ISSN 1725-2555 |
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Official Journal of the European Union |
L 331 |
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English edition |
Legislation |
Volume 51 |
Contents |
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I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory |
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II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
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DECISIONS |
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2008/920/EC |
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2008/921/EC |
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Commission Decision of 9 December 2008 amending Decision 2008/798/EC (notified under document number C(2008) 8197) ( 1 ) |
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AGREEMENTS |
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Commission |
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III Acts adopted under the EU Treaty |
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ACTS ADOPTED UNDER TITLE V OF THE EU TREATY |
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(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
10.12.2008 |
EN |
Official Journal of the European Union |
L 331/1 |
COUNCIL REGULATION (EC) No 1222/2008
of 1 December 2008
amending Regulation (EC) No 40/2008, as regards management measures adopted in the Indian Ocean Tuna Commission
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 20 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) |
Council Regulation (EC) No 40/2008 (2) fixes for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required. |
(2) |
At its annual meetings in 2006 and 2007, the Indian Ocean Tuna Commission (IOTC) adopted a number of management and control measures, concerning the limitation of fishing capacity of vessels fishing for tropical tunas and those fishing for swordfish and albacore; these measures which have been implemented in Community law by Regulation (EC) No 40/2008. |
(3) |
To ensure a sustainable exploitation of the highly migratory species in the Indian Ocean and taking into account the historical fishing patterns and the active presence of the EC fleet fishing for highly migratory species in the IOTC area during the reference years 2006 and 2007, it is appropriate to establish the number of Community vessels of 24 m in overall length or more and those of less than 24 m operating outside the exclusive economic zone fishing for tropical tuna, and the number of Community vessels fishing for swordfish and albacore, as well as the corresponding capacity in gross tonnage and the allocation among the Member States concerned. |
(4) |
Regulation (EC) No 40/2008 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EC) No 40/2008
Articles 72 and 73 of Regulation (EC) No 40/2008 shall be replaced by the following:
‘Article 72
Limitation of fishing capacity of vessels fishing for tropical tunas
1. The maximum number of Community vessels fishing for tropical tunas in the IOTC area, and the corresponding capacity in gross tonnage (GT), shall be as follows:
Member State |
Maximum number of vessels |
Capacity (GT) |
Spain |
22 |
61 400 |
France |
21 |
31 467 |
Italy |
1 |
2 137 |
2. Notwithstanding paragraph 1, Member States may change the number of vessels, by gear type, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved.
3. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are entered on the IOTC record of vessels or on the record of vessels of other Tuna Regional Fisheries Management Organisations. No vessels on an IUU vessels list of any Regional Fisheries Management Organisation may be transferred.
4. The Community vessels referred to in paragraph 1 shall also be authorised to fish for swordfish and albacore in the IOTC area.
5. In order to take into account the implementation of the development plans submitted to the IOTC, the limitations of fishing capacity, as mentioned in this Article, may be increased within the limits set out in those development plans.
Article 73
Limitation of fishing capacity of vessels fishing for swordfish or albacore
1. The maximum number of Community vessels fishing for swordfish and albacore in the IOTC area, and the corresponding capacity in GT, shall be as follows:
Member State |
Maximum number of vessels |
Capacity (GT) |
Spain |
27 |
11 600 |
France |
25 |
1 940 |
Portugal |
26 |
10 100 |
United Kingdom |
4 |
1 400 |
2. Notwithstanding paragraph 1, Member States may change the number of vessels, by gear type, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved.
3. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC record of vessels or on the record of vessels of other Tuna Regional Fisheries Organisations. No vessels on an IUU vessels list of any Regional Fisheries Management Organisation may be transferred.
4. The Community vessels referred to in paragraph 1 shall also be authorised to fish for tropical tuna in the IOTC area.
5. In order to take into account the implementation of the development plans submitted to the IOTC, the limitations of fishing capacity, as mentioned in this Article, may be increased within the limits set out in those development plans.’.
Article 2
Entry into force
This Regulation shall enter into force on the third 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, 1 December 2008.
For the Council
The President
H. NOVELLI
(1) OJ L 358, 31.12.2002, p. 59.
10.12.2008 |
EN |
Official Journal of the European Union |
L 331/3 |
COMMISSION REGULATION (EC) No 1223/2008
of 9 December 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 10 December 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 2008.
