28.11.2008   

EN

Official Journal of the European Union

L 318/1

28.11.2008   

EN

Official Journal of the European Union

L 318/3

(1)

The import duties in the cereals sector applicable from 16 November 2008 were fixed by Commission Regulation (EC) No 1134/2008 (3).

(2)

As the average of the import duties calculated differs by more than EUR 5/tonne from that fixed, a corresponding adjustment must be made to the import duties fixed by Regulation (EC) No 1134/2008.

(3)

Regulation (EC) No 1134/2008 should therefore be amended accordingly,

28.11.2008   

EN

Official Journal of the European Union

L 318/6

(1)

Regulation (EC) No 1698/2005 established a single legal framework for EAFRD support for rural development throughout the Community. Commission Regulation (EC) No 1974/2006 (2) complemented that framework by introducing detailed implementing rules.

(2)

Article 57(2) of Regulation (EC) No 1974/2006 gives details on the implementation of Article 88 of Regulation (EC) No 1698/2005 regarding the application rules on State aids in cases of financial contributions provided by Member States as counterpart of Community support and Article 89 of Regulation (EC) No 1698/2005 regarding additional national funding outside the scope of Article 36 of the Treaty. It is appropriate to include certain measures relating to forestry in this Article. Moreover, point 9.B of Annex II to Regulation (EC) No 1974/2006 should be amended accordingly.

(3)

Article 63(8) of Regulation (EC) No 1974/2006 provides details on the exchange of data between the Commission and the Member States in cases of force majeure or exceptional circumstances, and in particular of malfunctioning of the system or a lack of a lasting connection. In order to make full use of available technical tools it is practical to allow the submission of documents by other appropriate electronic means in addition to the submission of hard copies.

(4)

Annex V of Regulation (EC) No 1974/2006 fixes the conversion rates of animals to livestock units as referred to in Article 27(13) of Regulation (EC) No 1974/2006. Regarding the conversion rate for ‘other poultry’ a typing error occurred. In order to take into account the specificities of certain poultry it should be made possible to increase that conversion rate. Annex V should therefore be adapted.

(5)

Article 44a of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (3) obliges Member States to ensure annual ex-post publication of the beneficiaries of the European Agricultural Guarantee Fund (EAGF) and of the European Agricultural Fund for Rural Development (EAFRD) and the amounts received by the beneficiary under each of these Funds. Commission Regulation (EC) No 259/2008 of 18 March 2008 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the publication of information on the beneficiaries of funds deriving from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) (4) provides rules as regards the content, form and date of the publication of information on beneficiaries. The second subparagraph of point 2.1 in Annex VI to Regulation (EC) No 1974/2006 establishes certain responsibilities for the Managing Authority to publish information about the beneficiaries receiving support from rural development programmes. In order to avoid overlapping provisions on the same subject matter it is appropriate to delete the second subparagraph of point 2.1 in Annex VI to Regulation (EC) No 1974/2006.

(6)

Regulation (EC) No 1974/2006 should be amended accordingly.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Rural Development Committee,

1.

Article 57(2) is replaced by the following:

‘2.   Rural development programmes may cover State aid intended to provide financial contributions provided by Member States as counterpart of Community support in accordance with Article 88 of Regulation (EC) No 1698/2005 in favour of measures pursuant to Articles 25, 43 to 49 and 52 of that Regulation and of operations under measures pursuant to Articles 21, 24, 28, 29 and 30 of that Regulation or additional national funding in accordance with Article 89 of that Regulation in favour of the measures pursuant to Articles 25, 27, 43 to 49 and 52 of that Regulation and of operations under measures pursuant to Articles 21, 24, 28, 29 and 30 of that Regulation, falling outside the scope of Article 36 of the Treaty, only if the State aid is identified in accordance with point 9.B of Annex II to this Regulation.’;

2.

In Article 63, paragraph 8 is replaced by the following:

‘8.   In cases of force majeure or exceptional circumstances, and in particular of malfunctioning of the System or a lack of a lasting connection, the Member State may submit the documents to the Commission in hard copy or by other appropriate electronic means. Such submission shall require the prior and formal agreement of the Commission.

