ISSN 1725-2555

Official Journal

of the European Union

L 219

European flag  

English edition

Legislation

Volume 51
14 August 2008


Contents

 

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

page

 

 

REGULATIONS

 

 

Commission Regulation (EC) No 809/2008 of 13 August 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

 

*

Commission Regulation (EC) No 810/2008 of 11 August 2008 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat (Recast)

3

 

*

Commission Regulation (EC) No 811/2008 of 13 August 2008 suspending the introduction into the Community of specimens of certain species of wild fauna and flora

17

 

 

DIRECTIVES

 

*

Council Directive 2008/73/EC of 15 July 2008 simplifying procedures of listing and publishing information in the veterinary and zootechnical fields and amending Directives 64/432/EEC, 77/504/EEC, 88/407/EEC, 88/661/EEC, 89/361/EEC, 89/556/EEC, 90/426/EEC, 90/427/EEC, 90/428/EEC, 90/429/EEC, 90/539/EEC, 91/68/EEC, 91/496/EEC, 92/35/EEC, 92/65/EEC, 92/66/EEC, 92/119/EEC, 94/28/EC, 2000/75/EC, Decision 2000/258/EC and Directives 2001/89/EC, 2002/60/EC and 2005/94/EC ( 1 )

40

 

*

Commission Directive 2008/83/EC of 13 August 2008 amending Directive 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species ( 1 )

55

 

 

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

 

 

DECISIONS

 

 

Council

 

 

2008/667/JHA

 

*

Council Decision of 7 April 2008 concerning the conclusion of the Agreement between the European Space Agency and the European Union on the security and exchange of classified information

58

Agreement between the European Space Agency and the European Union on the security and exchange of classified information

59

 

 

Conference of the Representatives of the Governments of the Member States

 

 

2008/668/EC, Euratom

 

*

Decision of the Representatives of the Governments of the Member States of 23 July 2008 appointing a judge to the Court of First Instance of the European Communities

63

 

 

AGREEMENTS

 

 

Council

 

*

Information on the date of entry into force of the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles

64

 

 

III   Acts adopted under the EU Treaty

 

 

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

 

*

Council Decision 2008/669/CFSP of 16 June 2008 concerning the conclusion of the Agreement between the European Union and the Republic of Guinea-Bissau on the Status of the European Union Mission in Support of Security Sector Reform in the Republic of Guinea-Bissau

65

Agreement between the European Union and the Republic of Guinea-Bissau on the Status of the European Union Mission in Support of Security Sector Reform in the Republic of Guinea-Bissau

66

 

 

Corrigenda

 

*

Corrigendum to Council Regulation (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking (OJ L 30, 4.2.2008)

72

 

*

Corrigendum to Council Regulation (EC) No 74/2008 of 20 December 2007 on the establishment of the ARTEMIS Joint Undertaking to implement a Joint Technology Initiative in Embedded Computing Systems (OJ L 30, 4.2.2008)

73

 

*

Corrigendum to Agreement between the European Union and the Republic of Albania on the participation of the Republic of Albania in the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA) (OJ L 217, 13.8.2008)

74

 

*

Corrigendum to Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 217, 13.8.2008)

77

 


 

(1)   Text with EEA relevance

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

14.8.2008   

EN

Official Journal of the European Union

L 219/1


COMMISSION REGULATION (EC) No 809/2008

of 13 August 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 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) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

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 Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 14 August 2008.

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

Done at Brussels, 13 August 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1. Regulation as last amended by Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008, p. 61).

(2)  OJ L 350, 31.12.2007, p. 1. Regulation as last amended by Regulation (EC) No 590/2008 (OJ L 163, 24.6.2008, p. 24).


ANNEX

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

MK

29,1

XS

27,8

ZZ

28,5

0707 00 05

MK

31,0

TR

89,6

ZZ

60,3

0709 90 70

TR

92,6

ZZ

92,6

0805 50 10

AR

70,2

UY

59,6

ZA

81,5

ZZ

70,4

0806 10 10

CL

82,1

EG

128,5

MK

68,7

TR

120,5

ZZ

100,0

0808 10 80

AR

87,4

BR

86,3

CL

92,4

CN

80,2

NZ

108,2

US

96,6

UY

148,0

ZA

83,2

ZZ

97,8

0808 20 50

AR

75,6

CL

83,0

TR

161,7

ZA

91,7

ZZ

103,0

0809 30

TR

154,7

ZZ

154,7

0809 40 05

IL

138,3

MK

59,0

TR

90,9

XS

62,1

ZZ

87,6


(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.


14.8.2008   

EN

Official Journal of the European Union

L 219/3


COMMISSION REGULATION (EC) No 810/2008

of 11 August 2008

opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat

(Recast)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations (1), and in particular Article 1(1) thereof,

Whereas:

(1)

Commission Regulation (EC) No 936/97 of 27 May 1997 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat (2) has been substantially amended several times (3). Since further amendments are to be made, it should be recast in the interests of clarity.

(2)

The Community has undertaken, pursuant to the Agreement on agriculture concluded under the Uruguay Round of multilateral trade negotiations (4), to open tariff quotas for high-quality beef and frozen buffalo meat. Those quotas should be opened on a multiannual basis and detailed rules should be adopted for their application for 12-month periods starting on 1 July.

(3)

The exporting third countries have undertaken to issue certificates of authenticity guaranteeing the origin of the products. The form and layout of the certificates and the procedures for using them should be specified. Certificates of authenticity should be issued by authorities in third countries affording all the necessary guarantees to ensure that the arrangements concerned are properly applied.

(4)

The quota in question should be managed using import licences. To this end, rules should be laid down on submission of applications and the information to be given on applications and licences, by way of derogation, if necessary, from certain provisions of 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 (5), and of 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 (6).

(5)

Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (7) lays down detailed provisions on applications for import licences, the status of applicants and the issue of licences. That Regulation limits the period of validity of licences to the last day of the import tariff quota period. The provisions of Regulation (EC) No 1301/2006 should apply to import licences issued for the quota in question, without prejudice to additional conditions laid down in this Regulation.

(6)

In order to ensure proper management of the imports of meat, provision should be made, where relevant, for import licences to be issued subject to verification, in particular of entries on certificates of authenticity.

(7)

Experience has shown that importers do not always inform the competent authorities which issued the import licences of the quantity and origin of the beef imported under the quota in question. This information is important for the assessment of the market situation. A security should therefore be introduced to ensure that importers comply with this requirement.

(8)

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

1.   The following tariff quotas are hereby opened every year for the period from 1 July one year to 30 June the year after, hereinafter called ‘import tariff quota period ’:

(a)

60 250 tonnes for high-quality fresh, chilled or frozen meat of bovine animals covered by CN codes 0201 and 0202 and for products covered by CN codes 0206 10 95 and 0206 29 91. This quota carries order number 09.4002;

(b)

2 250 tonnes for frozen boneless buffalo meat covered by CN code 0202 30 90, expressed in weight of boneless meat. This quota carries order number 09.4001.

For the purposes of attributing the quotas referred to in the first subparagraph, 100 kilograms of bone-in meat shall be equivalent to 77 kilograms of boneless meat.

2.   For the purposes of this Regulation, ‘frozen meat’ means meat with an internal temperature of – 12 °C or lower when it enters the customs territory of the Community.

3.   The ad valorem customs duty under the quotas referred to in paragraph 1 shall be 20 %.

Article 2

The tariff quota for fresh, chilled and frozen beef provided for in point (a) of Article 1(1) shall be allocated as follows:

(a)

28 000 tonnes of boneless beef covered by CN codes 0201 30 00 and 0206 10 95 and meeting the following definition:

‘Selected beef cuts obtained from steers, young steers or heifers having been exclusively fed through pasture grazing since their weaning. The steer carcasses shall be classified as “JJ”, “J”, “U” or “U2”, young steer and heifer carcasses shall be classified as “AA”, “A”, or “B” according to the official beef classification established by the Secretariat of Agriculture, Livestock, Fisheries and Food in Argentina (Secretaría de Agricultura, Ganadería, Pesca y Alimentos — SAGPyA)’.

The cuts shall be labelled in accordance with Article 13 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council (8).

The indication ‘High Quality Beef ’ may be added to the information on the label.

(b)

7 150 tonnes product weight for meat covered by CN codes 0201 20 90, 0201 30, 0202 20 90, 0202 30, 0206 10 95 and 0206 29 91 and meeting the following definition:

‘Selected cuts obtained from steer or heifer carcasses which have been classified under one of the following official categories “Y”, “YS”, “YG”, “YGS”, “YP” and “YPS” as defined by AUS-MEAT Australia. Beef colour must conform to AUS-MEAT meat colour reference standards 1 B to 4, fat colour to AUS-MEAT fat colour reference standards 0 to 4 and fat depth (measured at the P8 site) to AUS-MEAT fat classes 2 to 5’.

The cuts shall be labelled in accordance with Article 13 of Regulation (EC) No 1760/2000.

The indication ‘High Quality Beef’ may be added to the information on the label.

(c)

6 300 tonnes of boneless beef covered by CN codes 0201 30 00 and 0206 10 95 and meeting the following definition:

‘Selected beef cuts obtained from steers (novillo) or heifers (vaquillona) as defined in the official carcass classification of bovine meat established by the National Institute of Meat of Uruguay (Instituto Nacional de Carnes — INAC). The eligible animals for production of High Quality Beef have been exclusively fed through pasture grazing since their weaning. The carcasses shall be classified as “I”, “N” or “A”, with fat cover “1”, “2” or “3” in accordance with the above mentioned classification’.

The cuts shall be labelled in accordance with Article 13 of Regulation (EC) No 1760/2000.

The indication ‘High Quality Beef ’ may be added to the information on the label.

(d)

5 000 tonnes of boneless beef covered by CN codes 0201 30 00 and 0206 10 95 and meeting the following definitions:

‘Selected cuts obtained from steers or heifers having been exclusively fed with pasture grass since their weaning. The carcasses shall be classified as “B” with fat cover “2” or “3” according to the official beef carcass classification established by the Ministry of Agriculture, Livestock and Supply in Brazil (Ministério da Agricultura, Pecuária e Abastecimento)’.

The cuts shall be labelled in accordance with Article 13 of Regulation (EC) No 1760/2000.

The indication ‘High Quality Beef’ may be added to the information on the label.

(e)

1 300 tonnes product weight for meat covered by CN codes 0201 20 90, 0201 30, 0202 20 90, 0202 30, 0206 10 95 and 0206 29 91 and meeting the following definition:

‘Selected chilled or frozen premium beef cuts derived from exclusively pasture-grazed bovine animals which do not have more than four permanent incisor teeth in wear, the carcasses of which have a dressed weight of not more than 325 kilograms, a compact appearance with a good eye, of meat of light and uniform colour and adequate but not excessive fat cover. All cuts must be vacuum packaged and referred to as “high-quality beef”’.

(f)

11 500 tonnes product weight for meat falling within CN codes 0201, 0202, 0206 10 95 and 0206 29 91, and meeting the following definition:

‘Carcasses or any cuts obtained from bovine animals not over 30 months of age which have been fed for 100 days or more on nutritionally balanced, high-energy-content rations containing not less than 70 % grain and comprising at least 20 pounds total feed per day. Beef graded “choice” or “prime” according to USDA (United States Department of Agriculture) standards automatically meets the above definition. Meat graded “Canada A”, “Canada AA”, “Canada AAA”, “Canada Choice” and “Canada Prime”, “A1”, “A2” and “A3”, according to the Canadian Food Inspection Agency — Government of Canada, corresponds to this definition’.

(g)

1 000 tonnes of boneless meat falling within CN codes 0201 30 00 and 0202 30 90 and meeting the following definition:

‘fillet (lomito), striploin and/or Cube roll (lomo), rump (rabadilla), topside (carnaza negra) obtained from selected crossbred animals with less than 50 % of breeds of the zebú type and having been exclusively fed with pasture grass or hay. The slaughtered animals must be steers or heifers falling under category “V” of the VACUNO carcasse-grading system producing carcasses not exceeding 260 kg’.

The cuts must be labelled in accordance with Article 13 of Regulation (EC) No 1760/2000.

The indication ‘High Quality Beef’ may be added to the information on the label.

Article 3

1.   Imports of the quantities set out in Article 2(f) shall be subject to presentation, on release for free circulation, of:

(a)

an import licence issued in accordance with Articles 4 and 5, and

(b)

a certificate of authenticity issued in accordance with Article 6.

2.   For imports of the quantity set out in Article 2(f), the import tariff quota period shall be divided into 12 subperiods of one month each. The quantity available each subperiod corresponds to one twelfth of the total quantity.

Article 4

In order to obtain import licences as referred to in Article 3 the following conditions shall be complied with:

(a)

section 8 of licence applications and licences must show the country of origin and the mention ‘yes’ shall be marked by a cross. Licences shall be subject to the obligation to import from the country in question;

(b)

section 20 of licence applications and licences must contain one of the entries listed in Annex III.

Article 5

1.   Licence applications as referred to in Article 4 may be lodged solely during the first five days of each month of each import tariff quota period.

Notwithstanding Article 5(1) of Regulation (EC) No 382/2008, applications may cover, for the same quota order number, one or several of the products covered by the CN codes or groups of CN codes listed in Annex I to that Regulation. In case applications cover several CN codes, the respective quantity applied for per CN code or group of CN codes shall be specified. In all cases, all the CN codes shall be indicated in section 16 and their description in section 15 of licence applications and licences.

2.   No later than 16:00, Brussels time, on the second working day following the closing date for the submission of applications, the Member States shall notify the Commission of the total quantity per countries of origin covered by applications.

3.   Import licences shall be issued on the 15th day of each month.

Each licence issued shall specify per CN code or group of CN codes the quantity concerned.

Article 6

1.   Certificates of authenticity shall be made out in one original and not less than one copy in accordance with the model in Annex I.

The forms shall measure approximately 210 × 297 mm and the paper shall weigh not less than 40 g/m2.

2.   The forms shall be printed and completed in one of the official languages of the Community; they may also be printed and completed in the official language or one of the official languages of the exporting country.

The relevant definition in Article 2 applying to the meat originating in the exporting country shall be shown on the reverse of the form.

3.   Certificates of authenticity shall bear an individual serial number allocated by the issuing authorities referred to in Article 7. The copies shall bear the same serial number as the original.

4.   The original and copies thereof may be typed or hand-written. In the latter case, they shall be completed in black ink and in block capitals.

5.   Certificates of authenticity shall be valid only if they are duly completed and endorsed in accordance with the instructions in Annexes I and II by an issuing authority listed in Annex II.

6.   Certificates of authenticity shall be considered to have been duly endorsed if they state the date and place of issue and if they bear the stamp of the issuing authority and the signature of the person or persons empowered to sign them.

The stamp may be replaced by a printed seal on the original of the certificate of authenticity and any copies thereof.

Article 7

1.   The issuing authorities listed in Annex II shall:

(a)

be recognised as such by the exporting country;

(b)

undertake to verify entries on certificates of authenticity;

(c)

undertake to forward to the Commission each Wednesday any information enabling the entries on certificates of authenticity to be verified.

2.   The list set out in Annex II may be revised by the Commission where any issuing authority is no longer recognised, where it fails to fulfil any of the obligations incumbent on it or where a new issuing authority is designated.

Article 8

1.   Imports of the quantities set out in Article 1(1)(b) and in Article 2(a) to (e) and (g) shall be subject to presentation, on release for free circulation, of import licences issued in accordance with Article 4(a) and (b) and paragraph 2 of this Article.

2.   The original of the certificate of authenticity drawn up in accordance with Articles 6 and 7 plus a copy thereof shall be presented to the competent authority together with the application for the first import licence relating to the certificate of authenticity.

Certificates of authenticity may be used for the issuing of more than one import licence for quantities not exceeding that shown on the certificate. Where more than one licence is issued in respect of a certificate, the competent authority shall endorse the certificate of authenticity to show the quantity attributed.

The competent authorities may issue import licences only after they are satisfied that all the information on the certificate of authenticity corresponds to that received each week from the Commission on the subject. The licences shall be issued immediately thereafter.

3.   Notwithstanding the first and the third subparagraphs of paragraph 2, and subject to compliance with paragraphs 4, 5 and 6, the competent authorities may issue import licences when:

(a)

the original of the certificate of authenticity has been presented but the relevant information from the Commission has not yet been received; or

(b)

the original of the certificate of authenticity has not been presented; or

(c)

the original of the certificate of authenticity has been presented and the relevant information from the Commission has been received but certain data are not in conformity.

4.   In the cases referred to in paragraph 3, notwithstanding the second indent of Article 4 of Regulation (EC) No 382/2008, the security to be lodged for import licences shall be equal to the amount corresponding, for the products in question, to the full customs duty under the Common Customs Tariff (CCT) applicable on the day on which the application for the import licence is submitted.

After having received the original of the certificate of authenticity and the Commission information on the certificate in question and after having checked that this data is in conformity, the Member States shall release this security on condition that the security referred to in the second indent of Article 4 of Regulation (EC) No 382/2008 has been lodged for the same import licence.

5.   The presentation to the competent authority of the original of the conforming authenticity certificate before expiry of the period of validity of the import licence concerned shall constitute a main requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 (9) for the security referred to in the first subparagraph of paragraph 4.

6.   The amounts of the security referred to in the first subparagraph of paragraph 4 not released shall be forfeited and retained as customs duties.

Article 9

Certificates of authenticity and import licences shall be valid for three months from their dates of issue. The term of validity of the certificates of authenticity shall, however, expire at the latest on 30 June following the date of issue.

Article 10

For quantities referred to in Article 2(f) of this Regulation, the provisions of Regulation (EC) No 376/2008, Regulation (EC) No 1301/2006 and Regulation (EC) No 382/2008 shall apply, save as otherwise provided for in this Regulation.

For quantities referred to Article 1(1)(b) and in Article 2(a) to (e) and (g) of this Regulation, the provisions of Regulation (EC) No 376/2008, Chapter III of Regulation (EC) No 1301/2006 and Regulation (EC) No 382/2008 shall apply, save as otherwise provided for in this Regulation.

Article 11

1.   By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006, Member States shall notify to the Commission:

(a)

no later than the tenth day of each month, for the import tariff quota with the order number 09.4002, the quantities of products, including nil returns, for which import licences were issued in the previous month;

(b)

no later than 31 August following the end of each import tariff quota period, for the import tariff quota with the order number 09.4001, the quantities of products, including nil returns, for which import licences were issued in the previous import tariff quota period;

(c)

the quantities of products, including nil returns, covered by unused or partly used import licences and corresponding to the difference between the quantities entered on the back of the import licences and the quantities for which they were issued:

(i)

together with the notifications referred to in Article 5(2) of this Regulation regarding the applications submitted for the last subperiod of the import tariff quota period;

(ii)

no later than 31 October following the end of each import tariff quota period.

2.   No later than 31 October following the end of each import tariff quota period, Member States shall notify to the Commission the quantities of products which were actually released for free circulation during the preceding import tariff quota period.

However, as of the import tariff quota period starting on 1 July 2009, Member States shall forward to the Commission details of the quantities of products put into free circulation as of 1 July 2009 in accordance with Article 4 of Regulation (EC) No 1301/2006.

3.   For the notifications referred to in paragraph 1 and the first subparagraph of paragraph 2 of this Article, the quantities shall be expressed in kilograms product weight, per country of origin and per product category as indicated in Annex V of Regulation (EC) No 382/2008.

The notifications regarding the quantities referred to in Article 1(1)(b) and in Article 2(a) to (e) and (g) of this Regulation shall be made as indicated in Annexes IV, V and VI to this Regulation.

Article 12

Regulation (EC) No 936/97 is repealed.

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

Article 13

This Regulation shall enter into force on the tenth 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, 11 August 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission


(1)  OJ L 146, 20.6.1996, p. 1.

(2)  OJ L 137, 28.5.1997, p. 10. Regulation as last amended by Regulation (EC) No 317/2007 (OJ L 84, 24.3.2007, p. 4).

(3)  See Annex VII.

(4)  OJ L 336, 23.12.1994, p. 22.

(5)  OJ L 114, 26.4.2008, p. 3. Regulation as amended by Regulation (EC) No 514/2008 (OJ L 150, 10.6.2008, p. 7).

(6)  OJ L 115, 29.4.2008, p. 10. Regulation as amended by Regulation (EC) No 514/2008.

(7)  OJ L 238, 1.9.2006, p. 13. Regulation as amended by Regulation (EC) No 289/2007 (OJ L 78, 17.3.2007, p. 17).

(8)  OJ L 204, 11.8.2000, p. 1.

(9)  OJ L 205, 3.8.1985, p. 5.


ANNEX I

Image

Definition

High-quality beef originating in …

(appropriate definition)

Buffalo meat originating in Australia


ANNEX II

List of authorities in exporting countries empowered to issue certificates of authenticity

SECRETARÍA DE AGRICULTURA, GANADERÍA, PESCA Y ALIMENTOS (SAGPyA):

for meat originating in Argentina and meeting the definition in Article 2(a).

DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY — AUSTRALIA:

for meat originating in Australia:

(a)

meeting the definition in Article 2(b);

(b)

meeting the definition in point (b) of Article 1(1).

INSTITUTO NACIONAL DE CARNES (INAC):

for meat originating in Uruguay and meeting the definition in Article 2(c).

DEPARTAMENTO NACIONAL DE INSPECÇÃO DE PRODUTOS DE ORIGEM ANIMAL (DIPOA):

for meat originating in Brazil and meeting the definition in Article 2(d).

NEW ZEALAND MEAT BOARD:

for meat originating in New Zealand, meeting the definition in Article 2(e).

FOOD SAFETY AND INSPECTION SERVICE (FSIS) OF THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA):

for meat originating in the United States of America and meeting the definition in Article 2(f).

CANADIAN FOOD INSPECTION AGENCY — GOVERNMENT OF CANADA/AGENCE CANADIENNE D'INSPECTION DES ALIMENTS — GOUVERNEMENT DU CANADA:

for meat originating in Canada, and meeting the definition in Article 2(f).

MINISTERIO DE AGRICULTURA, GANADERÍA, DIRECCIÓN DE NORMAS Y CONTROL DE ALIMENTOS:

for meat originating in Paraguay and meeting the definition in Article 2(g).


ANNEX III

Entries referred to in Article 4(b)

:

In Bulgarian

:

Говеждо/телешко месо с високо качество (Регламент (ЕО) № 810/2008)

:

In Spanish

:

Carne de vacuno de alta calidad [Reglamento (CE) no 810/2008]

:

In Czech

:

Vysoce jakostní hovězí/telecí maso (nařízení (ES) č. 810/2008)

:

In Danish

:

Oksekød af høj kvalitet (forordning (EF) nr. 810/2008)

:

In German

:

Qualitätsrindfleisch (Verordnung (EG) Nr. 810/2008)

:

In Estonian

:

Kõrgekvaliteediline veiseliha/vasikaliha (määrus (EÜ) nr 810/2008)

:

In Greek

:

Βόειο κρέας εκλεκτής ποιότητας [κανονισμός (ΕΚ) αριθ. 810/2008]

:

In English

:

High-quality beef/veal (Regulation (EC) No 810/2008)

:

In French

:

Viande bovine de haute qualité [règlement (CE) no 810/2008]

:

In Italian

:

Carni bovine di alta qualità [regolamento (CE) n. 810/2008]

:

In Latvian

:

Augstākā labuma liellopu/teļa gaļa (Regula (EK) Nr. 810/2008)

:

In Lithuanian

:

Aukštos kokybės jautiena ir (arba) veršiena (Reglamentas (EB) Nr. 810/2008)

:

In Hungarian

:

Kiváló minőségű marha-/borjúhús (810/2008/EK rendelet)

:

In Maltese

:

Kwalita għolja ta’ ċanga/vitella (Regolament (KE) Nru 810/2008)

:

In Dutch

:

Rundvlees van hoge kwaliteit (Verordening (EG) nr. 810/2008)

:

In Polish

:

Wołowina/cielęcina wysokiej jakości (Rozporządzenie (WE) nr 810/2008)

:

In Portuguese

:

Carne de bovino de alta qualidade [Regulamento (CE) n.o 810/2008]

:

In Romanian

:

Carne de vită/vițel de calitate superioară [Regulamentul (CE) nr. 810/2008]

:

In Slovak

:

Vysoko kvalitné hovädzie/teľacie mäso (Nariadenie (ES) č. 810/2008)

:

In Slovene

:

Visokokakovostno goveje/telečje meso (Uredba (ES) št. 810/2008)

:

In Finnish

:

Korkealaatuista naudanlihaa (asetus (EY) N:o 810/2008)

:

In Swedish

:

Nötkött av hög kvalitet (förordning (EG) nr 810/2008)


ANNEX IV

Notification of import licences (issued) — Regulation (EC) No 810/2008

Member State: …

Application of Article 11 of Regulation (EC) No 810/2008

Quantities of products for which import licences were issued

From: … to: …


Order No

Product category or categories (1)

Quantity

(kilograms product weight)

Country of origin

09.4001

 

 

Australia

09.4002

 

 

Argentina

Australia

Uruguay

Brazil

New Zealand

Paraguay


(1)  Product category or categories as indicated in Annex V of Regulation (EC) No 382/2008.


ANNEX V

Notification of import licences (unused quantities) — Regulation (EC) No 810/2008

Member State: …

Application of Article 11 of Regulation (EC) No 810/2008

Quantities of products for which import licences were unused

From: … to: …


Order No

Product category or categories (1)

Unused quantity

(kilograms product weight)

Country of origin

09.4001

 

 

Australia

09.4002

 

 

Argentina

Australia

Uruguay

Brazil

New Zealand

Paraguay


(1)  Product category or categories as indicated in Annex V of Regulation (EC) No 382/2008.


ANNEX VI

Notification of quantities of products put into free circulation — Regulation (EC) No 810/2008

Member State: …

Application of Article 11 of Regulation (EC) No 810/2008

Quantities of products put into free circulation

From: … to: … (import tariff quota period)


Order No

Product category or categories (1)

Quantity put into free circulation

(kilograms product weight)

Country of origin

09.4001

 

 

Australia

09.4002

 

 

Argentina

Australia

Uruguay

Brazil

New Zealand

Paraguay


(1)  Product category or categories as indicated in Annex V of Regulation (EC) No 382/2008.


ANNEX VII

Repealed Regulation with its successive amendments

Commission Regulation (EC) No 936/97

(OJ L 137, 28.5.1997, p. 10)

 

Commission Regulation (EC) No 2048/97

(OJ L 287, 21.10.1997, p. 10)

only as regards the reference to Regulation (EC) No 936/97 in Article 1

Commission Regulation (EC) No 31/98

(OJ L 5, 9.1.1998, p. 3)

 

Commission Regulation (EC) No 260/98

(OJ L 25, 31.1.1998, p. 42)

Article 4 only

Commission Regulation (EC) No 1299/98

(OJ L 180, 24.6.1998, p. 6)

Article 1 only

Commission Regulation (EC) No 1680/98

(OJ L 212, 30.7.1998, p. 36)

Article 1 only

Commission Regulation (EC) No 134/1999

(OJ L 17, 22.1.1999, p. 22)

Article 1 only

Commission Regulation (EC) No 361/2002

(OJ L 58, 28.2.2002, p. 5)

 

Commission Regulation (EC) No 1524/2002

(OJ L 229, 27.8.2002, p. 7)

 

Commission Regulation (EC) No 1781/2002

(OJ L 270, 8.10.2002, p. 3)

 

Commission Regulation (EC) No 649/2003

(OJ L 95, 11.4.2003, p. 13)

Article 2 only

Commission Regulation (EC) No 1118/2004

(OJ L 217, 17.6.2004, p. 10)

Article 2 only

Commission Regulation (EC) No 2186/2005

(OJ L 347, 30.12.2005, p. 74)

 

Commission Regulation (EC) No 408/2006

(OJ L 71, 10.3.2006, p. 3)

 

Commission Regulation (EC) No 1745/2006

(OJ L 329, 25.11.2006, p. 22)

 

Commission Regulation (EC) No 1965/2006

(OJ L 408, 30.12.2006, p. 26)

Article 2 and Annex II only

Commission Regulation (EC) No 317/2007

(OJ L 84, 24.3.2007, p. 4)

 


ANNEX VIII

Correlation table

Regulation (EC) No 936/97

This Regulation

Article 1(1), first subparagraph, introductory words

Article 1(1), first subparagraph, introductory words

Article 1(1), first subparagraph, first indent

Article 1(1), first subparagraph, (a)

Article 1(1), first subparagraph, second indent

Article 1(1), first subparagraph, (b)

Article 1(1), second subparagraph

Article 1(1), second subparagraph

Article 1(2) and (3)

Article 1(2) and (3)

Article 2

Article 2

Article 3(1), introductory words

Article 3(1), introductory words

Article 3(1), first indent

Article 3(1)(a)

Article 3(1), second indent

Article 3(1)(b)

Article 3(2)

Article 3(2)

Article 4, introductory words

Article 4, introductory words

Article 4(c)

Article 4(a)

Article 4(d)

Article 4(b)

Article 5

Article 5

Article 6

Article 6

Article 7

Article 7

Article 8(1)

Article 8(1)

Article 8(2)(a)

Article 8(2), first subparagraph

Article 8(2)(b)

Article 8(2), second subparagraph

Article 8(2)(c)

Article 8(2), third subparagraph

Article 8(3), first subparagraph, introductory words

Article 8(3), first subparagraph, introductory words

Article 8(3), first subparagraph, first indent

Article 8(3), first subparagraph, (a)

Article 8(3), first subparagraph, second indent

Article 8(3), first subparagraph, (b)

Article 8(3), first subparagraph, third indent

Article 8(3), first subparagraph, (c)

Article 8(3), second and third subparagraphs

Article 8(4)

Article 8(3), fourth subparagraph

Article 8(5)

Article 8(3), fifth subparagraph

Article 8(6)

Article 9

Article 9

Article 10

Article 10

Article 11

Article 12

Article 13

Article 13

Annex I

Annex I

Annex II

Annex II

Annex III

Annex III

Annex IV

Annex V

Annex VI

Annex VII

Annex VIII


14.8.2008   

EN

Official Journal of the European Union

L 219/17


COMMISSION REGULATION (EC) No 811/2008

of 13 August 2008

suspending the introduction into the Community of specimens of certain species of wild fauna and flora

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (1), and in particular Article 19(2) thereof,

After consulting the Scientific Review Group,

Whereas:

(1)

Article 4(6) of Regulation (EC) No 338/97 provides that the Commission may establish restrictions to the introduction of certain species into the Community in accordance with the conditions laid down in points (a) to (d) thereof. Furthermore, implementing measures for such restrictions have been laid down in Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 of the protection of species of wild fauna and flora by regulating trade therein (2).

(2)

A list of species for which the introduction into the Community is suspended was established in Commission Regulation (EC) No 1037/2007 of 29 August 2007 suspending the introduction into the Community of specimens of certain species of wild fauna and flora (3).

(3)

On the basis of recent information, the Scientific Review Group has concluded that the conservation status of certain species listed in Annexes A and B to Regulation (EC) No 338/97 will be seriously jeopardised if their introduction into the Community from certain countries of origin is not suspended. The introduction of the following species should therefore be suspended:

Falco cherrug from Armenia, Bahrain, Iraq, Mauritania and Tajikistan; Ovis vignei bocharensis from Uzbekistan,

Odobenus rosmarus from Greenland,

Accipiter erythropus, Aquila rapax, Gyps africanus, Lophaetus occipitalis and Poicephalus gulielmi from Guinea,

Hieraaetus ayresii, Hieraaetus spilogaster, Polemaetus bellicosus, Falco chicquera, Varanus ornatus (wild and ranched specimens) and Calabaria reinhardtii (wild specimens) from Togo,

Agapornis pullarius and Poicephalus robustus from Côte d’Ivoire,

Stephanoaetus coronatus from Côte d’Ivoire and Togo,

Pyrrhura caeruleiceps from Colombia; Pyrrhura pfrimeri from Brazil,

Brookesia decaryi, Uroplatus ebenaui, Uroplatus fimbriatus, Uroplatus guentheri, Uroplatus henkeli, Uroplatus lineatus, Uroplatus malama, Uroplatus phantasticus, Uroplatus pietschmanni, Uroplatus sikorae, Euphorbia ankarensis, Euphorbia berorohae, Euphorbia bongolavensis, Euphorbia duranii, Euphorbia fiananantsoae, Euphorbia iharanae, Euphorbia labatii, Euphorbia lophogona, Euphorbia neohumbertii, Euphorbia pachypodoides, Euphorbia razafindratsirae, Euphorbia suzannae-manieri and Euphorbia waringiae from Madagascar,

Varanus niloticus and Kinixys homeana (wild specimens from Togo, ranched specimens from Benin) from Benin and Togo,

Python regius, Geochelone sulcata (ranched specimens) and Pandinus imperator (ranched specimens) from Benin,

Cuora amboinensis, Malayemys subtrijuga, Notochelys platynota, Amyda cartilaginea, Cheilinus undulatus, Hippocampus kelloggi and Seriatopora stellata from Indonesia,

Peltocephalus dumerilianus from Guyana;

Chitra chitra from Malaysia; Cryptophyllobates azureiventris, Dendrobates variabilis and Dendrobates ventrimaculatus from Peru,

Hippocampus kuda from Indonesia and Vietnam,

Ornithoptera urvillianus (ranched specimens), Ornithoptera victoriae (ranched specimens), Tridacna gigas and Heliopora coerulea from Solomon Islands,

Tridacna derasa from Vietnam; Tridacna rosewateri from Mozambique,

Plerogyra simplex, Hydnophora rigida, Blastomussa wellsi and Trachyphyllia geoffroyi from Fiji,

Plerogyra sinuosa, Favites halicora, Acanthastrea spp., Cynarina lacrymalis and Scolymia vitiensis from Tonga,

Cycadaceae spp., Stangeriaceae spp. and Zamiaceae spp. from Madagascar, Mozambique and Vietnam.

(4)

The countries of origin of the species which are subject to new restrictions to introduction into the Community pursuant to this Regulation have all been consulted.

(5)

The Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) at its 14th session has changed the nomenclatural references and has rearranged the listing of animal species in the Appendices to CITES so that the orders, families and genera are presented in alphabetical order. Therefore, the species listed in the Annex to Regulation (EC) No 1037/2007 should be renamed and reordered.

(6)

The list of species for which the introduction into the Community is suspended should therefore be amended and Regulation (EC) No 1037/2007 should be, for clarity reasons, replaced.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora,

HAS ADOPTED THIS REGULATION:

Article 1

Subject to the provisions of Article 71 of Regulation (EC) No 865/2006, the introduction into the Community of specimens of the species of wild fauna and flora listed in the Annex to this Regulation is hereby suspended.

Article 2

Regulation (EC) No 1037/2007 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation.

Article 3

This Regulation shall enter into force on the 20th day following 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, 13 August 2008.

For the Commission

Stavros DIMAS

Member of the Commission


(1)  OJ L 61, 3.3.1997, p. 1. Regulation as last amended by Commission Regulation (EC) No 318/2008 (OJ L 95, 8.4.2008, p. 3).

(2)  OJ L 166, 19.6.2006, p. 1. Regulation as amended by Commission Regulation (EC) No 100/2008 (OJ L 31, 5.2.2008, p. 3).

(3)  OJ L 238, 11.9.2007, p. 3.


ANNEX

Specimens of species included in Annex A to Regulation (EC) No 338/97 whose introduction into the Community is suspended

Species

Source(s) covered

Specimen(s) covered

Countries of origin

Basis in Article 4(6), point:

FAUNA

CHORDATA

MAMMALIA

ARTIODACTYLA

Bovidae

Capra falconeri

Wild

Hunting trophies

Uzbekistan

a

Ovis ammon nigrimontana

Wild

Hunting trophies

Kazakhstan

a

CARNIVORA

Canidae

Canis lupus

Wild

Hunting trophies

Belarus, Kyrgyzstan, Turkey

a

Felidae

Lynx lynx

Wild

Hunting trophies

Azerbaijan, Moldova, Ukraine

a

Ursidae

Ursus arctos

Wild

Hunting trophies

British Columbia

a

Ursus thibetanus

Wild

Hunting trophies

Russia

a

AVES

FALCONIFORMES

Accipitridae

Leucopternis occidentalis

Wild

All

Ecuador, Peru

a

Falconidae

Falco cherrug

Wild

All

Armenia, Bahrain, Iraq, Mauritania, Tajikistan

a


Specimens of species included in Annex B to Regulation (EC) No 338/97 whose introduction into the Community is suspended

Species

Source(s) covered

Specimen(s) covered

Countries of origin

Basis in Article 4(6), point:

FAUNA

CHORDATA

MAMMALIA

ARTIODACTYLA

Bovidae

Ovis vignei bocharensis

Wild

All

Uzbekistan

b

Saiga borealis

Wild

All

Russia

b

Saiga tatarica

Wild

All

Kazakhstan, Russia

b

Camelidae

Lama guanicoe

Wild

All, except:

specimens that form part of the registered stock in Argentina, provided that permits are confirmed by the Secretariat before being accepted by the Member State of import,

products obtained from the shearing of live animals carried out under the approved management programme, appropriately marked and registered,

non-commercial exports of limited quantities of wool for industrial testing, up to 500 kg annually.

Argentina

b

Cervidae

Cervus elaphus bactrianus

Wild

All

Uzbekistan

b

Hippopotamidae

Hexaprotodon liberiensis (synonym Choeropsis liberiensis)

Wild

All

Côte d'Ivoire, Guinea, Guinea-Bissau, Nigeria, Sierra Leone

b

Hippopotamus amphibius

Wild

All

Democratic Republic of the Congo, Gambia, Malawi, Niger, Nigeria, Rwanda, Sierra Leone, Togo

b

Moschidae

Moschus anhuiensis

Wild

All

China

b

Moschus berezovskii

Wild

All

China

b

Moschus chrysogaster

Wild

All

China

b

Moschus fuscus

Wild

All

China

b

Moschus moschiferus

Wild

All

China, Russia

b

CARNIVORA

Canidae

Chrysocyon brachyurus

Wild

All

Bolivia, Peru

b

Eupleridae

Cryptoprocta ferox

Wild

All

Madagascar

b

Eupleres goudotii

Wild

All

Madagascar

b

Fossa fossana

Wild

All

Madagascar

b

Felidae

Leopardus colocolo

Wild

All

Chile

b

Leopardus pajeros

Wild

All

Chile

b

Leptailurus serval

Wild

All

Algeria

b

Panthera leo

Wild

All

Ethiopia

b

Prionailurus bengalensis

Wild

All

Macao

b

Profelis aurata

Wild

All

Togo

b

Mustelidae

Lutra maculicollis

Wild

All

Tanzania

b

Odobenidae

Odobenus rosmarus

Wild

All

Greenland

b

Viverridae

Cynogale bennettii

Wild

All

Brunei, China, Indonesia, Malaysia, Thailand

b

MONOTREMATA

Tachyglossidae

Zaglossus bartoni

Wild

All

Indonesia, Papua New Guinea

b

Zaglossus bruijni

Wild

All

Indonesia

b

PERISSODACTYLA

Equidae

Equus zebra hartmannae

Wild

All

Angola

b

PHOLIDOTA

Manidae

Manis temminckii

Wild

All

Democratic Republic of the Congo

b

PRIMATES

Atelidae

Alouatta guariba

Wild

All

All

b

Alouatta macconnelli

Wild

All

Trinidad and Tobago

b

Ateles belzebuth

Wild

All

All

b

Ateles fusciceps

Wild

All

All

b

Ateles geoffroyi

Wild

All

All

b

Ateles hybridus

Wild

All

All

b

Ateles paniscus

Wild

All

Peru

b

Lagothrix cana

Wild

All

All

b

Lagothrix lagotricha

Wild

All

All

b

Lagothrix lugens

Wild

All

All

b

Lagothrix poeppigii

Wild

All

All

b

Cebidae

Callithrix geoffroyi (synonym C. jacchus geoffroyi)

Wild

All

Brazil

b

Cebus capucinus

Wild

All

Belize

b

Cercopithecidae

Cercocebus atys

Wild

All

Ghana

b

Cercopithecus ascanius

Wild

All

Burundi

b

Cercopithecus cephus

Wild

All

Central African Republic

b

Cercopithecus dryas including C. salongo)

Wild

All

Democratic Republic of the Congo

b

Cercopithecus erythrogaster

Wild

All

All

b

Cercopithecus erythrotis

Wild

All

All

b

Cercopithecus hamlyni

Wild

All

All

b

Cercopithecus mona

Wild

All

Togo

b

Cercopithecus petaurista

Wild

All

Togo

b

Cercopithecus pogonias

Wild

All

Cameroon, Equatorial Guinea, Nigeria

b

Cercopithecus preussi (synonym C. lhoesti preussi)

Wild

All

Cameroon, Equatorial Guinea, Nigeria

b

Colobus polykomos

Wild

All

Côte d'Ivoire

b

Colobus vellerosus

Wild

All

Côte d'Ivoire, Ghana, Nigeria, Togo

b

Lophocebus albigena (synonym Cercocebus albigena)

Wild

All

Nigeria

b

Macaca arctoides

Wild

All

India, Malaysia, Thailand

b

Macaca assamensis

Wild

All

Nepal

b

Macaca cyclopis

Wild

All

All

b

Macaca fascicularis

Wild

All

Bangladesh, India

b

Macaca maura

Wild

All

Indonesia

b

Macaca leonina

Wild

All

China

b

Macaca nemestrina pagensis

Wild

All

Indonesia

b

Macaca nigra

Wild

All

Indonesia

b

Macaca nigrescens

Wild

All

Indonesia

b

Macaca ochreata

Wild

All

Indonesia

b

Macaca sylvanus

Wild

All

Algeria, Morocco

b

Papio anubis

Wild

All

Libya

b

Papio papio

Wild

All

Guinea-Bissau

b

Procolobus badius (synonym Colobus badius)