For the Commission
Jean-Luc DEMARTY
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 350, 31.12.2007, p. 1.
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 |
MA |
80,4 |
TR |
79,9 |
|
ZZ |
80,2 |
|
0707 00 05 |
JO |
167,2 |
MA |
56,2 |
|
TR |
88,0 |
|
ZZ |
103,8 |
|
0709 90 70 |
MA |
127,5 |
TR |
117,8 |
|
ZZ |
122,7 |
|
0805 10 20 |
BR |
44,6 |
EG |
30,5 |
|
MA |
76,3 |
|
TR |
53,5 |
|
UY |
34,6 |
|
ZA |
50,1 |
|
ZW |
43,9 |
|
ZZ |
47,6 |
|
0805 20 10 |
MA |
67,3 |
TR |
73,0 |
|
ZZ |
70,2 |
|
0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90 |
AR |
62,9 |
CN |
52,4 |
|
HR |
19,9 |
|
IL |
85,9 |
|
TR |
56,6 |
|
ZZ |
55,5 |
|
0805 50 10 |
MA |
64,0 |
TR |
61,1 |
|
ZZ |
62,6 |
|
0808 10 80 |
CA |
89,2 |
CL |
43,7 |
|
CN |
94,8 |
|
MK |
34,8 |
|
US |
97,9 |
|
ZA |
123,2 |
|
ZZ |
80,6 |
|
0808 20 50 |
AR |
73,4 |
CL |
48,4 |
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CN |
73,6 |
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TR |
97,0 |
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US |
128,8 |
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ZZ |
84,2 |
(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’.
10.12.2008 |
EN |
Official Journal of the European Union |
L 331/5 |
COMMISSION REGULATION (EC) No 1224/2008
of 9 December 2008
determining the extent to which the import licence applications submitted in November 2008 for certain milk products under certain tariff quotas opened by Regulation (EC) No 2535/2001 can be accepted
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 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 (2), and in particular Article 7(2) thereof,
Whereas:
Import licence applications lodged from 20 November to 30 November 2008 for certain tariff quotas referred to in Annex I to Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (3) relate to quantities greater than those available. The extent to which licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,
HAS ADOPTED THIS REGULATION:
Article 1
For import licence applications lodged from 20 November to 30 November 2008 for the tariff quotas referred to in parts I.A, I.D, I.F, I.H, I.I, and I.J of Annex I to Regulation (EC) No 2535/2001, licences shall be issued for the quantities requested, multiplied by the allocation coefficient(s) set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 10 December 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 2008.
For the Commission
Jean-Luc DEMARTY
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 238, 1.9.2006, p. 13.
(3) OJ L 341, 22.12.2001, p. 29.
ANNEX
I.A
Tariff quota number |
Allocation coefficient |
09.4590 |
100 % |
09.4599 |
— |
09.4591 |
100 % |
09.4592 |
— |
09.4593 |
— |
09.4594 |
— |
09.4595 |
2,040816 % |
09.4596 |
100 % |
‘—’: No application for a licence has been sent to the Commission. |
I.D
Products originating in Turkey
Tariff quota number |
Allocation coefficient |
09.4101 |
— |
‘—’: No application for a licence has been sent to the Commission. |
I.F
Products originating in Switzerland
Tariff quota number |
Allocation coefficient |
09.4155 |
99,009900 % |
I.H
Products originating in Norway
Tariff quota number |
Allocation coefficient |
09.4179 |
100 % |
I.I
Products originating in Iceland
Tariff quota number |
Allocation coefficient |
09.4205 |
100 % |
09.4206 |
100 % |
I.J
Products originating in the Republic of Moldova
Tariff quota number |
Allocation coefficient |
09.4210 |
— |
‘—’: No application for a licence has been sent to the Commission. |
10.12.2008 |
EN |
Official Journal of the European Union |
L 331/8 |
COMMISSION REGULATION (EC) No 1225/2008
of 9 December 2008
amending Regulation (EC) No 1186/2008 fixing the import duties in the cereals sector applicable from 1 December 2008
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 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
Whereas:
(1) |
The import duties in the cereals sector applicable from 1 December 2008 were fixed by Commission Regulation (EC) No 1186/2008 (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 1186/2008. |
(3) |
Regulation (EC) No 1186/2008 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes I and II to Regulation (EC) No 1186/2008 are hereby replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 10 December 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 2008.
