22.12.2007

EN

Official Journal of the European Union

L 340/1

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COUNCIL REGULATION (EC, EURATOM) No 1558/2007

of 17 December 2007

adjusting with effect from 1 July 2007 the remuneration and pensions of officials and other servants of the European Communities and the correction coefficients applied thereto

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Protocol on the Privileges and Immunities of the European Communities, and in particular Article 13 thereof,

Having regard to the Staff Regulations of officials and the conditions of employment of other servants of the European Communities laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular Articles 63, 64, 65 and 82 of the Staff Regulations and Annexes VII, XI and XIII thereto, and the first paragraph of Article 20, Article 64 and Article 92 of the Conditions of employment of other servants,

Having regard to the proposal from the Commission,

Whereas in order to guarantee that the purchasing power of Community officials and other servants develops in parallel with that of national civil servants in the Member States, the remuneration and pensions of officials and other servants of the Communities should be adjusted under the 2007 annual review,

HAS ADOPTED THIS REGULATION:

Article 1

With effect from 1 July 2007, the date ‘1 July 2006’ in the second subparagraph of Article 63 of the Staff Regulations shall be replaced by ‘1 July 2007’.

Article 2

With effect from 1 July 2007, the table of basic monthly salaries in Article 66 of the Staff Regulations applicable for the purposes of calculating remuneration and pensions shall be replaced by the following:

1.7.2007	Steps
Grade	1	2	3	4	5
16	15 761,93	16 424,26	17 114,43
15	13 930,91	14 516,30	15 126,30	15 547,14	15 761,93
14	12 312,60	12 829,99	13 369,12	13 741,07	13 930,91
13	10 882,28	11 339,57	11 816,07	12 144,81	12 312,60
12	9 618,12	10 022,29	10 443,43	10 733,99	10 882,28
11	8 500,81	8 858,03	9 230,25	9 487,05	9 618,12
10	7 513,30	7 829,02	8 158,00	8 384,97	8 500,81
9	6 640,50	6 919,54	7 210,31	7 410,91	7 513,30
8	5 869,09	6 115,72	6 372,71	6 550,01	6 640,50
7	5 187,30	5 405,28	5 632,41	5 789,12	5 869,09
6	4 584,71	4 777,36	4 978,11	5 116,61	5 187,30
5	4 052,11	4 222,39	4 399,82	4 522,23	4 584,71
4	3 581,39	3 731,89	3 888,71	3 996,90	4 052,11
3	3 165,35	3 298,37	3 436,97	3 532,59	3 581,39
2	2 797,64	2 915,20	3 037,71	3 122,22	3 165,35
1	2 472,65	2 576,55	2 684,82	2 759,52	2 797,64

Article 3

With effect from 1 July 2007, the correction coefficients applicable under Article 64 of the Staff Regulations to the remuneration of officials and other servants shall be as indicated in column 2 of the following table.

With effect from 1 January 2008, the correction coefficients applicable under Article 17(3) of Annex VII to the Staff Regulations to transfers by officials and other servants shall be as indicated in column 3 of the following table.

With effect from 1 July 2007, the correction coefficients applicable to pensions under Article 20(2) of Annex XIII to the Staff Regulations shall be as indicated in column 4 of the following table.

With effect from 1 May 2008, the correction coefficients applicable to pensions under Article 20(2) of Annex XIII to the Staff Regulations shall be as indicated in column 5 of the following table.

1	2	3	4	5
Country/Place	Remuneration 1.7.2007	Transfer 1.1.2008	Pension 1.7.2007	Pension 1.5.2008
Bulgaria	65,8	58,0	100,0	100,0
Czech Rep.	81,2	74,7	100,0	100,0
Denmark	139,4	135,3	136,1	135,3
Germany	99,3	99,7	100,0	100,0
Bonn	98,3
Karlsruhe	96,9
Münich	106,6
Estonia	79,6	77,7	100,0	100,0
Greece	95,3	93,3	100,0	100,0
Spain	100,4	96,4	100,0	100,0
France	117,4	107,3	109,3	107,3
Ireland	121,8	118,0	118,8	118,0
Italy	110,6	107,1	107,8	107,1
Varese	98,6
Cyprus	89,9	92,0	100,0	100,0
Latvia	79,3	75,2	100,0	100,0
Lithuania	71,3	67,8	100,0	100,0
Hungary	89,8	77,7	100,0	100,0
Malta	84,8	87,0	100,0	100,0
Netherlands	111,5	103,0	104,7	103,0
Austria	107,8	107,2	107,3	107,2
Poland	80,7	73,0	100,0	100,0
Portugal	92,2	90,6	100,0	100,0
Romania	76,3	70,5	100,0	100,0
Slovenia	88,3	84,1	100,0	100,0
Slovakia	81,3	74,8	100,0	100,0
Finland	117,8	114,6	115,2	114,6
Sweden	117,0	113,7	114,4	113,7
United Kingdom	143,1	119,8	124,5	119,8
Culham	115,9

Article 4

With effect from 1 July 2007, the amount of the parental leave allowance referred to in the second and third subparagraphs of Article 42a of the Staff Regulations shall be EUR 849,38 and EUR 1 132,49 respectively for single parents.

Article 5

With effect from 1 July 2007, the basic amount of the household allowance referred to in Article 1(1) of Annex VII to the Staff Regulations shall be EUR 158,86.

With effect from 1 July 2007, the amount of the dependent child allowance referred to in Article 2(1) of Annex VII to the Staff Regulations shall be EUR 347,13.

With effect from 1 July 2007, the amount of the education allowance referred to in Article 3(1) of Annex VII to the Staff Regulations shall be EUR 235,53.

With effect from 1 July 2007, the amount of the education allowance referred to in Article 3(2) of Annex VII to the Staff Regulations shall be EUR 84,80.

With effect from 1 July 2007, the minimum amount of the expatriation allowance referred to in Article 69 of the Staff Regulations and in the second subparagraph of Article 4(1) of Annex VII thereto shall be EUR 470,83.

Article 6

With effect from 1 January 2008, the kilometric allowance referred to in the second subparagraph of Article 8(2) of Annex VII to the Staff Regulations shall be adjusted as follows:

EUR 0 for every km from 0 to 200 km

EUR 0,3531 for every km from 201 to 1 000 km

EUR 0,5884 for every km from 1 001 to 2 000 km

EUR 0,3531 for every km from 2 001 to 3 000 km

EUR 0,1177 for every km from 3 001 to 4 000 km

EUR 0,0567 for every km from 4 001 to 10 000 km

EUR 0 for every km over 10 000 km.

To the above kilometric allowance a flat-rate supplement shall be added, amounting to:

—	EUR 176,52 if the distance by train between the place of employment and the place of origin is between 725 km and 1 450 km,

—	EUR 353,02 if the distance by train between the place of employment and the place of origin is greater than 1 450 km.

Article 7

With effect from 1 July 2007, the daily subsistence allowance referred to in Article 10(1) of Annex VII to the Staff Regulations shall be:

—	EUR 36,48 for an official who is entitled to the household allowance,

—	EUR 29,41 for an official who is not entitled to the household allowance.

Article 8

With effect from 1 July 2007, the lower limit for the installation allowance referred to in Article 24(3) of the Conditions of employment of other servants shall be:

—	EUR 1 038,73 for a servant who is entitled to the household allowance,

—	EUR 617,64 for a servant who is not entitled to the household allowance.

Article 9

With effect from 1 July 2007, for the unemployment allowance referred to in the second subparagraph of Article 28a(3) of the Conditions of employment of other servants, the lower limit shall be EUR 1 245,73, the upper limit shall be EUR 2 491,48 and the standard allowance shall be EUR 1 132,49.

Article 10

With effect from 1 July 2007, the table of basic monthly salaries in Article 63 of the Conditions of employment of other servants shall be replaced by the following:

1.7.2007	Steps
Category	Group	1	2	3	4
A	I	6 348,95	7 135,39	7 921,83	8 708,27
	II	4 607,96	5 056,98	5 506,00	5 955,02
	III	3 872,28	4 044,77	4 217,26	4 389,75
B	IV	3 719,83	4 084,00	4 448,17	4 812,34
	V	2 921,86	3 114,47	3 307,08	3 499,69
C	VI	2 778,90	2 942,50	3 106,10	3 269,70
	VII	2 487,22	2 571,85	2 656,48	2 741,11
D	VIII	2 248,06	2 380,46	2 512,86	2 645,26
	IX	2 164,97	2 195,13	2 225,29	2 255,45

Article 11

With effect from 1 July 2007, the table of basic monthly salaries in Article 93 of the Conditions of employment of other servants shall be replaced by the following:

Function group	1.7.2007	Steps
	Grade	1	2	3	4	5	6	7
IV	18	5 433,53	5 546,53	5 661,87	5 779,61	5 899,81	6 022,50	6 147,74
	17	4 802,29	4 902,16	5 004,11	5 108,17	5 214,40	5 322,84	5 433,53
	16	4 244,39	4 332,66	4 422,76	4 514,73	4 608,62	4 704,46	4 802,29
	15	3 751,30	3 829,31	3 908,95	3 990,24	4 073,22	4 157,92	4 244,39
	14	3 315,50	3 384,44	3 454,83	3 526,67	3 600,01	3 674,88	3 751,30
	13	2 930,32	2 991,26	3 053,46	3 116,96	3 181,78	3 247,95	3 315,50
III	12	3 751,25	3 829,25	3 908,88	3 990,16	4 073,14	4 157,84	4 244,30
	11	3 315,47	3 384,41	3 454,79	3 526,63	3 599,97	3 674,83	3 751,25
	10	2 930,32	2 991,25	3 053,45	3 116,95	3 181,77	3 247,93	3 315,47
	9	2 589,91	2 643,76	2 698,74	2 754,86	2 812,14	2 870,62	2 930,32
	8	2 289,04	2 336,64	2 385,23	2 434,83	2 485,46	2 537,15	2 589,91
II	7	2 589,84	2 643,71	2 698,70	2 754,83	2 812,12	2 870,61	2 930,32
	6	2 288,93	2 336,53	2 385,13	2 434,74	2 485,38	2 537,07	2 589,84
	5	2 022,97	2 065,05	2 108,00	2 151,84	2 196,60	2 242,29	2 288,93
	4	1 787,92	1 825,11	1 863,07	1 901,82	1 941,37	1 981,75	2 022,97
I	3	2 202,57	2 248,29	2 294,95	2 342,58	2 391,20	2 440,82	2 491,48
	2	1 947,17	1 987,58	2 028,83	2 070,94	2 113,92	2 157,79	2 202,57
	1	1 721,38	1 757,11	1 793,57	1 830,80	1 868,79	1 907,58	1 947,17

Article 12

With effect from 1 July 2007, the lower limit for the installation allowance referred to in Article 94 of the Conditions of employment of other servants shall be:

—	EUR 781,31 for a servant who is entitled to the household allowance,

—	EUR 463,22 for a servant who is not entitled to the household allowance.

Article 13

With effect from 1 July 2007, for the unemployment allowance referred to in the second subparagraph of Article 96(3) of the Conditions of employment of other servants, the lower limit shall be EUR 934,31, the upper limit shall be EUR 1 868,61 and the standard allowance shall be EUR 849,38.

Article 14

With effect from 1 July 2007, the allowances for shiftwork laid down in the first subparagraph of Article 1(1) of Council Regulation (ECSC, EEC, Euratom) No 300/76 (2) shall be EUR 356,04, EUR 537,38, EUR 587,56 and EUR 801,03.

Article 15

With effect from 1 July 2007, the amounts in Article 4 of Council Regulation (EEC, Euratom, ECSC) No 260/68 (3) shall be subject to a coefficient of 5,139465.

