ISSN 1725-2555

Official Journal

of the European Union

L 340

European flag  

English edition

Legislation

Volume 51
19 December 2008


Contents

 

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

page

 

 

REGULATIONS

 

*

Council Regulation (EC) No 1286/2008 of 16 December 2008 amending Regulation (EC) No 193/2007, imposing a definitive countervailing duty on imports of certain polyethylene terephthalate, originating in India and amending Regulation (EC) No 192/2007 imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate, originating in, inter alia, India

1

 

 

Commission Regulation (EC) No 1287/2008 of 18 December 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

13

 

 

Commission Regulation (EC) No 1288/2008 of 18 December 2008 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 945/2008 for the 2008/2009 marketing year

15

 

*

Commission Regulation (EC) No 1289/2008 of 12 December 2008 amending Commission Regulation (EC) No 809/2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards elements related to prospectuses and advertisements ( 1 )

17

 

*

Commission Regulation (EC) No 1290/2008 of 18 December 2008 concerning the authorisation of a preparation of Lactobacillus rhamnosus (CNCM-I-3698) and Lactobacillus farciminis (CNCM-I-3699) (Sorbiflore) as a feed additive ( 1 )

20

 

*

Commission Regulation (EC) No 1291/2008 of 18 December 2008 concerning the approval of control programmes for salmonella in certain third countries in accordance with Regulation (EC) No 2160/2003 of the European Parliament and of the Council and listing of avian influenza surveillance programmes in certain third countries and amending Annex I to Regulation (EC) No 798/2008 ( 1 )

22

 

*

Commission Regulation (EC) No 1292/2008 of 18 December 2008 concerning the authorisation of Bacillus amyloliquefaciens CECT 5940 (Ecobiol and Ecobiol plus) as a feed additive ( 1 )

36

 

*

Commission Regulation (EC) No 1293/2008 of 18 December 2008 concerning the authorisation of a new use of Saccharomyces cerevisiae CNCM I-1077 (Levucell SC20 and Levucell SC10 ME) as a feed additive ( 1 )

38

 

*

Commission Regulation (EC) No 1294/2008 of 18 December 2008 amending Regulation (EC) No 318/2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof ( 1 )

41

 

*

Commission Regulation (EC) No 1295/2008 of 18 December 2008 on the importation of hops from third countries (Codified version)

45

 

*

Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (Codified version)

57

 

 

DIRECTIVES

 

*

Commission Directive 2008/123/EC of 18 December 2008 amending Council Directive 76/768/EEC, concerning cosmetic products, for the purpose of adapting Annexes II and VII thereto to technical progress ( 1 )

71

 

*

Commission Directive 2008/124/EC of 18 December 2008 limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as basic seed or certified seed (Codified version) ( 1 )

73

 

 

DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL

 

*

Decision No 1297/2008/EC of the European Parliament and of the Council of 16 December 2008 on a Programme for the Modernisation of European Enterprise and Trade Statistics (MEETS) ( 1 )

76

 

*

Decision No 1298/2008/EC of the European Parliament and of the Council of 16 December 2008 establishing the Erasmus Mundus 2009-2013 action programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries ( 1 )

83

 

 

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

 

 

DECISIONS

 

 

Commission

 

 

2008/960/EC

 

*

Commission Decision of 8 December 2008 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) (notified under document number C(2008) 7820)

99

 

 

2008/961/EC

 

*

Commission Decision of 12 December 2008 on the use by third countries’ issuers of securities of certain third country’s national accounting standards and International Financial Reporting Standards to prepare their consolidated financial statements (notified under document number C(2008) 8218)  ( 1 )

112

 

 

2008/962/EC

 

*

Commission Decision of 15 December 2008 amending Decisions 2001/405/EC, 2002/255/EC, 2002/371/EC, 2002/740/EC, 2002/741/EC, 2005/341/EC and 2005/343/EC in order to prolong the validity of the ecological criteria for the award of the Community eco-label to certain products (notified under document number C(2008) 8442)  ( 1 )

115

 


 

(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

19.12.2008   

EN

Official Journal of the European Union

L 340/1


COUNCIL REGULATION (EC) No 1286/2008

of 16 December 2008

amending Regulation (EC) No 193/2007, imposing a definitive countervailing duty on imports of certain polyethylene terephthalate, originating in India and amending Regulation (EC) No 192/2007 imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate, originating in, inter alia, India

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (1) (the basic Regulation), and in particular Articles 15 and 19 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

I.   PREVIOUS INVESTIGATION AND EXISTING MEASURES

(1)

On 30 November 2000, by Regulation (EC) No 2603/2000 (2), the Council imposed definitive countervailing duties on imports of certain polyethylene terephthalate (PET) originating in, inter alia, India (the country concerned) (the original investigation).

(2)

Following an expiry review, the Council, by Regulation (EC) No 193/2007 (3), imposed a definitive countervailing duty on imports of certain polyethylene terephthalate, originating in India (the anti-subsidy Regulation) for a further period of five years. The product concerned falls within the CN code 3907 60 20. The rate of the fixed duty ranges between 0 and 106,5 EUR/tonne for individually named exporters with a residual duty rate of 41,3 EUR/tonne imposed on imports from other exporters.

(3)

Furthermore, by Regulation (EC) 192/2007 (4), the Council imposed a definitive anti-dumping duty on the same product originating in India (the anti-dumping Regulation). Under this Regulation the rate of the fixed duty ranges between 88,9 and 200,9 EUR/tonne for individually named exporters with a residual duty rate of 181,7 EUR/tonne imposed on imports from other exporters.

(4)

In line with the principle that no product shall be subject to both anti-dumping and countervailing duties for the purpose of dealing with one and the same situation arising from dumping or from export subsidisation, the level of anti-dumping duties in the anti-dumping Regulation takes into account the amount of countervailing duty imposed by the anti-subsidy Regulation, in accordance with Article 14(1) of the basic Regulation.

II.   INITIATION OF A PARTIAL INTERIM REVIEW

(5)

Following the imposition of the definitive countervailing duty the Government of India (GOI) submitted that the circumstances with regard to two subsidy schemes (the Duty Entitlement Passbook Scheme and the Income Tax Exemption under Section 80 HHC of the Income Tax Act) have changed and that these changes are of a lasting nature. Consequently, it was argued that the level of subsidisation was likely to have decreased and thus measures that had been established partly on these schemes should be revised.

(6)

The Commission examined the evidence submitted by the GOI and considered it sufficient to justify the initiation of a review in accordance with the provisions of Article 19 of the basic Regulation, limited to the level subsidisation imports of certain polyethylene terephthalate, originating in India. After consultation of the Advisory Committee, the Commission initiated, by a notice published in the Official Journal of the European Union  (5) (‘the Notice of Initiation’), an ex officio partial interim review of Regulation (EC) No 193/2007.

(7)

The purpose of the partial interim review investigation is to assess the need for the continuation, removal or amendment of the existing measures in respect of those companies which benefited from one or both the changed subsidy schemes, where sufficient evidence was provided in line with the relevant provisions of the Notice of Initiation. The partial interim review investigation would also assess the need, depending on the review findings, to revise the measures applicable to other companies that cooperated in the investigation that set the level of the existing measures and/or the residual measure applicable for all other companies.

III.   INVESTIGATION PERIOD

(8)

The investigation covered the period from 1 April 2006 to 31 March 2007 (the review investigation period or RIP).

IV.   PARTIES CONCERNED BY THE INVESTIGATION

(9)

The Commission officially informed the GOI and those Indian exporting producers who cooperated in the previous investigation, were mentioned under Regulation (EC) No 193/2007 as benefiting from any of the two allegedly changed subsidy schemes and that were listed in the Annex to the Notice of Initiation, as well as the Community producers, of the initiation of the partial interim review investigation. Interested parties had the opportunity to make their views known in writing and to request a hearing. The written and oral comments submitted by the parties were considered and, where appropriate, taken into account.

(10)

In view of the number of parties involved in this review, the use of sampling techniques for the investigation of subsidisation was envisaged in accordance with Article 27 of the basic Regulation.

(11)

Two exporting producers made themselves known and provided the information requested for sampling. Therefore, the use of sampling techniques was not considered necessary. One of the two exporting producers that had submitted a sampling form did however later notify the Commission that it did not intend to complete a full questionnaire and provide the data necessary for the purpose of the investigation.

(12)

The Commission therefore sent and obtained a reply to the questionnaire from only one producer which was eligible for this review, namely Pearl Engineering Polymers Ltd (the company). A questionnaire was also addressed to the GOI. Replies were received from both the company and the GOI.

(13)

The Commission sought and verified all information it deemed necessary for the determination of subsidisation. Verification visits were carried out at the premises of the following interested parties:

1.

Government of India

Ministry of Commerce, New Delhi.

2.

Exporting producers in India

Pearl Engineering Polymers Ltd, New Delhi.

V.   DISCLOSURE AND COMMENTS ON PROCEDURE

(14)

The GOI and the other interested parties were informed of the essential facts and considerations upon which it was intended to propose to amend the duty rate applicable to the sole cooperating Indian producer and to the non-cooperating exporting producer also mentioned in the Annex to the Notice of Initiation as well as the intention to maintain existing measures for all other companies which did not cooperate with this partial interim review. They were also given a reasonable time to comment. All submissions and comments were taken duly into consideration as set out below.

B.   PRODUCT CONCERNED

(15)

The product covered by this review is the same product as the one concerned by Regulation (EC) No 193/2007, i.e. PET with a viscosity number of 78 ml/g or higher, according to ISO Standard 1628-5, originating in the country concerned. It is currently classifiable within CN code 3907 60 20.

C.   SUBSIDIES

I.   INTRODUCTION

(16)

On the basis of the information submitted by the GOI and the sole cooperating exporting producer and the replies to the Commission’s questionnaire, the following schemes, which allegedly involve the granting of subsidies, were investigated:

(a)

Advance Authorisation Scheme (formerly known as Advance Licence Scheme) (AAS);

(b)

Duty Entitlement Passbook Scheme (DEPS);

(c)

Export Promotion Capital Goods Scheme (EPCGS);

(d)

Income Tax Exemption Scheme (ITES);

(e)

Focus Market Scheme (FMS);

(f)

Target Plus Scheme (TPS).

(17)

The schemes (a) (b) (c) (e) and (f) specified above are based on the Foreign Trade (Development and Regulation) Act 1992 (No 22 of 1992) which entered into force on 7 August 1992 (Foreign Trade Act). The Foreign Trade Act authorises the GOI to issue notifications regarding the export and import policy. These are summarised in ‘Export and Import Policy’ documents, which are issued by the Ministry of Commerce every five years and updated regularly. One Export and Import Policy document is relevant to the RIP of this case, i.e. the five-year plan relating to the period 1 September 2004 to 31 March 2009 (EXIM-policy 04-09). In addition, the GOI also sets out the procedures governing the EXIM-policy 04-09 in a ‘Handbook of Procedures – 1 September 2004 to 31 March 2009, Volume I’ (HOP I 04-09). The Handbook of Procedure is also updated on a regular basis.

(18)

The Income Tax Schemes specified above under (d) are based on the Income Tax Act of 1961, which is amended yearly by the Finance Act.

(19)

In accordance with Article 11(10) of the basic Regulation, the Commission invited the GOI for additional consultations with respect to both changed and unchanged schemes with the aim of clarifying the factual situation as regards the alleged schemes and arriving at a mutually agreed solution. Following these consultations, and in the absence of a mutually agreed solution in relation to these schemes, the Commission included all these schemes in the investigation of subsidisation.

(20)

One interested party, representing Community industry alleged that a number of other schemes and subsidies continued to be available to Indian exporters. However, no definite evidence has emerged from the information showing that these schemes were used by the cooperating exporting producer. Therefore these matters have not been pursued further for the purpose of this specific proceeding.

II.   SPECIFIC SCHEMES

1.   Advance Authorisation Scheme (AAS)

(a)   Legal basis

(21)

The detailed description of the scheme is contained in paragraphs 4.1.1 to 4.1.14 of the EXIM-policy 04-09 and chapters 4.1 to 4.30 of the HOP I 04-09. This scheme was called Advance Licence Scheme during the previous review investigation that led to the imposition by Regulation (EC) No 193/2007 of the definitive countervailing duty currently in force.

(b)   Eligibility

(22)

The AAS consists of six sub-schemes, as described in more detail in recital 23. Those sub-schemes differ, inter alia, in the scope of eligibility. Manufacturer-exporters and merchant-exporters ‘tied to’ supporting manufacturers are eligible for the AAS physical exports and for the AAS for annual requirement. Manufacturer-exporters supplying the ultimate exporter are eligible for AAS for intermediate supplies. Main contractors which supply to the ‘deemed export’ categories mentioned in paragraph 8.2 of the EXIM-policy 04-09, such as suppliers of an export oriented unit (EOU), are eligible for AAS deemed export. Eventually, intermediate suppliers to manufacturer-exporters are eligible for ‘deemed export’ benefits under the sub-schemes Advance Release Order (ARO) and back-to-back inland letter of credit.

(c)   Practical implementation

(23)

Advance authorisations can be issued for:

(i)

physical exports: this is the main sub-scheme. It allows for duty-free import of input materials for the production of a specific resultant export product. ‘Physical’ in this context means that the export product has to leave Indian territory. An import allowance and export obligation, including the type of export product are specified in the licence;

(ii)

annual requirement: such an authorisation is not linked to a specific export product, but to a wider product group (e.g. chemical and allied products). The licence holder can — up to a certain value threshold set by its past export performance — import duty free any input to be used in manufacturing any of the items falling under such a product group. It can choose to export any resultant product falling under the product group using such duty-exempt material;

(iii)

intermediate supplies: this sub-scheme covers cases where two manufacturers intend to produce a single export product and divide the production process. The manufacturer-exporter who produces the intermediate product can import duty-free input materials and can obtain for this purpose an AAS for intermediate supplies. The ultimate exporter finalises the production and is obliged to export the finished product;

(iv)

deemed exports: this sub-scheme allows a main contractor to import free of duty inputs which are required in manufacturing goods to be sold as ‘deemed exports’ to the categories of customers mentioned in paragraph 8.2(b) to (f), (g), (i) and (j) of the EXIM-policy 04-09. According to the GOI, deemed exports refer to those transactions in which the goods supplied do not leave the country. A number of categories of supply is regarded as deemed exports provided the goods are manufactured in India, e.g. supply of goods to an EOU or to a company situated in a special economic zone (SEZ);

(v)

ARO: the AAS holder intending to source the inputs from indigenous sources, in lieu of direct import, has the option to source them against AROs. In such cases the Advance Authorisations are validated as AROs and are endorsed to the indigenous supplier upon delivery of the items specified therein. The endorsement of the ARO entitles the indigenous supplier to the benefits of deemed exports as set out in paragraph 8.3 of the EXIM-policy 04-09 (i.e. AAS for intermediate supplies/deemed export, deemed export drawback and refund of terminal excise duty). The ARO mechanism refunds taxes and duties to the supplier instead of refunding the same to the ultimate exporter in the form of drawback/refund of duties. The refund of taxes/duties is available both for indigenous inputs as well as imported inputs;

(vi)

back-to-back inland letter of credit: this sub-scheme again covers indigenous supplies to an Advance Authorisation holder. The holder of an Advance Authorisation can approach a bank for opening an inland letter of credit in favour of an indigenous supplier. The authorisation will be invalidated by the bank for direct import only in respect of the value and volume of items being sourced indigenously instead of importation. The indigenous supplier will be entitled to deemed export benefits as set out in paragraph 8.3 of the EXIM-policy 04-09 (i.e. AAS for intermediate supplies/deemed export, deemed export drawback and refund of terminal excise duty).

(24)

It was established that during the RIP, the cooperating exporter only obtained concessions under two sub-schemes linked to the product concerned, i.e. (i) AAS physical exports and (iv) AAS for deemed exports. It is therefore not necessary to establish the countervailability of the remaining unused sub-schemes.

(25)

Following the imposition by Regulation (EC) No 193/2007 of the definitive countervailing duty currently in force, the GOI has modified the verification system applicable to AAS. In concrete terms, for verification purposes by the Indian authorities, an Advance Authorisation holder is legally obliged to maintain ‘a true and proper account of consumption and utilisation of duty-free imported/domestically procured goods’ in a specified format (Chapters 4.26, 4.30 and Appendix 23 HOP I 04-09), i.e. an actual consumption register. This register has to be verified by an external chartered accountant/cost and works accountant who issues a certificate stating that the prescribed registers and relevant records have been examined and the information furnished under Appendix 23 is true and correct in all respects. Nevertheless, the aforesaid provisions apply only to Advance Authorisations issued on or after 13 May 2005. For all Advance Authorisations or Advance Licences issued before that date, holders are requested to follow the previously applicable verification provisions, i.e. to keep a true and proper account of licence-wise consumption and utilisation of imported goods in the specified format of Appendix 18 (Chapter 4.30 and Appendix 18 HOP I 02-07).

(26)

With regard to the sub-schemes used during the RIP by the sole cooperating exporting producer, i.e. physical exports and deemed exports, both the import allowance and the export obligation are fixed in volume and value by the GOI and are documented on the Authorisation. In addition, at the time of import and of export, the corresponding transactions are to be documented by Government officials on the Authorisation. The volume of imports allowed under this scheme is determined by the GOI on the basis of standard input-output norms (SIONs). SIONs exist for most products, including the product concerned and are published in the HOP II 04-09.

(27)

In this respect it should be noted that the SIONs are regularly revised. Since the one cooperating exporter used licences issued at different times, this also meant that different SIONs were applied by this company under the RIP.

(28)

Imported input materials are not transferable and have to be used to produce the resulting export product. The export obligation must be fulfilled within a prescribed time frame after issuance of the licence (24 months with two possible extensions of six months each).

(29)

The review investigation established that while the cooperating exporting producer could establish the total consumption of raw materials there was no actual consumption register for the product concerned. Consumption was only presumed to be in line with the SIONs. It was therefore not possible to establish whether SION requirements, stipulated under specific authorisations/licences, with respect to duty-free input materials exceed the material needed to produce the reference quantity of the resulting export product.

(30)

Moreover, the review investigation established that raw materials were imported under three different authorisations/licences and different SION norms and then were mixed and physically incorporated in the production process of the same exported good. The fact that there are three different SIONs with different consumption norms for each of the raw materials further underlines the problem in establishing the actual consumption of the cooperating exporter. In this respect, it is clear that an actual consumption register is a basic requirement in order to allow for verification as to whether the duty-free input materials exceed the material needed to produce the reference quantity of the resulting export product.

(31)

The review investigation also established that the verification requirements stipulated by the Indian authorities were either not honoured or not yet tested in practice. For Advance Licences issued before 13 May 2005 the necessary actual consumption and stock registers (i.e. Appendix 18) were not sent to the relevant authorities and hence not controlled by GOI. For Advance Authorisations issued after 13 May 2005 the necessary actual consumption and stock registers are required but GOI had not yet verified the compliance of these registers with EXIM policy requirements. In particular, the registers were verified by external chartered accountants as required by the relevant Indian legislation mentioned under recital 25 but there were no records kept either by the company or by the chartered accountant on how this certification process took place. There was no audit plan or any other supporting material of the audit performed, no recorded information on the methodology used and the specific requirements needed for such scrupulous work that requires detailed technical knowledge on production processes, EXIM policy requirements and accounting procedures. Account taken of this situation, it is considered that the investigated exporter was not able to demonstrate that the relevant EXIM provisions were met.

(d)   Disclosure comments

(32)

The cooperating exporter challenged the findings above, in particular with respect to the conclusions as concerns the chartered accountant as detailed in recital 31. To this end it was claimed that there is no national or international legal provision that requires an audited company to maintain a record of how an audit was carried out. On the contrary, Indian law stipulates that the working papers are the property of the auditor. Under such circumstances and considering that no prior request to meet the chartered accountant had been made before the verification visit, the fact that the audited company was not in the possession of such supporting documents at the time of the visit should not be held against it. Furthermore, it was also claimed that the basic Regulation in any event would not authorise the Commission services to verify documents held outside the investigated company such as would be the case with an independent accountant. It was also argued that the actual consumption of the sole cooperating producer had been higher than the SION norms for every input and that there was no excess remission of duties.

(33)

In this respect it is recalled that the verification process performed by the chartered accountant and the issuing of the relevant certificate form part of the verification system introduced by the GOI in its EXIM policy. To this end the EXIM policy has introduced the chartered accountant as an actor in the implementation of the system and the Commission had to examine whether the aforesaid verification system was effectively applied. The fact that the company could not show that either itself nor the assigned chartered account hold any record on the checks performed in order to issue the EXIM policy stipulated certificate demonstrates that the company was not in a position to prove that the relevant EXIM policy provisions were met. As to the company’s claim that that there in any event was no excess remission of duties it is recalled that the actual situation found on the spot (i.e. mixture of inputs and produced products, use of different SION norms, lack of the by EXIM policy stipulated actual consumption registers) and pending the fulfilment of the necessary final verification steps by the GOI, showed that any calculation with respect to actual consumption and consequent excess remission of duties per authorisation/licence and SION norm was not feasible.

(e)   Conclusion

(34)

The exemption from import duties is a subsidy within the meaning of Article 2(1)(a)(ii) and Article 2(2) of the basic Regulation, i.e. a financial contribution of the GOI which conferred a benefit upon the investigated exporter.

(35)

In addition, AAS physical exports and AAS for deemed exports are clearly contingent in law upon export performance, and therefore deemed to be specific and countervailable under Article 3(4)(a) of the basic Regulation. Without an export commitment a company cannot obtain benefits under these schemes.

(36)

None of the two sub-schemes used in the present case can be considered as permissible duty drawback systems or substitution drawback systems within the meaning of Article 2(1)(a)(ii) of the basic Regulation. They do not conform to the rules laid down in Annex I item (i), Annex II (definition and rules for drawback) and Annex III (definition and rules for substitution drawback) to the basic Regulation. The GOI did not effectively apply its verification system or procedure to confirm whether and in what amounts inputs were consumed in the production of the exported product (Annex II(II)(4) to the basic Regulation and, in the case of substitution drawback schemes, Annex III(II)(2) to the basic Regulation). The SIONs themselves cannot be considered a verification system of actual consumption, since duty-free input materials imported under authorisations/licences with different SION yields are mixed in the same production process for an exporting good. This type of process does not enable the GOI to verify with sufficient precision what amounts of inputs were consumed in the export production and under which SION benchmark they should be compared. Furthermore, an effective control done by the GOI based on a correctly kept actual consumption register either did not take place or has not yet been completed. In addition, the GOI did not carry out a further examination based on actual inputs involved, although this would normally need to be carried out in the absence of an effectively applied verification system (Annex II(II)(5) and Annex III(II)(3) to the basic Regulation). Moreover, it is recalled that the company in question did not have a consumption register that allowed for a verification of real consumption of raw material per product type. Therefore, even if an efficient control system had been put in place it would not have been possible for the GOI to ascertain what amounts inputs were consumed in the production of the exported product. Finally, the involvement of chartered accountants in the verification process has not led to the improvement of the verification system as no detailed rules exist on how chartered accountants should perform the entrusted tasks and the information presented during the investigation could not warrant the fulfilment of the aforesaid rules laid down under the basic Regulation.

(37)

These two sub-schemes are therefore countervailable.

(f)   Calculation of the subsidy amount

(38)

In the absence of permitted duty drawback systems or substitution drawback systems, the countervailable benefit is the remission of total import duties normally due upon importation of inputs. In this respect, it is noted that the basic Regulation does not only provide for the countervailing of an ‘excess’ remission of duties. According to Article 2(1)(a)(ii) and Annex I(i) to the basic Regulation only an excess remission of duties can be countervailed, provided the conditions of Annexes II and III to the basic Regulation are met. However, these conditions were not fulfilled in the present case. Thus, if an absence of an adequate monitoring process is established, the above exception for drawback schemes is not applicable and the normal rule of the countervailing of the amount of (revenue forgone) unpaid duties, rather than any purported excess remission, applies. As set out in Annexes II(II) and III(II) to the basic Regulation the burden is not upon the investigating authority to calculate such excess remission. To the contrary, according to Article 2(1)(a)(ii) of the basic Regulation it only has to establish sufficient evidence to refute the appropriateness of an alleged verification system.