For the Commission
Jean-Luc DEMARTY
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 161, 29.6.1996, p. 125.
(3) OJ L 319, 29.11.2008, p. 56.
ANNEX I
Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 10 December 2008
CN code |
Description |
Import duties (1) (EUR/t) |
1001 10 00 |
Durum wheat, high quality |
0,00 |
medium quality |
0,00 |
|
low quality |
0,00 |
|
1001 90 91 |
Common wheat seed |
0,00 |
ex 1001 90 99 |
High quality common wheat, other than for sowing |
0,00 |
1002 00 00 |
Rye |
40,45 |
1005 10 90 |
Maize seed other than hybrid |
32,93 |
1005 90 00 |
Maize, other than seed (2) |
32,93 |
1007 00 90 |
Grain sorghum other than hybrids for sowing |
40,45 |
(1) For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal the importer may benefit, under Article 2(4) of Regulation (EC) No 1249/96, from a reduction in the duty of:
— |
3 EUR/t, where the port of unloading is on the Mediterranean Sea, or |
— |
2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or the Atlantic coast of the Iberian peninsula. |
(2) The importer may benefit from a flatrate reduction of EUR 24 per tonne where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.
ANNEX II
Factors for calculating the duties laid down in Annex I
28.11.2008-8.12.2008
1. |
Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:
|
2. |
Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:
|
(1) Premium of 14 EUR/t incorporated (Article 4(3) of Regulation (EC) No 1249/96).
(2) Discount of 10 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).
(3) Discount of 30 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).
10.12.2008 |
EN |
Official Journal of the European Union |
L 331/11 |
COMMISSION REGULATION (EC) No 1226/2008
of 8 December 2008
amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe (1), and in particular Article 11(b) thereof,
Whereas:
(1) |
Annex III to Regulation (EC) No 314/2004 lists the persons covered by the freezing of funds and economic resources under that Regulation. |
(2) |
Council Decision 2008/922/CFSP (2) amends the Annex to Common Position 2004/161/CFSP (3) by adding 11 individuals and removing one individual. Annex III to Regulation (EC) No 314/2004 should, therefore, be amended accordingly. |
(3) |
In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex III to Regulation (EC) No 314/2004 is hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day 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, 8 December 2008.
For the Commission
Eneko LANDÁBURU
Director-General for External Relations
(2) See page 22 of this Official Journal.
(3) OJ L 50, 20.2.2004, p. 66.
ANNEX
Annex III to Regulation (EC) No 314/2004 is amended as follows:
(1) |
The following natural persons are added after number 168 of the list:
|
(2) |
The following natural person is deleted from the list:
|
10.12.2008 |
EN |
Official Journal of the European Union |
L 331/13 |
COMMISSION REGULATION (EC) No 1227/2008
of 9 December 2008
prohibiting fishing for black scabbardfish in Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII and XII by vessels flying the flag of Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 26(4) thereof,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(1) |
Council Regulation (EC) No 2015/2006 of 19 December 2006 fixing for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (3) lays down quotas for 2007 and 2008. |
(2) |
According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of, or registered in, the Member State referred to therein have exhausted the quota allocated for 2008. |
(3) |
It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing, |
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated for 2008 to the Member State referred to in the Annex to this Regulation for the stock referred to therein shall be deemed to be exhausted from the date stated in that Annex.
Article 2
Prohibitions
Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of, or registered in, the Member State referred to therein shall be prohibited from the date stated in that Annex. After that date it shall also be prohibited to retain on board, tranship or land such stock caught by those vessels.
Article 3
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 2008.
For the Commission
Fokion FOTIADIS
Director-General for Maritime Affairs and Fisheries
(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 261, 20.10.1993, p. 1.
(3) OJ L 384, 29.12.2006, p. 28.
