15.9.2007

EN

Official Journal of the European Union

L 242/1

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COMMISSION REGULATION (EC) No 1058/2007

of 14 September 2007

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 Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

(1)	Regulation (EC) No 3223/94 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 the Annex thereto.

(2)	In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 15 September 2007.

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(1)  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 756/2007 (OJ L 172, 30.6.2007, p. 41).

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15.9.2007

EN

Official Journal of the European Union

L 242/3

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COMMISSION REGULATION (EC) No 1059/2007

of 14 September 2007

opening a standing invitation to tender for the resale on the Community market of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1), and in particular Article 40(2)(d) thereof,

Whereas:

(1)

Article 39(1) of Commission Regulation (EC) No 952/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system (2) provides that the intervention agencies may sell sugar only after a decision to that effect has been adopted by the Commission.

(2)

Such a decision was taken by Commission Regulation (EC) No 1039/2006 of 7 July 2006 opening a standing invitation to tender for the resale on the Community market of sugar held by the intervention agencies of Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Poland, Slovenia, Slovakia and Sweden (3). Under that Regulation, tenders may be submitted for the last time between 13 and 26 September 2007.

(3)

It is foreseeable that intervention stocks of sugar will continue to exist in most of the Member States concerned after expiry of that last possibility to submit tenders. In order to respond to the continued market needs, it is therefore appropriate to open a further standing invitation to tender to make these stocks available on the internal market.

(4)	To allow comparison of tender prices for sugar of different qualities, the tender price should refer to sugar of the standard quality as defined in Annex I to Regulation (EC) No 318/2006.

(5)	Pursuant to Article 42(2)(c) of Regulation (EC) No 952/2006, it is appropriate to fix a minimum quantity per tenderer or per lot.

(6)	To take account of the situation on the Community market, provision should be made for the Commission to fix a minimum selling price for each partial invitation to tender.

(7)	The minimum selling price refers to sugar of the standard quality. Provision should be made to adjust the selling price.

(8)	The intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden should communicate the tenders to the Commission. The tenderers should remain anonymous.

(9)	In order to ensure proper management of sugar in storage, provision should be made for a communication from the Member States on the quantities actually sold.

(10)

The second paragraph of Article 59 of Regulation (EC) No 952/2006 provides that Commission Regulation (EC) No 1262/2001 (4) continues to apply to sugar accepted into intervention before 10 February 2006. However, for the resale of intervention sugar, this distinction is unnecessary and its implementation would create administrative difficulties for the Member States. It is therefore appropriate to exclude the application of Regulation (EC) No 1262/2001 to the resale of intervention sugar.

(11)	The measures provided for in this Regulation [are in accordance with the opinion of the Management Committee for Sugar],

HAS ADOPTED THIS REGULATION:

Article 1

The intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden shall offer for sale by standing invitation to tender on the Community internal market a maximum total quantity of 601 981 tonnes of sugar accepted into intervention and available for sale on the internal market.

The maximum quantities involved per Member State are set out in Annex I.

Article 2

1.   The period during which tenders may be submitted in response to the first partial invitation to tender shall begin on 1 October 2007 and shall end on 10 October 2007 at 15.00, Brussels time.

The periods during which tenders may be submitted in response to the second and subsequent partial invitations shall begin on the first working day following the end of the preceding period. They shall end at 15.00, Brussels time on:

—	24 October 2007,

—	7 and 21 November 2007,

—	5 and 19 December 2007,

—	9 and 30 January 2008,

—	13 and 27 February 2008,

—	12 and 26 March 2008,

—	9 and 23 April 2008,

—	7 and 28 May 2008,

—	11 and 25 June 2008,

—	9 and 23 July 2008,

—	6 and 27 August 2008,

—	10 and 24 September 2008.

2.   The tender price shall refer to white sugar and raw sugar of the standard quality as defined in Annex I to Regulation (EC) No 318/2006.

3.   The minimum quantity of the tender per lot in accordance with article 42(2)(c) of Regulation (EC) No 952/2006 shall be 250 tonnes unless the available quantity for that lot is less than 250 tonnes. In such cases the available quantity must be tendered.

4.   Tenders shall be lodged with the intervention agency holding the sugar as set out in Annex I.

Article 3

The intervention agencies concerned shall communicate to the Commission tenders submitted within two hours after the expiry of the deadline for the submissions laid down in Article 2(1).

The tenderers shall not be identified.

Tenders submitted shall be communicated in electronic form according to the model laid down in Annex II.

When no tenders are submitted, the Member State shall communicate this to the Commission within the same time limit.

