 2007/516/EC of 19 July 2007 concerning a financial contribution from the Community towards a survey on the prevalence and antimicrobial resistance of Campylobacter spp. in broiler flocks and on the prevalence of Campylobacter spp. and Salmonella spp. in broiler carcases to be carried out in the Member States (8) information was collected on the prevalence of salmonella in broiler flocks, turkey flocks and broiler carcases, respectively. The results of these surveys, as well as preliminary results of the first year of national salmonella control programmes in broilers (2009) in accordance with Article 5 of Regulation (EC) No 2160/2003 show that salmonella prevalence in flocks of broilers and turkeys is still high (9). In addition, national salmonella control programmes in turkeys in accordance with Regulation (EC) No 2160/2003 only became mandatory from 2010 onwards. The application of the criterion to all salmonella serotypes before a notable reduction of the prevalence of salmonella in flocks of broilers and turkeys has been demonstrated may result in a disproportionate economic impact for the industry. Chapter 1 of Annex I to Regulation (EC) No 2073/2005 should therefore be amended.

(9)

According to the Community Summary Report on trends and sources of zoonoses, and zoonotic agents and food-borne outbreaks in the European Union in 2008 (10) by the European Food Safety Authority approximately 80 % of human salmonellosis cases are caused by Salmonella enteritidis and Salmonella typhimurium which is similar to preceding years. Poultry meat remains a major source of human salmonellosis.

(10)

Setting a criterion for Salmonella enteritidis and Salmonella typhimurium would provide the best balance between reducing human salmonellosis attributed to the consumption of poultry meat and the economic consequences of the application of that criterion. At the same time, it would encourage food business operators to take measures at previous stages of poultry production that may contribute to the reduction of all serotypes of salmonella with public health significance. Focusing on those two serotypes would also be consistent with the Union targets set for primary production of poultry.

(11)

The sampling plans for other salmonella food safety criteria have been provided for in Regulation (EC) No 2073/2005. They have been demonstrated to be practical for use by food business operators and are therefore also appropriate for fresh poultry meat sampling.

(12)

The international standard EN/ISO 6579 is the horizontal method for the detection of Salmonella spp. in food and animal feeding stuffs. In addition, Annex I to Regulation (EC) No 2073/2005 provides for that standard to be the reference method for all salmonella criteria. It should, therefore, also be laid down as a reference method for the criterion for fresh poultry meat, without prejudice to provisions on the use of alternative methods laid down in that Regulation. The European Union Reference Laboratory for Salmonella recommends that it is appropriate to use the White-Kaufmann-Le Minor scheme as reference method for serotyping.

(13)

Monophasic strains of Salmonella typhimurium have rapidly emerged as one of the most commonly found serotype of salmonella in several species of animals and in clinical isolates from humans. According to the Scientific Opinion on monitoring and assessment of the public health risk of ‘Salmonella typhimurium-like’ strains (11) monophasic Salmonella typhimurium strains with the antigenic formula 1,4,[5],12:i:- are considered as variants of Salmonella typhimurium and current evidence has shown that these strains appear to pose a public health risk comparable to that of other Salmonella typhimurium strains. Therefore, it is appropriate to clarify that provisions for Salmonella typhimurium are applicable also to these monophasic strains.

(14)

Regulation (EC) No 2073/2005 lays down a process hygiene criterion for salmonella in poultry carcases of broilers and turkeys after chilling in slaughterhouses. The process hygiene criterion aims at controlling faecal contamination of poultry carcases if derived from infected flocks or due to cross-contamination in the slaughterhouse. Under Article 10 of Regulation (EC) No 2073/2005, the criteria and conditions concerning the presence of salmonella in poultry carcases are to be revised in the light of the changes observed in salmonella prevalence. Since the Union targets laid down for flocks of broilers in Regulation (EC) No 646/2007, and for turkeys in Regulation (EC) No 584/2008, must be achieved by the end of 2011 and the end of 2012 respectively, the number of sample units accepted to exceed the set limit should be decreased. Chapter 2 of Annex I to Regulation (EC) No 2073/2005 should therefore be amended accordingly.

(15)

Regulations (EC) No 2160/2003 and (EC) No 2073/2005 should therefore be amended accordingly.