(39)

The subsidy amount for the exporter which used the AAS was calculated on the basis of import duties forgone (basic customs duty and special additional customs duty) on the material imported under the two sub-schemes used for the product concerned during the RIP (nominator). In accordance with Article 7(1)(a) of the basic Regulation, fees necessarily incurred to obtain the subsidy were deducted from the subsidy amount where justified claims were made. In accordance with Article 7(2) of the basic Regulation, this subsidy amount has been allocated over the export turnover generated by the product concerned during the RIP as appropriate denominator, because the subsidy is contingent upon export performance and was not granted by reference to the quantities manufactured, produced, exported or transported.

(40)

The subsidy rate established in respect of this scheme during the RIP for the sole cooperating producer amounts to 12,8 %.

2.   Duty Entitlement Passbook Scheme (DEPS)

(a)   Legal basis

(41)

The detailed description of the DEPS is contained in paragraph 4.3 of the EXIM-policy 04-09 and in Chapter 4 of the HOP I 04-09.

(42)

It was found that the cooperating exporting producer obtained no countervailable benefits under the DEPS. It was therefore not found necessary to further analyse this scheme in the scope of this investigation.

3.   Export Promotion Capital Goods Scheme (EPCGS)

(a)   Legal basis

(43)

The detailed description of the EPCGS is contained in Chapter 5 of the EXIM-policy 04-09 and in Chapter 5 of the HOP I 04-09.

(b)   Eligibility

(44)

Manufacturer-exporters, merchant-exporters ‘tied to’ supporting manufacturers and service providers are eligible for this scheme.

(c)   Practical implementation

(45)

Under the condition of an export obligation, a company is allowed to import capital goods (new and — since April 2003 — second-hand capital goods up to 10 years old) at a reduced rate of duty. To this end, the GOI issues, upon application and payment of a fee, an EPCGS licence. Since April 2000, the scheme provides for a reduced import duty rate of 5 % applicable to all capital goods imported under the scheme. Until 31 March 2000, an effective duty rate of 11 % (including a 10 % surcharge) and, in case of high value imports, a zero duty rate was applicable. In order to meet the export obligation, the imported capital goods must be used to produce a certain amount of export goods during a certain period.

(46)

The EPCGS licence holder can also source the capital goods indigenously. In such case, the indigenous manufacturer of capital goods may avail of the benefit for duty-free import of components required to manufacture such capital goods. Alternatively, the indigenous manufacturer can claim the benefit of deemed export in respect of supply of capital goods to an EPCGS licence holder.

(d)   Disclosure comments

(47)

No comments with respect to EPCGS were submitted upon disclosure.

(e)   Conclusion on EPCG Scheme

(48)

The EPCGS provides subsidies within the meaning of Article 2(1)(a)(ii) and Article 2(2) of the basic Regulation. The duty reduction constitutes a financial contribution by the GOI, since this concession decreases the GOI’s duty revenue, which would be otherwise due. In addition, the duty reduction confers a benefit upon the exporter, because the duties saved upon importation improve its liquidity.

(49)

Furthermore, the EPCGS is contingent in law upon export performance, since such licences cannot be obtained without a commitment to export. Therefore, it is deemed to be specific and countervailable under Article 3(4)(a) of the basic Regulation.

(50)

Finally, this scheme can not be considered a permissible duty drawback system or substitution drawback system within the meaning of Article 2(1)(a)(ii) of the basic Regulation. Capital goods are not covered by the scope of such permissible systems, as set out in Annex I(i) to the basic Regulation, because they are not consumed in the production of the exported products.

(f)   Calculation of the subsidy amount

(51)

The one cooperating exporter had not purchased any capital goods in the IP. The company continued however to benefit from duty exemptions for capital goods purchased before the IP at the amount established in the original investigation. As established in the original investigation the subsidy amount obtained during the RIP was calculated, in accordance with Article 7(3) of the basic Regulation, on the basis of the unpaid customs duty on imported capital goods spread across a period which reflects the actual depreciation period of such capital goods of the exporting producer. In accordance with the established practice, the amount so calculated which is attributable to the RIP has been adjusted by adding interest during this period in order to reflect the full value of the benefit over time. Fees necessarily incurred to obtain the subsidy were deducted in accordance with Article 7(1)(a) of the basic Regulation from this sum to arrive at the subsidy amount as numerator. In accordance with Article 7(2) and 7(3) of the basic Regulation this subsidy amount has been allocated over the export turnover during the review investigation period as appropriate denominator, because the subsidy is contingent upon export performance and it was not granted by reference to the quantities manufactured, produced, exported or transported. The subsidy rate established with respect to the benefit obtained by the company during the RIP was 0,3 %.

4.   Income Tax Exemption Scheme (ITES)

(a)   Legal basis

(52)

Under this scheme exporters could avail the benefit of a partial income tax exemption on profits derived from export sales. The legal basis for this exemption was set by Section 80HHC of the ITA.

(53)

This provision was abolished for the assessment year 2005-2006 (i.e. for the financial year from 1 April 2004 to 31 March 2005) onwards and thus 80HHC of the ITA does not confer any benefits after 31 March 2004. The sole cooperating exporting producer did not avail of any benefits under this scheme during the RIP. Consequently, since the scheme has been withdrawn, it shall therefore not be countervailed, in accordance with Article 15(1) of the basic Regulation.

5.   Focus Market Scheme (FMS)

(a)   Legal basis

(54)

The detailed description of the FMS is contained in Chapter 3.9 of the EXIM-policy 04-09 and in Chapter 3.20 of the HOP I 04-09. While the company reported this scheme, the investigation revealed that no benefit was received in the RIP. Since it was found that the cooperating exporting producer did not obtain any countervailable benefits under this scheme, it was not found necessary to further analyse it in the scope of this investigation.

6.   Target Plus Scheme (TPS)

(a)   Legal basis

(55)

The detailed description of the TPS is contained in Chapter 3.7 of the EXIM-policy 04-09 and in Chapter 3.2 of the HOP I 04-09.

(b)   Eligibility

(56)

Any manufacturing exporter is eligible to apply for this scheme

(c)   Practical implementation

(57)

This scheme aims at giving a premium to companies that increase their export turnover growth. To this end the scheme allows eligible companies to avail of duty credit ranging between 5 % and 15 % of an amount based on the difference between the FOB values of exports made in two consecutive financial years.

(58)

Companies wishing to benefit from the scheme have to file an application to the Ministry of Commerce and industry. Once authorised, a licence indicating the amount of the duty credit is issued by the relevant authorities.

(59)

This scheme was discontinued in March 2006 and replaced over time by two new schemes, the Focus Market Scheme and the Focus Product Scheme. The right to apply for TPS licence did however continue until March 2007 and companies availing of the scheme may make use of the relevant duty credit entitlements until March 2009.

(d)   Disclosure comments

(60)

The cooperating producer considered that there was no benefit accrued to the company in the RIP of this scheme and considering that the scheme was withdrawn in 2006 it should not be countervailed. However, as detailed above, the investigation revealed that a benefit was conferred on the company in the RIP and furthermore, while the scheme indeed has been abandoned, companies may continue to benefit from it until 2009.

(e)   Conclusion on Target Plus Scheme

(61)

The TPS provides subsidies within the meaning of Article 2(1)(a) (ii) and Article 2(2) of the basic Regulation. A TPS duty credit is a financial contribution by the GOI, since the credit will eventually be used to offset import duties, thus decreasing the GOI’s duty revenue which would be otherwise due. In addition, the TPS duty credit confers a benefit upon the exporter, because it improves its liquidity.

(62)

Furthermore, the TPS is contingent in law upon export performance, and therefore deemed to be specific and countervailable under Article 3(4)(a) of the basic Regulation.

(63)

This scheme cannot be considered a permissible duty drawback system or substitution drawback system within the meaning of Article 2(1)(a)(ii) of the basic Regulation. It does not conform to the strict rules laid down in Annex I item (i), Annex II (definition and rules for drawback) and Annex III (definition and rules for substitution drawback) to the basic Regulation. An exporter is under no obligation to actually consume the goods imported free of duty in the production process and the amount of credit is not calculated in relation to actual inputs used. There is no system or procedure in place to confirm which inputs are consumed in the production process of the exported product or whether an excess payment of import duties occurred within the meaning of item (i) of Annex I and Annexes II and III to the basic Regulation. An exporter is eligible for the TPS benefits regardless of whether it imports any inputs at all. In order to obtain the benefit, it is sufficient for an exporter to simply increase its export turnover without demonstrating that any input material was imported. Thus, even exporters which procure all of their inputs locally and do not import any goods which can be used as inputs are still entitled to benefit from the TPS.

(f)   Calculation of the subsidy amount

(64)

The amount of countervailable subsidies was calculated in terms of the benefit conferred on the recipient, which is found to exist during the RIP as booked by the cooperating exporting producer on an accrual basis as income at the stage of export transaction. In accordance with Article 7(2) and 7(3) of the basic Regulation this subsidy amount (nominator) has been allocated over the export turnover during the RIP as appropriate denominator, because the subsidy is contingent upon export performance and it was not granted by reference to the quantities manufactured, produced, exported or transported.

(65)

The subsidy rate established with regard to this scheme during the RIP for the sole cooperating exporting producer amounts to 0,7 %.

III.   AMOUNT OF COUNTERVAILABLE SUBSIDIES

(66)

It is recalled that of the subsidy margin, established in the original investigation was found to be 5,8 % for the sole exporting producer cooperating with the present partial interim review.

(67)

During the present partial interim review the amount of countervailing subsidies, expressed ad valorem, was fount to be 13,8 %, as listed hereunder:

Scheme

Company

ALS

DEPS

EPCGS

ITIRAD

FMS

TPS

Total

%

%

%

%

%

%

%

Pearl Engineering Polymers Ltd

12,8

0

0,3

0

0

0,7

13,8

(68)

Account taken of the above it is concluded that the level of subsidisation with regard to the sole cooperating exporting producer has increased.

D.   COUNTERVAILING MEASURES AND ANTI-DUMPING MEASURES

I.   COUNTERVAILING MEASURES

(69)

In line with the provisions of Article 19 of the basic Regulation and the grounds of this partial interim review stated under point 3 of the Notice of Initiation, it is established that the margin of subsidisation with regard to the sole cooperating producer has increased from 5,8 % to 13,8 % and, therefore, the rate of countervailing duty, imposed to this exporting producer by Regulation (EC) No 193/2007 has to be amended accordingly.

(70)

The second company that was concerned with the present partial interim review Reliance Industries Ltd, had the highest subsidy margin in the original investigation but did not cooperate in this review. Since this company did not cooperate an assessment had to be based on best facts available in accordance with Article 28 of the basic Regulation. In this respect and in view of the findings as concern the one cooperating exporter, it is also likely that this non-cooperating exporting producer will continue to avail of benefits under the investigated subsidisation schemes at least the same rate as that established for the cooperator. It must thus be concluded that the level of subsidisation with regard to the one non-cooperating exporting producer concerned by the review has also increased to 13,8 % and, therefore, the rate of countervailing duty, imposed on this exporting producer by Regulation (EC) No 193/2007, has to be amended accordingly.

(71)

With regard to companies that cooperated in the original investigation but that were not identified as concerned by the investigation in the Annex to the Notice of Initiation, there was no indication that the countervailing and dumping duty rates applicable to such companies need to be recalculated. Consequently, the individual rates of the duty applicable to all other parties except Pearl Engineering and Reliance Industries mentioned under Article 1(2) of Regulation (EC) No 193/2007 remain unchanged.

(72)

Conversely, as concerns the companies that cooperated neither in this review nor in the original investigation, these must be considered to continue to avail of benefits under the investigated subsidisation schemes at least the same rate as that established for the sole cooperator. In order to avoid granting a bonus for non-cooperation it is considered appropriate to establish level of subsidisation applicable to ‘all other companies’ as the highest rate set for any company cooperating in the original investigation i.e. 13,8 %.

(73)

The amended countervailing duty rates should be established at the level of the new rates of subsidisation found during the present review, as the injury margins calculated in the original anti-subsidy investigation remain higher.

(74)

The individual company countervailing duty rates specified in this Regulation reflect the situation found during the partial interim review. Thus, they are solely applicable to imports of the product concerned produced by these companies. Imports of the product concerned manufactured by any other company not specifically mentioned in the operative part of this Regulation, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to ‘all other companies’.

(75)

In order to avoid that fluctuations in the PET prices caused by variations in the crude oil prices result in higher duties being collected it is recalled that the measures in place have been set in the form of a specific duty per tonne. The amount set results from the application of the countervailing duty rate to the CIF export prices that were used for the calculation of the injury elimination level in the original investigation. The same method has been used for the purpose of establishing the amended specific duty levels in the context of this review.

(76)

The margins and duty rates applicable should therefore be calculated as indicated in the table below.

 

Countervailing duty rate

Proposed countervailing duty rate

(EUR/tonne)

Reliance Industries Ltd

13,8 %

69,4

Pearl Engineering Polymers Ltd

13,8 %

74,6

Senpet Ltd

4,43 %

22,0

Futura Polyesters Ltd

0 %

0,0

South Asian Petrochem Ltd

13,9 %

106,5

All other companies

13,8 %

69,4

(77)

Any claim requesting the application of these individual countervailing duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission (6) forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for instance, that name change or that change in the production and sales entities. If appropriate, and after consultation of the Advisory Committee, the Regulation will be amended accordingly by updating the list of companies benefiting from individual duty rates.

II.   ANTI-DUMPING MEASURES

(78)

The amendment of the countervailing duty rate will have an impact on the definitive anti-dumping duty imposed on producers in India, by Regulation (EC) No 192/2007.

(79)

In the original anti-dumping investigation, the anti-dumping duty was adjusted in order to avoid any double-counting of the effects of benefits from export subsidies. In this regard, Article 14(1) of the Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (7) and Article 24(1) of the basic anti-subsidy Regulation provide that no product shall be subject to both anti-dumping and countervailing measures for the purpose of dealing with one and the same situation arising from dumping or export subsidisation. It was found in the original anti-subsidy investigation as well as in the present partial interim review that certain of the subsidy schemes investigated, which were found to be countervailable, constituted export subsidies within the meaning of Article 3(4)(a) of the basic anti-subsidy Regulation. As such, these subsidies affected the export price of the Indian exporting producers, thus leading to an increased margin of dumping. In other words, the definitive dumping margins established in the original anti-dumping investigation were partly due to the existence of export subsidies.

(80)

Consequently, the definitive anti-dumping duty rates for the exporting producers concerned must now be adjusted to take account of the revised level of benefit received from export subsidies in the RIP in the present partial interim review to reflect the actual dumping margin remaining after the imposition of the adjusted definitive countervailing duty offsetting the effect of the export subsidies.

(81)

In other words, the new subsidy levels will have to be taken into account for the purpose of adjusting the dumping margins, previously established.

(82)

The margins and duty rates applicable to the companies concerned should therefore be calculated as indicated in the table below.

 

Countervailing duty rate

(resulting from export subsidies)

Injury elimination level

Anti-dumping duty rate

Proposed anti-dumping duty

(EUR/tonne)

Reliance Industries Ltd

13,8 %

44,3 %

30,5 %

153,6

Pearl Engineering Polymers Ltd

13,8 %

33,6 %

16,2 %

87,5

Senpet Ltd

4,43 %

44,3 %

39,9 %

200,9

Futura Polyesters Ltd

0 %

44,3 %

14,7 %

161,2

South Asian Petrochem Ltd

13,9 %

44,3 %

11,6 %

88,9

All other companies

13,8 %

44,3 %

30,5 %

153,6

(83)

In order to ensure proper enforcement of the countervailing and anti-dumping duties, the residual duty level should not only apply to non-cooperating exporters but also apply to those companies which did not have any exports during the RIP. However, the latter companies are invited, if they fulfil the requirements of Article 20 of the basic Regulation, to present a request for a review pursuant to that Article in order to have their situation examined individually,

HAS ADOPTED THIS REGULATION:

Article 1

Paragraph 2 of Article 1 of Regulation (EC) No 193/2007 shall be replaced by the following:

‘2.   Except as provided for in Article 2, the rate of the countervailing duty applicable to the net, free-at-Community-frontier price, before duty for products manufactured by the companies listed below shall be as follows:

Country

Company

Countervailing duty

(EUR/tonne)

TARIC additional code

India

Reliance Industries Ltd

69,4

A181

India

Pearl Engineering Polymers Ltd

74,6

A182

India

Senpet Ltd

22,0

A183

India

Futura Polyesters Ltd

0,0

A184

India

South Asian Petrochem Ltd

106,5

A585

India

All other companies

69,4

A999’

Article 2

Paragraph 2 of Article 1 of Regulation (EC) No 192/2007 shall be replaced by the following:

‘2.   Except as provided for in Article 2, the rate of the anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty for products manufactured by the companies listed below shall be as follows:

Country

Company

Anti-dumping duty

(EUR/tonne)

TARIC additional code

India

Reliance Industries Ltd

153,6

A181

India

Pearl Engineering Polymers Ltd

87,5

A182

India

Senpet Ltd

200,9

A183

India

Futura Polyesters Ltd

161,2

A184

India

South Asian Petrochem Ltd

88,9

A585

India

All other companies

153,6

A999

Indonesia

P.T. Mitsubishi Chemical Indonesia

187,7

A191

Indonesia

P.T. Indorama Synthetics Tbk

92,1

A192

Indonesia

P.T. Polypet Karyapersada

178,9

A193

Indonesia

All other companies

187,7

A999

Malaysia

Hualon Corp. (M) Sdn. Bhd.

36,0

A186

Malaysia

MpI Polyester Industries Sdn. Bhd.

160,1

A185

Malaysia

All other companies

160,1

A999

Republic of Korea

SK Chemicals Group:

 

A196

SK Chemicals Co. Ltd

0

A196

Huvis Corp.

0

 

Republic of Korea

KP Chemical Group:

 

A195

Honam Petrochemicals Corp.

0

A195

KP Chemical Corp.

0

 

Republic of Korea

All other companies

148,3

A999

Taiwan

Far Eastern Textile Ltd

36,3

A808

Taiwan

Shinkong Synthetic Fibers Corp.

67,0

A809

Taiwan

All other companies

143,4

A999

Thailand

Thai Shingkong Industry Corp. Ltd

83,2

A190

Thailand

Indo Pet (Thailand) Ltd

83,2

A468

Thailand

All other companies

83,2

A999’

Article 3

This Regulation shall enter into force on the 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, 16 December 2008.

For the Council

The President

R. BACHELOT-NARQUIN


(1)  OJ L 288, 21.10.1997, p. 1.

(2)  OJ L 301, 30.11.2000, p. 1.

(3)  OJ L 59, 27.2.2007, p. 34.

(4)  OJ L 59, 27.2.2007, p. 1.

(5)  OJ C 227, 27.9.2007, p. 16.

(6)  European Commission, Directorate-General for Trade, Directorate H, N-105, B-1049 Brussels.

(7)  OJ L 56, 6.3.1996, p. 1.


19.12.2008   

EN

Official Journal of the European Union

L 340/13


COMMISSION REGULATION (EC) No 1287/2008

of 18 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 19 December 2008.

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

Done at Brussels, 18 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

CR

110,3

MA

82,5

TR

72,9

ZZ

88,6

0707 00 05

JO

167,2

MA

66,0

TR

124,5

ZZ

119,2

0709 90 70

MA

111,8

TR

82,6

ZZ

97,2

0805 10 20

AR

17,0

BR

44,6

CL

52,1

EG

51,1

MA

76,3

TR

68,4

UY

30,6

ZA

42,4

ZW

25,4

ZZ

45,3

0805 20 10

MA

76,3

TR

64,0

ZZ

70,2

0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90

CN

50,3

IL

74,7

TR

52,1

ZZ

59,0

0805 50 10

MA

64,0

TR

57,5

ZZ

60,8

0808 10 80

CA

82,7

CN

83,1

MK

37,6

US

101,1

ZA

118,0

ZZ

84,5

0808 20 50

CN

82,8

TR

42,4

US

117,7

ZZ

81,0


(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’.


19.12.2008   

EN

Official Journal of the European Union

L 340/15


COMMISSION REGULATION (EC) No 1288/2008

of 18 December 2008

amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 945/2008 for the 2008/2009 marketing year

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 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,

Whereas:

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2008/2009 marketing year are fixed by Commission Regulation (EC) No 945/2008 (3). These prices and duties have been last amended by Commission Regulation (EC) No 1212/2008 (4).

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 945/2008 for the 2008/2009, marketing year, are hereby amended as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 19 December 2008.

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

Done at Brussels, 18 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 178, 1.7.2006, p. 24.

(3)  OJ L 258, 26.9.2008, p. 56.

(4)  OJ L 328, 6.12.2008, p. 7.


ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 19 December 2008

(EUR)

CN code

Representative price per 100 kg net of the product concerned

Additional duty per 100 kg net of the product concerned

1701 11 10 (1)

21,68

5,46

1701 11 90 (1)

21,68

10,77

1701 12 10 (1)

21,68

5,27

1701 12 90 (1)

21,68

10,26

1701 91 00 (2)

23,03

14,29

1701 99 10 (2)

23,03

9,20

1701 99 90 (2)

23,03

9,20

1702 90 95 (3)

0,23

0,41


(1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

(2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

(3)  Per 1 % sucrose content.


19.12.2008   

EN

Official Journal of the European Union

L 340/17


COMMISSION REGULATION (EC) No 1289/2008

of 12 December 2008

amending Commission Regulation (EC) No 809/2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards elements related to prospectuses and advertisements

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC (1), and in particular Article 7(1) thereof,

Whereas:

(1)

Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (2) requires companies governed by the law of a Member State, whose securities are admitted to trading on a regulated market in any Member State, to prepare their consolidated accounts in accordance with International Accounting Standards, now commonly referred to as International Financial Reporting Standards, adopted pursuant to Regulation (EC) No 1606/2002 (hereinafter referred to as adopted IFRS), for each financial year starting on or after 1 January 2005.

(2)

Commission Regulation (EC) No 809/2004 of 29 April 2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards information contained in prospectuses as well as the format, incorporation by reference and publication of such prospectuses and dissemination of advertisements (3) requires third country issuers to prepare the historical financial information in prospectuses for offer of securities to the public or the admission of securities to trading on a regulated market in accordance with adopted IFRS or with the national accounting standards of a third country equivalent to these standards.

(3)

In order to assess the equivalence of the Generally Accepted Accounting Principles (GAAP) of a third country with adopted IFRS, Commission Regulation (EC) No 1569/2007 of 21 December 2007 establishing a mechanism for the determination of equivalence of accounting standards applied by third country issuers of securities pursuant to Directives 2003/71/EC and 2004/109/EC of the European Parliament and of the Council (4) provides for the definition of equivalence and establishes a mechanism for the determination of equivalence of GAAP of a third country. Regulation (EC) No 1569/2007 also requires that the Commission decision permit Community issuers to use IFRS adopted pursuant to Regulation (EC) No 1606/2002 in the third country concerned.

(4)

Financial statements drawn up in accordance with IFRS as issued by the International Accounting Standards Board (IASB) provide users of these statements with a sufficient level of information to enable them to make an informed assessment of the assets and liabilities, financial position, profit and losses and prospects of an issuer. Therefore, it is appropriate to allow third country issuers to use IFRS as issued by the IASB within the Community.

(5)

In December 2007 the Commission consulted the Committee of European Securities Regulators (CESR) with regard to the technical assessment of the equivalence of the Generally Accepted Accounting Principles (GAAP) of the United States, China and Japan. In March 2008 the Commission extended the consultation with regard to the GAAPs of South Korea, Canada and India.