Article 4

1.   The Commission shall fix per Member State concerned the minimum sale price or decide not to accept the tenders in accordance with the procedure referred to in Article 39(2) of Regulation (EC) No 318/2006.

2.   For intervention sugar which is not of the standard quality, Member States shall adjust the actual sale price by way of application mutatis mutandis of, respectively, Article 32(6) and Article 33 of Regulation (EC) No 952/2006.

3.   Where an award at a minimum price set pursuant to paragraph 1 would result in the available quantity for the Member State concerned being exceeded, that award shall be limited to such quantity as is still available.

Where awards for a Member State to all tenderers offering the same price would result in the quantity for that Member State being exceeded, then the quantity available shall be awarded as follows:

(a)	by division among the tenderers concerned in proportion of the total quantities in each of their tenders; or

(b)	by apportionment among the tenderers concerned by reference to a maximum tonnage fixed for each of them; or

(c)	by drawing of lots.

4.   On the fifth working day at the latest after the Commission fixes the minimum sale price, the intervention agencies involved shall communicate to the Commission, in the form laid down in Annex III, the quantity actually sold by partial invitation to tender.

Article 5

By way of derogation from the second paragraph of Article 59 of Regulation (EC) No 952/2006, that Regulation shall apply to the resale, as referred to in Article 1 of this Regulation, of sugar accepted into intervention before 10 February 2006.

Article 6

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

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(1)  OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 247/2007 (OJ L 69, 9.3.2007, p. 3).

(2)  OJ L 178, 1.7.2006, p. 39. Regulation as amended by Regulation (EC) No 551/2007 (OJ L 131, 23.5.2007, p. 7).

(3)  OJ L 187, 8.7.2006, p. 3. Regulation as amended by Regulation (EC) No 1555/2006 (OJ L 288, 19.10.2006, p. 3).

(4)  OJ L 178, 30.6.2001, p. 48. Regulation repealed by Regulation (EC) No 952/2006.

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15.9.2007

EN

Official Journal of the European Union

L 242/8

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COMMISSION REGULATION (EC) No 1060/2007

of 14 September 2007

opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1), and in particular Articles 40(1)(g) and 40(2)(d) thereof,

Whereas:

(1)

Article 39(1) of Commission Regulation (EC) No 952/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system (2) provides that the intervention agencies may sell sugar only after a decision to that effect has been adopted by the Commission.

(2)

Such a decision was taken by Commission Regulation (EC) No 38/2007 of 17 January 2007 opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Poland, Slovakia and Sweden (3). Under that Regulation, tenders may be submitted for the last time between 13 and 26 September 2007.

(3)

It is foreseeable that intervention stocks of sugar will continue to exist in most of the Member States concerned after expiry of that last possibility to submit tenders. In order to respond to the continued market needs, it is, therefore, appropriate to open a further standing invitation to tender to make these stocks available for export.

(4)

Export refunds may be fixed in accordance with Articles 32 and 33 of Regulation (EC) No 318/2006. Community exports to certain close destinations and to third countries granting Community products a preferential import treatment are currently in a particularly favourable competitive position. Therefore, refunds for exports to those destinations should be abolished. Given the link between the granting of refunds and the resale for export of sugar held by the intervention agencies, a resale under this Regulation should neither be foreseen for export to those destinations.

(5)	In order to prevent any abuse associated with the re-import or re-introduction into the Community of sugar sector products that have qualified for export refunds, no export refund should be fixed for the countries of the western Balkans.

(6)	Pursuant to Article 42(2)(c) of Regulation (EC) No 952/2006, it is appropriate to fix a minimum quantity per tenderer or per lot.

(7)	To take account of the situation on the Community market, provision should be made for the Commission to fix a maximum export refund for each partial invitation to tender.

(8)	The intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden should communicate the tenders to the Commission. The tenderers should remain anonymous.

(9)	Pursuant to Article 42(1)(d) of Regulation (EC) No 952/2006, the price to be paid by the successful tenderer should be determined by the invitation to tender.

(10)	To take account of the different qualities of intervention sugar, this price should refer to sugar of the standard quality and provision should be made to adjust this price.

(11)	Pursuant to Article 42(2)(e) of Regulation (EC) No 952/2006, it is appropriate to determine the period of validity of the export licences.

(12)	In order to ensure proper management of sugar in storage, provision should be made for a communication from the Member States to the Commission on the quantities actually sold and exported.

(13)

The second paragraph of Article 59 of Regulation (EC) No 952/2006 provides that Commission Regulation (EC) No 1262/2001 (4) continues to apply to sugar accepted into intervention before 10 February 2006. However, for the resale of intervention sugar, this distinction is unnecessary and its implementation would create administrative difficulties for the Member States. It is therefore appropriate to exclude the application of Regulation (EC) No 1262/2001 to the resale of intervention sugar pursuant to this Regulation.

