19.4.2008   

EN

Official Journal of the European Union

L 109/1

(1)

Regulation (EC) No 1580/2007 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,

19.4.2008   

EN

Official Journal of the European Union

L 109/3

(1)

Commission Regulation (EC) No 341/2007 (3) opens and provides for the administration of tariff quotas and introduces a system of import licences and certificates of origin for garlic and other agricultural products imported from third countries.

(2)

The quantities for which ‘A’ licence applications have been lodged by traditional importers and by new importers during the first five working days of April 2008, pursuant to Article 10(1) of Regulation (EC) No 341/2007 exceed the quantities available for products originating in China and all third countries other than China and Argentina.

(3)

Therefore, in accordance with Article 7(2) of Regulation (EC) No 1301/2006, it is now necessary to establish the extent to which the ‘A’ licence applications sent to the Commission by 15 April 2008 in accordance with Article 12 of Regulation (EC) No 341/2007 can be met,

19.4.2008   

EN

Official Journal of the European Union

L 109/5

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2007/08 marketing year are fixed by Commission Regulation (EC) No 1109/2007 (3). These prices and duties have been last amended by Commission Regulation (EC) No 316/2008 (4).

(2)

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

19.4.2008   

EN

Official Journal of the European Union

L 109/7

(1)

Directive 2004/36/EC introduces a harmonised approach to the effective enforcement of international safety standards within the Community by harmonising the rules and procedures for ramp inspections of third-country aircraft landing at airports located in the Member States. It requires the Member States to conduct ramp inspections on third-country aircraft suspected of non-compliance with international safety standards landing at any of its airports open to international air traffic following a harmonised procedure, and to participate to the collection and exchange of information on the ramp inspections carried out.

(2)

In order to maximise the limited resources available to the competent inspection authorities of each Member State, they should give priority to conducting ramp inspections of certain categories of operators and aircraft which are particularly susceptible to safety deficiencies.

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 12 of Council Regulation (EEC) No 3922/91 (2),

1.

‘prioritisation of ramp inspections’ means the dedication of an appropriate portion of the total number of ramp inspections conducted by a Member State on an annual basis, as provided under Article 2 of this Regulation;

2.

‘subject’ means an operator and/or all operators from a particular State and/or an aircraft type and/or a particular aircraft.

1.

Subjects identified as posing a potential safety threat on the basis of the regular analyses conducted by the European Aviation Safety Agency (EASA).

2.

Subjects identified on the basis of an opinion expressed by the Air Safety Committee within the context of the implementation of Regulation (EC) No 2111/2005 of the European Parliament and the Council (3) that further verification of effective compliance with relevant safety standards through systematic ramp inspections on those subjects is necessary. This may include subjects which have been withdrawn from the list of air carriers subject to an operating ban within the Community established by Regulation (EC) No 2111/2005 (the Community list).

3.

Subjects identified on the basis of information obtained by the Commission from the Member States or EASA pursuant to Article 4(3) of Regulation (EC) No 2111/2005.

4.

Aircraft operated into the Community by operators included in Annex B of the Community list.

5.

Aircraft operated by other operators certified in the same state as any operator featuring concurrently on the Community list.

19.4.2008   

EN

Official Journal of the European Union

L 109/9

(1)

Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2) provides for surveillance of imports of the products listed in Annex XVII thereto. That surveillance is to be carried out in accordance with the rules laid down in Article 308d 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 (3).

(2)

For the purposes of Article 5(4) of the Agreement on Agriculture (4) concluded during the Uruguay Round of multilateral trade negotiations and in the light of the latest data available for 2004, 2005 and 2006, the trigger levels for additional duties of cucumbers and cherries, other than sour cherries should be adjusted.

(3)

As a result, Regulation (EC) No 1580/2007 should be amended accordingly.

(4)

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

19.4.2008   

EN

Official Journal of the European Union

L 109/11

(1)

Regulation (EC) No 1924/2006 establishes rules for the use of claims in the labelling, presentation and advertising of foods.

(2)

Applications for authorisation of health claims should adequately and sufficiently demonstrate that the health claim is based on and substantiated by generally accepted scientific evidence, by taking into account the totality of the available scientific data and by weighing the evidence.

(3)

As provided by Article 15(4) of Regulation (EC) No 1924/2006, it is necessary to establish implementing rules concerning health claims applications submitted in accordance with that Regulation, including rules for the preparation and presentation of applications.

(4)

The implementing rules should ensure that the application dossier is compiled in a way which defines and classifies the scientific data needed with a view to assessment of the applications by the European Food Safety Authority.