Article 16

With effect from 1 July 2007, the table in Article 8(2) of Annex XIII to the Staff Regulations shall be replaced by the following:

1.7.2007	Steps
Grade	1	2	3	4	5	6	7	8
16	15 761,93	16 424,26	17 114,43	17 114,43	17 114,43	17 114,43
15	13 930,91	14 516,30	15 126,30	15 547,14	15 761,93	16 424,26
14	12 312,60	12 829,99	13 369,12	13 741,07	13 930,91	14 516,30	15 126,30	15 761,93
13	10 882,28	11 339,57	11 816,07	12 144,81	12 312,60
12	9 618,12	10 022,29	10 443,43	10 733,99	10 882,28	11 339,57	11 816,07	12 312,60
11	8 500,81	8 858,03	9 230,25	9 487,05	9 618,12	10 022,29	10 443,43	10 882,28
10	7 513,30	7 829,02	8 158,00	8 384,97	8 500,81	8 858,03	9 230,25	9 618,12
9	6 640,50	6 919,54	7 210,31	7 410,91	7 513,30
8	5 869,09	6 115,72	6 372,71	6 550,01	6 640,50	6 919,54	7 210,31	7 513,30
7	5 187,30	5 405,28	5 632,41	5 789,12	5 869,09	6 115,72	6 372,71	6 640,50
6	4 584,71	4 777,36	4 978,11	5 116,61	5 187,30	5 405,28	5 632,41	5 869,09
5	4 052,11	4 222,39	4 399,82	4 522,23	4 584,71	4 777,36	4 978,11	5 187,30
4	3 581,39	3 731,89	3 888,71	3 996,90	4 052,11	4 222,39	4 399,82	4 584,71
3	3 165,35	3 298,37	3 436,97	3 532,59	3 581,39	3 731,89	3 888,71	4 052,11
2	2 797,64	2 915,20	3 037,71	3 122,22	3 165,35	3 298,37	3 436,97	3 581,39
1	2 472,65	2 576,55	2 684,82	2 759,52	2 797,64

Article 17

With effect from 1 July 2007, the amount of the dependent child allowance referred to in the first subparagraph of Article 14 of Annex XIII to the Staff Regulations shall be as follows:

1.7.2007-31.12.2007	319,27
1.1.2008-31.12.2008	333,19

Article 18

With effect from 1 July 2007, the amount of the education allowance referred to in the first subparagraph of Article 15 of Annex XIII to the Staff Regulations shall be as follows:

1.7.2007-31.8.2007	50,86
1.9.2007-31.8.2008	67,83

Article 19

With effect from 1 July 2007, for the purposes of application of Article 18(1) of Annex XIII to the Staff Regulations, the amount of the fixed allowance mentioned in the former Article 4a of Annex VII to the Staff Regulations in force before 1 May 2004 shall be:

—	EUR 122,83 per month for officials in grade C4 or C5,

—	EUR 188,31 per month for officials in grade C1, C2 or C3.

Article 20

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

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(1)  OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 337/2007 (OJ L 90, 30.3.2007, p. 1).

(2)  Council Regulation (ECSC, EEC, Euratom) No 300/76 of 9 February 1976 determining the categories of officials entitled to allowances for shiftwork, and the rates and conditions thereof (OJ L 38, 13.2.1976, p. 1). Regulation as supplemented by Regulation (Euratom, ECSC, EEC) No 1307/87 (OJ L 124, 13.5.1987, p. 6) and last amended by Regulation (EC, Euratom) No 1873/2006 (OJ L 360, 19.12.2006, p. 61).

(3)  Regulation (EEC, Euratom, ECSC) No 260/68 of the Council of 29 February 1968 laying down the conditions and procedure for applying the tax for the benefit of the European Communities (OJ L 56, 4.3.1968, p. 8). Regulation as last amended by Regulation (EC, Euratom) No 1750/2002 (OJ L 264, 2.10.2002, p. 15).

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22.12.2007

EN

Official Journal of the European Union

L 340/8

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COUNCIL REGULATION (EC) No 1559/2007

of 17 December 2007

establishing a multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean and amending Regulation (EC) No 520/2007

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

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

Whereas:

(1)	Since 14 November 1997, the Community has been a Party to the International Convention for the Conservation of Atlantic Tunas (2).

(2)	At its Annual Meeting in November 2006, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted Recommendation 2006[05] to establish a 15-year recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean.

(3)

In order to rebuild the stock, the ICCAT recovery plan provides for a graduated reduction in the total allowable catch (TAC) level from 2007 to 2010, restrictions on fishing within certain areas and time periods, a new minimum size for bluefin tuna, measures concerning sport and recreational fishing activities as well as control measures and the implementation of the ICCAT scheme of joint international inspection to ensure the effectiveness of the recovery plan.

(4)

In order to comply with international obligations following the recommendation of ICCAT, the ICCAT recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean was implemented on a provisional basis in Council Regulation (EC) No 643/2007 of 11 June 2007 amending Regulation (EC) No 41/2007 as concerns the recovery plan for bluefin tuna recommended by the International Commission for the Conservation of Atlantic Tunas (3) pending the adoption of a Regulation implementing multi-annual measures to recover the bluefin tuna stock in 2007.

(5)

It is therefore necessary to implement the ICCAT recovery plan on a permanent basis by means of a Regulation establishing a recovery plan as provided for in Article 5 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (4), which will apply from 1 January 2008.

(6)	Some technical measures adopted by ICCAT for bluefin tuna have now been incorporated in Community law as Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species (5).

(7)

For the sole purpose of their financing until 31 December 2014, the measures for the implementation of the ICCAT recovery plan adopted under this Regulation, as well as those provisionally adopted under Regulation (EC) No 643/2007, should be deemed to be a recovery plan within the meaning of Article 5 of Regulation (EC) No 2371/2002 with effect from the date of the entry into force of Regulation (EC) No 643/2007.

(8)	The adoption of new technical measures adopted by ICCAT for bluefin tuna and the updating of those in force since the adoption of the above regulation require the deletion of some provisions of Regulation (EC) No 520/2007 and their replacement by this Regulation,

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

This Regulation lays down the general rules for the application by the Community of a multi-annual recovery plan for bluefin tuna (thunnus thynnus) recommended by the International Commission for the Conservation of the Atlantic Tunas (ICCAT). This Regulation shall apply to bluefin tuna in the Eastern Atlantic and the Mediterranean.

The objective of that recovery plan shall be to achieve a biomass corresponding to the maximum sustainable yield (Bmsy) with greater than 50 % probability.

Article 2

Definitions

For the purpose of this Regulation, the following definitions shall apply:

(a)	‘CPCs’ means Contracting Parties to the International Convention for the Conservation of the Atlantic Tuna and Cooperating Non-Contracting Parties, Entities or Fishing Entities;

(b)	‘fishing vessel’ means any vessel used or intended for use for the commercial exploitation of tuna resources, including fish processing vessels, transport vessels, tugboats and vessels engaged in transshipment;

(c)	‘joint fishing operation’ means any operations between two or more vessels flying the flag of different CPCs or of different Member States where the catch of one vessel is attributed in total or in part to one or more other vessels;

(d)	‘transfer activities’ means any transfer of bluefin tuna: (i) from the fishing vessel to the end fattening bluefin tuna farm, including for the fish dead or escaped during the transport; (ii) from a bluefin tuna farm or a tuna trap to a processing vessel, transport vessel or to land;

(e)	‘tuna trap’ means fixed gear anchored to the bottom usually containing a guide net that leads fish into an enclosure;

(f)	‘caging’ means that live bluefin tuna is not taken on board and includes both fattening and farming;

(g)	‘fattening’ means caging of bluefin tuna for a short period (usually two to six months) aiming mostly at increasing the fat content of the fish;

(h)	‘farming’ means caging of bluefin tuna for a period longer than one year, aiming to increase the total biomass;

(i)	‘trans-shipment’ means the unloading of all or any of the bluefin tuna on board a fishing vessel onto another fishing vessel;

(j)	‘processing vessel’ means a vessel on board of which fisheries products are subject to one or more of the following operations, prior to their packaging: filleting or slicing, freezing and/or transformation;

(k)	‘sport fishery’ means a non-commercial fishery whose participants adhere to a national sport organisation or are issued with a national sport licence;

(l)	‘recreational fishery’ means a non-commercial fishery whose participants do not adhere to a national sport organisation or are not issued with a national sport licence;

(m)	‘Task II’ means Task II as defined by ICCAT in the ‘Field manual for statistics and sampling Atlantic tunas and tuna-like fish’ (Third edition, ICCAT, 1990);

(n)	‘transport vessel’ means a vessel receiving wild individuals and transporting them to fattening or farming farms.

CHAPTER II

FISHING OPPORTUNITIES

Article 3

Total allowable catches (TACs)

The TACs, fixed by ICCAT for Contracting Parties, for the bluefin tuna stock in the Eastern Atlantic and Mediterranean shall be as follows:

—	in 2008: 28 500 tonnes,

—	in 2009: 27 500 tonnes,

—	in 2010: 25 500 tonnes.

However, where in the framework of ICCAT new TAC levels are agreed, the Council, acting by a qualified majority on a proposal from the Commission, shall adjust the TACs provided for in the first paragraph accordingly.

Article 4

1.   Each Member State shall take the necessary measures to ensure that the fishing effort of its vessels and its traps are commensurate with the fishing opportunities on bluefin tuna available to that Member State in the Eastern Atlantic and Mediterranean Sea.

2.   Each Member State shall draw up an annual fishing plan for the vessels and traps fishing bluefin tuna in the Eastern Atlantic and Mediterranean Sea. Member States whose quota of bluefin tuna is less than 5 % of the Community quota may adopt a specific method to manage their quota in their fishing plan, in which case the provisions of paragraph 3 shall not apply.

3.   The annual fishing plan shall identify:

(a)	inter alia, the vessels over 24 metres included in the list referred to in Article 12 and the individual quota allocated to them;

(b)	for the vessels less than 24 metres and traps, at least the quota allocated to producer organisations or groups of vessels fishing with similar gear.

4.   No later than 31 January each year, the annual fishing plan shall be transmitted to the Commission. Any subsequent modification to the annual fishing plan or to the specific method to manage their quota shall be transmitted to the Commission at least 10 days before the exercise of the activity corresponding to that modification.

5.   The flag Member State shall take the action under this paragraph where a vessel flying its flag has:

(a)	failed in its reporting requirement referred to in Article 17(3);

(b)	committed an infringement referred to in Article 26.

The flag Member State shall ensure that a physical inspection takes place under its authority in its ports or by another person designated by the flag Member State when the vessel is not in a Community port.

The flag Member State may require the vessel to proceed immediately to a port designated by it when the individual quota is deemed to be exhausted.

6.   No later than 31 January, Member States shall report to the Commission on the implementation of their annual fishing plans for the preceding year. Those reports shall include:

(a)	the number of vessels actually engaged in fishing activities involving bluefin tuna in the Eastern Atlantic and Mediterranean;

(b)	the catches of each vessel; and

(c)	the total number of days each vessel fished in the Eastern Atlantic and Mediterranean.

7.   Private trade arrangements between nationals of a Member State and a CPC in order to use a fishing vessel flying the flag of that Member State for fishing in the framework of a tuna quota of a CPC shall be conducted only under authorisation by the Member State concerned, which shall inform the Commission, and by the ICCAT Commission.

8.   By 1 March each year, Member States shall send to the Commission the information on any private trade arrangements between its nationals and a CPC.

9.   The information referred to in paragraph 8 shall contain the following elements:

(a)	the list of all the fishing vessels flying the flag of the Member State authorised to fish actively for bluefin tuna under private trade arrangements;

(b)	internal number of the vessel as defined in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (6);

(c)	length of the private trade arrangements;

(d)	Member State’s assent to the private arrangement;

(e)	the name of the CPC concerned.

