COMMISSION REGULATION (EC) No 1221/2008
of 5 December 2008
amending Regulation (EC) No 1580/2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector as regards marketing standards
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 121(a) in conjunction with Article 4 thereof,
Whereas:
(1)
Council Regulation (EC) No 361/2008 (2) has integrated into Regulation (EC) No 1234/2007, with effect from 1 July 2008, the provisions of Council Regulation (EC) No 1182/2007 (3), which lays down specific rules as regards the fruit and vegetable sector, without calling into question the underlying policy choices. These provisions state that fruit and vegetables which are intended to be sold fresh to the consumer, may only be marketed if they are sound, fair and of marketable quality and if the country of origin is indicated. In the interest of harmonisation of the implementation of this provision, it is appropriate to define these characteristics in providing for a general marketing standard for all fresh fruits and vegetables.
(2)
Commission Regulation (EC) No 1580/2007 (4) does not currently contain specific marketing standards for individual products which are currently contained in a number of existing Regulations, which continue to apply pursuant to Article 203a(7) of Regulation (EC) No 1234/2007. In the interests of clarity it is appropriate to gather together all the specific marketing standards foreseen under Article 113(1)(b) and (c) of Regulation (EC) No 1234/2007 into Regulation (EC) No 1580/2007.
(3)
It is also appropriate in the light of experience and in the interests of simplification to reduce the list of products covered by specific marketing standards, to include only those products for which it seem necessary to adopt a standard based on an assessment of its relevance, taking into account in particular which products are most traded in value terms on the basis of the figures held in the Comext database on intra-Community and extra-Community trade.
(4)
In order to avoid unnecessary barriers to trade, where specific marketing standards are to be laid down for individual products, these standards should be those as set out in the standards adopted by the United Nations Economic Commission for Europe (UNECE). For the same reason, other products should be considered to conform to the general marketing standard where the holder is able to show they are in conformity with any such applicable standards.
(5)
The exceptions and exemptions from these standards should also be modified accordingly. In particular, the reference to minimum quality criteria for products intended for industrial processing should be deleted since those criteria related to aid schemes which have been abolished by Regulation (EC) No 1182/2007. Since some fruit and vegetables will naturally develop and have a tendency to perish, they should be permitted to show a slight lack of freshness and turgidity provided they are not in Extra Class. Certain products which are normally not intact when sold should be exempted from the general marketing standard which would otherwise require this.
(6)
To avoid fraud and cases of misleading consumers, the information particulars required by the standards should be available to consumers before purchase. This is especially the case for distance selling where experience has shown the risks of fraud and avoidance of the consumer protection offered by the standards.
(7)
In order to ensure that checks may be properly and effectively carried out, invoices and accompanying documents, other than those for consumers, should contain certain basic information contained in the marketing standards.
(8)
The provisions relating to mixes of fruits and vegetables should be simplified whilst maintaining sufficient protection for the consumer. The scope of the provisions should be extended to packages of 5 kg or less to reflect the market trend to sell bigger packs than before.
(9)
The provisions of Chapter II of Regulation (EC) No 1580/2007 relating to checks on conformity to marketing standards should be simplified without reducing their scope in order to ensure conformity at an appropriate level. They should take into account Article 113a(4) of Regulation (EC) No 1234/2007 which provides that Member States should check selectively, based on a risk analysis, whether products conform to marketing standards and that the checks should be focused on the stage prior to dispatch from the production areas when the products are being packed or loaded. For products from third countries, checks should be done prior to release for free circulation. In particular there should be a strengthening of the role of the risk assessment in selecting products for checks. Experience has shown that the definition of trader should be widened and made much more detailed in order to ensure that all actors in the marketing chain are covered and to ensure legal certainty.
