23.4.2008   

EN

Official Journal of the European Union

L 111/1

(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,

23.4.2008   

EN

Official Journal of the European Union

L 111/3

(1)

Regulation (EC) No 999/2001 lays down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (TSEs) in animals. It applies to the production and placing on the market of live animals and products of animal origin and in certain specific cases to exports thereof.

(2)

Annex V to Regulation (EC) No 999/2001 lays down the rules for the removal and disposal of specified risk material.

(3)

Different factors indicate a favourable trend in the bovine spongiform encephalopathy (BSE) epidemic and a clear improvement of the situation in recent years due to the risk-reducing measures in place, in particular the total feed ban and the removal and destruction of specified risk material.

(4)

One of the strategic goals the Commission’s TSE Roadmap, adopted on 15 July 2005 (2), is to ensure and maintain the current level of consumer protection by continuing to assure the safe removal of specified risk material but to modify the list or the age of animals for the removal of specified risk material based on new and evolving scientific opinions.

(5)

In its opinion of 19 April 2007 the European Food Safety Authority concluded that on the basis of current scientific knowledge likely detectable infectivity in the central nervous system of cattle appears at about three quarters of the incubation period and that it can be predicted that the infectivity would be sub-detectable or still absent in cattle aged 33 months.

(6)

The average age of BSE positive cases reported in the Community increased from 86 to 121 months between 2001 and 2006. In the same period, only seven BSE cases in bovine animals under the age of 35 months out of a total of 7 413 BSE cases, based in a total of more than 60 million bovine animals tested have been reported in the Community.

(7)

A scientific basis therefore exists to review the age limit for the removal of certain specified risk materials in bovine animals, in particular as regards the vertebral column. In view of the development of the infectivity in the central nervous system during the incubation period, the age structure of positive BSE cases and the decrease in exposure of cattle born after 1 January 2001, the age limit for removing vertebral column, including dorsal root ganglia of bovine animals, as specified risk material can be increased from 24 to 30 months. Accordingly, the definition of specified risk material in Annex V to Regulation (EC) No 999/2001 should be amended.

(8)

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

(9)

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

‘(ii)

the vertebral column excluding the vertebrae of the tail, the spinous and transverse processes of the cervical, thoracic and lumbar vertebrae and the median sacral crest and wings of the sacrum, but including the dorsal root ganglia, of animals aged over 30 months; and’

23.4.2008   

EN

Official Journal of the European Union

L 111/5

(1)

The Commission is required, by virtue of Article 4(2) of Regulation (EC) No 2320/2002, when necessary, to adopt measures for the implementation of common basic standards for aviation security throughout the Community. Commission Regulation (EC) No 622/2003 of 4 April 2003 laying down measures for the implementation of the common basic standards on aviation security (2) was the first act laying down such measures.

(2)

The measures provided for by Regulation (EC) No 622/2003 should be reviewed in light of technical developments, operational implications at airports and the impact on passengers. Further research has shown that the benefits of a rulemaking on cabin bag size would not outweigh the operational implications at airports and impact on passengers. This rule, which would apply as from 6 May 2008, should thus be deleted.

(3)

Regulation (EC) No 622/2003 should be amended accordingly.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security,

23.4.2008   

EN

Official Journal of the European Union

L 111/7

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.

(3)

Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex should be classified under the CN codes indicated in column 2, by virtue of the reasons set out in column 3 of that table.

(4)

It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

23.4.2008   

EN

Official Journal of the European Union

L 111/9

(1)

For the classification of fruit juices within the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, a distinction is to be made between, on the one hand, fruit juices containing added sugar of heading 2009 and, on the other hand, preparations for the manufacture of beverages including flavoured sugar syrups of heading 2106.

(2)

According to the Harmonised System Explanatory Note to heading 2009, amongst other additives, sugar can be added to fruit juices, provided that they retain their original character.

(3)

Consequently fruit juices or mixtures of fruit juices, whether or not containing added sugar, are to be classified in the subheadings of heading 2009 of the Combined Nomenclature, unless they have lost their original character of fruit juice. In the last case they have to be excluded from classification under heading 2009 and have to be classified under heading 2106.

(4)

In accordance with Additional Note 5(b) to Chapter 20 of the Combined Nomenclature, fruit juices to which so much sugar has been added that they contain less than 50 % by weight of fruit juice have lost their natural state of fruit juice and can therefore not be classified under heading 2009. The added sugar content is to be determined according to their Brix value which depends, amongst others, on the sugar content of these products.

(5)

Problems have risen with respect to the classification of concentrated natural fruit juices. When the added sugar content of those products is calculated as set out in Additional Notes 2 and 5, it may appear to be so high that products contain less than 50 % by weight of fruit juices so that they have to be classified under heading 2106. This result is unsatisfactory as it is based on a fictive calculation of the added sugar content while in reality no sugar has been added and the high added sugar content results from the concentration.