10.   The Commission shall send without delay the information referred to in paragraph 9 to the ICCAT Executive Secretariat.

11.   The Commission shall ensure that the percentage of a CPC’s quota for bluefin tuna that may be used for chartering of Community fishing vessels in accordance with Article 8b of Council Regulation (EC) No 1936/2001 (7) shall not exceed 60 %, 40 % and 20 % of the total quota in 2007, 2008 and 2009 respectively.

12.   Chartering of Community fishing vessels for bluefin tuna in the Eastern Atlantic and Mediterranean shall be prohibited in 2010 and the following years.

13.   Each Member State shall ensure that the number of its bluefin tuna fishing vessels chartered and the duration of the charter shall be commensurate with the quota allocated to the charter nation.

CHAPTER III

TECHNICAL MEASURES

Article 5

Closed fishing season

1.   Bluefin tuna fishing shall be prohibited in the Eastern Atlantic and Mediterranean by large-scale pelagic longline vessels over 24 metres during the period from 1 June to 31 December with the exception of the area delimited by west of 10° W and north of 42° N.

2.   Purse seine fishing for bluefin tuna shall be prohibited in the Eastern Atlantic and Mediterranean during the period from 1 July to 31 December.

3.   Bluefin tuna fishing by bait boats shall be prohibited in the Eastern Atlantic and Mediterranean during the period from 15 November to 15 May.

4.   Bluefin tuna fishing by pelagic trawlers shall be prohibited in the Eastern Atlantic during the period from 15 November to 15 May.

Article 6

Use of planes

The use of aircraft or helicopters for searching for bluefin tuna in the Convention Area shall be prohibited.

Article 7

Minimum size

1.   The minimum size for bluefin tuna in the Eastern Atlantic and in the Mediterranean Sea shall be 30 kg or 115 cm.

2.   By way of derogation from paragraph 1 and without prejudice to Article 9, a minimum size for bluefin tuna (Thunnus thynnus) of 8 kg or 75 cm shall apply for the following bluefin tunas:

(a)	bluefin tuna caught in the Eastern Atlantic by bait boats, trolling boats and pelagic trawlers;

(b)	bluefin tuna caught in the Adriatic Sea for farming purposes.

3.   For the purpose of paragraph 2(a), the Council, acting by qualified majority on a proposal from the Commission, shall determine the maximum number of bait boats, trolling boats authorised to fish bluefin tuna and pelagic trawlers authorised to fish bluefin tuna as by-catch. The number of bait boats and trolling boats is set at the number of Community vessels participating in directed fishery for bluefin tuna in 2006. The number of pelagic trawler vessels is set at the number of Community vessels authorised to fish bluefin tuna as by-catch in 2006.

4.   For the purpose of paragraph 2(a), the Council, acting by qualified majority on a proposal from the Commission, shall distribute among the Member States the number of vessels determined in accordance with paragraph 3.

5.   For the purpose of paragraph 2(a), no more than 10 % of the Community quota for bluefin tuna between 8 kg or 75 cm and 30 kg or 115 cm shall be allocated among the authorised vessels referred to in paragraphs 3 and 4, with up to a maximum of 200 tonnes of bluefin tuna weighing no less than 6,4 kg or 70 cm caught by bait boat vessels of an overall length of less than 17 m. The Council, acting by qualified majority on a proposal from the Commission, shall decide on the allocation of the Community quota among Member States.

6.   No more than 2 % of the Community quota for bluefin tuna between 8 and 30 kg may be allocated among its coastal artisanal fishery for fresh fish in the Eastern Atlantic. The Council, acting by qualified majority on a proposal from the Commission, shall decide on the allocation of the Community quota among Member States.

7.   The additional specific conditions for bluefin tuna caught in the Eastern Atlantic by bait boats, trolling boats and pelagic trawlers are set out in Annex I.

Article 8

Sampling plan for bluefin tuna

1.   Each Member State shall establish a sampling programme for the estimation of the numbers-at-size of the bluefin tuna captured.

2.   Sampling by size in cages shall be carried out on a sample of 100 specimens per 100 tonnes of live fish or on a sample of 10 % of the total number of fish placed in a cage. The size sample, on basis of length or weight, shall be taken during harvesting at the farm, and on the dead fish during transport in accordance with the method adopted by the ICCAT for notifying data in the framework of Task II.

3.   Additional methods and samplings shall be developed for fish reared for more than one year.

4.   Sampling shall be carried out during a harvest taken at random and shall cover all cages. The data for sampling carried out each year shall be notified to the Commission by 31 May of the following year.

Article 9

By-catch

1.   A by-catch of maximum 8 % of bluefin tuna weighing less than 30 kg and no less than 10 kg shall be authorised for all fishing vessels fishing actively or not for bluefin tuna, without prejudice to Article 7(2).

2.   The percentage referred to in paragraph 1 shall be calculated either on the basis of the total by-catch in number of fish per landing of the total bluefin tuna catches of these vessels, or on basis of its weight equivalence in percentage.

3.   By-catch shall be deducted from the quota of the flag Member State. The discard of dead fish from the by-catch referred to in paragraph 1 shall be prohibited while the bluefin tuna fishery is open and shall be deducted from the quota of the flag Member State.

4.   Landings of by-catch of bluefin tuna shall be subject to Articles 14 and 18(1).

Article 10

Recreational fisheries

1.   In the framework of recreational fisheries it shall be prohibited to catch, retain on board, transship and land more than one individual of bluefin tuna in each sea trip.

2.   The marketing of bluefin tuna caught in recreational fishing shall be prohibited except for charitable purposes.

3.   Each Member State shall record catch data from recreational fishing and communicate this data to the Commission. The Commission shall forward that information to the Standing Committee on Research and Statistics of ICCAT.

4.   Each Member State shall take the necessary measures to ensure, to the greatest extent possible, the release of bluefin tuna caught alive, especially juveniles, in the framework of recreational fishing.

Article 11

Sport fishing

1.   Each Member State shall take the necessary measures to regulate sport fishing, notably by fishing authorisations.

2.   The marketing of bluefin tuna caught in sport fishing competitions shall be prohibited except for charitable purposes.

3.   Each Member State shall record catch data from sport fishing and communicate this data to the Commission. The Commission shall forward that information to the Standing Committee on Research and Statistics of ICCAT.

4.   Each Member State shall take the necessary measures to ensure, to the greatest extent possible, the release of the bluefin tuna caught alive, especially juveniles, in the framework of sport fishing.

CHAPTER IV

CONTROL MEASURES

Article 12

Register of vessels authorised to fish actively for bluefin tuna

1.   By 31 January 2008, each Member State shall send the Commission electronically a list of all fishing vessels flying its flag authorised to fish actively for bluefin tuna in the Eastern Atlantic and Mediterranean Sea by issue of a special fishing permit.

2.   The Commission shall send this information to the ICCAT Executive Secretariat so that those vessels can be entered in the ICCAT record of vessels authorised to fish for bluefin tuna.

3.   Those Community fishing vessels concerned by this Article and not entered in the ICCAT record shall not fish for, retain on board, transship, transport, transfer or land bluefin tuna in the Eastern Atlantic and Mediterranean Sea.

4.   The rules on fishing licences in Article 8a(2), (4), (6), (7) and (8) of Regulation (EC) No 1936/2001 shall apply mutatis mutandis.

Article 13

Register of tuna traps authorised to fish for bluefin tuna

1.   By 31 January 2008, each Member State shall send the Commission electronically a list of its authorised tuna traps authorised to fish for bluefin tuna in the Eastern Atlantic and Mediterranean Sea by issue of a special fishing licence. The list shall include the name of the traps and the register number.

2.   The Commission shall send the list to the ICCAT Executive Secretariat so that these tuna traps can be entered on the ICCAT record of tuna traps authorised to fish for bluefin tuna.

3.   Community tuna traps not entered into the ICCAT record may not fish for, retain, tranship or land bluefin tuna in the Eastern Atlantic and Mediterranean Sea.

4.   Article 8a(2), (4), (6), (7) and (8) of Regulation (EC) No 1936/2001 shall apply mutatis mutandis.

Article 14

Designated ports

1.   Member States shall designate a place to be used for landing or a place close to the shore (designated ports) where landing or transshipment operations of bluefin tuna are permitted.

2.   Member States shall transmit to the Commission no later than 1 April of each year a list of designated ports. The Commission shall send this information to the ICCAT Executive Secretariat before 15 April of each year. Any subsequent changes to the list shall be notified to the Commission for transmission to the ICCAT Executive Secretariat, at least 15 days before the change comes into force.

3.   It shall be prohibited to land and or tranship from vessels referred to in Article 12 any quantity of bluefin tuna fished in Eastern Atlantic and Mediterranean Sea at any place other than ports designated by CPCs and by Member States in accordance with paragraphs 1 and 2.

4.   This provision shall apply to landings or trans-shipments by bait boats, trolling boats and pelagic trawlers having caught bluefin tuna in the Eastern Atlantic in accordance with the specific conditions set out in Annex I.

Article 15

Recording requirements

1.   In addition to complying with Article 6 and 8 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the Common Fisheries Policy (8), the master of a Community fishing vessel referred to in Article 12 shall enter in the logbook, if applicable, the information listed in Annex II.

2.   The master of a Community vessel referred to in Article 12 engaged in a joint fishing operation shall record the additional information in its logbook:

(a)

where the catch is taken on board or transferred into cages: — the date and the time of the catch taken in a joint fishing operation, — the location (longitude/latitude) of the catch taken in a joint fishing operation, — amount of catches of bluefin tuna taken on board, or transferred into cages, — the name and international radio call sign of the fishing vessel;

(b)

for those vessels, engaged in a joint fishing operation but not involved in the transfer of fish: — the date and the time of the joint fishing operation, — the location (longitude/latitude) of the joint fishing operation, — state that no catches have been taken on board or have been transferred into cages by that vessel, — the name and international radio call sign(s) of the catching fishing vessel(s).

3.   Where a catching vessel engaged in a joint fishing operation declares the quantity of bluefin tuna captured by its fishing gear, the master shall indicate, for each catch, for which vessel(s) and flag State(s) against whose quota the catches must be counted.

Article 16

Joint fishing operations

1.   Any joint fishing operations for bluefin tuna involving vessels flying the flag of one or more Member State(s) shall only be authorised with the consent of the flag Member State or flag Member States concerned.

2.   At the moment of the application for the authorisation, each Member State shall take the necessary measures to obtain from its fishing vessels participating in the joint fishing operation detailed information concerning the duration of the joint operation, the identity of the operators involved and the allocation key between the vessels for the catches involved.

3.   Each Member State shall transmit the information referred to in paragraph 2 to the Commission. The Commission shall promptly forward that information to the ICCAT Secretariat.

Article 17

Catch reports

1.   The master of a catching fishing vessel referred to in Article 12 shall send to the competent authorities of his flag Member State a catch report stating the quantities of bluefin tuna caught by his vessel, including zero catch returns.

2.   The catch report shall for the first time be transmitted at the latest at the end of the 10 days after the entry into Eastern Atlantic and Mediterranean Sea or after the beginning of the fishing trip. In the case of joint operations the master of the catching vessel shall indicate, for each catch, for which vessel or vessels the catches shall be counted against the quota of the flag State(s).

3.   From 1 June of each year, the master of a fishing vessel shall transmit the catch report on the quantity of bluefin tuna, including zero catch returns, on a five-day basis.

4.   Each Member State shall, upon receipt, forward catch reports by electronic or other means to the Commission. The Commission shall promptly forward that information to the ICCAT Secretariat.

5.   Member States shall inform the Commission, in computer-readable form, before the 15th day of each month, of the quantities of bluefin tuna caught in the Eastern Atlantic and Mediterranean Sea which have been landed, trans-shipped, trapped or caged by the vessel flying their flag during the preceding month. The Commission shall promptly forward that information to the ICCAT Secretariat.

