29.11.2007   

EN

Official Journal of the European Union

L 311/1

(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,

29.11.2007   

EN

Official Journal of the European Union

L 311/3

(1)

An administrative error has occurred at the time of adoption of Commission Regulation (EC) No 1975/2006 (2), as a result of which the percentage of the aid, which may be paid after finalisation of the administrative checks, was set at 70 % rather than 75 % as originally intended.

(2)

Regulation (EC) No 1975/2006 should therefore be amended accordingly.

(3)

The measure provided for in this Regulation is in accordance with the opinion of the Rural Development Committee,

29.11.2007   

EN

Official Journal of the European Union

L 311/4

(1)

Article 8(1) of Commission Regulation (EC) No 245/2001 of 5 February 2001 laying down detailed rules for the application of Council Regulation (EC) No 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre (2) stipulates that the apportioning of 5 000 tonnes of short flax fibre and hemp fibre as national guaranteed quantities, as provided for in Article 3(2)(b) of Regulation (EC) No 1673/2000, must be effected before 16 November of the marketing year in progress.

(2)

To that end, Denmark and Italy have sent the Commission information relating to areas covered by sale/purchase contracts, processing commitments and processing contracts, and estimated flax and hemp straw and fibre yields.

(3)

Conversely, no flax or hemp fibre will be produced for the 2007/08 marketing year in Greece, Ireland or Luxembourg.

(4)

On the basis of estimates of production resulting from the information provided, total production in the five Member States concerned will not reach the overall quantity of 5 000 tonnes allocated to them, and the national guaranteed quantities as set out below should be set.

(5)

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

—

Denmark 73 tonnes;

—

Greece 0 tonnes;

—

Ireland 0 tonnes;

—

Italy 364 tonnes;

—

Luxembourg 0 tonnes.

29.11.2007   

EN

Official Journal of the European Union

L 311/5

(1)

The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, was signed on 15 October 2007. The Interim Agreement on trade and trade related matters will enter into force on 1 January 2008. The Interim Agreement will allow the trade provisions of the Stabilisation and Association Agreement to apply provisionally pending its ratification. Therefore, the Republic of Montenegro should be removed from the scope of application of Regulation (EC) No 517/94 from the date of implementation of the Interim Agreement.

(2)

After the removal of all components of the former Yugoslavia from the scope of application of Regulation (EC) No 517/94, Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999 (2) is the only territory in the region subject to textile quotas. Therefore and in view of the lack of textile industry, it is considered appropriate that Kosovo is also excluded from the scope of application of Regulation (EC) No 517/94 in order to avoid any discrimination against this territory.

(3)

Regulation (EC) No 517/94 should therefore be amended accordingly.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee established by Article 25 of Regulation (EC) No 517/94,

29.11.2007   

EN

Official Journal of the European Union

L 311/7

(1)

Council Regulation (EC) No 1355/2007 (2) provides for the opening of an autonomous and transitional Community quota for the import of 1 900 tonnes of sausages and certain meat products originating from Switzerland.

(2)

In order to ensure that quota benefit is available until the entry into force of the adaptation of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (3) approved by Council and Commission Decision 2002/309/EC, Euratom (4) (hereafter referred to as the Agreement), it is appropriate to open the tariff quotas on an autonomous and transitional basis from 1 January 2008 until 31 December 2009.

(3)

To be eligible for the benefit of those tariff quotas, products should originate in Switzerland in conformity with the rules referred to in Article 4 of the Agreement.

(4)

The administration of the tariff quota should be based on import licences. To that end, detailed rules should be laid down for the submission of import licence applications and the information which must appear in these applications and import licences.

(5)

Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (5) and 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 (6) should apply, save as otherwise provided for in this Regulation.

(6)

In order to ensure regular imports, the quantities of products covered by the import tariff quota should be spread out over four subperiods within the period from 1 January to 31 December. In any case, Regulation (EC) No 1301/2006 limits the period of validity of licences to the last day of the import tariff quota period.

(7)

In the interest of the operators it should be provided that the Commission determines the quantities not applied for that will be added to the next subperiod.

(8)

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

(a)

25 % in the period from 1 January to 31 March;

(b)

25 % in the period from 1 April to 30 June;

(c)

25 % in the period from 1 July to 30 September;

(d)

25 % in the period from 1 October to 31 December.

