# Official Journal L 295/2007

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 295 |
| | |
| English edition | Legislation | Volume 5014 November 2007 |

ISSN 1725-2555

Official Journal

of the European Union

L 295

English edition

Legislation

Volume 5014 November 2007

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 1327/2007 of 13 November 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 1328/2007 of 13 November 2007 prohibiting fishing for red seabream in ICES areas VI, VII and VIII (Community waters and waters not under the sovereignty or jurisdiction of third countries) by vessels flying the flag of Spain | 3 |
| | * | Commission Regulation (EC) No 1329/2007 of 13 November 2007 establishing a prohibition of fishing for tusk in EC and international waters of ICES zones V, VI and VII by vessels flying the flag of France | 5 |
| | * | Commission Regulation (EC) No 1330/2007 of 24 September 2007 laying down implementing rules for the dissemination to interested parties of information on civil aviation occurrences referred to in Article 7(2) of Directive 2003/42/EC of the European Parliament and of the Council (
  1
  ) | 7 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 1327/2007 of 13 November 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 1328/2007 of 13 November 2007 prohibiting fishing for red seabream in ICES areas VI, VII and VIII (Community waters and waters not under the sovereignty or jurisdiction of third countries) by vessels flying the flag of Spain

3

*

Commission Regulation (EC) No 1329/2007 of 13 November 2007 establishing a prohibition of fishing for tusk in EC and international waters of ICES zones V, VI and VII by vessels flying the flag of France

5

*

Commission Regulation (EC) No 1330/2007 of 24 September 2007 laying down implementing rules for the dissemination to interested parties of information on civil aviation occurrences referred to in Article 7(2) of Directive 2003/42/EC of the European Parliament and of the Council (
  1
  )

1

7

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2007/730/EC |
| | * | Commission Decision of 16 October 2007 on the compatibility with Community law of measures taken by the United Kingdom pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (
  1
  ) | 12 |
| | | 2007/731/EC |
| | * | Commission Decision of 13 November 2007 amending Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the United Kingdom
  (notified under document number C(2007) 5549)

   (
  1
  ) | 28 |

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

DECISIONS

Commission

2007/730/EC

*

Commission Decision of 16 October 2007 on the compatibility with Community law of measures taken by the United Kingdom pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (
  1
  )

1

12

2007/731/EC

*

Commission Decision of 13 November 2007 amending Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the United Kingdom
  (notified under document number C(2007) 5549)

   (
  1
  )

(notified under document number C(2007) 5549)

1

28

| | | III   Acts adopted under the EU Treaty |
| --- | --- | --- |
| | | ACTS ADOPTED UNDER TITLE V OF THE EU TREATY |
| | * | Council Joint Action 2007/732/CFSP of 13 November 2007 amending Joint Action 2007/106/CFSP extending the mandate of the Special Representative of the European Union for Afghanistan | 30 |
| | * | Council Joint Action 2007/733/CFSP of 13 November 2007 amending Joint Action 2007/369/CFSP on the establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) | 31 |
| | * | Council Common Position 2007/734/CFSP of 13 November 2007 concerning restrictive measures against Uzbekistan | 34 |

III   Acts adopted under the EU Treaty

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

*

Council Joint Action 2007/732/CFSP of 13 November 2007 amending Joint Action 2007/106/CFSP extending the mandate of the Special Representative of the European Union for Afghanistan

30

*

Council Joint Action 2007/733/CFSP of 13 November 2007 amending Joint Action 2007/369/CFSP on the establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)

31

*

Council Common Position 2007/734/CFSP of 13 November 2007 concerning restrictive measures against Uzbekistan

34

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| 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. |
| --- | --- |

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.

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

REGULATIONS

| 14.11.2007 | EN | Official Journal of the European Union | L 295/1 |
| --- | --- | --- | --- |

14.11.2007

EN

Official Journal of the European Union

L 295/1

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COMMISSION REGULATION (EC) No 1327/2007

of 13 November 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. |
| --- | --- |

(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, |
| --- | --- |

(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 14 November 2007.

