27.6.2007   

EN

Official Journal of the European Union

L 165/1

—

Estonia 83,4.

27.6.2007   

EN

Official Journal of the European Union

L 165/2

(1)

Following the enlargement of the Community on 1 January 1995 and 1 May 2004, Commission Regulation (EEC) No 3149/92 (3) was not adapted to include entries in the languages of the new Member States joining the Community on those dates. Entries in the languages concerned should be added.

(2)

In order to ensure consistency with Commission Regulation (EC) No 725/2007 (4), which adapts Regulation (EEC) No 3149/92 following the accession of Bulgaria and Romania to the European Union, this Regulation should apply from 1 January 2007.

(3)

Regulation (EEC) No 3149/92 should therefore be amended.

(4)

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

1.

The third subparagraph of Article 7(5) is replaced by the following:

‘Dispatch declarations issued by the supplier intervention agency shall include one of the entries given in the Annex.’

2.

The text given in the Annex hereto is added as an Annex.

27.6.2007   

EN

Official Journal of the European Union

L 165/4

(1)

Commission Regulation (EEC) No 3149/92 (2) contains certain entries in all the languages of the Community as constituted at 31 December 2006. Entries in Bulgarian and Romanian should be added.

(2)

Regulation (EEC) No 3149/92 should therefore be amended,

27.6.2007   

EN

Official Journal of the European Union

L 165/6

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

27.6.2007   

EN

Official Journal of the European Union

L 165/8

(1)

Regulation (EC) No 999/2001 lays down rules for the monitoring of transmissible spongiform encephalopathies in bovine, ovine and caprine animals and for eradication measures to be carried out following the confirmation of a transmissible spongiform encephalopathy (TSE) in ovine and caprine animals.

(2)

In October 2005 the European Food Safety Authority (EFSA) adopted an opinion on the classification of atypical TSE cases in small ruminants. In its opinion EFSA concludes that an operational definition of atypical scrapie is possible and provides the elements for a classification of scrapie cases. EFSA also recommends that surveillance programmes, including tests and sampling arrangements, be used so as to enable detection of all forms of TSE in small ruminants.

(3)

It appears appropriate, therefore, to introduce definitions for TSE in small ruminants, scrapie cases, classical scrapie cases and atypical scrapie cases.

(4)

Where an animal slaughtered for human consumption is found positive to a rapid test under the current rules, namely Annex III to Regulation (EC) No 999/2001, at least the carcase immediately preceding the test-positive carcase and two carcases immediately following the test-positive carcase on the same slaughter line have to be destroyed, in addition to the test-positive carcase.

(5)

The complete destruction, on the same slaughter line, of the three carcases adjacent to a rapid test-positive one is disproportionate with regard to the risk. These carcases should only be destroyed if the result of a rapid test is confirmed positive or inconclusive after examination by the reference methods.

(6)

Regulation (EC) No 999/2001, as amended by Commission Regulations (EC) No 214/2005 (2) and (EC) No 1041/2006 (3) provide for increased monitoring programmes in caprine and ovine animals, following the detection of bovine spongiform encephalopathies (BSE) in a goat in 2005 and three unusual TSE cases in sheep where BSE could not be excluded. Those monitoring programmes should be reviewed in the light of the results of two years of intensified testing which have not led to the detection of any additional BSE case in ovine or caprine animals. In order to ensure an efficient implementation of the programmes the reviewed monitoring requirements should apply from 1 July 2007.

(7)

The monitoring programmes in ovine and caprine animals should be assessed and reviewed in the light of new scientific data.

(8)

In view of the results of the increased monitoring in ovine and caprine animals, the current strict culling and repopulation policy in TSE affected flocks appears to be disproportionate. In addition, several difficulties, in particular regarding repopulation of infected flocks, hamper the effective implementation of measures following the detection of a TSE in a flock.