Article 18

Landings

1.   By way of derogation from Article 7 of Regulation (EEC) No 2847/93, the master of a Community vessel referred to in Article 12 of this Regulation or his representative shall notify the competent authority of the Member State (including the flag Member State) or the CPC whose ports or landing facility they wish to use at least four hours before the estimated time of arrival at the port, of the following:

(a)	estimated time of arrival;

(b)	estimated quantity of bluefin tuna retain on board;

(c)	information on the zone where the catches were taken.

2.   In the case of a landing in a designated port of a Member State other than the flag Member State, the relevant authority of that Member State shall send a record of the landing to the flag authority of the vessel, within 48 hours of the end of the landing.

3.   This provision shall not apply to landings by bait boats, trolling boats and pelagic trawlers having caught bluefin tuna in the Eastern Atlantic.

Article 19

Trans-shipment

1.   By way of derogation from Article 11 of Regulation (EEC) No 2847/93 trans-shipment at sea of bluefin tuna in the Eastern Atlantic and Mediterranean Sea shall be prohibited, except for large-scale tuna longline fishing vessels operating in accordance with ICCAT Recommendation 2005[06] establishing a programme for trans-shipment for large-scale tuna longline fishing vessels, as amended.

2.   Prior to entry into any port, the master of the receiving vessel (catching vessel or processing vessel) or his representative, shall provide the competent authorities of the Member State whose port he wants to use at least 48 hours before the estimated time of arrival with the following:

(a)	estimated time of arrival;

(b)	estimated quantity of bluefin tuna retained on board;

(c)	information on the geographical areas where the catches of bluefin tuna to be transshipped were taken;

(d)	the name of the catching vessel which delivers the bluefin tuna and its number in the ICCAT record of authorised fishing vessels for bluefin tuna;

(e)	the name of the receiving vessel, its number in the ICCAT record of authorised fishing vessels for bluefin tuna;

(f)	the tonnage of bluefin tuna to be trans-shipped.

3.   Catching fishing vessels shall not be allowed to trans-ship, unless they have obtained prior authorisation from their flag State.

4.   The master of the catching vessel shall, before the trans-shipment starts, inform its flag State of the following:

(a)	the quantities of bluefin tuna to be trans-shipped;

(b)	the date and port of the trans-shipment;

(c)	the name, registration number and flag of the receiving vessel and its number in the ICCAT record of authorised fishing vessels for bluefin tuna;

(d)	the geographical area of the tuna catches.

5.   The competent authority of the Member State in which port the trans-shipment takes place shall:

(a)	inspect the receiving vessel on arrival and check the cargo and documentation related to the trans-shipment operation;

(b)	send a record of the transshipment to the flag State authority of the catching vessel, within 48 hours of the end of the trans-shipment.

6.   The master of a Community vessel referred to in Article 12 shall complete and transmit the ICCAT trans-shipment declaration to the competent authorities of the Member State whose flag the vessels are flying. The declaration shall be transmitted no later than 15 days after the date of trans-shipment in port in accordance with the format set out in Annex III.

Article 20

Caging operations

1.   The Member State under whose jurisdiction the fattening or farming farm for bluefin tuna is located shall submit within one week of the completion of the caging operation a caging report, validated by an observer, to the Member State or CPC whose flag vessels have fished the tuna and to the Commission. The Commission shall promptly forward that information to the ICCAT Secretariat. This report shall contain the information included in the caging declaration as referred to in Article 4b of Regulation (EC) No 1936/2001.

2.   When the fattening or farming farms are located on the high seas, paragraph 1 shall apply, mutatis mutandis, to Member States where the natural or legal persons responsible for fattening or farming farms are established.

3.   Before any transfer into cage, the flag Member State or the flag CPC of the catching vessel shall be informed by the competent authority of the fattening or farming farm Member State of the transfer into cage of quantities caught by fishing vessels flying its flag.

The flag Member State of the catching vessel shall request the competent authority of the fattening or farming farm Member State to proceed to the seizure of the catches and the release of the fish into the sea if it considers on receipt of that information that:

(a)	the fishing vessel declared to have caught the fish had insufficient individual quota for bluefin tuna put into the cage;

(b)	the quantity of fish has not been duly reported and not taken into account for the calculation of any quota that may be applicable; or

(c)	the fishing vessel declared to have caught the fish is not authorised to fish for bluefin tuna.

4.   The master of a Community fishing vessel shall complete and transmit to the flag Member State or to the flag CPC the ICCAT transfer declaration not later than 15 days after the date of transfer to tug vessels or to the cage, in accordance with the format set out in Annex III. The transfer declaration shall accompany the transferred fish during transport to the cage.

Article 21

Trap activities

1.   Catches by trap shall be recorded after the end of every fishing operation in tuna traps and shall be transmitted by electronic means or other means within 48 hours of the end of every fishing operation to the competent authority of the Member State where the trap is located.

2.   Each Member State shall, upon receipt, forward the catch record by electronic means to the Commission. The Commission shall promptly forward the information to the ICCAT Secretariat.

Article 22

Control in port or in farm

1.   Member States shall take the necessary measures to ensure that all vessels referred to in the ICCAT record of vessel authorised to fish for bluefin tuna entering a designated port to land and/or tranship bluefin tuna caught in the Eastern Atlantic and Mediterranean Sea are submitted to a control in port.

2.   Member States shall take the necessary measures to control each caging operation in the fattening or farming farms falling within their jurisdiction.

3.   When the fattening or farming farms are located on the high seas, paragraph 2 shall apply, mutatis mutandis, to Member States where the natural or legal persons responsible for the fattening or farming farm are established.

Article 23

Cross-check

1.   Member States shall verify, including by using VMS (vessel monitoring system) data, the submission of logbooks and relevant information recorded in the logbooks of their vessels in the transfer/trans-shipment document and in the catch documents.

2.   The Member States shall carry out administrative cross-checks on all landings, all trans-shipments or caging between the quantities by species recorded in the vessels logbook or quantities by species recorded in the trans-shipment declaration and the quantities recorded in the landing declaration or caging declaration, and any other relevant document, such as invoice and/or sales notes.

Article 24

ICCAT scheme of joint international inspection

1.   The ICCAT scheme of joint international inspection adopted by ICCAT at its Fourth Regular Meeting (Madrid, November 1975) and set out in Annex IV to this Regulation shall apply in the Community.

2.   Member States whose fishing vessels are authorised to fish bluefin tuna in the Eastern Atlantic and Mediterranean Sea shall assign inspectors and carry out inspections at sea under the Scheme.

3.   The Commission or a body designated by it may assign Community inspectors to the Scheme.

4.   The Commission or a body designated by it shall coordinate the surveillance and inspection activities for the Community. It may draw up, in concert with the Member States concerned, joint inspection programmes for that purpose which will enable the Community to fulfil its obligation under the Scheme. The Member States whose vessels are engaged in fishery on bluefin tuna shall adopt the necessary measures to facilitate the implementation of these programmes particularly as regards the human and material resources required and the periods and zones when these are to be deployed.

5.   Member States shall inform the Commission by 1 April of each year of the names of the inspectors and the inspection vessels they are intending to assign to the Scheme during the following year. Using this information the Commission shall draw up, in collaboration with the Member States, a forward plan for Community participation in the Scheme each year, which it shall send to the ICCAT Secretariat and the Member States.

Article 25

Observer programme

1.   Each Member State shall ensure observer coverage on its fishing vessels over 15 m in length for at least:

(a)	20 % of its active purse seine vessels. In the case of joint fishing operations, an observer shall be present during the fishing operation;

(b)	20 % of its active pelagic trawlers;

(c)	20 % of its active longline vessels;

(d)	20 % of its active bait boats;

(e)	100 % during the harvesting process for tuna traps.

The observer tasks shall be, in particular, to:

(a)	monitor a vessel’s compliance with this Regulation;

(b)	record and report upon the fishing activity;

(c)	observe and estimate catches and verify entries made in the logbook;

(d)	sight and record vessels which may be fishing contrary to ICCAT conservation measures.

In addition, the observer shall carry out scientific work, such as collecting Task II data as defined by ICCAT, when required by ICCAT, based on the instructions from the Standing Committee on Research and Statistics of ICCAT.

2.   Each Member State within whose jurisdiction the fattening or farming farm for bluefin tuna is located shall ensure an observer presence during all transfer of bluefin tuna to the cages and all harvesting of fish from the farm.

The observer tasks shall be, in particular, to:

(a)	observe and monitor farming operation compliance in accordance with Article 4a, 4b and 4c of Regulation (EC) No 1936/2001;

(b)	validate the caging report referred to in Article 20 of this Regulation;

(c)	carry out such scientific work, for example collecting samples, as required by the CAT based on the instructions from the Standing Committee on Research and Statistics of ICCAT.

Article 26

Enforcement

1.   Member States shall take enforcement measures with respect to a fishing vessel flying their flag, where it has been established, in accordance with their law that the vessel does not comply with Articles 4, 5, 7, 14, 15, 16, 17 and 19. The measures may include, in particular, depending on the gravity of the offence and in accordance with their national law:

(a)

fines;

(b)	seizure of illegal fishing gear and catches;

(c)	sequestration of the vessel;

(d)	suspension or withdrawal of authorisation to fish;

(e)	reduction or withdrawal of the fishing quota, if applicable.

2.   Each Member State within whose jurisdiction the bluefin tuna farm is located shall take enforcement measures with respect to that farm, where it has been established, in accordance with its law that the farm does not comply with Articles 20 and 25(2) of this Regulation and Articles 4a, 4b and 4c of Regulation (EC) No 1936/2001. The measures may include in particular depending on the gravity of the offence and in accordance with the national law:

(a)

fines;

(b)	suspension or withdrawal from the fattening farms register;

(c)	prohibition of caging or marketing quantities of bluefin tuna.

Article 27

Market measures

1.   Community trade, landing, imports, exports, placing in cages for fattening or farming, re-exports and trans-shipments of Eastern Atlantic and Mediterranean bluefin tuna (thunnus thynnus) that are not accompanied by accurate, complete and validated documentation required by this Regulation shall be prohibited.

2.   Community trade, imports, landings, placing in cages for fattening or farming, processing, exports, re-exports and the trans-shipment of Eastern Atlantic and Mediterranean bluefin tuna (thunnus thynnus) caught by fishing vessels whose flag State does not have a quota, catch limit or allocation of fishing effort for Eastern Atlantic and Mediterranean bluefin tuna, under the terms of ICCAT management and conservation measures, or when the flag State’s fishing possibilities are exhausted, shall be prohibited. Based on the information received by the ICCAT Secretariat, the Commission shall inform all the Member States that a quota of a CPC is exhausted.

3.   Community trade, imports, landings, processing, exports from fattening or farming farms that do not comply with ICCAT Recommendation 2006[07] on bluefin tuna farming shall be prohibited.

Article 28

Conversion factors

The conversion factors adopted by the Standing Committee on Research and Statistics of ICCAT shall apply to calculate the equivalent round weight of the processed bluefin tuna.

Article 29

Financing

For the purpose of Article 21(a)(i) of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (9) and until 31 December 2014 the multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean shall be deemed to be a recovery plan within the meaning of Article 5 of Regulation (EC) No 2371/2002.

CHAPTER V

FINAL PROVISIONS

Article 30

Amendments to Regulation (EC) No 520/2007

Regulation (EC) No 520/2007 is amended as follows:

1.	Articles 6 and 11 shall be deleted;

2.	in Annex IV, the entry concerning bluefin tuna shall be deleted.

Article 31

Entry into force and application

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

It shall apply from 1 January 2008.

However, Article 29 shall apply from 13 June 2007.

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(1)  Opinion of 15 November 2007 (not yet published in the Official Journal).

(2)  OJ L 162, 18.6.1986, p. 33.