(a)

in box 8, the country of origin and the mention ‘yes’ marked by a cross;

(b)

in box 20, one of the references set out in Part A of Annex II.

29.11.2007   

EN

Official Journal of the European Union

L 311/12

(1)

Commission Regulation (EC) No 474/2006 (2) established the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005.

(2)

In accordance with Article 4(3) of Regulation (EC) No 2111/2005, some Member States communicated to the Commission information that is relevant in the context of updating the Community list. Relevant information was also communicated by third countries. On this basis, the Community list should be updated.

(3)

The Commission informed all air carriers concerned either directly or, when this was not practicable, through the authorities responsible for their regulatory oversight, indicating the essential facts and considerations which would form the basis for a decision to impose on them an operating ban within the Community or to modify the conditions of an operating ban imposed on an air carrier which is included in the Community list.

(4)

Opportunity was given by the Commission to the air carriers concerned to consult the documents provided by Member States, to submit written comments and to make an oral presentation to the Commission within 10 working days and to the Air Safety Committee established by Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation (3).

(5)

The authorities with responsibility for regulatory oversight over the air carriers concerned have been consulted by the Commission as well as, in specific cases, by some Member States.

(6)

Regulation (EC) No 474/2006 should therefore be amended accordingly.

(7)

Following the analysis of documentation submitted by Blue Wing Airlines in relation to progress made in the implementation of its corrective action plan, and following the endorsement and positive assessment of this documentation by the competent authorities of Suriname, there is sufficient evidence to demonstrate that this carrier has completed successfully the corrective actions that are necessary to eliminate the deficiencies which led to its inclusion in the Community list.

(8)

On the basis of the common criteria, it is assessed that Blue Wing Airlines has taken all the required measures to conform to relevant safety standards and therefore may be withdrawn from Annex A.

(9)

Pakistan International Airlines submitted to the Commission documentation which confirms the corrective actions taken to rectify the safety deficiencies on the remaining aircraft of its fleet of type Airbus A-310 (registration marks: AP-BDZ, AP-BEB, AP-BGO, AP-BEQ, AP-BGS and AP-BGQ) and Boeing B-747-300 (registration marks: AP-BFW, AP-BFV, AP-BFY) which are still subject to operational restrictions. The competent authorities of Pakistan have endorsed those measures.

(10)

As a consequence, on the basis of the common criteria, it is assessed that the current regime of operational restrictions imposed on Pakistan International Airlines should end, and the carrier should be removed from Annex B.

(11)

The competent authorities of Pakistan have agreed that, before the resumption of operations to the Community of each individual aircraft concerned, and including the aircraft referred to in recital 8 of Commission Regulation (EC) No 787/2007 (4), they shall provide the authorities of the Member State of the airport of destination, as well as the Commission, with a safety inspection report of the aircraft which they have conducted no more than 72 hours before the aircraft is due to operate. On receipt of the report, the relevant Member State may, if necessary, take appropriate measures in accordance with Article 6 of Regulation (EC) No 2111/2005. On arrival, a complete SAFA ramp inspection of the aircraft should be carried out, and its report should be transmitted without delay to the Commission, which will forward it to the other Member States. Member States intend to verify systematically the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of this carrier.

(12)

Following the submission of a revised plan of corrective actions and supporting documentation by Mahan Air in relation to the implementation of this plan, and following the endorsement and positive assessment of those by the competent authorities of the Islamic Republic of Iran, there is sufficient evidence to demonstrate that the carrier is in the process of implementing corrective actions to eliminate the deficiencies which led to its inclusion in the Community list.

(13)

However, despite the implementation of corrective actions in the area of maintenance and engineering, there are verified major deficiencies regarding the continued airworthiness of certain aircraft operated into the Community which have led to the launch of a suspension procedure of the certificate of airworthiness of these aircraft, as well as verified evidence with regard to major deficiencies on requirements of maintenance. Furthermore, further adjustments to the corrective action plan in the area of operations have been considered necessary and requested accordingly (5).