(5)

The implementing rules are intended primarily as a general guide, and, depending on the nature of the claim, the nature and extent of the studies necessary to evaluate its scientific merit may vary.

(6)

Applications for health claims should take account of the requirements laid down in Regulation (EC) No 1924/2006, particularly the general principles and conditions set out in Articles 3 and 5 thereof. Separate applications should be made for individual health claims and characterise the type of claim.

(7)

Particulars and documents to be provided in accordance with this Regulation should be without prejudice to any supplementary information that the European Food Safety Authority (the Authority) may request where appropriate, as laid down in Article 16(2) of Regulation (EC) No 1924/2006.

(8)

At the request of the Commission, the Authority has issued an opinion on scientific and technical guidance on the preparation and the presentation of applications concerning health claims (2). Applications should follow the Authority guidance in conjunction with the implementing rules to ensure the harmonised submission of applications to the Authority.

(9)

In order to benefit from data protection, as laid down in Article 21 of Regulation (EC) No 1924/2006, requests for protection of proprietary data must be justified and all data kept in a separate part of the application.

(10)

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

(a)

applications for authorisation, submitted in accordance with Article 15 of Regulation (EC) No 1924/2006; and

(b)

applications for the inclusion of a claim in the list provided for in Article 13(3) submitted in accordance with Article 18 of Regulation (EC) No 1924/2006.

(a)

shall consist primarily of studies in humans and, in the case of claims referring to children's development and health, from studies in children;

(b)

shall be presented according to a hierarchy of study designs, reflecting the relative strength of evidence which may be obtained from different types of studies.

(a)

the target population for the intended health claim;

(b)

the quantity of the nutrient or other substance, or food or category of food, and the pattern of consumption required to obtain the claimed beneficial effect;

(c)

where appropriate, a statement addressed to persons who should avoid using the nutrient or other substance, or food or category of food, for which the health claim is made;

(d)

a warning for the nutrient or other substance, or food or category of food, that is likely to present a health risk if consumed to excess;

(e)

any other restrictions of use and directions for preparation and/or use.

19.4.2008   

EN

Official Journal of the European Union

L 109/17

(1)

Directive 2004/36/EC introduces a harmonised approach to the effective enforcement of international safety standards within the Community by harmonising the rules and procedures for ramp inspections of third-country aircraft landing at airports located in the Member States. It requires the Member States to conduct ramp inspections on third-country aircraft landing at any of its airports open to international air traffic following a harmonised procedure, and to participate to the collection and exchange of information on the ramp inspections carried out.

(2)

The Community obligations of the Member States deriving from Directive 2004/36/EC could be, to a large extent, previously discharged through their voluntary participation in the Safety Assessment of Foreign Aircraft (SAFA) programme initiated in 1996 by the European Civil Aviation Conference (ECAC), the management of which was delegated to the Joint Aviation Authorities (JAA).

(3)

From 1 January 2007, the SAFA programme has passed exclusively under Community competence and is now managed by the Commission, assisted by the European Aviation Safety Agency (EASA) as provided under Commission Regulation (EC) No 768/2006 of 19 May 2006 implementing Directive 2004/36/EC of the European Parliament and of the Council as regards the collection and exchange of information on the safety of aircraft using Community airports and the management of the information system (2).

(4)

The SAFA programme should be complemented with appropriate measures aimed at ensuring common standards for the performance of ramp inspections, such as a manual for ramp inspections.

(5)

Annex II to Directive 2004/36/EC contains only very general criteria, as at the time of its adoption detailed technical guidelines and procedures were being published and updated regularly by the JAA and subsequently being voluntarily implemented by ECAC states participating in the SAFA programme.

(6)

In view of the transfer of the SAFA programme to the Community and of the increased importance being ascribed by the Commission to the results of ramp inspections conducted under the SAFA programme in taking its decisions on the inclusion of carriers in the Community list of banned air carriers established under Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC, it is deemed necessary to specify the core elements of the manual for conducting ramp inspections.

(7)

The core elements of the manual constitute the essential standards for the effective performance of ramp inspections and should therefore form part within the shortest time possible, of Annex II of Directive 2004/36/EC which establishes the procedure for the performance of ramp inspections, particularly following the transfer of the SAFA programme under Community competence.

(8)

EASA has submitted a proposal for the amendment of Annex II of Directive 2004/36/EC as provided under Article 4(1) of Commission Regulation (EC) No 768/2006.