(6)

In its advice delivered in March, May 2008 and in October 2008 respectively, CESR recommended finding US GAAP and Japanese GAAP equivalent to IFRS for use within the Community. Furthermore, CESR recommended the acceptance of financial statements using GAAPs of China, Canada, South Korea and India within the Community on a temporary basis, until no longer than 31 December 2011.

(7)

In 2006 the United States' Financial Accounting Standards Board and the IASB concluded a Memorandum of Understanding which reaffirmed their objective of convergence between US GAAP and IFRS and outlined the work programme for this purpose. As a result of this work programme many major differences between US GAAP and IFRS have been resolved. In addition, following the dialogue between the Commission and the US Securities and Exchange Commission, reconciliation for Community issuers which prepare their financial statements in accordance with IFRS as issued by the IASB is no longer required. Therefore, it is appropriate to consider US GAAP equivalent to adopted IFRS from 1 January 2009.

(8)

In August 2007 the Accounting Standards Board of Japan and the IASB announced their agreement to accelerate the convergence by eliminating major differences between Japanese GAAP and IFRS by 2008 and the remaining differences before the end of 2011. The Japanese authorities do not require any reconciliation for Community issuers which prepare their financial statements according to IFRS. Therefore, it is appropriate to consider Japanese GAAP equivalent to adopted IFRS from 1 January 2009.

(9)

According to Article 4 of Regulation (EC) No 1569/2007 third country issuers may be permitted to use other third country GAAPs which are converging or committed to adopt IFRS or which have reached a mutual recognition agreement with the Community before 31 December 2008 for a transitional period ending no later than 31 December 2011.

(10)

In China, the Accounting Standards for Business Enterprises are substantially converged with IFRS and cover nearly all topics under current IFRS. However, since the Accounting Standards for Business Enterprises are applied only from 2007, there is need for further evidence of their proper application.

(11)

The Accounting Standards Board of Canada made a public commitment in January 2006 to adopt IFRS by 31 December 2011 and is taking effective measures to secure timely and complete transition to IFRS by that date.

(12)

The Korean Financial Supervisory Commission and the Korean Accounting Institute made a public commitment in March 2007 to adopt IFRS by 31 December 2011 and are taking effective measures to secure timely and complete transition to IFRS by that date.

(13)

The Indian Government and the Indian Institute of Chartered Accountants made a public commitment in July 2007 to adopt IFRS by 31 December 2011 and are taking effective measures to secure the timely and complete transition to IFRS by that date.

(14)

Whilst no final decision on the equivalence of accounting standards converging to IFRS should be taken until an assessment of the implementation of those accounting standards by companies and auditors has been carried out, it is important to support the efforts of those countries which have undertaken to converge their accounting standards to IFRS and also of those countries which have undertaken to adopt IFRS. Accordingly, it is appropriate to allow third country issuers to prepare their annual and half-yearly financial statements in accordance with the GAAPs of China, Canada, South Korea or India in the Community for the transitional period of no more than three years. Consequently, Regulation (EC) No 809/2004 should be amended accordingly to reflect the changes concerning the use of GAAPs of the United States, Japan, China, Canada, South Korea and India to prepare the historical financial information by third country issuers and to delete some of its outdated provisions.

(15)

The Commission should continue to monitor, with the technical assistance of CESR, the development of those third country GAAPs in relation to adopted IFRS.

(16)

Countries should be encouraged to adopt IFRS. The EU may determine that the national standards which have been determined to be equivalent may no longer be used in preparing information required under the Directive 2004/109/EC or Regulation (EC) No 809/2004 implementing Directive 2003/71/EC when those respective countries have adopted IFRS as their sole accounting standard.

(17)

The measures provided for in this Regulation are in accordance with the opinion of the European Securities Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Article 35 of Regulation (EC) No 809/2004 is amended as follows:

1.

Paragraphs 5 and 5a are replaced by the following:

‘5.   From 1 January 2009, third country issuers shall present their historical financial information in accordance either with one of the following accounting standards:

(a)

International Financial Reporting Standards adopted pursuant to Regulation (EC) No 1606/2002;

(b)

International Financial Reporting Standards provided that the notes to the audited financial statements that form part of the historical financial information contain an explicit and unreserved statement that these financial statements comply with International Financial Reporting Standards in accordance with IAS 1 Presentation of Financial Statements;

(c)

Generally Accepted Accounting Principles of Japan;

(d)

Generally Accepted Accounting Principles of the United States of America.

5a.   Third country issuers are not subject to a requirement, under Annex I, item 20.1; Annex IV, item 13.1; Annex VII, item 8.2; Annex X, item 20.1 or Annex XI, item 11.1, to restate historical financial information, included in a prospectus and relevant for the financial years prior to financial years starting on or after 1 January 2012, or to a requirement under Annex VII, item 8.2.bis; Annex IX, item 11.1; or Annex X, item 20.1.bis, to provide a narrative description of the differences between International Financial Reporting Standards adopted pursuant to Regulation (EC) No 1606/2002 and the accounting principles in accordance with which such information is drawn up relating to the financial years prior to financial years starting on or after 1 January 2012, provided that the historical financial information is prepared in accordance with the Generally Accepted Accounting Principles of the People's Republic of China, Canada, the Republic of Korea or the Republic of India.’;

2.

Paragraphs 5b to 5e are deleted.

Article 2

The Commission shall continue to monitor, with the technical assistance of the CESR, the efforts made by third countries towards a changeover to IFRS and pursue an active dialogue with authorities during the convergence process. The Commission shall submit a report on progress made in this regard to the European Parliament and the European Securities Committee (ESC) during 2009. The Commission shall also report expeditiously to Council and the European Parliament if situations arise where EU issuers in the future are required to reconcile their financial statements to the national GAAP of the foreign jurisdiction concerned.

Article 3

The dates announced publicly by third countries in relation to a changeover to IFRS shall serve as reference dates for the abolition of equivalence recognition for those third countries

Article 4

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

It shall apply from 1 January 2009.

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

Done at Brussels, 12 December 2008.

For the Commission

Charlie McCREEVY

Member of the Commission


(1)  OJ L 345, 31.12.2003, p. 64.

(2)  OJ L 243, 11.9.2002, p. 1.

(3)  OJ L 149, 30.4.2004, p. 1.

(4)  OJ L 340, 22.12.2007, p. 66.


19.12.2008   

EN

Official Journal of the European Union

L 340/20


COMMISSION REGULATION (EC) No 1290/2008

of 18 December 2008

concerning the authorisation of a preparation of Lactobacillus rhamnosus (CNCM-I-3698) and Lactobacillus farciminis (CNCM-I-3699) (Sorbiflore) as a feed additive

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,

Whereas:

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

(2)

In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of the preparation set out in the Annex. That application was accompanied by the particulars and documents required under Article 7(3) of that Regulation.

(3)

The application concerns a new authorisation of a preparation of Lactobacillus rhamnosus (CNCM-I-3698) and Lactobacillus farciminis (CNCM-I-3699) (Sorbiflore), as a feed additive for piglets, to be classified in the additive category ‘zootechnical additives’.

(4)

From the Opinion of the European Food Safety Authority (the Authority) of 15 July 2008 (2) it results that, based on the data provided by the manufacturer, a preparation of Lactobacillus rhamnosus (CNCM-I-3698) and Lactobacillus farciminis (CNCM-I-3699) (Sorbiflore) does not have an adverse effect on animal health, human health or the environment and it is efficacious in improving the weight gain. The Authority further concluded that that preparation may be a potential respiratory sensitiser. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Community Reference Laboratory set up by Regulation (EC) No 1831/2003.

(5)

The assessment of that preparation shows that the conditions for authorisation, provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised, as specified in the Annex to this Regulation.

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘other zootechnical additives’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.

Article 2

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, 18 December 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission


(1)  OJ L 268, 18.10.2003, p. 29.

(2)  Scientific Opinion of the Panel on Additives and Products or Substances used in Animal Feed (Feedap) on a request from the European Commission on the safety and efficacy of the product Sorbiflore, a preparation of Lactobacillus rhamnosus and Lactobacillus farciminis, as feed additive for piglets. The EFSA Journal (2008) 771, pp. 1-13.


ANNEX

Identification number of the additive

Name of the holder of authorisation

Additive

(Trade name)

Composition, chemical formula, description, analytical method

Species or category of animal

Maximum age

Minimum content

Maximum content

Other provisions

End of period of authorisation

FU/kg of complete feedingstuff with a moisture content of 12 %

Category of zootechnical additives. Functional group: other zootechnical additives (improving weight gain)

‘4d2

Sorbial SAS

Lactobacillus rhamnosus CNCM-I-3698 and Lactobacillus farciminis CNCM-I-3699 (Sorbiflore)

Additive composition:

Preparation of Lactobacillus rhamnosus CNCM-I-3698 and Lactobacillus farciminis CNCM-I-3699 with a minimum concentration of 1 × 108 FU (1)/g

(ratio 1:1)

Characterisation of the active substance:

Microbial biomass and milk fermentation medium of Lactobacillus rhamnosus CNCM-I-3698 and Lactobacillus farciminis CNCM-I-3699

Analytical method (2):

Direct epifluorescent filtration technique (DEFT) using an appropriate dye to stain metabolically active cells as fluorescent units (FU)

Piglets

5 × 108

9 × 108

1.

In the directions for use of the additive and premixtures, indicate the storage temperature, storage life, and stability to pelleting.

2.

Recommended dose per kilogram of complete feedingstuff: 5 g.

3.

For safety: breathing protection, glasses and gloves shall be used during handling.

8.1.2019


(1)  FU: fluorescent units.

(2)  Details of the analytical methods are available at the following address of the Community Reference Laboratory: www.irmm.jrc.be/crl-feed-additives’


19.12.2008   

EN

Official Journal of the European Union

L 340/22


COMMISSION REGULATION (EC) No 1291/2008

of 18 December 2008

concerning the approval of control programmes for salmonella in certain third countries in accordance with Regulation (EC) No 2160/2003 of the European Parliament and of the Council and listing of avian influenza surveillance programmes in certain third countries and amending Annex I to Regulation (EC) No 798/2008

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (1), and in particular Article 21(1), Article 22(3), Article 23, Article 24(2) and Articles 26 and 27a thereof,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (2), and in particular Article 8(4) and Article 9(2)(b) thereof,

Having regard to Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of Salmonella and other specified food-borne zoonotic agents (3), and in particular Article 10(2) thereof,

Whereas:

(1)

Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (4) provides that the commodities covered by that Regulation are only to be imported into and transit through the Community from the third countries, territories, zones or compartments listed in the table in Part 1 of Annex I thereto. It also lays down the veterinary certification requirements for such commodities and models of the veterinary certificates to accompany them are set out in Part 2 of that Annex. Regulation (EC) No 798/2008 applies from 1 January 2009.

(2)

Article 10 of Regulation (EC) No 798/2008 provides that where an avian influenza surveillance programme is required in the certificate, commodities are only to be imported into the Community from those third countries, territories, zones or compartments which have had such a programme in place for a period for at least six months and the programme meets that requirement referred to in that Article and is indicated in column 7 of the table in Part 1 of Annex I to that Regulation.

(3)

Brazil, Canada, Chile, Croatia, South Africa, Switzerland and the United States of America have submitted their avian influenza surveillance programmes to the Commission for evaluation. The Commission has examined those programmes and they meet the requirements referred to in Article 10 of Regulation (EC) No 798/2008. Accordingly, those programmes should be indicated in column 7 of the table in Part 1 of Annex I to that Regulation.

(4)

Regulation (EC) No 2160/2003 lays down rules for the control of Salmonella and other zoonotic agents in different poultry populations in the Community. It provides for Community targets for the reduction of the prevalence of all Salmonella serotypes with public health significance in different poultry populations. As from the dates mentioned in Annex I, column 5 of that Regulation, admission to or retention on the list of third countries provided for in Community legislation, for the relevant species or category, from which Member States are authorised to import those animals or hatching eggs covered by this Regulation shall be subject to submission to the Commission by the third country concerned of a control programme. Such programme should be equivalent to those submitted by the Member States and subject to approval by the Commission.

(5)

Croatia has submitted to the Commission its control programmes for Salmonella in breeding poultry of Gallus gallus, hatching eggs thereof, laying hens of Gallus gallus, table eggs thereof and day-old chicks of Gallus gallus intended for breeding or laying. Those programmes provide guarantees equivalent to the guarantees provided for in Regulation (EC) No 2160/2003. They should therefore be approved.

(6)

Commission Decision 2007/843/EC (5) approved control programmes submitted by the United States of America, Israel, Canada and Tunisia as regards Salmonella in flocks of breeding hens. The United States of America has now submitted to the Commission its additional control programme for Salmonella in respect of day-old chicks of Gallus gallus, intended for laying or fattening. That programme provides guarantees equivalent to the guarantees provided for in Regulation (EC) No 2160/2003. It should therefore be approved. Israel clarified that its Salmonella control programme only applies to the broiler meat production chain.

(7)

Within the framework of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (6), Switzerland has sent to the Commission its control programmes for Salmonella in breeding poultry of Gallus gallus, hatching eggs thereof, laying hens of Gallus gallus, table eggs thereof, day-old chicks of Gallus gallus intended for breeding or laying and broilers. Those programmes provide similar guarantees to the guarantees provided for in Regulation (EC) No 2160/2003. For clarity reasons, this should be reflected accordingly in column 9 of the table in Part 1 of Annex I to Regulation (EC) No 798/2008.

(8)

Certain other third countries currently listed in Part 1 of Annex I to Regulation (EC) No 798/2008 have not yet submitted any control programme for Salmonella to the Commission, or the programmes already submitted do not provide guarantees equivalent to those provided for in Regulation (EC) No 2160/2003. Since the requirements concerning breeding and productive poultry of Gallus gallus, eggs thereof and, day-old chicks of Gallus gallus, provided for in Regulation (EC) No 2160/2003, are to apply from 1 January 2009 within the Community, imports of such poultry and eggs should therefore no longer be authorised from those third countries after that date. The list of third countries, territories, zones or compartments set out in Part 1 of Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.

(9)

In order to provide guarantees equivalent to those provided for in Regulation (EC) No 2160/2003, third countries, from which Member States are authorised to import slaughter poultry of Gallus gallus, should certify that the control programme for Salmonella has been applied to the flock of origin and that that flock has been tested for the presence of Salmonella serotypes of public health significance.

(10)

Commission Regulation (EC) No 1177/2006 of 1 August 2006 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards requirements for the use of specific control methods in the framework of the national control programmes for the control of salmonella in poultry (7) lays down certain rules for the use of antimicrobials and vaccines in the framework of the national control programmes.

(11)

Third countries from which Member States are authorised to import slaughter poultry of Gallus gallus should certify that the specific requirements for the use of antimicrobials and vaccines provided for in Regulation (EC) No 1177/2006 are applied. If antimicrobials have been used for other purposes than the control of Salmonella, since such use may influence the testing for Salmonella at import, it should also be indicated in the veterinary certificate. The model veterinary certificate for the import of slaughter poultry and poultry for restocking game supplies other than ratites as set out in Part 2 of Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.

(12)

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

HAS ADOPTED THIS REGULATION:

Article 1

The control programmes submitted by Croatia to the Commission on 11 March 2008 in accordance with Article 10(1) of Regulation (EC) No 2160/2003 are approved as regards Salmonella in breeding poultry of Gallus gallus, hatching eggs thereof, laying hens of Gallus gallus, table eggs thereof and day-old chicks of Gallus gallus intended for breeding or laying.

Article 2

The control programme submitted by the United States of America to the Commission on 6 June 2006 in accordance with Article 10(1) of Regulation (EC) No 2160/2003 is approved as regards Salmonella in day-old chicks of Gallus gallus intended for laying or fattening.

Article 3

The control programmes sent by Switzerland to the Commission on 6 October 2008 provide similar guarantees to those provided for in Article 10(1) of Regulation (EC) No 2160/2003 as regards Salmonella in breeding poultry of Gallus gallus, hatching eggs thereof, laying hens of Gallus gallus, table eggs thereof, day-old chicks of Gallus gallus intended for breeding or laying and broilers.

Article 4

Annex I to Regulation (EC) No 798/2008 is amended in accordance with the Annex to this Regulation.

Article 5

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

It shall apply from 1 January 2009.

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

Done at Brussels, 18 December 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission


(1)  OJ L 303, 31.10.1990, p. 6.

(2)  OJ L 18, 23.1.2003, p. 11.

(3)  OJ L 325, 12.12.2003, p. 1.

(4)  OJ L 226, 23.8.2008, p. 1.

(5)  OJ L 332, 18.12.2007, p. 81.

(6)  OJ L 114, 30.4.2002, p. 132.

(7)  OJ L 212, 2.8.2006, p. 3.


ANNEX

Annex I to Regulation (EC) No 798/2008 is amended as follows:

(1)

Part 1 is replaced by the following:

‘PART 1

List of third countries, territories, zones or compartments

ISO code and name of third country or territory

Code of third country, territory, zone or compartment

Description of third country, territory, zone or compartment

Veterinary certificate

Specific conditions

Specific conditions

Avian influenza surveillance status

Avian influenza vaccination status

Salmonella control status

Model(s)

Additional guarantees

Closing date (1)

Opening date (2)

1

2

3

4

5

6

6A

6B

7

8

9

AL — Albania

AL-0

Whole country

EP, E

 

 

 

 

 

 

S4

AR — Argentina

AR-0

Whole country

SPF

 

 

 

 

 

 

 

POU, RAT, EP, E

 

 

 

 

A

 

S4

WGM

VIII

 

 

 

 

 

 

AU — Australia

AU-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E

 

 

 

 

 

 

S4

BPP, DOC, HEP, SRP

 

 

 

 

 

 

S0

BPR

I

 

 

 

 

 

 

DOR

II

 

 

 

 

 

 

HER

III

 

 

 

 

 

 

POU

VI

 

 

 

 

 

 

RAT

VII

 

 

 

 

 

 

BR — Brazil

BR-0

Whole country

SPF

 

 

 

 

 

 

 

BR-1

States of:

Rio Grande do Sul, Santa Catarina, Paraná, São Paulo and Mato Grosso do Sul

RAT, BPR, DOR, HER, SRA

 

 

 

 

A

 

 

BR-2

States of:

Mato Grosso, Paraná, Rio Grande do Sul, Santa Catarina and São Paulo

BPP, DOC, HEP, SRP

 

 

 

 

 

S0

BR-3

Distrito Federal and States of:

Goiás, Minas Gerais, Mato Grosso, Mato Grosso do Sul, Paraná, Rio Grande do Sul, Santa Catarina and São Paulo

WGM

VIII

 

 

 

 

 

 

EP, E, POU

 

 

 

 

 

 

S4

BW — Botswana

BW-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E

 

 

 

 

 

 

S4

BPR

I

 

 

 

 

 

 

DOR

II

 

 

 

 

 

 

HER

III

 

 

 

 

 

 

RAT

VII

 

 

 

 

 

 

CA — Canada

CA-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E

 

 

 

 

 

 

S4

BPR, BPP, DOC, DOR, HEP, HER, SRA, SRP

 

 

 

 

A

 

S1

WGM

VIII

 

 

 

 

 

 

POU, RAT

 

 

 

 

 

 

 

CH — Switzerland

CH-0

Whole country

 (3)

 

 

 

 

A

 

 (3)

CL — Chile

CL-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E

 

 

 

 

 

 

S4

BPR, BPP, DOC, DOR, HEP, HER, SRA, SRP

 

 

 

 

A

 

S0

WGM

VIII

 

 

 

 

 

 

POU, RAT

 

 

 

 

 

 

 

CN — China

CN-0

Whole country

EP

 

 

 

 

 

 

 

CN-1

Province of Shandong

POU, E

VI

P2

6.2.2004

 

 

S4

GL — Greenland

GL-0

Whole country

SPF

 

 

 

 

 

 

 

EP, WGM

 

 

 

 

 

 

 

HK — Hong Kong

HK-0

The whole territory of the Hong Kong Special Administrative Region

EP

 

 

 

 

 

 

 

HR — Croatia

HR-0

Whole country

SPF

 

 

 

 

 

 

 

BPR, BPP, DOR, DOC, HEP, HER, SRA, SRP

 

 

 

 

A

 

S2

EP, E, POU, RAT, WGM

 

 

 

 

 

 

 

IL — Israel

IL-0

Whole country

SPF

 

 

 

 

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRP

 

 

 

 

A

 

S1

WGM

VIII

 

 

 

 

 

 

EP, E, POU, RAT

 

 

 

 

 

 

S4

IN — India

IN-0

Whole country

EP

 

 

 

 

 

 

 

IS — Iceland

IS-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E

 

 

 

 

 

 

S4

KR — Republic of Korea

KR-0

Whole country

EP, E

 

 

 

 

 

 

S4

ME — Montenegro

ME-O

Whole country

EP

 

 

 

 

 

 

 

MG — Madagascar

MG-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E, WGM

 

 

 

 

 

 

S4

MY – Malaysia

MY-0

 

 

 

 

 

 

 

MY-1

Western Peninsular

EP

 

 

 

 

 

 

 

E

 

P2

6.2.2004

 

 

 

S4

MK — former Yugoslav Republic of Macedonia (4)

MK-0 (4)

Whole country

EP

 

 

 

 

 

 

 

MX — Mexico

MX-0

Whole country

SPF

 

 

 

 

 

 

 

EP

 

 

 

 

 

 

 

NA — Namibia

NA-0

Whole country

SPF

 

 

 

 

 

 

 

BPR

I

 

 

 

 

 

 

DOR

II

 

 

 

 

 

 

HER

III

 

 

 

 

 

 

RAT, EP, E

VII

 

 

 

 

 

S4

NC — New Caledonia

NC-0

Whole country

EP

 

 

 

 

 

 

 

NZ — New Zealand

NZ-0

Whole country

SPF

 

 

 

 

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRA, SRP

 

 

 

 

 

 

S0

WGM

VIII

 

 

 

 

 

 

EP, E, POU, RAT

 

 

 

 

 

 

S4

PM — Saint Pierre and Miquelon

PM-0

Whole territory

SPF

 

 

 

 

 

 

 

RS – Serbia (5)

RS-0 (5)

Whole country

EP

 

 

 

 

 

 

 

RU — Russian Federation

RU-0

Whole country

EP

 

 

 

 

 

 

 

SG — Singapore

SG-0

Whole country

EP

 

 

 

 

 

 

 

TH — Thailand

TH-0

Whole country

SPF, EP

 

 

 

 

 

 

 

WGM

VIII

P2

23.1.2004

 

 

 

 

E, POU, RAT

 

P2

23.1.2004

 

 

 

S4

TN — Tunisia

TN-0

Whole country

SPF

 

 

 

 

 

 

 

DOR, BPR, BPP, HER

 

 

 

 

 

 

S1

WGM

VIII

 

 

 

 

 

 

EP, E, POU, RAT

 

 

 

 

 

 

S4

TR — Turkey

TR-0

Whole country

SPF

 

 

 

 

 

 

 

E, EP

 

 

 

 

 

 

S4

US — United States

US-0

Whole country

SPF

 

 

 

 

 

 

 

BPR, BPP, DOC, DOR, HEP, HER, SRA, SRP

 

 

 

 

A

 

S3

WGM

VIII

 

 

 

 

 

 

EP, E, POU, RAT

 

 

 

 

 

 

S4

UY — Uruguay

UY-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E, RAT

 

 

 

 

 

 

S4

ZA — South Africa

ZA-0

Whole country

SPF

 

 

 

 

 

 

 

EP, E

 

 

 

 

 

 

S4

BPR

I

 

 

 

A

 

 

DOR

II

 

 

 

 

 

HER

III

 

 

 

 

 

RAT

VII

 

 

 

 

 

ZW — Zimbabwe

ZW-0

Whole country

RAT

VII

 

 

 

 

 

 

EP, E

 

 

 

 

 

 

S4

(2)

Part 2 is amended as follows:

(a)

in the Section on ‘Additional guarantees (AG)’, point IV is deleted;

(b)

the Section on ‘Salmonella control programme’ is replaced by the following:

‘Salmonella control programme:

“S0”

Prohibition to export into the Community breeding or productive poultry (BPP) of Gallus gallus, day-old chicks (DOC) of Gallus gallus, slaughter poultry and poultry for restocking (SRP) of Gallus gallus and hatching eggs (HEP) of Gallus gallus because a relevant Salmonella control programme in accordance with Regulation (EC) No 2160/2003 has not been submitted to the Commission or approved by it.