Wild

All

All

b

Procolobus verus (synonym Colobus verus)

Wild

All

Benin, Côte d'Ivoire, Ghana, Sierra Leone, Togo

b

Trachypithecus phayrei (synonym Presbytis phayrei)

Wild

All

Cambodia, China, India

b

Trachypithecus vetulus (synonym Presbytis senex)

Wild

All

Sri Lanka

b

Galagonidae

Euoticus pallidus (synonym Galago elegantulus pallidus)

Wild

All

Nigeria

b

Galago demidoff (synonym Galago demidovii)

Wild

All

Burkina Faso, Central African Republic

b

Galago granti

Wild

All

Malawi

b

Galago matschiei (synonym G. inustus)

Wild

All

Rwanda

b

Lorisidae

Arctocebus aureus

Wild

All

Central African Republic, Gabon

b

Arctocebus calabarensis

Wild

All

Nigeria

b

Nycticebus pygmaeus

Wild

All

Cambodia, Laos

b

Perodicticus potto

Wild

All

Togo

b

Pithecidae

Chiropotes chiropotes

Wild

All

Brazil, Guyana

b

Chiropotes israelita

Wild

All

Brazil

b

Chiropotes satanas

Wild

All

Brazil

b

Chiropotes utahickae

Wild

All

Brazil

b

Pithecia pithecia

Wild

All

Guyana

b

RODENTIA

Sciuridae

Ratufa affinis

Wild

All

Singapore

b

Ratufa bicolor

Wild

All

China

b

XENARTHRA

Myrmecophagidae

Myrmecophaga tridactyla

Wild

All

Belize, Uruguay

b

AVES

ANSERIFORMES

Anatidae

Anas bernieri

Wild

All

Madagascar

b

Oxyura jamaicensis

All

Live

All

d

APODIFORMES

Trochilidae

Chalcostigma olivaceum

Wild

All

Peru

b

Heliodoxa rubinoides

Wild

All

Peru

b

CICONIIFORMES

Balaenicipitidae

Balaeniceps rex

Wild

All

Tanzania, Zambia

b

COLUMBIFORMES

Columbidae

Goura cristata

Wild

All

Indonesia

b

Goura scheepmakeri

Wild

All

Indonesia

b

Goura victoria

Wild

All

Indonesia

b

CORACIIFORMES

Bucerotidae

Buceros rhinoceros

Wild

All

Thailand

b

CUCULIFORMES

Musophagidae

Tauraco corythaix

Wild

All

Mozambique

b

Tauraco fischeri

Wild

All

Tanzania

b

Tauraco macrorhynchus

Wild

All

Guinea

b

Tauraco porphyreolopha

Wild

All

Uganda

b

FALCONIFORMES

Accipitridae

Accipiter brachyurus

Wild

All

Papua New Guinea

b

Accipiter erythropus

Wild

All

Guinea

b

Accipiter gundlachi

Wild

All

Cuba

b

Accipiter imitator

Wild

All

Papua New Guinea, Solomon Islands

b

Accipiter melanoleucus

Wild

All

Guinea

b

Accipiter ovampensis

Wild

All

Guinea

b

Aquila rapax

Wild

All

Guinea

b

Aviceda cuculoides

Wild

All

Guinea

b

Buteo albonotatus

Wild

All

Peru

b

Buteo galapagoensis

Wild

All

Ecuador

b

Buteo platypterus

Wild

All

Peru

b

Buteo ridgwayi

Wild

All

Dominican Republic, Haiti

b

Erythrotriorchis radiatus

Wild

All

Australia

b

Gyps africanus

Wild

All

Guinea

b

Gyps bengalensis

Wild

All

All

b

Gyps coprotheres

Wild

All

Mozambique, Namibia, Swaziland

b

Gyps indicus

Wild

All

All

b

Gyps rueppellii

Wild

All

Guinea

b

Gyps tenuirostris

Wild

All

All

b

Harpyopsis novaeguineae

Wild

All

Indonesia, Papua New Guinea

b

Hieraaetus ayresii

Wild

All

Cameroon, Guinea, Togo

b

Hieraaetus spilogaster

Wild

All

Guinea, Togo

b

Leucopternis lacernulatus

Wild

All

Brazil

b

Lophaetus occipitalis

Wild

All

Guinea

b

Lophoictinia isura

Wild

All

Australia

b

Macheiramphus alcinus

Wild

All

Guinea

b

Polemaetus bellicosus

Wild

All

Cameroon, Guinea, Togo

b

Spizaetus africanus

Wild

All

Guinea

b

Spizaetus bartelsi

Wild

All

Indonesia

b

Stephanoaetus coronatus

Wild

All

Côte d'Ivoire, Guinea, Togo

b

Terathopius ecaudatus

Wild

All

Guinea

b

Torgos tracheliotus

Wild

All

Cameroon, Sudan

b

Trigonoceps occipitalis

Wild

All

Côte d’Ivoire, Guinea

b

Urotriorchis macrourus

Wild

All

Guinea

b

Falconidae

Falco chicquera

Wild

All

Guinea, Togo

b

Falco deiroleucus

Wild

All

Belize, Guatemala

b

Falco fasciinucha

Wild

All

Botswana, Ethiopia, Kenya, Malawi, Mozambique, South Africa, Sudan, Tanzania, Zambia, Zimbabwe

b

Falco hypoleucos

Wild

All

Australia, Papua New Guinea

b

Micrastur plumbeus

Wild

All

Colombia, Ecuador

b

Sagittariidae

Sagittarius serpentarius

Wild

All

Cameroon, Guinea, Togo

b

GALLEIFORMES

Phasianidae

Polyplectron schleiermacheri

Wild

All

Indonesia, Malaysia

b

GRUIFORMES

Gruidae

Anthropoides virgo

Wild

All

Sudan

b

Balearica pavonina

Wild

All

Guinea, Mali

b

Balearica regulorum

Wild

All

Angola, Botswana, Burundi, Democratic Republic of the Congo, Kenya, Lesotho, Malawi, Mozambique, Namibia, Rwanda, South Africa, Swaziland, Uganda, Zambia, Zimbabwe

b

Grus carunculatus

Wild

All

South Africa, Tanzania

b

PASSERIFORMES

Pittidae

Pitta nympha

Wild

All

All (except Vietnam)

b

Pycnonotidae

Pycnonotus zeylanicus

Wild

All

Malaysia

b

PSITTACIFORMES

Cacatuidae

Cacatua sanguinea

Wild

All

Indonesia

b

Loriidae

Charmosyna aureicincta

Wild

All

Fiji

b

Charmosyna diadema

Wild

All

All

b

Lorius domicella

Wild

All

Indonesia

b

Trichoglossus johnstoniae

Wild

All

Philippines

b

Psittacidae

Agapornis fischer

Wild

All

Tanzania

b

Ranched

All

Mozambique

b

Agapornis lilianae

Wild

All

Tanzania

b

Agapornis nigrigenis

Wild

All

All

b

Agapornis pullarius

Wild

All

Angola, Democratic Republic of the Congo, Côte d'Ivoire, Guinea, Kenya, Mali, Togo

b

Alisterus chloropterus chloropterus

Wild

All

Indonesia

b

Amazona agilis

Wild

All

Jamaica

b

Amazona autumnalis

Wild

All

Ecuador

b

Amazona collaria

Wild

All

Jamaica

b

Amazona mercenaria

Wild

All

Venezuela

b

Amazona xanthops

Wild

All

Bolivia, Paraguay

b

Ara chloropterus

Wild

All

Argentina, Panama

b

Ara severus

Wild

All

Guyana

b

Aratinga acuticaudata

Wild

All

Uruguay

b

Aratinga aurea

Wild

All

Argentina

b

Aratinga auricapillus

Wild

All

All

b

Aratinga erythrogenys

Wild

All

Peru

b

Aratinga euops

Wild

All

Cuba

b

Bolborhynchus ferrugineifrons

Wild

All

Colombia

b

Coracopsis vasa

Wild

All

Madagascar

b

Cyanoliseus patagonus

Wild

All

Chile, Uruguay

b

Deroptyus accipitrinus

Wild

All

Peru, Surinam

b

Eclectus roratus

Wild

All

Indonesia

b

Forpus xanthops

Wild

All

Peru

b

Hapalopsittaca amazonina

Wild

All

All

b

Hapalopsittaca fuertesi

Wild

All

Colombia

b

Hapalopsittaca pyrrhops

Wild

All

All

b

Leptosittaca branickii

Wild

All

All

b

Nannopsittaca panychlora

Wild

All

Brazil

b

Pionus chalcopterus

Wild

All

Peru

b

Poicephalus cryptoxanthus

Wild

All

Tanzania

b

Poicephalus gulielmi

Wild

All

Cameroon, Côte d’Ivoire, Congo, Guinea

b

Poicephalus meyeri

Wild

All

Tanzania

b

Poicephalus robustus

Wild

All

Botswana, Democratic Republic of the Congo, Côte d'Ivoire, Gambia, Guinea, Mali, Namibia, Nigeria, Senegal, South Africa, Swaziland, Togo, Uganda

b

Poicephalus rufiventris

Wild

All

Tanzania

b

Polytelis alexandrae

Wild

All

Australia

b

Prioniturus luconensis

Wild

All

Philippines

b

Psittacula alexandri

Wild

All

Indonesia

b

Psittacula finschii

Wild

All

Bangladesh, Cambodia

b

Psittacula roseata

Wild

All

China

b

Psittacus erithacus

Wild

All

Benin, Burundi, Liberia, Mali, Nigeria, Togo

b

Psittacus erithacus timneh

Wild

All

Guinea, Guinea-Bissau

b

Psittrichas fulgidus

Wild

All

All

b

Pyrrhura albipectus

Wild

All

Ecuador

b

Pyrrhura caeruleiceps

Wild

All

Colombia

b

Pyrrhura calliptera

Wild

All

Colombia

b

Pyrrhura leucotis

Wild

All

Brazil

b

Pyrrhura orcesi

Wild

All

Ecuador

b

Pyrrhura pfrimeri

Wild

All

Brazil

b

Pyrrhura subandina

Wild

All

Colombia

b

Pyrrhura viridicata

Wild

All

Colombia

b

Tanygnathus gramineus

Wild

All

Indonesia

b

Touit melanonotus

Wild

All

Brazil

b

Touit surdus

Wild

All

Brazil

b

Triclaria malachitacea

Wild

All

Argentina, Brazil

b

STRIGIFORMES

Strigidae

Asio capensis

Wild

All

Guinea

b

Bubo blakistoni

Wild

All

China, Japan, Russia

b

Bubo lacteus

Wild

All

Guinea

b

Bubo philippensis

Wild

All

Philippines

b

Bubo poensis

Wild

All

Guinea

b

Bubo vosseleri

Wild

All

Tanzania

b

Glaucidium capense

Wild

All

Democratic Republic of the Congo, Rwanda

b

Glaucidium perlatum

Wild

All

Cameroon, Guinea

b

Ketupa ketupu

Wild

All

Singapore

b

Nesasio solomonensis

Wild

All

Papua New Guinea, Solomon Islands

b

Ninox affinis

Wild

All

India

b

Ninox rudolfi

Wild

All

Indonesia

b

Otus angelinae

Wild

All

Indonesia

b

Otus capnodes

Wild

All

Comoros

b

Otus fuliginosus

Wild

All

Philippines

b

Otus insularis

Wild

All

Seychelles

b

Otus leucotis

Wild

All

Guinea

b

Otus longicornis

Wild

All

Philippines

b

Otus mindorensis

Wild

All

Philippines

b

Otus mirus

Wild

All

Philippines

b

Otus pauliani

Wild

All

Comoros

b

Otus roboratus

Wild

All

Peru

b

Pseudoscops clamator

Wild

All

Peru

b

Pulsatrix melanota

Wild

All

Peru

b

Scotopelia bouvieri

Wild

All

Cameroon

b

Scotopelia peli

Wild

All

Guinea

b

Scotopelia ussheri

Wild

All

Côte d’Ivoire, Ghana, Guinea, Liberia, Sierra Leone

b

Strix uralensis davidi

Wild

All

China

b

Strix woodfordii

Wild

All

Guinea

b

Tytonidae

Phodilus prigoginei

Wild

All

Democratic Republic of the Congo

b

Tyto aurantia

Wild

All

Papua New Guinea

b

Tyto inexspectata

Wild

All

Indonesia

b

Tyto manusi

Wild

All

Papua New Guinea

b

Tyto nigrobrunnea

Wild

All

Indonesia

b

Tyto sororcula

Wild

All

Indonesia

b

REPTILIA

CROCODYLIA

Alligatoridae

Caiman crocodilus

Wild

All

El Salvador, Guatemala, Mexico

b

Palaeosuchus trigonatus

Wild

All

Guyana

b

Crocodylidae

Crocodylus niloticus

Wild

All

Madagascar

b

SAURIA

Agamidae

Uromastyx aegyptia

Source ‘F’ (1)

All

Egypt

b

Uromastyx dispar

Wild

All

Algeria, Mali, Sudan

b

Uromastyx geyri

Wild

All

Mali, Niger

b

Chamaeleonidae

Brookesia decaryi

Wild

All

Madagascar

b

Calumma boettgeri

Wild

All

Madagascar

b

Calumma brevicornis

Wild

All

Madagascar

b

Calumma capuroni

Wild

All

Madagascar

b

Calumma cucullata

Wild

All

Madagascar

b

Calumma fallax

Wild

All

Madagascar

b

Calumma furcifer

Wild

All

Madagascar

b

Calumma gallus

Wild

All

Madagascar

b

Calumma gastrotaenia

Wild

All

Madagascar

b

Calumma globifer

Wild

All

Madagascar

b

Calumma guibei

Wild

All

Madagascar

b

Calumma hilleniusi

Wild

All

Madagascar

b

Calumma linota

Wild

All

Madagascar

b

Calumma malthe

Wild

All

Madagascar

b

Calumma nasuta

Wild

All

Madagascar

b

Calumma oshaughnessyi

Wild

All

Madagascar

b

Calumma parsonii

Wild

All

Madagascar

b

Calumma peyrierasi

Wild

All

Madagascar

b

Calumma tsaratananensis

Wild

All

Madagascar

b

Chamaeleo deremensis

Wild

All

Tanzania

b

Chamaeleo eisentrauti

Wild

All

Cameroon

b

Chamaeleo ellioti

Wild

All

Burundi

b

Chamaeleo feae

Wild

All

Equatorial Guinea

b

Chamaeleo fuelleborni

Wild

All

Tanzania

b

Chamaeleo gracilis

Wild

All

Benin

b

Ranched

All

Benin

b

Ranched

Snout to vent length greater than 8 cm

Togo

b

Chamaeleo montium

Wild

All

Cameroon

b

Chamaeleo pfefferi

Wild

All

Cameroon

b

Chamaeleo senegalensis

Ranched

Snout to vent length greater than 6 cm

Togo

b

Chamaeleo werneri

Wild

All

Tanzania

b

Chamaeleo wiedersheimi

Wild

All

Cameroon

b

Furcifer angeli

Wild

All

Madagascar

b

Furcifer antimena

Wild

All

Madagascar

b

Furcifer balteatus

Wild

All

Madagascar

b

Furcifer belalandaensis

Wild

All

Madagascar

b

Furcifer bifidus

Wild

All

Madagascar

b

Furcifer campani

Wild

All

Madagascar

b

Furcifer labordi

Wild

All

Madagascar

b

Furcifer minor

Wild

All

Madagascar

b

Furcifer monoceras

Wild

All

Madagascar

b

Furcifer petteri

Wild

All

Madagascar

b

Furcifer rhinoceratus

Wild

All

Madagascar

b

Furcifer tuzetae

Wild

All

Madagascar

b

Furcifer willsii

Wild

All

Madagascar

b

Cordylidae

Cordylus mossambicus

Wild

All

Mozambique

b

Cordylus tropidosternum

Wild

All

Mozambique

b

Cordylus vittifer

Wild

All

Mozambique

b

Gekkonidae

Phelsuma abbotti

Wild

All

Madagascar

b

Phelsuma antanosy

Wild

All

Madagascar

b

Phelsuma barbouri

Wild

All

Madagascar

b

Phelsuma breviceps

Wild

All

Madagascar

b

Phelsuma comorensis

Wild

All

Comoros

b

Phelsuma dubia

Wild

All

Comoros, Madagascar

b

Phelsuma flavigularis

Wild

All

Madagascar

b

Phelsuma guttata

Wild

All

Madagascar

b

Phelsuma klemmeri

Wild

All

Madagascar

b

Phelsuma laticauda

Wild

All

Comoros

b

Phelsuma modesta

Wild

All

Madagascar

b

Phelsuma mutabilis

Wild

All

Madagascar

b

Phelsuma pronki

Wild

All

Madagascar

b

Phelsuma pusilla

Wild

All

Madagascar

b

Phelsuma seippi

Wild

All

Madagascar

b

Phelsuma serraticauda

Wild

All

Madagascar

b

Phelsuma standingi

Wild

All

Madagascar

b

Phelsuma v-nigra

Wild

All

Comoros

b

Uroplatus ebenaui

Wild

All

Madagascar

b

Uroplatus fimbriatus

Wild

All

Madagascar

b

Uroplatus guentheri

Wild

All

Madagascar

b

Uroplatus henkeli

Wild

All

Madagascar

b

Uroplatus lineatus

Wild

All

Madagascar

b

Uroplatus malama

Wild

All

Madagascar

b

Uroplatus phantasticus

Wild

All

Madagascar

b

Uroplatus pietschmanni

Wild

All

Madagascar

b

Uroplatus sikorae

Wild

All

Madagascar

b

Helodermatidae

Heloderma horridum

Wild

All

Guatemala, Mexico

b

Heloderma suspectum

Wild

All

Mexico, United States

b

Iguanidae

Conolophus pallidus

Wild

All

Ecuador

b

Conolophus subcristatus

Wild

All

Ecuador

b

Iguana iguana

Wild

All

El Salvador

b

Scincidae

Corucia zebrata

Wild

All

Solomon Islands

b

Varanidae

Varanus bogerti

Wild

All

Papua New Guinea

b

Varanus dumerilii

Wild

All

Indonesia

b

Varanus exanthematicus

Wild

All

Benin, Togo

b

Ranched

All

Benin

b

Ranched

Greater than 35 cm in length

Togo

b

Varanus jobiensis (synonym V. karlschmidti)

Wild

All

Indonesia

b

Varanus niloticus

Wild

All

Benin, Burundi, Mozambique, Togo

b

Ranched

All

Benin, Togo

b

Varanus ornatus

Wild

All

Togo

b

Ranched

All

Togo

b

Varanus prasinus beccarii

Wild

All

Indonesia

b

Varanus salvadorii

Wild

All

Indonesia

b

Varanus salvator

Wild

All

China, India, Singapore

b

Varanus telenesetes

Wild

All

Papua New Guinea

b

Varanus teriae

Wild

All

Australia

b

Varanus yemenensis

Wild

All

All

b

SERPENTES

Boidae

Boa constrictor

Wild

All

El Salvador, Honduras

b

Calabaria reinhardtii

Wild

All

Togo

b

Ranched

All

Benin, Togo

b

Eunectes deschauenseei

Wild

All

Brazil

b

Eunectes murinus

Wild

All

Paraguay

b

Gongylophis colubrinus

Wild

All

Tanzania

b

Elapidae

Naja atra

Wild

All

Laos

b

Naja kaouthia

Wild

All

Laos

b

Naja siamensis

Wild

All

Laos

b

Pythonidae

Liasis fuscus

Wild

All

Indonesia

b

Morelia boeleni

Wild

All

Indonesia

b

Python molurus

Wild

All

China

b

Python regius

Wild

All

Benin, Guinea

b

Python reticulatus

Wild

All

India, Malaysia (Peninsular), Singapore

b

Python sebae

Wild

All

Mauritania, Mozambique

b

Ranched

All

Mozambique

b

TESTUDINES

Emydidae

Chrysemys picta

All

Live

All

d

Trachemys scripta elegans

All

Live

All

d

Geoemydidae

Callagur borneoensis

Wild

All

All

b

Cuora amboinensis

Wild

All

Indonesia, Malaysia

b

Cuora galbinifrons

Wild

All

China

b

Heosemys spinosa

Wild

All

Indonesia

b

Leucocephalon yuwonoi

Wild

All

Indonesia

b

Malayemys subtrijuga

Wild

All

Indonesia

b

Notochelys platynota

Wild

All

Indonesia

b

Siebenrockiella crassicollis

Wild

All

Indonesia

b

Podocnemididae

Erymnochelys madagascariensis

Wild

All

Madagascar

b

Peltocephalus dumerilianus

Wild

All

Guyana

b

Podocnemis erythrocephala

Wild

All

Colombia, Venezuela

b

Podocnemis expansa

Wild

All

Colombia, Ecuador, Guyana, Peru, Trinidad and Tobago, Venezuela

b

Podocnemis lewyana

Wild

All

All

b

Podocnemis sextuberculata

Wild

All

Peru

b

Podocnemis unifilis

Wild

All

Suriname

b

Testudinidae

Aldabrachelys gigantea

Wild

All

Seychelles

b

Chelonoidis denticulata

Wild

All

Bolivia, Ecuador

b

Geochelone elegans

Wild

All

Pakistan

b

Geochelone platynota

Wild

All

Myanmar

b

Geochelone sulcata

Ranched

All

Togo, Benin

b

Gopherus agassizii

Wild

All

All

b

Gopherus berlandieri

Wild

All

All

b

Gopherus polyphemus

Wild

All

United States

b

Indotestudo elongata

Wild

All

Bangladesh, China, India

b

Indotestudo forstenii

Wild

All

All

b

Indotestudo travancorica

Wild

All

All

b

Kinixys belliana

Wild

All

Mozambique

b

Ranched

All

Benin

b

Kinixys homeana

Wild

All

Benin, Togo

b

Ranched

All

Benin

b

Kinixys spekii

Wild

All

Mozambique

b

Manouria emys

Wild

All

Bangladesh, India, Indonesia, Myanmar, Thailand

b

Manouria impressa

Wild

All

Vietnam

b

Stigmochelys pardalis

Wild

All

Democratic Republic of the Congo, Mozambique, Uganda, Tanzania

b

Ranched

All

Mozambique, Zambia

b

Source ‘F’ (1)