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

Done at Brussels, 13 November 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(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).

1

---

ANNEX

to Commission Regulation of 13 November 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 62,7 |
| MK | 18,4 |
| TR | 80,3 |
| ZZ | 53,8 |
| 0707 00 05 | JO | 196,3 |
| MA | 67,7 |
| TR | 114,7 |
| ZZ | 126,2 |
| 0709 90 70 | MA | 66,6 |
| TR | 95,8 |
| ZZ | 81,2 |
| 0805 20 10 | MA | 93,8 |
| ZZ | 93,8 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | HR | 39,6 |
| IL | 69,0 |
| TR | 77,0 |
| UY | 99,1 |
| ZZ | 71,2 |
| 0805 50 10 | AR | 65,5 |
| TR | 99,4 |
| ZA | 62,0 |
| ZZ | 75,6 |
| 0806 10 10 | BR | 237,9 |
| TR | 136,0 |
| US | 267,2 |
| ZZ | 213,7 |
| 0808 10 80 | AR | 80,9 |
| CA | 95,9 |
| CL | 33,5 |
| MK | 31,5 |
| US | 101,7 |
| ZA | 85,8 |
| ZZ | 71,6 |
| 0808 20 50 | AR | 49,4 |
| CN | 56,0 |
| TR | 129,4 |
| ZZ | 78,3 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

62,7

MK

18,4

TR

80,3

ZZ

53,8

0707 00 05

JO

196,3

MA

67,7

TR

114,7

ZZ

126,2

0709 90 70

MA

66,6

TR

95,8

ZZ

81,2

0805 20 10

MA

93,8

ZZ

93,8

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

HR

39,6

IL

69,0

TR

77,0

UY

99,1

ZZ

71,2

0805 50 10

AR

65,5

TR

99,4

ZA

62,0

ZZ

75,6

0806 10 10

BR

237,9

TR

136,0

US

267,2

ZZ

213,7

0808 10 80

AR

80,9

CA

95,9

CL

33,5

MK

31,5

US

101,7

ZA

85,8

ZZ

71,6

0808 20 50

AR

49,4

CN

56,0

TR

129,4

ZZ

78,3

---

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

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| 14.11.2007 | EN | Official Journal of the European Union | L 295/3 |
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14.11.2007

EN

Official Journal of the European Union

L 295/3

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COMMISSION REGULATION (EC) No 1328/2007

of 13 November 2007

prohibiting fishing for red seabream in ICES areas VI, VII and VIII (Community waters and waters not under the sovereignty or jurisdiction of third countries) by vessels flying the flag of Spain

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

| (1) | Council Regulation (EC) No 2015/2006 of 19 December 2006 fixing for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (3) lays down quotas for 2007 and 2008. |
| --- | --- |

(1)

Council Regulation (EC) No 2015/2006 of 19 December 2006 fixing for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (3) lays down quotas for 2007 and 2008.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of, or registered in, the Member State referred to therein have exhausted the quota allocated for 2007. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of, or registered in, the Member State referred to therein have exhausted the quota allocated for 2007.

| (3) | It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing, |
| --- | --- |

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated for 2007 to the Member State referred to in the Annex to this Regulation for the stock referred to therein shall be deemed to be exhausted from the date stated in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of, or registered in, the Member State referred to therein shall be prohibited from the date stated in that Annex. After that date it shall also be prohibited to retain on board, tranship or land such stock caught by those vessels.

Article 3

Entry into force

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

Official Journal of the European Union

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

Done at Brussels, 13 November 2007.

For the Commission

Fokion FOTIADIS

Director-General for Fisheries and Maritime Affairs

---

(1)  
  OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).

1

(2)  
  OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1967/2006 (OJ L 409, 30.12.2006, p. 11), as corrected by OJ L 36, 8.2.2007, p. 6.