“S1”

Prohibition to export into the Community breeding or productive poultry (BPP) of Gallus gallus, day-old chicks (DOC) of Gallus gallus and slaughter poultry and poultry for restocking (SRP) of Gallus gallus for other purposes than breeding, because a relevant Salmonella control programme in accordance with Regulation (EC) No 2160/2003 has not been submitted to the Commission or approved by it.

“S2”

Prohibition to export into the Community breeding or productive poultry (BPP) of Gallus gallus, day-old chicks (DOC) of Gallus gallus and slaughter poultry and poultry for restocking (SRP) of Gallus gallus for other purposes than breeding or laying, because a relevant Salmonella control programme in accordance with Regulation (EC) No 2160/2003 has not been submitted to the Commission or approved by it.

“S3”

Prohibition to export into the Community breeding or productive poultry (BPP) of Gallus gallus and slaughter poultry and poultry for restocking (SRP) of Gallus gallus for other purposes than breeding, because a relevant Salmonella control programme in accordance with Regulation (EC) No 2160/2003 has not been submitted to the Commission or approved by it.

“S4”

Prohibition to export into the Community eggs (E) of Gallus gallus others than eggs classed B in accordance with Regulation (EC) No 557/2007 because a relevant Salmonella control programme in accordance with Regulation (EC) No 2160/2003 has not been submitted to the Commission or approved by it.’

(c)

the model veterinary certificate for slaughter poultry and poultry for restocking game supplies other than ratites (SRP) is replaced by the following:

‘Model veterinary certificate for slaughter poultry and poultry for restocking game supplies other than ratites (SRP)

Image

Image

Image

Image

Image


(1)  Commodities, including those transported on the high seas, produced before this date may be imported into the Community during a period of 90 days from this date.

(2)  Only commodities produced after this date may be imported into the Community.

(3)  In accordance with the agreement between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132).

(4)  The former Yugoslav Republic of Macedonia; provisional code that does not prejudge in any way the definitive nomenclature for this country, which will be agreed following the conclusion of negotiations currently taking place on this subject in the United Nations.

(5)  Not including Kosovo, as defined by United Nations Security Council Resolution 1244 of 10 June 1999.’


19.12.2008   

EN

Official Journal of the European Union

L 340/36


COMMISSION REGULATION (EC) No 1292/2008

of 18 December 2008

concerning the authorisation of Bacillus amyloliquefaciens CECT 5940 (Ecobiol and Ecobiol plus) as a feed additive

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,

Whereas:

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

(2)

In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of the preparation set out in the Annex. That application was accompanied by the particulars and documents required under Article 7(3) of that Regulation.

(3)

The application concerns the authorisation of a preparation of Bacillus amyloliquefaciens CECT 5940 (Ecobiol and Ecobiol plus), as a feed additive for chickens for fattening, to be classified in the additive category ‘zootechnical additives’.

(4)

From the Opinion of the European Food Safety Authority (the Authority) of 16 July 2008 (2) it results that, on the basis of the data provided by the manufacturer, Bacillus amyloliquefaciens CECT 5940 (Ecobiol and Ecobiol plus) does not have an adverse effect on animal health, human health or the environment and that it is efficacious in stabilising the gut flora. The Authority further concluded that Bacillus amyloliquefaciens CECT 5940 (Ecobiol and Ecobiol plus) does not present any other risk which would, in accordance with Article 5(2) of Regulation (EC) No 1831/2003, exclude authorisation. According to that opinion, the use of the preparation does not have an adverse effect on chicken for fattening. The Authority does not consider that there is a need for specific requirements of post market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Community Reference Laboratory set up by Regulation (EC) No 1831/2003.

(5)

The assessment of that preparation shows that the conditions for authorisation, provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised, as specified in the Annex to this Regulation.

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘gut flora stabilisers’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.

Article 2

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, 18 December 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission


(1)  OJ L 268, 18.10.2003, p. 29.

(2)  Scientific Opinion of the Panel on Additives and Products or Substances used in Animal Feed (FEEDAP) on a request from the European Commission on the safety and efficacy of Ecobiol® (Bacillus amyloliquefaciens) as feed additives for chickens for fattening. The EFSA Journal (2008) 773, pp. 1-13.


ANNEX

Identification number of the additive

Name of the holder of authorisation

Additive

(Trade name)

Composition, chemical formula, description, analytical method

Species or category of animal

Maximum age

Minimum content

Maximum content

Other provisions

End of period of authorisation

CFU/kg of complete feedingstuff with a moisture content of 12 %

Category of zootechnical additives. Functional group: gut flora stabilisers

‘4b1822

NOREL SA

Bacillus amyloliquefaciens CECT 5940 (Ecobiol and Ecobiol plus)

Additive composition:

Ecobiol:

Preparation of Bacillus amyloliquefaciens CECT 5940 containing a minimum concentration of 1 × 109 CFU/g

Ecobiol plus:

Preparation of Bacillus amyloliquefaciens CECT 5940 containing a minimum concentration of 1 × 1010 CFU/g

Characterisation of the active substance:

Spores of Bacillus amyloliquefaciens CECT 5940

Analytical method (1):

Enumeration: spread plate method using tryptone soya agar following a heat treatment.

Identification: pulsed-field gel electrophoresis (PFGE).

Chickens for fattening

1 × 109

1 × 109

1.

In the directions for use of the additive and premixtures, indicate the storage temperature, storage life, and stability to pelleting.

2.

For safety: it is recommended to use safety masks during mixing.

3.

The simultaneous use with coccidiostats is not permitted.

8.1.2019


(1)  Details of the analytical methods are available at the following address of the Community Reference Laboratory: www.irmm.jrc.be/crl-feed-additives’


19.12.2008   

EN

Official Journal of the European Union

L 340/38


COMMISSION REGULATION (EC) No 1293/2008

of 18 December 2008

concerning the authorisation of a new use of Saccharomyces cerevisiae CNCM I-1077 (Levucell SC20 and Levucell SC10 ME) as a feed additive

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,

Whereas:

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

(2)

In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of the preparation set out in the Annex. That application was accompanied by the particulars and documents required under Article 7(3) of that Regulation.

(3)

The application concerns the authorisation of a new use of the preparation of Saccharomyces cerevisiae CNCM I-1077 (Levucell SC20, Levucell SC10 ME), as a feed additive for lambs, to be classified in the additive category ‘zootechnical additives’.

(4)

The use of Saccharomyces cerevisiae CNCM I-1077 was authorised without a time limit for dairy cows and cattle for fattening by Commission Regulation (EC) No 1200/2005 (2) and, until 22 March 2017, for dairy goats and dairy sheep by Commission Regulation (EC) No 226/2007 (3).

(5)

New data were submitted in support of an application for authorisation for lambs. The European Food Safety Authority (the Authority) concluded in its opinion of 16 July 2008 (4) that Saccharomyces cerevisiae CNCM I-1077 (Levucell SC20/Levucell SC10 ME) does not have an adverse effect on animal health, human health or the environment. It further concluded that Saccharomyces cerevisiae CNCM I-1077 (Levucell SC20/Levucell SC10 ME) does not present any other risk which would, in accordance with Article 5(2) of Regulation (EC) No 1831/2003, exclude authorisation. According to that opinion, the use of that preparation is safe for lambs. That opinion also states that that preparation can produce a beneficial effect on final weight and average daily gain. The Authority does not consider that there is a need for specific requirements of post market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Community Reference Laboratory set up by Regulation (EC) No 1831/2003.

(6)

The assessment of that preparation shows that the conditions for authorisation, provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised, as specified in the Annex to this Regulation.

(7)

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

HAS ADOPTED THIS REGULATION:

Article 1

The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘gut flora stabilisers’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.

Article 2

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, 18 December 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission


(1)  OJ L 268, 18.10.2003, p. 29.

(2)  OJ L 195, 27.7.2005, p. 6.

(3)  OJ L 64, 2.3.2007, p. 26.

(4)  Scientific Opinion of the Panel on Additives and Products or Substances used in Animal Feed (FEEDAP) on a request from the European Commission on the safety and efficacy of Levucell SC20/Levucell SC10ME, a preparation of Saccharomyces cerevisiae, as feed additive for lambs for fattening. The EFSA Journal (2008) 772, 1-11.


ANNEX

Identification number of the additive

Name of the holder of authorisation

Additive

(trade name)

Composition, chemical formula, description, analytical method

Species or category of animal

Maximum age

Minimum content

Maximum content

Other provisions

End of period of authorisation

CFU/kg of complete feedingstuff with a moisture content of 12 %

Category of zootechnical additives. Functional group: gut flora stabilisers

‘4b1711

LALLEMAND SAS

Saccharomyces cerevisiae CNCM I-1077 (Levucell SC20, Levucell SC10 ME)

 

Additive composition:

 

Solid form:

Preparation of Saccharomyces cerevisiae CNCM I-1077 of viable dried cells with a guaranteed minimal concentration of 2 × 1010 CFU/g.

 

Coated form:

Preparation of Saccharomyces cerevisiae CNCM I-1077 of viable dried cells with a guaranteed minimal concentration of 1 × 1010 CFU/g

 

Characterisation of the active substance:

Saccharomyces cerevisiae CNCM I-1077: 80 % of viable dried cells and 14 % of not viable cells.

 

Analytical method (1):

Pour plate method and molecular identification (PCR).

Lambs

3,0 × 109

7,3 × 109

1.

In the directions for use of the additive and premixtures, indicate the storage temperature, storage life, and stability to pelleting.

2.

In complementary feedingstuffs, do not exceed 50 °C with Levucell SC20 and 80 °C with Levucell SC10ME.

3.

Coated form, only for inclusion through a pelleted feed.

4.

Recommended dose: 7,3 × 109 CFU/kg of complete feedingstuff.

5.

If the product is handled or mixed in confined atmosphere, it is recommended to use safety glasses and masks for mixing if the mixers are not equipped with exhaust systems.

8.1.2019


(1)  Details of the analytical methods are available at the following address of the Community Reference Laboratory: www.irmm.jrc.be/crl-feed-additives’


19.12.2008   

EN

Official Journal of the European Union

L 340/41


COMMISSION REGULATION (EC) No 1294/2008

of 18 December 2008

amending Regulation (EC) No 318/2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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 and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), and in particular the second subparagraph of Article 10(3) and the first subparagraph of Article 10(4) thereof,

Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade 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 (2), and in particular the fourth indent of Article 18(1),

Whereas:

(1)

Commission Regulation (EC) No 318/2007 (3) lays down the animal health conditions for imports of certain birds other than poultry into the Community and the quarantine conditions applicable to such birds after import.

(2)

Annex V to that Regulation sets out a list of quarantine facilities and centres approved by the competent authorities of the Member States for import of certain birds other than poultry.

(3)

France, Germany and the United Kingdom have reviewed their approved quarantine facilities and centres and have sent an updated list of those quarantine facilities and centres to the Commission. The list of approved quarantine facilities and centres set out in Annex V to Regulation (EC) No 318/2007 should therefore be amended accordingly.

(4)

Regulation (EC) No 318/2007 should therefore be amended accordingly.

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex V to Regulation (EC) No 318/2007 is replaced by the text in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 18 December 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission


(1)  OJ L 268, 24.9.1991, p. 56.

(2)  OJ L 268, 14.9.1992, p. 54.

(3)  OJ L 84, 24.3.2007, p. 7.


ANNEX

‘ANNEX V

List of approved facilities and centres as referred to in Article 6(1)

ISO Code country

Name country

Approval number quarantine facility or centre

AT

AUSTRIA

AT OP Q1

AT

AUSTRIA

AT-KO-Q1

AT

AUSTRIA

AT-3-KO-Q2

AT

AUSTRIA

AT-3-ME-Q1

AT

AUSTRIA

AT-3-HO-Q-1

AT

AUSTRIA

AT3-KR-Q1

AT

AUSTRIA

AT-4-KI-Q1

AT

AUSTRIA

AT-4-VB-Q1

AT

AUSTRIA

AT 6 10 Q 1

AT

AUSTRIA

AT 6 04 Q 1

BE

BELGIUM

BE VQ 1003

BE

BELGIUM

BE VQ 1010

BE

BELGIUM

BE VQ 1011

BE

BELGIUM

BE VQ 1012

BE

BELGIUM

BE VQ 1013

BE

BELGIUM

BE VQ 1016

BE

BELGIUM

BE VQ 1017

BE

BELGIUM

BE VQ 3001

BE

BELGIUM

BE VQ 3008

BE

BELGIUM

BE VQ 3014

BE

BELGIUM

BE VQ 3015

BE

BELGIUM

BE VQ 4009

BE

BELGIUM

BE VQ 4017

BE

BELGIUM

BE VQ 7015

CZ

CZECH REPUBLIC

21750016

CZ

CZECH REPUBLIC

21750027

CZ

CZECH REPUBLIC

21750050

CZ

CZECH REPUBLIC

61750009

DE

GERMANY

BB-1

DE

GERMANY

BW-1

DE

GERMANY

BY-1

DE

GERMANY

BY-2

DE

GERMANY

BY-3

DE

GERMANY

BY-4

DE

GERMANY

HE-2

DE

GERMANY

NI-1

DE

GERMANY

NI-2

DE

GERMANY

NI-3

DE

GERMANY

NW-1

DE

GERMANY

NW-2

DE

GERMANY

NW-3

DE

GERMANY

NW-4

DE

GERMANY

NW-5

DE

GERMANY

NW-6

DE

GERMANY

NW-7

DE

GERMANY

NW-8

DE

GERMANY

NW-9

DE

GERMANY

RP-1

DE

GERMANY

SN-1

DE

GERMANY

SN-2

DE

GERMANY

TH-1

DE

GERMANY

TH-2

ES

SPAIN

ES/01/02/05

ES

SPAIN

ES/05/02/12

ES

SPAIN

ES/05/03/13

ES

SPAIN

ES/09/02/10

ES

SPAIN

ES/17/02/07

ES

SPAIN

ES/04/03/11

ES

SPAIN

ES/04/03/14

ES

SPAIN

ES/09/03/15

ES

SPAIN

ES/09/06/18

ES

SPAIN

ES/10/07/20

FR

FRANCE

38.193.01

FR

FRANCE

32.162.004

GR

GREECE

GR.1

GR

GREECE

GR.2

IE

IRELAND

IRL-HBQ-1-2003 Unit A

IT

ITALY

003AL707

IT

ITALY

305/B/743

IT

ITALY

132BG603

IT

ITALY

170BG601

IT

ITALY

068CR003

IT

ITALY

006FR601

IT

ITALY

054LCO22

IT

ITALY

I – 19/ME/01

IT

ITALY

119RM013

IT

ITALY

006TS139

IT

ITALY

133VA023

IT

ITALY

015RM168

MT

MALTA

BQ 001

NL

NETHERLANDS

NL-13000

NL

NETHERLANDS

NL-13001

NL

NETHERLANDS

NL-13002

NL

NETHERLANDS

NL-13003

NL

NETHERLANDS

NL-13004

NL

NETHERLANDS

NL-13005

NL

NETHERLANDS

NL-13006

NL

NETHERLANDS

NL-13007

NL

NETHERLANDS

NL-13008

NL

NETHERLANDS

NL-13009

NL

NETHERLANDS

NL-13010

PL

POLAND

14084501

PT

PORTUGAL

05 01 CQA

PT

PORTUGAL

01 02 CQA

PT

PORTUGAL

03 01 CQAR

PT

PORTUGAL

05 07 CQAA

UK

UNITED KINGDOM

21/07/01

UK

UNITED KINGDOM

21/07/02

UK

UNITED KINGDOM

01/08/01

UK

UNITED KINGDOM

21/08/01

UK

UNITED KINGDOM

24/08/01’


19.12.2008   

EN

Official Journal of the European Union

L 340/45


COMMISSION REGULATION (EC) No 1295/2008

of 18 December 2008

on the importation of hops from third countries

(Codified version)

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), and in particular Article 192(2) and Article 195(2), in conjunction with Article 4, thereof,

Whereas:

(1)

Commission Regulation (EEC) No 3076/78 of 21 December 1978 on the importation of hops from non-Member countries (2) and Commission Regulation (EEC) No 3077/78 of 21 December 1978 on the equivalence with Community certificates of attestations accompanying hops imported from non-Member countries (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Regulations should be codified.

(2)

Article 158(1) of Regulation (EC) No 1234/2007 provides that hops and hop products from third countries may be imported only if their quality standards are at least equivalent to those adopted for like products harvested within the Community or their derivatives. Article 158(2) provides, however, that these products should be considered as being of those standards if they are accompanied by an attestation issued by the authorities of the country of origin and recognised as equivalent to the certificate required for the marketing of hops and hop products of Community origin.

(3)

Commission Regulation (EC) No 1850/2006 of 14 December 2006 laying down detailed rules for the certification of hops and hop products (5) lays down very strict marketing requirements for hop products, and mixtures in particular. There is at the moment no effective method of checking at frontiers that these requirements are met. The only possible substitute for such a check is an undertaking on the part of the exporting countries to comply with the Community's marketing requirements for these products. It is therefore necessary to require that such products be accompanied by an attestation as specified in Article 158(2) of Regulation (EC) No 1234/2007.

(4)

In order to ensure that Community rules on the certification of hops are respected, Member States should carry out checks to verify whether imported hops conform to the minimum marketing requirements laid down by Regulation (EC) No 1850/2006.

(5)

Certain third countries have undertaken to comply with the requirements prescribed for the marketing of hops and hop products and have authorised certain agencies to issue attestations of equivalence. These attestations should therefore be recognised as equivalent to Community certificates and the products covered by them admitted to free circulation.

(6)

It is the responsibility of the organisations concerned in those third countries to keep up to date the information contained in Annex I and to maintain close cooperation with the Commission by communicating to it the information concerned.

(7)

In order to facilitate control by the competent authorities of the Member States, it is essential to prescribe the form and, where necessary, the content of the attestation and the rules for its utilisation.

(8)

In order to take account of trade practices, the competent authorities must be empowered, if a consignment is resold or split up, to have prepared under their supervision an extract from the attestation in respect of each new consignment resulting from the splitting up.

(9)

By analogy with the Community's certification system, certain products should be exempt by virtue of their utilisation from the presentation of the attestations provided for in this Regulation.

(10)

The measures laid down 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.   Entry into free circulation in the Community of the products from third countries referred to in point (f) of Article 1 of Regulation (EC) No 1234/2007 shall be conditional upon proof being furnished that the requirements specified in Article 158(1) of that Regulation have been met.

2.   The proof referred to in Article 1(1) of this Regulation shall be furnished by production of the attestation provided for in Article 158(2) of Regulation (EC) No 1234/2007, hereinafter referred to as an ‘attestation of equivalence’.

Article 2

For the purposes of this Regulation, ‘consignment’ means a quantity of a product having the same characteristics and sent by the same consignor at the same time to the same consignee.

Article 3

Attestations accompanying hops and hop products imported from third countries issued by an agency authorised by the third country of origin and appearing in Annex I shall be recognised as attestations of equivalence.

Annex I shall be revised on the basis of information communicated by the third countries concerned.

Article 4

1.   The attestation of equivalence shall be made out for each consignment and shall consist of an original and two copies to be drawn up on a form corresponding to the model set out in Annex II and in accordance with the rules set out in Annex IV.

2.   An attestation of equivalence shall be valid only if it is duly completed and authenticated by one of the agencies referred to in Annex I.

3.   A duly authenticated attestation of equivalence is one which shows the place and date of issue and which has been signed and bears the stamp of the issuing agency.

Article 5

1.   Each unit of packaging covered by an attestation of equivalence shall bear the following particulars in one of the official languages of the Community:

(a)

the description of the product;

(b)

the variety or varieties;

(c)

the country of origin;

(d)

the marks and numbers indicated in section 9 of the attestation of equivalence or the extract.

2.   The particulars provided for in paragraph 1 shall appear in legible, indelible characters of uniform size on the outside of the package.

Article 6

1.   Where, before its entry into free circulation, a consignment covered by an attestation of equivalence is split up and redispatched an attestation extract shall be drawn up in respect of each new consignment resulting from such splitting.

The attestation shall be replaced by the necessary number of attestation extracts.

Each extract shall be drawn up by the party concerned in one original and two copies on a form corresponding to the model given in Annex III and in accordance with the rules set out in Annex IV.

2.   The customs authorities shall endorse accordingly the original and the two copies of the attestation of equivalence, and shall countersign the original and the two copies of each extract.

They shall retain the original of the attestation of equivalence, send the two copies to the competent authority as referred to in Article 21 of Regulation (EC) No 1850/2006 and return the original and the two copies of each extract to the person concerned.

Article 7

On completion of customs formalities required for release for free circulation in the Community of the product to which the attestation of equivalence or the extract relates, the original and the two copies shall be submitted to the customs authorities who shall countersign them, retaining the original. One copy shall be forwarded by the customs authorities to the competent authority, as referred to in Article 21 of Regulation (EC) No 1850/2006, of the Member State where the product enters into free circulation. The second copy shall be returned to the importer, who must keep it for at least three years.

Article 8

If the consignment is resold or split up after it has been released for free circulation, the product must be accompanied by an invoice or other commercial document drawn up by the vendor, giving the reference number of the attestation of equivalence or of the extract, together with the name of the authority which issued them.

The following information from the attestation of equivalence or, as the case may be, the extract shall also be included on the invoice or commercial document:

(a)

for hop cones:

(i)

the description of the product;

(ii)

the gross weight;

(iii)

the place of production;

(iv)

the year of harvest;

(v)

the variety;

(vi)

the country of origin;

(vii)

the markings and identification numbers given in Section 9 of the attestation;

(b)

for products manufactured from hops, in addition to the particulars listed under point (a): the place and date of processing.

Article 9

1.   The Member States shall regularly carry out checks on a random basis to verify whether hops which are imported pursuant to Article 158 of Regulation (EC) No 1234/2007 comply with the minimum marketing requirements set out in Annex I to Regulation (EC) No 1850/2006.

2.   The Member States shall report to the Commission, every year by 30 June, the frequency, type and result of the checks which were carried out over the year preceding that date. The checks shall cover at least 5 % of the number of hop consignments expected to be imported from a third country into the Member State in question during the year.

3.   If the competent authorities of the Member States find that the samples examined do not satisfy the minimum marketing requirements referred to in paragraph 1, the corresponding consignments may not be marketed in the Community.

4.   If a Member State discovers that the characteristics of a product do not conform to the details listed on the attestation of equivalence accompanying the product it shall notify the Commission thereof.

In accordance with the procedure provided for in Article 195(2) of Regulation (EC) No 1234/2007, a decision may be taken to withdraw the agency having issued the attestation of equivalence for such products from the list in Annex I.

Article 10

By way of derogation from this Regulation, neither the production of the attestation referred to in Article 1(2) nor compliance with the provisions of Article 5 shall be required for the release for free circulation of the following hops and hop products where the weight per individual package does not exceed 1 kg in the case of hop cones and hop powder and 300 g in the case of hop extracts:

(a)

small packages for sale to private individuals for their own use;

(b)

for scientific and technical experiments;

(c)

for fairs covered by the special customs arrangements for fairs.

The description, weight and final utilisation of the product must appear on the packaging.

Article 11

Regulations (EEC) No 3076/78 and (EEC) No 3077/78 are repealed.

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

Article 12

This Regulation shall enter into force on the 20th 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, 18 December 2008

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 367, 28.12.1978, p. 17.

(3)  OJ L 367, 28.12.1978, p. 28.

(4)  See Annex V.

(5)  OJ L 355, 15.12.2006, p. 72.