(3)  OJ L 151, 13.6.2007, p. 1.

(4)  OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).

(5)  OJ L 123, 12.5.2007, p. 3.

(6)  OJ L 5, 9.1.2004, p. 25. Regulation as amended by Regulation (EC) No 1799/2006 (OJ L 341, 7.12.2006, p. 26).

(7)  OJ L 263, 3.10.2001, p. 1. Regulation as amended by Regulation (EC) No 869/2004 (OJ L 162, 30.4.2004, p. 8).

(8)  OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1098/2007 (OJ L 248, 22.9.2007, p. 1).

(9)  OJ L 223, 15.8.2006, p. 1.

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22.12.2007

EN

Official Journal of the European Union

L 340/25

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COUNCIL REGULATION (EC) No 1560/2007

of 17 December 2007

amending Regulation (EC) No 21/2004 as regards the date of introduction of electronic identification for ovine and caprine animals

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

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

Whereas:

(1)

Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals (2) provides that each Member State is to establish a system for the identification and registration of ovine and caprine animals in accordance with the provisions of that Regulation.

(2)	That Regulation also provides that, as from 1 January 2008, electronic identification is to become obligatory for all animals born after that date.

(3)

In addition, that Regulation provides that the Commission is to submit to the Council, by 30 June 2006, a report on the implementation of the electronic identification system, accompanied by appropriate proposals, on which the Council is to vote confirming or amending, if necessary, the date of the introduction of the obligatory use of that system and to update, if necessary, some technical aspects relating to the implementation of electronic identification.

(4)

The Commission report concludes that it is not possible to justify the date of 1 January 2008 as the date for the introduction of obligatory electronic identification. Therefore it is appropriate to amend this date by postponing it to 31 December 2009 in order to allow the Member States to take necessary measures to properly implement the system, taking into account its current and potential economic impact.

(5)

A number of Member States have already developed the technology necessary for the introduction of electronic identification and gained significant experience with its implementation. They should not be prevented from introducing it at national level if they consider it appropriate. Their experience would provide the Commission and the other Member States with further valuable information on the technical implications of electronic identification and on its impact.

(6)

Having regard to the economic importance of this Regulation, it is necessary to rely on the grounds of urgency provided for in point I.3 of the Protocol on the role of national parliaments in the European Union annexed to the Treaty on European Union, to the Treaty establishing the European Community and to the Treaty establishing the European Atomic Energy Community.

(7)	Since this Regulation is to apply from 1 January 2008, it should enter into force immediately.

(8)	Regulation (EC) No 21/2004 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 21/2004 is hereby amended as follows:

1.

the first subparagraph of Article 9(3) shall be replaced by the following: ‘3.   As from 31 December 2009, electronic identification according to the guidelines referred to in paragraph 1, and in accordance with the relevant provisions of Section A of the Annex, shall be obligatory for all animals.’;

2.	Article 9(4) shall be replaced by the following: ‘4.   Before 31 December 2009, Member States may introduce the obligatory use of electronic identification for animals born on their territory.’

Article 2

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

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(1)  Opinion of 13 December 2007 (not yet published in the Official Journal).

(2)  OJ L 5, 9.1.2004, p. 8. Regulation as amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

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22.12.2007

EN

Official Journal of the European Union

L 340/27

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COMMISSION REGULATION (EC) No 1561/2007

of 21 December 2007

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

(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,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 22 December 2007.

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(1)  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 756/2007 (OJ L 172, 30.6.2007, p. 41).

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22.12.2007

EN

Official Journal of the European Union

L 340/29

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COMMISSION REGULATION (EC) No 1562/2007

of 21 December 2007

fixing the import duties in the cereals sector applicable from 1 January 2008

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),

Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92 (2), and in particular Article 2(1) thereof,

Whereas:

(1)

Article 10(2) of Regulation (EC) No 1784/2003 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

(2)	Article 10(3) of Regulation (EC) No 1784/2003 lays down that, for the purposes of calculating the import duty referred to in paragraph 2 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

(3)

Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation.

(4)	Import duties should be fixed for the period from 1 January 2008, and should apply until new import duties are fixed and enter into force,

HAS ADOPTED THIS REGULATION:

Article 1

From 1 January 2008, the import duties in the cereals sector referred to in Article 10(2) of Regulation (EC) No 1784/2003 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.

Article 2

This Regulation shall enter into force on 1 January 2008.

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(1)  OJ L 270, 21.10.2003, p. 78. Regulation as last amended by Regulation (EC) No 735/2007 (OJ L 169, 29.6.2007, p. 6). Regulation (EC) No 1784/2003 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 July 2008.

(2)  OJ L 161, 29.6.1996, p. 125. Regulation as last amended by Regulation (EC) No 1816/2005 (OJ L 292, 8.11.2005, p. 5).

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22.12.2007

EN

Official Journal of the European Union

L 340/32

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COMMISSION REGULATION (EC) No 1563/2007

of 21 December 2007

opening Community import tariff quotas for 2008 for sheep, goats, sheepmeat and goatmeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2529/2001 of 19 December 2001 on the common organisation of the market in sheepmeat and goatmeat (1), and in particular Article 16(1) thereof,

Whereas:

(1)	Community tariff quotas for sheepmeat and goatmeat should be opened for 2008. The duties and quantities referred to in Regulation (EC) No 2529/2001 should be fixed in accordance with the respective international agreements in force during the year 2008.

(2)

Council Regulation (EC) No 312/2003 of 18 February 2003 implementing for the Community the tariff provisions laid down in the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (2) has provided for an additional bilateral tariff quota of 2 000 tonnes with a 10 % annual increase of the original quantity to be opened for product code 0204 from 1 February 2003. Therefore, a further 200 tonnes shall be added to the GATT/WTO quota for Chile and both quotas should continue to be managed in the same way during 2008.

(3)

The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Iceland concerning additional trade preferences in agricultural products undertaken on the basis of Article 19 of the Agreement on the European Economic Area (3), as approved by Council Decision 2007/138/EC (4), provides for the granting of an additional annual tariff quota quantity of 500 tonnes (carcass weight) of fresh, chilled, frozen or smoked sheepmeat for Iceland. Therefore, the quantity available for Iceland should be adjusted accordingly.

(4)

Certain quotas are defined for a period running from 1 July of a given year to 30 June of the following year. Since imports under this Regulation should be managed on a calendar-year basis, the corresponding quantities to be fixed for the calendar year 2008 with regard to the quotas concerned are the sum of half of the quantity for the period from 1 July 2007 to 30 June 2008 and half of the quantity for the period from 1 July 2008 to 30 June 2009.

(5)	A carcas-weight equivalent needs to be fixed in order to ensure a proper functioning of the Community tariff quotas. Furthermore, since certain tariff quotas provide for the option of importing either the live animals or their meat, a conversion factor is required.

(6)

Quotas of the sheepmeat and goatmeat products should, by way of derogation from Commission Regulation (EC) No 1439/95 of 26 June 1995 laying down detailed rules for the application of Council Regulation (EEC) No 3013/89 as regards the import and export of products in the sheepmeat and goatmeat sector (5), be managed in conformity with Article 16(2)(a) of Regulation (EC) No 2529/2001. This should be done in accordance with Articles 308a, 308b and 308c(1) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (6).

(7)

Tariff quotas under this Regulation should be regarded initially as non-critical within the meaning of Article 308c of Regulation (EEC) No 2454/93 when managed under the firstcome, firstserved system. Therefore, customs authorities should be authorised to waive the requirement for security in respect of goods initially imported under those quotas in accordance with Articles 308c(1) and 248(4) of Regulation (EEC) No 2454/93. Due to the particularities of the transfer from one management system to the other, Article 308c(2) and (3) of that Regulation should not apply.

(8)	It should be clarified which kind of proof certifying the origin of products has to be provided by operators in order to benefit from the tariff quotas under the firstcome firstserved system.

(9)

When sheepmeat products are presented by operators to the customs authorities for import, it is difficult for those authorities to establish whether they originate from domestic sheep or other sheep, which determines the application of different duty rates. It is therefore appropriate to provide that the proof of origin contains a clarification to that end.

(10)

In accordance with Chapter II of Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (7) and with Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (8), imports may be authorised only for products meeting the requirements of the food chain procedures, rules and checks in force in the Community.

(11)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sheep and Goats,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation opens Community import tariff quotas for sheep, goats, sheepmeat and goatmeat for the period from 1 January to 31 December 2008.

Article 2

The customs duties applicable to the products under the quotas referred to in Article 1, the CN codes, the countries of origin, listed by country group and the order numbers are set out in the Annex.

Article 3

1.   The quantities, expressed in carcas-weight equivalent, for the import of products under the quotas referred to in Article 1, shall be those as laid down in the Annex.

2.   For the purpose of calculating the quantities of ‘carcas-weight equivalent’ referred to in paragraph 1, the net weight of sheep and goat products shall be multiplied by the following coefficients:

(a)	for live animals: 0,47;

(b)	for boneless lamb and boneless goatmeat of kid: 1,67;

(c)	for boneless mutton, boneless sheep and boneless goatmeat other than of kid and mixtures of any of these: 1,81;

(d)	for bone-in products: 1,00.

‘Kid’ shall mean goat of up to one year old.

Article 4

By way of derogation from Title II (A) and (B) of Regulation (EC) No 1439/95, the tariff quotas set out in the Annex to this Regulation shall be managed on a firstcome, firstserved basis in accordance with Articles 308a, 308b and 308c(1) of Regulation (EEC) No 2454/93 from 1 January to 31 December 2008. Article 308c(2) and (3) of that Regulation shall not apply. No import licences shall be required.

Article 5

1.   In order to benefit from the tariff quotas set out in the Annex, a valid proof of origin issued by the competent authorities of the third country concerned together with a customs declaration for release for free circulation for the goods concerned shall be presented to the Community customs authorities.

The origin of products subject to tariff quotas other than those resulting from preferential tariff agreements shall be determined in accordance with the provisions in force in the Community.

2.   The proof of origin referred to in paragraph 1 shall be as follows:

(a)	in the case of a tariff quota which is part of a preferential tariff agreement, it shall be the proof of origin laid down in that agreement;

(b)

in the case of other tariff quotas, it shall be a proof established in accordance with Article 47 of Regulation (EEC) No 2454/93 and, in addition to the elements provided for in that Article, the following data: — the CN code (at least the first four digits), — the order number or order numbers of the tariff quota concerned, — the total net weight per coefficient category as provided for in Article 3(2) of this Regulation.

(c)	in the case of a country whose quota falls under points (a) and (b) and are merged, it shall be the proof referred to in point (a).

Where the proof of origin referred to in point (b) is presented as supporting document for only one declaration for release for free circulation, it may contain several order numbers. In all other cases, it shall only contain one order number.

Article 6

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

It shall apply from 1 January 2008.

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(1)  OJ L 341, 22.12.2001, p. 3. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2)  OJ L 46, 20.2.2003, p. 1. Regulation as amended by Commission Regulation (EC) No 305/2005 (OJ L 52, 25.2.2005, p. 6).

(3)  OJ L 61, 28.2.2007, p. 29.

(4)  OJ L 61, 28.2.2007, p. 28.

(5)  OJ L 143, 27.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 272/2001 (OJ L 41, 10.2.2001, p. 3).

(6)  OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 214/2007 (OJ L 62, 1.3.2007, p. 6).

(7)  OJ L 18, 23.1.2003, p. 11.

(8)  OJ L 24, 30.1.1998, p. 9. Directive as last amended by Council Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).