(16)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them,

(1)

Commission Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation security (2) lays down provision on explosive detection systems.

(2)

Methods and technologies for the detection of explosives develop over time. In line with the evolution of the threat to civil aviation, technological developments and operation experiences both at Union and global level, the Commission should revise the technological and operation provisions relating to explosives detection systems.

(3)

Regulation (EU) No 185/2010 should therefore be amended accordingly.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for Civil Aviation Security set up by Article 19(1) of Regulation (EC) No 300/2008,

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

(2)

In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of the enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MULC 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MULC 49754). The application was accompanied by the particulars and documents required pursuant to Article 7(3) of Regulation (EC) No 1831/2003.

(3)

The application concerns the authorisation of the enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MULC 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MULC 49754) as a feed additive for weaned piglets, to be classified in the additive category ‘zootechnical additives’.

(4)

The use of that preparation was authorised for 10 years for chickens for fattening by Commission Regulation (EC) No 1091/2009 (2).

(5)

New data were submitted in support of the application for the authorisation of the enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MULC 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MULC 49754) for weaned piglets. The European Food Safety Authority (‘the Authority’) concluded in its opinion of 16 June 2011 (3) that, under the proposed conditions of use, the enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MULC 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MULC 49754) does not have an adverse effect on animal health, human health or the environment, and that the use of that preparation can significantly increase the body weight gain and can improve feed to gain ratio in weaned piglets. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(6)

The assessment of the enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (MULC 49755) and endo-1,3(4)-beta-glucanase produced by Trichoderma reesei (MULC 49754) shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this preparation should be authorised as specified in the Annex to this Regulation.

(7)

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

(1)

Commission Regulation (EC) No 327/98 of 10 February 1998 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice (3) opened and provided for the administration of certain import tariff quotas for rice and broken rice, broken down by country of origin and split into several subperiods in accordance with Annex IX to that Regulation.

(2)

October is the only subperiod for the quota with order number 09.4138 laid down in Article 1(1)(a) of Regulation (EC) No 327/98. This quota comprises the balance of the unused quantities from the quotas with order numbers 09.4127-09.4128-09.4129-09.4130 in the previous subperiod. October is the last subperiod for the quotas with order numbers 09.4148 and 09.4168 laid down in Article 1(1)(b) and (e) of Regulation (EC) No 327/98, which comprise the balance of the unused quantities from the previous subperiod.

(3)

The notifications presented under Article 8(a) of Regulation (EC) No 327/98 show that, for the quota with order number 09.4138 the applications lodged in the first 10 working days of October 2011 under Article 4(1) of that Regulation cover a quantity greater than that available. The extent to which licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested under the quota concerned.

(4)

The final percentage take-up for 2011 of each quota provided for by Regulation (EC) No 327/98 should also be made known.

(5)

In order to ensure sound management of the procedure of issuing import licences, the present Regulation should enter into force immediately after its publication,

(1)

Commission Implementing Regulation (EU) No 1023/2011 of 14 October 2011 opening the tendering procedure for aid for private storage of olive oil (2) provides for two tendering sub-periods.

(2)

In accordance with Article 13(1) of Commission Regulation (EC) No 826/2008 of 20 August 2008 laying down common rules for the granting of private storage aid for certain agricultural products (3), on the basis of tenders notified by the Member States, the Commission either fixes a maximum amount of the aid or does not fix a maximum amount of the aid.

(3)

On the basis of the tenders submitted in response to the first partial invitation to tender, it is appropriate to fix a maximum amount of the aid for private storage of olive oil for the tendering sub-period ending on 25 October 2011.

(4)

In order to give a rapid signal to the market and to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

(5)

The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2011/12 marketing year are fixed by Commission Implementing Regulation (EU) No 971/2011 (3). These prices and duties have been last amended by Commission Implementing Regulation (EU) No 1076/2011 (4).

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

(1)

On 8 March 2010, the Council adopted Decision 2010/145/CFSP (1) renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY). That Decision expires on 16 March 2012.

(2)

The aim of Decision 2010/145/CFSP is to prevent the entry into, or the transit through the territories of the Member States by persons who are engaged in activities which help persons at large to continue to evade justice for crimes for which the ICTY has indicted them or are otherwise acting in a manner which could obstruct the ICTY’s effective implementation of its mandate.