ANNEX
No |
11/DSS |
Member State |
ESP |
Stock |
BSF/56712- |
Species |
Black scabbardfish (Aphanopus carbo) |
Area |
Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII and XII |
Date |
24.8.2008 |
II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory
DECISIONS
Commission
10.12.2008 |
EN |
Official Journal of the European Union |
L 331/15 |
COMMISSION DECISION
of 4 December 2008
approving certain amended programmes for the eradication and monitoring of animal diseases and zoonoses for the year 2008 and amending Decision 2007/782/EC as regards the reallocation of the Community’s financial contribution to certain Member States for programmes approved by that Decision
(notified under document number C(2008) 7572)
(2008/920/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Article 24(5) and (6) thereof,
Whereas:
(1) |
Decision 90/424/EEC lays down the procedures governing the Community’s financial contribution for programmes for the eradication, control and monitoring of animal diseases and zoonoses. |
(2) |
Commission Decision 2007/782/EC of 30 November 2007 approving annual and multi-annual national programmes and the financial contribution from the Community for the eradication, control and monitoring of certain animal diseases and zoonoses, presented by the Member States for 2008 and the following years (2) approves certain national programmes and sets out the rate and maximum amount of the Community’s financial contribution for each programme submitted by the Member States. |
(3) |
The Commission has assessed the reports submitted by the Member States on the expenditures incurred for those programmes. The results of that assessment show that certain Member States will not utilise their full allocation for 2008 while others will spend in excess of the allocated amount. |
(4) |
The Community’s financial contribution for a number of those national programmes therefore needs to be adjusted. It is appropriate to reallocate funding from national programmes which will not use their full allocation to those that will exceed it. The reallocation should be based on the most recent information on expenditure actually incurred by the concerned Member States. |
(5) |
In addition, Belgium, Denmark and Finland have submitted amended programmes for the monitoring of transmissible spongiform encephalopathies (TSEs), Hungary has submitted an amended programme for the eradication of rabies and Romania has submitted an amended programme for the eradication of classical swine fever. |
(6) |
The Commission has assessed those amended programmes from both the veterinary and the financial point of view. Those programmes were found to comply with relevant Community veterinary legislation, and in particular with the criteria set out in Decision 90/638/EEC (3). The amended programmes for those five Member States should therefore be approved. |
(7) |
Decision 2007/782/EC should therefore be amended accordingly. |
(8) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
The amended programme for the monitoring of transmissible spongiform encephalopathies (TSEs) submitted by Belgium on 23 May 2008 is hereby approved for the period from 1 January 2008 to 31 December 2008.
Article 2
The amended programme for the monitoring of transmissible spongiform encephalopathies (TSEs) submitted by Denmark on 18 June 2008 is hereby approved for the period from 1 January 2008 to 31 December 2008.
Article 3
The amended programme for the monitoring of TSEs submitted by Finland on 9 April 2008 is hereby approved for the period from 1 January 2008 to 31 December 2008.
Article 4
The amended programme for the eradication of rabies submitted by Hungary on 4 September 2008 is hereby approved for the period from 1 January 2008 to 31 December 2008.
Article 5
The amended programme for the eradication of classical swine fever submitted by Romania on 30 June 2008 is hereby approved for the period from 1 January 2008 to 31 December 2008.
Article 6
Decision 2007/782/EC is amended as follows:
1. |
In Article 1, paragraph 2 is replaced by the following: ‘2. The financial contribution by the Community shall be at the rate of 50 % of the costs to be incurred by each Member State referred to in paragraph 1 for the cost of carrying out laboratory tests, the compensation to owners for the value of their animals slaughtered subject to those programmes and the purchase of vaccine doses, and shall not exceed:
|
2. |
In Article 2, paragraph 2 is amended as follows:
|
3. |
In Article 3(2), points (a) and (b) are replaced by the following:
|
4. |
In Article 4, paragraph 2 is amended as follows:
|
5. |
In Article 5, paragraph 2 is amended as follows:
|
6. |
In Article 6, paragraph 2 is amended as follows:
|
7. |
In Article 7, paragraph 2 is amended as follows:
|
8. |
In Article 9, paragraph 2, is amended as follows:
|
9. |
In Article 10, paragraph 2 is amended as follows:
|
10. |
In Article 11, paragraph 2 is amended as follows:
|
11. |
In Article 12, paragraph 2 is amended as follows:
|
12. |
In Article 13, paragraph 2 is amended as follows:
|
13. |
In Article 14(2), point (c) is replaced by the following:
|
14. |
In Article 15(2), point (c), is replaced by the following:
|
15. |
Article 16(5), points (b) to (e) are replaced by the following:
|
16. |
In Article 18, paragraph 5 is amended as follows:
|
Article 7
This Decision is addressed to the Member States.