ANNEX I

AGENCIES AUTHORISED TO ISSUE ATTESTATIONS IN RESPECT OF

Hop cones CN code: ex 1210

Hop powders CN code: ex 1210

Saps and extracts of hops CN code: 1302 13 00

Country of origin

Agencies authorised

Address

Code

Telephone

Fax

E-mail (optional)

Australia

Quarantine Services

Department of Primary Industries & Water

Macquarie Wharf No 1

Hunter Street, Hobart

Tasmania 7000

(61-3)

6233 3352

6234 6785

 

Canada

Plant Protection Division, Animal and Plant Health Directorate, Food Production and Inspection Branch, Agriculture and Agri-food Canada

Floor 2, West Wing 59,

Camelot Drive

Napean, Ontario,

K1A OY9

(1-613)

952 8000

991 5612

 

China

Tianjin Airport Entry-Exit Inspection and Quarantine Bureau of the People's Republic of China

No. 33 Youyi Road,

Hexi District,

Tianjin 300201

(86-22)

2813 4078

28 13 40 78

ciqtj2002@163.com

Tianjin Economic and Technical Development Zone Entry-Exit Inspection and Quarantine Bureau of the People's Republic of China

No. 8, Zhaofaxincun

2nd Avenue, TEDA

Tianjin 300457

(86-22)

662 98343

662 98245

zhujw@tjciq.gov.cn

Inner Mongolia Entry-Exit Inspection and Quarantine Bureau of the People's Republic of China

No. 12 Erdos Street,

Saihan District, Huhhot City

Inner Mongolia 010020

(86-471)

434 1943

434 2163

zhaoxb@nmciq.gov.cn

Xinjiang Entry-Exit Inspection and Quarantine Bureau of the People's Republic of China

No. 116 North Nanhu Road,

Urumqi City

Xinjiang 830063

(86-991)

464 0057

464 0050

xjciq_jw@xjciq.gov.cn

New Zealand

Ministry of Agriculture and Fisheries

PO Box 2526

Wellington

(64-4)

472 0367

474 424

472-9071

 

Gawthorn Institute

Private Bag

Nelson

(64-3)

548 2319

546 9464

 

Serbia

Naucni Institute za Ratarstvo/Zavod za Hmelj sirak I lekovito bilje

21470 Backi Petrovac

(38-21)

780 365

621 212

berenji@eunet.yu

South Africa

CSIR Food Science and Technology

PO Box 395

0001 Pretoria

(27-12)

841 3172

841 3594

 

Switzerland

Labor Veritas

Engimattstrasse 11

Postfach 353

CH-8027 Zürich

(41-44)

283 2930

201 4249

admin@laborveritas.ch

Ukraine

Productional-Technical Centre (PTZ)

Ukrhmel

Hlebnaja 27

262028 Zhtiomie

(380)

37 2111

36 7331

 

United States

Washington Department of Agriculture

State Chemical and Hop Lab

21 N. 1st Ave. Suite 106

Yakima, WA 98902

(1-509)

225 7626

454 7699

 

Idaho Department of Agriculture

Division of Plant Industries

Hop Inspection Lab

2270 Old Penitentiary Road

P.O. Box 790

Boise, ID 83701

(1-208)

332 8620

334 2283

 

Oregon Department of Agriculture

Commodity Inspection Division

635 Capital Street NE

Salem, OR 97310-2532

(1-503)

986 4620

986 4737

 

California Department of Food and Agriculture (CDFA-CAC)

Division of Inspection Services

Analytical Chemistry Laboratory

3292 Meadowview Road

Sacramento, CA 95832

(1-916)

445 0029 or 262 1434

262 1572

 

USDA, GIPSA, FGIS

1100 NW Naito Parkway

Portland, OR 97209-2818

(1-503)

326 7887

326 7896

 

USDA, GIPSA, TSD, Tech Service Division, Technical Testing Laboratory

10383 Nth Ambassador Drive

Kansas City, MO 64153-1394

(1-816)

891 0401

891 0478

 

Zimbabwe

Standards Association of Zimbabwe (SAZ)

Northend Close,

Northridge Park Borrowdale,

P.O. Box 2259 Harare

(263-4)

88 2017, 88 2021, 88 5511

88 2020

info@saz.org.zw

saz.org.zw


ANNEX II

ATTESTATION OF EQUIVALENCE

Image


ANNEX III

EXTRACT OF ATTESTATION

Image


ANNEX IV

RULES GOVERNING THE FORMS REFERRED TO IN ARTICLES 4 AND 6

I.   PAPER

The paper to be used is a white paper weighing at least 40 g/m2.

II.   SIZE

The size is: 210 × 297 mm.

III.   LANGUAGES

A.

The attestation of equivalence must be printed in one of the official languages of the Community; it can also be printed in the official language or one of the official languages of the issuing country.

B.

The extract of the attestation of equivalence must be printed in one of the official languages of the Community designated by the competent authorities of the issuing Member State

IV.   COMPLETION OF THE FORMS

A.

The forms shall be completed by typewriter or by hand; in the latter case, they shall be completed legibly in ink and in printed characters.

B.

Each form is individualised by a number given by the issuing authority, this number being the same for the original and its two copies.

C.

In the case of the attestation of equivalence and its extracts:

1.

Section 5 shall not be completed for hop products made from blends of hops;

2.

Sections 7 and 8 shall be completed for all products made from hops;

3.

the description of the products (Section 9) shall be one of the following:

(a)

‘unprepared hops’: i.e. hops which have only undergone preliminary drying and packaging,

(b)

‘prepared hops’: i.e. hops which have undergone final drying and packaging,

(c)

‘hop powder’ (which shall include hop pellets and enriched hop powder),

(d)

‘isomerised hop extract’: i.e. an extract in which the alpha acids have been almost totally isomerised,

(e)

‘extract of hops’: i.e. other extracts than isomerised extract of hops,

(f)

‘mixed hop products’: i.e. a mixture of the products referred to in points (c), (d) and (e) above, excluding hops;

4.

the description ‘unprepared hops’ or ‘prepared hops’ shall be followed by the word ‘seedless’ if the seed content is less than 2% of the weight of the hops, and by the word ‘seeded’ in other cases;

5.

in cases where products made from hops are obtained from hops of different varieties and/or different places of production, these different varieties and/or places of production shall be stated in Section 9, followed by the percentage by weight of each variety from each production area making up the blend.


ANNEX V

Repealed Regulations with list of their successive amendments

Commission Regulation (EEC) No 3076/78

(OJ L 367, 28.12.1978, p. 17)

 

Commission Regulation (EEC) No 1465/79

(OJ L 177, 14.7.1979, p. 35)

Article 2 only concerning the references to Article 3 of Regulation (EEC) No 3076/78

Commission Regulation (EEC) No 4060/88

(OJ L 356, 24.12.1988, p. 42)

Article 1 only

Commission Regulation (EEC) No 2264/91

(OJ L 208, 30.7.1991, p. 20)

 

Commission Regulation (EEC) No 2940/92

(OJ L 294, 10.10.1992, p. 8)

 

Commission Regulation (EEC) No 717/93

(OJ L 74, 27.3.1993, p. 45)

 

Commission Regulation (EEC) No 2918/93

(OJ L 264, 23.10.1993, p. 37)

 

Commission Regulation (EEC) No 3077/78

(OJ L 367, 28.12.1978, p. 28)

 

Commission Regulation (EEC) No 673/79

(OJ L 85, 5.4.1979, p. 25)

 

Commission Regulation (EEC) No 1105/79

(OJ L 138, 6.6.1979, p. 9)

 

Commission Regulation (EEC) No 1466/79

(OJ L 177, 14.7.1979, p. 37)

 

Commission Regulation (EEC) No 3042/79

(OJ L 343, 31.12.1979, p. 5)

 

Commission Regulation (EEC) No 3093/81

(OJ L 310, 30.10.1981, p. 17)

 

Commission Regulation (EEC) No 541/85

(OJ L 62, 1.3.1985, p. 57)

 

Commission Regulation (EEC) No 3261/85

(OJ L 311, 22.11.1985, p. 20)

 

Commission Regulation (EEC) No 3589/85

(OJ L 343, 20.12.1985, p. 19)

Article 1(2)

Commission Regulation (EEC) No 1835/87

(OJ L 174, 1.7.1987, p. 14)

 

Commission Regulation (EEC) No 3975/88

(OJ L 351, 21.12.1988, p. 23)

 

Commission Regulation (EEC) No 4060/88

(OJ L 356, 24.12.1988, p. 42)

Article 2 only

Commission Regulation (EEC) No 2835/90

(OJ L 268, 29.9.1990, p. 88)

 

Commission Regulation (EEC) No 2238/91

(OJ L 204, 27.7.1991, p. 13)

 

Commission Regulation (EEC) No 2915/93

(OJ L 264, 23.10.1993, p. 29)

 

Commission Regulation (EC) No 812/94

(OJ L 94, 13.4.1994, p. 4)

 

Commission Regulation (EC) No 1757/94

(OJ L 183, 19.7.1994, p. 11)

 

Commission Regulation (EC) No 201/95

(OJ L 24, 1.2.1995, p. 121)

 

Commission Regulation (EC) No 972/95

(OJ L 97, 29.4.1995, p. 62)

 

Commission Regulation (EC) No 2132/95

(OJ L 214, 8.9.1995, p. 7)

 

Commission Regulation (EC) No 539/98

(OJ L 70, 10.3.1998, p. 3)

 

Commission Regulation (EC) No 81/2005

(OJ L 16, 20.1.2005, p. 52)

 

Commission Regulation (EC) No 495/2007

(OJ L 117, 5.5.2007, p. 6)

 


ANNEX VI

Correlation Table

Regulation (EEC) No 3076/78

Regulation (EEC) No 3077/78

This Regulation

Article 1(1) and (2)

 

Article 1(1) and (2)

Article 1(3)

 

Article 2

 

Article 1, first sentence

Article 3, first paragraph

 

Article 1, second sentence

Article 3, second paragraph

Article 2

 

Article 4

Article 3(1), introductory sentence

 

Article 5(1), introductory sentence

Article 3(1), first to fourth indents

 

Article 5(1), points (a) to (d)

Article 3(2)

 

Article 5(2)

Article 4

 

Article 5(1), first sentence

 

Article 6(1), first subparagraph

Article 5(1), second sentence

 

Article 6(1), second subparagraph

Article 5(1), third sentence

 

Article 6(1), third subparagraph

Article 5(2), first sentence

 

Article 6(2), first sentence

Article 5(2), second sentence

 

Article 6(2), second sentence

Article 6

 

Article 7

Article 7, first paragraph, except last five words

 

Article 8, first paragraph

Article 7, last five words of first paragraph and point 1

 

Article 8, second paragraph, introductory words

Article 7, point 1(a), introductory words

 

Article 8, second paragraph point (a), introductory words

Article 7, point 1(a), first indent

 

Article 8, second paragraph, point (a)(i)

Article 7, point 1(a), second indent

 

Article 8, second paragraph, point (a)(ii)

Article 7, point 1(a), third indent

 

Article 8, second paragraph, point (a)(iii)

Article 7, point 1(a), fourth indent

 

Article 8, second paragraph, point (a)(iv)

Article 7, point 1(a), fifth indent

 

Article 8, second paragraph, point (a)(v)

Article 7, point 1(a), sixth indent

 

Article 8, second paragraph, point (a)(vi)

Article 7, point 1(a), seventh indent

 

Article 8, second paragraph, point (a)(vii)

Article 7, point 1(b)

 

Article 8, second paragraph, point (b)

Article 7(2)

 

Article 7a, first paragraph, first sentence

 

Article 9(1)

Article 7a, first paragraph, second sentence

 

Article 9(2)

Article 7a, second paragraph

 

Article 9(3)

Article 7a, third paragraph, first sentence

 

Article 9(4), first subparagraph

Article 7a, third paragraph, second sentence

 

Article 9(4), second subparagraph

Article 8

 

Article 10

Article 9

 

Article 10

 

Article 11

Article 12

 

Annex

Annex I

Annex I

 

Annex II

Annex II

 

Annex III

Annex III

 

Annex IV

 

Annex IV

Annex V

Annex VI


19.12.2008   

EN

Official Journal of the European Union

L 340/57


COMMISSION REGULATION (EC) No 1296/2008

of 18 December 2008

laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal

(Codified version)

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), and in particular Article 144(1) in conjunction with Article 4 thereof,

Whereas:

(1)

Commission Regulation (EC) No 1839/95 of 26 July 1995 on laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Regulation should be codified.

(2)

Under the agreements concluded during the Uruguay Round of multilateral trade negotiations, the Community has undertaken, as from the 1995/96 marketing year, to open reduced-tariff quotas for imports into Portugal of 500 000 tonnes of maize and into Spain of two million tonnes of maize and 300 000 tonnes of sorghum respectively. In the case of the quota for imports into Spain, the quantities of certain grain substitutes imported into Spain are to be deducted in proportion to the total quantities imported. In the case of the quota opened for imports of maize into Portugal, the import duty actually paid should not exceed EUR 50 per tonne.

(3)

In order to ensure the sound management of these quotas, provision should be made for similar methods for booking imports of maize and sorghum effected in Spain and in Portugal.

(4)

In order to attain this objective and to guarantee effective monitoring by the Commission of the arrangements and of the Community’s international obligations, it is appropriate to determine with precision the imports to be booked pursuant to these quotas and to provide for Spain and Portugal to communicate to the Commission, each month, all imports of the products concerned actually carried out, specifying the calculation method applied.

(5)

The period laid down for the import of import quotas of maize into Portugal and of maize and sorghum into Spain and for the taking account of any imports of substitute products must be based on the calendar year.

(6)

The quantity of maize to be imported into Portugal and of maize and sorghum to be imported into Spain in a given year, reduced by the quantities of certain grain substitutes imported into Spain during that same year, does not allow, at the end of the year, the balance of maize and sorghum which remains to be imported in the year concerned to be determined. Consequently, the period during which imports may be booked against a year must be extended, in cases of necessity, to the month of May of the following year.

(7)

It is in the interest of Community operators to ensure an adequate supply of the products concerned on the Community market at stable prices whilst avoiding unnecessary and excessive risks or even market disruptions in the form of severe price fluctuations. The Commission, taking account of the evolving international markets, the supply conditions in Spain and Portugal, and the Community’s international commitments, should decide whether a reduction to the applicable import duties fixed in accordance with Commission Regulation (EC) No 1249/96 of 28 June 1996 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92 (4) are required to ensure that the import quotas for the products concerned are fully used.

(8)

In order to ensure that these quotas are applied, provision should be made for direct purchase on the world market or application of an import duty reduction system established pursuant to Regulation (EC) No 1249/96.

(9)

The combination of the advantages provided for under the arrangements established by Council Regulation (EC) No 1528/2007 (5), applicable to imports into the Community of sorghum and maize originating in certain States which are part of the the African, Caribbean and Pacific Group of States (‘ACP States’) and under this Regulation is liable to create disturbances on the Spanish and Portuguese markets in cereals. That difficulty can be overcome by setting a special reduction of the levy on maize and sorghum imported under this Regulation.

(10)

In the case of direct purchase on the world market, and with a view to enabling the operation to be carried out under optimum conditions and in particular at the lowest purchase and transport costs, an invitation to tender should be organised for the supply and delivery to warehouses designated by the paying agency or intervention agency concerned. Provision should be made for tenders to be lodged for individual lots in line with storage capacities available in certain areas of the Member State concerned and published in the notice of invitation to tender.

(11)

Detailed rules should be adopted on the organisation of the invitations to tender for the import duty reduction and for direct purchase on the world market, and conditions should be defined for submitting tenders and lodging and releasing securities guaranteeing compliance with the successful tenderer's obligations.

(12)

With a view to sound economic and financial management of the purchasing operations in question and in particular to avoid disproportionate and excessive risks for operators in view of foreseeable prices on the Spanish and Portuguese markets, provision should be made for importing onto the market, subject to a reduced duty, cereals which do not meet the quality requirements laid down in the invitation to tender. In that case, however, the duty reduction may not be greater than the last amount fixed for the reduction in question.

(13)

Provision should be made to cover the operations arising from this Regulation according to the mechanisms laid down by Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (6).

(14)

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:

CHAPTER I

GENERAL PROVISIONS

Article 1

1.   Quotas for imports from third countries, for release for free circulation in Spain, of a maximum quantity each year of two million tonnes of maize and 300 000 tonnes of sorghum shall be opened on 1 January of each year. Imports under those quotas shall be effected as provided for in this Regulation.

2.   On 1 January each year an import quota shall be opened for a maximum of 500 000 tonnes of maize for release into free circulation in Portugal. Imports under this quota shall be made on an annual basis under the conditions laid down in this Regulation.

3.   In the event of technical difficulties duly noted by the Commission a period of importation exceeding that time limit may be laid down in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.

4.   The reduction in the import duty on flint maize provided for in Article 2(5) of Regulation (EC) No 1249/96 shall not apply under the quotas provided for in paragraphs 1 and 2 of this Article.

Article 2

1.   The quantities for import into Spain referred to in Article 1(1) shall be reduced in each year in proportion to any quantities of residues of starch manufacture from maize falling within CN codes 2303 10 19 and 2309 90 20, brewing and distilling dregs and waste falling within CN code 2303 30 00 and citrus pulp residues falling within CN code ex 2308 00 40 imported into Spain from third countries during the year concerned.

2.   The Commission shall book for the quotas referred to in Article 1(1) and (2):

(a)

the quantities of maize (CN code 1005 90 00) and sorghum (CN code 1007 00 90) imported into Spain and the quantities of maize (CN code 1005 90 00) imported into Portugal during each calendar year and, where necessary, until the end of May of the following year;

(b)

the quantities of residues of starch manufacture from maize, brewing and distilling dregs and waste and residues of citrus pulp, referred to in paragraph 1 of this Article, imported into Spain during each calendar year.

Where quantities are booked in respect of the months following the reference calendar year in accordance with point (a) of the first subparagraph, these quantities may no longer be booked in respect of the following calendar year.

3.   For the purposes of booking quantities as provided for in paragraph 2, imports of maize into Spain and Portugal carried out under the following acts shall not be taken into account:

(a)

Council Regulation (EC) No 2007/2000 (7);

(b)

Council and Commission Decision 2005/40/EC, Euratom (8);

(c)

Council Decision 2006/580/EC (9);

(d)

Commission Regulation (EC) No 969/2006 (10).

Article 3

The competent authorities of Spain and of Portugal shall notify the Commission, by electronic means, not later than the fifteenth day of each month, of the quantities of the products referred to in Article 2(2) imported in the course of the penultimate month, on the basis of the model in Annex I.

Article 4

1.   The quantities of maize and sorghum referred to in Article 1(1) shall be allocated to processing or use in Spain.

2.   The quantities of maize referred to in Article 1(2) shall be allocated to processing or use in Portugal.

Article 5

Imports shall be effected, as part of the quotas referred to in Article 1(1) and (2) and within the quantitative limits set out in Article 1(1) and (2), to Spain and Portugal by applying an import duty reduction system as provided for in Article 6, or by direct purchase on the world market.

CHAPTER II

IMPORTATION WITH IMPORT DUTY REDUCTION

Article 6

1.   Without prejudice to Article 15, for imports of maize and sorghum into Spain and imports of maize into Portugal, within the quantitative limits set in Article 1(1) and (2), a reduction may be applied to the import duty fixed in accordance with Regulation (EC) No 1249/96.

2.   The Commission, taking account of the existing market conditions, shall decide whether the reduction provided for in paragraph 1 shall be applied, so as to ensure that the import quotas are fully used.

3.   If the Commission decides to apply the reduction referred to in paragraph 1, the amount of the reduction shall be fixed on a flat-rate basis or by tendering procedure, at a level enabling, firstly, disturbance of the Spanish and Portuguese markets as a result of imports into those Member States to be avoided and, secondly, the quantities referred to in Article 1(1) and (2) to be actually imported.

4.   The amount of the flat-rate reduction and, if the reduction is fixed in accordance with the tendering procedure referred to in Article 8(1), the amount of the latter reduction, shall be fixed in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.

In the case of imports into Portugal, the amount of the reduction referred to in paragraph 3 shall be fixed in such a way that the duty actually paid does not exceed EUR 50 per tonne.

The reduction may be differentiated for imports of maize and/or sorghum under Regulation (EC) No 1528/2007.

5.   The import duty reduction provided for in paragraph 1 shall be applied on importation into Spain of maize falling within CN code 1005 90 00 and sorghum falling within CN code 1007 00 90 and on importation into Portugal of maize falling within CN code 1005 90 00, covered by licences issued by the Spanish and Portuguese competent authorities as provided for in this Regulation and with the consent of the Commission. These licences shall be valid only in the Member State in which they are issued.

Article 7

1.   A tendering procedure may be organised for the reduction in the import duty. In such cases, interested parties shall reply to the invitation to tender either by lodging a written tender in exchange for an acknowledgement of receipt with the competent body specified in the invitation to tender or by forwarding that tender to the latter by registered letter, telex, fax or telegram.

2.   Tenders must give:

(a)

the reference of the invitation to tender;

(b)

the tenderer's name and exact addresses, together with the telex or telefax number;

(c)

the nature and quantity of the product to be imported;

(d)

the amount per tonne of the import duty reduction proposed in euros;

(e)

the country of origin of the cereals to be imported.

3.   Tenders must be accompanied:

(a)

by evidence that the tenderer has lodged a security of EUR 20 per tonne; and

(b)

by a written undertaking by the tenderer that, within two days of receipt of notification of the award of contract, he will lodge with the competent body concerned an application for an import licence for the quantity awarded, and that he will import from the country of origin specified in the tender.

4.   Tenders must specify only one country of origin; they may not exceed the maximum quantity available for each tendering deadline.

5.   Tenders not submitted in accordance with paragraphs 1 to 4 or containing conditions other than those laid down in the invitation to tender shall not be considered.

6.   Tenders may not be withdrawn.

7.   Tenders must be forwarded to the Commission by the competent body not later than two hours after the deadline for the lodging of tenders as specified in the invitation to tender. They must be forwarded in the form shown in Annex II.

Where no tenders are submitted, the Member State concerned shall inform the Commission within the same time limit.

Article 8

1.   On the basis of the tenders lodged and forwarded under a tendering procedure for the import duty reduction the Commission shall decide, in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007:

(a)

to fix a maximum import duty reduction; or

(b)

not to pursue the tendering procedure.

Where it is decided to fix a maximum import duty reduction, any tender(s) for an amount equal to or less than the maximum reduction shall be accepted. However, where the maximum reduction fixed under the tendering procedure for a given week leads to the acceptance of quantities exceeding the quantities remaining for importation, the tenderer having lodged the tender corresponding to the accepted maximum reduction shall be awarded a quantity equal to the difference between the quantities applied for in the other accepted tenders and the quantity available. Where the maximum reduction fixed corresponds to several tenders, the quantity to be awarded shall be shared between the tenderers in proportion to the respective quantities for which they have tendered.

2.   The competent authorities of Spain or Portugal shall notify all tenderers in writing of the outcome of their tenders as soon as the Commission has taken the decision referred to in paragraph 1.

Article 9

1.   Licence applications shall be submitted on forms printed and/or drawn up in accordance with Article 17 of Commission Regulation (EC) No 376/2008 (11). Where a flat-rate reduction is adopted by the Commission, applications shall be lodged on the first two working days of each week. Where the duty reduction is awarded under a tendering procedure, applications shall be lodged, for the awarded quantity, within two days of receipt of the notice of award showing the reduction proposed in the tender.

2.   Section 24 of licence applications and licences shall contain one of the entries listed in Annex III.

3.   Where a flat-rate reduction is applied, licence applications shall be taken into consideration only where evidence is provided that a security of EUR 20 per tonne has been lodged in favour of the competent body concerned.

Article 10

1.   Licence applications shall be accompanied by a written undertaking from the applicant to lodge, by the date of issue of the licence at the latest, a performance guarantee of an amount per tonne equal to the flat-rate duty reduction granted or to that of the reduction proposed in the tender.

2.   The level of security provided for in Article 12(a) of Commission Regulation (EC) No 1342/2003 (12) shall apply to import licences issued under this Regulation.