(14)

On the basis of the common criteria, it is assessed that, at this stage, Mahan Air has not shown the ability to take all the required measures to conform to relevant safety standards and should therefore be retained in Annex A. The Commission takes note of the willingness of the competent authorities of the Islamic Republic of Iran to enhance the exercise of their oversight responsibilities with a view to improving safety and cooperate closely to that end with the Commission.

(15)

Following the submission of a revised plan of corrective actions and supporting documentation by Ukrainian Mediterranean Airlines in relation to the implementation of this plan, and following the endorsement and assessment of those by the competent authorities of the Ukraine, there is evidence to demonstrate that the carrier is in the process of implementing corrective actions to eliminate the deficiencies which led to its inclusion in the Community list. The competent authorities of the Ukraine have inspected the carrier and have issued a new Air Operator's Certificate with a 12 month validity period until 15 October 2008. Nevertheless, according to submissions of the competent authorities of the Ukraine dated 13 November 2007, the authorities remain concerned about an insufficient control by the air carrier's management over repeated deficiencies and the quality of flight preparation records. Furthermore, according to the competent authorities of the Ukraine, the frequency of such findings does not allow them to conclude on the solidity and sustainability of the improvements in the carrier despite the positive changes. Finally, the competent authorities of the Ukraine affirm that the carrier ‘needs a lot of resources and much time for compliance with the appropriate standards’.

(16)

On the basis of the common criteria, it is assessed that Ukrainian Mediterranean Airlines has not shown the ability to take all the required measures to conform to relevant safety standards and should therefore be retained in Annex A.

(17)

The Commission takes note of the commitment of the competent authorities of the Ukraine to enhance surveillance of this carrier with a view to accelerating the appropriate implementation of the corrective action plan.

(18)

Hewa Bora Airways has ceased operations into the Community for the last four months with the aircraft of type Boeing B767-266ER, cons. No 23 178, and with registration mark 9Q-CJD, with which it has been authorised to operate as provided for in Regulation (EC) No 235/2007. Instead, it has been operating into the Community under a wet lease agreement (ACMI) with a Belgian air carrier.

(19)

On the basis of this information, the Commission considers that there is no change in the status of the carrier and that the aircraft of type Boeing B767-266ER, cons. No 23 178 should remain included in Annex B.

(20)

The undertaking Cronos Airlines has informed the Commission that it has been granted an Air Operator's Certificate by the authorities of Equatorial Guinea. Since this new air carrier has been certified by the authorities of Equatorial Guinea which have shown a lack of ability to carry out adequate safety oversight, it should be included in Annex A.

(21)

The authorities of Equatorial Guinea have provided the Commission with updated information regarding the operations of the carriers certified by these authorities. In particular, these authorities have stated that Guinea Airways has ceased its operations. However, there is no evidence of withdrawal of the Air Operator's Certificate of that air carrier. Therefore, without such information, this carrier cannot be, at this stage, withdrawn from Annex A.

(22)

The authorities of the Kyrgyz Republic have provided the Commission with evidence of the withdrawal of the Air Operator's Certificates of World Wing Aviation on grounds of safety. Since this carrier certified in the Kyrgyz Republic has consequently ceased its activities, it should be withdrawn from Annex A.

(23)

Following the invitation of the Indonesian Directorate General for Civil Aviation (DGCA), a team of European experts conducted a fact-finding mission to Indonesia from 5 to 9 November 2007. Its report shows that already in 2007 the DGCA has started putting in place corrective actions meant to improve its ability to implement and enforce the relevant safety standards. The DGCA has informed that during 2007 it has begun with the restructuring of the DGCA and has granted increased powers to its inspectors. However, it also shows that the safety oversight functions on the carriers certified could not be fully executed during the first 10 months of 2007. As of beginning 2008, the DGCA intends to obtain additional human and financial resources in order to fulfil its obligations under the Chicago Convention. The Commission takes note of this progress, and strongly encourages the DGCA to implement all the corrective actions presented to the Commission. The Commission considers, however, that the current status of implementation of corrective actions by the DGCA of Indonesia does not allow, at this stage, the removal of the operating ban imposed on all carriers certified by this authority.