(9)

Directive 2004/36/EC should therefore be amended accordingly.

(10)

The measures provided for in this Directive are in accordance with the opinion of the Committee established by Article 12 of Council Regulation (EEC) No 3922/91 (3),

19.4.2008   

EN

Official Journal of the European Union

L 109/27

(1)

By Article 18(1) of Directive 2003/96/EC, read in conjunction with Annex II to that Directive, Italy was authorised to apply in certain ‘particularly disadvantaged areas’ reduced rates of excise duty on domestic fuel and LPG used for heating. The derogation was applicable until 31 December 2006.

(2)

By letter dated 17 October 2006 the Italian authorities requested authorisation, under Article 19 of Directive 2003/96/EC, to apply within the same geographical areas reduced rates of taxation on gas oil and LPG used for heating purposes. Italy wishes to continue, after 31 December 2006, its national practice followed under the abovementioned derogation. The present authorisation is requested for the period from 1 January 2007 to 31 December 2012.

(3)

Italy has a very diversified territory with variable climate and geographical conditions. In 1999 Italy raised the general level of excise duties as part of a reform of its tax system. Taking into account the particularities of its territory, Italy at the same time introduced reduced rates of taxation for gas oil and LPG with a view to partially offset excessively high heating costs borne by residents in certain geographical areas.

(4)

The tax differentiation aims at putting the population of the eligible areas on a more comparable footing with the rest of the Italian population by means of reducing excessively high heating costs. For the purposes of identifying the eligible areas, Italy has based itself on objective criteria, concerning the climatic conditions of the area in question as well as access to the natural gas network. The latter criterion mirrors the degree of choice as between fuels, open to the population of the area concerned.

(5)

Thus, the tax reduction is applicable in geographical areas (communes) fulfilling the following alternative criteria: (i) communes falling within climate zone F as defined in the Presidential Decree No 412 of 1993 (2), that is communes with more than 3 000‘day degrees’; (ii) communes falling within zone E as defined in the Presidential Decree No 412 of 1993, that is communes with 2 100 to 3 000‘day degrees’ (3); and (iii) Sardinia and small islands (all Italian islands apart from Sicily). Since the development of the natural gas network would to an important extent reduce the additional heating costs and would in particular improve the variety of options between fuels, available to consumers, the reduction will no longer apply in communes belonging to the second and third areas mentioned once the natural gas network is completed in the commune concerned.

(6)

The common feature of the communes in question is the additional heating costs as compared to the rest of Italy. For climate zones E and F, the tax reduction equals on average 11 to 12 % of the price of gas oil and LPG for heating purposes. The average heating costs are, due to climate conditions, 90 % higher than the national average in climate zone E and 170 % higher than the national average in climate zone F. For the islands, the additional heating costs, as compared to mainland Italy, are due to the geographical particularities of the islands, restricted fuel supply and additional transport costs, and to the higher fuel prices as a consequence, as compared to mainland Italy.

(7)

The tax reduction remains in all cases below the additional heating costs borne by the population concerned, so that there is no overcompensation in the matter. In particular the Italian authorities have stated that the tax reduction does not go beyond the extra costs incurred in zones E and F due to the colder climate. Furthermore, as far as the islands are concerned, the authorities have stated that the tax reduction does not drive the price of the fuels in question below the price of the same fuel on the mainland.

(8)

The reduced rate of taxation remains both for gas oil and LPG higher than the Community minimum levels of taxation laid down in Directive 2003/96/EC.

(9)

The measure in question applies only to the heating of rooms (both for private individuals and businesses). It does not apply for other forms of business use of the said products.

(10)

The measure has been found not to distort competition or hinder the operation of the internal market and it is not considered incompatible with Community policy on the environment, energy and transport.

(11)

Italy should therefore be authorised, pursuant to Article 19(2) of Directive 2003/96/EC, to apply a reduced rate of taxation to gas oil and LPG used for heating purposes in certain geographical areas characterised by a high level of heating costs, as indicated in the Annex to this Decision, until 31 December 2012.

(12)

It should be ensured that Italy can apply the specific reduction to which this Decision relates seamlessly following on from the situation existing before 1 January 2007, under Article 18 of Directive 2003/96/EC read in conjunction with Annex II thereto. The authorisation requested should therefore be granted with effect from 1 January 2007,

19.4.2008   

EN

Official Journal of the European Union

L 109/30

(1)

The Deputy Secretary-General of the Council was authorised by Decision 1999/870/EC (1) and Decision 2007/149/EC (2) to act, in the context of the integration of the Schengen acquis within the European Union, as representative of certain Member States for the purposes of concluding contracts relating to the installation and the functioning of the communication infrastructure for the Schengen environment (SISNET) and to manage such contracts, pending its migration to a communication infrastructure at the charge of the European Community.