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22.12.2007

EN

Official Journal of the European Union

L 340/36

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COMMISSION REGULATION (EC) No 1564/2007

of 21 December 2007

amending Regulation (EC) No 979/2007 opening and providing for the administration of an import tariff quota for pigmeat originating in Canada

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organisation of the market in pigmeat (1), and in particular Article 11(1) thereof,

Whereas:

(1)

Article 4(1) of Commission Regulation (EC) No 979/2007 (2) provides that when submitting the first application for a given tariff quota sub-period, applicants have to demonstrate that during each of the periods referred to in that Article they have imported or exported at least 50 tonnes of products listed in Article 1 of Regulation (EEC) No 2759/75.

(2)

It appears necessary to clarify that the proof on the operator’s previous experience should be presented together with the first application for the annual quota period. The first application may be presented for any of the four sub-periods of the quota year and if the operator applies for several sub-periods, the proof should be provided only once.

(3)	Regulation (EC) No 979/2007 should be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

In Article 4 of Regulation (EC) No 979/2007, paragraph 1 is replaced by the following:

Article 2

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

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(1)  OJ L 282, 1.11.1975, p. 1. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2)  OJ L 217, 22.8.2007, p. 12.

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22.12.2007

EN

Official Journal of the European Union

L 340/37

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COMMISSION REGULATION (EC) No 1565/2007

of 21 December 2007

amending Regulation (EC) No 2535/2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 26(3)(a) and Article 29(1) thereof,

Whereas:

(1)

The Agreement between the European Community and the Swiss Confederation on trade in agricultural products (2), approved by Decision 2002/309/EC, Euratom, of the Council and of the Commission (3) provides for the full liberalisation of the bilateral trade in cheeses as from 1 June 2007, after a five-year transition process.

(2)

Accordingly, Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (4) as amended by Regulation (EC) No 487/2007 (5) no more provided for import quotas and import duties for cheese originating in Switzerland. In this context and in the light of the flexibility for the requirement of an import licence introduced by Article 26(3)(a) of Regulation (EC) No 1255/1999 as amended by Commission Regulation (EC) No 1152/2007 (6), it is appropriate to abolish the presentation of an import licence for all cheese import from Switzerland.

(3)

Article 19a of Regulation (EC) No 2535/2001 provides for the imports of dairy products to be managed on a ‘first come, first served’ basis, in accordance with Articles 308a to 308c of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (7). This management system and its procedures make the use of import licences redundant and its presentation should therefore be withdrawn.

(4)

Certain licences for cheeses originating in Switzerland and for the imports of dairy products under the quotas managed on a ‘first come, first served’ basis as referred to in Chapter Ia of Regulation (EC) No 2535/2001 will still be valid after 1 January 2008. Commitments entered into in connection with those licences must be fulfilled failing which the security lodged would be forfeited. Since as from that date such imports can take place without licence and without the financial charges connected to it, it should be possible for importers holding such licences, and which are not entirely used at that date, to request and to obtain the release of the securities lodged.

(5)

The Agreement in the form of an Exchange of Letters between the European Community and New Zealand pursuant to Article XXVIII of the GATT 1994 relating to the modification of the WTO tariff quota for New Zealand butter provided for in Schedule CXL annexed to the GATT 1994 (8), approved by Council Decision 2007/867/EC of 20 December 2007 (9) provides for amendments in the tariff quota of butter contained in Schedule CXL/European Communities, concluded under the Uruguay Round of multilateral trade negotiations. Annex III.A to Regulation (EC) No 2535/2001 should be adapted accordingly.

(6)

Annex IV and V to Regulation (EC) No 2535/2001 provide for a very complex mechanism and a laborious procedure for the verification of the fat content compliance both in New Zealand and in the Community. The newly adopted description of the quota, widening the fat content range from 80-82 % to 80-85 % allows for a simplification of the control procedures, in particular by withdrawing the interpretation of the control results of the fat content based on the typical process standard deviation. Moreover such a simplification consists in a substantial reduction of administrative burden and cost to both Parties and facilitates the access to the quota for both exporters and importers.

(7)

Article 33(1)(d) of Regulation (EC) No 2535/2001 provides that the issuing body in New Zealand shall issue the IMA 1 certificate before the product it covers leaves the territory of the issuing country. Butter falling under quota year 2008 may be shipped in New Zealand as from November 2007. Since it is impossible to apply the new provisions of Regulation (EC) No 2535/2001 as amended by this Regulation, to such shipments, and as the proper implementation of the new provisions need some time, Article 33(1)(d) of Regulation (EC) No 2535/2001 should not apply for the period 1 November 2007 to 31 January 2008.

(8)	At the same time it is appropriate to update some data relating to the NZ issuing body in Annex XII to Regulation (EC) No 2535/2001.

(9)	Regulation (EC) No 2535/2001 should be amended accordingly.

(10)

Commission Decision 2001/651/EC (10) established the typical process standard deviation of the fat content of butter imported from New Zealand in order to facilitate the controls under Annex IV to Regulation (EC) No 2535/2001. Under the new arrangement providing for an extension of the quota description to unsalted butter, it is possible to abandon the interpretation of the control results and consequently the complicated typical process standard deviation procedure. Therefore, Decision 2001/651/EC has become obsolete and should be repealed.

(11)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2535/2001 is amended as follows:

1.	Article 2 is replaced by the following: ‘Article 2 Without prejudice to Title II of Regulation (EC) No 1291/2000, and save as otherwise provided for in this Regulation, all imports of milk products shall be subject to presentation of an import licence.’;

2.	Article 19a is amended as follows: (a) paragraph 2 is replaced by the following: ‘2.   Imports under the quotas referred to in paragraph 1 shall not be subject to the presentation of an import licence.’; (b) paragraph 3 is deleted.

3.	Article 20 is amended as follows: (a) in paragraph 1, point (d) is replaced by the following: ‘(d) Annex 2 to the Agreement between the European Community and Switzerland on trade in agricultural products.’; (b) paragraph 3 is deleted.

4.

After Article 22, the following Chapter is inserted: ‘CHAPTER IIa NON-QUOTA IMPORTS WITHOUT PRESENTATION OF AN IMPORT LICENCE Article 22a 1.   This Article shall apply to preferential imports as referred to in Article 3 of the Agreement between the European Community and Switzerland on trade in agricultural products. 2.   All products falling under CN code 0406 originating in Switzerland are exempted from an import duty and from the presentation of an import licence. 3.   The duty exemption shall be applied only on presentation of the declaration of release for free circulation accompanied by the proof of origin issued under Protocol 3 to the Agreement between the European Economic Community and the Swiss Confederation signed at Brussels on 22 July 1972.’

5.	Article 38 is deleted.

6.	In Article 40(1), the second, third and fourth subparagraphs are deleted.

7.	Part D of Annex II is replaced by the text in Annex I to this Regulation.

8.	Annex III.A is replaced by the text in Annex II to this Regulation.

9.	Annex IV is amended in accordance with Annex III to this Regulation.

10.	Annex V is replaced by the text in Annex IV to this Regulation.

11.

In Annex VIII the first subparagraph of point 2 is replaced by the following: ‘IMA 1 issuing bodies may cancel an IMA 1 certificate or part thereof for a quantity covered by it which is destroyed or rendered unfit for sale in circumstances beyond the control of the exporter. Where part of the quantity covered by an IMA 1 certificate is destroyed or rendered unfit for sale, a replacement certificate may be issued for the remaining quantity. In the case of New Zealand butter referred to in Annex III(A), the original product identification list shall be used for this purpose. The replacement certificate shall be valid only up to the same date as the original. In this case, box 17 of the replacement IMA 1 certificate shall contain the words “valid up to 00.00.0000”.’

12.	Annex X is amended in accordance with Annex V to this Regulation.

13.

In Annex XII the data related to New Zealand are replaced by the following: ‘New Zealand ex 0405 10 11 ex 0405 10 19 ex 0405 10 30 ex 0406 90 01 ex 0406 90 21 Butter Butter Butter Cheese for processing Cheddar New Zealand Food Safety Authority Telecom Towers, 86 Jervois Quay, PO Box 2835 Wellington New Zealand Tel. (64-4) 894 2500 Fax (64-4) 894 2501’

Article 2

At the request of the interested parties, the securities lodged for the issuing of import licences shall be released under the following conditions:

(a)	the licences are issued for imports under the quotas referred to under Chapter Ia or the licences are issued for the import of products falling under CN code 0406 originating in Switzerland;

(b)	the validity of the licences has not expired before 1 January 2008;

(c)	the licences have been used only partially or not at all by 1 January 2008.

Article 3

By way of derogation from Article 34(2) of Regulation (EC) No 2535/2001, Article 33(1)(d) of that Regulation shall not apply from 1 November 2007 to 31 January 2008 for imports related to quota year 2008.

Article 4

Decision 2001/651/EC is repealed.

Article 5

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

It shall apply from 1 January 2008. However, Article 3 shall apply from 1 November 2007.

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(1)  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2). Regulation (EC) No 1255/1999 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1.7.2008.

(2)  OJ L 114, 30.4.2002, p. 132.

(3)  OJ L 114, 30.4.2002, p. 1.

(4)  OJ L 341, 22.12.2001, p. 29. Regulation as last amended by Regulation (EC) No 1324/2007 (OJ L 294, 13.11.2007, p. 14).

(5)  OJ L 114, 1.5.2007, p. 8.

(6)  OJ L 258, 4.10.2007, p. 3.

(7)  OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 214/2007 (OJ L 62, 1.3.2007, p. 6).

(8)  See page 95 of this Official Journal.

(9)  See page 95 of this Official Journal.

(10)  OJ L 229, 25.8.2001, p. 24. Decision as last amended by Decision 2004/584/EC (OJ L 255, 31.7.2004, p. 41).

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22.12.2007

EN

Official Journal of the European Union

L 340/46

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COMMISSION REGULATION (EC) No 1566/2007

of 21 December 2007

laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1966/2006 of 21 December 2006 on electronic recording and reporting of fishing activities and on means of remote sensing (1), and in particular Article 5 thereof,

Whereas:

(1)

Article 22(1)(c) of Council Regulation (EC) No 2371/2002 (2) provides that activities within the scope of the common fisheries policy are prohibited unless a master, without undue delay records and reports information on fishing activities, including landings and transhipments and that copies of the records shall be made available to the authorities.

(2)

In accordance with Council Regulation (EC) No 1966/2006 the obligation to electronically record and transmit logbook, landing declaration and transhipment data applies to masters of Community fishing vessels exceeding 24 m length overall within 24 months of entry into force of the implementing rules and to masters of Community fishing vessels exceeding 15 m length overall within 42 months of entry into force of the implementing rules.

(3)	Daily reporting of fishing activities creates the potential to enhance significantly the efficiency and effectiveness of monitoring, control and surveillance operations both at sea and on land.

(4)	Article 6 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (3) provides that masters of Community fishing vessels shall keep a logbook of their operations.

(5)

Article 8 of Council Regulation (EEC) No 2847/93 provides that the master of each Community fishing vessel having an overall length equal to or more than 10 m or his representative, shall after each fishing trip and within 48 hours of landing submit a declaration to the competent authorities of the Member States where the landing takes place.

(6)

Article 9 of Council Regulation (EEC) No 2847/93 provides that auction centres or other bodies or persons authorised by Member States which are responsible for the first marketing of fishery products shall, upon first sale, submit a sales note to the competent authorities in whose territory the first marketing takes place.

(7)

Article 9 of Council Regulation (EEC) No 2847/93 also provides that where the first marketing of fisheries products does not take place in the Member State where the products have been landed, the Member State responsible for monitoring the first marketing shall ensure that a copy of the sales note is submitted to the authorities responsible for monitoring the landing of the products as soon as possible.

(8)	Article 19 of Council Regulation (EEC) No 2847/93 requires Member States to create computerised databases and to establish a validation system comprising in particular cross-checks and verification of data.

(9)	Article 19b and 19e of Council Regulation (EEC) No 2847/93 require masters of Community fishing vessels to make effort reports and to record them in their logbook.