(24)

The authorities of Indonesia have provided the Commission with an updated list of air carriers holding an Air Operator's Certificate. At present, the air carriers certified in Indonesia are the following: Garuda Indonesia, Merpati Nusantara, Kartika Airlines, Mandala Airlines, Trigana Air Service (AOCs 121-006 and 135-005), Metro Batavia, Pelita Air Service (AOCs 121-008 and 135-001), Indonesia Air Asia, Lion Mentari Airlines, Wing Adabi Nusantara, Cardig Air, Riau Airlines, Trans Wisata Prima Aviation, Tri MG Intra Airlines (AOCs 121-018 and 135-037), Ekspres Transportasi Antar Benua (AOCs 121-019 and 135-032), Manunggal Air Service, Megantara Airlines, Sriwijaya Air, Adam Skyconnection Airlines, Travel Expres Airlines, Republic Expres Airlines, Airfast Indonesia, Travira Utama, Derazona Air Service, National Utility Helicopter, Deraya Air Taxi, Dirgantara Air Service, SMAC, Kura-Kura Aviation, Indonesia Air Transport, Gatari Air Service, Intan Angkasa Air Service, Air Pacific Utama, Transwisata Prima Aviation, Asco Nusa Air Transport, Pura Wisata Baruna, Panarbangan Angkasa Semesta, Asi Pujiastuti, Aviastar Mandiri, Dabi Air Nusantara, Balai Kalibrasi Fasilitas Penerbangan, Sampurna Air Nusantara, and Eastindo. The Community list should be updated accordingly and these carriers should be included in Annex A.

(25)

The competent authorities of Angola submitted to the Commission a new corrective action plan aimed at enhancing their capability to implement and enforce the relevant safety standards with respect to the carrier TAAG Angola Airlines, as well as addressing the safety concerns raised by ICAO during the 2004 ICAO USOAP audit.

(26)

The carrier TAAG Angola Airlines submitted to the Commission information on the corrective actions being implemented so as to address the root causes of the safety deficiencies identified during ramp inspections performed under the SAFA programme, and indicating the systemic nature of the said deficiencies.

(27)

The Commission acknowledges the effort made by the carrier towards achieving all the required measures to conform to relevant safety standards, as well as the strong disposition towards collaboration shown by both the carrier and the competent authorities of Angola. However, the Commission considers that a decision to withdraw TAAG Angola Airlines from the Community list is, at this stage, premature because there are still significant safety deficiencies which have to be addressed, as well as the recertification process of the carrier by the competent authorities. The Commission will undertake an on-site visit so as to verify the full implementation of the corrective actions which the carrier is still in the process of completing.

(28)

On 29 August 2007 the Albanian Civil Aviation Authority submitted a comprehensive recovery action plan to the Commission, committing itself to providing the Commission with regular update reports on the progress achieved in the implementation of the said plan.

(29)

The first update report, submitted by the Albanian Civil Aviation Authority on 5 November 2007, shows that the competent authorities of Albania have made progress in the implementation of the said action plan and that they intend to have completed its implementation by the end of 2008. Their commitment to improve their aviation safety oversight capabilities has been further corroborated by the report of the last assessment visit conducted in Albania from 22 to 26 October 2007 within the framework of the European Common Aviation Area (ECAA).

(30)

The Commission intends to keep monitoring the implementation of the corrective action plan through the agreed regular updates to be submitted by the Albanian Authorities. Member States intend to verify systematically the effective compliance with relevant safety standards through ramp inspections to be carried out on aircraft of these air carriers.

(31)

The Commission has reviewed the corrective action plan of the competent authorities of the Republic of Moldova which has been submitted on 3 September 2007 and it has taken note of the status of its implementation. The submitted action plan offers sustainable solutions for the present number of carriers certified in the Republic of Moldova.

(32)

The Commission considers therefore that, as long as the number of operators under regulatory oversight of the competent authorities of the Republic of Moldova is kept at present level, the measures taken by these authorities are sufficient to reinstate their capability to perform their surveillance responsibilities in accordance with the Chicago Convention. In order to ensure that these measures provide for a sustainable solution of the deficiencies previously identified, the Commission intends to keep monitoring the implementation of the corrective action plan. Member States intend to verify systematically the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of air carriers licensed by these authorities and to transmit the results of these inspections without delay to the Commission.