(9)

On 8 March 2007 EFSA adopted an opinion on certain aspects related to the risk of TSEs in ovine and caprine animals. In its opinion, the Authority considers that there is no evidence for an epidemiological or molecular link between classical and/or atypical scrapie and TSEs in humans and that the BSE agent is the only TSE agent identified as zoonotic. In addition, the Authority considers that Current discriminatory tests as described in the EC legislation to be used for discrimination between scrapie and BSE are reliable for the differentiation of BSE from classical and atypical scrapie.

(10)

Additional factors which confirm the need to reappraise TSE eradication measures in small ruminants include the absence of scientific evidence to indicate that scrapie is transmissible to humans, the ruling out of BSE in cases of TSE in small ruminants and the detection of atypical TSE cases having a limited spread of infection within a flock but also emerging in sheep with genotypes considered resistant to BSE and classical scrapie.

(11)

The structure of the sheep and goat sector is notoriously different across the Community, Member States should therefore have the possibility to apply alternative policies, provided that harmonised rules are established.

(12)

The Commission’s TSE roadmap, adopted on 15 July 2005, establishes as one of the strategic goals the review of the eradication measures for small ruminants taking into account the new diagnostic tools available but ensuring the current level of consumer protection.

(13)

On 13 July 2006 EFSA adopted an opinion on the Breeding Programmes for TSE resistance in sheep. In its opinion EFSA concludes that the breeding programmes increase the robustness of sheep populations against the currently known TSEs and therefore contributes to both improved animal health and consumer protection. EFSA also made recommendations on the determination of the prion protein genotype.

(14)

Article 6a of Regulation (EC) No 999/2001 provides that Member States may introduce breeding programmes to select for resistance to TSEs in their ovine populations. It is necessary to introduce harmonised minimum requirements for those breeding programmes.

(15)

Regulation (EC) No 999/2001 should therefore be amended accordingly.

(16)

Commission Decision 2003/100/EC of 13 February 2003 laying down minimum requirements for the establishment of breeding programmes for resistance to transmissible spongiform encephalopathies in sheep (4) is obsolete as the provisions provided for therein are now to be replaced by provisions laid down in this Regulation. In the interests of clarity and legal certainty that Decision should be repealed.

(17)

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

27.6.2007   

EN

Official Journal of the European Union

L 165/21

(1)

The preparation by the Member States of practical implementation reports as a basis for the Commission’s periodical reports on the implementation of the Community rules on the safety and health of workers, is provided for by Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (3), and by the individual Directives within the meaning of Article 16(1) of that Directive, namely: Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (4), Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (5), Council Directive 89/656/EEC of 30 November 1989 concerning the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (6), Council Directive 90/269/EEC of 29 May 1990 concerning the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers (7), Council Directive 90/270/EEC of 29 May 1990 concerning the minimum safety and health requirements for work with display screen equipment (8), Council Directive 92/57/EEC of 24 June 1992 concerning the implementation of minimum safety and health requirements at temporary or mobile construction sites (9), Council Directive 92/58/EEC of 24 June 1992 concerning the minimum requirements for the provision of safety and/or health signs at work (10), Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (11), Council Directive 92/91/EEC of 3 November 1992 concerning the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling (12), Council Directive 92/104/EEC of 3 December 1992 on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries (13), Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (14), Council Directive 98/24/EC of 7 April 1998 concerning the protection of the health and safety of workers from the risks related to chemical agents at work (15), Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (16), Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (17), Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (18), Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (19) and Directive 2006/25/EC of the European Parliament and of the Council of 5 April 2006 on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) (20).

(2)

An implementation report is also required by Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed duration employment relationship or a temporary employment relationship (21), Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels (22) and Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work (23).

(3)

The provisions on the preparation of reports in the individual Directives within the meaning of Article 16(1) of Directive 89/391/EEC and in Directives 91/383/EEC, 92/29/EEC and 94/33/EC are inconsistent in terms of both frequency and content.