Once the cause of force majeure or exceptional circumstance preventing use of the System ceases, the Member State shall input the documents concerned into the System. In this event, the date of sending shall be deemed to be the date of submission of the documents in hard copy or by other appropriate electronic means.’;

3.

Annexes II, V and VI are amended in accordance with the Annex to this Regulation.

28.11.2008   

EN

Official Journal of the European Union

L 318/9

(1)

Article 2 of Directive 96/22/EC (3) prohibits, inter alia, the placing on the market of stilbenes, stilbene derivatives, their salts and esters and thyrostatic substances for administering to animals of all species.

(2)

The reason for that absolute prohibition was that potential abuse or misuse would be more difficult if there were no product authorised for any animal species whatsoever on the market.

(3)

However, experience gained in particular with national residue plans submitted under Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products (4) has shown that the misuse of product presentations intended for pet animals does not play a role as a source of abuse or misuse. That is partly because it is economically unattractive to use presentations intended for pet animals for growth promotion in food-producing animals.

(4)

Moreover, the prohibition of thyrostatic substances has harmful consequences for the welfare of pet animals (dogs and cats) due to the lack of an alternative treatment for hyperthyroidism in those animals.

(5)

The Protocol on protection and welfare of animals annexed to the Treaty provides that the Community and the Member States are to pay full regard to the welfare requirements of animals in the implementation of Community policies, in particular with regard to the internal market.

(6)

It is therefore appropriate to limit the scope of Directive 96/22/EC only to food-producing animals and withdraw the prohibition for pet animals, as well as to adjust the definition of therapeutic treatment.

(7)

The Opinion of the Scientific Committee on Veterinary Measures relating to Public Health (SCVPH) of 30 April 1999 on the potential risks to human health from hormone residues in bovine meat and meat products (which was reviewed on 3 May 2000 and confirmed on 10 April 2002) concluded that there is a substantial body of recent evidence suggesting that oestradiol 17ß has to be considered as a complete carcinogen, as it exerts both tumour-initiating and tumour-promoting effects, and that the data currently available do not make it possible to give a quantitative estimate of the risk to human health. As a result, Directive 96/22/EC was amended by Directive 2003/74/EC so as to, inter alia, prohibit permanently the use of oestradiol 17β as a growth promoter and reduce substantively all other circumstances in which it can be administered to all farm animals for therapeutic or zootechnical purposes pending further examination of the factual and scientific situation and the veterinary practices in the Member States.

(8)

Article 11a of Directive 96/22/EC required the Commission to present a report by 14 October 2005 concerning the availability of alternative veterinary medicinal products to those containing oestradiol 17β for food-producing animals for therapeutic purposes. The Commission sought expert advice and established the relevant scientific report, which was forwarded to the European Parliament and the Council on 11 October 2005. That Report concludes that oestradiol 17β is not essential in the production of food-producing animals because the use of the available alternatives (especially prostaglandins) by practising veterinarians is already quite common in the Member States and that the complete prohibition of the use of oestradiol 17β for food-producing animals would have no, or only a negligible, impact on farming and animal welfare.

(9)

Proper compliance with the relevant legislation and the elimination of inappropriate use of unauthorised substances can be enhanced by means of objective information and awareness campaigns.

(10)

A temporary exemption was provided for the use of oestradiol 17β for oestrus induction in cattle, horses, sheep or goats until 14 October 2006. Since effective alternative products exist and are already used, and in order to ensure the high level of health protection chosen in the Community, that exemption should not be renewed.

(11)

Directive 96/22/EC should therefore be amended accordingly,

1.

In Article 1(2), point (b) shall be replaced by the following:

2.

Article 2 shall be replaced by the following:

‘Article 2

Member States shall prohibit the placing on the market of the substances listed in Annex II for administering to any animals, the meat and products of which are intended for human consumption, for purposes other than those provided for in point 2 of Article 4.’.

3.

In Article 4, point 2(i) shall be replaced by the following:

4.

Article 5a shall be deleted.

5.

In Articles 3, 6, 7, 8, 11 and 14 a, the references to Article 5a shall be deleted.

6.