(10)
Following Commission Regulations should therefore be repealed:
-
(EEC) No 1292/81 of 12 May 1981 laying down quality standards for leeks, aubergines and courgettes (5);
-
(EEC) No 2213/83 of 28 July 1983 laying down quality standards for onions and witloof chicory (6);
-
(EEC) No 1591/87 of 5 June 1987 laying down quality standards for cabbages, Brussels sprouts, ribbed celery, spinach and plums (7);
-
(EEC) No 1677/88 of 15 June 1988 laying down quality standards for cucumbers (8);
-
(EC) No 831/97 of 7 May 1997 laying down marketing standards applicable to avocados (9);
-
(EC) No 2288/97 of 18 November 1997 laying down marketing standards for garlic (10);
-
(EC) No 963/98 of 7 May 1998 laying down marketing standards for cauliflowers and artichokes (11);
-
(EC) No 730/1999 of 7 April 1999 laying down the marketing standard for carrots (12);
-
(EC) No 1168/1999 of 3 June 1999 laying down marketing standards for plums (13);
-
(EC) No 1455/1999 of 1 July 1999 laying down the marketing standard for sweet peppers (14);
-
(EC) No 2377/1999 of 9 November 1999 laying down the marketing standard for asparagus (15);
-
(EC) No 2561/1999 of 3 December 1999 laying down the marketing standard for peas (16);
-
(EC) No 2789/1999 of 22 December 1999 laying down the marketing standard for table grapes (17);
-
(EC) No 790/2000 of 14 April 2000 laying down the marketing standard for tomatoes (18);
-
(EC) No 851/2000 of 27 April 2000 laying down the marketing standard for apricots (19);
-
(EC) No 175/2001 of 26 January 2001 laying down the marketing standard for walnuts in shell (20);
-
(EC) No 912/2001 of 10 May 2001 laying down the marketing standard for beans (21);
-
(EC) No 1508/2001 of 24 July 2001 laying down the marketing standard for onions and amending Regulation (EEC) No 2213/83 (22);
-
(EC) No 1543/2001 of 27 July 2001 laying down the marketing standard for lettuces and curled-leaved and broad-leaved (Batavian) endives (23);
-
(EC) No 1615/2001 of 7 August 2001 laying down the marketing standard for melons and amending Regulation (EC) No 1093/97 (24);
-
(EC) No 1799/2001 of 12 September 2001 laying down the marketing standard for citrus fruit (25);
-
(EC) No 2396/2001 of 7 December 2001 laying down the marketing standard applicable to leeks (26);
-
(EC) No 843/2002 of 21 May 2002 laying down the marketing standard for strawberries and amending Regulation (EEC) No 899/87 (27);
-
(EC) No 1284/2002 of 15 July 2002 laying down the marketing standard for hazelnuts in shell (28);
-
(EC) No 1466/2003 of 19 August 2003 laying down the marketing standard for artichokes and amending Regulation (EC) No 963/98 (29);
-
(EC) No 1757/2003 of 3 October 2003 laying down the marketing standard for courgettes and amending Regulation (EEC) No 1292/81 (30);
-
(EC) No 85/2004 of 15 January 2004 laying down the marketing standard for apples (31);
-
(EC) No 86/2004 of 15 January 2004 laying down the marketing standard for pears (32);
-
(EC) No 214/2004 of 6 February 2004 laying down the marketing standard for cherries (33);
-
(EC) No 1673/2004 of 24 September 2004 laying down the marketing standard applicable to kiwifruit (34);
-
(EC) No 1861/2004 of 26 October 2004 laying down the marketing standard applicable to peaches and nectarines (35);
-
(EC) No 1862/2004 of 26 October 2004 laying down the marketing standard applicable to watermelons (36);
-
(EC) No 1863/2004 of 26 October 2004 laying down the marketing standard applicable to cultivated mushrooms (37);
-
(EC) No 634/2006 of 25 April 2006 laying down the marketing standard applicable to headed cabbages and amending Regulation (EEC) No 1591/87 (38).
(11)
In order to allow Member States and traders to prepare for the changes introduced by this Regulation, it should apply from 1 July 2009. Appropriate transitional provisions should be laid down to allow for the use, until stocks are exhausted, of specimens and conformity certificates which conformed to the now existing provisions of Regulation (EC) No 1580/2007, and for the continuity of authorisations granted to approved traders.
(12)
Regulation (EC) No 1580/2007 should therefore be amended accordingly.