(14)

The quantities available for a Member State that can be awarded when the Commission fixes the maximum export refund should take into account the quantities awarded pursuant to Commission Regulation (EC) No 1059/2007 of 14 September 2007 opening a standing invitation to tender for the resale on the Community market of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden (5).

(15)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

The intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden shall offer for sale by standing invitation to tender for export to all destinations, excluding the destinations listed in the third subparagraph, a total quantity of 601 981 tonnes of sugar accepted into intervention and available for export.

The maximum quantities involved per Member State are set out in Annex I.

The destinations referred to in the first subparagraph shall be:

(a)	third countries: Andorra, the Holy See (Vatican City State), Liechtenstein, Albania, Croatia, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Serbia (6) and Montenegro;

(b)

territories of EU Member States not forming part of the customs territory of the Community: Gibraltar, Ceuta, Melilla, the Communes of Livigno and Campione d'Italia, Heligoland, Greenland, Faeroe Islands and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control.

Article 2

1.   The period during which tenders may be submitted in response to the first partial invitation to tender shall begin on 1 October 2007 and shall end on 10 October 2007 at 15.00, Brussels time.

The periods during which tenders may be submitted in response to the second and subsequent partial invitations shall begin on the first working day following the end of the preceding period. They shall end at 15.00, Brussels time on:

—	24 October 2007,

—	7 and 21 November 2007,

—	5 and 19 December 2007,

—	9 and 30 January 2008,

—	13 and 27 February 2008,

—	12 and 26 March 2008,

—	9 and 23 April 2008,

—	7 and 28 May 2008,

—	11 and 25 June 2008,

—	9 and 23 July 2008,

—	6 and 27 August 2008,

—	10 and 24 September 2008.

2.   The minimum quantity of the tender per lot in accordance with Article 42(2)(c) of Regulation (EC) No 952/2006 shall be 250 tonnes unless the available quantity for that lot is less than 250 tonnes. In such cases the available quantity must be tendered.

3.   Tenders shall be lodged with the intervention agency holding the sugar as set out in Annex I.

Article 3

The intervention agencies concerned shall communicate to the Commission tenders submitted within two hours after the expiry of the deadline for the submissions laid down in Article 2(1).

The tenderers shall not be identified.

Tenders submitted shall be communicated in electronic form according to the model laid down in Annex II.

When no tenders are submitted, the Member State shall communicate this to the Commission within the same time limit.

Article 4

1.   The Commission shall fix a maximum export refund for white sugar and for raw sugar or decide not to accept the tenders in accordance with the procedure referred to in Article 39(2) of Regulation (EC) No 318/2006.

2.   The available quantity for a lot shall be reduced by the quantities awarded the same day for that lot by Regulation (EC) No 1059/2007.

Where an award at a maximum export refund set pursuant to paragraph 1 would result in that reduced available quantity for a lot being exceeded, that award shall be limited to that reduced available quantity.

Where awards for a Member State to all tenderers offering the same export refund for one lot would result in that reduced available quantity for that lot being exceeded, that reduced available quantity shall be awarded as follows:

(a)	by division among the tenderers concerned in proportion of the total quantities in each of their tenders; or

(b)	by apportionment among the tenderers concerned by reference to a maximum tonnage fixed for each of them; or

(c)	by drawing of lots.

3.   The price to be paid by the successful tenderer in accordance with article 42(1)(d) of Regulation (EC) No 952/2006 shall be EUR 632 per tonne for white sugar and EUR 497 per tonne for raw sugar. The prices shall apply to white sugar and raw sugar of the standard quality described in Annex I to Regulation (EC) No 318/2006.

For intervention sugar which is not of the standard quality, Member States shall adjust the price by way of application mutatis mutandis of, respectively, Article 32(6) and Article 33 of Regulation (EC) No 952/2006.

Article 5

1.   Export licence applications and licences shall contain in Box 20 one of the entries listed in Annex III.

2.   Export licences issued in connection with a partial invitation to tender shall be valid from the day of issue until the end of the fifth calendar month following that in which the partial invitation was issued.

Article 6

1.   On the fifth working day at the latest after the Commission fixes the maximum export refund, the intervention agencies involved shall communicate to the Commission, in the form laid down in Annex IV, the exact quantity sold by partial invitation to tender.

2.   Not later than the end of each calendar month in respect of the preceding calendar month, Member States shall notify to the Commission the quantities of sugar of the export licences returned to the competent authorities and the corresponding quantities of sugar exported, taking account of the tolerances permitted by Article 8(4) and (5) of Commission Regulation (EC) No 1291/2000 (7).