In Article 11, paragraph 1 shall be replaced by the following:

‘1.   Third countries whose legislation authorises the placing on the market and administration of stilbenes, stilbene derivatives, their salts and esters, or of thyrostatic substances for administering to all species of animals the meat and products of which are intended for human consumption may not appear on any of the lists of countries provided for under Community legislation from which Member States are authorised to import farm or aquaculture animals or meat or products obtained from such animals.’.

7.

Article 11a shall be replaced by the following:

‘Article 11a

With regard to the substances listed in Annex III, the Commission shall seek additional information, taking into account recent scientific data from all possible sources, and keep the measures applied under regular review with a view to the timely presentation to the European Parliament and to the Council of any necessary proposals.’.

8.

The following Article shall be inserted:

‘Article 11b

The Commission, in collaboration with the Member States, shall set up an information and awareness campaign on the complete ban on the use of oestradiol 17β in food-producing animals, aimed at farmers and veterinary organisations in the EU as well as the relevant organisations outside the EU which are directly or indirectly involved in the export to the EU of food of animal origin falling within the scope of this Directive.’.

9.

Annex II shall be replaced by the text appearing in the Annex to this Directive.

28.11.2008   

EN

Official Journal of the European Union

L 318/12

(1)

Commission Decision 2002/747/EC of 9 September 2002 establishing revised ecological criteria for the award of the Community eco-label to light bulbs and amending Decision 1999/568/EC (2) expires on 28 February 2009.

(2)

Commission Decision 2003/31/EC of 29 November 2002 establishing revised ecological criteria for the award of the Community eco-label to detergents for dishwashers and amending Decision 1999/427/EC (3) expires on 31 December 2008.

(3)

Commission Decision 2005/342/EC of 23 March 2005 establishing revised ecological criteria for the award of the Community eco-label to hand dishwashing detergents (4) expires on 31 December 2008.

(4)

Commission Decision 2005/344/EC of 23 March 2005 establishing ecological criteria for the award of the Community eco-label to all purpose cleaners and cleaners for sanitary facilities (5) expires on 31 December 2008.

(5)

Commission Decision 2005/360/EC of 26 April 2005 establishing ecological criteria and the related assessment and verification requirements for the award of the Community eco-label to lubricants (6) expires on 31 May 2009.

(6)

Pursuant to Regulation (EC) No 1980/2000 a timely review has been carried out of the ecological criteria, as well as of the related assessment and verification requirements, established by those Decisions.

(7)

Given the different stages of the revision process for these Decisions it is appropriate to prolong the period of validity of the ecological criteria and the requirements for Decisions 2003/31/EC, 2005/342/EC and 2005/344/EC for a period of 24 months, and Decision 2002/747/EC and Decision 2005/360/EC for a period of 14 months.

(8)

Since the review obligation pursuant to Regulation (EC) No 1980/2000 concerns only the ecological criteria and assessment and verification requirements, it is appropriate that Decisions 2002/747/EC, 2003/31/EC, 2005/342/EC, 2005/344/EC and 2005/360/EC remain in effect.

(9)

Decisions 2002/747/EC, 2003/31/EC, 2005/342/EC, 2005/344/EC and 2005/360/EC should therefore be amended accordingly.

(10)

The measures provided for in this Decision are in accordance with the opinion of the Committee instituted by Article 17 of Regulation (EC) No 1980/2000,

28.11.2008   

EN

Official Journal of the European Union

L 318/14

(1)

On 19 November 2007 the Council adopted Joint Action 2007/749/CFSP establishing that the EUPM is to be continued until 31 December 2009. The financial reference amount for 2008 and 2009 is to be decided on an annual basis.

(2)

The mandate of the EUPM will be implemented in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy as set out in Article 11 of the Treaty,

28.11.2008   

EN

Official Journal of the European Union

L 318/15

‘(b)

in the case of import into, or transit through, the Community of waste that does not originate in a Member State, any of the following natural or legal persons under the jurisdiction of the country of destination who intends to carry out a shipment of waste or intends to have, or who has had, a shipment of waste carried out, being either:

‘(b)

in the case of import into, or transit through, the Community of waste that does not originate in a Member State, any of the following natural or legal persons under the jurisdiction of the country of dispatch who intends to carry out a shipment of waste or intends to have, or who has had, a shipment of waste carried out, being either:

28.11.2008   

EN

Official Journal of the European Union

L 318/s3