(13)
The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EC) No 1580/2007
Regulation (EC) No 1580/2007 is amended as follows:
(1)
In Chapter I of Title II, the following Article 2a is inserted before Article 3:
‘Article 2a
Marketing standards; holders
1. The requirements of Article 113a(1) of Regulation (EC) No 1234/2007 shall be known as the general marketing standard. The details of the general marketing standard are set out in Part A of Annex I to this Regulation.
Fruit and vegetables not covered by a specific marketing standard shall conform to the general marketing standard. However, where the holder is able to show they are in conformity with any applicable standards adopted by the United Nations Economic Commission for Europe (UNECE), the product shall be considered as conforming to the general marketing standard.
2. The specific marketing standards referred to in Article 113(1)(b) and (c) of Regulation (EC) No 1234/2007 are set out in Part B of Annex I to this Regulation as regards the following products:
(a)
apples,
(b)
citrus fruit,
(c)
kiwifruit,
(d)
lettuces, curled leaved and broad-leaved endives,
(e)
peaches and nectarines,
(f)
pears,
(g)
strawberries,
(h)
sweet peppers,
(i)
table grapes,
(j)
tomatoes.
3. For the purposes of Article 113a(3) of Regulation (EC) No 1234/2007, a holder shall be any natural or legal person physically in possession of the products concerned.’;
(2)
Article 3 is amended as follows:
(a)
Paragraph 1 is amended as follows:
(i)
the introductory phrase and the point (a) are replaced by the following:
‘By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007, the following shall not be required to conform to the marketing standards:
(a)
provided they are clearly marked with the words “intended for processing” or “for animal feed” or any other equivalent wording, products:
(i)
intended for industrial processing, or
(ii)
intended for animal feed or other non-food use;’;
(ii)
the following point is added:
‘(d)
products having undergone a trimming or cutting making them “ready to eat” or “kitchen ready”.’;
(b)
In paragraph 2, the introductory words are replaced by the following:
‘By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007, the following shall not be required to conform to the marketing standards within a given production area:’;
(c)
Paragraph 3 is replaced by the following:
‘3. By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007, Member States may exempt from the specific marketing standards products presented for retail sale to consumers for their personal use and labelled “product intended for processing” or with any other equivalent wording and intended for processing other than those referred to in point (a)(i) of paragraph 1.’;
(d)
The following paragraphs 3a and 3b are inserted:
‘3a. By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007 as regards the specific marketing standards, fresh fruit and vegetables not in Extra Class, at stages following dispatch, may show a slight lack of freshness and turgidity and slight deterioration due to their development and their tendency to perish.
3b. By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007, the following products shall not be required to conform to the general marketing standard:
(a)
mushrooms other than cultivated mushrooms of CN code 0709 59,
(b)
capers of CN code 0709 90 40,
(c)
bitter almonds of CN code 0802 11 10,
(d)
shelled almonds of CN code 0802 12,
(e)
shelled hazelnuts of CN code 0802 22,
(f)
shelled walnuts of CN code 0802 32,
(g)
pine nuts of CN code 0802 90 50, and
(h)
saffron of CN code 0910 20.’;
(3)
Article 4 is amended as follows:
(a)
Paragraph 1 is replaced by the following:
‘1. The information particulars required by this Chapter shall be shown legibly and obviously on one side of the packaging, either indelibly printed directly onto the package or on a label which is an integral part of the package or affixed to it.’
(b)
The following paragraphs are added:
‘3. In the case of distance contracts within the meaning of Article 2(1) of Directive 97/7/EC of the European Parliament and of the Council (39), conformity with the marketing standards shall require that the information particulars shall be available before the purchase is concluded.
4. Invoices and accompanying documents, excluding receipts for the consumer, shall indicate the name and the country of origin of the products and, where appropriate, the class, the variety or commercial type if required in a specific marketing standard, or the fact that it is intended for processing.
(4)
Articles 5 and 6 are replaced by the following:
‘Article 5
Information particulars at the retail stage
At retail stage, the information particulars required by this Chapter shall be legible and conspicuous. Products may be presented for sale provided the retailer displays prominently, adjacent to and legibly the information particulars relating to country of origin and, where appropriate, class and variety or commercial type in such a way as not to mislead the consumer.
