ISSN 1725-2555

Official Journal

of the European Union

L 150

European flag  

English edition

Legislation

Volume 51
10 June 2008


Contents

 

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

 

 

REGULATIONS

 

 

Commission Regulation (EC) No 511/2008 of 9 June 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

 

 

Commission Regulation (EC) No 512/2008 of 9 June 2008 amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1109/2007 for the 2007/08 marketing year

3

 

*

Commission Regulation (EC) No 513/2008 of 5 June 2008 establishing a prohibition of fishing for haddock in Norwegian waters of I and II by vessels flying the flag of Portugal

5

 

*

Commission Regulation (EC) No 514/2008 of 9 June 2008 amending Regulation (EC) No 376/2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products, as well as Regulations (EC) No 1439/95, (EC) No 245/2001, (EC) No 2535/2001, (EC) No 1342/2003, (EC) No 2336/2003, (EC) No 1345/2005, (EC) No 2014/2005, (EC) No 951/2006, (EC) No 1918/2006, (EC) No 341/2007 (EC) No 1002/2007, (EC) No 1580/2007 and (EC) No 382/2008 and repealing Regulation (EEC) No 1119/79

7

 

 

DIRECTIVES

 

*

Council Directive 2008/55/EC of 26 May 2008 on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures (Codified version)

28

 

 

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

 

 

DECISIONS

 

 

Commission

 

 

2008/428/EC

 

*

Commission Decision of 9 June 2008 establishing the Community’s financial contribution to the expenditure incurred in the context of the emergency measures taken to combat Newcastle disease in the United Kingdom in 2005 (notified under document number C(2008) 2411)

39

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

REGULATIONS

10.6.2008   

EN

Official Journal of the European Union

L 150/1


COMMISSION REGULATION (EC) No 511/2008

of 9 June 2008

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 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 (1), and in particular Article 138(1) thereof,

Whereas:

(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,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 10 June 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 June 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development


(1)  OJ L 350, 31.12.2007, p. 1.


ANNEX

to Commission Regulation of 9 June 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

36,3

MK

49,7

TR

75,1

ZZ

53,7

0707 00 05

MK

23,0

TR

77,5

ZZ

50,3

0709 90 70

TR

104,4

ZZ

104,4

0805 50 10

AR

129,1

EG

150,8

TR

129,5

US

176,3

ZA

129,8

ZZ

143,1

0808 10 80

AR

97,2

BR

85,8

CL

88,6

CN

88,1

MK

50,7

NZ

110,0

US

123,1

UY

127,6

ZA

88,4

ZZ

95,5

0809 10 00

TR

219,4

US

317,3

ZZ

268,4

0809 20 95

TR

559,9

US

382,7

ZZ

471,3


(1)  Country nomenclature as fixed by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.


10.6.2008   

EN

Official Journal of the European Union

L 150/3


COMMISSION REGULATION (EC) No 512/2008

of 9 June 2008

amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1109/2007 for the 2007/08 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),

Having regard to 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 (2), and in particular of the Article 36,

Whereas:

(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 462/2008 (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,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties on imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 1109/2007 for the 2007/08 marketing year are hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 10 June 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 June 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development


(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). Regulation (EC) No 318/2006 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 October 2008.

(2)  OJ L 178, 1.7.2006, p. 24. Regulation as last amended by Regulation (EC) No 1568/2007 (OJ L 340, 22.12.2007, p. 62).

(3)  OJ L 253, 28.9.2007, p. 5.

(4)  OJ L 139, 29.5.2008, p. 3.


ANNEX

Amended representative prices and additional duties applicable to imports of white sugar, raw sugar and products covered by CN code 1702 90 95 applicable from 10 June 2008

(EUR)

CN code

Representative price per 100 kg of the product concerned

Additional duty per 100 kg of the product concerned

1701 11 10 (1)

18,26

7,17

1701 11 90 (1)

18,26

13,16

1701 12 10 (1)

18,26

6,98

1701 12 90 (1)

18,26

12,65

1701 91 00 (2)

21,75

15,18

1701 99 10 (2)

21,75

9,84

1701 99 90 (2)

21,75

9,84

1702 90 95 (3)

0,22

0,42


(1)  Fixed for the standard quality defined in Annex I.III to Council Regulation (EC) No 318/2006 (OJ L 58, 28.2.2006, p. 1).

(2)  Fixed for the standard quality defined in Annex I.II to Regulation (EC) No 318/2006.

(3)  Fixed per 1 % sucrose content.


10.6.2008   

EN

Official Journal of the European Union

L 150/5


COMMISSION REGULATION (EC) No 513/2008

of 5 June 2008

establishing a prohibition of fishing for haddock in Norwegian waters of I and II by vessels flying the flag of Portugal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

(1)

Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2008.

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2008.

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2008 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.

Article 3

Entry into force

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 June 2008.

For the Commission

Fokion FOTIADIS

Director-General for Fisheries and Maritime Affairs


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

(2)  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 last corrected by OJ L 36, 8.2.2007, p. 6.

(3)  OJ L 19, 23.1.2008, p. 1.


ANNEX

No

07/T&Q

Member State

PRT

Stock

HAD/1N2AB.

Species

Haddock (Melanogrammus aeglefinus)

Zone

Norwegian waters of I and II

Date

14.5.2008


10.6.2008   

EN

Official Journal of the European Union

L 150/7


COMMISSION REGULATION (EC) No 514/2008

of 9 June 2008

amending Regulation (EC) No 376/2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products, as well as Regulations (EC) No 1439/95, (EC) No 245/2001, (EC) No 2535/2001, (EC) No 1342/2003, (EC) No 2336/2003, (EC) No 1345/2005, (EC) No 2014/2005, (EC) No 951/2006, (EC) No 1918/2006, (EC) No 341/2007 (EC) No 1002/2007, (EC) No 1580/2007 and (EC) No 382/2008 and repealing Regulation (EEC) No 1119/79

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Articles 59(3) and 62(1) thereof,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (2), and in particular Article 134 and Article 161(3) in conjunction with Article 4 thereof,

Whereas:

(1)

As from 1 July 2008 Regulation (EC) No 1234/2007 will apply to main sectors of the common organisation of agricultural markets, as provided for in Article 204 thereof. Consequently, the Commission should adopt the necessary measures to amend or repeal the sectoral Regulations concerned, in order to ensure proper implementation from that date.

(2)

Article 130 of Regulation (EC) No 1234/2007 provides that without prejudice to cases where import licences are required in accordance with that Regulation, the Commission may make imports of one or more products covered by the common organisation of agricultural markets subject to presentation of an import licence. Regulation (EC) No 1234/2007 requires import licences on the one hand for the management of the import regime for husked and milled rice, to take into account the quantities to be imported, and on the other hand for the management of the import regime for sugar under preferential arrangements.

(3)

As regards exports, Article 167 of Regulation (EC) No 1234/2007 states that export refunds shall only be granted for products listed in Article 162(1) of that Regulation on presentation of an export licence. In accordance with Article 161 of that Regulation, the Commission may make exports of one or more products subject to presentation of an export licence.

(4)

For the purposes of the management of imports and exports, the Commission has been given the power to determine the products for which import and/or export will be subject to presentation of a licence. When assessing the needs of a licence system, the Commission should take account of the appropriate instruments for the management of the markets and in particular for monitoring the imports.

(5)

This situation offers the opportunity to examine in depth the existing rules in the different market sectors and to reconsider current practices for licencing with a view to simplification and to alleviating the administrative burden for Member States and operators. For reasons of clarity, the rules should be included in Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (3).

(6)

A licence system is the appropriate mechanism for the management of tariff quotas for imports and exports to be administered by a method other than the method based on the chronological order of the lodging of applications, according to the first come first served principle, given the limited volume in question and the huge number of quantities applied for.

(7)

A licence system is deemed to be the most appropriate mechanism to monitor certain agricultural products imported under preferential conditions, when considering the valuable advantage offered by the reduced rate of duty applicable and the imperative need to forecast market movements.

(8)

Taking account of the wide range of detailed rules and technical provisions implemented in the market sectors to administer exports with the benefit of refunds it is deemed more appropriate to maintain those provisions in the sectoral Regulations, at this stage.

(9)

In the cereals sector, import and export licences have to be considered as an indicator of medium-term movements and of the foreseeable evolution of the market. They represent a key instrument to set up a balance sheet of the market, to be used when assessing the conditions of resale of intervention stocks in the internal market or for exports, or to determine if an export tax has to be applied. In that respect import should be subject to presentation of a licence for spelt, common wheat and meslin, barley, maize, sorghum, durum wheat, flour of common wheat and spelt, and manioc, and export should be subject to presentation of a licence for spelt, common wheat and meslin, barley, maize, durum wheat, rye, oats and flour of common wheat and spelt in the light of their prevailing importance on the trade flows and the domestic market.

(10)

In the rice sector the information on foreseeable imports and exports provided by licences is the basis for the surveillance of the market, in particular because of the important position of rice in domestic consumption. It is also used to monitor the respect of tariff lines for like products. In addition, licences issued are to be taken into account for the calculation of import duties for husked and milled rice pursuant to Articles 137 and 139 of Regulation (EC) No 1234/2007. For these reasons, import licence should be required for husked rice, milled rice, semi-milled rice and for broken rice, and export licence should be required for husked, milled and semi-milled rice.

(11)

For sugar, the monitoring of the market is of high importance and a precise knowledge of exports is necessary. As a consequence, sugar exports should be monitored and be subject to presentation of licences. As regards imports, the licence requirement should be limited to imports benefiting from preferential import duties, without prejudice to imports subject to tariff quotas.

(12)

In order to prevent illicit hemp crops from disturbing the common organisation of the market in hemp for fibre, provision should be made for checks on imports of hemp and hemp seed to ensure that such products offer certain guarantees with regard to the tetrahydrocannabinol content. The issue of licences for such import should therefore be provided for.

(13)

For fruit and vegetables, the information gained from import licences should be used to monitor the respect of tariff lines for like products such as dried or frozen garlic or to administer tariff-rate quotas.

(14)

Apple producers in the Community have recently found themselves in a difficult situation, due, amongst others, to a significant increase in imports of apples from certain third countries of the Southern hemisphere. The monitoring of the import of apples should therefore be improved. The appropriate instrument for achieving that objective is a mechanism based on issuing import licences, as provided in 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 (4). As regards bananas, import licences are required pursuant to Commission Regulation (EC) No 2014/2005 of 9 December 2005 on licences under the arrangements for importing bananas into the Community in respect of bananas released into free circulation at the common customs tariff rate of duty. (5) In order to give a complete view of the products subject to licences, the relevant requirements should also be included in Regulation (EC) No 376/2008.

(15)

For dairy products, the information on foreseeable imports at reduced duty provided by licences is important for the surveillance of the market. As regards imports at reduced rate of duty of beef, in order to monitor the volume of trade with third countries, provision should be made for a system of licences for certain products.

(16)

Ethyl alcohol of agricultural origin imports should be subject to presentation of licences given the needs for market surveillance in case of a sensitive industry.