(10)	Article 5 of Council Regulation (EC) No 2347/2002 (4) requires the master of a Community fishing vessel holding a deep-sea fishing permit to record in a logbook or in a form provided by the flag Member State information concerning fishing gear characteristics and fishing operations.

(11)	Council Regulation (EC) No 768/2005 (5) establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy provides for the operation of joint deployment plans.

(12)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture.

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Scope

1.   This Regulation shall apply to:

(a)	Community fishing vessels exceeding 24 metres length overall, as from 1 January 2010;

(b)	Community fishing vessels exceeding 15 metres length overall, as from 1 July 2011;

(c)	Registered buyers, registered auctions or other entities or persons authorised by Member States that are responsible for the first sale of fisheries products with an annual financial turnover in first sales of fishery products in excess of EUR 400 000, as from 1 January 2009.

2.   Notwithstanding paragraph 1(a), this Regulation shall apply as from a date earlier than 1 January 2010 to Community fishing vessels flying the flag of a given Member State and exceeding 24 metres length overall, if it is so provided by that State.

3.   Notwithstanding paragraph 1(b), this Regulation shall apply as from a date earlier than 1 July 2011 to Community fishing vessels flying the flag of a given Member State and exceeding 15 metres length overall, if it is so provided by that State.

4.   Notwithstanding the dates laid down in paragraphs 1(a) and 1(b), a Member State may decide to apply this regulation to vessels of 15 metres or less flying its flag prior to those dates in accordance with Article 3, paragraph 2 of Regulation (EC) No 1966/2006.

5.   Member States may conclude bilateral agreements on the use of electronic reporting systems on vessels flying their flags within the waters under their sovereignty or jurisdiction on condition that the vessels comply with all rules laid down in this regulation.

6.   This Regulation shall apply to Community fishing vessels regardless of the waters or ports they are carrying out fishing operations in.

7.   This Regulation shall not apply to Community fishing vessels used exclusively for exploitation of aquaculture.

Article 2

List of operators and vessels

1.   Each Member State shall establish a list of registered buyers, registered auctions or other entities or persons that it has authorised and that are responsible for the first sale of fishery products with an annual financial turnover of fishery products in excess of EUR 400 000. The first reference year shall be 2007 and the list shall be updated on 1 January of the current year (year n) on the basis of the annual financial turnover of fishery products in excess of EUR 400 000 in year n–2. That list shall be published on an official website of the Member State.

2.   Each Member State shall establish and periodically update lists of Community fishing vessels flying its flag to which the provisions of this regulation apply in accordance with Article 1 paragraphs 2, 3, 4 and 5. The lists shall be published on an official website of the Member State and shall be in the format to be decided in consultations between the Member States and the Commission.

Article 3

Definitions

For the purpose of this Regulation the following definitions shall apply:

(a)	‘fishing operation’ means all activities in connection with searching for fish, the shooting, setting and hauling of a fishing gear and the removal of any catch from the gear;

(b)	‘joint deployment plan’ means a plan setting out operational arrangements for the deployment of available means of control and inspection.

CHAPTER II

ELECTRONIC TRANSMISSION

Article 4

Information to be transmitted by masters of vessels or their representatives

1.   Masters of Community fishing vessels shall transmit logbook and transhipment data by electronic means to the competent authorities of the flag Member State.

2.   Masters of Community fishing vessels or their representatives shall transmit landing declaration data by electronic means to the competent authorities of the flag State.

3.   When a Community fishing vessel lands its catch in a Member State other than the flag Member State, the competent authorities of the flag Member States shall immediately upon receipt forward the landing declaration data by electronic means to the competent authorities of the Member State where the catch was landed.

4.   Masters of Community fishing vessels shall, where required under Community rules, transmit by electronic means to the competent authority of the flag Member State prior notification of entry into port at the time that it is required to be transmitted.

5.   When a vessel intends to enter a port in a Member State other than the flag Member State, the competent authorities of the flag Member State shall immediately upon receipt forward the prior notification referred to in paragraph 4 by electronic means to the competent authorities of the coastal Member State.

Article 5

Information to be transmitted by entities or persons responsible for first sale or take-over

1.   Registered buyers, registered auctions or other entities or persons authorised by Member States, that are responsible for the first sale of fishery products shall transmit information required to be recorded in a sales note by electronic means to the competent authorities of the Member State in whose territory the first marketing takes place.

2.   When the first marketing takes place in a Member State other than the flag Member State, the competent authorities of the Member State where the first marketing takes place shall ensure that a copy of the sales notes data is submitted by electronic means to the competent authorities of the flag Member State on receipt of relevant information.

3.   Where the first marketing of fisheries products does not take place in the Member State where the products have been landed, the Member State where the first marketing takes place shall ensure that a copy of the sales note data is submitted by electronic means immediately on receipt of relevant information, to the following authorities:

(a)	the competent authorities of the Member State where the fishery products have been landed and

(b)	the competent authorities of the flag Member State of the vessel that landed the fishery products.

4.   The holder of the take-over declaration shall transmit by electronic means the information required to be recorded in a take-over declaration to the competent authorities of the Member State in whose territory the take-over physically takes place.

Article 6

Frequency of transmission

1.   The master shall transmit the electronic logbook information to the competent authorities of the flag Member State at least on a daily basis not later than 24.00 hours even when there are no catches. He shall also send such data:

(a)	at the request of the competent authority of the flag Member State;

(b)	immediately after the last fishing operation has been completed;

(c)	before entering into port;

(d)	at the time of any inspection at sea;

(e)	at the time of events defined in Community legislation or by the flag State.

2.   The master may transmit corrections to the electronic logbook and transhipment declarations up to the last transmission made at the end of the fishing trip and before entering into port. Corrections shall be easily identifiable. All original electronic logbook data and corrections to those data shall be stored by the competent authorities of the flag Member State.

3.   The master or his representatives shall transmit the landing declaration by electronic means immediately after the landing declaration has been established

4.   The master of the donor vessel and the receiving vessel shall transmit transhipment data by electronic means immediately after the transhipment.

5.   The master shall keep a copy of the information referred to in paragraph 1 on board the fishing vessel for the duration of each fishing trip until the landing declaration has been submitted.

Article 7

Format for transmission of data from a vessel to the competent authority of its Flag state

Each Member State shall determine the format for the transmission of data from vessels flying its flag to its competent authorities.

Article 8

Return messages

Member States shall ensure that return messages are issued to vessels flying their flag for each transmission of logbook, transhipment and landing data. The return message shall contain an acknowledgement of receipt.

CHAPTER III

EXEMPTIONS

Article 9

Exemptions

1.   A Member State may exempt masters of vessels flying its flag from the obligations referred to in Article 4, paragraph 1, when they carry out fishing trips of 24 hours or less within the waters under its sovereignty or jurisdiction on condition that they do not land their catch outside the territory of the flag Member State.

2.   Masters of Community fishing vessels shall be exempt from the obligation to complete paper logbook, landing and transhipment declarations.

3.   Masters of Community vessels, or their representatives, that land their catch in a Member State other than the flag Member State shall be exempt from the requirement to submit a paper landing declaration to the coastal Member State.

4.   Member States may conclude bilateral agreements on the use of electronic reporting systems on vessels flying their flags within the waters under their sovereignty or jurisdiction. The vessels falling within the scope of such agreements shall be exempt from completing a paper logbook within those waters.

5.   Masters of Community vessels that record in their electronic logbooks the fishing effort information required under Article 19b of Regulation (EEC) No 2847/93 shall be exempt from the obligation to transmit effort reports by telex, by VMS, by fax, by telephone or by radio.

CHAPTER IV

FUNCTIONING OF ELECTRONIC RECORDING AND REPORTING SYSTEMS

Article 10

Provisions in the event of technical failure or non functioning of electronic recording and reporting systems

1.   In the event of a technical failure or non-functioning of the electronic recording and reporting system the master or the owner of the vessel or their representative shall communicate logbook, landing declaration and transhipment data to the competent authorities of the flag Member State in a way established by the flag Member State on a daily basis and no later than 24.00 hours even when there are no catches:

(a)	at the request of the competent authority of the Flag State;

(b)	immediately after the last fishing operation has been completed;

(c)	before entering into port;

(d)	at the time of any inspection at sea;

(e)	at the time of events defined in Community legislation or by the flag State.

2.   The competent authorities of the flag Member State shall update the electronic logbook immediately on receipt of the data referred to in paragraph 1.

3.   A Community fishing vessel shall not leave a port, following a technical failure or non-functioning of its electronic recording and reporting system before it is functioning to the satisfaction of the competent authorities of the flag Member State or before it is otherwise authorised to leave by the competent authorities of the flag Member State. The flag Member State shall immediately notify the coastal Member State when it has authorised a vessel flying its flag to leave a port in the coastal Member State.

Article 11

Non-receipt of data

1.   When the competent authorities of a flag Member State have not received data transmissions in accordance with Article 4, paragraphs 1 and 2 they shall notify the master or the owner of the vessel or their representative thereof as soon as possible. If, in respect of a particular vessel, this situation occurs more than three times within a period of one year, the flag Member State shall ensure that the electronic reporting system in question is checked. The Member State concerned shall investigate the matter in order to determine why data have not been received.

2.   When the competent authorities of a flag Member State have not received data transmissions in accordance with Article 4, paragraph 1 and 2 and the last position received through the Vessel Monitoring System was from within the waters of a coastal Member State they shall notify the competent authorities of that coastal Member State thereof as soon as possible.

3.   The master or the owner of the vessel or their representative shall send all data for which a notification was received in accordance with paragraph 1 to the competent authorities of the flag Member State immediately on receipt of the notification.

Article 12

Data access failure

1.   When the competent authorities of a coastal Member State observe a vessel flying the flag of another Member State in their waters and can not access data in accordance with Article 15 they shall request the competent authorities of the flag Member State to ensure access.

2.   If the access referred to in paragraph 1 is not ensured within four hours of the request, the coastal Member State shall notify the flag Member State. On receipt of the notification the flag Member State shall immediately send the data to the coastal Member State by any available electronic means.

3.   If the coastal Member State does not receive the data referred to in paragraph 2, the master or owner of the vessel or their representative shall send the data and a copy of the return message referred to in Article 8 to the competent authorities of the coastal Member State on request and by any available electronic means.

4.   If the master or owner of the vessel or their representative can not provide the competent authorities of the coastal Member State with a copy of the return message referred to in Article 8, fishing activities in the waters of the coastal Member State by the vessel concerned shall be prohibited until the master or his representative can provide a copy of the return message or information referred in Article 6(1) to the said authorities.

Article 13

Data on the functioning of the electronic reporting system

1.   Member States shall maintain databases on the functioning of their electronic reporting system. They shall contain at least the following information:

(a)	the list of fishing vessels flying their flag whose electronic reporting systems have experienced technical failure or have failed to function;

(b)	the number of electronic logbook transmissions received per day and the average number of transmissions received per vessel, broken down by flag Member State;

(c)	the number of landing declaration, transhipment declaration, takeover declaration and sales note transmissions received, broken down by flag State.

2.   Summaries of information on the functioning of Member States’ electronic reporting systems shall be sent to the Commission on its request in a format and at time intervals to be decided in consultation between Member States and the Commission.

CHAPTER V

DATA EXCHANGE AND ACCESS

Article 14

Format for exchange of information between Member States

1.   Information shall be exchanged between Member States using the format defined in the Annex which is based on extensible mark-up language (XML).

2.   Corrections to the information referred to in paragraph 1 shall be clearly identified.

3.   When a Member State receives electronic information from another Member State it shall ensure that a return message is issued to the competent authorities of that Member State. The return message shall contain an acknowledgement of receipt.

4.   Data elements in the Annex that are mandatory for Masters to record in their logbook according to Community rules shall also be mandatory in exchanges between Member States.