3.   Where a flat-rate reduction is adopted by the Commission, the rate of reduction and import duty rate applied shall be those in force on the day on which the certificate of release for free circulation is accepted by the customs office.

4.   Where the reduction is fixed under a tendering procedure, the rate of duty applied shall be that in force on the day on which the certificate of release for free circulation is accepted by the customs office. In addition, the amount of the reduction granted shall be shown in section 24 of the licence.

However, in the case of imports effected after the end of the month in which the import licence is issued, if the month in which the licence is issued is between October and May inclusive the amount of the reduction granted shall be increased by an amount equal to the difference between the intervention price in force in the month in which the licence was issued plus 55 % and the price in force in the month in which the certificate of release for free circulation is accepted plus the same percentage. In the case of licences issued prior to 1 October and used from that date, the amount of the reduction granted shall be reduced by an amount calculated in the same way.

5.   Applications shall be valid only if:

(a)

they do not exceed the maximum quantity available for each deadline for lodging applications; and

(b)

they are accompanied by evidence that the applicant's business activity includes international cereals trading in the importing Member State. For the purpose of this Article, the provision of such evidence shall consist in presentation to the competent body of either a copy of a certificate of payment of value added tax in the Member State concerned or a copy of either a customs clearance certificate issued by the Member State concerned in respect of an import or export licence or an invoice relating to intra-Community trade in the applicant's name for an operation conducted in any of the three preceding years.

6.   The customs authorities of the Member State of importation shall take representative samples from each imported consignment in accordance with the Annex to Commission Directive 76/371/EEC (13), in order to determine the vitreous grain content using the method and criteria set out in Article 6(2) of Regulation (EC) No 1249/96.

Article 11

1.   Where a flat-rate reduction is adopted by the Commission, licences shall be issued, within the quantities available, no later than the Friday following the last day for submission as specified in Article 9(1). If the Friday is not a working day, they shall be issued on the first working day thereafter.

Should the applications made in respect of a week be for quantities exceeding those for maize and sorghum still available for import into Spain and maize into Portugal, the quantities for which licences are issued shall be the quantities indicated in the applications, reduced by a uniform percentage.

2.   Where a duty reduction is fixed under a tendering procedure, licences shall be issued, on condition that the tenderer has lodged an application for an import licence as referred to in Article 7(3)(b) before the specified deadline, for the quantities awarded not later than the third working day following the final date for submitting licence applications as set out in Article 9(1).

3.   The competent authorities shall notify the Commission of the quantities for which licences have been issued each week no later than the third working day of the following week.

4.   Notwithstanding Article 22(1) of Regulation (EC) No 376/2008 import licences shall, for the purpose of determining their period of validity, be deemed to have been issued on the day of expiry of the deadline for lodging tenders or applications.

Article 12

1.   The period of validity of licences shall be:

(a)

the period specified in Article 6 of Regulation (EC) No 1342/2003 in cases where a flat-rate reduction has been adopted by the Commission;

(b)

the period specified in the Regulation opening the invitation to tender, in the case of licences issued under a tendering procedure for the duty reduction.

2.   In Section 8 of the import licence, a cross must be marked against the word ‘yes’. Notwithstanding Article 7(4) of Regulation (EC) No 376/2008, the quantity released for free circulation shall not exceed the quantity specified in Sections 17 and 18 of the import licence, but may be less than that quantity by up to 5 %. The figure ‘0’ must be entered in Section 19 of the licence.

3.   Notwithstanding Article 8 of Regulation (EC) No 376/2008, the rights arising from import licences under this Regulation shall not be transferable.

Article 13

1.   Without prejudice to the surveillance measures adopted pursuant to Article 14, the security referred to in Article 7(3)(a) shall be released:

(a)

forthwith, where the tender is not accepted;

(b)

where the tender submitted for the tendering procedure is accepted, on the issue of the import licence. However, where the undertaking referred to in Article 7(3)(b) is not fulfilled, the security shall be forfeit.

2.   Without prejudice to the surveillance measures adopted pursuant to Article 14, the security referred to in Article 9(3) shall be released:

(a)

forthwith, in respect of quantities for which no licence has been issued;

(b)

on the issue of the import licence, in respect of quantities for which a licence has been issued.

3.   Without prejudice to the surveillance measures adopted pursuant to Article 14, the security referred to in Article 10(1) shall be released where the tenderer provides proof:

(a)

for maize for which the analysis carried out in accordance with Article 10(6) shows a vitreous grain content of more than 60 %, that the imported product has been processed in the Member State of release for free circulation into any product other than those falling within CN codes 1904 10 10, 1103 13 or 1104 23. That proof shall be provided in the form of a T5 control copy drawn up by the customs clearance office, in accordance with Commission Regulation (EEC) No 2454/93 (14), before departure of the goods for processing;

(b)

for maize for which the analysis carried out in accordance with Article 10(6) shows a vitreous grain content equal or lower than 60 % and for sorghum, that the imported product has been processed or used in the Member State of release for free circulation. That proof may be provided in the form of a sales invoice to a processor or consumer with headquarters in the Member State of release for free circulation;

(c)

that the product could not be imported, processed or used for reasons of force majeure;

(d)

that the imported product has become unsuitable for any use whatsoever.

For quantities in respect of which the abovementioned evidence is not produced within 18 months of the date of acceptance of the declaration of release for free circulation, the security shall be forfeit as duty.

For the purposes of this Article, the processing or utilisation of the imported product shall be considered to have been effected if 95 % of the quantity released for free circulation has been processed or used.

4.   Securities shall be subject to the provisions of Article 34 of Regulation (EC) No 376/2008, except for the provision on the two month time limit referred to in paragraph 4 of that Article.

Article 14

1.   Maize and sorghum released for free circulation with a reduced duty shall remain under the customs surveillance or under administrative control of equivalent effect until such time as it is used or processed.

2.   The Member State concerned shall, if need be, take all necessary measures to ensure that the surveillance referred to in paragraph 1 is carried out. These measures shall include requiring importers to submit to any check considered necessary by the competent authorities and to keep specific records enabling the authorities to make such checks.

3.   The Member State concerned shall immediately notify the Commission of the measures adopted pursuant to paragraph 2.

CHAPTER III

DIRECT PURCHASE ON THE WORLD MARKET

Article 15

1.   With a view to effecting the imports referred to in Article 1, it may be decided, in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007, that the Spanish or Portuguese paying or intervention agency (both hereinafter referred to as ‘intervention agency’) shall purchase on the world market quantities of maize and/or sorghum to be determined, and shall place in the Member State concerned under customs warehousing procedure as provided for in Articles 98 to 113 of Council Regulation (EEC) No 2913/92 (15) and by the provisions of Regulation (EEC) No 2454/93 laying down provisions for the implementation of Regulation (EEC) No 2913/92.

2.   Quantities purchased pursuant to paragraph 1 shall be put up for sale on the domestic market of the Member State concerned, in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007, on terms enabling market disturbance to be avoided and in accordance with Article 14 of this Regulation.

When the goods are put up for sale on the domestic market, the buyer shall lodge with the intervention agency of the Member State concerned on payment of the goods a security of EUR 15 per tonne. The security shall be released when the evidence referred to in Article 13(3) is produced. For the purposes of the release of the security, the provisions of the second and third subparagraphs of Article 13(3) and those of Article 13(4) shall apply.

3.   When the goods are placed in free circulation, an import duty shall be charged, equal to the average of the duties fixed pursuant to Regulation (EC) No 1249/96 for the cereals concerned during the month preceding the date of acceptance of the declaration of release for free circulation, minus an amount equal to 55 % of the intervention price for the same month.

Entry into free circulation shall be effected by the intervention agency of the Member State concerned.

When the purchasers of the goods make payment to the intervention agency, the selling prices, minus the duty referred to in the first subparagraph, shall correspond to amounts collected within the meaning of Article 5(2)(f) of Commission Regulation (EC) No 884/2006 (16).

4.   The purchasing operation provided for in paragraph 1 shall rank as intervention for the purpose of stabilising the agricultural markets within the meaning of Article 3(1)(b) of Regulation (EC) No 1290/2005.

5.   Payments by the intervention agency for purchases as provided for in paragraph 1 shall be borne by the Community as they arise and shall be considered as interventions within the meaning of Article 3(1)(b) of Regulation (EC) No 1290/2005. The intervention agency of the Member State concerned shall record the value of the goods purchased at a price of ‘zero’ in the account referred to in Article 5 of Regulation (EC) No 884/2006.

Article 16

1.   The Spanish or Portuguese intervention agency shall arrange for the product to be bought on the world market by the award of a supply contract under a tendering procedure. The supply shall consist in the purchase of the product on the world market and the delivery, not unloaded, to warehouses designated by the abovementioned intervention agency for placing under the customs warehousing procedure provided for in Articles 98 to 113 of Regulation (EEC) No 2913/92.

The decision to purchase on the world market referred to in Article 15(1) shall specify in particular the quantity and quality of cereals to be imported, the dates of opening and closing of the tendering procedure and the final date for delivery of the goods.

2.   A notice of invitation to tender drawn up in accordance with Annex IV shall be published in the ‘C’ series of the Official Journal of the European Union. The invitation shall relate to one or more lots. ‘Lot’ shall be understood as meaning the quantities to be delivered as specified in the invitation.

3.   The intervention agency of the Member State concerned shall adopt, as required, additional measures for implementing the purchasing operations on the world market in question.

The intervention agency shall notify the Commission immediately of such measures and shall inform operators thereof.

Article 17

1.   Interested parties shall reply to the invitation to tender either by lodging a written tender in exchange for an acknowledgment of receipt with the intervention agency indicated in the notice of invitation to tender, or by forwarding the same to the latter by registered letter, telex, telefax or telegram.

Tenders must reach the intervention agency before 12 noon (Brussels time) on the day on which the deadline for the submission of tenders indicated in the notice of invitation to tender expires.

2.   Tenders may only be submitted in respect of whole lots. They shall give:

(a)

the reference of the invitation to tender;

(b)

the tenderer's name and exact address, together with the telex or telefax number;

(c)

details of the lot concerned;

(d)

the tender price proposed, per tonne of product, in euros;

(e)

the country of origin of the cereals to be imported;

(f)

separately, the cif price, per tonne of product, in euros, corresponding to the tender.

3.   Tenders must be accompanied by evidence that the security referred to in Article 18(1) has been lodged before expiry of the deadline for the submission of tenders.

4.   Tenders not submitted in accordance with the provisions of this Article or containing conditions other than those laid down in the invitation to tender shall not be considered.

5.   Tenders may not be withdrawn.

Article 18

1.   Tenders submitted shall be considered only where there is evidence that a security of EUR 20 per tonne has been lodged.

2.   Securities shall be lodged in accordance with the criteria laid down in the invitation to tender referred to in Article 16(2) by the Member State concerned, in accordance with Commission Regulation (EEC) No 2220/85 (17).

3.   Securities shall be released immediately in the following cases:

(a)

where the tender is not accepted;

(b)

where the tenderer provides evidence that the supply contract has been performed in accordance with the conditions laid down in Article 16 for the accepted tender;

(c)

where the tenderer provides evidence that the goods could not be imported for reasons of force majeure.

Article 19

Tenders shall be opened and read in public. This shall be done by the intervention agency immediately after the expiry of the deadline for the submission of tenders.

Article 20

1.   Without prejudice to the application of paragraphs 2 and 3, the decision to award the contract to the tenderer submitting the most favourable tender shall be notified in writing to all the tenderers not later than the second working day following the day on which the tenders are opened and read.

2.   Where the tender judged most favourable is submitted simultaneously by more than one tenderer, the intervention agency shall draw lots to decide which tenderer is to be selected.

3.   If the tenders submitted seem not to reflect the conditions normally applying on the markets, the intervention agency may decide to make no award. Invitations to tender shall be renewed within one week until all the lots are awarded.

Article 21

1.   At the time of supply the intervention agency shall check the quantity and quality of the goods.

Subject to the application of the price reductions provided for in the notice of invitation to tender, the goods shall be rejected if the quality is below the minimum quality laid down. However the goods may be imported with a reduced duty, obtained by applying a flat-rate reduction in accordance with Chapter II.

2.   Where, pursuant to paragraph 1, delivery does not take place, the security referred to in Article 18 shall be forfeit without prejudice to any other financial consequences for breach of the supply contract.

CHAPTER IV

FINAL PROVISIONS

Article 22

Regulation (EC) No 1839/95 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 VI

Article 23

This Regulation shall enter into force on the twentieth 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, 18 December 2008.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 177, 28.7.1995, p. 4.

(3)  See Annex V.

(4)  OJ L 161, 29.6.1996, p. 125.

(5)  OJ L 348, 31.12.2007, p. 1.

(6)  OJ L 209, 11.8.2005, p. 1.

(7)  OJ L 240, 23.9.2000, p. 1.

(8)  OJ L 26, 28.1.2005, p. 1.

(9)  OJ L 239, 1.9.2006, p. 1.

(10)  OJ L 176, 30.6.2006, p. 44.

(11)  OJ L 114, 26.4.2008, p. 3.

(12)  OJ L 189, 29.7.2003, p. 12.

(13)  OJ L 102, 15.4.1976, p. 1.

(14)  OJ L 253, 11.10.1993, p. 1.

(15)  OJ L 302, 19.10.1992, p. 1.

(16)  OJ L 171, 23.6.2006, p. 35.

(17)  OJ L 205, 3.8.1985, p. 5.


ANNEX I

Imports of maize (CN code 1005 90 00), sorghum (CN code 1007 00 90) and substitute products (CN codes 2303 10 19, 2303 20 00, 2309 90 20 and ex 2308 00 40)

(form to be sent to the following address: agri-cl@ec.europa.eu)

 

Releases for free circulation during [month/year]

 

Member State: [COUNTRY/Competent national authority]


Regulation

CN Code

Country of origin

Quantity

(tonnes)

Applicable customs duty

 

 

 

 

 


ANNEX II

Weekly tendering procedure for the reduction in the duty on imports of … from third countries

(Regulation (EC) No 1296/2008)

(Closing date for the submission of tenders (date/time))

1

2

3

4

5

Reference number of tenderer

Quantity

(in tonnes)

Aggregate quantity

(in tonnes)

Amount of the import duty reduction

Origin of the cereal

1

 

 

 

 

2

 

 

 

 

3

 

 

 

 

4

 

 

 

 

etc.

 

 

 

 


ANNEX III

Entries referred to in Article 9(2)

:

in Bulgarian

:

Намаляване ставката на митото: лицензия, валидна единствено в Испания (Регламент (ЕО) № 1296/2008)

Намаляване ставката на митото: лицензия, валидна единствено в Португалия (Регламент (ЕО) № 1296/2008)

:

in Spanish

:

Reducción del derecho: certificado válido únicamente en España [Reglamento (CE) no 1296/2008]

Reducción del derecho: certificado válido únicamente en Portugal [Reglamento (CE) no 1296/2008]

:

in Czech

:

Snížení cla: licence platná pouze ve Španělsku (nařízení (ES) č. 1296/2008)

Snížení cla: licence platná pouze v Portugalsku (nařízení (ES) č. 1296/2008)

:

in Danish

:

Nedsættelse af tolden: licensen er kun gyldig i Spanien (Forordning (EF) nr. 1296/2008)

Nedsættelse af tolden: licensen er kun gyldig i Portugal (Forordning (EF) nr. 1296/2008)

:

in German

:

Ermäßigter Zoll: Lizenz nur in Spanien gültig (Verordnung (EG) Nr. 1296/2008)

Ermäßigter Zoll: Lizenz nur in Portugal gültig (Verordnung (EG) Nr. 1296/2008)

:

in Estonian

:

Tollimaksu vähendamine: litsents kehtib ainult Hispaanias (määrus (EÜ) nr 1296/2008)

Tollimaksu vähendamine: litsents kehtib ainult Portugalis (määrus (EÜ) nr 1296/2008)

:

in Greek

:

Μείωση τoυ δασμoύ: πιστoπoιητικό πoυ ισχύει μόνo στην Iσπανία [κανoνισμός (ΕΚ) αριθ. 1296/2008]

Μείωση τoυ δασμoύ: πιστoπoιητικό πoυ ισχύει μόνo στην Πoρτoγαλία [κανoνισμός (ΕΚ) αριθ. 1296/2008]

:

in English

:

Duty reduction: licence valid only in Spain (Regulation (EC) No 1296/2008)

Duty reduction: licence valid only in Portugal (Regulation (EC) No 1296/2008)

:

in French

:

Abattement du droit: certificat valable uniquement en Espagne [règlement (CE) no 1296/2008]

Abattement du droit: certificat valable uniquement au Portugal [règlement (CE) no 1296/2008]

:

in Italian

:

Riduzione del dazio: titolo valido unicamente in Spagna [regolamento (CE) n. 1296/2008]

Riduzione del dazio: titolo valido unicamente in Portogallo [regolamento (CE) n. 1296/2008]

:

in Latvian

:

Muitas samazinājums: licence ir derīga tikai Spānijā (Regula (EK) Nr. 1296/2008)

Muitas samazinājums: licence ir derīga tikai Portugālē (Regula (EK) Nr. 1296/2008)

:

in Lithuanian

:

Muito sumažinimas: licencija galioja tik Ispanijoje (Reglamentas (EB) Nr. 1296/2008)

Muito sumažinimas: licencija galioja tik Portugalijoje (Reglamentas (EB) Nr. 1296/2008)

:

in Hungarian

:

Vámcsökkentés: az engedély kizárólag Spanyolországban érvényes (1296/2008/EK rendelet)

Vámcsökkentés: az engedély kizárólag Portugáliában érvényes (1296/2008/EK rendelet)

:

in Maltese

:

Tnaqqis tad-dazju: liċenzja valida biss fi Spanja (Regolament (KE) Nru 1296/2008)

Tnaqqis tad-dazju: liċenzja valida biss fil-Portugall (Regolament (KE) Nru 1296/2008)

:

in Dutch

:

Korting op het invoerrecht: certificaat uitsluitend geldig in Spanje (Verordening (EG) nr. 1296/2008)

Korting op het invoerrecht: certificaat uitsluitend geldig in Portugal (Verordening (EG) nr. 1296/2008)

:

in Polish

:

Obniżenie stawki celnej: pozwolenie ważne wyłącznie w Hiszpanii (rozporządzenie (WE) nr 1296/2008)

Obniżenie stawki celnej: pozwolenie ważne wyłącznie w Portugalii (rozporządzenie (WE) nr 1296/2008)

:

in Portuguese

:

Redução do direito: certificado válido apenas em Espanha [Regulamento (CE) n.o 1296/2008]

Redução do direito: certificado válido apenas em Portugal [Regulamento (CE) n.o 1296/2008]

:

in Romanian

:

Reducere de taxă vamală: licență valabilă doar în Spania [Regulamentul (CE) nr. 1296/2008]

Reducere de taxă vamală: licență valabilă doar în Portugalia [Regulamentul (CE) nr. 1296/2008]

:

in Slovak

:

Zníženie cla: licencia platná iba v Španielsku [Nariadenie (ES) č. 1296/2008]

Zníženie cla: licencia platná iba v Portugalsku [Nariadenie (ES) č. 1296/2008]

:

in Slovenian

:

Znižanje dajatve: dovoljenje veljavno samo v Španiji (Uredba (ES) št. 1296/2008)

Znižanje dajatve: dovoljenje veljavno samo v Portugalski (Uredba (ES) št. 1296/2008)

:

in Finnish

:

Tullinalennus: todistus voimassa ainoastaan Espanjassa (Asetus (EY) N:o 1296/2008)

Tullinalennus: todistus voimassa ainoastaan Portugalissa (Asetus (EY) N:o 1296/2008)

:

in Swedish

:

Nedsättning av tull: intyg endast gällande i Spanien (Förordning (EG) nr 1296/2008)

Nedsättning av tull: intyg endast gällande i Portugal (Förordning (EG) nr 1296/2008)


ANNEX IV

MODEL FOR NOTICE OF INVITATION TO TENDER

Invitation to tender for the purchase of … tonnes of … on the world market by the … intervention agency

(Article 16(2) of Commission Regulation (EC) No 1296/2008)

1.

Product to be mobilised: …

2.

Total quantity: …

3.

List of warehouses for a lot: …

4.

Characteristics of goods (quality required, minimum quality, price reductions): …

5.

Packaging (bulk): …

6.

Delivery period: …

7.

Deadline for submission of tenders: …


ANNEX V

Repealed Regulation with list of its successive amendments

Commission Regulation (EC) No 1839/95

(OJ L 177, 28.7.1995, p. 4)

 

Commission Regulation (EC) No 1963/95

(OJ L 189, 10.8.1995, p. 22)

 

Commission Regulation (EC) No 2235/2000

(OJ L 256, 10.10.2000, p. 13)

Only Article 1

Commission Regulation (EC) No 777/2004

(OJ L 123, 27.4.2004, p. 50)

Only Article 4

Commission Regulation (EC) No 1558/2005

(OJ L 249, 24.9.2005, p. 6)

 

Commission Regulation (EC) No 1996/2006

(OJ L 398, 30.12.2006, p. 1)

Only Article 6 and Annex V

Commission Regulation (EC) No 583/2007

(OJ L 138, 30.5.2007, p. 7)

 


ANNEX VI

Correlation Table

Regulation (EC) No 1839/95

This Regulation

Article 1(1) and (2)

Article 1(1) and (2)

Article 1(2a)

Article 1(3) and (4)

Article 1(3) and (4)

Article 2(1)

Article 2(1)

Article 2(2), first paragraph, introductory phrase and point (a), introductory phrase

Article 2(2), first paragraph, introductory phrase

Article 2(2), first paragraph, point (a)(i)

Article 2(2), first paragraph, point (a)

Article 2(2), first paragraph, point (a)(ii)

Article 2(2), first paragraph, point (b)

Article 2(2), first paragraph, point (b)

Article 2(2), second paragraph

Article 2(2), second paragraph

Article 2(3)

Article 2(3)

Article 2a

Article 3

Article 3

Article 4

Article 4

Article 5

Article 5(1)

Article 6(1)

Article 5(1a)

Article 6(2)

Article 5(2)

Article 6(3)

Article 5(3) first, second and third subparagraphs

Article 6(4) first, second and third subparagraphs

Article 5(3), fourth subparagraph

Article 5(4)

Article 6(5)

Article 6(1)

Article 7(1)

Article 6(2), introductory phrase

Article 7(2), introductory phrase

Article 6(2), first indent

Article 7(2)(a)

Article 6(2), second indent

Article 7(2)(b)

Article 6(2), third indent

Article 7(2)(c)

Article 6(2), fourth indent

Article 7(2)(d)

Article 6(2), fifth indent

Article 7(2)(e)

Article 6(3) to (7)

Article 7(3) to (7)

Article 7(1), first subparagraph, introductory phrase

Article 8(1), first subparagraph, introductory phrase

Article 7(1), first subparagraph, first indent

Article 8(1), first subparagraph, point (a)

Article 7(1), first subparagraph, second indent

Article 8(1), first subparagraph, point (b)

Article 7(1), second subparagraph

Article 8(1), second subparagraph

Article 7(2)

Article 8(2)

Article 8

Article 9

Article 9(1) to (4)

Article 10(1) to (4)

Article 9(5), introductory phrase

Article 10(5), introductory phrase

Article 9(5), first indent

Article 10(5)(a)

Article 9(5), second indent

Article 10(5)(b)

Article 9(6)

Article 10(6)

Article 10

Article 11

Article 11(1), introductory phrase

Article 12(1), introductory phrase

Article 11(1), first indent

Article 12(1)(a)

Article 11(1), second indent

Article 12(1)(b)

Article 11(2) and (3)

Article 12(2) and (3)

Article 12(1) and (2)

Article 13(1) and (2)

Article 12(3), first subparagraph, introductory phrase

Article 13(3), first subparagraph, introductory phrase

Article 12(3), first subparagraph, first indent

Article 13(3), first subparagraph, point (a)

Article 12(3), first subparagraph, second indent

Article 13(3), first subparagraph, point (b)

Article 12(3), first subparagraph, third indent

Article 13(3), first subparagraph, point (c)

Article 12(3), first subparagraph, fourth indent

Article 13(3), first subparagraph, point (d)

Article 12(3), second and third subparagraphs

Article 13(3), second and third subparagraphs

Article 12(4)

Article 13(4)

Article 13

Article 14

Article 14

Article 15

Article 15

Article 16

Article 16(1)

Article 17(1)

Article 16(2), introductory phrase

Article 17(2), introductory phrase

Article 16(2), first indent

Article 17(2)(a)

Article 16(2), second indent

Article 17(2)(b)

Article 16(2), third indent

Article 17(2)(c)

Article 16(2), fourth indent

Article 17(2)(d)

Article 16(2), fifth indent

Article 17(2)(e)

Article 16(2), sixth indent

Article 17(2)(f)

Article 16(3), (4) and (5)

Article 17(3), (4) and (5)

Article 17

Article 18

Article 18

Article 19

Article 19

Article 20

Article 20

Article 21

Article 21

Article 22

Article 22

Article 23

Annex I

Annex II

Annex I a

Annex III

Annex II

Annex IV

Annex III

Annex I

Annex V

Annex VI


DIRECTIVES

19.12.2008   

EN

Official Journal of the European Union

L 340/71


COMMISSION DIRECTIVE 2008/123/EC

of 18 December 2008

amending Council Directive 76/768/EEC, concerning cosmetic products, for the purpose of adapting Annexes II and VII thereto to technical progress

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), and in particular Article 8(2) thereof,

After consulting the Scientific Committee on Consumer Products,

Whereas:

(1)

The Scientific Committee on Consumer Products (SCCP) concluded in its opinion of 20 June 2006 that ‘Although 4-aminobenzoic acid (PABA) is presently permitted and used as a sunscreen, it became apparent in the process of evaluation of the dossier that much of the information did not conform to current standards and guidelines’. In order to carry out a proper risk assessment of 4-aminobenzoic acid the SCCP required a new dossier with additional safety data conform to modern standards and SCCP guidelines to be submitted by the cosmetics industry before 1 July 2007.