2

(3)  
  OJ L 15, 20.1.2007, p. 1. Regulation as last amended by Commission Regulation (EC) No 898/2007 (OJ L 196, 28.7.2007, p. 22).

3

---

ANNEX

| No | 67 |
| --- | --- |
| Member State | Spain |
| Stock | SBR/678- |
| Species | Red seabream (Pagellus bogaraveo) |
| Area | Community waters and waters not under the sovereignty or jurisdiction of third countries of VI, VII and VIII |
| Date | 19.10.2007 |

No

67

Member State

Spain

Stock

SBR/678-

Species

Red seabream (Pagellus bogaraveo)

Area

Community waters and waters not under the sovereignty or jurisdiction of third countries of VI, VII and VIII

Date

19.10.2007

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| 14.11.2007 | EN | Official Journal of the European Union | L 295/5 |
| --- | --- | --- | --- |

14.11.2007

EN

Official Journal of the European Union

L 295/5

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COMMISSION REGULATION (EC) No 1329/2007

of 13 November 2007

establishing a prohibition of fishing for tusk in EC and international waters of ICES zones V, VI and VII by vessels flying the flag of France

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

| (1) | Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2007. |
| --- | --- |

(1)

Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2007.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2007. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2007.

| (3) | It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing, |
| --- | --- |

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2007 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.

Article 3

Entry into force

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

Official Journal of the European Union

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

Done at Brussels, 13 November 2007.

For the Commission

Fokion FOTIADIS

Director-General for Fisheries and Maritime Affairs

---

(1)  
  OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).

1

(2)  
  OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1967/2006 (OJ L 409, 30.12.2006, p. 11), as corrected by OJ L 36, 8.2.2007, p. 6.

2

(3)  
  OJ L 15, 20.1.2007, p. 1. Regulation as last amended by Commission Regulation (EC) No 898/2007 (OJ L 196, 28.7.2007, p. 22).

3

---

ANNEX

| No | 70 |
| --- | --- |
| Member State | France |
| Stock | USK/567EI. |
| Species | Tusk (Brosme brosme) |
| Zone | EC and international waters of ICES zones V, VI and VII |
| Date | 14.10.2007 |

No

70

Member State

France

Stock

USK/567EI.

Species

Tusk (Brosme brosme)

Zone

EC and international waters of ICES zones V, VI and VII

Date

14.10.2007

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| 14.11.2007 | EN | Official Journal of the European Union | L 295/7 |
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14.11.2007

EN

Official Journal of the European Union

L 295/7

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COMMISSION REGULATION (EC) No 1330/2007

of 24 September 2007

laying down implementing rules for the dissemination to interested parties of information on civil aviation occurrences referred to in Article 7(2) of Directive 2003/42/EC of the European Parliament and of the Council

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in civil aviation (1), and in particular Article 7(2) thereof,

Whereas:

| (1) | Directive 2003/42/EC requires national occurrence reporting systems to be established, in order to ensure that relevant information on air safety is reported, collected, stored, protected and disseminated with the only objective of preventing accidents and incidents, excluding as a consequence the attribution of blame or liability. |
| --- | --- |

(1)

Directive 2003/42/EC requires national occurrence reporting systems to be established, in order to ensure that relevant information on air safety is reported, collected, stored, protected and disseminated with the only objective of preventing accidents and incidents, excluding as a consequence the attribution of blame or liability.

| (2) | This Regulation should apply to information exchanged by Member States pursuant to Article 6(1) of Directive 2003/42/EC. Information concerning national occurrences, stored in the national databases, should be subject to national regulations governing the release of aviation safety information. |
| --- | --- |

(2)

This Regulation should apply to information exchanged by Member States pursuant to Article 6(1) of Directive 2003/42/EC. Information concerning national occurrences, stored in the national databases, should be subject to national regulations governing the release of aviation safety information.