All

Zambia

b

Testudo horsfieldii

Wild

All

China, Kazakhstan, Pakistan

b

Trionychidae

Amyda cartilaginea

Wild

All

Indonesia

b

Chitra chitra

Wild

All

Malaysia

b

Pelochelys cantorii

Wild

All

Indonesia

b

AMPHIBIA

ANURA

Dendrobatidae

Cryptophyllobates azureiventris

Wild

All

Peru

b

Dendrobates auratus

Wild

All

Nicaragua

b

Dendrobates pumilio

Wild

All

Nicaragua

b

Ranched

All

Nicaragua

b

Dendrobates tinctorius

Wild

All

Surinam

b

Dendrobates variabilis

Wild

All

Peru

b

Dendrobates ventrimaculatus

Wild

All

Peru

b

Mantellidae

Mantella aurantiaca

Wild

All

Madagascar

b

Mantella baroni (synonym Phrynomantis maculatus)

Wild

All

Madagascar

b

Mantella aff. baroni

Wild

All

Madagascar

b

Mantella bernhardi

Wild

All

Madagascar

b

Mantella cowani

Wild

All

Madagascar

b

Mantella crocea

Wild

All

Madagascar

b

Mantella expectata

Wild

All

Madagascar

b

Mantella haraldmeieri (synonym M. madagascariensis haraldmeieri)

Wild

All

Madagascar

b

Mantella laevigata

Wild

All

Madagascar

b

Mantella madagascariensis

Wild

All

Madagascar

b

Mantella manery

Wild

All

Madagascar

b

Mantella milotympanum (synonym M. aurantiaca milotympanum)

Wild

All

Madagascar

b

Mantella nigricans (synonym M. cowani nigricans)

Wild

All

Madagascar

b

Mantella pulchra

Wild

All

Madagascar

b

Mantella viridis

Wild

All

Madagascar

b

Microhylidae

Scaphiophryne gottlebei

Wild

All

Madagascar

b

Ranidae

Conraua goliath

Wild

All

Cameroon

b

Rana catesbeiana

All

Live

All

d

ACTINOPTERYGII

PERCIFORMES

Labridae

Cheilinus undulatus

Wild

All

Indonesia

b

SYNGNATHIFORMES

Syngnathidae

Hippocampus barbouri

Wild

All

Indonesia

b

Hippocampus comes

Wild

All

Indonesia

b

Hippocampus histrix

Wild

All

Indonesia

b

Hippocampus kelloggi

Wild

All

Indonesia

b

Hippocampus kuda

Wild

All

Indonesia, Vietnam

b

Hippocampus spinosissimus

Wild

All

Indonesia

b

ARTHROPODA

ARACHNIDA

ARANEAE

Theraphosidae

Brachypelma albopilosum

Wild

All

Nicaragua

b

SCORPIONES

Scorpionidae

Pandinus imperator

Ranched

All

Benin

b

INSECTA

LEPIDOPTERA

Papilionidae

Ornithoptera croesus

Wild

All

Indonesia

b

Ornithoptera tithonus

Wild

All

Indonesia

b

Ornithoptera urvillianus

Wild

All

Solomon Islands

b

Ranched

All

Solomon Islands

b

Ornithoptera victoriae

Wild

All

Solomon Islands

b

Ranched

All

Solomon Islands

b

Troides andromache

Wild

All

Indonesia

b

Ranched

All

Indonesia

b

MOLLUSCA

BIVALVIA

MESOGASTROPODA

Strombidae

Strombus gigas

Wild

All

Grenada, Haiti

b

VENEROIDA

Tridacnidae

Hippopus hippopus

Wild

All

New Caledonia, Tonga, Vanuatu, Vietnam

b

Tridacna crocea

Wild

All

Fiji, Tonga, Vanuatu, Vietnam

b

Tridacna derasa

Wild

All

Fiji, New Caledonia, Philippines, Palau, Tonga, Vanuatu, Vietnam

b

Tridacna gigas

Wild

All

Fiji, Indonesia, Marshall Islands, Micronesia, Palau, Papua New Guinea, Solomon Islands, Tonga, Vanuatu, Vietnam

b

Tridacna maxima

Wild

All

Micronesia, Fiji, Marshall Islands, Mozambique, New Caledonia, Tonga, Vanuatu, Vietnam

b

Tridacna rosewateri

Wild

All

Mozambique

b

Tridacna squamosa

Wild

All

Fiji, Mozambique, New Caledonia, Tonga, Vanuatu, Vietnam

b

Tridacna tevoroa

Wild

All

Tonga

b

CNIDARIA

HELIOPORACEA

Helioporidae

Heliopora coerulea

Wild

All

Solomon Islands

b

SCLERACTINIA

Acroporidae

Montipora caliculata

Wild

All

Tonga

b

Agariciidae

Agaricia agaricites

Wild

All

Haiti

b

Caryophylliidae

Catalaphyllia jardinei

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Catalaphyllia jardinei

Wild

All

Solomon Islands

b

Euphyllia cristata

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Euphyllia divisa

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Euphyllia fimbriata

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Plerogyra spp.

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Plerogyra simplex

Wild

All

Fiji

b

Plerogyra sinuosa

Wild

All

Tonga

b

Faviidae

Favites halicora

Wild

All

Tonga

b

Platygyra sinensis

Wild

All

Tonga

b

Merulinidae

Hydnophora microconos

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Hydnophora rigida

Wild

All

Fiji

b

Mussidae

Acanthastrea spp.

Wild

All

Tonga

b

Blastomussa spp.

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Blastomussa wellsi

Wild

All

Fiji

b

Cynarina lacrymalis

Wild

All

Tonga

b

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Scolymia vitiensis

Wild

All

Tonga

b

Scolymia vitiensis

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

Pocilloporidae

Seriatopora stellata

Wild

All

Indonesia

b

Trachyphilliidae

Trachyphyllia geoffroyi

Wild

All

Fiji

b

Trachyphyllia geoffroyi

Wild

All except maricultured specimens attached to artificial substrates

Indonesia

b

FLORA

Amaryllidaceae

Galanthus nivalis

Wild

All

Bosnia and Herzegovina, Switzerland, Ukraine

b

Apocynaceae

Pachypodium inopinatum

Wild

All

Madagascar

b

Pachypodium rosulatum

Wild

All

Madagascar

b

Pachypodium rutenbergianum ssp. sofiense

Wild

All

Madagascar

b

Cycadaceae

Cycadaceae spp.

Wild

All

Madagascar, Mozambique, Vietnam

b

Euphorbiaceae

Euphorbia ankarensis

Wild

All

Madagascar

b

Euphorbia banae

Wild

All

Madagascar

b

Euphorbia berorohae

Wild

All

Madagascar

b

Euphorbia bongolavensis

Wild

All

Madagascar

b

Euphorbia bulbispina

Wild

All

Madagascar

b

Euphorbia duranii

Wild

All

Madagascar

b

Euphorbia fiananantsoae

Wild

All

Madagascar

b

Euphorbia guillauminiana

Wild

All

Madagascar

b

Euphorbia iharanae

Wild

All

Madagascar

b

Euphorbia kondoi

Wild

All

Madagascar

b

Euphorbia labatii

Wild

All

Madagascar

b

Euphorbia lophogona

Wild

All

Madagascar

b

Euphorbia millotii

Wild

All

Madagascar

b

Euphorbia neohumbertii

Wild

All

Madagascar

b

Euphorbia pachypodoides

Wild

All

Madagascar

b

Euphorbia razafindratsirae

Wild

All

Madagascar

b

Euphorbia suzannae-manieri

Wild

All

Madagascar

b

Euphorbia waringiae

Wild

All

Madagascar

b

Orchidaceae

Anacamptis pyramidalis

Wild

All

Switzerland, Turkey

b

Barlia robertiana

Wild

All

Turkey

b

Cephalanthera rubra

Wild

All

Norway

b

Cypripedium japonicum

Wild

All

China, North Korea, Japan, South Korea

b

Cypripedium macranthos

Wild

All

South Korea, Russia

b

Cypripedium margaritaceum

Wild

All

China

b

Cypripedium micranthum

Wild

All

China

b

Dactylorhiza latifolia

Wild

All

Norway

b

Dactylorhiza romana

Wild

All

Turkey

b

Dactylorhiza russowii

Wild

All

Norway

b

Dactylorhiza traunsteineri

Wild

All

Liechtenstein

b

Dendrobium bellatulum

Wild

All

Vietnam

b

Dendrobium wardianum

Wild

All

Vietnam

b

Himantoglossum hircinum

Wild

All

Switzerland

b

Nigritella nigra

Wild

All

Norway

b

Ophrys holoserica

Wild

All

Turkey

b

Ophrys insectifera

Wild

All

Liechtenstein, Norway

b

Ophrys pallida

Wild

All

Algeria

b

Ophrys sphegodes

Wild

All

Switzerland

b

Ophrys tenthredinifera

Wild

All

Turkey

b

Ophrys umbilicata

Wild

All

Turkey

b

Orchis coriophora

Wild

All

Russia, Switzerland

b

Orchis italica

Wild

All

Turkey

b

Orchis laxiflora

Wild

All

Switzerland

b

Orchis mascula

Wild/Ranched

All

Albania

b

Orchis morio

Wild

All

Turkey

b

Orchis pallens

Wild

All

Russia

b

Orchis provincialis

Wild

All

Switzerland

b

Orchis punctulata

Wild

All

Turkey

b

Orchis purpurea

Wild

All

Switzerland, Turkey

b

Orchis simia

Wild

All

Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Switzerland, Turkey

b

Orchis tridentata

Wild

All

Turkey

b

Orchis ustulata

Wild

All

Russia

b

Phalaenopsis parishii

Wild

All

Vietnam

b

Serapias cordigera

Wild

All

Turkey

b

Serapias parviflora

Wild

All

Turkey

b

Serapias vomeracea

Wild

All

Switzerland, Turkey

b

Spiranthes spiralis

Wild

All

Liechtenstein, Switzerland

b

Primulaceae

Cyclamen intaminatum

Wild

All

Turkey

b

Cyclamen mirabile

Wild

All

Turkey

b

Cyclamen pseudibericum

Wild

All

Turkey

b

Cyclamen trochopteranthum

Wild

All

Turkey

b

Stangeriaceae

Stangeriaceae spp.

Wild

All

Madagascar, Mozambique, Vietnam

b

Zamiaceae

Zamiaceae spp.

Wild

All

Madagascar, Mozambique, Vietnam

b


(1)  Animals born in captivity but for which the criteria of Chapter XIII of Regulation (EC) No 865/2006 are not met, as well as parts and derivatives thereof.


DIRECTIVES

14.8.2008   

EN

Official Journal of the European Union

L 219/40


COUNCIL DIRECTIVE 2008/73/EC

of 15 July 2008

simplifying procedures of listing and publishing information in the veterinary and zootechnical fields and amending Directives 64/432/EEC, 77/504/EEC, 88/407/EEC, 88/661/EEC, 89/361/EEC, 89/556/EEC, 90/426/EEC, 90/427/EEC, 90/428/EEC, 90/429/EEC, 90/539/EEC, 91/68/EEC, 91/496/EEC, 92/35/EEC, 92/65/EEC, 92/66/EEC, 92/119/EEC, 94/28/EC, 2000/75/EC, Decision 2000/258/EC and Directives 2001/89/EC, 2002/60/EC and 2005/94/EC

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament,

Having regard to the Opinion of the European Economic and Social Committee,

Whereas:

(1)

Community legislation in the veterinary field provides that assembly centres for bovine, porcine, caprine and ovine animals, equine marshalling centres, dealers of those animals, poultry establishments, semen collection or storage centres and embryo collection or production teams and certain bodies, institutes and centres (‘animal health establishments’) are to comply with certain conditions and must be officially approved by Member States for intra-Community trade in certain live animals and their products, and in particular animal genetic materials, such as semen, ova and embryos.

(2)

Community legislation provides for different procedures with regard to the registration, listing, updating, transmission and publication of those animal health establishments. However, differences in the procedures make the listing and the updating complicated and the practical use of those lists for the competent control services and the concerned operators very difficult.

(3)

Therefore those procedures should be harmonised and provide for more systematic, coherent and uniform rules with regard to the five key elements of such procedures, namely registration, listing, updating, transmission and publication of the lists.

(4)

In addition, since it is for the Member States to control the conditions that must be fulfilled by the different animal health establishments in order to be listed, the responsibility for the drawing up of the lists should lie with the Member States and not the Commission.

(5)

Member States should therefore draw up and keep up-to-date lists of the animal health establishments concerned and make them available to the other Member States and to the public. In order to harmonise the model forms of those lists and the way to achieve simple access to up-to-date lists for the Community, common criteria need to be established under a comitology procedure.

(6)

In the interests of clarity and consistency of Community rules, this new procedure should also apply in the zootechnical field, in particular to breeding associations approved for maintaining or establishing herd books in Member States and to information to be provided by Member States regarding equine competitions in accordance with Council Directive 90/428/EEC of 26 June 1990 on trade in equidae intended for competitions and laying down the conditions for participation therein (1).

(7)

Similarly to the rules applied to intra-Community trade, imports of semen, ova and embryos are regulated in such a way that the animal health establishments of origin in third countries are to fulfil certain conditions in order to minimise animal health risks. Accordingly, imports into the Community of such genetic materials should only be authorised from semen collection or storage centres and embryo collection or production teams officially approved for export to the Community by the competent authorities of the third country concerned in accordance with Community requirements and following Community veterinary inspections, where appropriate.

(8)

Depending on the type of genetic materials and on the species concerned, the current procedures for listing animal health establishments and updating the relevant lists are different, ranging from decisions adopted under a comitology procedure 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 (2) to a simple consultation with Member States.

(9)

The co-existence of different procedures can lead to confusion and uncertainty amongst administrative officials in third countries, the farming industry and trade operators. Since it is for the third countries to check on the conditions that must be fulfilled by the different animal health establishments in order to be listed as approved for export to the Community in accordance with Community requirements, the current legal framework for the authorisation of those establishments should be harmonised and simplified, so that the responsibility for drawing up and updating the lists lies with the third countries and not the Commission. It is important to ensure that the level of animal health guarantees given by the third country concerned is not affected. The simplification measures are without prejudice to the right of the Commission to take safeguard measures if necessary.

(10)

The different existing procedures should therefore be replaced by a procedure under which imports into the Community should only be permitted from third countries in which competent authorities draw up and keep up to date the lists and communicate them to the Commission. The Commission should inform the Member States about those lists and make them available to the public for information purposes. In the case of concerns with regard to the lists communicated by the third countries, safeguard measures are to be adopted in accordance with Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (3).

(11)

For reasons of clarity and consistency of Community legislation, that procedure should also apply to authorities in third countries approved for the purpose of keeping herd books, flock books or stud books in accordance with Community zootechnical legislation.

(12)

Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries (4) provides that in the case where animals imported from third countries are placed in a quarantine centre within Community territory, this quarantine centre must be approved and the list of quarantine centres published in the Official Journal of the European Union. In the interests of clarity and consistency of Community rules, a simplified procedure should also apply to the updating of the list of quarantine centres in the Member States.

(13)

In the veterinary field, the Commission is responsible for setting up and updating the lists of approved national reference laboratories and other approved laboratories on the basis of information provided by the Member States.

(14)

In accordance with Community legislation, amendments to those lists are made, following a request from a Member State and a decision adopted under a comitology procedure in accordance with Decision 1999/468/EC, or by the Council on a proposal from the Commission.

(15)

However, amendments to such lists are often of a purely formal nature, such as changes in the contact details of the national reference laboratories or the other approved laboratories in question.

(16)

The current practice has been to make only periodic updates of the lists of those laboratories to reduce the number of Commission decisions to be taken. However, that practice does not guarantee a rapid update of those lists. This could compromise the legal status of national reference laboratories and other approved laboratories.

(17)

Since the Member States designate the national reference laboratories and provide all the necessary details and updates, the responsibility for the drawing up of the lists of such laboratories should lie with the Member States and not the Commission. Similarly, the responsibility for drawing up lists of other approved laboratories should lie with the Member States.

(18)

Member States should therefore draw up and keep up to date the lists of the national reference laboratories and other approved laboratories concerned and make them available to the other Member States and the public. In order to harmonise the model of those lists and the way to achieve simple access to up-to-date lists for the Community, common criteria should be established under the comitology procedure.

(19)

However, where the lists concern approved laboratories situated in third countries, the Commission should continue to be responsible for drawing up and publishing the lists of such laboratories.

(20)

In order to avoid any disruption concerning applications for approval of laboratories submitted by Member States pursuant to Council Decision 2000/258/EC of 20 March 2000 designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines (5), transitional measures should be provided for in this Directive.

(21)

Article 6(2)(a) of Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (6) provides that bovine animals for breeding and production intended for intra-Community trade must come from an officially tuberculosis-free herd and, if more than six weeks old, have reacted negatively to an intradermal tuberculin test carried out during the 30 days prior to leaving the herd of origin. Due to traditional farming and trade practices, some Member States have encountered difficulties to comply with this pre-movement testing. It is therefore necessary to provide for the possibility of carrying out the intradermal tuberculin test at a place other than the holding of origin to be established under the comitology procedure.

(22)

Moreover, certain Annexes to Directive 64/432/EEC, which are of purely technical nature such as those relating to animal health tests, the list of compulsory notifiable diseases or the animal health certificates, should be amended by means of the comitology procedure to be able to rapidly take account of new scientific developments. However, the amendment of Annexes laying down detailed conditions with regard to the disease-free status, which may have an impact on intra-Community trade, should be reserved for the Council.

(23)

Technological and scientific developments have taken place since the beginning of the 1990s in the collection and the production of genetic materials. Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (7) has not been updated to take account of this evolution and of the new OIE standards. It is therefore appropriate to amend the said Directive and to bring into its scope, provisions in respect of trade in and imports of genetic material derived from animals other than those of the ovine, caprine, equine and porcine species. Further, pending the establishment of detailed harmonised rules in this field, Member States should be allowed to apply national rules. Similarly, pending the establishment of detailed harmonised rules in respect of imports of animals covered by that Directive, Member States should be allowed to apply national rules.

(24)

The Council, in accordance with point 34 of the Interinstitutional Agreement on better law-making (8), should encourage the Member States to draw up, for themselves and in the interest of the Community their own tables, which will, as far as possible, illustrate the correlation between the Directive and the transposition measures and to make them public.

(25)

Council Directives 64/432/EEC, 77/504/EEC (9), 88/407/EEC (10), 88/661/EEC (11), 89/361/EEC (12), 89/556/EEC (13), 90/426/EEC (14), 90/427/EEC (15), 90/428/EEC, 90/429/EEC (16), 90/539/EEC (17), 91/68/EEC (18), 91/496/EEC, 92/35/EEC (19), 92/65/EEC, 92/66/EEC (20), 92/119/EEC (21), 94/28/EC (22), 2000/75/EC (23), Decision 2000/258/EC, Council Directives 2001/89/EC (24), 2002/60/EC (25), and 2005/94/EC (26) should therefore be amended accordingly,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 64/432/EEC

Directive 64/432/EEC is hereby amended as follows:

1.

in Article 6, the first subparagraph of paragraph 2(a) shall be replaced by:

‘come from an officially tuberculosis-free bovine herd, and in the case of animals more than six weeks old, have reacted negatively to an intradermal tuberculin test carried out in accordance with the provisions of point 2.2 of Annex B either during the 30 days prior to leaving the herd of origin or in a place and under conditions to be defined in accordance with the procedure referred to in Article 17.’;

2.

the following Article shall be inserted:

‘Article 6a

Member States shall designate State institutes, national reference laboratories or official institutes responsible for coordinating the standards and methods of diagnosis referred to in Annexes A to D. They shall maintain up-to-date lists thereof and make them available to the other Member States and to the public.