For pre-packaged products as referred to in Directive 2000/13/EC of the European Parliament and of the Council (40), the net weight shall be indicated, in addition to all the information provided for in the marketing standards. However, in the case of products sold by number, the requirement to indicate the net weight shall not apply if the number of items may be clearly seen and easily counted from the outside or, if the number is indicated on the label.
Article 6
Mixes
1. The marketing of packages of a net weight of 5 kg or less containing mixes of different types of fruit and vegetables shall be allowed, provided that:
(a)
the products are of uniform quality and each product concerned complies with the relevant specific marketing standard or, where no specific marketing standard exists for a particular product, the general marketing standard,
(b)
the package is appropriately labelled, in accordance with this Chapter, and
(c)
the mix is not such as to mislead the consumer.
2. The requirements of point (a) of paragraph 1 shall not apply to products included in a mix which are not products of the fruit and vegetables sector as defined in Article 1 of Regulation (EC) No 1234/2007.
3. If the fruit and vegetables in a mix originate in more than one Member State or third country, the full names of the countries of origin may be replaced with one of the following, as appropriate:
(a)
“mix of EC fruit and vegetables”,
(b)
“mix of non-EC fruit and vegetables”,
(c)
“mix of EC and non-EC fruit and vegetables”.
(5)
Article 7 is replaced by the following:
‘Article 7
Scope
This Chapter lays down rules on conformity checks, which shall mean the checks carried out on fruit and vegetables at all marketing stages in accordance with this Chapter, in order to verify that they conform to the marketing standards and other provisions of this Title and of Articles 113 and 113a of Regulation (EC) No 1234/2007.’;
(6)
Article 8(1) is amended as follows:
(a)
Point (b) is replaced by the following:
‘(b)
an inspection body or bodies responsible for the application of Article 113a(4) of Regulation (EC) No 1234/2007, hereinafter called “the inspection bodies”.’;
(b)
The following subparagraph is added:
‘The coordinating authorities and inspection bodies referred to in the first subparagraph may be public or private. However the Member States shall be responsible for them in either case.’;
(7)
Article 9 is amended as follows:
(a)
The second subparagraph of paragraph 1 is replaced by the following subparagraphs:
‘Member States may use for this purpose any other database or databases already established for other purposes.
“Trader” means any natural or legal person:
(a)
holding fruit and vegetables subject to marketing standards with a view to:
(i)
displaying or offering them for sale,
(ii)
selling them, or
(iii)
marketing them in any other manner, or
(b)
who actually carries out any of the activities referred to in points (i), (ii) and (iii) of point (a) as regards fruit and vegetables subject to marketing standards.
The activities referred to in points (i), (ii) and (iii) of point (a) of the third subparagraph shall cover:
(a)
distance selling whether by internet or otherwise,
(b)
such activities carried out by the natural or legal person for itself or on behalf of a third party, and
(c)
such activities carried out in the Community and/or by export to third countries and/or import from third countries.’;
(b)
Point (b) of paragraph 2 is replaced by the following:
‘(b)
natural or legal persons whose activities in the fruit and vegetables sector are limited either to the transport of goods, or to the sale at the retail stage.’;
(c)
Paragraphs 3 and 4 are replaced by the following:
‘3. Where the database is composed of several distinct elements, the coordinating authority shall ensure that the database, its elements and their updating are uniform. The updating shall be done in particular using the information collected during conformity checks.
4. This database shall contain, for each trader, the registration number, name, address, information needed for its classification in one of the risk categories mentioned in Article 10(2), in particular, position in the marketing chain, information concerning the importance of the firm, information concerning findings made during previous checks of each trader, as well as any other information considered necessary for checks such as information concerning the existence of a quality assurance system or self-check system related to the conformity to the marketing standards. The updating shall be carried out in particular using the information collected during conformity checks.’;
(8)
Section 2 of Chapter II of Title II is replaced by the following:
‘Section 2
Conformity checks carried out by Member States
Article 10
Conformity checks
1. Member States shall ensure that conformity checks are carried out selectively, based on a risk analysis, and with appropriate frequency, so as ensure appropriate compliance with the marketing standards and other provisions of this Title and of Articles 113 and 113a of Regulation (EC) No 1234/2007.