(2)

The financial obligations arising under those contracts are borne by a specific budget (hereinafter the SISNET Budget) financing the communication infrastructure referred to in those Council Decisions.

(3)

The Swiss Confederation is to participate in the provisions of the Schengen acquis related to the Schengen Information System from a date to be set by the Council in accordance with Article 15(1) of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis  (3).

(4)

From that date, the Swiss Confederation should participate in the SISNET Budget,

1.

Article 25(1) shall be replaced by the following:

‘1.   Budget revenue shall consist of financial contributions from the following Member States: Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, United Kingdom, as well as Iceland, Norway and Switzerland.’;

2.

Article 26 shall be replaced by the following:

‘Article 26

The states referred to in Article 25 shall supply their financial contributions to the Deputy Secretary-General.

The scale of contributions to be paid by the Member States referred to in Article 25, on the one hand, and by Iceland, Norway and Switzerland, on the other hand, shall be calculated annually on the basis of the share of each Member State concerned and of Iceland, Norway and Switzerland, in the total gross domestic product (GDP) for the preceding year of all the States referred to in Article 25. The scale of contributions by the Member States concerned shall be calculated annually, taking into account the contributions of Iceland, Norway and Switzerland, on the basis of the ratio of the VAT resources paid by each of those Member States to the total VAT resources of the European Communities, as established in the last amendment of the budget of the Union during the preceding financial year.

The additional costs resulting from the extension of the communication infrastructure to the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia shall not be borne by Ireland or the United Kingdom.’;

3.

the following paragraph shall be added to Article 28:

‘4.   By way of derogation from paragraph 1, and without prejudice to Article 49, Switzerland shall be required to pay its initial contribution by 1 July 2008.’.

19.4.2008   

EN

Official Journal of the European Union

L 109/32

(1)

Articles 3(2)(i)(d) and 4(2)(i)(d) of Regulation (EC) No 2037/2000 prohibit the production, import and placing on the market of methyl bromide for all uses after 31 December 2004 except, among others (2), for critical uses in accordance with Article 3(2)(ii) and with the criteria set out in Decision IX/6 of the Parties to the Montreal Protocol, together with any other relevant criteria agreed by the Parties. Exemptions for critical uses are intended to be limited derogations to allow a short period of time for the adoption of alternatives.

(2)

Decision IX/6 states that methyl bromide should qualify as ‘critical’ only if the applicant determines that the lack of availability of methyl bromide for that specific use would result in a significant market disruption; and that there are no technically and economically feasible alternatives or substitutes available to the user that are acceptable from the standpoint of environment and health and are suitable to the crops and circumstances of the nomination. Furthermore, the production and consumption, if any, of methyl bromide for critical uses should be permitted only if all technically and economically feasible steps have been taken to minimise the critical use and any associated emission of methyl bromide. An applicant should also demonstrate that an appropriate effort is being made to evaluate, commercialise and secure national regulatory approval of alternatives and substitutes; and that research programmes are in place to develop and deploy alternatives and substitutes.

(3)

The Commission received six proposals for critical uses of methyl bromide from two Member States totalling 245 146 kg, i.e. from Poland (12 995 kg) and Spain (232 151 kg).

(4)

The Commission applied the criteria contained within Decision IX/6 and Article 3(2)(ii) of Regulation (EC) No 2037/2000 in order to determine the amount of methyl bromide that is eligible to be licensed for critical uses in 2008. The Commission in consultation with Member States found that adequate alternatives were available in the Community and had become more prevalent in many Parties to the Montreal Protocol in the period since the critical use proposals were compiled by Member States. As a result, the Commission determined that 212 671 kg of methyl bromide can be used in 2008 to satisfy critical uses in each of the Member States that had requested the use of methyl bromide. This amount equates to 1,1 % of 1991 consumption of methyl bromide in the European Community and indicates that more than 98,9 % of the methyl bromide has been replaced by alternatives. The critical-use categories are in line with to those defined in Table A of Decision XIX/9 at the Nineteenth Meeting of the Parties to the Montreal Protocol (3).

