(1)

Article 5 of Commission Regulation (EC) No 1449/2007 of 7 December 2007 derogating from Regulations (EC) No 2402/96, (EC) No 2058/96, (EC) No 2375/2002, (EC) No 2305/2003, (EC) No 950/2006, (EC) No 955/2005, (EC) No 969/2006, (EC) No 1100/2006, (EC) No 1918/2006, (EC) No 1964/2006, (EC) No 1002/2007 and (EC) No 508/2007 as regards the dates for lodging applications and the issuing of import licences in 2008 under the tariff quotas for sweet potatoes, manioc starch, cereals, rice, sugar and olive oil and derogating from Regulations (EC) No 1445/95, (EC) No 1518/2003, (EC) No 596/2004 and (EC) No 633/2004 as regards the dates of issuing of export licences in 2008 in the beef and veal, pigmeat, eggs and poultrymeat sectors (2) provides for a derogation for 2008 regarding the dates for lodging import licence applications under the tariff quotas for sugar.

(2)

Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/07, 2007/08 and 2008/09 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements (3), as amended by Regulation (EC) No 892/2008 (4), opened new tariff quotas with order numbers 09.4431 to 09.4437. The derogation regarding the dates for lodging import licence applications should be extended to cover these new quotas and Regulation (EC) No 1449/2007 should be amended accordingly.

(3)

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

(1)

Commission Regulations (EC) No 451/2000 (2) and (EC) No 1490/2002 (3) lay down the detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes abamectin, epoxiconazole, fenpropimorph, fenpyroximate and tralkoxydim.

(2)

For those active substances the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 451/2000 and (EC) No 1490/2002 for a range of uses proposed by the notifiers. Moreover, those Regulations designate the rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 10(1) of Regulation (EC) No 1490/2002. For abamectin the rapporteur Member State was the Netherlands and all relevant information was submitted on 27 October 2005. For epoxiconazole, fenpropimorph and fenpyroximate the rapporteur Member State was Germany and all relevant information was submitted on 28 April 2005, 17 March 2005 and 25 October 2005 respectively. For tralkoxydim the rapporteur Member State was the United Kingdom and all relevant information was submitted on 6 September 2005.

(3)

The assessment reports have been peer reviewed by the Member States and the EFSA and presented to the Commission on 29 May 2008 for abamectin, on 26 March 2008 for epoxiconazole and tralkoxydim, on 14 April 2008 for fenpropimorph, on 5 May 2008 for fenpyroximate in the format of the EFSA Scientific Reports (4). These reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 11 July 2008 in the format of the Commission review reports for abamectin, epoxiconazole, fenpropimorph, fenpyroximate and tralkoxydim.

(4)

It has appeared from the various examinations made that plant protection products containing abamectin, epoxiconazole, fenpropimorph, fenpyroximate and tralkoxydim may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review reports. It is therefore appropriate to include these active substances in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing these active substances can be granted in accordance with the provisions of that Directive.

(5)

Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EEC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore, it is appropriate to require that abamectin should be subjected to further studies on the specification and further information is required to confirm the risk to birds and mammals, to aquatic organisms, and to groundwater with respect to the metabolite U8. Epoxiconazole should be subjected to further testing of its potential endocrine disrupting properties and to a monitoring programme to assess the long-range atmospheric transport and related environmental risks; further information is required as regards the residues of its metabolites in primary crops, rotational crops and products of animal origin as well as information to address the long-term risk to herbivorous birds and mammals. Fenpropimorph should be subjected to further testing to confirm the mobility in soil of metabolite BF-421-7. Fenpyroximate should be subjected to further testing for confirmation of the risk to aquatic organisms from metabolites containing the benzyl moiety and the risk of biomagnification in aquatic food chains. Tralkoxydim should be subjected to further testing for confirmation of the long-term risk to herbivorous mammals. All the above mentioned studies and information should be presented by the notifiers within the deadlines set in Annex I of this Directive.

(6)

A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion.