(17)

In order to present a clear and complete view of the obligations in respect of licences for trade in agricultural products, the list of imports and exports subject to the requirements concerned should be set out in Commission Regulation (EC) No 376/2008.

(18)

For the application of Article 4(1)(d) of Regulation (EC) No 376/2008, the maximum quantities of products for which import or export or advance fixing certificates need not to be presented should be set out, provided import or export does not take place under preferential arrangements. The list of products concerned should be amended in the light of the amendments made to the licencing obligations.

(19)

Regulation (EC) No 376/2008 and the following Regulations should therefore be amended accordingly:

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 (6),

Commission Regulation (EC) No 245/2001 of 5 February 2001 laying down detailed rules for the application of Council Regulation (EC) No 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre (7),

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 (8),

Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down detailed rules for the application of the system of import and export licences for cereals and rice (9),

Commission Regulation (EC) No 2336/2003 of 30 December 2003 introducing certain detailed rules for applying Council Regulation (EC) No 670/2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (10),

Commission Regulation (EC) No 1345/2005 of 16 August 2005 laying down detailed rules for the application of the system of import licences for olive oil (11),

Regulation (EC) No 2014/2005,

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 (12),

Commission Regulation (EC) No 1918/2006 of 20 December 2006 opening and providing for the administration of tariff quota for olive oil originating in Tunisia (13),

Commission Regulation (EC) No 341/2007 of 29 March 2007 opening and providing for the administration of tariff quotas and introducing a system of import licences and certificates of origin for garlic and certain other agricultural products imported from third countries (14),

Commission Regulation (EC) No 1002/2007 of 29 August 2007 laying down detailed rules for the application of Council Regulation (EC) No 2184/96 concerning imports into the Community of rice originating in and coming from Egypt (15),

Regulation (EC) No 1580/2007,

Commission Regulation (EC) No 382/2008 of 21 April 2008 on rules of application for import and export licences in the beef and veal sector (Recast) (16).

(20)

Commission Regulation (EEC) No 1119/79 of 6 June 1979 laying down special provisions for the implementation of the system of import licences for seeds (17) should therefore be repealed accordingly.

(21)

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 376/2008 is amended as follows:

1.

Article 1 is replaced by the following:

‘Article 1

1.   Subject to certain exceptions laid down in Community rules specific to certain products, in particular for products referred to in Council Regulation (EC) No 3448/93 (18) and its implementing rules, this Regulation lays down common rules for implementing the system of import and export licences and advance fixing certificates (hereinafter referred to respectively as “licences” and “certificates”) provided for in Part III, Chapters II and III, of Council Regulation (EC) No 1234/2007 (19) and in Council Regulation (EC) No 1493/1999 (20) or established in this Regulation.

2.   A licence or a certificate shall be presented for the following products:

(a)

in case of import, when the products are declared for free circulation:

(i)

products listed in Annex II, Part I, imported under all conditions, other than tariff quotas, save as otherwise provided therein;

(ii)

products imported under tariff quotas administered by other methods than a method based on the chronological order of the lodging of applications, according to “first come first served” principle, in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93 (21);

(iii)

products imported under tariff quotas administered by a method based on the chronological order of the lodging of applications in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93, specifically mentioned in Annex II, Part I, to this Regulation;

(b)

in case of export:

(i)

products listed in Annex II, Part II;

(ii)

products referred to in Article 162(1) of Regulation (EC) No 1234/2007 for which an export refund has been fixed, including at an amount of zero or an export tax has been fixed;

(iii)

products exported under quotas or for which an export licence needs to be presented for admission under a quota administered by a third country opened in that country for Community products imported.

3.   For products referred to in paragraphs 2(a)(i), 2(a)(iii) and 2(b)(i), the amount of the security and the period of validity as set out in Annex II shall apply.

For products referred to in paragraphs 2(a)(ii), 2(b)(ii) and 2(b)(iii), specific implementing rules related to the period of validity and the amount of the security laid down in Community rules specific to those products shall apply.

4.   For the purposes of the system of export licences and advance fixing certificates referred to in paragraph 1, when a refund has been fixed for products not listed in Annex II, Part II and an operator does not apply for the refund that operator shall not be required to present a licence or certificate for the export of the products concerned.

2.

In Article 7, the following paragraph is added:

‘8.   Without prejudice to Article 1(3), the period of validity of import and export licences and advance fixing certificates shall be as set out for each product in Annex II.’

3.

In Article 14, paragraph 2 is replaced by the following:

‘2.   Without prejudice to Article 1(3), the amount of the security applicable for licences and certificates issued for imports and exports shall be as set out in Annex II. An additional amount may be applicable in case of fixation of an export tax.

No application for a licence or certificate shall be accepted unless an adequate security has been lodged with the competent body not later than 1 p.m. on the day the application is lodged.’

4.

Annex II is replaced by the text in Annex I to this Regulation.

Article 2

Sheep meat and goat meat

Regulation (EC) No 1439/95 is amended as follows:

1.

Article 1 is replaced by the following:

‘Article 1

1.   This Regulation lays down specific detailed rules for the application of the system of import and export licences and advance fixing certificates implemented by Commission Regulation (EC) No 376/2008 (22) for the products listed in Parts XVIII of Annex I to Council Regulation (EC) No 1234/2007 (23).

2.   Regulation (EC) No 376/2008 and Commission Regulation (EC) No 1301/2006 (24) shall apply, save as otherwise provided in this Regulation.

2.

Article 2 is replaced by the following:

‘Article 2

1.   The products for which a licence shall be presented are laid down in Article 1(2) of Regulation (EC) No 376/2008.

2.   Title II of this Regulation shall apply to imports of any of the products listed in Part XVIII of Annex I to Council Regulation (EC) No 1234/2007 (25) imported under tariff quotas administered by other methods than a method based on the chronological order of the lodging of applications, in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93 (26).

3.

Articles 4, 5 and 6 are deleted.

Article 3

Hemp and flax

Regulation (EC) No 245/2001 is amended as follows:

In Article 17a(1), the following subparagraph is added:

‘For the products listed in Part I, Sections D, F and L of Annex II to Regulation (EC) No 376/2008 (27), the period of validity of the import licence shall be as set out in those sections.

Article 4

Dairy products

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

1.

Article 2 is replaced by the following:

‘Article 2

The products for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 (28). The period of validity of the import licence and the amount of the security to be lodged shall be as set out in Annex II, Part I, to that Regulation, without prejudice to Article 24(3) and (4) of this Regulation.

Regulation (EC) No 376/2008 and Commission Regulation (EC) No 1301/2006 (29) shall apply, save as otherwise provided in this Regulation.

2.

In Article 3, paragraphs 1 and 3 are deleted.

3.

In Article 24, the following paragraphs are added:

‘3.   No application for a licence or certificate shall be accepted unless a security of 10 euros per 100 kilograms net of product has been lodged with the competent body not later than 1 p.m. on the day the application is lodged.

4.   Licences shall be valid from the actual day of issue within the meaning of Article 22(2) of Regulation (EC) No 376/2008 until the end of the third month following that day.’

Article 5

Cereals and rice

Regulation (EC) No 1342/2003 is amended as follows:

1.

Article 1 is replaced by the following:

‘Article 1

1.   This Regulation lays down specific detailed rules for the application of the system of import and export licences and advance fixing certificates implemented by Commission Regulation (EC) No 376/2008 (30) for the products listed in Parts I and II of Annex I to Council Regulation (EC) No 1234/2007 (31).

2.   Regulation (EC) No 376/2008 and Commission Regulations (EC) No 1301/2006 (32) and (EC) No 1454/2007 (33) shall apply, save as otherwise provided in this Regulation.

2.

Article 6 is replaced by the following:

‘Article 6

1.   The period of validity of the import and export licence shall be as follows:

(a)

for products listed in Annex II to Regulation (EC) No 376/2008 other than those referred to in points (b) and (c) of this paragraph: as set out in that Annex;

(b)

save as otherwise provided, for products imported or exported under tariff quotas administered by other methods than a method based on the chronological order of the lodging of applications in accordance with articles 308a, 308b and 308c of Commission Regulation (EC) No 2454/93 (34) (first come first served principle): from the actual day of issue of the licence, in accordance with Article 22(2) of Regulation (EC) No 376/2008, until the end of the second month following the month of that day;

(c)

for products exported for which a refund has been fixed and for products for which, on the day of submission of the licence application, an export tax has been fixed: from the day of issue of the licence, in accordance with Article 22(1) of Regulation (EC) No 376/2008, until the end of the fourth month following the month of that day.

2.   By way of derogation from paragraph 1, the validity of export licences for products referred to in Part II Section A of Annex II to Regulation (EC) No 376/2008, for which no refund has been fixed or for which an advance fixed refund has not been fixed, shall expire the sixtieth day following the day of issue of the licence, in accordance with Article 22(1) of that Regulation.

3.   By way of derogation from paragraph 1, the validity of export licences for which a refund has been fixed for products falling within CN codes 1702 30, 1702 40, 1702 90 and 2106 90, shall expire not later than:

(a)

30 June for applications submitted until 31 May of each marketing year;

(b)

30 September for applications submitted from 1 June of a marketing year until 31 August of the following marketing year;

(c)

30 days from the day of issue of the licence for applications submitted from 1 September to 30 September of the same marketing year.

4.   By way of derogation from paragraph 1, at the request of the operator, the validity of export licences for which a refund has been fixed for products falling within CN codes 1107 10 19, 1107 10 99 and 1107 20 00 shall expire not later than:

(a)

30 September of the current calendar year, for licences issued from 1 January to 30 April;

(b)

the end of the 11th month following that of issue, for licences issued from 1 July to 31 October;

(c)

30 September of the following calendar year, for licences issued from 1 November to 31 December.

5.   Section 22 of the licences issued as provided for in paragraphs 2, 3 and 4 shall contain one of the entries set out in Annex X.

6.   Where a special term of validity is laid down for import licences for imports originating in and coming from certain third countries, sections 7 and 8 of the licence applications and of the licences themselves shall state the country or countries of provenance and of origin. Licences shall entail an obligation to import from that country or those countries.

7.   By way of derogation from Article 8(1) of Regulation (EC) No 376/2008, rights deriving from licences referred to in paragraphs 1(b) and 4 of this Article shall not be transferable.

3.

Article 7 is deleted.

4.

Article 8 is replaced by the following:

‘Article 8

1.   Export licences for products for which a refund or a tax has been fixed shall be issued on the third working day following that on which the application was lodged provided that no specific action as indicated in Article 9 of this Regulation, in Article 15 of Regulation (EC) No 1501/1995 or in Article 5 of Commission Regulation (EC) No 1518/1995 (35) has been in the meantime taken by the Commission and provided that the quantity for which licences have been applied for have been notified in accordance with Article 16(1)(a) of this Regulation.

The first subparagraph shall not apply to licences issued in connection with invitations to tender or to the licences referred to in Article 15 of Regulation (EC) No 376/2008 that are issued for the purpose of a food aid operation within the meaning of Article 10(4) of the Agreement on Agriculture concluded as part of the Uruguay Round of multilateral trade negotiations (36). Those export licences shall be issued on the first working day following the day of acceptation of the tender.