(33)

Following discussions between the competent authorities of the Russian Federation and the Commission and the submission of evidence of verification by the former of corrective actions implemented by air carriers which have been subject to operating restrictions since 23 June 2007, the competent authorities of the Russian Federation have decided on 26 November 2007 to modify the operating restrictions imposed previously by virtue of their decision of 23 June 2007. Accordingly, by this decision the full operating ban on the companies Kuban Airlines, Yakutia Airlines, Kavminvodyavia has been removed.

(34)

By virtue of the same decision, certain air carriers are authorised to operate into the Community only with specific equipment: these air carriers are the following: Krasnoyarsk Airlines: aircraft Boeing-737 (EI-DNH/DNS/DNT/CBQ/CLZ/CLW), Boeing-757 (EI-DUA/DUD/DUC/DUE), Boeing-767 (EI-DMP/DMH), Тu-214 (RA-65508), Тu-154M (RA-85720); Ural Airlines: aircraft А-320 (VP-BQY/BQZ), Тu-154M (RA-85807/85814/85833/85844); Gazpromavia: aircraft Falcon-900 (RA-09000/09001/09006/09008); Atlant-Soyuz: aircraft Boeing-737 (VP-BBL/BBM), Тu-154M (RA-85709/85740); UTAir: aircraft ATR-42 (VP-BCB/BCF/BPJ/BPK), Gulfstream IV (RA-10201/10202), Тu-154M (RA-85805/85808); Kavminvodyavia: aircraft Тu-204 (RA-64022/64016), Тu-154М (RA-85715/85826/85746); Kuban Airlines: aircraft Yak-42 (RA-42386/42367/42375); Air Company Yakutia: aircraft Тu-154М (RA-85700/85794) and Boeing-757-200 (VP-BFI); Airlines 400: aircraft Тu-204 (RA-64018/64020).

(35)

Furthermore, according to the above mentioned decision, the competent authorities of the Russian Federation have imposed operating restrictions on specific aircraft of Orenburg Airlines — aircraft Tu 154 (RA-85768) and B-737-400 (VP-BGQ), Air Company Tatarstan — aircraft Tu-154 (RA 85101 and RA-85109); Air Company Sibir — aircraft B-737-400 (VP-BTA) and Rossija — aircraft Tu-154 (RA-85753 and RA-85835). These aircraft are not allowed to operate into the Community. By virtue of the same decision, the competent authorities of the Russian Federation will present to the Commission by 20 February 2008 their assessment after verification of completion and efficacy of corrective actions which the carriers concerned have undertaken to have completed before that date. It is recalled that all Russian-built aircraft registered in the Russian Federation operating in commercial mode must be in compliance with requirement of Part II Chapter 3, Volume 1 of Annex 16 to the Chicago Convention.

(36)

The Commission takes note of the decision of the competent authorities of the Russian Federation, and in particular the fact that the measures referred to therein will not be modified until the safety deficiencies of the air carriers concerned have been resolved to the mutual satisfaction of both the competent authorities of the Russian Federation and the Commission and that any modifications to these measures can be adopted by the competent authorities of the Russian Federation only in coordination with the Commission. Also, it takes note of the fact that all Russian air carriers which operate international services, including into the Community, are informed, that any ramp inspection resulting in significant (category 2) and major (category 3) findings, if not duly rectified, will lead to the imposition of operating restrictions by the Russian authorities. Finally, the competent authorities of the Russian Federation, by virtue of their decision, have undertaken to submit to the Commission the results of inspections and audits of the air carriers carried out by these authorities.

(37)

The Commission takes note of these developments and intends to verify the evidence of corrective actions implemented by the air carriers concerned before the next update of Regulation (EC) No 474/2006.

(38)

In the meantime, Member States intend to verify systematically the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft of these air carriers and to transmit the results of these inspections without delay to the Commission. The Commission should transmit these results on a monthly basis to the competent authorities of the Russian Federation.

(39)

As stated in Regulation (EC) No 787/2007, the competent authorities of Bulgaria informed the Commission of the revocation of the Air Operator's Certificate of the carriers Vega Airlines, Bright Aviation, Scorpion Air and Air Sofia, of the suspension of the Air Operator's Certificate of Air Scorpio and of the imposition of operating restrictions on the aircraft of the carrier Heli Air that were not equipped with the necessary obligatory safety equipment (EGPWS and TCAS) to perform safe flights within the Community.