(7)

Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of six months after inclusion to review existing authorisations of plant protection products containing abamectin, epoxiconazole, fenpropimorph, fenpyroximate and tralkoxydim to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By way of derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

(8)

The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 (5) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I.

(9)

It is therefore appropriate to amend Directive 91/414/EEC accordingly.

(10)

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

(1)

Pursuant to Directive 2000/29/EC, potatoes, other than potatoes intended for planting, originating in Cuba may not be introduced into the Community. However, that Directive permits derogations from that rule provided there is no risk of spreading harmful organisms.

(2)

Commission Decision 2003/63/EC (2), provides for a derogation for the importation of potatoes, other than potatoes intended for planting, originating in certain provinces of Cuba, subject to specific conditions.

(3)

The United Kingdom has asked for an extension of that derogation.

(4)

The situation justifying that derogation remains unchanged and the derogation should therefore continue to apply.

(5)

Decision 2003/63/EC should, therefore, be amended accordingly.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

(1)

Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (2) establishes the sanitary conditions for the importation into the Community of live animals, excluding equidae, and the importation of fresh meat of such animals, including equidae, but excluding meat preparations.

(2)

Decision 79/542/EEC provides that imports of fresh meat intended for human consumption are only allowed if such meat comes from a territory of a third country or a part thereof listed in Part 1 of Annex II to that Decision, and the fresh meat meets the requirements set out in the appropriate veterinary certificate for that meat in accordance with the models set out in Part 2 of that Annex, taking into account any specific conditions or supplementary guarantees required for the meat.

(3)

Requirements for imports of meat from third countries depend largely on the animal health status of the exporting third country or region. If a region is free of foot-and-mouth disease without vaccination, imports of bone-in fresh meat is allowed, whereas if the region is free of foot-and-mouth disease with vaccination, then only de-boned and matured meat may be imported into the Community. The World Organisation for Animal Health (OIE) determines the foot-and-mouth disease status of the OIE member countries and the Commission’s inspections verify the animal health status of third countries and their ability to meet Community requirements.

(4)

In July 2008, the status of free of foot-and-mouth disease with vaccination was reinstated by the OIE for the Brazilian State of Mato Grosso do Sul.

(5)

Considering the free of foot-and-mouth disease status of Mato Grosso do Sul, and considering the results of the Commission’s inspections carried out in Brazil, that State should be re-included in the list of territories from which imports into the Community of fresh de-boned and matured bovine meat are authorised under the uniform conditions applicable to the other Brazilian States free of foot-and-mouth disease with vaccination and currently authorised for such imports into the Community.

(6)

Certain parts of the Brazilian States of Mato Grosso and Minas Gerais are at present not included in the list of territories in Part 1 of Annex II to Decision 79/542/EEC from which imports into the Community of fresh de-boned and matured bovine meat are authorised. However, the entirety of those States is recognised by the OIE as free of foot-and-mouth disease with vaccination. In addition, the results of the Commission’s inspections carried out in Brazil provided sufficient guarantees as regards the animal health controls in place in the entirety of the States of Mato Grosso and Minas Gerais, in particular taking into account the system of specifically approved farms. Based on the OIE recognition and on those guarantees, it is opportune to include the entirety of the States of Mato Grosso and Minas Gerais in the list of territories from which imports into the Community of fresh de-boned and matured bovine meat are authorised.

(7)

The State of Mato Grosso do Sul and all parts of the States of Minas Gerais and Mato Grosso will be allowed to export fresh de-boned and matured bovine meat under the uniform conditions applicable to the Brazilian States free of foot-and-mouth disease with vaccination and currently authorised for such imports into the Community.

(8)

Decision 79/542/EEC should therefore be amended accordingly.

(9)

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

(1)

On 30 May 2007, the Council adopted Joint Action 2007/369/CFSP (1) for a period of three years. The operational phase of EUPOL AFGHANISTAN began on 15 June 2007.

(2)

It is up to the Council to adopt the financial reference amount intended to cover the expenditure related to EUPOL AFGHANISTAN for the period from 1 December 2008 until 30 November 2009,