2.   Export licences for products for which a refund or a tax has not been fixed shall be issued on the day of submission of the application.

5.

Article 9 is replaced by the following:

‘Article 9

1.   The Commission may decide the following:

(a)

to set an acceptance percentage for the quantities applied for but for which licences have not yet been issued;

(b)

to reject applications for which export licences have not yet been issued;

(c)

to suspend lodging of licence applications for a maximum of five working days.

The suspension referred to in point (c) of the first subparagraph may be set for a longer period in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.

2.   Should the quantities applied for be reduced or refused, the security for the licence shall be immediately released for the quantities not granted.

3.   Applicants may withdraw their licence applications within three working days of publication in the Official Journal of the European Union of an acceptance percentage as indicated in point (a) of paragraph 1 if it is less than 80 %. Member States shall thereupon release the security.

4.   Actions taken on the basis of paragraph 1 shall not apply to exports carried out to implement Community and national food aid measures provided for under international agreements or other supplementary programmes, or to implement other Community free supply measures.’

6.

Article 11 is deleted.

7.

Article 12 is replaced by the following:

‘Article 12

The security referred to in Article 14(2) of Regulation (EC) No 376/2008 to be lodged in accordance with Title III of Commission Regulation (EEC) No 2220/85 (37) shall be as follows:

(a)

for products listed in Annex II to Regulation (EC) No 376/2008 other than those referred to in points (b) and (c) of this paragraph: as set out in that Annex;

(b)

save as otherwise provided, for products imported or exported under tariff quotas:

(i)

30 euros per tonne for products imported;

(ii)

3 euros per tonne for the products exported without refund;

(c)

for products exported for which a refund has been fixed or for licences in respect of products for which, on the day of submission of the licence application, an export tax has been fixed:

(i)

20 euros per tonne for the products falling within CN codes 1102 20, 1103 13, and 1104 19 50, 1104 23 10, 1108, 1702, and 2106;

(ii)

10 euros per tonne for the other products.

8.

Annexes I, II, III, XI, XII and XIII are deleted.

9.

Annex X is replaced by the text in Annex II to this Regulation.

Article 6

Ethyl alcohol of agricultural origin

Regulation (EC) No 2336/2003 is amended as follows:

1.

In Article 5, paragraph 1 is replaced by the following:

‘1.   The products for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 (38). The period of validity of the import licence and the amount of the security to be lodged in accordance with Title III of Commission Regulation (EEC) No 2220/85 (39) shall be as set out in Annex II, Part I, to Regulation (EC) No 376/2008.

2.

Articles 6 and 8 are deleted.

Article 7

Olive Oil

Regulation (EC) No 1345/2005 is amended as follows:

1.

In Article 1, paragraph 2 is replaced by the following:

‘2.   The imports of products falling within CN codes 0709 90 39, 0711 20 90 and 2306 90 19 for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 (40). The period of validity of the import licence and the amount of the security to be lodged shall be as set out in Annex II, Part I, to that Regulation.

2.

Article 3 is deleted.

Article 8

Bananas

Regulation (EC) No 2014/2005 is amended as follows:

Article 1 is replaced by the following:

‘Article 1

1.   The imports of bananas falling within CN code 0803 00 19 at the common customs tariff rate of duty for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 (41). Licences shall be issued by the Member States to any party applying therefore, irrespective of their place of establishment in the Community.

2.   Import licence applications shall be lodged in any Member State.

3.   The period of validity of the import licence and the amount of the security to be lodged in accordance with Title III of Commission Regulation (EEC) No 2220/85 (42) shall be as set out in Annex II, Part I, to Regulation (EC) No 376/2008.

However, no licences shall be valid after 31 December of the year of issue.

4.   Save in the case of force majeure, the security shall be forfeit in whole or in part if the operation has not been performed or has been performed only partially during that period.

5.   Notwithstanding Article 34(4) of Regulation (EC) No 376/2008, proof of use of the import licence as referred to in Article 32(1)(a) of that Regulation shall be supplied, except in cases of force majeure, within 30 days following the date of expiry of the period of validity of the licence.

Article 9

Sugar

Regulation (EC) No 951/2006 is amended as follows:

1.

In Article 5, paragraph 1 is replaced by the following:

‘1.   The products for which an export licence shall be presented are laid down in Article 1(2)(b) of Commission Regulation (EC) No 376/2008 (43).

The period of validity of the export licence and the amount of the security to be lodged shall be as set out in Annex II, Part II, to that Regulation and shall apply to all cases referred to in Article 1(2)(b) of that Regulation.

2.

In Article 8, paragraphs 1, 2 and 3 are deleted.

3.

Article 10 is replaced by the following:

‘Article 10

The products for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008.

The period of validity of the import licence and the amount of the security to be lodged shall be as set out in Annex II, Part I, to that Regulation and shall apply to all cases referred to in Article 1(2)(a) of that Regulation.’

4.

In Article 11, paragraph 2 is replaced by the following:

‘2.   When an application for a licence in respect of the products to which the first subparagraph of paragraph 1 applies relates to quantities not exceeding 10 tonnes, the party concerned may not lodge on the same day and with the same competent authority more than one such application and no more than one licence delivered for quantities not exceeding 10 tonnes can be used for export.’

5.

In Article 12, paragraph 1 is deleted.

Article 10

Olive oil from Tunisia

Regulation (EC) No 1918/2006 is amended as follows:

In Article 3, paragraph 4 is replaced by the following:

‘4.   The import licence shall be valid 60 days from the actual day of its issue, in accordance with Article 22(2) of Regulation (EC) No 376/2008 (44), and the amount of the security shall be EUR 15 per 100 kg net.

Article 11

Garlic

Regulation (EC) No 341/2007 is amended as follows:

1.

In Article 5, paragraph 1 is replaced by the following:

‘1.   The products for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 (45). The period of validity of the import licence and the amount of the security to be lodged shall be as set out in Annex II, Part I, to that Regulation.

2.

In Article 6, paragraph 2 is deleted.

3.

Article 13 is amended as follows:

(a)

paragraph 2 is replaced by the following:

‘2.   Article 6(3) and (4) shall apply mutatis mutandis to “B” licences.’

(b)

paragraph 4 is deleted.

4.

Annex II is deleted.

Article 12

Rice

Regulation (EC) No 1002/2007 is amended as follows:

In Article 3, the second subparagraph of paragraph 2 is replaced by the following:

‘However, the security for products falling within CN codes 1006 20 and 1006 30 may not be less than the one provided for in Article 12(b)(i) of Regulation (EC) No 1342/2003.’

Article 13

Apples

Article 134 of Regulation (EC) No 1580/2007 is amended as follows:

1.

Paragraph 1 is replaced by the following:

‘1.   The imports of apples falling within CN codes 0808 10 80 for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 (46)

2.

Paragraph 4 is replaced by the following:

‘4.   Importers shall lodge with their application a security in accordance with Title III of Regulation (EEC) No 2220/85 guaranteeing compliance with the commitment to import during the term of validity of the import licence.

Except in cases of force majeure, the security shall be forfeited in whole or in part if the import is not carried out, or is carried out only partially, within the period of validity of the import licence.

The period of validity of the import licence and the amount of the security shall be as set out in Annex II, Part I, to Regulation (EC) No 376/2008.’

3.

Paragraph 6 is replaced by the following:

‘6.   Import licences shall be valid only for imports originating in the country indicated.’

Article 14

Beef

Regulation (EC) No 382/2008 is amended as follows:

1.

In Article 2, paragraph 1 is replaced by the following:

‘1.   The products for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 (47). The period of validity of the import licence and the amount of the security to be lodged shall be as set out in Annex II, Part I, to that Regulation.

2.

Articles 3 and 4 are deleted.

3.

In Article 5, paragraph 3 is replaced by the following:

‘3.   In the case of imports under an import tariff quota the following provisions shall apply:

(a)

no application for a licence or certificate shall be accepted unless a security of 5 euros per head of live animals and 12 euros per 100 kilograms net weight for other product has been lodged with the competent body not later than 1 p.m. on the day the application is lodged;

(b)

licences shall be valid from the actual day of issue within the meaning of Article 22(2) of Regulation (EC) No 376/2008 until the end of the third month following that day;

(c)

the body issuing the import licence shall indicate the order number for the quota in the Integrated Tariff of the European Communities (TARIC) in box 20 of the licence or extracts thereof.’

Article 15

Transitional provision

1.   This Regulation does not affect the period of validity and the amount of the security of the licence applicable in the framework of tariff quota periods which have not expired on the date of application of this Regulation as provided in Article 17.

2.   At the request of the interested parties, the securities lodged for the issuing of import and export licenses and advance-fixing certificates, shall be released, when the following conditions are met:

(a)

the validity of the licenses or certificates has not expired on the date referred to in paragraph 1;

(b)

the licenses or certificates are no longer required for the products concerned from the date referred to in paragraph 1;

(c)

the licenses or certificates have been used only partially or not at all on the date referred to in paragraph 1.

Article 16

Final provision

Regulation (EEC) No 1119/79 is repealed.

Article 17

Entry into force and application

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

However, it shall apply:

(a)

as regards the cereals, flax and hemp, olive oil, fruits and vegetables fresh or processed, seeds, beef and veal, sheepmeat and goatmeat, pig meat, milk and milk products, eggs, poultry meat, ethyl alcohol of agricultural origin and other product sectors, other than rice, sugar and wine sectors, from 1 July 2008;

(b)

as regards the wine sector, from 1 August 2008;

(c)

as regards the rice sector, from 1 September 2008;

(d)

as regards the sugar sector, from 1 October 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 June 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission


(1)  OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 1781/2006 (OJ L 363, 20.12.2006, p. 1).

(2)  OJ L 299, 16.11.2007, p. 1. Regulation as last amended by Regulation (EC) No 248/2007 (OJ L 76, 19.3.2008, p. 6).

(3)  OJ L 114, 26.4.2008, p. 3.

(4)  OJ L 350, 31.12.2007, p. 1. Regulation as amended by Regulation (EC) No 292/2008 (OJ L 90, 2.4.2008, p. 3).

(5)  OJ L 324, 10.12.2005, p. 3.

(6)  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).

(7)  OJ L 35, 6.2.2001, p. 18. Regulation as last amended by Regulation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

(8)  OJ L 341, 22.12.2001, p. 29. Regulation as last amended by Regulation (EC) No 1565/2007 (OJ L 340, 22.12.2007, p. 37).

(9)  OJ L 189, 29.7.2003, p. 12. Regulation as last amended by Regulation (EC) No 1996/2006 (OJ L 398, 30.12.2006, p. 1).

(10)  OJ L 346, 31.12.2003, p. 19.

(11)  OJ L 212, 17.8.2005, p. 13.

(12)  OJ L 178, 1.7.2006, p. 24. Regulation as last amended by Regulation (EC) No 1568/2007 (OJ L 340, 22.12.2007, p. 62).

(13)  OJ L 365, 21.12.2006, p. 84.