| (3) | Interested parties, for the purposes of this Regulation, should be defined as any person that is in a position to participate in the improvement of civil aviation safety by making good use of the safety related information collected under Directive 2003/42/EC. |
| --- | --- |

(3)

Interested parties, for the purposes of this Regulation, should be defined as any person that is in a position to participate in the improvement of civil aviation safety by making good use of the safety related information collected under Directive 2003/42/EC.

| (4) | National points of contacts have the best knowledge of interested parties established in their own Member State. In order to deal with information requests in the safest and most efficient manner, each national point of contact should deal with requests from interested parties established in the territory of that Member State while requests from interested parties from third countries or from international organisations should be dealt with by the Commission. |
| --- | --- |

(4)

National points of contacts have the best knowledge of interested parties established in their own Member State. In order to deal with information requests in the safest and most efficient manner, each national point of contact should deal with requests from interested parties established in the territory of that Member State while requests from interested parties from third countries or from international organisations should be dealt with by the Commission.

| (5) | The Commission may decide at a later stage to entrust an entity with the management of exchanged information in accordance with Article 6 of Directive 2003/42/EC and to deal with requests from interested parties from third countries or from international organisations. |
| --- | --- |

(5)

The Commission may decide at a later stage to entrust an entity with the management of exchanged information in accordance with Article 6 of Directive 2003/42/EC and to deal with requests from interested parties from third countries or from international organisations.

| (6) | A list of points of contacts should be established by the Commission and should be publicly available. |
| --- | --- |

(6)

A list of points of contacts should be established by the Commission and should be publicly available.

| (7) | In order to prevent abuse of the system, the contact point receiving a request for information should check that the requestor is an interested party and the request should be evaluated, before the amount and the level of information to be supplied is defined. |
| --- | --- |

(7)

In order to prevent abuse of the system, the contact point receiving a request for information should check that the requestor is an interested party and the request should be evaluated, before the amount and the level of information to be supplied is defined.

| (8) | The national points of contact should obtain enough information to proceed to validation and evaluation of requests. For that purpose they should use a form containing relevant information on the requestor and the intended purpose of the request. |
| --- | --- |

(8)

The national points of contact should obtain enough information to proceed to validation and evaluation of requests. For that purpose they should use a form containing relevant information on the requestor and the intended purpose of the request.

| (9) | When certain interested parties regularly need information relating to their own activities, it should be possible to adopt a general decision to supply information in respect of those parties. |
| --- | --- |

(9)

When certain interested parties regularly need information relating to their own activities, it should be possible to adopt a general decision to supply information in respect of those parties.

| (10) | A requestor should ensure that the confidentiality of the system is protected, and should limit the use of the information received to the purpose specified in the request, which should be compatible with the objectives of Directive 2003/42/EC. |
| --- | --- |

(10)

A requestor should ensure that the confidentiality of the system is protected, and should limit the use of the information received to the purpose specified in the request, which should be compatible with the objectives of Directive 2003/42/EC.

| (11) | All points of contact should be able to monitor that a request they have turned down is not reintroduced through the authority of another Member State. They should also be able to take example from the best practices of other points of contact. They should therefore have access to the records of the requests for information and decisions adopted in respect of such requests. |
| --- | --- |

(11)

All points of contact should be able to monitor that a request they have turned down is not reintroduced through the authority of another Member State. They should also be able to take example from the best practices of other points of contact. They should therefore have access to the records of the requests for information and decisions adopted in respect of such requests.

| (12) | Modern technology should be used for the transfer of data, while at the same time ensuring the protection of the entire database. |
| --- | --- |

(12)

Modern technology should be used for the transfer of data, while at the same time ensuring the protection of the entire database.

| (13) | In order to enable the Commission to prepare the appropriate measures for exchange of information between Member States and the Commission, as required by Article 6.4 of Directive 2003/42/EC, this Regulation shall apply six months after its entry into force. |
| --- | --- |