The criteria to assess the risk shall include the existence of a conformity certificate referred in Article 12a issued by a competent authority of a third country whose checks on conformity have been approved according Article 13. The existence of such certificate shall be considered as a factor reducing the risk of non-conformity.
The criteria to assess the risk may also include:
(a)
the nature of the product, the period of production, the price of the product, the weather, the packing and handling operations, the storage conditions, the country of origin, the means of transport or the volume of the lot;
(b)
the size of the traders, their position in the marketing chain, the volume or value marketed by them, their product range, the delivery area or the type of business carried out such as storage, sorting, packing or sale;
(c)
findings made during previous checks including the number and type of defects found, the usual quality of products marketed, the level of technical equipment used;
(d)
the reliability of traders’ quality assurance systems or self-checking systems related to the conformity to marketing standards;
(e)
the place where the check is carried out in particular if it is the point of first entry into the Community, or the place where the products are being packed or loaded;
(f)
any other information that might indicate a risk of non-compliance.
2. The risk analysis shall be based on the information contained in the traders' database referred to in Article 9 and shall classify traders in risk categories.
Member States shall lay down in advance:
(a)
the criteria for assessing the risk of non-conformity of lots;
(b)
on the basis of a risk analysis for each risk category, the minimum proportions of traders or lots and/or quantities which will be subject to a conformity check.
Member States may choose not to carry out selective checks on products not subject to specific marketing standards, based on a risk analysis.
3. Where checks reveal significant irregularities, Member States shall increase the frequency of checks in relation to traders, products, origins, or other parameters.
4. Traders shall provide inspection bodies with all the information those bodies judge necessary for organising and carrying out conformity checks.
Article 11
Approved traders
1. Member States may authorise traders classified in the lowest risk category and providing special guarantees on conformity to marketing standards to use the specimen in Annex II in the labelling of each package at the stage of dispatch and/or to sign the conformity certificate as referred in Article 12a.
2. The authorisation shall be granted for a period of at least one year.
3. Traders benefiting from this possibility shall:
(a)
have inspection staff who have received training approved by the Member States;
(b)
have suitable equipment for preparing and packing produce;
(c)
commit themselves to carry out a conformity check on the goods they dispatch and have a register recording all checks carried out.
4. Where an authorised trader no longer complies with the requirements for authorisation the Member State shall withdraw the authorisation.
5. Notwithstanding paragraph 1, authorised traders may continue to use specimens which conformed to this Regulation on 30 June 2009 until stocks are exhausted.
Authorisations granted to traders before 1 July 2009 shall continue to apply for the period for which they were granted.
Article 12
Acceptance of declarations by customs
1. Customs may only accept export declarations and/or declarations for the release for free circulation for the products subject to specific marketing standards if:
(a)
the goods are accompanied by a conformity certificate, or
(b)
the competent inspection body has informed the customs authority that the lots concerned have been issued a conformity certificate, or
(c)
the competent inspection body has informed the customs authority that it has not issued a conformity certificate for the lots concerned because they do not needed to be checked in the light of the risk assessment referred to in Article 10(1).
This shall be without prejudice to any conformity checks the Member State may carry out pursuant to Article 10
2. Paragraph 1 shall also apply to products subject to the general marketing standard set out in Annex I and products referred to in Article 3(1)(a) if the Member State concerned considers it necessary in the light of the risk analysis referred to in Article 10(1).
‘Article 12a
Conformity certificates
1. Certificates may be issued by a competent authority to confirm that the products concerned conform to the relevant marketing standard. The certificate for use by competent authorities in the Community is set out in Annex III.
The third countries referred to in Article 13(4) may use instead their own certificate provided the Commission considers that it contains at least equivalent information to the Community certificate. The Commission shall make available, by the means it considers appropriate, specimens of such third country certificates.
2. These certificates may be issued either in paper format with original signature or in verified electronic format with electronic signature.
3. Each certificate shall be stamped by the competent authority and signed by the person or persons empowered to do so.
4. The certificate shall be issued in at least one of the official languages of the Community.
5. Each certificate shall bear a serial number, by which it can be identified, and a copy of each issued certificate will be retained by the competent authority.