(14)  OJ L 90, 30.3.2007, p. 12.

(15)  OJ L 226, 30.8.2007, p. 15.

(16)  OJ L 115, 29.4.2008, p. 10.

(17)  OJ L 139, 7.6.1979, p. 13. Regulation as last amended by Regulation (EEC) No 3886/86 (OJ L 361, 20.12.1986, p. 18).

(18)  OJ L 318, 20.12.1993, p. 18.

(19)  OJ L 299, 16.11.2007, p. 1.

(20)  OJ L 179, 14.7.1999, p. 1.

(21)  OJ L 253, 11.10.1993, p. 1.’

(22)  OJ L 114, 26.4.2008, p. 3.

(23)  OJ L 299, 16.11.2007, p. 1.

(24)  OJ L 238, 1.9.2006, p. 13.’

(25)  OJ L 299, 16.11.2007, p. 1.

(26)  OJ L 253, 11.10.1993, p. 1.’

(27)  OJ L 114, 26.4.2008, p. 3.’

(28)  OJ L 114, 26.4.2008, p. 3.

(29)  OJ L 238, 1.9.2006, p. 13.’

(30)  OJ L 114, 26.4.2008, p. 3.

(31)  OJ L 299, 16.11.2007, p. 1.

(32)  OJ L 238, 1.9.2006, p. 13.

(33)  OJ L 325, 11.12.2007, p. 69.’

(34)  OJ L 253, 11.10.1993, p. 1.’

(35)  OJ L 147, 30.6.1995, p. 55.

(36)  OJ L 336, 23.12.1994, p. 22.’

(37)  OJ L 205, 3.8.1985, p. 5.’

(38)  OJ L 114, 26.4.2008, p. 3.

(39)  OJ L 205, 3.8.1985, p. 5.’

(40)  OJ L 114, 26.4.2008, p. 3.’

(41)  OJ L 114, 26.4.2008, p. 3.

(42)  OJ L 205, 3.8.1985, p. 5.’

(43)  OJ L 114, 26.4.2008, p. 3.’

(44)  OJ L 114, 26.4.2008, p. 3

(45)  OJ L 114, 26.4.2008, p. 3.’

(46)  OJ L 114, 26.4.2008, p. 3.’

(47)  OJ L 114, 26.4.2008, p. 3.’


ANNEX I

‘ANNEX II

PART I

LICENCING OBLIGATION — FOR IMPORTS

List of products referred to in Article 1(2)(a)(i) and ceilings applicable in accordance with Article 4(1)(d)

(listed in the order of Annexes I and II to Regulation (EC) No 1234/2007)

A.   Cereals (Part I of Annex I to Regulation (EC) No 1234/2007)

CN code

Description

Amount of the security

Period of validity

Net quantities (1)

0714 other than subheading 0714 20 10

Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, fresh, chilled, frozen or dried, whether or not sliced or in the form of pellets; sago pith

1 EUR/t

until the end of the second month following the month of the actual day of issue of the licence, in accordance with Article 22(2)

5 000 kg

0714 20 10

Sweet potatoes for human consumption

1 EUR/t

until the end of the second month following the month of the actual day of issue of the licence, in accordance with Article 22(2)

500 kg

1001 10

Durum wheat, including products imported under tariff quotas as referred to in Article 1(2)(a)(iii)

1 EUR/t

until the end of the second month following the month of the actual day of issue of the licence, in accordance with Article 22(2)

5 000 kg

1001 90 99

Spelt, common wheat and meslin other than for sowing, including products imported under tariff quotas as referred to in Article 1(2)(a)(iii)

1 EUR/t

until the end of the second month following the month of the actual day of issue of the licence, in accordance with Article 22(2)

5 000 kg

1003 00

Barley

1 EUR/t

until the end of the second month following the month of the actual day of issue of the licence, in accordance with Article 22(2)

5 000 kg

1005 90 00

Maize other than seed

1 EUR/t

until the end of the second month following the month of the actual day of issue of the licence, in accordance with Article 22(2)

5 000 kg

1007 00 90

Grain sorghum, other than hybrids for sowing

1 EUR/t

until the end of the second month following the month of the actual day of issue of the licence, in accordance with Article 22(2)

5 000 kg

1101 00 15

Flour of common wheat and spelt

1 EUR/t

until the end of the second month following the month of the actual day of issue of the licence, in accordance with Article 22(2)

1 000 kg

2303 10

Residues of starch manufacture and similar residues

1 EUR/t

until the end of the second month following the month of the actual day of issue of the licence, in accordance with Article 22(2)

1 000 kg

2303 30 00

Brewing or distilling dregs and waste

1 EUR/t

until the end of the second month following the month of the actual day of issue of the licence, in accordance with Article 22(2)

1 000 kg

ex 2308 00 40

Citrus pulp residues

1 EUR/t

until the end of the second month following the month of the actual day of issue of the licence, in accordance with Article 22(2)

1 000 kg

2309 90 20

Products referred to in additional note 5 to Chapter 23 of the Combined Nomenclature

1 EUR/t

until the end of the second month following the month of the actual day of issue of the licence, in accordance with Article 22(2)

1 000 kg

(—)

Licence or certificate are required for any quantities.


B.   Rice (Part II of Annex I to Regulation (EC) No 1234/2007)

CN code

Description

Amount of the security

Period of validity

Net quantities (2)

1006 20

Husked (brown) rice, including products imported under tariff quotas as referred to in Article 1(2)(a)(iii)

30 EUR/t

until the end of the second month following the month of the actual day of issue of the licence, in accordance with Article 22(2)

1 000 kg

1006 30

Semi-milled or wholly milled rice, whether or not polished or glazed, including products imported under tariff quotas as referred to in Article 1(2)(a)(iii)

30 EUR/t

until the end of the second month following the month of the actual day of issue of the licence, in accordance with Article 22(2)

1 000 kg

1006 40 00

Broken rice, including products imported under tariff quotas as referred to in Article 1(2)(a)(iii)

1 EUR/t

until the end of the second month following the month of the actual day of issue of the licence, in accordance with Article 22(2)

1 000 kg

(—)

Licence or certificate are required for any quantities.


C.   Sugar (Part III of Annex I to Regulation (EC) No 1234/2007)

CN code

Description

Amount of the security

Period of validity

Net quantities (3)

1701

All products imported under preferential conditions other than tariff quotas

provisions as laid down in Regulation (EC) No 950/2006 and Regulation (EC) No 1100/2006

provisions as laid down in Regulation (EC) No 950/2006 and Regulation (EC) No 1100/2006

(—)

(—)

Licence or certificate are required for any quantities.


D.   Seeds (Part V of Annex I to Regulation (EC) No 1234/2007)

CN code

Description

Amount of the security

Period of validity

Net quantities (4)

ex 1207 99 15

Seeds of varieties of hemp for sowing

 (5)

until the end of the sixth month following the month of the actual day of issue of the licence, in accordance with Article 22(2), save as otherwise provided by the Member States

(—)

(—)

Licence or certificate are required for any quantities.


E.   Olive oil and table olives (Part VII of Annex I to Regulation (EC) No 1234/2007)

CN code

Description

Amount of the security

Period of validity

Net quantities (6)

0709 90 39

Olives, fresh, for the production of oil

100 EUR/t

60 days from the actual day of issue in accordance with Article 22(2)

100 kg

0711 20 90

Olives provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, for the production of oil, including products imported under tariff quotas as referred to in Article 1(2)(a)(iii)

100 EUR/t

60 days from the actual day of issue in accordance with Article 22(2)

100 kg

2306 90 19

Oilcake and other residues resulting from the extraction of olive oil, containing more than 3 % by weight of olive oil

100 EUR/t

60 days from the actual day of issue in accordance with Article 22(2)

100 kg

(—)

Licence or certificate are required for any quantities.


F.   Flax and hemp (Part VIII of Annex I to Regulation (EC) No 1234/2007)

CN code

Description

Amount of the security

Period of validity

Net quantities (7)

5302 10 00

True hemp, raw or retted

 (8)

until the end of the sixth month following the month of the actual day of issue of the licence, in accordance with Article 22(2), save as otherwise provided by the Member States

(—)

(—)

Licence or certificate are required for any quantities.


G.   Fruit and vegetables (Part IX of Annex I to Regulation (EC) No 1234/2007)

CN code

Description

Amount of the security

Period of validity

Net quantities (9)

0703 20 00

Garlic, fresh or chilled, including products imported under tariff quotas as referred to in Article 1(2)(a)(iii)

50 EUR/t

3 months from the day of issue in accordance with Article 22(1)

(—)

ex 0703 90 00

Other alliaceous vegetables, fresh or chilled, including products imported under tariff quotas as referred to in Article 1(2)(a)(iii)

50 EUR/t

3 months from the day of issue in accordance with Article 22(1)

(—)

0808 10 80

Apples, other

15 EUR/t

3 months from the day of issue in accordance with Article 22(1)

(—)

(—)

Licence or certificate are required for any quantities.


H.   Processed fruit and vegetable products (Part X of Annex I to Regulation (EC) No 1234/2007)

CN code

Description

Amount of the security

Period of validity

Net quantities (10)

ex 0710 80 95

Garlic (11) and Allium ampeloprasum (uncooked or cooked by steaming or boiling in water), frozen, including products imported under tariff quotas as referred to in Article 1(2)(a)(iii)

50 EUR/t

3 months from the day of issue in accordance with Article 22(1)

(—)

ex 0710 90 00

Mixtures of vegetables containing garlic (11) and/or Allium ampeloprasum (uncooked or cooked by steaming or boiling in water), frozen, including products imported under tariff quotas as referred to in Article 1(2)(a)(iii)

50 EUR/t

3 months from the day of issue in accordance with Article 22(1)

(—)

ex 0711 90 80

Garlic (11) and Allium ampeloprasum provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in this state for immediate consumption, including products imported under tariff quotas as referred to in Article 1(2)(a)(iii)

50 EUR/t

3 months from the day of issue in accordance with Article 22(1)

(—)

ex 0711 90 90

Mixtures of vegetables containing garlic (11) and/or Allium ampeloprasum, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in this state for immediate consumption, including products imported under tariff quotas as referred to in Article 1(2)(a)(iii)

50 EUR/t

3 months from the day of issue in accordance with Article 22(1)

(—)

ex 0712 90 90

Dried garlic (11) and Allium ampeloprasum and mixtures of dried vegetables containing garlic (11) and/or Allium ampeloprasum, whole, cut, sliced, broken or in powder, but not further prepared, including products imported under tariff quotas as referred to in Article 1(2)(a)(iii)

50 EUR/t

3 months from the day of issue in accordance with Article 22(1)

(—)

(—)

Licence or certificate are required for any quantities.


I.   Bananas (Part XI of Annex I to Regulation (EC) No 1234/2007)

CN code

Description

Amount of the security

Period of validity

Net quantities (12)

0803 00 19

Bananas, fresh imported under common customs tariff rate of duty

15 EUR/t

until the end of the month following the month of the day of issue of the licence, in accordance with Article 22(1)

(—)

(—)

Licence or certificate are required for any quantities.