(40)

The competent authorities of Bulgaria have submitted documentation to the Commission containing information about measures taken by these authorities after the adoption of the measures referred to in recitals 38 and 39 of Regulation (EC) No 787/2007.

(41)

Accordingly, these authorities have reported the removal from the Bulgarian register of all aircraft of type Antonov 12 of the air carriers Scorpion Air, Bright Aviation Services and Vega Airlines. The same measure has been taken with regard to the aircraft of the same type of Air Sofia with the exception of one aircraft whose Certificate of Airworthiness expired in July 2007 and which will be removed from the Bulgarian register on 30 January 2008. With regard to Air Scorpio, after the suspension of its Air Operator's Certificate, the undertaking is performing flight training and non commercial operations.

(42)

With regard to Heli Air, the competent authorities of Bulgaria informed that the carrier will be in a position to operate all aircraft on its fleet of type LET L-410 fully equipped with the necessary obligatory safety equipment (EGPWS and TCAS) and therefore able to ensure safe operation within the Community at the latest by 5 December 2007.

(43)

The Commission takes note of these measures and acknowledges the continued efforts made by the competent authorities of Bulgaria to improve the exercise of oversight responsibilities. The Commission supports the efforts of the competent authorities of Bulgaria to continue the exercise of oversight responsibilities. It shall continue to monitor this process with the assistance of EASA and the Member States.

(44)

No evidence of the full implementation of appropriate remedial actions by the other carriers included in the Community list updated on 11 September 2007 and by the authorities with responsibility for regulatory oversight of these air carriers has been communicated to the Commission so far in spite of specific requests submitted by the latter. Therefore, on the basis of the common criteria, it is assessed that these air carriers should continue to be subject to an operating ban (Annex A) or operating restrictions (Annex B), as the case may be.

(45)

The measures provided for in this Regulation are in accordance with the opinion of the Air Safety Committee,

1.

Annex A is replaced by Annex A to this Regulation.

2.

Annex B is replaced by Annex B to this Regulation.

29.11.2007   

EN

Official Journal of the European Union

L 311/25

(1)

Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2007.

(2)

On 23 August 2007 Portugal notified the Commission, pursuant to Article 21(2) of Regulation (EEC) No 2847/93, that it would close the fishery for anglerfish in the waters of ICES zone VIII c, IX and X; EC waters of CECAF 34.1.1 for its vessels from 27 August 2007.

(3)

On 3 October 2007 the Commission, pursuant to Article 21(3) of Regulation (EEC) No 2847/93 and Article 26(4) of Regulation (EC) No 2371/2002, adopted Regulation (EC) No 1160/2007 (4) prohibiting fishing for anglerfish in the waters of ICES zone VIII c, IX and X; EC waters of CECAF 34.1.1 by vessels flying the flag of Portugal or registered in Portugal, with effect from the same date.

(4)

According to the information received by the Commission from the Portuguese authorities, a quantity of anglerfish is still available in the Portuguese quota in area VIII c, IX and X; EC waters of CECAF 34.1.1. Consequently, fishing for anglerfish in these waters by vessels flying the flag of Portugal or registered in Portugal should be authorised.

(5)

This authorisation should take effect on 8 November 2007, in order to allow the quantity of anglerfish in question to be fished before the end of the current year.

(6)

Commission Regulation (EC) No 1160/2007 should be repealed with effect from 8 November 2007,

29.11.2007   

EN

Official Journal of the European Union

L 311/27

(1)

Regulation (EC) No 517/94 established quantitative restrictions on imports of certain textile products originating in certain third countries to be allocated on a first come, first served basis.

(2)

Under that Regulation it is possible, in certain circumstances, to use other allocation methods, to divide quotas into tranches, or to reserve a proportion of a specific quantitative limit exclusively for applications which are supported by evidence of the results of past import performance.

(3)

Rules for management of the quotas established for 2008 should be adopted before the quota year begins so that the continuity of trade flows is not affected unduly.

(4)

The measures adopted in previous years, such as those in Commission Regulation (EC) No 1785/2006 laying down rules for the management and distribution of textile quotas established for the year 2007 under Council Regulation (EC) No 517/94 (2), proved to be satisfactory and it is therefore appropriate to adopt similar rules for 2008.