6. Notwithstanding the first subparagraph of paragraph 1, Member States may continue to use conformity certificates which conformed to this Regulation on 30 June 2009 until stocks are exhausted.’
(9)
Article 13 is amended as follows:
(a)
Paragraph 1 is replaced by the following:
‘1. At the request of a third country, the Commission may approve, in accordance with the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, checks on conformity to specific marketing standards performed by this third country prior to import into the Community.’
(b)
Paragraph 4 is replaced by the following:
‘4. The list of countries whose checks on conformity have been approved under this Article, and the products concerned, are set out in Annex IV.
The Commission shall make available, by the means it considers appropriate, details of the official authorities and inspection bodies concerned.’
(10)
Article 14 is deleted.
(11)
Article 15 is replaced by the following:
‘Article 15
Suspension of approval
The Commission may suspend approval if it is found that, in a significant number of lots and/or quantities, the goods do not correspond to the information in the certificates of conformity issued by the third country inspection bodies.’
(12)
Articles 16, 17 and 18 are deleted.
(13)
Section 4 of Chapter II of Title II is deleted.
(14)
Article 20 is amended as follows:
(a)
Paragraph 2 is replaced by the following:
‘2. Where inspectors find that the goods conform with the marketing standards, the inspection body may issue a conformity certificate as set out in Annex III.’
(b)
The third subparagraph of paragraph 3 is replaced by the following:
‘If an inspection body accepts a trader's wish to bring the goods into conformity in a Member State other than that where the check leading to a finding of non-conformity has been carried out, the trader shall notify the competent inspection body of the destination Member State of the non-conforming lot. The Member State issuing the finding of non-conformity shall send a copy of this finding to the other Member States concerned including the Member State of destination of the non-conforming lot.’
(c)
Paragraph 4 of is deleted.
(15)
The following Section is added to Chapter II of Title II:
‘Section 6
Communications
Article 20a
Communications
1. A Member State on whose territory a consignment from another Member State is found not to conform with the marketing standards because of defects or deterioration which could have been detected at the time of packaging shall notify forthwith the Commission and the Member States likely to be concerned.
2. A Member State on whose territory a lot of goods from a third country has been rejected from release into free circulation because of non-compliance with the marketing standards shall notify forthwith the Commission, the Member States likely to be concerned and the third country concerned and listed in Annex IV.
3. Member States shall communicate to the Commission the provisions of their inspection and risk analysis systems. They shall inform the Commission of any subsequent amendments to that systems.
4. The Member States shall communicate to the Commission and the Member States the summarised results of the inspections at all marketing stages in a given year by 30 June of the following year.
5. Communications shall be made by the means specified by the Commission.’
(16)
Annex I is replaced by the text in Annex I to this Regulation.
(17)
Annex II is replaced by the text in Annex II to this Regulation.
(18)
Annex III is replaced by the text in Annex III to this Regulation.
(19)
The title of Part A and Parts B and C of Annex IV are deleted.
(20)
Annex V is deleted.
(21)
Annex VI is replaced by the text in Annex IV to this Regulation.
Article 2
Repeals
Regulations (EEC) No 1292/81, (EEC) No 2213/83, (EEC) No 1591/87, (EEC) No 1677/88, (EC) No 831/97, (EC) No 2288/97, (EC) No 963/98, (EC) No 730/1999, (EC) No 1168/1999, (EC) No 1455/1999, (EC) No 2377/1999, (EC) No 2561/1999, (EC) No 2789/1999, (EC) No 790/2000, (EC) No 851/2000, (EC) No 175/2001, (EC) No 912/2001, (EC) No 1508/2001, (EC) No 1543/2001, (EC) No 1615/2001, (EC) No 1799/2001, (EC) No 2396/2001, (EC) No 843/2002, (EC) No 1284/2002, (EC) No 1466/2003, (EC) No 1757/2003, (EC) No 85/2004, (EC) No 86/2004, (EC) No 214/2004, (EC) No 1673/2004, (EC) No 1861/2004, (EC) No 1862/2004, (EC) No 1863/2004 and (EC) No 634/2006 are repealed.
Article 3
Entry into force
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 July 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 December 2008.