J.   Beef and veal (Part XV of Annex I to Regulation (EC) No 1234/2007)

CN code

Description

Amount of the security

Period of validity

Net quantities (13)

0102 90 05 to 0102 90 79

All products imported under preferential conditions other than tariff quotas

5 euros per head

until the end of the third month following the month of the day of issue of the licence, in accordance with Article 22(1)

(—)

0201 and 0202

All products imported under preferential conditions other than tariff quotas

12 euros per 100 kg net weight

until the end of the third month following the month of the day of issue of the licence, in accordance with Article 22(1)

(—)

0206 10 95 and 0206 29 91

All products imported under preferential conditions other than tariff quotas

12 euros per 100 kg net weight

until the end of the third month following the month of the day of issue of the licence, in accordance with Article 22(1)

(—)

1602 50 10, 1602 50 31 and 1602 50 95

All products imported under preferential conditions other than tariff quotas

12 euros per 100 kg net weight

until the end of the third month following the month of the day of issue of the licence, in accordance with Article 22(1)

(—)

1602 90 61 and 1602 90 69

All products imported under preferential conditions other than tariff quotas

12 euros per 100 kg net weight

until the end of the third month following the month of the day of issue of the licence, in accordance with Article 22(1)

(—)

(—)

Licence or certificate are required for any quantities.


K.   Milk and milk products (Part XVI of Annex I to Regulation (EC) No 1234/2007)

CN code

Description

Amount of the security

Period of validity

Net quantities (14)

ex Chapters 04, 17, 21 and 23

All milk and milk products, imported under preferential conditions other than tariff quotas and with the exception of Cheese and curd (CN code 0406) originating in, Switzerland, imported without licence, as follows:

 

 

 

0401

Milk and cream, not concentrated nor containing added sugar or other sweetening matter

10 EUR/100 kg

until the end of the third month following the month of the day of issue of the licence, in accordance with Article 22(1)

(—)

0402

Milk and cream, concentrated or containing added sugar or other sweetening matter

10 EUR/100 kg

until the end of the third month following the month of the day of issue of the licence, in accordance with Article 22(1)

(—)

0403 10 11 to 0403 10 39

0403 90 11 to 0403 90 69

Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter not flavoured nor containing added fruit, nuts or cocoa

10 EUR/100 kg

until the end of the third month following the month of the day of issue of the licence, in accordance with Article 22(1)

(—)

0404

Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included

10 EUR/100 kg

until the end of the third month following the month of the day of issue of the licence, in accordance with Article 22(1)

(—)

ex 0405

Butter and other fats and oils derived from milk; dairy spreads of a fat content of more than 75 % but less than 80 %

10 EUR/100 kg

until the end of the third month following the month of the day of issue of the licence, in accordance with Article 22(1)

(—)

0406

Cheese and curd, with the exception of Cheese and curd originating in Switzerland, imported without licence

10 EUR/100 kg

until the end of the third month following the month of the day of issue of the licence, in accordance with Article 22(1)

(—)

1702 19 00

Lactose and lactose syrup not containing added flavouring or colouring matter, containing by weight less than 99 % lactose, expressed as anhydrous lactose, calculated on the dry matter

10 EUR/100 kg

until the end of the third month following the month of the day of issue of the licence, in accordance with Article 22(1)

(—)

2106 90 51

Flavoured or coloured lactose syrup

10 EUR/100 kg

until the end of the third month following the month of the day of issue of the licence, in accordance with Article 22(1)

(—)

ex 2309

Preparations of a kind used in animal feeding:

Preparations and feedingstuffs containing products to which Regulation (EC) No 1234/2007 applies, directly or by virtue of Regulation (EC) No 1667/2006, except preparations and feedingstuffs falling under Part I of Annex I to that Regulation

10 EUR/100 kg

until the end of the third month following the month of the day of issue of the licence, in accordance with Article 22(1)

(—)

(—)

Licence or certificate are required for any quantities.


L.   Other products (Part XXI of Annex I to Regulation (EC) No 1234/2007)

CN code

Description

Amount of the security

Period of validity

Net quantities (15)

1207 99 91

Hempseeds other than for sowing

 (16)

until the end of the sixth month following the month of the actual day of issue in accordance with Article 22(2), save as otherwise provided by the Member States

(—)

(—)

Licence or certificate are required for any quantities.


M.   Ethyl alcohol of agricultural origin (Part I of Annex II to Regulation (EC) No 1234/2007)

CN code

Description

Amount of the security

Period of validity

Net quantities (17)

ex 2207 10 00

Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher, obtained from the agricultural products listed in Annex I to the Treaty

EUR 1 per hectoliter

until the end of the fourth month following the month of the day of issue of the licence, in accordance with Article 22(1)

100 hl

ex 2207 20 00

Ethyl alcohol and other spirits, denatured, of any strength, obtained from the agricultural products listed in Annex I to the Treaty

EUR 1 per hectoliter

until the end of the fourth month following the month of the day of issue of the licence, in accordance with Article 22(1)

100 hl

ex 2208 90 91

Undenatured ethyl alcohol of alcoholic strength by volume of less than 80 % vol., obtained from the agricultural products listed in Annex I to the Treaty

EUR 1 per hectoliter

until the end of the fourth month following the month of the day of issue of the licence, in accordance with Article 22(1)

100 hl

ex 2208 90 99

Undenatured ethyl alcohol of alcoholic strength by volume of less than 80 % vol., obtained from the agricultural products listed in Annex I to the Treaty

EUR 1 per hectoliter

until the end of the fourth month following the month of the day of issue of the licence, in accordance with Article 22(1)

100 hl

(—)

Licence or certificate are required for any quantities.

PART II

LICENCING OBLIGATION — FOR EXPORTS WITHOUT REFUNDS AND FOR PRODUCTS FOR WHICH ON THE DAY OF SUBMISSION, NO EXPORT TAX HAS BEEN FIXED

List of products referred to in Article 1(2)(b)(i) and ceilings applicable in accordance with Article 4(1)(d)

(listed in the order of Annexes I and II to Regulation (EC) No 1234/2007)

A.   Cereals (Part I of Annex to Regulation (EC) No 1234/2007)  (18)

CN code

Description

Amount of the security

Period of validity

Net quantities (19)

1001 10

Durum wheat

3 EUR/t

until the end of the fourth month following the month of the day of issue of the licence, in accordance with Article 22(1)

5 000 kg

1001 90 99

Spelt, common wheat and meslin other than for sowing

3 EUR/t

until the end of the fourth month following the month of the day of issue of the licence, in accordance with Article 22(1)

5 000 kg

1002 00 00

Rye

3 EUR/t

until the end of the fourth month following the month of the day of issue of the licence, in accordance with Article 22(1)

5 000 kg

1003 00

Barley

3 EUR/t

until the end of the fourth month following the month of the day of issue of the licence, in accordance with Article 22(1)

5 000 kg

1004 00

Oats

3 EUR/t

until the end of the fourth month following the month of the day of issue of the licence, in accordance with Article 22(1)

5 000 kg

1005 90 00

Maize other than seed

3 EUR/t

until the end of the fourth month following the month of the day of issue of the licence, in accordance with Article 22(1)

5 000 kg

1101 00 15

Flour of common wheat and spelt

3 EUR/t

until the end of the fourth month following the month of the day of issue of the licence, in accordance with Article 22(1)

500 kg

(—)

Licence or certificate are required for any quantities.


B.   Rice (Part II of Annex I to Regulation (EC) No 1234/2007)

CN code

Description

Amount of the security

Period of validity

Net quantities (20)

1006 20

Husked (brown) rice

3 EUR/t

until the end of the fourth month following the month of the day of issue of the licence, in accordance with Article 22(1)

500 kg

1006 30

Semi-milled or wholly milled rice, whether or not polished or glazed

3 EUR/t

until the end of the fourth month following the month of the day of issue of the licence, in accordance with Article 22(1)

500 kg

(—)

Licence or certificate are required for any quantities.


C.   Sugar (Part III of Annex I to Regulation (EC) No 1234/2007)

CN code

Description

Amount of the security

Period of validity

Net quantities (21)

1701

Cane or beet sugar and chemically pure sucrose, in solid form

11 EUR/100 kg

for quantities exceeding 10 t, until the end of the third month following the month of the actual day of issue, in accordance with Article 22(2)

for quantities not exceeding 10 t, until the end of the third month following the month of the day of issue, in accordance with Article 22(1) (22)

2 000 kg

1702 60 95

1702 90 95

Other sugars in solid form and sugar syrups, not containing added flavouring or

colouring matter, but not including lactose, glucose, maltodextrine and isoglucose

4,2 EUR/100 kg

for quantities exceeding 10 t, until the end of the third month following the month of the actual day of issue, in accordance with Article 22(2)

for quantities not exceeding 10 t, until the end of the third month following the month of the day of issue, in accordance with Article 22(1) (22)

2 000 kg

2106 90 59

Flavoured or coloured sugar syrups, other than isoglucose, lactose, glucose and maltodextrine syrups

4,2 EUR/100 kg

for quantities exceeding 10 t, until the end of the third month following the month of the actual day of issue, in accordance with Article 22(2)

for quantities not exceeding 10 t, until the end of the third month following the month of the day of issue, in accordance with Article 22(1) (22)

2 000 kg

(—)

Licence or certificate are required for any quantities.

PART III

CEILINGS FOR EXPORT LICENCES WITH REFUND

Maximum quantities for which no export licence or certificate needs to be presented, pursuant to Article 4(1)(d)

Description and CN codes

Net quantity (23)

A.   

CEREALS:

For every product, listed in Annex I, Part I of Council Regulation (EC) No 1234/2007,

5 000 kg

with the exception of subheading

0714 20 10, and 2302 50

(—)

1101 00 15

500 kg

B.   

RICE:

For every product, listed in Annex I, Part II of Council Regulation (EC) No 1234/2007

500 kg

C.   

SUGAR:

For every product, listed in Annex I, Part III of Council Regulation (EC) No 1234/2007

2 000 kg

D.   

MILK AND MILK PRODUCTS:

For every product, listed in Annex I, Part XVI of Council Regulation (EC) No 1234/2007

150 kg

E.   

BEEF AND VEAL:

For live animals, listed in Annex I, Part XV of Council Regulation (EC) No 1234/2007,

One animal

For meat, listed in Annex I, Part XV of Council Regulation (EC) No 1234/2007,

200 kg

G.   

PIGMEAT:

0203

1601

1602

250 kg

0210

150 kg

H.   

POULTRYMEAT:

0105 11 11 9000

0105 11 19 9000

0105 11 91 9000

0105 11 99 9000

4 000 chicks

0105 12 00 9000

0105 19 20 9000

2 000 chicks

0207

250 kg

I.   

EGGS:

0407 00 11 9000

2 000 eggs

0407 00 19 9000

4 000 eggs

0407 00 30 9000

400 kg

0408 11 80 9100

0408 91 80 9100

100 kg

0408 19 81 9100

0408 19 89 9100

0408 99 80 9100

250 kg

(—)

Licence or certificate are required for any quantities.’