(3)

On 22 July 2011, Goran HADZIC was transferred into the custody of the ICTY. He was the last ICTY indictee still at large.

(4)

Decision 2010/145/CFSP should therefore be repealed,

(1)

On 25 October 2010, the Council adopted Decision 2010/638/CFSP (1), renewing the restrictive measures against the Republic of Guinea until 27 October 2011 and repealing Common Position 2009/788/CFSP (2).

(2)

On 21 March 2011, the Council adopted Decision 2011/169/CFSP (3), amending Decision 2010/638/CFSP in the light of the political situation and of the Report of the International Commission of Inquiry mandated to establish the facts and circumstances of the events of 28 September 2009 in Guinea.

(3)

On the basis of a review of Decision 2010/638/CFSP, those restrictive measures should be extended until 27 October 2012.

(4)

Furthermore, it is necessary to amend the measures provided for in Decision 2010/638/CFSP regarding military equipment and equipment which might be used for internal repression.

(5)

Decision 2010/638/CFSP should be amended accordingly,

(1)

Article 2(1) is replaced by the following:

(2)

Article 8(2) is replaced by the following:

(1)

Commission Decision 2009/821/EC of 28 September 2009 drawing up a list of approved border inspection posts, laying down certain rules on the inspections carried out by Commission veterinary experts and laying down the veterinary units in Traces (4) lays down a list of border inspection posts approved in accordance with Directives 91/496/EEC and 97/78/EC. That list is set out in Annex I to that Decision.

(2)

Following communication from Belgium, in the entries for the inspection centres Avia Partner and Swiss Port of the border inspection post at the airport of Brussel-Zaventem, the approval should be extended to all packed products for human consumption. The list of entries for that Member State as set out in Annex I to Decision 2009/821/EC should be amended accordingly.

(3)

Denmark has communicated that the name of the border inspection post at the port of Århus should be written ‘Aarhus’. The list of border inspection posts for that Member State should be amended accordingly.

(4)

Following a satisfactory inspection by the Commission inspection services, the Food and Veterinary Office, a new border inspection post at Koidula rail in Estonia should be added to the entries for that Member State in the list set out in Annex I to Decision 2009/821/EC. In addition, Estonia has communicated that the border inspection post at Luhamaa road should be also approved for certain other live animals than equidae and ungulates. The entry for that border inspection post should therefore be amended accordingly.

(5)

Italy has communicated that the inspection centre, Sintermar, in the border inspection post of the port of Livorno-Pisa has been suspended. The list of border inspection posts for that Member State should be amended accordingly.

(6)

Following communication of Latvia, the inspection centre ‘Kravu Termināls’ in the border inspection post at the port of Riga should be deleted from the list of entries for that Member State as set out in Annex I to Decision 2009/821/EC.

(7)

The Netherlands has communicated that the names of the inspection centres within the border inspection post of Vlissingen have changed. The entry for that border inspection post should therefore be amended accordingly.

(8)

Following communication from Portugal, the entry for the border inspection post at the port of Horta (Açores) should be deleted in the list of entries for that Member State as set out in Annex I to Decision 2009/821/EC.

(9)

Following communication from Sweden, in the entry for the border inspection post at the port of Göteborg, the approval for live animals should be deleted in the list of entries for that Member State as set out in Annex I to Decision 2009/821/EC.

(10)

The entry for the border inspection post at Manston airport in the United Kingdom had been deleted in Commission Decision 2011/93/EU (5). Following a new request from the United Kingdom and a satisfactory inspection by the Commission inspection services, the Food and Veterinary Office, Manston airport should be approved for equidae and ungulates and be added to the list of border inspection posts set out in Annex I to Decision 2009/821/EC. In addition, the United Kingdom communicated that the border inspection port of Southampton has been split into two inspection centres approved for different categories of products. The entry for that border inspection post should therefore be amended accordingly.

(11)

Annex II to Decision 2009/821/EC lays down the list of central units, regional units and local units in the integrated computerised veterinary system (Traces).

(12)

Following communications from Denmark, Germany and Poland, certain changes should be brought to the list of central, regional and local units in Traces for those Member States laid down in Annex II to Decision 2009/821/EC.

(13)

Decision 2009/821/EC should therefore be amended accordingly.

(14)

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