Article 7

By way of derogation from the second paragraph of Article 59 of Regulation (EC) No 952/2006, that Regulation shall apply to the resale, as referred to in Article 1 of this Regulation, of sugar accepted into intervention before 10 February 2006.

Article 8

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

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(1)  OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 247/2007 (OJ L 69, 9.3.2007, p. 3).

(2)  OJ L 178, 1.7.2006, p. 39. Regulation as amended by Regulation (EC) No 551/2007 (OJ L 131, 23.5.2007, p. 7).

(3)  OJ L 11, 18.1.2007, p. 4. Regulation as amended by Regulation (EC) 203/2007 (OJ L 61, 28.2.2007, p. 3).

(4)  OJ L 178, 30.6.2001, p. 48. Regulation repealed by Regulation (EC) No 952/2006.

(5)  See page 3 of this Official Journal.

(6)  Including Kosovo, under the auspices of the United Nations, pursuant to UN Security Council Resolution 1244 of 10 June 1999.

(7)  OJ L 152, 24.6.2000, p. 1.

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15.9.2007

EN

Official Journal of the European Union

L 242/16

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COMMISSION REGULATION (EC) No 1061/2007

of 14 September 2007

fixing the import duties in the cereals sector applicable from 16 September 2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),

Having regard to 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 (2), and in particular Article 2(1) thereof,

Whereas:

(1)

Article 10(2) of Regulation (EC) No 1784/2003 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

(2)	Article 10(3) of Regulation (EC) No 1784/2003 lays down that, for the purposes of calculating the import duty referred to in paragraph 2 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

(3)

Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation.

(4)	Import duties should be fixed for the period from 16 September 2007, and should apply until new import duties are fixed and enter into force,

HAS ADOPTED THIS REGULATION:

Article 1

From 16 September 2007, the import duties in the cereals sector referred to in Article 10(2) of Regulation (EC) No 1784/2003 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.

Article 2

This Regulation shall enter into force on 16 September 2007.

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(1)  OJ L 270, 21.10.2003, p. 78. Regulation as last amended by Regulation (EC) No 735/2007 (OJ L 169, 29.6.2007, p. 6).

(2)  OJ L 161, 29.6.1996, p. 125. Regulation as last amended by Regulation (EC) No 1816/2005 (OJ L 292, 8.11.2005, p. 5).

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15.9.2007

EN

Official Journal of the European Union

L 242/19

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COMMISSION REGULATION (EC) No 1062/2007

of 14 September 2007

providing for the rejection of applications for export licences in relation to certain processed products and cereal-based compound feedingstuffs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),

Having regard to Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (2), and in particular Article 8(1) thereof,

Whereas:

The quantity covered by applications for advance fixing of refunds on potato starch and maize-based products is of great importance and could give rise to speculation. It has therefore been decided to reject all applications for export licences of such products made on 13 September 2007,

HAS ADOPTED THIS REGULATION:

Article 1

In accordance with Article 8(1) of Regulation (EC) No 1342/2003, applications for export licences with advance fixing of refunds for products falling within CN code 1108 12 00 made on 13 September 2007 shall be rejected.

Article 2

This Regulation shall enter into force on 15 September 2007.

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(1)  OJ L 270, 21.10.2003, p. 78. Regulation as last amended by Regulation (EC) No 735/2007 (OJ L 169, 29.6.2007, p. 6).

(2)  OJ L 189, 29.7.2003, p. 12. Regulation as last amended by Regulation (EC) No 1996/2006 (OJ L 398, 30.12.2006, p. 1).

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15.9.2007

EN

Official Journal of the European Union

L 242/20

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COMMISSION DECISION

of 10 September 2007

on the definition of the measures eligible for Community financing in the programmes for the control of organisms harmful to plants and plant products in the French overseas departments, in the Azores and in Madeira

(notified under document number C(2007) 4140)

(Only the French and Portuguese texts are authentic)

(2007/609/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions of the Union (1) and in particular the second sentence of the first subparagraph of Article 17(3),

Whereas:

(1)

The plant health of agricultural crops in the French overseas departments, in the Azores and in Madeira is subject to particular problems associated with the climate and the specificity of the harmful organisms present in those regions. The Member States concerned have adopted programs designed to control those organisms.

(2)

New rules for Community contributions to plant health measures in the outermost regions of the Union were adopted by Regulation (EC) No 247/2006. Consequently, as regards the French overseas departments, the Azores and Madeira, the measures for which Community financing is available and the expenditure eligible should be redefined.