(1)  Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). These limitations do not apply for imports under preferential conditions or under tariff quota.

(—)

Licence or certificate are required for any quantities.

(2)  Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). These limitations do not apply for imports under preferential conditions or under tariff quota.

(—)

Licence or certificate are required for any quantities.

(3)  Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). These limitations do not apply for imports under preferential conditions or under tariff quota.

(—)

Licence or certificate are required for any quantities.

(4)  Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). These limitations do not apply for imports under preferential conditions or under tariff quota.

(5)  No security is required. See other conditions in paragraph 1 of Article 17a of Regulation (EC) No 245/2001.

(—)

Licence or certificate are required for any quantities.

(6)  Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). These limitations do not apply for imports under preferential conditions or under tariff quota.

(—)

Licence or certificate are required for any quantities.

(7)  Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). These limitations do not apply for imports under preferential conditions or under tariff quota.

(8)  No security is required. See other conditions in paragraph 1 of Article 17a of Regulation (EC) No 245/2001.

(—)

Licence or certificate are required for any quantities.

(9)  Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). These limitations do not apply for imports under preferential conditions or under tariff quota.

(—)

Licence or certificate are required for any quantities.

(10)  Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). These limitations do not apply for imports under preferential conditions or under tariff quota.

(11)  This shall also include products where the word “garlic” is only part of the description. Such terms may include, but are not limited to “solo garlic”, “elephant garlic”, “single clove garlic” or “great-headed garlic”.

(—)

Licence or certificate are required for any quantities.

(12)  Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). These limitations do not apply for imports under preferential conditions or under tariff quota.

(—)

Licence or certificate are required for any quantities.

(13)  Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). These limitations do not apply for imports under preferential conditions or under tariff quota.

(—)

Licence or certificate are required for any quantities.

(14)  Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). These limitations do not apply for imports under preferential conditions or under tariff quota.

(—)

Licence or certificate are required for any quantities.

(15)  Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). These limitations do not apply for imports under preferential conditions or under tariff quota.

(16)  No security is required. See other conditions in paragraph 1 of Article 17a of Regulation (EC) No 245/2001.

(—)

Licence or certificate are required for any quantities.

(17)  Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). These limitations do not apply for imports under preferential conditions or under tariff quota.

(—)

Licence or certificate are required for any quantities.

(18)  Save as otherwise provided in Regulation (EC) No 1342/2003.

(19)  Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). These limitations do not apply for exports under preferential conditions, under tariff quota or when an export tax has been fixed.

(—)

Licence or certificate are required for any quantities.

(20)  Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). These limitations do not apply for exports under preferential conditions, under tariff quota or when an export tax has been fixed.

(—)

Licence or certificate are required for any quantities.

(21)  Maximum quantities for which no licence or certificate needs to be presented, pursuant to Article 4(1)(d). These limitations do not apply for imports under preferential conditions or under tariff quota.

(22)  For quantities not exceeding 10 t, the party concerned may not use more than one such licence for the same export.

(—)

Licence or certificate are required for any quantities.

(23)  These limitations shall not apply for exports under preferential conditions, under tariff quota or when an export tax has been fixed.

(—)

Licence or certificate are required for any quantities.’


ANNEX II

‘ANNEX X

Entries referred to in Article 6(5)

:

in Bulgarian

:

специален срок на валидност, както е предвидено в член 6 от Регламент (ЕО) № 1342/2003

:

in Spanish

:

período especial de validez conforme a lo dispuesto en el artículo 6 del Reglamento (CE) no 1342/2003

:

in Czech

:

zvláštní doba platnosti stanovená v článku 6 nařízení (ES) č. 1342/2003

:

in Danish

:

Særlig gyldighedsperiode, jf. artikel 6 i forordning (EF) nr. 1342/2003.

:

in German

:

besondere Gültigkeitsdauer gemäß Artikel 6 der Verordnung (EG) Nr. 1342/2003

:

in Estonian

:

erikehtivusaeg ajavahemik vastavalt määruse (EÜ) nr 1342/2003 artiklile 6

:

in Greek

:

Ειδική περίοδος ισχύος όπως προβλέπεται στο άρθρο 6 του κανονισμού (ΕΚ) αριθ. 1342/2003

:

in English

:

special period of validity as provided for in Article 6 of Regulation (EC) No 1342/2003

:

in French

:

durées particulières de validité prévues à l’article 6 du règlement (CE) no 1342/2003

:

in Italian

:

periodo di validità particolare di cui all'articolo 6 del regolamento (CE) n. 1342/2003

:

in Latvian

:

Regulas (EK) Nr. 1342/2003 6. pantā paredzētais īpašais derīguma termiņš

:

in Lithuanian

:

specialus galiojimo terminas, kaip nustatyta Reglamento (EB) Nr. 1342/2003 6 straipsnyje

:

in Hungarian

:

az 1342/2003/EK rendelet 6. cikke szerinti speciális érvényességi idő

:

in Maltese

:

perjodu ta’ validità speċjali kif ipprovdut fl-Artikolu 6 tar-Regolament (KE) Nru 1342/2003

:

in Dutch

:

Bijzondere geldigheidsduur als bedoeld in artikel 6 van Verordening (EG) nr. 1342/2003

:

in Polish

:

szczególny okres ważności przewidziany w art. 6 rozporządzenia (WE) nr 1342/2003

:

in Portuguese

:

período de eficácia especial conforme previsto no artigo 6.o do Regulamento (CE) n.o 1342/2003

:

in Romanian

:

perioadă de valabilitate specială, în conformitate cu articolul 6 din Regulamentul (CE) nr. 1342/2003

:

in Slovak

:

osobitné obdobie platnosti podľa ustanovenia článku 6 nariadenia (ES) č. 1342/2003

:

in Slovenian

:

posebno obdobje veljavnosti, kot je določeno v členu 6 Uredbe (ES) št. 1342/2003

:

in Finnish

:

Asetuksen (EY) N:o 1342/2003 6 artiklan mukainen erityinen voimassaolo aika

:

in Swedish

:

särskild giltighetstid enligt artikel 6 i förordning (EG) nr 1342/2003’


DIRECTIVES

10.6.2008   

EN

Official Journal of the European Union

L 150/28


COUNCIL DIRECTIVE 2008/55/EC

of 26 May 2008

on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures

(Codified version)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 93 and 94 thereof,

Having regard to the proposal from the Commission,

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

Having regard to the opinion of the European Economic and Social Committee (2),

Whereas:

(1)

Council Directive 76/308/EEC of 15 March 1976 on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

(2)

The fact that national provisions relating to recovery are applicable only within national territories is in itself an obstacle to the functioning of the internal market. This situation prevents Community rules from being fully and fairly applied, particularly in the area of the common agricultural policy, and facilitates fraudulent operations.

(3)

It is necessary to meet the threat to the financial interests of the Community and the Member States and to the internal market posed by the development of fraud so as to safeguard better the competitiveness and fiscal neutrality of the internal market.

(4)

It is therefore necessary to adopt common rules on mutual assistance for recovery.

(5)

These rules should apply to the recovery of claims resulting from the various measures which form part of the system of total or partial financing of the European Agricultural Guarantee Fund and the European Agricultural Fund for Rural Development, to the recovery of levies and other duties and import and export duties, valued added tax and harmonised excise duties (manufactured tobacco, alcohol and alcoholic beverages and mineral oils), as well as of taxes on income, on capital and on insurance premiums. They should also apply to the recovery of interest, administrative penalties and fines, with the exclusion of any sanction of a criminal nature, and costs incidental to such claims.

(6)

Mutual assistance should consist of the following: the requested authority should on the one hand supply the applicant authority with the information which the latter needs in order to recover claims arising in the Member State in which it is situated and notify the debtor of all instruments relating to such claims emanating from that Member State, and on the other hand it should recover, at the request of the applicant authority, the claims arising in the Member State in which the latter is situated.

(7)

These different forms of assistance should be afforded by the requested authority in compliance with the laws, regulations and administrative provisions governing such matters in the Member State in which it is situated.

(8)

It is necessary to lay down the conditions in accordance with which requests for assistance must be drawn up by the applicant authority and to give a limitative definition of the particular circumstances in which the requested authority may refuse assistance in any given case.

(9)

In order to permit more efficient and effective recovery of claims in respect of which a request for recovery has been made, the instrument permitting enforcement of the claim should, in principle, be treated as an instrument of the Member State in which the requested authority is situated.

(10)

When the requested authority is required to act on behalf of the applicant authority to recover a claim, it should be able, if the provisions in force in the Member State in which it is situated so permit and with the agreement of the applicant authority, to allow the debtor time to pay or authorise payment by instalment. Any interest charged on such payment facilities should also be remitted to the Member State in which the applicant authority is situated.

(11)

Upon a reasoned request from the applicant authority, the requested authority should also be able, in so far as the provisions in force in the Member State in which it is situated so permit, to take precautionary measures to guarantee the recovery of claims arising in the applicant Member State. Such claims should not necessarily benefit from the privileges accorded to similar claims arising in the Member State in which the requested authority is situated.

(12)

During the recovery procedure in the Member State in which the requested authority is situated the claim or the instrument authorising its enforcement issued in the Member State in which the applicant authority is situated may be contested by the person concerned. It should be laid down in such cases that the person concerned must bring the action contesting the claim before the competent body of the Member State in which the applicant authority is situated and that the requested authority must suspend, unless the applicant authority requests otherwise, any enforcement proceedings which it has begun until a decision is taken by the aforementioned body.

(13)

It should be laid down that documents and information communicated in the course of mutual assistance for recovery may not be used for other purposes.

(14)

The use of mutual assistance for recovery cannot, save in exceptional circumstances, be based on financial benefits or an interest in the results obtained, but Member States should be able to agree the reimbursement arrangements when recovery poses a specific problem.

(15)

This Directive should not curtail mutual assistance between particular Member States under bilateral or multilateral agreements or arrangements.

(16)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

(17)

This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex I, Part C,

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive lays down the rules to be incorporated into the laws, regulations and administrative provisions of the Member States to ensure the recovery in each Member State of the claims referred to in Article 2 which arise in another Member State.

Article 2

This Directive shall apply to all claims relating to:

(a)

refunds, interventions and other measures forming part of the system of total or partial financing of the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD), including sums to be collected in connection with these actions;

(b)

levies and other duties provided for under the common organisation of the market for the sugar sector;

(c)

import duties;

(d)

export duties;

(e)

value added tax;

(f)

excise duties on:

(i)

manufactured tobacco,

(ii)

alcohol and alcoholic beverages,

(iii)

mineral oils;

(g)

taxes on income and capital;

(h)

taxes on insurance premiums;

(i)

interest, administrative penalties and fines, and costs incidental to the claims referred to in points (a) to (h), with the exclusion of any sanction of a criminal nature as determined by the laws in force in the Member State in which the requested authority is situated.

It shall also apply to claims relating to taxes which are identical or analogous to the taxes on insurance premiums referred to in Article 3(6) which supplement or replace them. The competent authorities of the Member States shall communicate to each other and to the Commission the dates of entry into force of such taxes.