(5)

Article 3(2)(ii) requires the Commission to also determine which users may take advantage of the critical use exemption. As Article 17(2) requires Member States to define the minimum qualification requirements for personnel involved in the application of methyl bromide and, as fumigation is the only use, the Commission determined that methyl bromide fumigators are the only users proposed by the Member State and authorised by the Commission to use methyl bromide for critical uses. Fumigators are qualified to apply it safely; Member States have put in place procedures to identify fumigators within their territory that are permitted to use methyl bromide for critical uses.

(6)

Decision IX/6 states that production and consumption of methyl bromide for critical uses should be permitted only if methyl bromide is not available from existing stocks of banked or recycled methyl bromide. Article 3(2)(ii) states that production and importation of methyl bromide shall be allowed only if no recycled or reclaimed methyl bromide is available from any of the Parties. In accordance with Decision IX/6 and Article 3(2)(ii), the Commission determined that 6 296,744 kg of stocks were available for critical uses.

(7)

Article 4(2)(ii) states that, subject to Article 4(4), the placing on the market and the use of methyl bromide by undertakings other than producers and importers shall be prohibited after 31 December 2005. Article 4(4) states that Article 4(2) shall not apply to the placing on the market and use of controlled substances if they are used to meet the licensed requests for critical uses of those users identified as laid down in Article 3(2).

Therefore, in addition to producers and importers, fumigators that are registered by the Commission in 2008 would be authorised to place methyl bromide on the market, and to use it for critical uses, after 31 December 2007. A fumigator typically requests an importer for both the importation and supply of methyl bromide. Fumigators registered for critical uses by the Commission in 2007 would be permitted to carry over to 2008 any remaining methyl bromide that had not been used in 2007 (referred to as stocks). The European Commission has put in place licensing procedures to deduct such stocks of methyl bromide before any additional methyl bromide is imported or produced to meet the licensed requests for critical uses in 2008.

(8)

As critical uses of methyl bromide apply from 1 January 2008, and for the purpose of ensuring that interested companies and operators may benefit from the licensing system, it is appropriate that this present decision shall apply from that date.

(9)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Regulation (EC) No 2037/2000,

19.4.2008   

EN

Official Journal of the European Union

L 109/35

(1)

Under Article 7(4) of Regulation (EC) No 1258/1999, and Article 31 of Regulation (EC) No 1290/2005, the Commission is to carry out the necessary verifications, communicate to the Member States the results of these verifications, take note of the comments of the Member States, initiate a bilateral discussion so that an agreement may be reached with the Member States in question, and formally communicate its conclusions to them.

(2)

The Member States have had an opportunity to request the launch of a conciliation procedure. That opportunity has been used in some cases and the report issued on the outcome has been examined by the Commission.

(3)

Under Regulation (EC) No 1258/1999 and Regulation (EC) No 1290/2005, only agricultural expenditure which has been incurred in a way that has not infringed Community rules may be financed.

(4)

In the light of the verifications carried out, the outcome of the bilateral discussions and the conciliation procedures, part of the expenditure declared by the Member States does not fulfil this requirement and cannot, therefore, be financed under the EAGGF Guarantee Section and the European Agricultural Guarantee Fund, hereinafter referred to as EAGF.

(5)

The amounts that are not recognised as being chargeable to the EAGGF Guarantee Section and the EAGF should be indicated. Those amounts do not relate to expenditure incurred more than twenty-four months before the Commission's written notification of the results of the verifications to the Member States.

(6)

As regards the cases covered by this Decision, the assessment of the amounts to be excluded on grounds of non-compliance with Community rules was notified by the Commission to the Member States in a summary report on the subject.

(7)

This Decision is without prejudice to any financial conclusions that the Commission may draw from the judgments of the Court of Justice in cases pending on 15 December 2007 and relating to its content,

19.4.2008   

EN

Official Journal of the European Union

L 109/40

(1)

Commission Decision 2006/502/EC (2) requires Member States to take measures to ensure that only lighters which are child-resistant are placed on the market and to prohibit the placing on the market of novelty lighters.

(2)

Decision 2006/502/EC was adopted in accordance with the provisions of Article 13 of Directive 2001/95/EC, which restricts the validity of the Decision to a period not exceeding one year, but allows it to be confirmed for additional periods none of which shall exceed one year.

(3)

Decision 2006/502/EC was amended by Decision 2007/231/EC which for the first time prolonged the validity of the Decision for a further year until 11 May 2008.

(4)

In the light of the experience acquired so far and the progress made in view of an alternative solution regarding the child safety of lighters, it is necessary to prolong the validity of the Decision for a further 12 months.

(5)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Directive 2001/95/EC,