The tasks and responsibilities of those State institutes, national reference laboratories and official institutes are set out in Annexes B and C and Chapter II of Annex D.

Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 17(2).’;

3.

in Article 11, paragraph 3 shall be replaced by the following:

‘3.   The competent authority shall issue an approval number to each approved assembly centre. Approvals of assembly centres may be limited to a particular species or to animals for breeding and production or to animals for slaughter.

The competent authority shall draw up and keep up to date a list of approved assembly centres and their approval numbers and make it available to the other Member States and to the public.’;

4.

in Article 13, the following paragraphs shall be added:

‘5.   Member States shall draw up and keep up to date a list of approved dealers and registered premises used by dealers in connection with their business and their approval numbers and make that list available to the other Member States and to the public.

6.   Detailed rules for the uniform application of paragraph 5 may be adopted in accordance with the procedure referred to in Article 17(2).’;

5.

Article 16 shall be replaced by the following:

‘Article 16

Annexes A and D (Chapter I) shall be amended by the Council, acting by a qualified majority on a Commission proposal, in particular with regard to their adaptation to technological and scientific developments.

Annexes B, C, D (Chapter II), E and F shall be amended by the Commission in accordance with the procedure referred to in Article 17.’;

6.

Annex B shall be amended as follows:

(a)

point 4.1 shall be replaced by the following:

‘4.1.   Tasks and responsibilities

The State institutes, national reference laboratories or official institutes designated in accordance with Article 6a shall be responsible for the official testing of tuberculins or reagents referred to in paragraphs 2 and 3 respectively in their respective Member States to ensure that each of these tuberculins or reagents is adequate in relation to the standards referred to in point 2.1 and paragraph 3 respectively.’;

(b)

point 4.2 shall be deleted;

7.

Annex C shall be amended as follows:

(a)

in point 4.1, the introductory sentence shall be replaced by the following:

‘National reference laboratories designated in accordance with Article 6a shall be responsible for:’;

(b)

point 4.2 shall be deleted;

8.

in Annex D, Chapter II.A, points 2 and 3 shall be replaced by the following:

‘2.

The State institutes, national reference laboratories or official institutes designated in accordance with Article 6a for coordinating standards and methods of diagnosis of the tests for enzootic bovine leucosis must be made responsible for calibrating the standard working antigen of the laboratory against the official EC standard serum (EI serum) provided by the National Veterinary Institute, Technical University of Denmark.

3.

The standard antigens used in the laboratory must be submitted at least once a year to the State institutes, national reference laboratories or official institutes designated in accordance with Article 6a, for testing against the official EC standard serum. Apart from such standardisation, the antigen in use may be calibrated in accordance with the method described in B.’.

Article 2

Amendments to Directive 77/504/EEC

The following Article shall be inserted in Directive 77/504/EEC:

‘Article 4a

1.   Member States shall draw up and keep up to date a list of bodies as referred to in Article 1(b), first indent, which are officially recognised for the purpose of maintaining or establishing herd books and make it available to the other Member States and to the public.

2.   Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 8(2).’.

Article 3

Amendments to Directive 88/407/EEC

Directive 88/407/EEC is hereby amended as follows:

1.

in Article 5, paragraph 2 shall be replaced by the following:

‘2.   All semen collection or storage centres shall be registered, each centre being given a veterinary registration number. Each Member State shall draw up and keep up to date a list of semen collection or storage centres and their veterinary registration numbers and make it available to the other Member States and to the public.

3.   Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 18(2).’;

2.

Article 9 shall be replaced by the following:

‘Article 9

1.   Member States shall only authorise imports of semen dispatched from a semen collection or storage centre situated in one of the third countries appearing on the list referred to in Article 8 and for which the competent authority of the third country concerned is able to give the guarantees that the following conditions are met:

(a)

it meets the conditions:

(i)

for approval of semen collection centres or storage centres set out in Chapter I of Annex A;

(ii)

relating to the supervision of such centres set out in Chapter II thereof;

(b)

it has been officially approved by the competent authority of the third country for exports to the Community;

(c)

it is placed under the supervision of a centre veterinarian;

(d)

it is subject to inspections by an official veterinarian of the third country at least twice a year.

2.   The list of semen collection or storages centres that the competent authority of the third country appearing on the list referred to in Article 8 has approved in accordance with the conditions set out in paragraph 1 of this Article and from which semen may be dispatched to the Community shall be communicated to the Commission.

The approval of a semen collection or storage centre must be immediately suspended or withdrawn by the competent authority of the third country where it no longer complies with the conditions set out in paragraph 1 and the Commission must be immediately informed thereof.

The Commission shall provide the Member States with any new and updated lists that it receives from the competent authority of the third country in accordance with this paragraph and shall make them available to the public for information purposes.

3.   Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 18(2).’;

3.

Article 12 shall be replaced by the following:

‘Article 12

The rules laid down in Directive 97/78/EC shall apply, in particular to the organisation of, and follow-up to the checks to be carried out by the Member States and the safeguard measures to be applied in accordance with the procedure referred to in Article 22 of that Directive.’.

Article 4

Amendments to Directive 88/661/EEC

Directive 88/661/EEC is hereby amended as follows:

1.

the following Article shall be inserted:

‘Article 4a

Member States shall draw up and keep up to date a list of bodies as referred to in Article 1(c), first indent, and make it available to the other Member States and to the public.

Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 11(2).’;

2.

the following Article shall be inserted:

‘Article 7a

Member States shall draw up and keep up to date a list of bodies as referred to in Article 1(d), first indent, and make it available to the other Member States and to the public.

Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 11(2).’.

Article 5

Amendments to Directive 89/361/EEC

Article 5 of Directive 89/361/EEC shall be replaced by the following:

‘Article 5

Member States shall draw up and keep up to date a list of bodies as referred to in Article 2(b), first indent, which are officially approved for the purpose of maintaining or establishing flock books and which meet the criteria determined in accordance with the first indent of Article 4 and make it available to the other Member States and to the public.

Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 8.’.

Article 6

Amendments to Directive 89/556/EEC

Directive 89/556/EEC is hereby amended as follows:

1.

in Article 5(2), the first subparagraph shall be replaced by the following:

‘2.   The competent authority of each Member State concerned shall register embryo collection teams and give a veterinary registration number to each team.

Each Member State shall draw up and keep up to date a list of embryo collection teams and their veterinary registration numbers and make it available to the other Member States and to the public.’;

2.

Article 8 shall be replaced by the following:

‘Article 8

1.   Member States shall only authorise imports of embryos dispatched from an embryo collection or production team situated in one of the third countries appearing on the list referred to in Article 7 and for which the competent authority of the third country concerned is able to give the guarantees that the following conditions are met:

(a)

it meets the conditions:

(i)

for the approval of embryo collection and embryo production teams set out in Chapter I of Annex A;

(ii)

relating to the collection, processing, storage and transport of embryos by such teams set out in Chapter II of that Annex;

(b)

it has been officially approved by the competent authority of the third country for exports to the Community;

(c)

it is subject to inspections by an official veterinarian of the third country at least twice a year.

2.   The list of embryo collection or production teams that the competent authority of the third country appearing on the list referred to in Article 7 has approved in accordance with the conditions set out in paragraph 1 of this Article and from which embryos may be dispatched to the Community shall be communicated to the Commission.

The approval of an embryo collection or production team must be immediately suspended or withdrawn by the competent authority of the third country where it no longer complies with the conditions set out in paragraph 1 and the Commission must be immediately informed thereof.

The Commission shall provide the Member States with any new and updated lists that it receives from the competent authority of the third country concerned in accordance with this paragraph and shall make them available to the public for information purposes.

3.   Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 18(2).’;

3.

Article 11 shall be replaced by the following:

‘Article 11

The rules laid down in Directive 97/78/EC shall apply, in particular to the organisation of, and follow-up to the checks to be carried out by the Member States and the safeguard measures to be applied in accordance with the procedure referred to in Article 22 of that Directive.’.

Article 7

Amendments to Directive 90/426/EEC

In Article 7 of Directive 90/426/EEC, paragraph 1 shall be replaced by the following:

‘1.   The equidae must be transported, as soon as possible, from the holding of origin either directly or via an approved market or marshalling centre as defined as “assembly centre” in Article 2(2)(o) of Directive 64/432/EEC to the place of destination in vehicles or containers which have been regularly cleansed and disinfected with a disinfectant at intervals to be fixed by the Member State of dispatch. The vehicles must be designed in such a way that equidae droppings, litter or fodder cannot escape from the vehicle during transportation. Transportation must be effected in such a way that the health and well-being of the equidae can be protected effectively.’.

Article 8

Amendments to Directive 90/427/EEC

Article 5 of Directive 90/427/EEC shall be replaced by the following:

‘Article 5

Member States shall draw up and keep up to date the list of bodies maintaining or establishing studbooks as referred to in Article 2(c), first indent, which are approved or recognised on the basis of the criteria determined in accordance with Article 4(2)(a) and make it available to the other Member States and to the public.

Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 10.’.

Article 9

Amendments to Directive 90/428/EEC

In Article 4 of Directive 90/428/EEC, paragraph 2 shall be replaced by the following:

‘2.   However,

the obligations referred to in Article 3 shall not affect the organisation of:

(a)

competitions reserved for equidae registered in a specific stud book for the purpose of permitting the improvement of the breed;

(b)

regional competitions with a view to selecting equidae;

(c)

historic or traditional events.

Member States intending to avail themselves of these possibilities shall make this intention and the justifications thereof available to the other Member States and to the public beforehand;

for each competition or type of competition Member States shall be authorised to reserve, through the bodies officially approved or recognised for that purpose, a certain percentage of the prize money or profits referred to in paragraph 1(c) for the safeguard, development and improvement of breeding.

The percentage may not exceed 20 % from 1993.

The criteria for the distribution of these funds in the Member State concerned shall be made available to the other Member States and to the public.’.

Article 10

Amendments to Directive 90/429/EEC

Directive 90/429/EEC is hereby amended as follows:

1.

in Article 5, paragraph 2 shall be replaced by the following:

‘2.   All semen collection centres shall be registered, each centre being given a veterinary registration number.

Each Member State shall draw up and keep up to date a list of semen collection centres and their veterinary registration numbers and make it available to the other Member States and to the public.’;

2.

Article 8 shall be replaced by the following:

‘Article 8

1.   Member States shall only authorise imports of semen dispatched from a semen collection centre situated in one of the third countries appearing on the list referred to in Article 7 and for which the competent authority of the third country concerned is able to give the guarantees that the following conditions are met:

(a)

it meets the conditions:

(i)

for the approval of semen collection centres set out in Chapter I of Annex A;

(ii)

relating to the supervision of such centres set out in Chapter II thereof;

(b)

it has been officially approved by the competent authority of the third country for exports to the Community;

(c)

it is placed under the supervision of a centre veterinarian;

(d)

it is subject to inspections by an official veterinarian of the third country concerned at least twice a year.

2.   The list of semen collection centres that the competent authority of the third country appearing on the list referred to in Article 7 has approved in accordance with the conditions set out in paragraph 1 of this Article and from which semen may be dispatched to the Community shall be communicated to the Commission.

The approval of a semen collection centre must be immediately suspended or withdrawn by the competent authority of the third country where it no longer complies with the conditions set out in paragraph 1 and the Commission must be immediately informed thereof.

The Commission shall provide the Member States with any new and updated lists that it receives from the competent authority of the third country concerned in accordance with this paragraph and shall make them available to the public for information purposes.

3.   Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 18(2).’;

3.

in Article 15, paragraph 2 shall be replaced by the following:

‘2.   The rules laid down in Directive 97/78/EC shall apply, in particular to the organisation of, and follow-up to the checks to be carried out by the Member States and the safeguard measures to be applied in accordance with the procedure referred to in Article 22 of that Directive.’.

Article 11

Amendments to Directive 90/539/EEC

Directive 90/539/EEC is hereby amended as follows:

1.

Article 4 shall be replaced by the following:

‘Article 4

Each Member State shall designate a national reference laboratory to be responsible for coordinating the diagnostic methods provided for in this Directive and their use by the approved laboratories located in its territory.

Each Member State shall make the details of its national reference laboratory, and any subsequent changes, available to the other Member States and to the public.

Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 32(2).’;

2.

the following Article shall be inserted:

‘Article 6a

Each Member State shall draw up and keep up to date a list of establishments approved in accordance with point 1(a) of Article 6 and their distinguishing numbers, and shall make it available to the other Member States and to the public.

Detailed rules for the uniform application of this article may be adopted in accordance with the procedure referred to in Article 32.’;

3.

Annex I shall be amended as follows:

(i)

point 1 shall be deleted;

(ii)

point 2 shall be replaced by the following:

‘2.

The national reference laboratories for avian diseases designated in accordance with Article 4 shall be responsible in each Member State for coordinating the diagnostic methods provided for in this Directive. To this end:

(a)

they may supply approved laboratories with the reagents needed for diagnostic testing;

(b)

they shall monitor the quality of reagents used by the laboratories approved for the purpose of carrying out the diagnostic tests provided for in this Directive;

(c)

they shall organise periodic comparative tests.’.

Article 12

Amendments to Directive 91/68/EEC

Directive 91/68/EEC is hereby amended as follows:

1.

in Article 8a, paragraph 3 shall be replaced by the following:

‘3.   The competent authority shall issue an approval number to each approved assembly centre. Approvals may be limited to one or more species covered by this Directive or to animals for breeding or fattening, or to animals for slaughter.

The competent authority shall draw up and keep up to date a list of approved assembly centres and their unique approval numbers and make it available to the other Member States and to the public.’;

2.

in Article 8b, the following paragraph shall be added:

‘5.   Member States shall draw up and keep up to date a list of approved dealers and registered premises used by dealers in connection with their business and their approval numbers and shall make it available to the other Member States and to the public.

Detailed rules for the uniform application of this paragraph may be adopted in accordance with the procedure referred to in Article 15(2).’.

Article 13

Amendments to Directive 91/496/EEC

In Article 10 of Directive 91/496/EEC, paragraph 4 shall be replaced by the following:

‘4.

(a)

The procedure laid down in Article 22 must be followed for the approval and subsequent updating of the list of quarantine centres referred to in the first indent of paragraph 1. The Commission shall publish the list of these quarantine centres and any subsequent updates in the Official Journal of the European Union.

(b)

Quarantine centres referred to in the second indent of paragraph 1 and the first indent of paragraph 2 that fulfil the conditions laid down in Annex B shall be approved by the Member States, each centre being given an approval number. Each Member State shall draw up and keep up to date a list of approved quarantine centres and their approval numbers and make it available to the other Member States and to the public. Quarantine centres shall be subject to the inspection provided for in Article 19.

Detailed rules for the uniform application of this subparagraph may be adopted in accordance with the procedure referred to in Article 22.’.

Article 14

Amendments to Directive 92/35/EEC

Directive 92/35/EEC is hereby amended as follows:

1.

Article 14 shall be replaced by the following:

‘Article 14

1.   Member States shall designate a national laboratory to carry out the laboratory examinations provided for in this Directive, and shall make the details of that laboratory, and any subsequent changes, available to the other Member States and to the public.

Detailed rules for the uniform application of this paragraph may be adopted in accordance with the procedure referred to in Article 19.

2.   The functions and duties of the national laboratories designated in accordance with paragraph 1 are set out in Annex I.

3.   The national laboratories designated in accordance with paragraph 1 shall liaise with the Community reference laboratory referred to in Article 15.’;

2.

in Annex I, Section A shall be deleted.

Article 15

Amendments to Directive 92/65/EEC

Directive 92/65/EEC is hereby amended as follows:

1.

Article 11 shall be replaced by the following:

‘Article 11

1.   The Member States shall ensure that, without prejudice to the decisions to be taken in implementation of Articles 21 and 23, only semen, ova and embryos meeting the conditions laid down in paragraphs 2, 3, 4 and 5 are the subject of trade.

2.   Semen of the ovine, caprine and equine species must, without prejudice to any criteria to be complied with for the entry of equids in stud books for certain specific breeds:

have been collected, processed and stored with a view to artificial insemination in a centre approved from the health point of view in accordance with Annex D(I), or, in the case of ovine and caprine animals by way of derogation from the above, in a holding satisfying the requirements of Directive 91/68/EEC,

have been collected from animals meeting the conditions laid down in Annex D(II),

have been collected, processed, preserved, stored and transported in accordance with Annex D(III),

have been accompanied during transport to another Member State by a health certificate corresponding to a specimen to be determined in accordance with the procedure referred to in Article 26.

3.   Ova and embryos of the ovine, caprine, equine and porcine species must:

have been removed from donor females meeting the conditions laid down in Annex D(IV) by a collection team or have been produced by a production team approved by the competent authority of the Member State and satisfying the conditions to be established in Annex D(I) in accordance with the procedure referred to in Article 26,

have been collected, processed and preserved in an appropriate laboratory, stored and transported in accordance with Annex D(III),

be accompanied during transport to another Member State by a health certificate corresponding to a specimen to be determined in accordance with the procedure referred to in Article 26.

Semen used for the insemination of donor females must comply with the provisions of paragraph 2 in the case of sheep, goats and equids and with the provisions of Directive 90/429/EEC for swine.

Any additional guarantees may be determined in accordance with the procedure referred to in Article 26.

4.   The approved centres referred to in the first indent of paragraph 2 and the approved teams referred to in the first indent of paragraph 3 shall be registered by the competent authority of the Member State concerned, each centre and team being given a veterinary registration number.

Each Member State shall draw up and keep up to date a list of those approved centres and teams and their veterinary registration numbers and shall make it available to the other Member States and to the public.

Detailed rules for the uniform application of this paragraph may be adopted in accordance with the procedure referred to in Article 26.

5.   The animal health requirements and the specimen health certificates applicable to semen, ova and embryos of species not mentioned in paragraphs 2 and 3 shall be established in accordance with the procedure referred to in Article 26.

Pending the establishment of animal health requirements and specimen health certificates for trade in such semen, ova and embryos, national rules shall continue to apply.’;

2.

in Article 13(2), point (d) shall be replaced by the following:

‘(d)

All approved bodies, institutes and centres shall be registered and issued with an approval number by the competent authority.

Each Member State shall draw up and keep up to date a list of approved bodies, institutes and centres and their approval numbers and shall make it available to the other Member States and to the public.

Detailed rules for the uniform application of this point may be adopted in accordance with the procedure referred to in Article 26.’;

3.

in Article 17, paragraph 2 and 3 shall be replaced by the following:

‘2.   Only animals, semen, ova and embryos referred to in Article 1 which satisfy the following requirements may be imported into the Community:

(a)

they must come from a third country on a list to be drawn up in accordance with paragraph 3(a);

(b)

they must be accompanied by the health certificate corresponding to a specimen to be drawn up in accordance with the procedure referred to in Article 26, signed by the competent authority of the exporting country and certifying that,

(i)

the animals

meet the additional conditions or offer the equivalent guarantees referred to in paragraph 4, and

come from approved centres, bodies, institutes offering guarantees at least equivalent to those in Annex C;

(ii)

semen, ova and embryos come from approved collection and storage centres or collection and production teams offering guarantees at least equivalent to those to be established in Annex D(I) in accordance with the procedure referred to in Article 26.

Pending the establishment of lists of third countries, approved establishments listed in point (b), animal health requirements and specimen health certificates as referred to in paragraphs (a) and (b), national rules shall continue to apply provided they are not more favourable than those laid down in Chapter II.

3.   The following shall be established:

(a)

in accordance with the procedure referred to in Article 26, a list of third countries or parts of third countries able to provide Member States and the Commission with guarantees equivalent to those provided for in Chapter II in relation to animals, semen, ova and embryos;

(b)

in accordance with this point, a list of approved centres or teams as referred to in the first indent of paragraph 2 of Article 11 and the first indent of paragraph 3 of that article situated in one of the third countries appearing on the list referred to in point (a) of this paragraph and for which the competent authority is able to give the guarantees provided for in Article 11(2) and (3).

The list of approved centres and teams referred to in the first subparagraph and their veterinary registration numbers shall be communicated to the Commission.

The approval of centres or teams must be immediately suspended or withdrawn by the competent authority of the third country where it no longer complies with the conditions referred to in Article 11(2) and (3) and the Commission must be immediately informed thereof.