Article 3

For the purposes of this Directive:

1.

‘applicant authority’ means the competent authority of a Member State which makes a request for assistance concerning a claim referred to in Article 2;

2.

‘requested authority’ means the competent authority of a Member State to which a request for assistance is made;

3.

‘import duties’ means customs duties and charges having equivalent effect on imports, and import charges laid down within the framework of the common agricultural policy or in that of specific arrangements applicable to certain goods resulting from the processing of agricultural products;

4.

‘export duties’ means customs duties and charges having equivalent effect on exports, and export charges laid down within the framework of the common agricultural policy or in that of specific arrangements applicable to certain goods resulting from the processing of agricultural products;

5.

‘taxes on income and capital’ means those enumerated in Article 1(3) of Council Directive (77/799/EEC) of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation and taxation of insurance premiums (6), read in conjunction with Article 1(4) of that Directive;

6.

‘taxes on insurance premiums’ means:

(a)

:

in Belgium

:

(i)

taxe annuelle sur les contrats d’assurance,

(ii)

jaarlijkse taks op de verzekeringscontracten;

(b)

:

in Denmark

:

(i)

afgift af lystfartøjsforsikringer,

(ii)

afgift af ansvarsforsikringer for motorkøretøjer m.v.,

(iii)

stempelafgift af forsikringspræmier;

(c)

:

in Germany

:

(i)

Versicherungssteuer,

(ii)

Feuerschutzsteuer;

(d)

:

in Greece

:

(i)

Φòρος κύκλου εργασιών (Φ.Κ.Ε),

(ii)

Τέλη Χαρτοσήμου;

(e)

:

in Spain

:

Impuesto sobre las primas de seguros;

(f)

:

in France

:

taxe sur les conventions d’assurances;

(g)

:

in Ireland

:

levy on insurance premiums;

(h)

:

in Italy

:

imposte sulle assicurazioni private ed i contratti vitalizi di cui alla legge 29.10.1967 No 1216;

(i)

:

in Luxembourg

:

(i)

impôt sur les assurances,

(ii)

impôt dans l’interêt du service d’incendie;

(j)

:

in Malta

:

taxxa fuq dokumenti u trasferimenti;

(k)

:

in the Netherlands

:

assurantiebelasting;

(l)

:

in Austria

:

(i)

Versicherungssteuer,

(ii)

Feuerschutzsteuer;

(m)

:

in Portugal

:

imposto de selo sobre os prémios de seguros;

(n)

:

in Slovenia

:

(i)

davek od promenta zavarovalnih poslov,

(ii)

požarna taksa;

(o)

:

in Finland

:

(i)

eräistä vakuutusmaksuista suoritettava vero/skatt på vissa försäkringspremier,

(ii)

palosuojelumaksu/brandskyddsavgift;

(p)

:

in the United Kingdom

:

insurance premium tax (IPT).

Article 4

1.   At the request of the applicant authority, the requested authority shall provide any information which would be useful to the applicant authority in the recovery of its claim.

In order to obtain this information, the requested authority shall make use of the powers provided under the laws, regulations or administrative provisions applying to the recovery of similar claims arising in the Member State where that authority is situated.

2.   The request for information shall indicate the name and address of the person to whom the information to be provided relates and any other relevant information relating to the identification to which the applicant authority normally has access and the nature and amount of the claim in respect of which the request is made.

3.   The requested authority shall not be obliged to supply information:

(a)

which it would not be able to obtain for the purpose of recovering similar claims arising in the Member State in which it is situated;

(b)

which would disclose any commercial, industrial or professional secrets; or

(c)

the disclosure of which would be liable to prejudice the security of or be contrary to the public policy of the State.

4.   The requested authority shall inform the applicant authority of the grounds for refusing a request for information.

Article 5

1.   The requested authority shall, at the request of the applicant authority, and in accordance with the rules of law in force for the notification of similar instruments or decisions in the Member State in which the requested authority is situated, notify to the addressee all instruments and decisions, including those of a judicial nature, which emanate from the Member State in which the applicant authority is situated and which relate to a claim and/or to its recovery.

2.   The request for notification shall indicate the name and address of the addressee concerned and any other relevant information relating to the identification to which the applicant authority normally has access, the nature and the subject of the instrument or decision to be notified, if necessary the name, and address of the debtor and any other relevant information relating to the identification to which the applicant authority normally has access and the claim to which the instrument or decision relates, and any other useful information.

3.   The requested authority shall promptly inform the applicant authority of the action taken on its request for notification and, more especially, of the date on which the instrument or decision was forwarded to the addressee.

Article 6

At the request of the applicant authority, the requested authority shall, in accordance with the laws, regulations or administrative provisions applying to the recovery of similar claims arising in the Member State in which the requested authority is situated, recover claims which are the subject of an instrument permitting their enforcement.

For this purpose any claim in respect of which a request for recovery has been made shall be treated as a claim of the Member State in which the requested authority is situated, except where Article 12 applies.

Article 7

1.   The request for recovery of a claim which the applicant authority addresses to the requested authority shall be accompanied by an official or certified copy of the instrument permitting its enforcement, issued in the Member State in which the applicant authority is situated and, if appropriate, by the original or a certified copy of other documents necessary for recovery.

2.   The applicant authority may not make a request for recovery unless:

(a)

the claim and/or the instrument permitting its enforcement are not contested in the Member State in which it is situated, except in cases where the second subparagraph of Article 12(2) applies;

(b)

it has, in the Member State in which it is situated, applied appropriate recovery procedures available to it on the basis of the instrument referred to in paragraph 1, and the measures taken will not result in the payment in full of the claim.

3.   The request for recovery shall indicate:

(a)

the name, address and any other relevant information relating to the identification of the person concerned and/or to the third party holding his or her assets;

(b)

the name, address and any other relevant information relating to the identification of the applicant authority;

(c)

a reference to the instrument permitting its enforcement issued in the Member State in which the applicant authority is situated;

(d)

the nature and the amount of the claim, including the principal, the interest, and any other penalties, fines and costs due indicated in the currencies of the Member States in which both authorities are situated;

(e)

the date of notification of the instrument to the addressee by the applicant authority and/or by the requested authority;

(f)

the date from which and the period during which enforcement is possible under the laws in force in the Member State in which the applicant authority is situated;

(g)

any other relevant information.

The request for recovery shall also contain a declaration by the applicant authority confirming that the conditions set out in paragraph 2 have been fulfilled.

4.   As soon as any relevant information relating to the matter which gave rise to the request for recovery comes to the knowledge of the applicant authority it shall forward it to the requested authority.

Article 8

The instrument permitting enforcement of the claim shall be directly recognised and automatically treated as an instrument permitting enforcement of a claim of the Member State in which the requested authority is situated.

Notwithstanding the first paragraph, the instrument permitting enforcement of the claim may, where appropriate and in accordance with the provisions in force in the Member State in which the requested authority is situated, be accepted as, recognised as, supplemented with, or replaced by an instrument authorising enforcement in the territory of that Member State.

Within three months of the date of receipt of the request for recovery, Member States shall endeavour to complete such acceptance, recognition, supplementing or replacement, except in cases referred to in the fourth paragraph. These formalities may not be refused if the instrument permitting enforcement is properly drawn up. The requested authority shall inform the applicant authority of the grounds for exceeding the period of three months.

If any of these formalities should give rise to contestation in connection with the claim or the instrument permitting enforcement issued by the applicant authority, Article 12 shall apply.

Article 9

1.   Claims shall be recovered in the currency of the Member State in which the requested authority is situated. The entire amount of the claim that is recovered by the requested authority shall be remitted by the requested authority to the applicant authority.

2.   The requested authority may, where the laws, regulations or administrative provisions in force in the Member State in which it is situated so permit, and after consultations with the applicant authority, allow the debtor time to pay or authorise payment by instalment. Any interest charged by the requested authority in respect of such extra time to pay shall also be remitted to the Member State in which the applicant authority is situated.

From the date on which the instrument permitting enforcement of recovery of the claim has been directly recognised in accordance with the first paragraph of Article 8 or accepted, recognised, supplemented or replaced in accordance with the second paragraph of Article 8, interest will be charged for late payment under the laws, regulations and administrative provisions in force in the Member State in which the requested authority is situated and shall also be remitted to the Member State in which the applicant authority is situated.

Article 10

Notwithstanding the second paragraph of Article 6, the claims to be recovered shall not necessarily benefit from the privileges accorded to similar claims arising in the Member State in which the requested authority is situated.

Article 11

The requested authority shall inform the applicant authority immediately of the action it has taken on the request for recovery.

Article 12

1.   If, in the course of the recovery procedure, the claim and/or the instrument permitting its enforcement issued in the Member State in which the applicant authority is situated are contested by an interested party, the action shall be brought by the latter before the competent body of the Member State in which the applicant authority is situated, in accordance with the laws in force there. This action shall be notified by the applicant authority to the requested authority. The party concerned may also notify the requested authority of the action.

2.   As soon as the requested authority has received the notification referred to in paragraph 1 either from the applicant authority or from the interested party, it shall suspend the enforcement procedure pending the decision of the body competent in the matter, unless the applicant authority requests otherwise in accordance with the second subparagraph of this paragraph. Should the requested authority deem it necessary, and without prejudice to Article 13, that authority may take precautionary measures to guarantee recovery in so far as the laws or regulations in force in the Member State in which it is situated allow such action for similar claims.

The applicant authority may, in accordance with the law, regulations and administrative practices in force in the Member State in which it is situated, request the requested authority to recover a contested claim, in so far as the relevant laws, regulations and administrative practices in force in the Member State in which the requested authority is situated allow such action. If the result of contestation is subsequently favourable to the debtor, the applicant authority shall be liable for the reimbursement of any sums recovered, together with any compensation due, in accordance with the laws in force in the Member State in which the requested authority is situated.

3.   Where it is the enforcement measures taken in the Member State in which the requested authority is situated that are being contested the action shall be brought before the competent body of that Member State in accordance with its laws and regulations.

4.   Where the competent body before which the action has been brought in accordance with paragraph 1 is a judicial or administrative tribunal, the decision of that tribunal, in so far as it is favourable to the applicant authority and permits recovery of the claim in the Member State in which the applicant authority is situated, shall constitute the ‘instrument permitting enforcement’ referred to in Articles 6, 7 and 8 and the recovery of the claim shall proceed on the basis of that decision.

Article 13

On a reasoned request by the applicant authority, the requested authority shall take precautionary measures to ensure recovery of a claim in so far as the laws or regulations in force in the Member State in which it is situated so permit.

In order to give effect to the provisions of the first paragraph, Articles 6, 7(1), (3) and (4), 8, 11, 12 and 14 shall apply mutatis mutandis.