Article 15

Access to data

1.   A flag Member State shall ensure that a coastal Member State has on-line access in real time to electronic logbook and landing declaration data of vessels flying its flag when conducting fishing operations in the waters under the sovereignty or jurisdiction of the coastal Member State.

2.   The data referred to in paragraph 1 shall at least cover the data from the last departure from port to the time when the landing is completed. Data from fishing trips for the previous 12 months shall be made available on request.

3.   The master of a Community fishing vessel shall have secure access to his own electronic logbook information stored in the database of the flag Member State on a 24-hour, seven days a week basis.

4.   A coastal Member State shall grant on-line access to its logbook database to a fishery patrol vessel of another Member State in the context of a joint deployment plan.

Article 16

Exchange of data between Member States

1.   Access to the data referred to in Article 15, paragraph 1 shall be by secure Internet connection on a 24-hour, seven days a week basis.

2.   Member States shall exchange the relevant technical information to ensure mutual access to electronic logbooks.

3.   Member States shall:

(a)	Ensure that data received according to this Regulation are safely stored in computerised databases and take all necessary measures to ensure that they are treated as confidential;

(b)	Take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation.

Article 17

Single authority

1.   In each Member State, a single authority shall be responsible for transmitting, receiving, managing and processing all data covered by this Regulation.

2.   Member States shall exchange lists and contact details of the authorities referred to in paragraph 1 and shall inform the Commission thereof.

3.   Any changes in the information referred to in paragraphs 1 and 2 shall be communicated to the Commission and other Member States without delay.

CHAPTER VI

FINAL PROVISIONS

Article 18

Entry into force

This Regulation shall enter into force on 1 January 2008.

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(1)  OJ L 409, 30.12.2006, p. 1, as corrected by OJ L 36, 8.2.2007, p. 3.

(2)  OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).

(3)  OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1967/2006 (OJ L 409, 30.12.2006, p. 11, as corrected by OJ L 36, 8.2.2007, p. 6).

(4)  OJ L 351, 28.12.2002, p. 6. Regulation as amended by Regulation (EC) No 2269/2004 (OJ L 396, 31.12.2004, p. 1).

(5)  OJ L 128, 21.5.2005, p. 1.

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22.12.2007

EN

Official Journal of the European Union

L 340/58

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COMMISSION REGULATION (EC) No 1567/2007

of 21 December 2007

fixing the quantitative limit for the exports of out-of-quota isoglucose until the end of the 2007/2008 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1), and in particular Article 12(d) thereof,

Whereas:

(1)

Regulation (EC) No 318/2006 lays down rules for the common organisation of the markets in the sugar sector. According to Article 12(d) of Regulation (EC) No 318/2006, the isoglucose produced in excess of the quota referred to in Article 7 of that Regulation may be exported only within the quantitative limit to be fixed.

(2)

For certain Community producers of isoglucose, exports from the Community represent an important part of their economic activities and they have established traditional markets outside the Community. Exports of isoglucose to those markets could be economically viable also without granting export refunds. To that end, it is necessary to fix a quantitative limit for out-of-quota isoglucose exports so that the Community producers concerned may continue to supply their traditional markets.

(3)	Until the end of the 2007/2008 marketing year, i.e. 30 September 2008, it is estimated that fixing the quantitative limit at 40 000 tonnes, in dry matter, for out-of-quota isoglucose exports would correspond to the market demand.

(4)

With a view to ensuring orderly management, preventing speculation and providing for effective controls, detailed rules should be laid down for submitting licence applications. Such rules should make use of the procedures laid down by existing legislation, with suitable adaptations to reflect the specific needs of this sector.

(5)

In order to minimise the risk of fraud and to prevent any abuse associated with the eventual re-import or re-introduction into the Community of the isoglucose concerned, certain countries of the Western Balkans should be excluded from the eligible destinations for out-of-quota isoglucose exports. However, those countries of this region whose authorities have to issue an export certificate for the confirmation of the origin of the sugar or isoglucose products to be exported to the Community should be exempted from this exclusion as the risk of fraud is more limited.

(6)

To assure coherence with the provisions relevant to exports in the sugar sector as laid down by Commission Regulation (EC) No 900/2007 of 27 July 2007 on a standing invitation to tender to determine refunds on exports of white sugar until the end of the 2007/2008 marketing year (2) and Commission Regulation (EC) No 1060/2007 of 14 September 2007 opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden (3) exports of out-of-quota isoglucose should not be permitted to certain close destinations as well.

(7)

In order to reduce the risk of re-importation into the Community and, more specifically, to ensure that the specific rules for returned goods referred to in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (4) and in Commission Regulation (EC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (5) are respected, Member States should be required to take all the necessary control measures.

(8)

In addition to the provisions of Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector, (6) further implementing provisions should be established for the administration of the quantitative limit to be fixed by this Regulation, in particular regarding the conditions for applying for export licences.

(9)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

Fixing the quantitative limit for out-of-quota isoglucose exports

1.   Until the end of the 2007/2008 marketing year, i.e. 30 September 2008, the quantitative limit referred to in Article 12(d) of Regulation (EC) No 318/2006 shall be 40 000 tonnes, in dry matter, for exports without refund of out-of-quota isoglucose falling within CN codes 1702 40 10, 1702 60 10 and 1702 90 30.

2.   Exports within the quantitative limit fixed in paragraph 1 shall be allowed for all destinations, with exception of the following:

(a)	third countries: Andorra, Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, the Holy See (Vatican City State), Liechtenstein, Montenegro and San Marino;

(b)

territories of Member States not forming part of the customs territory of the Community: Ceuta and Melilla, the communes of Livigno and Campione d’Italia, the Faeroe Islands, Greenland, Heligoland, and the areas of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

(c)	European territories for whose external relations a Member State is responsible not forming part of the customs territory of the Community: Gibraltar.

3.   Exports of the products referred to in paragraph 1 shall only be allowed where they comply with the following conditions:

(a)	they are obtained by isomerisation of glucose;

(b)	they have a fructose content by weight in the dry state of not less than 41 %;

(c)	they have a total content by weight in the dry state of polysaccharides and oligosaccharides, including di- and trisaccharidis, of not more than 8,5 %.

The dry matter content of isoglucose shall be determined on the basis of the density of the diluted solution in a proportion by weight of one to one or, in the case of products with a very high consistency, by drying.

Article 2

Export licences

1.   Exports within the quantitative limit fixed in Article 1(1) of this Regulation shall be subject to the presentation of an export licence in accordance with the provisions of Commission Regulation (EC) No 1291/2000 (7), Regulation (EC) No 951/2006 and Article 19 of Commission Regulation (EC) No 967/2006 (8), unless otherwise provided for in this Regulation.

2.   By way of derogation from Article 9 of Regulation (EC) No 1291/2000, rights deriving from export licences shall not be transferable.

Article 3

Application for export licences

1.   Applications for export licences in respect of the quantitative limit fixed in Article 1(1) of this Regulation may be submitted only by producers of isoglucose which are approved in accordance with Article 17 of Regulation (EC) No 318/2006 and to which an isoglucose quota has been allocated in respect of the marketing year 2007/2008 in accordance with Article 7 of that Regulation.

2.   Applications for export licences shall be submitted to the competent authorities of the Member State in which the applicant has been allocated an isoglucose quota.

3.   Export licence applications shall be submitted each week, from Monday to Friday, starting on the date of entry into force of this Regulation and until the issue of licences is suspended in accordance with Article 8.

4.   Applicants may only submit one application for each weekly period referred to in paragraph 3.

5.   The quantity applied for in respect of each export licence shall not exceed 5 000 tonnes.

6.   The application shall be accompanied by proof that the security referred to in Article 4 has been lodged.

7.   Box 20 of the application for an export licence and the licence shall contain the following entry:

‘out-of-quota isoglucose for export without refund’.

Article 4

Security for the export licence

1.   By way of derogation from the fourth indent of Article 12(1)(b) of Regulation (EC) No 951/2006, the applicant shall lodge a security of EUR 110 per tonne net dry matter of isoglucose.

2.   The security referred to in paragraph 1 may be lodged at the applicant’s choice, either in cash or in the form of a guarantee given by an establishment complying with criteria laid down by the Member State in which the application for the licence is submitted.

3.   The security referred to in paragraph 1 of this Article shall be released in accordance with Article 35 of Regulation (EC) No 1291/2000 for:

(a)	the quantity for which the applicant has fulfilled, within the meaning of Article 31(b) and Article 32(1)(b)(i) of Regulation (EC) No 1291/2000, the export obligation resulting from the licences issued in accordance with Article 6 of this Regulation; and

(b)

which the applicant has provided proof to the satisfaction of the competent authorities of the Member State where the export licence was issued that the customs formalities for importation have been completed within the meaning of Article 16 of Commission Regulation (EC) No 800/1999 (9), for the quantity of isoglucose in question.

4.   The proofs referred to in paragraph 3 shall be submitted within 12 months of the date on which the export declaration is accepted.

Article 5

Communication of Member States

1.   Member States shall notify the Commission, no later than the first working day of each week, of the quantities of isoglucose, for which export licence applications have been submitted during the preceding week.

The quantities applied for shall be broken down by eight-digit CN code. Member States shall also inform the Commission if no applications for export licences have been submitted.

This paragraph shall only apply to Member States for which an isoglucose quota was fixed in respect of the 2007/2008 marketing year by Annex III and/or Point II of Annex IV to Regulation (EC) No 318/2006.

2.   The Commission shall draw up weekly records of the quantities for which export licence applications have been submitted.

Article 6

Issue and validity of licences

1.   Licences shall be issued on the third working day following the notification referred to in Article 5(1), as the case may be taking account of the acceptance percentage fixed by the Commission in accordance with Article 8.

2.   Member States shall communicate, on the first working day of each week, to the Commission, the quantities of isoglucose for which export licences have been issued during the preceding week.

3.   Export licences issued in respect of the quantitative limit fixed in Article 1(1) shall be valid from the actual day of issue until the end of the third month following that of issue but until 30 September 2008 at the latest.

4.   Member States shall keep a record of the quantities of isoglucose actually exported under the export licences.

5.   Member States shall communicate to the Commission before the end of each month, the quantities of isoglucose actually exported during the preceding month.

6.   Paragraphs 2, 4 and 5 of this Article shall only apply to Member States for which an isoglucose quota was fixed in respect of the 2007/2008 marketing year by Annex III and/or Point II of Annex IV to Regulation (EC) No 318/2006.

Article 7

Methods of communication

The communications referred to in Articles 5(1), 6(2) and (5) shall be transmitted electronically in accordance with forms made available to the Member States by the Commission.

Article 8

Suspension of issuing export licences

Where the quantities applied for export licences exceed the quantitative limit fixed in Article 1(1) of this Regulation for the period concerned, the provisions laid down in Article 9 of Regulation (EC) No 951/2006 shall apply mutatis mutandis.

Article 9

Controls

Member States shall take all the measures necessary to establish appropriate controls to ensure that the specific rules for returned goods laid down in Chapter 2 of Title VI of Regulation (EEC) No 2913/92 and in Title I of Part III of Regulation (EEC) No 2454/93 are respected and to prevent preferential agreements with third countries from being circumvented.

Article 10

Entry into force and applicability

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

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(1)  OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Regulation (EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1).

(2)  OJ L 196, 28.7.2007, p. 26.

(3)  OJ L 242, 15.9.2007, p. 8.

(4)  OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(5)  OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 214/2007 (OJ L 62, 1.3.2007, p. 6).

(6)  OJ L 178, 1.7.2006, p. 24. Regulation as amended by Regulation (EC) No 2031/2006 (OJ L 414, 30.12.2006, p. 43).

(7)  OJ L 152, 24.6.2000, p. 1.

(8)  OJ L 176, 30.6.2006, p. 22.

(9)  OJ L 102, 17.4.1999, p. 11.

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