(4)

The obligations on the Member States to report on the practical implementation and on the Commission to draw up a report on the basis of the national reports are an important part of the legislative cycle, providing the opportunity to take stock of and evaluate the various aspects of the practical implementation of the Directives; it is therefore appropriate to extend this obligation to those directives that do not require reports, namely: Directive 2000/54/EC of the Parliament and of the European Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (24), Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (25) and Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC) (26).

(5)

It is therefore necessary to harmonise the provisions of Directive 89/391/EEC, the individual Directives within the meaning of Article 16(1) thereof and Directives 83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC.

(6)

The Commission’s communication ‘Adapting to change in work and society: a new Community strategy for health and safety 2002 to 2006’ provides for the drafting of legislative proposals to simplify and rationalise implementation reports. This matter has also been identified as one of the priorities for the simplification of Community legislation in the context of the Better Lawmaking initiative.

(7)

The exercise should be simplified by harmonising the intervals for the submission of the practical implementation reports to the Commission and by requiring a single practical implementation report which would include a general part applicable to all the directives and specific chapters relating to the aspects particular to each directive. These provisions, and, in particular, the introduction of a new Article 17a in Directive 89/391/EEC, will furthermore allow the inclusion in this implementation report exercise of the individual Directives within the meaning of Article 16(1) of Directive 89/391/EEC that do not require reports, namely: Directives 2000/54/EC and 2004/37/EC and any future individual directives within the meaning of Article 16(1) of Directive 89/391/EEC.

(8)

The appropriate frequency for the Member States to draw up these reports and submit them to the Commission should be five years; the first report should, exceptionally, cover a longer period; the structure of the reports should be consistent to facilitate their exploitation; they should be drawn up on the basis of a questionnaire drafted by the Commission after consulting the Advisory Committee on Safety and Health at Work and include relevant information on the preventive efforts deployed in the Member States so as to allow the Commission, taking into account any relevant findings of the European Agency for Safety and Health at Work and of the European Foundation for the Improvement of Living and Working Conditions, to adequately assess how the legislation works in practice.

(9)

In accordance with Article 138(2) of the Treaty, the Commission consulted the social partners at Community level on the possible direction of Community action in this field.

(10)

Following this consultation, the Commission considered that Community action was desirable and consulted the social partners at Community level again on the content of the envisaged proposal, in accordance with Article 138(3) of the Treaty.

(11)

Following this second phase of consultation, the social partners at Community level did not inform the Commission of their wish to initiate the process which could lead to the conclusion of an agreement, as set out in Article 138(4) of the Treaty.

(12)

The Member States should take the necessary measures to transpose the modifications provided for by this Directive, which could, in view of the specific nature of this Directive and if appropriate, take the form of administrative measures,

1.

Article 18(3) and (4) of Directive 89/391/EEC;

2.

Article 10(3) and (4) of Directive 89/654/EEC;

3.

Article 10(3) and (4) of Directive 89/655/EEC;

4.

Article 10(3) and (4) of Directive 89/656/EEC;

5.

Article 9(3) and (4) of Directive 90/269/EEC;

6.

Article 11(3) and (4) of Directive 90/270/EEC;

7.

Article 10(3) and (4) of Directive 91/383/EEC;

8.

Article 9(3) and (4) of Directive 92/29/EEC;

9.

Article 14(4) and (5) of Directive 92/57/EEC;

10.

Article 11(4) and (5) of Directive 92/58/EEC;

11.

Article 14(4), (5) and (6) of Directive 92/85/EEC;

12.

Article 12(4) of Directive 92/91/EEC;

13.

Article 13(4) of Directive 92/104/EEC;

14.

Article 13(3) and (4) of Directive 93/103/EC;

15.

Article 17(4) and (5) of Directive 94/33/EC;

16.

Article 15 of Directive 98/24/EC;

17.

Article 13(3) of Directive 1999/92/EC;

18.

Article 13 of Directive 2002/44/EC;

19.

Article 16 of Directive 2003/10/EC;

20.

Article 12 of Directive 2004/40/EC;

21.