(5)

In order to satisfy the greatest possible number of operators it is appropriate to make the ‘first come, first served’ allocation method more flexible by placing a ceiling on the quantities which can be allocated to each operator by that method.

(6)

To guarantee a degree of continuity in trade and efficient quota administration, operators should be allowed to make their initial import authorisation application for 2008 equivalent to the quantity which they imported in 2007.

(7)

To achieve optimum use of the quantities, an operator who has used up at least one half of the amount already authorised should be permitted to apply for a further amount, provided that quantities are available in the quotas.

(8)

For the sake of sound administration, import authorisations should be valid for nine months from the date of issue but only until the end of the year at the latest. Member States should issue licences only after being notified by the Commission that quantities are available and only if an operator can prove the existence of a contract and can certify, in the absence of a specific provision to the contrary, that he has not already been allocated a Community import authorisation under this Regulation for the categories and countries concerned. The competent national authorities should, however, be authorised, in response to importers’ applications, to extend by three months and up to 31 March 2009 licences of which at least one half has been used by the application date.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee established by Article 25 of Regulation (EC) No 517/94,

(a)

proves the existence of a contract relating to the provision of the goods; and

(b)

certifies in writing that, in respect of the categories and countries concerned:

29.11.2007   

EN

Official Journal of the European Union

L 311/33

(1)

Council Regulation (EC) No 2015/2006 of 19 December 2006 fixing for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (3), lays down quotas for 2007 and 2008.

(2)

On 22 October 2007 Spain notified the Commission, pursuant to Article 21(2) of Regulation (EEC) No 2847/93, that it would close the fishery for red seabream in the waters of ICES zones VI, VII and VIII (Community waters and waters not under the sovereignty or jurisdiction of third countries) from 19 October 2007.

(3)

On 13 November 2007 the Commission, pursuant to Article 21(3) of Regulation (EEC) No 2847/93 and Article 26(4) of Regulation (EC) No 2371/2002, adopted Regulation (EC) No 1328/2007 (4) prohibiting fishing for red seabream in the waters of ICES zones VI, VII and VIII (Community waters and waters not under the sovereignty or jurisdiction of third countries) by vessels flying the flag of Spain or registered in Spain.

(4)

According to the information received by the Commission from the Spanish authorities, a quantity of red seabream is still available in the Spanish quota in ICES zones VI, VII and VIII (Community waters and waters not under the sovereignty or jurisdiction of third countries). Consequently, fishing for red seabream in these waters by vessels flying the flag of Spain or registered in Spain should be authorised.

(5)

This authorisation should take effect on 30 October 2007, in order to allow the quantity of red seabream in question to be fished before the end of the current year.

(6)

Commission Regulation (EC) No 1328/2007, should be repealed with effect from 30 October 2007,

29.11.2007   

EN

Official Journal of the European Union

L 311/35

(1)

On 14 November 2001 at Doha, the Fourth Session of the Ministerial Conference of the World Trade Organisation (hereinafter referred to as the WTO) adopted the Declaration on the TRIPS Agreement and Public Health (WTO doc. WT/MIN(01)/DEC/2).

(2)

Paragraph 6 of that Declaration instructed the Council for TRIPS to find an expeditious solution to the problem of the difficulties that WTO Members with insufficient or no manufacturing capacities in the pharmaceutical sector could face in making effective use of compulsory licensing under the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the TRIPS Agreement).

(3)

On 30 August 2003, the WTO General Council adopted a temporary Decision on the implementation of paragraph 6 of the Declaration on the TRIPS Agreement and Public Health.

(4)

Paragraph 11 of that Decision provides that that Decision, including the waivers granted in it, is to terminate for each Member on the date on which an amendment to the TRIPS Agreement replacing its provisions takes effect for that Member.

(5)

On 6 December 2005, in order to transform the 30 August 2003 Decision into an amendment of the TRIPS Agreement, the WTO General Council adopted a Protocol amending the TRIPS Agreement and submitted it to the Members of the WTO for acceptance.

(6)

Paragraph 3 of the Protocol provides that the Protocol is to be open for acceptance by Members until 1 December 2007 or such later date as may be decided by the Ministerial Conference.