The Commission shall provide the Member States with any new and updated lists that it receives from the competent authority of the third country in accordance with the second and third subparagraphs and shall make them available to the public for information purposes.

Detailed rules for the uniform application of this point may be adopted in accordance with the procedure referred to in Article 26;

(c)

in accordance with the procedure referred to in Article 26, the specific animal health requirements, in particular for the protection of the Community from certain exotic diseases, or guarantees equivalent to those provided for in this Directive.

The specific requirements and equivalent guarantees established for third countries may not be more favourable than those provided for in Chapter II.’;

4.

in Article 20, the first paragraph shall be replaced by the following:

‘The rules laid down in Directive 97/78/EC shall apply in particular to the organisation of, and follow-up to the checks to be carried out by the Member States and the safeguard measures to be applied in accordance with the procedure referred to in Article 22 of that Directive.’.

Article 16

Amendments to Directive 92/66/EEC

Directive 92/66/EEC is hereby amended as follows:

1.

Article 14 shall be amended as follows:

(a)

paragraph 2 shall be replaced by the following:

‘2.   The national laboratories referred to in paragraph 1 shall be responsible for coordinating standards and methods of diagnosis, use of reagents and testing of vaccines.’;

(b)

in paragraph 3, the introductory phrase shall be replaced by the following:

‘3.   The national laboratories referred to in paragraph 1 shall be responsible for coordinating the standards and diagnostic methods laid down in each Newcastle-disease diagnostic laboratory within the Member State. To this end:’;

(c)

paragraph 4 shall be replaced by the following:

‘4.   The national laboratories referred to in paragraph 1 shall liaise with the Community reference laboratory referred to in Article 15.

5.   Member States shall maintain up-to-date lists of the national laboratories or institutes referred to in paragraph 1 and make them available to the other Member States and to the public.

Detailed rules for the uniform application of this paragraph may be adopted in accordance with the procedure referred to in Article 25(2).’;

2.

Annex IV shall be deleted.

Article 17

Amendments to Directive 92/119/EEC

Directive 92/119/EEC is hereby amended as follows:

1.

in Article 17, paragraph 5 shall be replaced by the following:

‘5.   Member States shall maintain up-to-date lists of the national laboratories referred to in paragraph 1 and make them available to the other Member States and to the public.’;

2.

in Annex II, point 5 shall be deleted.

Article 18

Amendments to Directive 94/28/EC

Directive 94/28/EC is hereby amended as follows:

1.

Article 3 shall be amended as follows:

(a)

paragraph 1 shall be replaced by the following:

‘1.   A list of bodies in respect of the species and/or races concerned that the competent authority of the third country has approved for the purpose of this Directive shall be communicated to the Commission.

The approval of a body must be immediately suspended or withdrawn by the competent authority of the third country where it no longer complies with the conditions referred to in Article 3(2)(b) and the Commission must be immediately informed thereof.

The Commission shall provide the Member States with any new and updated lists that it receives from the competent authority of the third country concerned in accordance with the second subparagraph and shall make them available to the public for information purposes.’;

(b)

in paragraph 2, point (a) shall be deleted;

(c)

paragraph 3 shall be deleted;

2.

in Article 10, the following paragraph shall be added:

‘Where any serious infringement to the provisions in Article 3(2)(b) so warrants, in particular in the light of findings in relation to on-the-spot checks referred to in the first paragraph of this Article, measures may be adopted to suspend the import of animals, semen, ova and embryos referred to in Article 1(1) in accordance with the procedure referred to in Article 12.’.

Article 19

Amendments to Directive 2000/75/EC

Directive 2000/75/EC is hereby amended as follows:

1.

Article 15 shall be replaced by the following:

‘Article 15

1.   Member States shall designate a national laboratory responsible for carrying out the laboratory tests provided for by this Directive, and shall make the details of that laboratory, and any subsequent changes, available to the other Member States and to the public.

Detailed rules for the uniform application of this paragraph may be adopted in accordance with the procedure referred to in Article 20(2).

2.   The tasks of the national laboratories designated in accordance with paragraph 1 are listed in Annex I.

3.   The national laboratories designated in accordance with paragraph 1 of this Article shall liaise with the Community reference laboratory referred to in Article 16.’;

2.

in Annex I, Section A shall be deleted.

Article 20

Amendments to Decision 2000/258/EC

Decision 2000/258/EC is hereby amended as follows:

1.

Article 3 shall be replaced by the following:

‘Article 3

1.   On the basis of a favourable result of the appraisal of an applicant laboratory in a Member State, documented by AFSSA, Nancy, the competent authority of the Member State may authorise the applicant laboratory to carry out the serological tests to monitor the effectiveness of rabies vaccines.

Member States shall draw up and keep up to date a list of those laboratories that they have authorised and shall make it available to the other Member States and to the public.

2.   On the basis of a favourable result of the appraisal of an applicant laboratory in a third country documented by AFSSA, Nancy, and following an application for approval from the competent authority of the third country of origin of the applicant laboratory, such laboratory shall be authorised in accordance with the procedure referred to in Article 5(2) to carry out serological tests to monitor the effectiveness of rabies vaccines.

3.   Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 5(2).’;

2.

the following Article shall be inserted:

‘Article 5a

Applications for approval of laboratories submitted by the Member States prior to 1 January 2010, in accordance with Article 3 and Annex II, shall continue to be governed by this Decision, in its version before 3 September 2008.’;

3.

Annexes I and II shall be replaced by the text in the Annex to this Directive.

Article 21

Amendments to Directive 2001/89/EC

Directive 2001/89/EC is hereby amended as follows:

1.

in Article 17(1), point (b) shall be replaced by the following:

‘(b)

a national laboratory is responsible for coordinating standards and methods of diagnosis in each Member State in accordance with the provisions of Annex III.

Member States shall make the details of their national laboratory, and any subsequent changes, available to the other Member States and to the public in a manner that may be specified in accordance with the procedure referred to in Article 26(2).’;

2.

Annex III shall be amended as follows:

(a)

the title shall be replaced by the following:

‘Duties of national laboratories for classical swine fever’;

(b)

point 1 shall be deleted.

Article 22

Amendments to Directive 2002/60/EC

Directive 2002/60/EC is hereby amended as follows:

1.

in Article 18(1), point (b) shall be replaced by the following:

‘(b)

a national laboratory is responsible for coordinating standards and diagnostic methods in each Member State in accordance with Annex IV.

Member States shall make the details of their national laboratory, and any subsequent changes, available to the other Member States and to the public in a manner that may be specified in accordance with the procedure referred to in Article 23(2).’;

2.

Annex IV shall be amended as follows:

(a)

the title shall be replaced by the following:

‘Duties of national laboratories for African swine fever’;

(b)

point 1 shall be deleted.

Article 23

Amendments to Directive 2005/94/EC

In Article 51 of Directive 2005/94/EC, paragraph 2 shall be replaced by the following:

‘2.   Member States shall designate a national reference laboratory and shall make the details thereof, and any subsequent changes, available to the other Member State and to the public in a manner that may be specified in accordance with the procedure referred to in Article 64(2).’.

Article 24

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 2010 at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by the Directive.

Article 25

Entry into force

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

Article 26

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 15 July 2008.

For the Council

The President

M. BARNIER


(1)  OJ L 224, 18.8.1990, p. 60.

(2)  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).

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

(4)  OJ L 268, 24.9.1991, p. 56. Directive as last amended by Directive 2006/104/EC.

(5)  OJ L 79, 30.3.2000, p. 40. Decision as last amended by Commission Decision 2003/60/EC (OJ L 23, 28.1.2003, p. 30).

(6)  OJ 121, 29.7.1964, p. 1977/64. Directive as last amended by Commission Decision 2007/729/EC (OJ L 294, 13.11.2007, p. 26).

(7)  OJ L 268, 14.9.1992, p. 54. Directive as last amended by Commission Decision 2007/265/EC (OJ L 114, 1.5.2007, p. 17).

(8)  OJ C 321, 31.12.2003, p. 1. Corrected by OJ C 4, 8.1.2004, p. 7.

(9)  OJ L 206, 12.8.1977, p. 8. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(10)  OJ L 194, 22.7.1988, p. 10. Directive as last amended by Commission Decision 2008/120/EC (OJ L 42, 16.2.2008, p. 63).

(11)  OJ L 382, 31.12.1988, p. 36. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(12)  OJ L 153, 6.6.1989, p. 30.

(13)  OJ L 302, 19.10.1989, p. 1. Directive as last amended by Commission Decision 2006/60/EC (OJ L 31, 3.2.2006, p. 24).

(14)  OJ L 224, 18.8.1990, p. 42. Directive as last amended by Directive 2006/104/EC.

(15)  OJ L 224, 18.8.1990, p. 55.

(16)  OJ L 224, 18.8.1990, p. 62. Directive as last amended by Regulation (EC) No 806/2003.

(17)  OJ L 303, 31.10.1990, p. 6. Directive as last amended by Commission Decision 2007/729/EC (OJ L 294, 13.11.2007, p. 26).

(18)  OJ L 46, 19.2.1991, p. 19. Directive as last amended by Directive 2006/104/EC.

(19)  OJ L 157, 10.6.1992, p. 19. Directive as last amended by Commission Decision 2007/729/EC.

(20)  OJ L 260, 5.9.1992, p. 1. Directive as last amended by Directive 2006/104/EC.

(21)  OJ L 62, 15.3.1993, p. 69. Directive as last amended by Commission Directive 2007/10/EC (OJ L 63, 1.3.2007, p. 24).

(22)  OJ L 178, 12.7.1994, p. 66.

(23)  OJ L 327, 22.12.2000, p. 74. Directive as last amended by Commission Decision 2007/729/EC.

(24)  OJ L 316, 1.12.2001, p. 5. Directive as last amended by Commission Decision 2007/729/EC.

(25)  OJ L 192, 20.7.2002, p. 27. Directive as last amended by Commission Decision 2007/729/EC.

(26)  OJ L 10, 14.1.2006, p. 16.


ANNEX

ANNEX I

AFSSA, Nancy

Laboratoire d’études sur la rage et la pathologie des animaux sauvages

Technopôle agricole et vétérinaire

BP 40 009

54220 Malzéville Cedex

France

ANNEX II

The specific institute responsible for establishing the criteria necessary for standardising the serological test to monitor the action of rabies vaccines shall:

coordinate the establishment, improvement and standardisation of methods of serological titration on carnivores vaccinated against rabies,

appraise those laboratories in Member States which have submitted an application to perform the serological titrations referred to in the first indent; the result of this appraisal must be sent to the applicant laboratory and to the competent authorities of the Member State where the result is favourable for the purposes of approval,

appraise those laboratories in third countries which have submitted an application to perform the serological titrations referred to in the first indent; the result of this appraisal must be sent to the applicant laboratory and to the Commission where the result is favourable for the purpose of approval,

provide any useful information on analysis methods and comparative trials to those laboratories and organise training sessions and further training courses for their staff,

organise inter-laboratory aptitude tests (proficiency tests),

provide scientific and technical assistance to the Commission and the competent authorities concerned on the matters referred to in this Annex, in particular in cases of disagreement on results of serological titrations.


14.8.2008   

EN

Official Journal of the European Union

L 219/55


COMMISSION DIRECTIVE 2008/83/EC

of 13 August 2008

amending Directive 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (1), and in particular Article 7(2)(a) and (b) thereof,

Whereas:

(1)

Commission Directive 2003/91/EC (2) was adopted to ensure that the varieties the Member States include in their national catalogues comply with the guidelines established by the Community Plant Variety Office (CPVO) as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining the varieties, as far as such guidelines had been established. For other varieties the Directive provides that guidelines of the International Union for Protection of new Varieties of Plants (UPOV) are to apply.

(2)

The CPVO and UPOV have since issued further guidelines for a number of other species, and have updated existing ones.

(3)

Directive 2003/91/EC should therefore be amended accordingly.

(4)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annexes I and II to Directive 2003/91/EC are replaced by the text in the Annex to this Directive.

Article 2

For examinations started before 1 November 2008 Member States may apply Directive 2003/91/EC in the version applying before its amendment by this Directive.

Article 3

Member States shall adopt and publish, by 31 October 2008 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from 1 November 2008.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 4

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

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 13 August 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission


(1)  OJ L 193, 20.7.2002, p. 33. Directive as last amended by Commission Directive 2006/124/EC (OJ L 339, 6.12.2006, p. 12).

(2)  OJ L 254, 8.10.2003, p. 11. Directive as last amended by Directive 2007/49/EC (OJ L 195, 27.7.2007, p. 33).


ANNEX

ANNEX I

List of species referred to in Article 1(2)(a) which are to comply with CPVO test protocols

Scientific name

Common name

CPVO protocol

Allium cepa L. (Cepa group)

Onion and Echalion

TP 46/1 of 14.6.2005

Allium cepa L. (Aggregatum group)

Shallot

TP 46/1 of 14.6.2005

Allium porrum L.

Leek

TP 85/1 of 15.11.2001

Allium sativum L.

Garlic

TP 162/1 of 25.3.2004

Apium graveolens L.

Celery

TP 82/1 of 13.3.2008

Apium graveolens L.

Celeriac

TP 74/1 of 13.3.2008

Asparagus officinalis L.

Asparagus

TP 130/1 of 27.3.2002

Brassica oleracea L.

Cauliflower

TP 45/1 of 15.11.2001

Brassica oleracea L.

Sprouting Broccoli or Calabrese

TP 151/2 of 21.3.2007

Brassica oleracea L.

Brussels sprouts

TP 54/2 of 1.12.2005

Brassica oleracea L.

Kohlrabi

TP 65/1 of 25.3.2004

Brassica oleracea L.

Savoy cabbage, White cabbage and Red cabbage

TP 48/2 of 1.12.2005

Brassica rapa L.

Chinese cabbage

TP 105/1 of 13.3.2008

Capsicum annuum L.

Chilli or Pepper

TP 76/2 of 21.3.2007

Cichorium endivia L.

Curled-leaved endive and Plain-leaved endive

TP 118/2 of 1.12.2005

Cichorium intybus L.

Industrial chicory

TP 172/2 of 1.12.2005

Cichorium intybus L.

Witloof chicory

TP 173/1 of 25.3.2004

Citrullus lanatus (Thunb.) Matsum. & Nakai

Watermelon

TP 142/1 of 21.3.2007

Cucumis melo L.

Melon

TP 104/2 of 21.3.2007

Cucumis sativus L.

Cucumber and Gherkin

TP 61/2 of 13.3.2008

Cucurbita pepo L.

Marrow or Courgette

TP 119/1 of 25.3.2004

Cynara cardunculus L.

Globe artichoke and Cardoon

TP 184/1 of 25.3.2004

Daucus carota L.

Carrot and Fodder carrot

TP 49/3 of 13.3.2008

Foeniculum vulgare Mill.

Fennel

TP 183/1 of 25.3.2004

Lactuca sativa L.

Lettuce

TP 13/3 of 21.3.2007

Lycopersicon esculentum Mill.

Tomato

TP 44/3 of 21.3.2007

Petroselinum crispum (Mill.) Nyman ex A. W. Hill

Parsley

TP 136/1 of 21.3.2007

Phaseolus coccineus L.

Runner bean

TP 9/1 of 21.3.2007

Phaseolus vulgaris L.

Dwarf French bean and Climbing French bean

TP 12/2 of 1.12.2005

Pisum sativum L. (partim)

Wrinkled pea, Round pea and Sugar pea

TP 7/1 of 6.11.2003

Raphanus sativus L.

Radish

TP 64/1 of 27.3.2002

Solanum melongena L.

Aubergine or Egg plant

TP 117/1 of 13.3.2008

Spinacia oleracea L.

Spinach

TP 55/2 of 13.3.2008

Valerianella locusta (L.) Laterr.

Corn salad or Lamb’s lettuce

TP 75/2 of 21.3.2007

Vicia faba L. (partim)

Broad bean

TP Broadbean/1 of 25.3.2004

Zea mays L. (partim)

Sweet corn and Pop corn

TP 2/2 of 15.11.2001

The text of these protocols can be found on the CPVO website (www.cpvo.europa.eu).

ANNEX II

List of species referred to in Article 1(2)(b) which are to comply with UPOV test guidelines

Scientific name

Common name

UPOV guideline

Allium fistulosum L.

Japanese bunching onion or Welsh onion

TG/161/3 of 1.4.1998

Allium schoenoprasum L.

Chives

TG/198/1 of 9.4.2003

Beta vulgaris L.

Spinach beet or Chard

TG/106/4 of 31.3.2004

Beta vulgaris L.

Beetroot including Cheltenham beet

TG/60/7 of 9.4.2008

Brassica oleracea L.

Curly kale

TG/90/6 of 31.3.2004

Brassica rapa L.

Turnip

TG/37/10 of 4.4.2001

Cichorium intybus L.

Large-leaved chicory or Italian chicory

TG/154/3 of 18.10.1996

Cucurbita maxima Duchesne

Gourd

TG/155/4 of 28.3.2007

Raphanus sativus L.

Black radish

TG/63/6 of 24.3.1999

Rheum rhabarbarum L.

Rhubarb

TG/62/6 of 24.3.1999

Scorzonera hispanica L.

Scorzonera or Black salsify

TG/116/3 of 21.10.1988

The text of these guidelines can be found on the UPOV web site (www.upov.int).


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

DECISIONS

Council

14.8.2008   

EN

Official Journal of the European Union

L 219/58


COUNCIL DECISION

of 7 April 2008

concerning the conclusion of the Agreement between the European Space Agency and the European Union on the security and exchange of classified information

(2008/667/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 24 thereof,

Having regard to the recommendation from the Presidency,

Whereas:

(1)

At its meeting on 14 May 2007, the Council decided to authorise the Presidency, assisted by the Secretary-General/High Representative (SG/HR) and fully associating the Commission, to open negotiations in accordance with Article 24 of the Treaty on European Union with the European Space Agency, in order for the European Union to conclude a fully fledged Security Agreement with the Agency.

(2)

Following this authorisation to open negotiations, the Presidency, assisted by the SG/HR, negotiated an Agreement with the European Space Agency on the security and exchange of classified information.

(3)

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Space Agency and the European Union on the security and exchange of classified information is hereby approved on behalf of the European Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.

Article 3

This Decision shall take effect on the date of its adoption.

Article 4

This Decision shall be published in the Official Journal of the European Union.

Done at Luxembourg, 7 April 2008.

For the Council

The President

R. ŽERJAV


AGREEMENT

between the European Space Agency and the European Union on the security and exchange of classified information

THE EUROPEAN SPACE AGENCY,

hereinafter referred to as ‘ESA’, represented by its Director-General,

and

THE EUROPEAN UNION,

hereinafter referred to as ‘the EU’, represented by the Presidency of the Council of the European Union,

Hereinafter referred to as ‘the Parties’,

HAVING REGARD to the Treaty on European Union,

HAVING REGARD to the Convention for the Establishment of a European Space Agency, which was signed in Paris on 30 May 1975 and entered into force on 30 October 1980,

HAVING REGARD to the Agreement between the States Parties to the Convention for the Establishment of a European Space Agency and the European Space Agency concerning the protection and exchange of classified information, which was signed in Paris on 19 August 2002 and entered into force on 20 June 2003,

CONSIDERING that ESA and the EU share the objectives to strengthen their own security in all ways,

CONSIDERING that ESA and the EU agree that cooperation should be developed between them on questions of common interest relating to security and that a resolution on European Space Policy was approved by both the Council of the European Union and the Council of ESA on 22 May 2007 which emphasises, inter alia, the need to improve synergies in the domain of security,

CONSIDERING that, in this context, a permanent need therefore exists to exchange classified information between ESA and the EU,

RECOGNISING that full and effective consultation and cooperation may require access to ESA and EU classified information, as well as the exchange of classified information between ESA and the EU,

CONSCIOUS of the fact that such access to and exchange of classified information requires appropriate security measures,

HAVE AGREED AS FOLLOWS:

Article 1

In order to fulfil the objectives of strengthening the security of each of the Parties in all ways, the Agreement between the European Space Agency and the European Union on the security and exchange of classified information (hereinafter the Agreement) shall apply to classified information as defined in Article 2 provided or exchanged between the Parties.

Article 2

For the purposes of this Agreement, ‘classified information’ shall mean any information (namely knowledge which may be communicated in whatever form) or material, including documents, determined by either Party to require protection against unauthorised disclosure and which has been so designated by a security classification (hereinafter classified information).

Article 3

For the purposes of this Agreement,

(a)

‘ESA’ shall mean the European Space Agency;

(b)

‘EU’ shall mean the Council of the European Union (hereinafter the Council), the Secretary-General/High Representative and the General Secretariat of the Council, and the Commission of the European Communities (hereinafter the European Commission).