Done at Brussels, 4 December 2008.
For the Commission
Androulla VASSILIOU
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 19.
(2) OJ L 314, 1.12.2007, p. 29.
(3) OJ L 347, 12.12.1990, p. 27.
10.12.2008 |
EN |
Official Journal of the European Union |
L 331/19 |
COMMISSION DECISION
of 9 December 2008
amending Decision 2008/798/EC
(notified under document number C(2008) 8197)
(Text with EEA relevance)
(2008/921/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1), (b) thereof,
Whereas:
(1) |
Article 53 of Regulation (EC) No 178/2002 provides for the possibility to adopt appropriate Community emergency measures for food and feed imported from a third country in order to protect human health, animal health or the environment, where the risk cannot be contained satisfactorily by means of measures taken by the Member States individually. |
(2) |
High levels of melamine were found in infant milk and other milk products in China. Melamine is a chemical intermediate used in the manufacture of amino resins and plastics and is used as a monomer and as an additive for plastics. High levels of melamine in food can result in very severe health effects. |
(3) |
To counter the risk for health that may result from exposure to the melamine content of feed and food products, Commission Decision 2008/798/EC imposing special conditions governing the import of products containing milk or milk products originating in or consigned from China, and repealing Commission Decision 2008/757/EC, provides for a prohibition to import into the Community products containing milk or milk products, intended for the particular nutritional use of infants and young children, and requires Member States to perform systematic checks at import on other feed and food containing milk or milk products. That Decision also requires Member States to withdraw from the market any such product found to contain melamine in excess of 2,5 mg/kg product. |
(4) |
According to information made available by the Member States through the Rapid Alert System for Feed and Food, high level of melamine have been found recently also in products containing soya or soya products imported from China. Melamine has also been found in ammonium bicarbonate, used in food industry as raising agent. It is therefore appropriate to extend the measures laid down in Commission Decision 2008/798/EC also to those products. |
(5) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2008/798/EC is amended as follows:
1. |
In Article 2, paragraph 1 is replaced by the following: ‘Member States shall prohibit the import into the Community of products containing milk, milk products, soya or soya products intended for the particular nutritional use of infants and young children within the meaning of Council Directive 89/398/EEC on foods for particular nutritional uses, originating or consigned from China. Member States shall also ensure that any such product found after the entry into force of this Decision on the market shall be immediately withdrawn and destroyed.’ |
2. |
In Article 2, paragraph 2 is replaced by the following: ‘Member States shall carry out documentary, identity and physical checks, including laboratory analysis, on all consignments originating in or consigned from China of ammonium bicarbonate intended for food and feed and of feed and food containing milk, milk products, soya or soya products. Member States may carry out random checks prior to importing other feed and food products with a high protein content originating from China. Such checks shall in particular aim at ascertaining that the level of melamine, if any, does not exceed 2,5 mg/kg product. Consignments shall be detained pending the availability of the results of the laboratory analysis.’ |
3. |
Article 3 is replaced by the following: ‘Feed and food business operators or their representatives shall give prior notification to the point of control referred to in Article 2(3) of the estimated date and time of arrival of all consignments originating in or consigned from China of feed and food containing milk, milk products, soya or soya products.’ |
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 9 December 2008.
For the Commission
Androulla VASSILIOU
Member of the Commission
AGREEMENTS
Commission
10.12.2008 |
EN |
Official Journal of the European Union |
L 331/21 |
Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters
According to Article 3(2) of the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters (1), concluded by Council Decision 2006/326/EC (2) (hereafter ‘the Agreement’), whenever amendments to Council Regulation (EC) No 1348/2000 (3) are adopted, Denmark shall notify to the Commission of its decision whether or not to implement the content of such amendments.
Regulation (EC) No 1393/2007 of the European Parliament and of the Council (4) on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 was adopted on 13 November 2007.
In accordance with Article 3(2) of the Agreement, Denmark has by letter of 20 November 2007 notified the Commission of its decision to implement the contents of Regulation (EC) No 1393/2007. In accordance with Article 3(6) of the Agreement, the Danish notification creates mutual obligations between Denmark and the Community. Thus, Regulation (EC) No 1393/2007 constitutes amendment to the Agreement and is considered annexed thereto.
In accordance with Article 3(4) of the Agreement, the necessary administrative measures will take effect on the date of entry into force of Regulation (EC) No 1393/2007.