(2)

The cosmetics industry did not submit any additional safety data as requested by the SCCP in its opinion of 20 June 2006.

(3)

Without a proper risk assessment 4-aminobenzoic acid can not be considered safe for use as a UV-filter in cosmetics and should therefore be deleted from Annex VII and listed in Annex II to Directive 76/768/EEC.

(4)

Regarding Diethylamino Hydroxybenzoyl Hexyl Benzoate (INCI), the SCCP concluded in its opinion of 15 April 2008 that the use of this substance at a maximum concentration of 10 % in cosmetic products, including sunscreen products, does not pose a risk to the consumer. In order to extend the scope of the allowed use of this substance column ‘c’ of entry 28 should be amended in Annex VII to Directive 76/768/EEC.

(5)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Cosmetic Products,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annexes II and VII to Directive 76/768/EEC are amended in accordance with the Annex to this Directive.

Article 2

1.   Member States shall adopt and publish, by 8 July 2009 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.

They shall apply the provisions set out in point 3 of the Annex to this Directive from 8 July 2009.

They shall apply the provisions set out in points 1 and 2 of the Annex to this Directive from 8 October 2009.

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.

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 this Directive.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 18 December 2008.

For the Commission

Günter VERHEUGEN

Vice-President


(1)  OJ L 262, 27.9.1976, p. 169.


ANNEX

Directive 76/768/EEC is amended as follows:

1.

In Annex II, entry 167 ‘Esters of 4-aminobenzoic acid, with the free amino group, with the exception of that given in Annex VII, Part 2’ is replaced by ‘4-aminobenzoic acid and its esters, with the free amino group’.

2.

In Annex VII, entry 1 is deleted.

3.

In Annex VII, in entry 28 the words ‘in sunscreen products’ are deleted from column ‘c’.


19.12.2008   

EN

Official Journal of the European Union

L 340/73


COMMISSION DIRECTIVE 2008/124/EC

of 18 December 2008

limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as ‘basic seed’ or ‘certified seed’

(Codified version)

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), and in particular Article 3(3) thereof,

Having regard to Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (2), and in particular Article 3(3) thereof,

Whereas:

(1)

Commission Directive 86/109/EEC of 27 February 1986 limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as ‘basic seed’ or ‘certified seed’ (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified, together with Commission Directive 75/502/EEC of 25 July 1975 limiting the marketing of seed of smooth-stalk meadow grass (Poa pratensis L.) to seed which has been officially certified as ‘basic seed’ or ‘certified seed’ (5), by assembling them in a single text.

(2)

Directive 66/401/EEC allows the marketing of basic seed, certified seed and commercial seed of certain species of fodder plants.

(3)

Directive 2002/57/EC allows the marketing of basic seed, certified seed of all kinds and commercial seed of certain species of oil and fibre plants.

(4)

Both Directives authorise the Commission to prohibit the marketing of seed unless it has been officially certified as ‘basic seed’ or ‘certified seed’.

(5)

Member States are in a position to produce sufficient basic seed and certified seed to satisfy within the Community the demand for seed of some of the species referred to above with seed of those categories.

(6)

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.

(7)

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

HAS ADOPTED THIS DIRECTIVE:

Article 1

1.   Member States shall provide that it shall not be permitted to place on the market seed of:

Poa pratensis L.

smooth-stalk meadowgrass

Vicia faba L. (partim)

field bean

Papaver somniferum L.

opium poppy

Agrostis gigantea Roth

redtop

Agrostis stolonifera L.

creeping bent grass

Phleum bertolonii DC

timothy

Poa palustris L.

swamp meadowgrass

Poa trivialis L.

rough-stalked meadowgrass

Lupinus albus L.

white lupin

Brassica juncea (L.) Czernj. et Cosson

brown mustard

Agrostis capillaris L.

brown top

Lotus corniculatus L.

birdsfoot trefoil

Medicago lupulina L.

black medick

Trifolium hybridum L.

alsike clover

Alopecurus pratensis L.

meadow foxtail

Arrhenatherum elatius (L.) Beauv. ex J. S. et K. B. Presl

tall oatgrass

Bromus catharticus Vahl

rescu grass

Bromus sitchensis Trin.

Alaska brome-grass

Lupinus luteus L.

yellow lupin

Lupinus angustifolius L.

blue lupin

Poa nemoralis L.

wood meadowgrass

Trisetum flavescens (L.) Beauv.

golden oatgrass

Phacelia tanacetifolia Benth.

California bluebell

Sinapis alba L.

white mustard

Agrostis canina L.

velvet bent

Festuca ovina L.

sheep’s fescue

Trifolium alexandrinum L.

Egyptian clover

Trifolium incarnatum L.

crimson clover

Trifolium resupinatum L.

Persian clover

Vicia sativa L.

common vetch

Vicia villosa Roth

hairy vetch

unless it has been officially certified as ‘basic seed’ or ‘certified seed’.

2.   Member States shall provide that it shall not be permitted to place on the market seed of:

Glycine max (L.) Merr.

soya bean

Linum usitatissimum L.

linseed

unless it has been officially certified as ‘basic seed’, ‘certified seed, first generation’ or ‘certified seed, second generation’.

Article 2

Directive 75/502/EEC and Directive 86/109/EEC, as amended by the Directives listed in Annex I, Part A, are repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex I, Part B.

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

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 18 December 2008.

For the Commission

The President

José Manuel BARROSO


(1)  OJ 125, 11.7.1966, p. 2298/66.

(2)  OJ L 193, 20.7.2002, p. 74.

(3)  OJ L 93, 8.4.1986, p. 21.

(4)  See Annex I, Part A.

(5)  OJ L 228, 29.8.1975, p. 26.


ANNEX I

PART A

Repealed Directives with list of the successive amendments

(referred to in Article 2)

Commission Directive 75/502/EEC

(OJ L 228, 29.8.1975, p. 26)

Commission Directive 86/109/EEC

(OJ L 93, 8.4.1986, p. 21)

Commission Directive 89/424/EEC

(OJ L 196, 12.7.1989, p. 50)

Commission Directive 91/376/EEC

(OJ L 203, 26.7.1991, p. 108)

PART B

List of time limits for transposition into national law

(referred to in Article 2)

Directive

Time limit for transposition

75/502/EEC

1 July 1976

86/109/EEC

1 July 1987 (Article 1)

1 July 1989 (Article 2)

1 July 1990 (Article 2a)

1 July 1991 (Articles 3 and 3a)

89/424/EEC

1 July 1990

91/376/EEC

1 July 1991


ANNEX II

Correlation table

Directive 75/502/EEC

Directive 86/109/EEC

This Directive

Article 1

Article 1(1)

Article 1(1)

 

Article 1(2)

Article 1(2)

 

Article 2

Article 1(1)

 

Article 2a

Article 1(1)

 

Article 3

Article 1(1)

 

Article 3a(1)

Article 1(1)

 

Article 3a(2) to (6)

Article 2

Article 4

Article 2

Article 3

Article 3

Article 5

Article 4

Annex I

Annex II


DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL

19.12.2008   

EN

Official Journal of the European Union

L 340/76


DECISION No 1297/2008/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 December 2008

on a Programme for the Modernisation of European Enterprise and Trade Statistics (MEETS)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 285 thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),

Whereas:

(1)

The Commission made a commitment in its Communications of 16 March 2005 on Better Regulation for Growth and Jobs in the European Union and of 24 January 2007 on an Action Programme for Reducing Administrative Burdens in the European Union to ensure a better policy on regulation and to cut unnecessary red tape and over-regulation.

(2)

On 14 November 2006, the Commission published a Communication on reduction of the response burden, simplification and priority-setting in the field of Community statistics, which sets out a strategic approach to continuing the reduction of the statistical burden on enterprises.

(3)

During the last 15 years, a large number of statistical regulations aiming to describe activities of enterprises and containing data provision obligations for enterprises have emerged to meet the statistical information needs of the Community. An overhaul is needed to ensure, inter alia, the consistency of the scope of, and the concepts and definitions in, those statistical regulations. Insofar as possible, simplification and priority-setting should be a feature of all those regulations.

(4)

Enterprise and trade statistics are faced with a major challenge in the coming years. To underpin Community policy initiatives, they have to be capable of reflecting phenomena in the changing Community economy such as globalisation, emerging trends in entrepreneurship, the information society, trade in services, innovation, shifting trade patterns, and competitiveness in the light of the renewed Lisbon strategy.

(5)

A key element driving the need for enterprise and trade statistics is the renewed Lisbon strategy, the objectives of which are to foster the competitiveness of the European economy and achieve high and sustainable growth.

(6)

The deepening of European integration in a number of economic areas, including the European Monetary Union and the European customs system, creates new statistical needs related to the role of the euro in international transactions and leads to the necessity of adjusting the statistical system. Enterprise and trade statistics should meet those needs appropriately and provide, in a timely manner, high-quality statistical information on the structural changes in the European economy and its business sector.

(7)

Enterprise and trade statistics comprise several areas to which improvements should be made, such as structural business statistics, short-term statistics, Prodcom statistics, statistics on information and communication technology, and statistics on trade in goods between Member States (Intrastat).

(8)

The authorities responsible for enterprise and trade statistics should re-engineer the methods for the production of statistics so that the burden on enterprises can be reduced and all available sources and new technologies can be used in a fully effective way.

(9)

The need for new types of indicators may arise as a result of efforts to modernise the statistical production system. New types of indicators providing the information required could be obtained by linking together existing types of business statistics without the need to increase the reporting burden on enterprises. New sources and electronic access are likely to make data collection less burdensome and, at the same time, provide more information. The potential of business statistics should be exploited in a more efficient way and the quality of statistical information should increase.

(10)

National statistical institutes should be closely involved in the modernisation of the statistical production system in order to avoid cost duplication and red tape.

(11)

The simplification of the Intrastat system is part of the efforts to reduce statistical requirements and minimise the burden on enterprises. The recent decision to reduce the coverage ratio will contribute to that goal in the short term. In the longer term, other means of simplification should be investigated, including the single-flow system. The possible implementation of those means of simplification in the long term depends on feasibility studies and other actions to be carried out in accordance with this Decision. The quality of the statistics as well as the significant costs involved in any transition should, however, be taken into account.

(12)

An ex-ante evaluation has been performed in accordance with the principle of sound financial management, in order to focus the programme established by this Decision on the need for effectiveness in achieving the objectives and in order to incorporate budgetary constraints from the design phase of the programme onwards.

(13)

This Decision establishes, for the entire duration of the programme, a financial envelope which constitutes the prime reference, within the meaning of point 37 of the Inter-institutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (2), for the budgetary authority during the annual budgetary procedure.

(14)

Since the objective of this Decision, namely to establish a programme for the modernisation of European enterprise and trade statistics, cannot be sufficiently achieved by the Member States because uncoordinated modernisation would lead to duplication of efforts, repetition of mistakes and higher costs, and can therefore, by reason of the scale of the statistics involved, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective.

(15)

The Statistical Programme Committee, established by Council Decision 89/382/EEC, Euratom (3), has been consulted in accordance with Article 3 of that Decision.

(16)

Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics (4) provides a reference framework for the provisions of this Decision.

(17)

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

HAVE DECIDED AS FOLLOWS:

Article 1

Establishment of the Programme

1.   This Decision establishes a programme for the modernisation of European enterprise and trade statistics (hereinafter referred to as the ‘MEETS Programme’).

2.   The MEETS Programme shall start on 1 January 2009 and shall end on 31 December 2013.

Article 2

Scope and general objectives

1.   The measures provided for by the MEETS Programme relate to the production and dissemination of enterprise and trade statistics within the Community.

2.   The general objectives of the MEETS Programme are as follows:

(a)

to review priorities and develop target sets of indicators for new areas (objective 1);

(b)

to achieve a streamlined framework for business-related statistics (objective 2);

(c)

to support the implementation of a more efficient way of producing enterprise and trade statistics (objective 3); and

(d)

to modernise the data collection system on trade in goods between Member States (hereinafter referred to as Intrastat) (objective 4).

Article 3

Actions

To achieve the objectives referred to in Article 2(2), a set of actions shall be implemented, as follows:

(a)

to review priorities and develop target sets of indicators for new areas (objective 1):

Action 1.1: identifying areas of lesser importance;

Action 1.2: developing new areas;

(b)

to achieve a streamlined framework for business-related statistics (objective 2):

Action 2.1: integrating concepts and methods within the legal framework;

Action 2.2: developing statistics on enterprise groups;

Action 2.3: conducting Community surveys to minimise the burden on enterprises;

(c)

to support the implementation of a more efficient way of producing enterprise and trade statistics (objective 3):

Action 3.1: making better use of data that already exist in the statistical system including the possibility of estimates;

Action 3.2: making better use of data that already exist in the economy;

Action 3.3: developing tools for the more efficient extraction, transmission and treatment of data;

(d)

to modernise Intrastat (objective 4):

Action 4.1: harmonising methods to improve quality under a simplified Intrastat;

Action 4.2: making better use of administrative data;

Action 4.3: improving and facilitating data exchange within Intrastat.

The actions referred to in this Article are specified in the Annex and shall be further detailed in the annual work programmes provided for in Article 4.

Article 4

Annual work programmes

Annual work programmes, with the priorities for the actions under each objective referred to in Article 2(2) and the budgetary allocations under this Decision, shall be adopted in accordance with the procedure referred to in Article 5(2).

Article 5

Committee

1.   The Commission shall be assisted by the Statistical Programme Committee.

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.

Article 6

Evaluation

1.   The Commission shall, in cooperation with the Member States, regularly evaluate the activities carried out under the MEETS Programme in order to assess whether the objectives referred to in Article 2(2) have been attained and to provide guidelines for improving the effectiveness of future actions.

2.   By 31 December 2010, and thereafter on an annual basis until 2013, the Commission shall submit to the European Parliament and the Council a report on the implementation of the MEETS Programme.

By 31 July 2014, the Commission shall submit to the European Parliament and the Council a final report on the implementation of the MEETS Programme. That report shall assess, in the light of the expenditure incurred by the Community, the benefits of the actions accruing to the Community, the Member States and providers and users of statistical information, to identify areas for potential improvement.

Article 7

Financing

1.   The financial envelope for the implementation of the MEETS Programme for the period 2009-2013 is set at EUR 42 500 000.

2.   The annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.

Article 8

Entry into force

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

Done at Strasbourg, 16 December 2008.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

B. LE MAIRE


(1)  Opinion of the European Parliament of 9 July 2008 (not yet published in the Official Journal) and Council Decision of 18 November 2008.

(2)  OJ C 139, 14.6.2006, p. 1.

(3)  OJ L 181, 28.6.1989, p. 47.

(4)  OJ L 52, 22.2.1997, p. 1.

(5)  OJ L 184, 17.7.1999, p. 23.


ANNEX

BREAKDOWN OF THE ACTIONS LISTED IN ARTICLE 3

Objective 1

:

To review priorities and develop target sets of indicators for new areas

Action 1.1: Identifying areas of lesser importance

In a changing world, statistical needs will be reviewed periodically, not only as new statistical needs emerge, but as other needs become less important and even obsolete. Regular reviews of priorities will therefore be conducted in close cooperation with Member States in order to identify areas and characteristics which have lost priority and consequently can be deleted from the legal requirements. Such reviews will aim to simplify statistical requirements and reduce the response burden. The Commission may arrange for external studies to be conducted in this regard.

Action 1.2: Developing new areas

In a changing economic environment, it is important to define priority areas for statistics, such as trade in services, globalisation and entrepreneurship, and to agree at Community level on a target set of indicators for each of the priority areas. Such indicators need to be harmonised with international statistics as far as possible.

The statistics have to be compiled in an efficient way and need to be comparable. European statistics will therefore be modernised in strict accordance with the principle of coherence and comparability of data for the periods concerned. Work will therefore be carried out within the European Statistical System to achieve harmonised definitions of newly identified characteristics and indicators.

After agreeing target sets of indicators and harmonised definitions thereof, further work will be needed in order to develop and test ways of producing statistics in the priority areas.

In order to contribute to the development of new areas and the target sets of indicators, the Commission will launch studies, organise seminars and provide financial support to develop methods and ways to collect new statistics.

Objective 2

:

To achieve a streamlined framework for business-related statistics

Action 2.1: Integrating concepts and methods within the legal framework

European statistics are compiled in accordance with Community legislation, which has developed over the years. An overhaul of that legislation is needed in order to ensure consistency. The Commission may therefore arrange for external studies to be conducted, aimed at reviewing the existing legal acts in order to provide a harmonised legal framework for the different areas of enterprise and trade statistics.

There are cross-cutting issues in statistics. For example, several statistical areas report on employment and may describe the same phenomenon from different perspectives. The Commission will therefore arrange for external studies to be conducted aimed at achieving harmonisation of the methodologies used across the relevant statistical areas. Financial support will be provided for Member States' projects in this regard.

It is important to guarantee consistency between areas of enterprise and trade statistics. Consistency may refer to the relationship between trade in goods statistics and balance of payments statistics, but also to that between structural business statistics and trade statistics. The Commission will arrange for external studies to be conducted and financial support will be provided for Member States' projects in this regard.

Action 2.2: Developing statistics on enterprise groups

The Commission has launched an initiative to establish a Community register of multinational enterprise groups. Such a register is a crucial basis for the production of harmonised statistics relating to the globalisation of the economy. The activities under this action will focus on completion of the register. The Commission will arrange for external studies to be conducted in this regard.

Creating such a register is not sufficient, so financial support will be provided to support actions in the Member States to develop more efficient data collection methods for enterprise groups and illustrate their importance for international trade.

As regards exploiting the Community register of multinational enterprise groups, European statistics will have to take a new perspective, so it will become important to set up specific Community surveys on enterprise groups. The Commission will arrange for external studies to be conducted and financial support will be provided for Member States' projects in this regard.

Action 2.3: Conducting Community surveys to minimise the burden on enterprises

To highlight new and emerging needs of Community statistics, specific Community surveys may be conducted on an ad-hoc basis. Such surveys will be set up by means of external studies, arranged by the Commission, and financial support to Member States.

In order to exploit the potential savings of Community sampling schemes in regular statistics, the Commission will arrange for external studies to be conducted to identify areas where Community aggregates would be sufficient and to develop new methods for data collection in those areas. Financial support will also be provided to enable Member States to adjust their data collection systems. There is no standard Community sampling scheme, however, and therefore sampling schemes will be adapted to the circumstances.

Objective 3

:

To support the implementation of a more efficient way of producing enterprise and trade statistics

Action 3.1: Making better use of data that already exist in the statistical system, including the possibility of estimates

The ultimate aim of this action is to create fully integrated data sets for enterprise and trade statistics at micro level: a ‘data warehouse’ approach to statistics. To achieve that aim, Member States will be financially supported in order to link data or micro-data sets from different areas of enterprise and trade statistics, such as trade and business registers, and to link structural business statistics to research and development statistics and information society statistics.

Methodological studies will be carried out on new work processes to improve the use made of ongoing data collections, e.g. with a view to assessing the impact of information and communication technology (ICT) on business outcome by linking data from different sources.

The more efficient way of data collection aims at reducing the burden on enterprises. It must be ensured that statistical offices make the most efficient use of collected information. Financial support will therefore be provided for methodological studies to be conducted for the optimal allocation of sample sizes and their combined use with other sources and related estimation methods. Such financial support may also be provided for quality studies in cases where some enterprises (e.g. small and medium-sized enterprises) are excluded from statistical surveys, and for the development of appropriate, harmonised estimation methods.

Action 3.2: Making better use of data that already exist in the economy

Statistical information is sometimes collected twice: first for administrative purposes, such as taxes, and then for statistical purposes, in surveys. Such a double burden will be avoided to the largest extent possible. The MEETS programme will therefore provide financial support to projects on the use of administrative data for statistical purposes, including company accounts, by helping Member States to change over from statistical surveys to the use of administrative data while ensuring high data quality.

Within enterprises it makes sense to promote the integration of accounting systems and statistical reporting, so that data can be delivered for statistics in a simplified manner. The Commission will arrange for external studies to be conducted and financial support will be provided to Members States' projects in this regard.

Action 3.3: Developing tools for the more efficient extraction, transmission and treatment of data

New ICT offers opportunities for simplified reporting. This may be achieved by using company accounts and other financial reports drawn up according to international accounting standards, and appropriate technical standards for such reports, including eXtensible Business Reporting Language (XBRL). Measures will be taken to give financial support for actions that facilitate data transfer from enterprises to the national statistical authorities.

A more efficient use of ICT tools will be supported to facilitate the exchange of information between the Commission and Member States. In addition there needs to be further development of tools for validation, error detection, correction, analysis and editorial work. Financial support will be provided for Member States' projects in this regard.

Taking into consideration the ongoing developments in the simplification of customs formalities on export and import, financial support will be provided for actions aimed at facilitating the exchange, processing and dissemination of high-quality and detailed trade statistics.

Objective 4

:

To modernise Intrastat

Action 4.1: Harmonising methods to improve quality under a simplified Intrastat

Financial support will be provided for actions in Member States aimed at developing tools and methods for improving data quality and the data collection system.

Financial support will be provided for actions in Member States that are aimed at reducing asymmetries by avoiding misclassifications and harmonising the estimation and collection and processing systems, the rules for the handling of confidential data, the thresholds and the methods for adjustment.

Action 4.2: Making better use of administrative data

The re-use of administrative data being reported by enterprises for other purposes (in particular Value Added Tax reports and accounting) will be encouraged. Financial support will be provided for actions in this regard, including for the development of ICT tools and procedures.

Action 4.3: Improving and facilitating data exchange within Intrastat

The further development of tools and methods for data exchange within a centralised system is vital. Tools for validation, error detection, correction, analysis and editorial work in the field of intra-Community trade statistics need to be developed. Financial support will be provided for actions that focus on the legal and technical aspects of data exchange between Member States.