(6)

It is therefore appropriate to reword point (b) of Additional Note 5 to Chapter 20 and to add a new provision to that point, clearly stating that for concentrated natural fruit juices the criterion of 50 % by weight of fruit juices does not apply so that those juices are not to be excluded from heading 2009 on the basis of a calculated addition of sugar. It should also be clearly stated that Additional Note 5 is to be applied on the products as presented.

(7)

Regulation (EEC) No 2658/87 should therefore be amended accordingly.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

23.4.2008   

EN

Official Journal of the European Union

L 111/11

(1)

Directive 2006/24/EC of the European Parliament and the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks (1) (the Data Retention Directive) aims to harmonise Member States’ provisions concerning the obligations of providers of publicly available electronic communications services or of public communications networks with respect to the retention of certain data which are generated or processed by them in order to ensure that such data are available for the purpose of the investigation, detection and prosecution of serious crime.

(2)

The preamble to the Data Retention Directive notes that technologies relating to electronic communications are changing rapidly and that legitimate requirements of competent authorities may evolve. In order to obtain advice and encourage the sharing of best practice in all matters relating to the retention of personal data, the Commission intends to establish a group composed of Member States’ law enforcement authorities, associations of the electronic communications industry, representatives of the European Parliament and data protection authorities including the European Data Protection Supervisor.

(3)

Article 14 of the Data Retention Directive states that no later than 15 September 2010, the Commission shall submit to the European Parliament and Council an evaluation of the application of the Directive and its impact on economic operators and consumers, taking into account further developments in electronic communications technology and statistics provided to the Commission on retention of data. The evaluation should help determine whether it is necessary to amend the Data Retention Directive, in particular with regard to the list of data in Article 5 and the periods of retention provided for in Article 6 of the Directive.

(4)

On 10 February 2006 the Council and the Commission issued a Joint Statement in relation to evaluation of the Data Retention Directive. This stated that the Commission will invite relevant stakeholders to regular review meetings to exchange information about technological developments, costs and effectiveness of application of the Directive. The Joint Statement says that during this process Member States will be invited to inform partners of their experiences in implementing the Directive and to share best practice. The Joint Statement further says that on the basis of these discussions ‘the Commission will consider presenting any necessary proposals, including with regard to any difficulties which may have emerged for Member States in relation to the technical and practical implementation of the Directive, in particular its application to Internet e-mail and Internet telephony data’.

(5)

For the reasons indicated above it is necessary to set up a group of experts in the field of data retention drawn from the stakeholders referred to in Recital 14 of the Data Retention Directive.

(6)

The group of experts will work as a consultative group. The group of experts will facilitate the sharing of best practice and contribute to the Commission’s assessment of the costs and effectiveness of the Directive as well as the development of relevant technologies which may impact on the Directive.

(7)

The members of the group of experts will be drawn from the stakeholder groups referred to in Recital 14 of Directive 2006/24/EC.

(8)

The group should be composed of a maximum of 25 members representing an appropriate balance of the aforementioned stakeholder groups.

(9)

The group of experts should be able to establish sub-groups in order to facilitate and accelerate its work by focusing on a specific issue. The terms of reference of such sub-groups should be agreed upon by the group of experts as a whole and should be clearly defined.

(10)

Rules on disclosure of information by members of the group of experts should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (2).

(11)

Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3).

(12)

The term of office of the Members should be five years and may be renewable.

(13)

It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

(a)

to provide a forum for dialogue and the sharing of experience and best practice among experts drawn from the entities outlined in Article 3 hereof and in particular between competent authorities of the Member States and representatives of the electronic communications sector on questions related to the retention of personal data by providers of publicly available electronic communications services or public communications networks in order to ensure that the data are available for the investigation, detection or prosecution of serious crime;

(b)

to encourage and facilitate a common orientation on the application of the Directive;

(c)

to exchange information about relevant technological developments, costs and effectiveness of application of the Directive;

(d)

to assist the Commission in identifying and defining difficulties which have emerged for the Member States in relation to the technical and practical implementation of the Directive in particular its application to Internet e-mail and Internet telephony data;

(e)

to assist the Commission in its evaluation of the application of the Data Retention Directive and its impact on economic operators and consumers.

(a)

Member States’ law enforcement authorities (up to 10 members);

(b)

Members of the European Parliament (up to 2 members);

(c)

Associations of the electronic communications industry (up to 8 members);

(d)

Representatives of the Data Protection Authorities (up to 4 members);

(e)

The European Data Protection Supervisor (1 member).

23.4.2008   

EN

Official Journal of the European Union

L 111/15

23.4.2008   

EN

Official Journal of the European Union

L 111/15

‘(a)

the applications for export licences as referred to in Article 1 lodged from Monday to Wednesday of the same week, stating whether they fall within the scope of Article 4 or not;’,

‘(a)

the applications for export licences as referred to in Article 1 lodged from Monday to Friday of the same week, stating whether they fall within the scope of Article 4 or not;’.