(13)

In order to enable the Commission to prepare the appropriate measures for exchange of information between Member States and the Commission, as required by Article 6.4 of Directive 2003/42/EC, this Regulation shall apply six months after its entry into force.

| (14) | The measures provided for in this Regulation are in accordance with the Opinion of the Air Safety Committee established by Article 12 of Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (2), |
| --- | --- |

(14)

The measures provided for in this Regulation are in accordance with the Opinion of the Air Safety Committee established by Article 12 of Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (2),

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down measures concerning the dissemination to interested parties of the information on occurrences exchanged by Member States in accordance with Article 6(1) of Directive 2003/42/EC with the objective of providing such parties with the information they need to improve civil aviation safety.

Article 2

Definitions

1.   For the purpose of this Regulation the following definitions shall apply:

| 1. | ‘interested party’ means any natural person, any legal person, whether profit-making or not, or any official body whether having its own legal personality or not that is in a position to participate in the improvement of civil aviation safety by having access to information on occurrences exchanged by the Member States in accordance with Article 6(1) of Directive 2003/42/EC and which is included in one of the categories of interested parties listed in Annex I; |
| --- | --- |

1.

‘interested party’ means any natural person, any legal person, whether profit-making or not, or any official body whether having its own legal personality or not that is in a position to participate in the improvement of civil aviation safety by having access to information on occurrences exchanged by the Member States in accordance with Article 6(1) of Directive 2003/42/EC and which is included in one of the categories of interested parties listed in Annex I;

| 2. | ‘point of contact’ means:






  (a) | where a request for information is made under Article 3(1) of this Regulation, the competent authority designated by each Member State in accordance with Article 5(1) of Directive 2003/42/EC or, if a Member State has designated more than one competent authority, the contact point designated by that Member State in accordance with the same provision; |
| --- | --- | --- |

2.

‘point of contact’ means:

(a)

where a request for information is made under Article 3(1) of this Regulation, the competent authority designated by each Member State in accordance with Article 5(1) of Directive 2003/42/EC or, if a Member State has designated more than one competent authority, the contact point designated by that Member State in accordance with the same provision;

| (b) | where a request for information is made under Article 3(2), the Commission. |
| --- | --- |

(b)

where a request for information is made under Article 3(2), the Commission.

2.   The list of points of contact will be published by the Commission.

Article 3

Requests for information

1.   Interested parties established within the Community which are natural persons shall address requests for information to the point of contact of the Member State in which they are licensed or, where a licence is not required, in which they exercise their function. Other interested parties established within the Community shall address requests for information to the point of contact of the Member State in which they have their registered office or official seat or, in the absence of such office or seat, their principal place of business.

2.   Interested parties not established in the Community shall address their request to the Commission.

3.   Requests shall be submitted using forms approved by the point of contact. These forms shall contain at least the items set out in Annex II.

Article 4

Special requests

An interested party which has submitted a particular report may address requests for information related to such report directly to the point of contact which received that report.

Article 5

Validation of the requestor

1.   A point of contact which receives a request shall check that it is made by an interested party.

2.   If an interested party addresses a request to a point of contact other than that which is competent to deal with such request pursuant to Article 3, it shall be invited to contact the competent point of contact.

Article 6

Evaluation of the request

1.   A point of contact which receives a request shall evaluate on a case-by-case basis whether the request is justified and practicable.

2.   If the request is accepted, the point of contact shall determine the amount and the level of information to be supplied. This shall be limited to what is strictly required for the purpose of the requestor, without prejudice to Article 8 of Directive 2003/42/EC. Information unrelated to the requestor’s own equipment, operations or field of activity shall be supplied only in aggregated or unidentified form, unless a detailed justification is provided by the requestor.

3.   Interested parties listed in Annex I(b) may be supplied only with information relating to the interested party’s own equipment, operations or field of activity.