19.12.2008   

EN

Official Journal of the European Union

L 340/83


DECISION No 1298/2008/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 December 2008

establishing the Erasmus Mundus 2009-2013 action programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 149(4) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1)

Decision No 2317/2003/EC of the European Parliament and of the Council (3) established a programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-2008).

(2)

Council Regulation (EC) No 1085/2006 (4) established an Instrument for Pre-Accession Assistance (IPA), Regulation (EC) No 1638/2006 of the European Parliament and of the Council (5) established a European Neighbourhood and Partnership Instrument, Regulation (EC) No 1905/2006 of the European Parliament and of the Council (6) established a financing instrument for development cooperation, Council Regulation (EC) No 1934/2006 (7) established a financing instrument for cooperation with industrialised and other high-income countries and territories and the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States and the European Community and its Member States, signed in Cotonou on 23 June 2000 (8) (the ACP-EC Partnership Agreement) and the Internal Agreement establishing the financing of Community aid under the multiannual financial framework for the period 2008 to 2013 in accordance with the ACP-EC Partnership Agreement and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (9) (Internal ACP-EC Agreement), govern the European Development Fund.

(3)

The new Erasmus Mundus programme is consistent with the objectives of excellence set out in the programme for 2004 to 2008. It helps attract the best students from third countries due to the quality of the studies on offer, the quality of the reception arrangements and a scholarship scheme that can compete with any in the world.

(4)

During the course of negotiating the external assistance instruments and the Interinstitutional Agreement on budgetary discipline and sound financial management (10), the European Parliament, the Council and the Commission reached a number of understandings on democratic scrutiny and coherence of external action, which are set out in Declaration 4 to the Interinstitutional Agreement.

(5)

The Bologna Declaration, signed by the Ministers for Education of 29 European countries on 19 June 1999, established an intergovernmental process aimed at creating a ‘European Higher Education Area’ by 2010, a process which is actively supported at Community level. At their meeting in London on 17 and 18 May 2007, the 45 Ministers of Higher Education of the countries participating in the Bologna process adopted the strategy ‘The European Higher Education Area in a Global Setting’ and, in this context, identified as priorities for 2009 improved information about the European Higher Education Area and improved recognition of higher education qualifications with other parts of the world.

(6)

The extraordinary European Council meeting in Lisbon on 23 and 24 March 2000 set a strategic goal for the European Union to become the most competitive and dynamic knowledge-based economy in the world and invited the Education, Youth and Culture Council to undertake a general reflection on the concrete future objectives of education systems, focusing on common concerns and priorities while respecting national diversity. On 12 February 2001, the Council adopted a report on the concrete future objectives of education and training systems. On 14 June 2002, it subsequently adopted a detailed work programme on the follow-up of those objectives, requiring support at Community level. The European Council meeting in Barcelona on 15 and 16 March 2002 set the objective of making the European Union's education and training systems a world quality reference by 2010.

(7)

The Commission Communications of 20 April 2005 and 10 May 2006 entitled ‘Mobilising the Brainpower of Europe: enabling universities to make their full contribution to the Lisbon Strategy’ and ‘Delivering on the Modernisation Agenda for Universities: education, research and innovation’, the Council Resolution of 23 November 2007 on modernising universities for Europe's competitiveness in a global knowledge economy and Regulation (EC) No 294/2008 of the European Parliament and of the Council of 11 March 2008 establishing the European Institute of Innovation and Technology (11) underline the need for European higher education institutions to overcome their fragmentation and join forces in a quest for increased quality in teaching and research as well as for a better response to the changing needs of the labour market. The European Council meeting in Brussels on 15 and 16 June 2006 endorsed the need to modernise European higher education.

(8)

The interim evaluation report of the existing Erasmus Mundus programme and the open public consultation on the future of the programme underlined the relevance of the objectives and actions of the current programme and expressed a wish for continuity, with certain adaptations such as extending the programme to the doctoral level, integrating higher education institutions located in third countries and the needs of those countries more strongly and providing more funds to European participants.

(9)

Enhancing the quality of European higher education, promoting understanding between peoples as well as contributing to the sustainable development of higher education in third countries whilst avoiding the brain-drain and favouring vulnerable groups are the objectives of a higher education cooperation programme aimed at third countries. The most effective means of achieving those aims in a programme of excellence are highly integrated study programmes at postgraduate level and, as regards Erasmus Mundus Partnerships (Action 2), partnerships with third countries at all levels of study, scholarships for the most talented students and projects to enhance the worldwide attractiveness of European higher education. More precisely, the objectives of excellence should be pursued through Erasmus Mundus Joint Programmes (Action 1) and Action 2, while the development objectives should be covered exclusively by Action 2. In its evaluation of the programme, the Commission should pay particular attention to its potential brain-drain effects.

(10)

In order to ensure that the beneficiaries of the programme enjoy a high quality welcome and stay, the Member States should endeavour to make their visa processes as straightforward as possible. The Commission should ensure that all the relevant websites of, and contact details in, the Member States are listed on the Erasmus Mundus website.

(11)

There is a need to step up the fight against exclusion in all its forms, including racism, xenophobia and all forms of discrimination, and to step up Community efforts to promote dialogue and understanding between cultures world-wide. Given the social dimension of higher education as well as the ideals of democracy and respect for human rights, including questions of equality between men and women, that it encourages, mobility in this area allows individuals to experience new cultural and social environments and facilitates their understanding of other cultures. The pursuit of those objectives respects the rights and observes the principles reflected in the Charter of Fundamental Rights of the European Union (12), in particular Article 21(1) thereof.

(12)

Promoting the teaching and learning of languages and linguistic diversity should be a priority of Community action in the field of higher education. The teaching and learning of languages are of special relevance in relation to third countries and to the European students who go to those countries.

(13)

In the period 2004 to 2008, country-specific scholarships funded through the Commission's external cooperation instruments complemented the Erasmus Mundus scholarships in order to extend the number of beneficiary students coming from specific third countries, such as China, India, the Western Balkan countries or the ACP countries, to study in Europe. Similar opportunities could be envisaged for the period 2009 to 2013 in accordance with the political priorities, rules and procedures of the relevant external cooperation instruments and in line with the programme's objectives of academic excellence established by this Decision and taking into account a geographical representation of beneficiaries that is as balanced as possible.

(14)

In all its activities, the Community must aim to eliminate inequalities, and promote equality, between men and women, as provided for in Article 3(2) of the Treaty.

(15)

There is a need to widen access for those from disadvantaged groups and to address actively the special learning needs of people with disabilities in the implementation of all parts of the programme, including through the use of higher grants to reflect the additional costs of disabled participants.

(16)

In accordance with Article 149 of the Treaty, this Decision does not prejudice the national legal frameworks and procedures relating, in particular, to the setting up and recognition of higher education institutions.

(17)

In order to give the programme more publicity within the European Union and beyond its borders, to achieve its objectives to a greater extent and disseminate the results of the programme, there is a need for an integrated public information policy to provide citizens with timely and complete information on each of the actions and opportunities offered by the programme, as well as clarification of the procedures to be followed. The information policy, which should primarily be conveyed through the participating higher education institutions, is of particular importance, principally in countries with low levels of participation in the programme.

(18)

Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (13) and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (14) which safeguard the Community's financial interests, should be applied taking into account the principles of simplicity and consistency in the choice of budgetary instruments in line with the programme's objectives of academic excellence and the required proportionality between the amount of resources and the administrative burden related to their use.

(19)

This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (15), for the budgetary authority during the annual budgetary procedure.

(20)

In line with the programme's objectives of academic excellence, the measures necessary for the implementation of Action 1 and the promotion of European higher education (Action 3) should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (16). The measures necessary for the implementation of Action 2 should be adopted in accordance with Regulation (EC) No 1085/2006, Regulation (EC) No 1638/2006, Regulation (EC) No 1905/2006, Regulation (EC) No 1934/2006, the ACP-EC Partnership Agreement and the Internal ACP-EC Agreement.

(21)

Since the objectives of this Decision cannot be sufficiently achieved by the Member States because of the need for multilateral partnerships, multilateral mobility and exchanges of information between the Community and third countries, and can therefore, by reason of the nature of the actions and measures necessary, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives,

HAVE DECIDED AS FOLLOWS:

Article 1

Establishment of the programme

1.   This Decision establishes the Erasmus Mundus programme (hereinafter ‘the programme’) for the promotion of quality in European higher education and intercultural understanding through cooperation with third countries on the one hand and for the development of third countries in the field of higher education on the other. The programme should be implemented in line with objectives of academic excellence while taking into account a geographical representation of beneficiaries that is as balanced as possible.

2.   The programme shall be implemented over a period starting on 1 January 2009 and ending on 31 December 2013. However, preparatory measures, including decisions by the Commission in accordance with Article 7, may be implemented as from the entry into force of this Decision.

3.   The programme shall support and supplement action taken by and in the Member States while fully respecting their responsibility for the content of education and the organisation of education and training systems, and their cultural and linguistic diversity.

Article 2

Definitions

For the purpose of this Decision:

1.

‘higher education’ means all types of courses of study, or sets of courses of study, training or training for research at the post-secondary level which are recognised by the relevant national authority as belonging to the higher education system;

2.

‘higher education institution’ means any institution providing higher education and recognised by the relevant national authority as belonging to the higher education system;

3.

‘student in first cycle’ means a person enrolled in a first cycle programme of higher education who will obtain after completion of the programme a first higher education degree;

4.

‘masters student’ (student in second cycle) means a person enrolled in a second cycle programme of higher education who has already obtained a first higher education degree or has an equivalent level of learning recognised in accordance with national law and practices;

5.

‘doctoral candidate’ (candidate in third cycle) means an early-stage researcher at the beginning of his/her research career, starting at the date of obtaining the degree which would formally entitle him/her to embark on a doctorate;

6.

‘post-doctoral researcher’ means an experienced researcher who is in possession of a doctorate or who has at least three years of full-time equivalent research experience, including the period of research training at a research centre established in accordance with national law and practice, after obtaining the degree which formally entitled him/her to embark on a doctorate offered by a higher education institution;

7.

‘academic’ means a person with outstanding academic and/or professional experience who lectures or conducts research in a higher education institution or a research centre established in accordance with national law and practice;

8.

‘higher education staff’ means persons who, through their duties, are involved directly in the educational process related to higher education;

9.

‘European country’ means a country which is a Member State or which participates in the programme according to Article 9. ‘European’ referring to an individual means a person who is a national or a resident of any European country. ‘European’ referring to an institution means an institution which is located in any European country;

10.

‘third country’ means a country which is not a European country. ‘Third-country’ referring to an individual means a person who is neither a national nor a resident of any European country. ‘Third-country’ referring to an institution means an institution which is not located in any European country. The countries participating in the action programme in the field of lifelong learning established by Decision No 1720/2006/EC of the European Parliament and of the Council (17) are not considered to be third countries for the purpose of implementing Action 2;

11.

‘masters programme’ (second cycle) means a second cycle programme of higher education that follows a first degree or an equivalent level of learning leading to masters level offered by a higher education institution;

12.

‘doctoral programme’ (third cycle) means a research-related programme of higher education study that follows a higher education degree and leads to a doctoral degree offered by a higher education institution or, in those Member States where this is in accordance with national law and practice, by a research centre;

13.

‘mobility’ means moving physically to another country, in order to undertake study, work experience, research, other learning or teaching or research activity or related administrative activity, supported wherever possible by preparatory training in the host language;

14.

‘double or multiple degree’ means two or more national diplomas issued by two or more higher education institutions and recognised officially in the countries where the degree-awarding institutions are located;

15.

‘joint degree’ means a single diploma issued by at least two of the higher education institutions offering an integrated programme and recognised officially in the countries where the degree-awarding institutions are located;

16.

‘enterprise’ means any undertaking engaged in economic activity in the public and private sector, whatever its size, legal status or the economic sector in which it operate, including the social economy.

Article 3

Aims and specific objectives of the programme

1.   The aims of the programme are to promote European higher education, to help improve and enhance the career prospects of students and to promote intercultural understanding through cooperation with third countries, in accordance with EU external policy objectives in order to contribute to the sustainable development of third countries in the field of higher education.

2.   The specific objectives of the programme are:

(a)

to promote structured cooperation between higher education institutions and to promote an offer of high quality in higher education with a distinct European added value, attractive both within the European Union and beyond its borders, with a view to creating centres of excellence;

(b)

to contribute to the mutual enrichment of societies by developing the qualifications of men and women so that they possess appropriate skills, particularly as regards the labour market, and are open-minded and internationally experienced, through promoting mobility both for the most talented students and academics from third countries to obtain qualifications and/or experience in the European Union and for the most talented European students and academics towards third countries;

(c)

to contribute towards the development of human resources and the international cooperation capacity of higher education institutions in third countries through increased mobility streams between the European Union and third countries;

(d)

to improve accessibility and enhance the profile and visibility of European higher education in the world as well as its attractiveness for third-country and European nationals.

3.   The Commission shall ensure that no group of third-country or European nationals is excluded or disadvantaged.

Article 4

Programme actions

1.   The aims and specific objectives of the programme as set out in Article 3 shall be pursued by means of the following actions:

(a)

Action 1: Erasmus Mundus joint programmes (masters and doctoral programmes) of outstanding academic quality, including a scholarship scheme;

(b)

Action 2: Erasmus Mundus partnerships between European and third-country higher education institutions as a basis for structured cooperation, exchange and mobility at all levels of higher education, including a scholarship scheme;

(c)

Action 3: promotion of European higher education through measures enhancing the attractiveness of Europe as an educational destination and a centre of excellence at world level.

Further details of these actions are set out in the Annex.

2.   As regards Action 2, the provisions of this Decision apply only in so far as they are in conformity with the provisions of the legislative act under which funding is provided in accordance with Article 12(2).

3.   The following types of approaches may be used, combined where appropriate:

(a)

support for the development of high-quality joint educational programmes and cooperation networks facilitating the exchange of experience and good practice;

(b)

enhanced support for mobility of people in the field of higher education selected on the basis of academic excellence, particularly from third countries to European countries, taking into account the principles of equality between men and women and the wish to have a geographic representation that is as balanced as possible, while facilitating access to the programme in accordance with the principles of equal opportunities and non-discrimination;

(c)

promotion of language skills to the greatest extent possible, providing students with the possibility of learning at least two of the languages spoken in the countries in which the higher education institutions are situated, and promotion of the understanding of different cultures;

(d)

support for pilot projects based on partnerships with an external dimension designed to develop innovation and quality in higher education, in particular for the possibility of encouraging partnerships between academic and economic actors;

(e)

support for the analysis and follow-up of trends in, and the evolution of, higher education in an international perspective.

4.   The programme provides for technical support measures including studies, meetings of experts as well as information and publications directly linked to the achievement of the objectives of the programme.

5.   The Commission shall ensure the widest possible dissemination of information on activities and developments in the programme, mainly through the Erasmus Mundus website.

6.   Support for the actions referred to in this Article may be granted by the Commission after examining the replies received to calls for proposals and/or tenders. With respect to the measures taken under paragraph 4, the Commission may, if necessary, implement these measures directly in accordance with Regulation (EC, Euratom) No 1605/2002. It shall systematically inform the European Parliament and the Committee referred to in Article 8(1) of this Decision.

Article 5

Access to the programme

Under the conditions and arrangements for implementation specified in the Annex and bearing in mind the definitions in Article 2, the programme is aimed at:

(a)

higher education institutions;

(b)

students in higher education, at all levels, including doctoral candidates;

(c)

post-doctoral researchers;

(d)

academics;

(e)

higher education staff;

(f)

other public or private bodies active in the field of higher education under national law and practice;

(g)

enterprises;

(h)

research centres.

Article 6

Tasks of the Commission and of the Member States

1.   The Commission shall:

(a)

ensure the effective and transparent implementation of the Community actions provided for by the programme in conformity with the Annex and, as regards Action 2, with the legal instruments referred to in Article 7(1) and in compliance with the programme's objectives of academic excellence in selecting the beneficiaries of the programme;

(b)

take account of bilateral cooperation with third countries undertaken by Member States;

(c)

seek synergies and, where appropriate, develop joint actions with other Community programmes and actions in the field of higher education and research;

(d)

ensure, when determining the flat-rate amounts for the scholarships, to take into consideration the level of tuition fees and the estimated expenditure for the studies;

(e)

consult the relevant European associations and organisations in the field of higher education about issues raised during the implementation of the programme and inform the Committee referred to in Article 8(1) of the results of such consultation;

(f)

keep its delegations in the third countries concerned regularly informed of all useful public information on the programme.

2.   The Member States shall:

(a)

take the necessary steps to ensure the efficient running of the programme at Member State level involving all the parties concerned in higher education in accordance with national practice, and endeavour to adopt such measures as may be deemed appropriate to remove any legal and administrative barrier linked specifically to exchange programmes between European countries and third countries. Member States should ensure that they provide accurate and clear information to students and institutions to facilitate their participation in the programme;

(b)

designate appropriate structures to cooperate closely with the Commission;

(c)

encourage potential synergies with other Community programmes and possible similar national initiatives taken at Member State level.

3.   The Commission, in cooperation with the Member States, shall ensure:

(a)

appropriate information, publicity and follow-up with regard to actions supported by the programme;

(b)

the dissemination of the results of the actions undertaken within the framework of the programme;

(c)

an intensification of the communication strategy aimed at potentially interested parties in European countries, and encouragement of partnerships between universities, the social partners and non-governmental organisations, with a view to developing the programme.

Article 7

Implementing measures

1.   All measures necessary for the implementation of Action 2 shall be governed by the procedures set out in Regulation (EC) No 1085/2006, Regulation (EC) No 1638/2006, Regulation (EC) No 1905/2006, Regulation (EC) No 1934/2006, the ACP-EC Partnership Agreement and the Internal ACP-EC Agreement. The Commission shall on a regular basis inform the Committee referred to in Article 8(1) of the measures taken.

2.   The following measures necessary for the implementation of the programme and of the other actions of this Decision shall be adopted in accordance with the management procedure referred to in Article 8(2) in accordance with the principles, general guidelines and selection criteria laid down in the Annex:

(a)

the annual plan of work, including priorities;

(b)

the annual budget, the breakdown of funds among the different actions of the programme, and indicative grant amounts;

(c)

the application of the general guidelines for implementing the programme, including the selection criteria as laid down in the Annex;

(d)

the selection procedures, including the composition and the internal rules of procedure of the selection board;

(e)

the arrangements for monitoring and evaluating the programme and for the dissemination and transfer of results.

3.   The selection decisions shall be taken by the Commission, which shall inform the European Parliament and the Committee referred to in Article 8(1) thereof within two working days.

Article 8

Committee procedure

1.   The Commission shall be assisted by a Committee.

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.

Article 9

Participation of other countries in the programme on the same footing as Member States

The programme shall be open to the participation of:

(a)

EFTA countries which are members of the EEA, in accordance with the conditions laid down in the EEA Agreement;

(b)

the candidate countries which have a pre-accession strategy, in accordance with the general principles and general terms and conditions laid down in the framework agreements concluded with these countries for their participation in Community programmes;

(c)

the countries of the Western Balkans, in accordance with the general principles and general terms and conditions laid down in the framework agreements concluded with these countries for their participation in Community programmes;

(d)

The Swiss Confederation, provided that a bilateral agreement foreseeing its participation is concluded with that country.

Article 10

Horizontal issues

In implementing the programme, due regard shall be paid to ensuring that it contributes fully to furthering the horizontal policies of the Community, in particular by:

(a)

enhancing the European knowledge-based economy and society and contributing to creating more jobs in line with the objectives of the Lisbon Strategy and strengthening the global competitiveness of the European Union, its sustainable economic growth and its greater social cohesion;

(b)

fostering culture, knowledge and skills for peaceful and sustainable development in a Europe of diversity;

(c)

promoting an awareness of the importance of cultural and linguistic diversity within Europe, as well as of the need to combat racism and xenophobia and promoting intercultural education;

(d)

making provision for students with special needs, and in particular by helping to promote their integration into mainstream higher education, and promoting equal opportunities for all;

(e)

promoting equality between men and women and contributing to combating all forms of discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation;

(f)

promoting the development of third countries.

Article 11

Consistency and complementarity with other policies

1.   The Commission shall, in cooperation with the Member States, ensure overall consistency and complementarity with other relevant Community policies, instruments and actions, in particular with the Lifelong Learning Programme, the Seventh Framework Programme for Research, development policy, external cooperation programmes, the ACP Association Agreements and the European Fund for the Integration of third-country nationals.

2.   The Commission shall keep the European Parliament and the Committee referred to in Article 8(1) regularly informed about Community initiatives taken in relevant fields and ensure efficient linkage and, where appropriate, joint actions between the programme and the programmes and actions in the area of higher education undertaken within the framework of the Community's cooperation with third countries, including bilateral agreements, and the competent international organisations.

Article 12

Funding

1.   The financial envelope for the implementation of Actions 1 and 3 and related technical support measures referred to in Article 4(4) for the 2009-2013 period is hereby set at EUR 493 690 000.

2.   The financial envelope for the implementation of Action 2 and related technical support measures referred to in Article 4(4) for the period specified in Article 1(2) is set in accordance with the rules, procedures and objectives laid down in Regulation (EC) No 1085/2006, Regulation (EC) No 1638/2006, Regulation (EC) No 1905/2006, Regulation (EC) No 1934/2006, the ACP-EC Partnership Agreement and the Internal ACP-EC Agreement.

3.   The annual appropriations shall be authorised in accordance with the annual budgetary procedure by the budgetary authority within the limits of the financial framework.

Article 13

Monitoring and evaluation

1.   The Commission shall regularly monitor the programme in cooperation with the Member States. The results of the process of monitoring and evaluation of the programme and of the previous programme shall be utilised when implementing the programme. Such monitoring shall include an analysis of the geographic distribution of programme beneficiaries by action and by country, the reports and communication referred to in paragraph 3 and specific activities.

2.   The programme shall be evaluated regularly by the Commission having regard to the objectives laid down in Article 3, the impact of the programme as a whole and the complementarity between actions under the programme and those pursued under other relevant Community policies, instruments and actions.

3.   The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:

(a)

an interim evaluation report on the results achieved and on the qualitative and quantitative aspects of the implementation of the programme by 31 March of the second year following the actual start of the new courses set up under the programme;

(b)

a communication on the continuation of the programme by 30 January 2012;

(c)

an ex post evaluation report by 31 December 2015.

Article 14

Transitional provisions

1.   Actions which are initiated on or before 31 December 2008 on the basis of Decision No 2317/2003/EC shall be administered in conformity with the provisions of that Decision, with the exception that the Committee established by that Decision shall be replaced by the Committee referred to in Article 8(1) of this Decision.

2.   Actions which are initiated on or before 31 December 2008 on the basis of the procedures laid down in the legal instruments mentioned in Article 7(1) shall be administered in conformity with the provisions of those instruments.

Article 15

Entry into force

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

Done at Strasbourg, 16 December 2008.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

B. LE MAIRE


(1)  OJ C 204, 9.8.2008, p. 85.

(2)  Opinion of the European Parliament of 21 October 2008 (not yet published in the Official Journal) and Decision of the Council of 16 December 2008.

(3)  OJ L 345, 31.12.2003, p. 1.

(4)  OJ L 210, 31.7.2006, p. 82.

(5)  OJ L 310, 9.11.2006, p. 1.

(6)  OJ L 378, 27.12.2006, p. 41.

(7)  OJ L 405, 30.12.2006, p. 41.

(8)  OJ L 317, 15.12.2000, p. 3.

(9)  OJ L 247, 9.9.2006, p. 32.

(10)  OJ C 139, 14.6.2006, p. 1.

(11)  OJ L 97, 9.4.2008, p. 1.

(12)  OJ C 303, 14.12.2007, p. 1.

(13)  OJ L 248, 16.9.2002, p. 1.

(14)  OJ L 357, 31.12.2002, p. 1.

(15)  OJ C 139, 14.6.2006, p. 1.

(16)  OJ L 184, 17.7.1999, p. 23.

(17)  OJ L 327, 24.11.2006, p. 45</