(3)	Commission Decision 93/522/EEC of 30 September 1993 on the definition of the measures eligible for Community financing in the programs for the control of organisms harmful to plants or plant products in the French overseas departments, in the Azores and in Madeira (2) should therefore be replaced.

(4)

Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (3) lays down protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community.

(5)	Decision 93/522/EEC should therefore be repealed.

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

HAS ADOPTED THIS DECISION:

Article 1

The measures in the programs for the control of harmful organisms in the French overseas departments, in the Azores and in Madeira which are eligible for Community financing, in accordance with Article 17(1) of Regulation (EC) No 247/2006, are defined in the Annex to this Decision.

Such measures shall relate to all or part of the programmes for the control of harmful organisms within the meaning of Article 2(1)(e) of Directive 2000/29/EC.

Article 2

Decision 93/522/EEC is repealed.

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

Article 3

This Decision shall apply from 1 January 2007.

Article 4

This Decision is addressed to the French Republic and the Portuguese Republic.

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(1)  OJ L 42, 14.2.2006, p. 1. Regulation as amended by Regulation (EC) No 2013/2006 (OJ L 384, 29.12.2006, p. 13).

(2)  OJ L 251, 8.10.1993, p. 35. Decision as amended by Decision 96/633/EC (OJ L 283, 5.11.1996, p. 58).

(3)  OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2007/41/EC (OJ L 169, 29.6.2007, p. 51).

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15.9.2007

EN

Official Journal of the European Union

L 242/24

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COMMISSION DECISION

of 11 September 2007

on the Community's financial contribution to a programme for the control of organisms harmful to plants and plant products in the French overseas departments for 2007

(notified under document number C(2007) 4147)

(Only the French text is authentic)

(2007/610/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions of the Union (1) and in particular the first sentence of the first subparagraph of Article 17(3),

Whereas:

(1)	Growing conditions in the French overseas departments require special measures concerning crop production. Those measures include expensive plant health measures.

(2)

Commission Decision 2007/609/EC of 10 September 2007 on the definition of the measures eligible for Community financing in the programmes for the control of organisms harmful to plants and plant products in the French overseas departments, in the Azores and in Madeira (2) defines the measures eligible for Community financing under programmes for the control of organisms harmful to plants and plant products in the French overseas departments, the Azores and Madeira.

(3)

The French authorities have submitted to the Commission a programme providing for plant health measures. That programme specifies the objectives to be achieved, the expected deliverables, the measures to be carried out, their duration and their cost with a view to a possible Community financial contribution. The measures provided for in that programme fulfill the requirements of Commission Decision 2007/609/EC.

(4)

In accordance with Article 3(2)(a) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (3), plant-health measures are to be financed from the European Agricultural Guarantee Fund. For the purposes of financial control of those measures Articles 9, 36 and 37 of that Regulation apply.

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

HAS ADOPTED THIS DECISION:

Article 1

A Community financial contribution to France for the official programme for the control of organisms harmful to plants and plant products in the French overseas departments for 2007, as specified in Part A of the Annex, is approved.

It shall be limited to 60 % of the total eligible expenditure, as specified in Part B of the Annex, with a maximum of EUR 224 700 (VAT excluded).

Article 2

1.   An advance of EUR 100 000 shall be paid within 60 days after receipt of a request for payment by France.

2.   The balance of the financial contribution shall be paid provided that a final implementation report on the programme is submitted to the Commission in electronic form by 15 March 2008 at the latest.

That report shall contain:

(a)	a concise technical evaluation of the entire programme, including the degree of achievement of physical and qualitative objectives and of progress accomplished, and an assessment of the immediate phytosanitary and economic impact, and

(b)	a financial cost statement indicating the actual expenditure broken down by sub-programme and by measure.

3.   With respect to the indicative budget breakdown specified in Part B of the Annex, France may adjust the financing between different measures in the same sub-programme within a limit of 15 % of the Community contribution to this sub-programme, provided that the total amount of eligible costs scheduled in the programme is not exceeded and that the main objectives of the programme are not thereby compromised.

It shall inform the Commission of any adjustments made.

Article 3

This Decision shall apply from 1 January 2007.

Article 4

This Decision is addressed to the French Republic.

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(1)  OJ L 42, 14.2.2006, p. 1. Regulation as amended by Regulation (EC) No 2013/2006 (OJ L 384, 29.12.2006, p. 13).

(2)  See page 20 of this Official Journal.

(3)  OJ L 209, 11.8.2005, p. 1. Regulation as last amended by Regulation (EC) No 378/2007 (OJ L 95, 5.4.2007, p. 1).

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