(7)

The Commission participated, on behalf of the Community, in the negotiation of the Protocol.

(8)

In accordance with Article 133(5) of the Treaty, the Community is competent to conclude agreements in the field of commercial aspects of intellectual property.

(9)

The Protocol should be accepted on behalf of the Community.

(10)

In its instrument of acceptance, the Community should also confirm, in accordance with Article 300(7) of the Treaty, that the Protocol will be binding on its Member States,

29.11.2007   

EN

Official Journal of the European Union

L 311/42

(1)

Article 5(1) of the Decision provides that the Committee shall consist of two representatives from each Member State.

(2)

Article 5(2) of that Decision provides that the members of the Committee shall be nominated by the Commission on a proposal from the Member States.

(3)

Article 5(3) of that Decision provides that the term of office of the members of the Committee shall be three years and that their appointment shall be renewable.

(4)

The Committee’s previous term of office ended on 31 December 2006.

(5)

The Commission has consequently to appoint the members of this Committee on the basis of the proposals from the Member States for a period of three years,

29.11.2007   

EN

Official Journal of the European Union

L 311/45

(1)

Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC (3) lays down certain protection measures to be applied in order to prevent the spread of that disease, including the establishment of areas A and B following a suspected or confirmed outbreak of the disease.

(2)

Romania has notified the Commission of an outbreak of highly pathogenic avian influenza of subtype H5N1 in a backyard holding on its territory in the County of Tulcea and has taken the appropriate measures as provided for in Decision 2006/415/EC, including the establishment of areas A and B as provided for in Article 4 of that Decision.

(3)

The Commission has examined those measures in collaboration with Romania, and is satisfied that the borders of areas A and B established by the competent authority in that Member State are at a sufficient distance to the actual location of the outbreak. areas A and B in Romania can therefore be confirmed and the duration of that regionalisation fixed.

(4)

Decision 2006/415/EC should therefore be amended accordingly.

(5)

The measures provided for in this Decision should be reviewed at the next meeting of the Standing Committee on the Food Chain and Animal Health,

29.11.2007   

EN

Official Journal of the European Union

L 311/47

(1)

Article 8(3) of Guideline ECB/2002/7 of 21 November 2002 on the statistical reporting requirements of the European Central Bank in the field of quarterly financial accounts (1) provides that the Governing Council will on a yearly basis review the derogations granted to the national central banks (NCBs) that are unable to comply with the requirements laid down in Article 2 of the Guideline.

(2)

Guideline ECB/2005/13 of 17 November 2005 amending Guideline ECB/2002/7 on the statistical reporting requirements of the European Central Bank in the field of quarterly financial accounts (2) and Guideline ECB/2006/6 contained updated derogations from the data reporting requirements in respect of the Member States that had adopted the euro by the time of adoption of those legal acts.

(3)

Cyprus will adopt the euro on 1 January 2008 and derogations need to be inserted into Guideline ECB/2002/7 in respect of Cyprus.

(4)

In accordance with Article 3.5 of the Rules of Procedure of the European Central Bank, the Governor of the Central Bank of Cyprus has been invited to attend the meeting of the Governing Council adopting this Guideline,

29.11.2007   

EN

Official Journal of the European Union

L 311/49

(1)

Article 8(3) of Guideline ECB/2005/5 of 17 February 2005 on the statistical reporting requirements of the European Central Bank and the procedures for exchanging statistical information within the European System of Central Banks in the field of government finance statistics (1) provides that the Governing Council will on a yearly basis review the derogations granted to the national central banks (NCBs) that are unable to comply with the requirements laid down in Article 2 and Article 4(1) of the Guideline.

(2)

Guideline ECB/2006/27 contained updated derogations from the data reporting requirements in respect of the Member States that had adopted the euro by 18 December 2006, as well as Slovenia.

(3)

Cyprus will adopt the euro on 1 January 2008 and derogations need to be inserted into Guideline ECB/2005/5 in respect of Cyprus.

(4)

In accordance with Article 3.5 of the Rules of Procedure of the European Central Bank, the Governor of the Central Bank of Cyprus has been invited to attend the meeting of the Governing Council adopting this Guideline,