Article 14

The requested authority shall not be obliged:

(a)

to grant the assistance provided for in Articles 6 to 13 if recovery of the claim would, because of the situation of the debtor, create serious economic or social difficulties in the Member State in which that authority is situated, in so far as the laws, regulations and administrative practices in force in the Member State in which the requested authority is situated allow such action for similar national claims;

(b)

to grant the assistance provided for in Articles 4 to 13, if the initial request under Articles 4, 5 or 6 applies to claims more than five years old, dating from the moment the instrument permitting the recovery is established in accordance with the laws, regulations or administrative practices in force in the Member State in which the applicant authority is situated, to the date of the request. However, in cases where the claim or the instrument is contested, the time-limit begins from the moment at which the applicant State establishes that the claim or the instrument permitting recovery may no longer be contested.

The requested authority shall inform the applicant authority of the grounds for refusing a request for assistance. Such reasoned refusal shall also be communicated to the Commission.

Article 15

1.   Questions concerning periods of limitation shall be governed solely by the laws in force in the Member State in which the applicant authority is situated.

2.   Steps taken in the recovery of claims by the requested authority in pursuance of a request for assistance, which, if they had been carried out by the applicant authority, would have had the effect of suspending or interrupting the period of limitation according to the laws in force in the Member State in which the applicant authority is situated, shall be deemed to have been taken in the latter State, in so far as that effect is concerned.

Article 16

Documents and information sent to the requested authority pursuant to this Directive may only be communicated by the latter to:

(a)

the person mentioned in the request for assistance;

(b)

those persons and authorities responsible for the recovery of the claims, and solely for that purpose;

(c)

the judicial authorities dealing with matters concerning the recovery of the claims.

Article 17

Requests for assistance, the instrument permitting the enforcement and other relevant documents shall be accompanied by a translation in the official language, or one of the official languages of the Member State in which the requested authority is situated, without prejudice to the latter authority’s right to waive the translation.

Article 18

1.   The requested authority shall recover from the person concerned and retain any costs linked to recovery which it incurs, in accordance with the laws and regulations of the Member State in which it is situated that apply to similar claims.

2.   Member States shall renounce all claims on each other for the refund of costs resulting from mutual assistance which they grant each other pursuant to this Directive.

3.   Where recovery poses a specific problem, concerns a very large amount in costs or relates to the fight against organised crime, the applicant and requested authorities may agree reimbursement arrangements specific to the cases in question.

4.   The Member State in which the applicant authority is situated shall remain liable to the Member State in which the requested authority is situated for any costs and any losses incurred as a result of actions held to be unfounded, as far as either the substance of the claim or the validity of the instrument issued by the applicant authority are concerned.

Article 19

Member States shall provide each other with a list of authorities authorised to make or receive requests for assistance.

Article 20

1.   The Commission shall be assisted by the recovery committee (hereinafter referred to as the Committee).

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.

The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at three months.

Article 21

The Committee may examine any matter concerning the application of this Directive raised by its chairman either on his own initiative or at the request of the representative of a Member State.

Article 22

The detailed rules for implementing Articles 4(2) and (4), 5(2) and (3) and Articles 7, 8, 9, 11, 12(1) and (2), 14, 18(3) and 24 and for determining the means by which communications between the authorities may be transmitted, the rules on conversion, transfer of sums recovered, and the fixing of a minimum amount for claims which may give rise to a request for assistance, shall be adopted in accordance with the procedure referred to in Article 20(2).

Article 23

This Directive shall not prevent a greater measure of mutual assistance being afforded either now or in the future by particular Member States under any agreements or arrangements, including those for the notification of legal or extra-legal acts.

Article 24

Each Member State shall inform the Commission of the measures which it has adopted to implement this Directive.

The Commission shall forward this information to the other Member States.

Each Member State shall inform the Commission annually of the number of requests for information, notification and recovery sent and received each year, the amount of the claims involved and the amounts recovered.

The Commission shall report biennially to the European Parliament and the Council on the application of these arrangements and on the results achieved.

Article 25

Directive 76/308/EEC, as amended by the acts listed in Annex I, Parts A and B, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex I, Part C.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.

Article 26

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 27

This Directive is addressed to the Member States.

Done at Brussels, 26 May 2008.

For the Council

The President

D. RUPEL


(1)  Opinion of 19 June 2007 (not yet published in the Official Journal).

(2)  OJ C 93, 27.4.2007, p. 15.

(3)  OJ L 73, 19.3.1976, p. 18. Directive as last amended by the 2003 Act of Accession. The original title of the Directive is ‘Council Directive 76/308/EEC of 15 March 1976 on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of the agricultural levies and customs duties’. It was amended by Directive 79/1071/EEC (OJ L 331, 27.12.1979, p. 10), by Directive 92/12/EEC (OJ L 76, 23.3.1992, p. 1) and Directive 2001/44/EC (OJ L 175, 28.6.2001, p. 17).

(4)  See Annex I, Parts A and B.

(5)  OJ L 184, 17.7.1999, p. 23. Decision as last amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(6)  OJ L 336, 27.12.1977, p. 15. Directive as last amended by Directive 2006/98/EC (OJ L 363, 20.12.2006, p. 129).


ANNEX I

PART A

Repealed Directive with its successive amendments

(referred to in Article 25)

Directive 76/308/EEC

(OJ L 73, 19.3.1976, p. 18).

 

Directive 79/1071/EEC

(OJ L 331, 27.12.1979, p. 10).

 

Directive 92/12/EEC

(OJ L 76, 23.3.1992, p. 1).

Only Article 30a

Directive 92/108/EEC

(OJ L 390, 31.12.1992, p. 124).

Only Article 1, point 9

Directive 2001/44/EC

(OJ L 175, 28.6.2001, p. 17).

 

PART B

Amended acts which are not repealed

1979 Act of Accession

1985 Act of Accession

1994 Act of Accession

2003 Act of Accession

PART C

List of time-limits for transposition into national law

(referred to in Article 25)

Directive

Time-limit for transposition

76/308/EEC

1 January 1978

79/1071/EEC

1 January 1981

92/12/EEC

1 January 1993 (1)

92/108/EEC

31 December 1992

2001/44/EC

30 June 2002


(1)  With regard to Article 9(3) the Kingdom of Denmark is authorised to introduce the laws, regulations and administrative provisions required for complying with this provisions by 1 January 1993 at the latest.


ANNEX II

Correlation table

Directive 76/308/EEC

This Directive

Article 1

Article 1

Article 2, introductory wording, points (a) to (e)

Article 2, first paragraph, points (a) to (e)

Article 2, introductory wording, point (f) first, second and third indents

Article 2, first paragraph, point (f)(i), (ii) and (iii)

Article 2, introductory wording, points (g) to (i)

Article 2, first paragraph, points (g) to (i)

Article 3, first paragraph, first to fifth indents

Article 3, first paragraph, points (1) to (5)

Article 3, sixth indent, first paragraph, point (a)

Article 3(6)(l)

Article 3, sixth indent, first paragraph, point (b)

Article 3(6)(a)

Article 3, sixth indent, first paragraph, point (c)

Article 3(6)(c)

Article 3, sixth indent, first paragraph, point (d)

Article 3(6)(b)

Article 3, sixth indent, first paragraph, point (e)

Article 3(6)(e)

Article 3, sixth indent, first paragraph, point (f)

Article 3(6)(d)

Article 3, sixth indent, first paragraph, point (g)

Article 3(6)(f)

Article 3, sixth indent, first paragraph, point (h)

Article 3(6)(o)

Article 3, sixth indent, first paragraph, point (i)

Article 3(6)(h)

Article 3, sixth indent, first paragraph, point (j)

Article 3(6)(g)

Article 3, sixth indent, first paragraph, point (k)

Article 3(6)(i)

Article 3, sixth indent, first paragraph, point (l)

Article 3(6)(k)

Article 3, sixth indent, first paragraph, point (m)

Article 3(6)(m)

Article 3, sixth indent, first paragraph, point (n)

Article 3, sixth indent, first paragraph, point (o)

Article 3(6)(p)

Article 3, sixth indent, first paragraph, point (p)

Article 3(6)(j)

Article 3, sixth indent, first paragraph, point (q)

Article 3(6)(n)

Article 3, sixth indent, second paragraph

Article 2, second paragraph

Articles 4 and 5

Articles 4 and 5

Article 6(1)

Article 6 first paragraph

Article 6(2)

Article 6 second paragraph

Article 7(1) and (2)

Article 7(1) and (2)

Article 7(3)

Article 7(3), first subparagraph

Article 7(4)

Article 7(3), second subparagraph

Article 7(5)

Article 7(4)

Article 8(1)

Article 8, first paragraph

Article 8(2), first, second and third paragraphs

Article 8, second, third and fourth paragraphs

Articles 9 to 19

Articles 9 to 19

Article 20(1) and (2)

Article 20(1) and (2)

Article 20(3)

Articles 21, 22 and 23

Articles 21, 22 and 23

Article 24

Article 25, first paragraph, first and second sentences

Article 24, first and second paragraphs

Article 25, second paragraph, first and second sentences

Article 24, second and third paragraphs

Article 26

Article 27

Annex I

Annex II


II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

10.6.2008   

EN

Official Journal of the European Union

L 150/39


COMMISSION DECISION

of 9 June 2008

establishing the Community’s financial contribution to the expenditure incurred in the context of the emergency measures taken to combat Newcastle disease in the United Kingdom in 2005

(notified under document number C(2008) 2411)

(Only the English text is authentic)

(2008/428/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Articles 3(3) and 4(2) thereof,

Whereas:

(1)

Outbreaks of Newcastle disease occurred in the United Kingdom in 2005. The emergence of that disease presented a serious risk to the Community’s livestock population.

(2)

In order to prevent the spread of the disease and to help eradicate it as quickly as possible, the Community should contribute financially towards the eligible expenditure incurred by the Member State under the emergency measures taken to combat the disease, as provided for in Decision 90/424/EEC.

(3)

Commission Decision 2006/602/EC of 6 September 2006 concerning a financial contribution by the Community in the context of emergency measures taken to combat Newcastle disease in the United Kingdom in 2005 (2) granted a financial contribution at the rate of 50 % of the expenditure eligible for Community funding for the implementation of the measures taken to combat this outbreak.

(4)

Pursuant to that Decision, the Community financial contribution is to be paid on the basis of the request submitted by the United Kingdom on 11 June 2007 and supporting documents set out in Article 7 of Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC (3).

(5)

In view of those considerations, the total amount of the Community’s financial contribution to the eligible expenditure incurred associated with the eradication of Newcastle disease in the United Kingdom in 2005 should now be fixed.

(6)

The results of the inspections carried out by the Commission in compliance with the Community veterinary rules and the conditions for granting Community financial contributions mean the entire amount of the expenditure submitted cannot be recognised as eligible.

(7)

The Commission’s observations, method of calculating the eligible expenditure and final conclusions were communicated to the United Kingdom in a letter dated 21 December 2007.

(8)

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

HAS ADOPTED THIS DECISION:

Article 1

The total Community financial contribution towards the expenditure associated with eradicating Newcastle disease in the United Kingdom in 2005 pursuant to Decision 2006/602/EC is fixed at EUR 75 958,12.

Article 2

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 9 June 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission


(1)  OJ L 224, 18.8.1990, p. 19. Decision last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(2)  OJ L 246, 8.9.2006, p. 7.

(3)  OJ L 55, 1.3.2005, p. 12.