Article 12 of Directive 2006/25/EC.

27.6.2007   

EN

Official Journal of the European Union

L 165/25

(1)

The rapporteur Member State informed the Commission that it might be necessary to revise the MRLs for diazinon in Directive 90/642/EEC in the light of concerns about consumer intake. Proposals for the review of Community MRLs were submitted to the Commission.

(2)

Community MRLs and the levels recommended by the Codex Alimentarius are fixed and evaluated following similar procedures. There are a number Codex MRLs for diazinon. The Community MRLs based on Codex MRLs have also been evaluated by the rapporteur Member State in the light of the new information on the risk for the consumers.

(3)

The lifetime and short-term exposure of consumers to diazinon via food products has been reassessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation (2). On that basis, it is appropriate to fix new MRLs, which will ensure that there is no unacceptable consumer exposure.

(4)

Where relevant, the acute exposure of consumers to diazinon via each of the food products that may contain residues has been assessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation. It is concluded that the presence of pesticide residues at or below the new MRLs will not cause acute toxic effects.

(5)

It is therefore necessary to modify the MRLs set out in Annex II to Directive 90/642/EEC, to allow for proper surveillance and control of the prohibition of their uses and to protect the consumer.

(6)

Through the World Trade Organisation, the Community’s trading partners have been consulted about the new MRLs and their comments on these levels have been taken into account.

(7)

Annex II to Directive 90/642/EEC should therefore be amended accordingly.

(8)

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

27.6.2007   

EN

Official Journal of the European Union

L 165/33

(1)

In a letter dated 9 October 2006 and registered by the Secretariat-General of the Commission on 11 October 2006, Italy sought authorisation to introduce measures derogating from the provisions of Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (2), which govern a taxable person's right to deduct VAT paid on purchases and those which require tax to be accounted for on business assets used for private purposes.

(2)

Directive 77/388/EEC has been replaced with Directive 2006/112/EC.

(3)

In accordance with Article 395(2) of Directive 2006/112/EC, the Commission transmitted, by a letter dated 28 February 2007, to the other Member States the request made by Italy. By a letter dated 21 November 2006, the Commission notified Italy that it had all the information that it considered necessary for appraisal of the request.

(4)

Article 168 of Directive 2006/112/EC establishes a taxable person's right to deduct VAT charged on supplies of goods and services received by him for use in his taxable transactions. Article 26(1)(a) of the same Directive contains a requirement to account for VAT when a business asset is put to private use.

(5)

The private use of vehicles is difficult to identify accurately and even where it is possible, the mechanism for doing so is often burdensome. Under the requested measures, the amount of VAT on expenditure eligible for deduction in respect of vehicles which are not used entirely for business purposes should, with some exceptions, be set at a flat percentage rate. Based on currently available information, the Italian authorities believe that a rate of 40 % is justifiable. At the same time, to avoid double taxation, the requirement of accounting for VAT on the private use of a vehicle should be suspended where it has been subject to this restriction. These measures can be justified by the need to simplify the procedure for charging VAT and to prevent evasion through incorrect record keeping.

(6)

These derogating measures should be limited in time to allow for an evaluation of their effectiveness and of the appropriate percentage, since the proposed percentage is based on initial findings on business use.

(7)

On 4 November 2004 the Commission presented a proposal for a Council Directive amending Directive 77/388/EEC, now 2006/112/EC, as regards the right to deduct VAT (3). The derogating measures should end at the entry into force of the proposed Directive if earlier than the date specified in this Decision,

—

the vehicle forms part of the taxable person's stock-in-trade in the exercise of his activity,

—

the vehicle is used as a taxi,

—

the vehicle is used for instruction by a driving school,

—

the vehicle is used for hire or leasing,

—

the vehicle is used by sales representatives.

27.6.2007   

EN

Official Journal of the European Union

L 165/35

27.6.2007   

EN

Official Journal of the European Union

L 165/35