Article 4

Each Party shall:

(a)

protect and safeguard classified information subject to this Agreement provided by one Party to the other or exchanged between them;

(b)

ensure that classified information provided or exchanged under this Agreement keeps the security classification given to it by the providing Party. The receiving Party shall protect and safeguard such classified information according to the provisions set out in its own security regulations for classified information holding an equivalent security classification, as specified in the security arrangements to be established pursuant to Article 11;

(c)

not use such classified information subject to this Agreement for purposes other than those established by the providing Party;

(d)

not disclose such classified information subject to this Agreement to third parties, or to any EU institution or entity not mentioned in Article 3, without the prior consent of the providing Party;

(e)

not allow access to such classified information to individuals unless they have a need to know and, where needed, have been security-cleared to the necessary level.

Article 5

1.   Classified information may be disclosed or released, in accordance with the principle of originator control, by one Party (the providing Party), to the other Party (the receiving Party).

2.   Release or disclosure of classified information to recipients other than those referred to in Article 3 shall require a decision by the receiving Party after obtaining the written consent of the providing Party, in accordance with the principle of originator control as defined in its security regulations.

3.   In implementing paragraphs 1 and 2, no generic release shall be possible unless procedures are established and agreed between the Parties regarding certain categories of information, relevant to their operational requirements.

Article 6

Each of the Parties, and entities thereof as defined in Article 3 of this Agreement, shall ensure that it has a security system and security measures in place, based on the basic principles and minimum standards of security laid down in its respective rules or regulations, and reflected in the arrangements to be established pursuant to Article 11, in order to ensure that an equivalent level of protection is applied to classified information subject to this Agreement.

Article 7

1.   The Parties shall ensure that all persons who in the conduct of their official duties require access, or whose duties or functions may afford access, to classified information provided or exchanged under this Agreement are appropriately security-cleared, where required, before granting them access to such classified information.

2.   The security clearance procedures shall be designed to determine whether an individual may, taking into account his or her loyalty, trustworthiness and reliability, have access to classified information.

Article 8

The Parties shall provide mutual assistance with regard to the security of classified information subject to this Agreement and matters of common security interest. Reciprocal security consultations and inspections shall be conducted by the authorities referred to in Article 11 to assess the effectiveness of the security arrangements within their respective responsibility to be established pursuant to that Article.

Article 9

1.   For the purpose of this Agreement

(a)

As regards the EU:

all correspondence shall be sent to the Council at the following address:

Council of the European Union

Chief Registry Officer

Rue de la Loi/Wetstraat, 175

B-1048 Brussels.

All correspondence shall be forwarded by the Chief Registry Officer of the Council to the Member States and to the European Commission subject to paragraph 2.

(b)

As regards ESA,

all correspondence shall be sent to the following address:

ESA Security Office

Via Galileo Galilei

I-00044 Frascati.

2.   Exceptionally, correspondence from one Party which is accessible to only specific competent officials, organs or services of that Party may, for operational reasons, be addressed and be accessible to only specific competent officials, organs or services of the other Party specifically designated as recipients, taking into account their competencies and according to the need-to-know principle. As far as the EU is concerned, this correspondence shall be transmitted through the Chief Registry Officer of the Council, or the Chief Registry Officer of the European Commission Security Directorate when such information is addressed to the European Commission. As far as ESA is concerned, such correspondence shall be transmitted through the ESA Security Office.

Article 10

The Director-General of ESA, and the Secretary-General of the Council and the Member of the European Commission responsible for security matters shall oversee the implementation of this Agreement.

Article 11

1.   In order to implement this Agreement, security arrangements shall be established between the three authorities designated in paragraphs 2, 3 and 4 in order to lay down the standards for the reciprocal security protection and safeguarding of classified information provided or exchanged under this Agreement.

2.   The ESA Security Office, under the authority of the Director-General of ESA, shall develop the security arrangements for the protection and safeguarding of classified information provided to or exchanged with ESA under this Agreement.

3.   The Security Office of the General Secretariat of the Council, under the direction and on behalf of the Secretary-General of the Council, acting in the name of the Council and under its authority shall develop the security arrangements for the protection and safeguarding of classified information provided to or exchanged with the European Union under this Agreement.

4.   The European Commission Security Directorate, acting under the authority of the Member of the Commission responsible for security matters, shall develop the security arrangements for the protection and safeguarding of classified information provided or exchanged under this Agreement within the European Commission and its premises.

5.   For ESA, the security arrangements referred to in paragraph 1 shall be subject to approval by its Council.

6.   For the EU, the security arrangements referred to in paragraph 1 shall be subject to approval by the Council Security Committee.

Article 12

The authorities referred to in Article 11 shall establish procedures to be followed in the event of proven or suspected compromise of classified information subject to this Agreement, including notification to the other Party of the circumstances and action taken.

Article 13

Each Party shall be responsible for bearing its own costs incurred in implementing this Agreement.

Article 14

Prior to providing or exchanging classified information subject to this Agreement between the Parties, the responsible security authorities referred to in Article 11 shall agree that the receiving Party is able to protect and safeguard the information subject to this Agreement in a way consistent with the arrangements to be established pursuant to that Article.

Article 15

This Agreement shall not prevent the Parties from concluding other Agreements relating to the provision or exchange of classified information subject to this Agreement provided that they do not conflict with the provisions of this Agreement.

Article 16

Any differences between ESA and the EU arising out of the interpretation or application of this Agreement shall be addressed by negotiation between the Parties.

Article 17

1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.

2.   Each Party shall notify the other Party of any changes in its rules and regulations that could affect the protection of classified information referred to in this Agreement.

3.   This Agreement may be reviewed for consideration of possible amendments at the request of either Party.

4.   Any amendment to this Agreement shall be made in writing only and by common agreement of the Parties. It shall enter into force upon mutual notification as provided under paragraph 1.

Article 18

This Agreement may be denounced by one Party by giving written notice of denunciation to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party, but shall not affect obligations already contracted under the provisions of this Agreement. In particular, all classified information provided or exchanged pursuant to this Agreement shall continue to be protected in accordance with the provisions set forth herein.

In witness whereof the undersigned, respectively duly authorised, have signed this Agreement.

Done at Brussels, this 18th day of July 2008 in two copies each in the English language.

For the European Union

Secretary-General

J. SOLANA MADARIAGA

Image

For the European Space Agency

Director-General

J.-J. DORDAIN

Image


Conference of the Representatives of the Governments of the Member States

14.8.2008   

EN

Official Journal of the European Union

L 219/63


DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES

of 23 July 2008

appointing a judge to the Court of First Instance of the European Communities

(2008/668/EC, Euratom)

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 224 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140 thereof,

Whereas:

Pursuant to Articles 5 and 7, in conjunction with Article 47, of the Protocol on the Statute of the Court of Justice and following the resignation of Mr John D. Cooke, a judge should be appointed to the Court of First Instance of the European Communities for the remainder of the term of office of Mr John D. Cooke, which runs until 31 August 2013,

HAVE DECIDED AS FOLLOWS:

Article 1

Mr Kevin O’Higgins is hereby appointed judge to the Court of First Instance of the European Communities for the period from 1 September 2008 to 31 August 2013.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 23 July 2008.

The President

P. SELLAL


AGREEMENTS

Council

14.8.2008   

EN

Official Journal of the European Union

L 219/64


Information on the date of entry into force of the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles

On 28 February 2007 and 24 July 2008 respectively, the European Community and the Government of the Republic of Seychelles notified each other of the completion of the procedures necessary for entry into force of the Agreement (1).

The Agreement accordingly entered into force on 24 July 2008, in accordance with Article 16 thereof.


(1)  OJ L 290, 20.10.2006, p. 1.


III Acts adopted under the EU Treaty

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

14.8.2008   

EN

Official Journal of the European Union

L 219/65


COUNCIL DECISION 2008/669/CFSP

of 16 June 2008

concerning the conclusion of the Agreement between the European Union and the Republic of Guinea-Bissau on the Status of the European Union Mission in Support of Security Sector Reform in the Republic of Guinea-Bissau

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 24 thereof,

Having regard to the recommendation from the Presidency,

Whereas:

(1)

On 19 November 2007, the Council considered that a European Security and Defence Policy (ESDP) action in the field of security sector reform (SSR) in Guinea-Bissau would be appropriate, consistent with, and complementary to, European Development Fund and other Community activity.

(2)

Following a second EU fact-finding mission deployed in October 2007, on 10 December 2007, the Council approved the General Concept for potential ESDP action in support of Guinea-Bissau SSR.

(3)

On 12 February 2008, the Council adopted Joint Action 2008/112/CFSP on the European Union mission in support of security sector reform in the Republic of Guinea-Bissau (EU SSR GUINEA-BISSAU) (1).

(4)

An agreement on the status of the European Union mission in support of security sector reform in the Republic of Guinea-Bissau has been negotiated between the European Union and the Republic of Guinea-Bissau.

(5)

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Union and the Republic of Guinea-Bissau on the Status of the European Union Mission in Support of Security Sector Reform in the Republic of Guinea-Bissau is hereby approved on behalf of the Union.

The text of the Agreement is attached to this Decision (2).

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union (3).

Article 3

This Decision shall take effect on the day of its adoption.

Article 4

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 16 June 2008.

For the Council

The President

D. RUPEL


(1)  OJ L 40, 14.2.2008, p. 11.

(2)  See page 66 of this Official Journal.

(3)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


TRANSLATION

AGREEMENT

between the European Union and the Republic of Guinea-Bissau on the Status of the European Union Mission in Support of Security Sector Reform in the Republic of Guinea-Bissau

THE EUROPEAN UNION, hereinafter referred to as ‘EU’,

of the one part, and

THE REPUBLIC OF GUINEA-BISSAU, hereinafter referred to as ‘the Host State’,

of the other part,

Together hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

the Exchange of Letters between the Secretary-General/High Representative for the Common Foreign and Security Policy, Javier Solana, and His Excellency the President of the Republic of Guinea-Bissau, João Bernardo Vieira, concerning a possible European Union mission in support of security sector reform in the Republic of Guinea-Bissau,

the Council Joint Action 2008/112/CFSP of 12 February 2008 on the European Union mission in support of security sector reform in the Republic of Guinea-Bissau (EU SSR Guinea-Bissau) (1),

that this Agreement will not affect the Parties' rights and obligations under international agreements and other instruments establishing international courts and tribunals, including the Statute of the International Criminal Court,

HAVE AGREED AS FOLLOWS:

Article 1

Scope and definitions

1.   This Agreement shall apply to the European Union mission and its personnel.

2.   This Agreement shall apply only within the territory of the Host State.

3.   For the purpose of this Agreement:

(a)

‘EU SSR Guinea-Bissau’ shall mean the EU mission in the Host State established by Joint Action 2008/112/CFSP, including its components, forces, units, headquarters and personnel deployed in the territory of the Host State and assigned to EU SSR Guinea-Bissau;

(b)

‘Head of Mission’ shall mean the Head of Mission of EU SSR Guinea-Bissau, appointed by the Council of the European Union;

(c)

‘EU SSR personnel’ shall mean the Head of Mission, personnel seconded by EU Member States and EU institutions and non-EU States invited by the EU to participate in EU SSR Guinea-Bissau, international staff recruited on a contractual basis by EU SSR Guinea-Bissau deployed for the preparation, support and implementation of the mission, and personnel on mission for a Sending State or an EU institution in the framework of the mission. It shall not include commercial contractors or personnel employed locally;

(d)

‘headquarters’ shall mean the EU SSR Guinea-Bissau main headquarters in Bissau;

(e)

‘Sending State’ shall mean any EU Member State or non-EU State that has seconded personnel to EU SSR Guinea-Bissau;

(f)

‘facilities’ shall mean all buildings, premises and land required for the conduct of the activities of EU SSR Guinea-Bissau, as well as for the accommodation of EU SSR Guinea-Bissau personnel;

(g)

‘personnel employed locally’ shall mean personnel who are nationals of or permanently resident in the Host State.

Article 2

General provisions

1.   EU SSR Guinea-Bissau and EU SSR Guinea-Bissau personnel shall respect the laws and regulations of the Host State and shall refrain from any action or activity incompatible with the objectives of the mission.

2.   EU SSR Guinea-Bissau shall be autonomous with regard to the execution of its functions under the present Agreement. The Host State shall respect the unitary and international nature of EU SSR Guinea-Bissau.

3.   The Head of Mission shall regularly inform the Government of the Host State of the number of EU SSR Guinea-Bissau personnel stationed within the Host State’s territory.

Article 3

Identification

1.   EU SSR Guinea-Bissau personnel shall be provided with and identified by an EU SSR Guinea-Bissau identification card, which they shall be obliged to carry with them at all times. The relevant authorities of the Host State shall be provided with a specimen of an EU SSR Guinea-Bissau identification card.

2.   Vehicles and other means of transport of EU SSR Guinea-Bissau shall bear distinctive EU SSR Guinea-Bissau identification markings and/or registration plates, which shall be communicated to the relevant authorities of the Host State.

3.   EU SSR Guinea-Bissau shall have the right to display the flag of the EU at its main headquarters and elsewhere, alone or together with the flag of the Host State, as decided by the Head of Mission. National flags or insignia of the constituent national elements of EU SSR Guinea-Bissau may be displayed on EU SSR Guinea-Bissau premises, vehicles and uniforms, as decided by the Head of Mission.

Article 4

Border crossing and movement within the Host State’s territory

1.   EU SSR Guinea-Bissau personnel, assets and means of transport shall cross the border of the Host Party at official border crossings, sea ports and via international air corridors.

2.   The Host Party shall facilitate the entry into and the departure from the territory of the Host State for EU SSR Guinea-Bissau and EU SSR Guinea-Bissau personnel. Except for passport control on entry into and departure from the territory of the Host State, EU SSR Guinea-Bissau personnel, with proof of membership of the mission, shall be exempt from passport, customs control, visa and immigration regulations and any form of immigration inspection within the Host State’s territory.

3.   EU SSR Guinea-Bissau personnel shall be exempt from the regulations of the Host State governing the registration and control of aliens, but shall not acquire any right to permanent residence or domicile within the Host State’s territory.

4.   EU SSR Guinea-Bissau assets and means of transport entering, transiting or exiting the Host State’s territory in support of that mission shall be exempt from any requirement to produce inventories or other customs documentation and from any inspection.

5.   Vehicles and aircraft used in support of the mission shall not be subject to local licensing or registration requirements. Relevant international standards and regulations shall continue to apply. If required, supplementary arrangements as referred to in Article 19 shall be concluded.

6.   EU SSR Guinea-Bissau personnel may drive motor vehicles, navigate vessels and operate aircraft within the territory of the Host State provided they have valid national or international driving licences, ship’s master’s certificates or pilot licences, as appropriate. The Host State shall accept as valid, without tax or fee, driving licences or permits carried by EU SSR Guinea-Bissau personnel.

7.   EU SSR Guinea-Bissau and EU SSR Guinea-Bissau personnel together with their vehicles, aircraft or any other means of transport, equipment and supplies shall enjoy free and unrestricted movement throughout the territory of the Host State, including its territorial sea and airspace. If necessary, supplementary arrangements may be concluded in accordance with Article 19.

8.   For the purposes of the mission, EU SSR Guinea-Bissau personnel, and local personnel employed by EU SSR Guinea-Bissau when travelling on official duties, may use roads, bridges, ferries, airports and ports without payment of duties, fees, tolls, taxes or other charges. EU SSR Guinea-Bissau shall not be exempt from reasonable charges for services requested and received under the conditions that apply to those provided to the Host State’s personnel.

Article 5

Privileges and immunities of EU SSR Guinea-Bissau granted by the Host State

1.   EU SSR Guinea-Bissau’s premises shall be inviolable. The Host State’s agents shall not enter them without the consent of the Head of Mission.

2.   EU SSR Guinea-Bissau’s premises, their furnishings and other assets therein as well as their means of transport shall be immune from search, requisition, attachment or execution.

3.   EU SSR Guinea-Bissau, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process.

4.   EU SSR Guinea-Bissau’s archives and documents shall be inviolable at any time, wherever they may be.

5.   The official correspondence of EU SSR Guinea-Bissau shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions.

6.   In respect of purchased and imported goods, services provided and premises used by EU SSR Guinea-Bissau for the purposes of the mission, EU SSR Guinea-Bissau shall be exempt from all national, regional and communal dues, taxes and charges of a similar nature. EU SSR Guinea-Bissau shall not be exempt from dues, taxes or charges that represent payment for services rendered.

7.   The Host State shall permit the entry of articles for the mission and grant them exemption from all customs duties, fees, tolls, taxes and similar charges other than charges for storage, cartage and other services rendered.

Article 6

Privileges and immunities of EU SSR Guinea-Bissau personnel granted by the Host State

1.   EU SSR Guinea-Bissau personnel shall not be liable to any form of arrest or detention.

2.   Papers, correspondence and property of EU SSR Guinea-Bissau personnel shall enjoy inviolability, except in case of measures of execution which are permitted pursuant to paragraph 6.

3.   EU SSR Guinea-Bissau personnel shall enjoy immunity from the criminal jurisdiction of the Host State under all circumstances. The immunity from criminal jurisdiction of EU SSR Guinea-Bissau personnel may be waived by the Sending State or EU institution concerned, as the case may be. Such waiver must always be express.

4.   EU SSR Guinea-Bissau personnel shall enjoy immunity from the civil and administrative jurisdiction of the Host State in respect of spoken or written utterances and all acts performed by them in the exercise of their official functions. If any civil proceeding is instituted against EU SSR Guinea-Bissau personnel before any Host State court, the Head of Mission and the competent authority of the Sending State or EU institution shall be notified immediately. Prior to initiation of the proceeding before the court, the Head of Mission and the competent authority of the Sending State or EU institution shall certify to the court whether the act in question was committed by EU SSR Guinea-Bissau personnel in the exercise of their official functions. If the act was committed in the exercise of official functions, the proceeding shall not be initiated and the provisions of Article 16 shall apply. If the act was not committed in the exercise of official functions, the proceeding may continue. The certification by the Head of Mission and the competent authority of the Sending State or EU institution shall be binding upon the jurisdiction of the Host State, which may not contest it.

The initiation of proceedings by EU SSR Guinea-Bissau personnel shall preclude them from invoking immunity from jurisdiction in respect of any claim/appeal directly connected with the principal complaint.

5.   EU SSR Guinea-Bissau personnel are not obliged to give evidence as witnesses.

6.   No measures of execution may be taken in respect of EU SSR Guinea-Bissau personnel, except in the case where a civil proceeding not related to their official functions is instituted against them. Property of EU SSR Guinea-Bissau personnel, certified by the Head of Mission to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings EU SSR Guinea-Bissau personnel shall not be subject to any restrictions on their personal liberty or to any other measures of constraint.

7.   The immunity of EU SSR Guinea-Bissau personnel from the jurisdiction of the Host State does not exempt them from the jurisdictions of the respective Sending States.

8.   EU SSR Guinea-Bissau personnel shall, with respect to services rendered for EU SSR Guinea-Bissau, be exempt from social security provisions which may be in force in the Host State.

9.   EU SSR Guinea-Bissau personnel shall be exempt from any form of taxation in the Host State on the salary and emoluments paid to them by EU SSR Guinea-Bissau or the Sending States, as well as on any income received from outside the Host State.

10.   The Host State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, transport and similar services, on articles for the personal use of EU SSR Guinea-Bissau personnel. The Host State shall also allow the export of such articles. For goods and services purchased on the domestic market, EU SSR Guinea-Bissau personnel shall be exempt from value added tax and taxes according to the laws of the Host State.

11.   The personal baggage of EU SSR Guinea-Bissau personnel shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles that are not for the personal use of EU SSR Guinea-Bissau personnel, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the Host State. Such inspection shall be conducted only in the presence of the EU SSR Guinea-Bissau personnel concerned or of an authorised representative of EU SSR Guinea-Bissau.

Article 7

Personnel employed locally

Personnel employed locally shall enjoy privileges and immunities only to the extent admitted by the Host State. However, the Host State shall exercise its jurisdiction over that personnel in such a manner as not to interfere unduly with the performance of the functions of the mission.

Article 8

Criminal jurisdiction

The competent authorities of a Sending State shall have the right to exercise within the territory of the Host State all the criminal jurisdiction and disciplinary powers conferred on them by the law of the Sending State with regard to all EU SSR Guinea-Bissau personnel subject to the relevant law of the Sending State.

Article 9

Security

1.   The Host State, through its own capabilities, shall assume full responsibility for the security of EU SSR Guinea-Bissau personnel.

2.   To that end, the Host State shall take all necessary measures for the protection, safety and security of EU SSR Guinea-Bissau and EU SSR Guinea-Bissau personnel. Any specific provisions proposed by the Host State shall be agreed with the Head of Mission before implementation. The Host State shall permit and support free of any charge activities relating to the medical evacuation of EU SSR Guinea-Bissau personnel. If required, supplementary arrangements as referred to in Article 19 shall be concluded.

Article 10

Uniform

1.   EU SSR Guinea-Bissau personnel shall wear national uniform or civilian dress with EU SSR Guinea-Bissau identification.