(1) OJ L 300, 17.11.2005, p. 55.
(2) OJ L 120, 5.5.2006, p. 23.
(3) OJ L 160, 30.6.2000, p. 37.
(4) OJ L 324, 10.12.2007, p. 79.
III Acts adopted under the EU Treaty
ACTS ADOPTED UNDER TITLE V OF THE EU TREATY
10.12.2008 |
EN |
Official Journal of the European Union |
L 331/22 |
COUNCIL DECISION 2008/922/CFSP
of 8 December 2008
implementing Common Position 2004/161/CFSP renewing restrictive measures against Zimbabwe
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Common Position 2004/161/CFSP (1), and in particular Article 6 thereof, in conjunction with Article 23(2) of the Treaty on European Union,
Whereas:
(1) |
By Common Position 2004/161/CFSP, the Council adopted measures, inter alia, to prevent the entry into or transit through the territories of Member States and to freeze the funds and economic resources of members of the Government of Zimbabwe and of natural or legal persons, entities or bodies associated with them, and of any other natural or legal persons whose activities seriously undermine democracy, respect for human rights and the rule of law in Zimbabwe, a list of whom is set out in the Annex to the said Common Position. |
(2) |
Following the violence organised and committed by the Zimbabwean authorities during the presidential election campaign in 2008, the Council decided to add certain other persons and entities to the list set out in the Annex to Common Position 2004/161/CFSP, by the adoption on 22 July 2008 of Decision 2008/605/CFSP (2). |
(3) |
The Council also decided to reinforce the restrictive measures on preventing the entry into or transit through the territories of Member States of the natural persons listed in the Annex to Common Position 2004/161/CFSP, by the adoption on 31 July 2008 of Common Position 2008/632/CFSP (3). |
(4) |
Given the violence organised and committed by the Zimbabwean authorities and the continuing blocking of the implementation of the political agreement signed on 15 September 2008, certain persons should be added to the list set out in the Annex to Common Position 2004/161/CFSP. |
(5) |
However, there is no longer any reason to keep one person on the list set out in the Annex to Common Position 2004/161/CFSP. |
(6) |
The Annex to Common Position 2004/161/CFSP should be revised accordingly, |
HAS DECIDED AS FOLLOWS:
Article 1
1. The persons appearing in Annex I to this Decision shall be added to the list in the Annex to Common Position 2004/161/CFSP.
2. The person appearing in Annex II to this Decision shall be withdrawn from the list in the Annex to Common Position 2004/161/CFSP.
Article 2
This Decision shall take effect on the date of its adoption.
Article 3
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 8 December 2008.
For the Council
The President
B. KOUCHNER
(1) OJ L 50, 20.2.2004, p. 66.
(2) OJ L 194, 23.7.2008, p. 34.
(3) OJ L 205, 1.8.2008, p. 53.
ANNEX I
Persons referred to in Article 1(1)
|
Member of Parliament elect for Mudzi North, directly involved in the campaign of terror waged before and after the elections |
||
|
ZNA, directly involved in the campaign of terror waged before and after the elections |
||
|
ZNA, directly involved in the campaign of terror waged before and after the elections |
||
|
Promoted on 12 August to the rank of Major General (retired); former Acting PUS for Ministry of Defence, directly involved in the campaign of terror waged before and after the elections |
||
|
Superintendent (retired), directly involved in the campaign of terror waged before and after the elections |
||
|
Assistant Inspector ZRP, directly involved in the campaign of terror waged before and after the elections |
||
|
Superintendent, directly involved in the campaign of terror waged before and after the elections |
||
|
Assistant Commissioner, directly involved in the campaign of terror waged before and after the elections |
||
|
SGT, directly involved in the campaign of terror waged before and after the elections |
||
|
Provincial Governor for Mashonaland Central |
||
|
Provincial Governor for Mashonaland West |
ANNEX II
The person referred to in Article 1(2)
|
ZANU (PF) Politburo Deputy Secretary General for Economic Affairs (former Minister of Finance), born 22.3.1950 Member of the Politburo and as such with strong ties to the Government and its policy. |
10.12.2008 |
EN |
Official Journal of the European Union |
L 331/s3 |
NOTE TO THE READER
The institutions have decided no longer to quote in their texts the last amendment to cited acts.
Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.