2.   The wearing of uniform shall be subject to rules issued by the Head of Mission.

Article 11

Cooperation and access to information

1.   The Host State shall provide full cooperation and support to EU SSR Guinea-Bissau and EU SSR Guinea-Bissau personnel.

2.   If requested and necessary for the accomplishment of the EU SSR Guinea-Bissau mission, the Host State shall provide EU SSR Guinea-Bissau personnel with effective access to:

(a)

buildings, premises, locations and official vehicles within the control of the Host State;

(b)

documents, materials and information within its control relevant to the mandate of EU SSR Guinea-Bissau.

If required, supplementary arrangements as referred to in Article 19 shall be concluded.

3.   The Head of Mission and the Host State shall consult regularly and take appropriate measures to ensure close and reciprocal liaison at every appropriate level. The Host State may appoint a liaison officer to EU SSR Guinea-Bissau.

Article 12

Host State support and contracting

1.   The Host State agrees, if requested, to assist EU SSR Guinea-Bissau in finding suitable premises.

2.   The Host State shall provide free of charge, if required and available, premises owned by the Host State and premises owned by private legal entities, in so far as such premises are necessary for the conduct of administrative and operational activities of EU SSR Guinea-Bissau.

3.   Within its means and capabilities, the Host State shall assist in the preparation, establishment and execution of and support for the mission, including co-location premises and equipment for EU SSR Guinea-Bissau experts.

4.   The Host State’s assistance and support of the mission shall be provided under the same conditions as the assistance and support given to the Host State’s personnel.

5.   The law applicable to contracts concluded by EU SSR Guinea-Bissau in the Host State shall be determined by the respective contracts.

6.   The contract may stipulate that the dispute settlement procedure referred to in Article 16(3) and (4) shall be applicable to disputes arising from the application of the contract.

Article 13

Change to premises

EU SSR Guinea-Bissau shall be authorised to construct, alter or otherwise modify premises as necessary for its operational requirements.

No compensation shall be requested from EU SSR Guinea-Bissau by the Host State for those constructions, alterations or modifications.

Article 14

Deceased EU SSR Guinea-Bissau personnel

1.   The Head of Mission shall have the right to take charge of and make suitable arrangements for the repatriation of any deceased EU SSR Guinea-Bissau personnel, as well of their personal property.

2.   No autopsy shall be performed on any deceased members of EU SSR Guinea-Bissau without the agreement of the Sending State, and the presence of a representative of EU SSR Guinea-Bissau and/or the State concerned.

3.   The Host State and EU SSR Guinea-Bissau shall cooperate to the fullest extent possible with a view to early repatriation of deceased EU SSR Guinea-Bissau personnel.

Article 15

Communications

1.   EU SSR Guinea-Bissau may install and operate radio sending and receiving stations, as well as satellite systems. It shall cooperate with the Host State’s competent authorities with a view to avoiding conflicts in the use of appropriate frequencies. The Host State shall grant access to the frequency spectrum free of charge.

2.   EU SSR Guinea-Bissau shall enjoy the right to unrestricted communication by radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile and other means, as well as the right to install the equipment necessary for the maintenance of such communications within and between EU SSR Guinea-Bissau premises, including the laying of cables and land lines for the purpose of the operation.

3.   Within its own premises EU SSR Guinea-Bissau may make the arrangements necessary for the conveyance of mail addressed to and from EU SSR Guinea-Bissau and/or EU SSR Guinea-Bissau personnel.

Article 16

Claims for death, injury, damage and loss

1.   EU SSR Guinea-Bissau and EU SSR Guinea-Bissau personnel shall not be liable for any damage to or loss of civilian or government property which are related to operational necessities or caused by activities in connection with civil disturbances or protection of EU SSR Guinea-Bissau.

2.   With a view to reaching an amicable settlement, claims for damage to or loss of civilian or government property not covered by paragraph 1, as well as claims for death of or injury to persons and for damage to or loss of EU SSR Guinea-Bissau property, shall be forwarded to EU SSR Guinea-Bissau via the competent authorities of the Host State, as far as claims brought by legal or natural persons from the Host State are concerned, or to the competent authorities of the Host State, as far claims brought by EU SSR Guinea-Bissau are concerned.

3.   Where no amicable settlement can be found, the claim shall be submitted to a claims commission composed on an equal basis of representatives of EU SSR Guinea-Bissau and representatives of the Host State. Settlement of claims shall be reached by common agreement.

4.   Where no settlement can be reached within the claims commission, the dispute shall:

(a)

for claims up to and including EUR 40 000, be settled by diplomatic means between the Host State and EU representatives;

(b)

for claims above the amount referred to in point (a), be submitted to an arbitration tribunal, the decisions of which shall be binding.

5.   The arbitration tribunal shall be composed of three arbitrators, one arbitrator being appointed by the Host State, one arbitrator being appointed by EU SSR Guinea-Bissau and the third one being appointed jointly by the Host State and EU SSR Guinea-Bissau. Where one of the parties does not appoint an arbitrator within two months or where no agreement can be found between the Host State and EU SSR Guinea-Bissau on the appointment of the third arbitrator, the arbitrator in question shall be appointed by the President of the Court of Justice of the European Communities.

6.   An administrative arrangement shall be concluded between EU SSR Guinea-Bissau and the administrative authorities of the Host State in order to determine the terms of reference of the claims commission and the tribunal, the procedure applicable within these bodies and the conditions under which claims are to be lodged.

Article 17

Liaison and disputes

1.   All issues arising in connection with the application of this Agreement shall be examined jointly by representatives of EU SSR Guinea-Bissau and the Host State’s competent authorities.

2.   Failing any prior settlement, disputes concerning the interpretation or application of this Agreement shall be settled exclusively by diplomatic means between the Host State and EU representatives.

Article 18

Other provisions

1.   Whenever this Agreement refers to the privileges, immunities and rights of EU SSR Guinea-Bissau and of EU SSR Guinea-Bissau personnel, the Government of the Host State shall be responsible for their implementation and for compliance with them on the part of the appropriate Host State local authorities.

2.   Nothing in this Agreement is intended or may be construed to derogate from any rights that may attach to an EU Member State or to any other State contributing to EU SSR Guinea-Bissau under other agreements.

Article 19

Implementing arrangements

For the purposes of the application of this Agreement, operational, administrative and technical matters may be the subject of separate arrangements to be concluded between the Head of Mission and the Host State’s administrative authorities.

Article 20

Entry into force and termination

1.   This Agreement shall enter into force on the day on which it is signed and shall remain in force until the date of departure of the last EU SSR Guinea-Bissau personnel, as notified by EU SSR Guinea-Bissau.

2.   Notwithstanding paragraph 1, the provisions contained in Articles 4(8), 5(1) to (3), 5(6), 5(7), 6(1), 6(3), 6(4), 6(6), 6(8) to (10), 13 and 16 shall be deemed to have applied from the date on which the first EU SSR Guinea-Bissau personnel were deployed if that date was earlier than the date of entry into force of this Agreement.

3.   This Agreement may be amended by written agreement between the Parties.

4.   Termination of this Agreement shall not affect any rights or obligations arising out of the execution of this Agreement before such termination.

Done at Bissau, on 11 July 2008, in two original versions in the Portuguese language.

For the European Union

J.-F. PAROT

For the Republic of Guinea-Bissau

M.-C. NOBRE CABRAL


(1)  OJ L 40, 14.2.2008, p. 11.


Corrigenda

14.8.2008   

EN

Official Journal of the European Union

L 219/72


Corrigendum to Council Regulation (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking

( Official Journal of the European Union L 30 of 4 February 2008 )

On page 35, Annex, ‘Statutes of the ENIAC Joint Undertaking’, Article 19(3):

for:

‘3.   The annual implementation plan shall specify the plan for the execution of all the activities of the ENIAC Joint Undertaking for a particular year, including planned calls for proposals and actions needing to be implemented through calls for proposals. …’,

read:

‘3.   The annual implementation plan shall specify the plan for the execution of all the activities of the ENIAC Joint Undertaking for a particular year, including planned calls for proposals and actions needing to be implemented through calls for tenders. …’;

on page 37, Annex, ‘Statutes of the ENIAC Joint Undertaking’, Article 23, point 3.4.2:

for:

‘3.4.2.

Subject to its obligations concerning confidentiality, where a project participant is required to pass on its obligations to provide access rights, it shall give at least 45 days' prior notice to the other participants of the envisaged transfer, …’,

read:

‘3.4.2.

Subject to its obligations concerning confidentiality, where a project participant is required to pass on its obligations to provide access rights, it shall give at least 45 days' prior notice to the other participants of the envisaged transfer, (1)


(1)  The participants may, by written agreement, agree on a different time limit or waive their right to prior notice in the case of transfers of ownership from one participant to a specifically identified third party.’


14.8.2008   

EN

Official Journal of the European Union

L 219/73


Corrigendum to Council Regulation (EC) No 74/2008 of 20 December 2007 on the establishment of the ARTEMIS Joint Undertaking to implement a Joint Technology Initiative in Embedded Computing Systems

( Official Journal of the European Union L 30 of 4 February 2008 )

On page 66, in the Annex — Statutes of the ARTEMIS Joint Undertaking, Article 19(3)

for:

‘3.   The Annual Implementation Plan shall specify the plan for the execution of all the activities of the ARTEMIS Joint Undertaking for a particular year, including planned calls for proposals and actions needing to be implemented through calls for proposals. (…)’,

read:

‘3.   The Annual Implementation Plan shall specify the plan for the execution of all the activities of the ARTEMIS Joint Undertaking for a particular year, including planned calls for proposals and actions needing to be implemented through calls for tenders. (…)’.


14.8.2008   

EN

Official Journal of the European Union

L 219/74


Corrigendum to Agreement between the European Union and the Republic of Albania on the participation of the Republic of Albania in the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA)

( Official Journal of the European Union L 217 of 13 August 2008 )

The text of the Agreement should read as follows:

AGREEMENT

between the European Union and the Republic of Albania on the participation of the Republic of Albania in the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA)

THE EUROPEAN UNION (EU),

of the one part, and

THE REPUBLIC OF ALBANIA,

of the other part,

hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

the adoption by the Council of the European Union of Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA),

the invitation to the Republic of Albania to participate in the EU-led operation,

the successful completion of the Force Generation Process and the recommendation by the EU Operation Commander and the EU Military Committee to agree on the participation of the Republic of Albania's forces in the EU-led operation,

the Political and Security Committee Decision CHAD/1/2008 of 13 February 2008 on the acceptance of third States' contributions to the European Union military operation in the Republic of Chad and in the Central African Republic (1),

the Political and Security Committee Decision CHAD/2/2008 of 18 March 2008 on the setting up of the Committee of contributors for the European Union military operation in the Republic of Chad and in the Central African Republic (2),

HAVE AGREED AS FOLLOWS:

Article 1

Participation in the operation

1.   The Republic of Albania shall associate itself with Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA) and with any Joint Action or Decision by which the Council of the European Union decides to extend the EU military crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.

2.   The contribution by the Republic of Albania to the EU military crisis management operation shall be without prejudice to the decision-making autonomy of the European Union.

3.   The Republic of Albania shall ensure that its forces and personnel participating in the EU military crisis management operation undertake their mission in accordance with:

Joint Action 2007/677/CFSP and possible subsequent amendments,

the Operation Plan,

any implementing measures.

4.   Forces and personnel seconded to the operation by the Republic of Albania shall carry out their duties and conduct themselves solely with the interest of the EU military crisiss management operation in mind.

5.   The Republic of Albania shall inform the EU Operation Commander in due time of any change in its participation in the operation.

Article 2

Status of forces

1.   The status of the forces and personnel contributed to the EU military crisis management operation by the Republic of Albania shall be governed by the provisions on the status of forces, if available, agreed between the European Union and the States concerned.

2.   The status of the forces and personnel contributed to headquarters or command elements located outside the Republic of Chad and the Central African Republic shall be governed by arrangements between the headquarters and command elements concerned and the Republic of Albania.

3.   Without prejudice to the provisions on the status of forces referred to in paragraph 1, the Republic of Albania shall exercise jurisdiction over its forces and personnel participating in the EU military crisis management operation.

4.   The Republic of Albania shall be responsible for answering any claims linked to participation in the EU military crisis management operation, from or concerning any of its forces and personnel. The Republic of Albania shall be responsible for bringing any action, in particular legal or disciplinary, against any of its forces and personnel, in accordance with its laws and regulations.

5.   The Republic of Albania undertakes to make a declaration regarding the waiver of claims against any State participating in the EU military crisis management operation, and to do so when signing this Agreement.

6.   The European Union undertakes to ensure that Member States make a declaration regarding the waiver of claims, for the participation of the Republic of Albania in the EU military crisis management operation, and to do so when signing this Agreement.

Article 3

Classified information

1.   The Republic of Albania shall take appropriate measures to ensure that EU classified information is protected in accordance with the security regulations of the Council of the European Union, as set out in the Annex to Council Decision 2001/264/EC of 19 March 2001 (3), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander.

2.   Where the European Union and the Republic of Albania have concluded an agreement on security procedures for the exchange of classified information, the provisions of that agreement shall apply in the context of the EU military crisis management operation.

Article 4

Chain of command

1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.

2.   National authorities shall transfer the Operational and Tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander shall be entitled to delegate his authority.

3.   The Republic of Albania shall have the same rights and obligations in terms of the day-to-day management of the operation as participating EU Member States.

4.   The EU Operation Commander may at any time, following consultations with the Republic of Albania, request the withdrawal of the Republic of Albania's contribution.

5.   A Senior Military Representative (hereinafter referred to as SMR) shall be appointed by the Republic of Albania to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day-to-day contingent discipline.

Article 5

Financial aspects

1.   The Republic of Albania shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 1(1) of this Agreement and in Council Decision 2007/384/CFSP of 14 May 2007 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (4).

2.   In the event of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Republic of Albania shall, when its liability has been established, pay compensation under the conditions laid down in the provisions on the status of forces, if available, as referred to in Article 2(1) of this Agreement.

Article 6

Arrangements to implement the Agreement

Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy and the appropriate authorities of the Republic of Albania.

Article 7

Non-compliance

Should one of the Parties fail to comply with its obligations as laid down in Articles 1 to 6, the other Party shall have the right to terminate this Agreement by serving a notice of one month.

Article 8

Dispute settlement

Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.

Article 9

Entry into force

1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.

2.   This Agreement shall be applied provisionally from the date of signature.

3.   This Agreement shall remain in force for the duration of the Republic of Albania's contribution to the operation.

Done at Paris, on 13 July 2008 in the English language in four copies.

For the European Union

Image

For the Republic of Albania

Image


(1)  OJ L 56, 29.2.2008, p. 64. Decision as amended by Decision CHAD/3/2008 (OJ L 144, 4.6.2008, p. 82).

(2)  OJ L 107, 17.4.2008, p. 60. Decision as amended by Decision CHAD/3/2008.

(3)  OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2007/438/EC (OJ L 164, 26.6.2007, p. 24).

(4)  OJ L 152, 13.6.2007, p. 14.


14.8.2008   

EN

Official Journal of the European Union

L 219/77


Corrigendum to Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO

( Official Journal of the European Union L 217 of 13 August 2008 )

The text of the Agreement should read as follows:

AGREEMENT

between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO

THE EUROPEAN UNION (EU),

of the one part, and

THE SWISS CONFEDERATION,

of the other part,

hereinafter referred to as the ‘Parties’,

TAKING INTO ACCOUNT:

the adoption by the Council of the European Union of Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO,

the invitation to the Swiss Confederation to participate in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO,

the successful completion of the Force Generation process and the recommendation by the EU Civilian Operation Commander and the Committee for Civilian Aspects of Crisis Management to agree on the participation of the Swiss Confederation in the EU-led operation,

the Political and Security Committee Decision EULEX/2/2008 of 22 April 2008 on the acceptance of the Swiss Confederation’s contribution to the EU Rule of Law Mission in Kosovo, EULEX KOSOVO,

HAVE AGREED AS FOLLOWS:

Article 1

Participation in the operation

1.   The Swiss Confederation shall associate itself with the Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (hereinafter ‘EULEX KOSOVO’), and with any Joint Action or Decision by which the Council of the European Union decides to extend EULEX KOSOVO, in accordance with the provisions of this Agreement and any required implementing arrangements.

2.   The contribution of the Swiss Confederation to EULEX KOSOVO is without prejudice to the decision-making autonomy of the European Union.

3.   The Swiss Confederation shall ensure that its personnel participating in the EULEX KOSOVO undertake their mission in conformity with:

the Joint Action 2008/124/CFSP on European Union Rule of Law Mission in Kosovo, EULEX KOSOVO and possible subsequent amendments,

the Operation Plan,

implementing measures.

4.   Personnel seconded to EULEX KOSOVO by the Swiss Confederation shall carry out their duties and conduct themselves solely with the interest of EULEX KOSOVO in mind.

5.   The Swiss Confederation shall inform in due time the Civilian Operation Commander and the Head of Mission of EULEX KOSOVO (hereinafter ‘Head of Mission’) of any change to its contribution to EULEX KOSOVO.

6.   Personnel seconded to EULEX KOSOVO shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from the Swiss Confederation. Personnel seconded to EULEX KOSOVO shall produce a copy of this certification.

Article 2

Status of personnel

1.   The status of the personnel contributed to EULEX KOSOVO by the Swiss Confederation shall be governed by the provisions on the status of mission, as provided by Article 10(1) of the Joint Action 2008/124/CFSP of 4 February on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO.

2.   The status of personnel contributed to headquarters or command elements located outside Kosovo, shall be governed by arrangements between the headquarters and command elements concerned and the Swiss Confederation.

3.   Without prejudice to the agreement on the status of mission referred to in paragraph 1 of this Article, if available, the Swiss Confederation shall exercise jurisdiction over its personnel participating in EULEX KOSOVO.

4.   The Swiss Confederation shall be responsible for answering any claims, from or concerning any of its personnel, linked to the participation in EULEX KOSOVO. The Swiss Confederation shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel, in accordance with its laws and regulations.

5.   The Swiss Confederation undertakes to make a declaration as regards the waiver of claims against any State participating in EULEX KOSOVO, and to do so when signing this Agreement. A model for such a declaration is annexed to this Agreement.

6.   The European Union Member States undertake to make a declaration as regards the waiver of claims, for the participation of the Swiss Confederation in EULEX KOSOVO, and to do so when signing this Agreement. A model for such a declaration is annexed to this Agreement.

Article 3

Classified information

1.   The Swiss Confederation shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council’s security regulations, contained in Council Decision 2001/264/EC of 19 March 2001, and in accordance with further guidance issued by competent authorities, including the Head of Mission.

2.   Where the EU and the Swiss Confederation have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of EULEX KOSOVO.

Article 4

Chain of command

1.   All personnel participating in EULEX KOSOVO shall remain under the full command of their national authorities.

2.   National authorities shall transfer operational control to the Civilian Operations Commander, who shall exercise command and control at the strategic level.

3.   The Head of Mission shall assume responsibility and exercise command and control of EULEX KOSOVO at theatre level.

4.   The Head of Mission shall exercise command and control over personnel, teams and units from contributing States as assigned by the Civilian Operation Commander together with administrative and logistic responsibility including over assets, resources and information placed at the disposal of EULEX KOSOVO.

5.   The Swiss Confederation shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States taking part in the operation, in accordance with the legal instruments referred to in Article 1, paragraph 1, of this Agreement.

6.   The Head of Mission shall be responsible for disciplinary control over the personnel of EULEX KOSOVO. Where required, disciplinary action shall be taken by the national authority concerned.

7.   A National Contingent Leader (NCL) shall be appointed by the Swiss Confederation to represent its national contingent in EULEX KOSOVO. The NCL shall report to the Head of Mission on national matters and shall be responsible for day-to-day contingent discipline.

8.   The decision to end the operation shall be taken by the European Union, following consultation with the Swiss Confederation, provided that the Swiss Confederation is still contributing to EULEX KOSOVO at the date of termination of the operation.

Article 5

Financial aspects

1.   The Swiss Confederation shall assume all the costs associated with its participation in the operation apart from the costs which are subject to common funding, as set out in the operational budget of the operation.

2.   In case of death, injury, loss or damage to natural or legal persons from the territory where the operation is conducted, the Swiss Confederation shall, when its liability has been established, pay compensation under the conditions foreseen in the agreement on the status of mission, if available, as referred to in Article 2(1) of this Agreement.

Article 6

Arrangements to implement the Agreement

Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy, and the appropriate authorities of the Swiss Confederation.

Article 7

Non-compliance

Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.

Article 8

Dispute settlement

Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.

Article 9

Entry into force

1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.

2.   This Agreement shall be provisionally applied from the date of signature.

3.   This Agreement shall remain in force for the duration of the Swiss Confederation’s contribution to the operation.

Done at Brussels, 29 July 2008.

For the European Union

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For the Swiss Confederation

Image