Article 7

Decisions of general nature

A point of contact receiving a request from an interested party listed in Annex I(a) may take a general decision to supply information on a regular basis to that interested party provided that the information requested is related to the interested party’s own equipment, operations or field of activity.

Article 8

Use of the information and confidentiality

1.   The requestor shall only use the information received for the purpose specified in the request form, which should be compatible with the objective stated in Article 1 of Directive 2003/42/EC. The requestor shall not disclose the information received without the written consent of the provider.

2.   The requestor shall take the necessary measures to ensure appropriate confidentiality of the information received.

Article 9

Record of requests

Each point of contact shall record each request received by it and the action taken by it. That information shall be transmitted to the Commission whenever a request is received and/or action taken.

The Commission shall make available to all points of contact the updated list of requests received and action taken by the various points of contact and by the Commission itself.

Article 10

Means of dissemination

The points of contact may supply information to interested parties on paper or by using secure electronic means of communication.

For security reasons, direct access to data bases containing information received from other Member States pursuant to Article 6(1) of Directive 2003/42/EC shall not be granted to interested parties.

Article 11

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, 24 September 2007.

For the Commission

Jacques BARROT

Vice-President

---

(1)  
  OJ L 167, 4.7.2003, p. 23.

1

(2)  
  OJ L 373, 31.12.1991, p. 4. Regulation as last amended by Regulation (EC) No 1900/2006 of the European Parliament and of the Council (OJ L 377, 27.12.2006, p. 176).

2

---

ANNEX I

LIST OF INTERESTED PARTIES

(a)   List of interested parties which may receive information on the basis of a case by case decision in accordance with Article 6(2) or on the basis of a general decision under Article 7

| 1. | Manufacturers: designers and manufacturers of aircraft, engines, propellers and aircraft parts and appliances; designers and manufacturers of Air Traffic Management (ATM) systems and constituents; designers and manufacturers of systems and constituents for Air Navigation Services (ANS); designers and manufacturers of systems and equipments used on the air side of aerodromes |
| --- | --- |

1.

Manufacturers: designers and manufacturers of aircraft, engines, propellers and aircraft parts and appliances; designers and manufacturers of Air Traffic Management (ATM) systems and constituents; designers and manufacturers of systems and constituents for Air Navigation Services (ANS); designers and manufacturers of systems and equipments used on the air side of aerodromes

| 2. | Maintenance: organisations involved with the maintenance or overhaul of aircraft, engines, propellers and aircraft parts and appliances; with the installation, modification, maintenance, repair, overhaul, flight checking or inspection of air navigation facilities; or with maintenance or overhaul of aerodrome air side systems, constituents and equipment |
| --- | --- |

2.

Maintenance: organisations involved with the maintenance or overhaul of aircraft, engines, propellers and aircraft parts and appliances; with the installation, modification, maintenance, repair, overhaul, flight checking or inspection of air navigation facilities; or with maintenance or overhaul of aerodrome air side systems, constituents and equipment

| 3. | Operators: airlines and operators of aircraft and associations of airlines and operators; aerodrome operators and associations of aerodrome operators |
| --- | --- |

3.

Operators: airlines and operators of aircraft and associations of airlines and operators; aerodrome operators and associations of aerodrome operators

| 4. | Air navigation services providers and providers of ATM specific functions |
| --- | --- |

4.

Air navigation services providers and providers of ATM specific functions

| 5. | Aerodrome service providers: organisations in charge of ground handling of aircraft, including fuelling, servicing, loadsheet preparation, loading, de-icing and towing at an aerodrome, as well as rescue and fire fighting, or other emergency services |
| --- | --- |

5.

Aerodrome service providers: organisations in charge of ground handling of aircraft, including fuelling, servicing, loadsheet preparation, loading, de-icing and towing at an aerodrome, as well as rescue and fire fighting, or other emergency services

| 6. | Aviation training organisations |
| --- | --- |

6.

Aviation training organisations

| 7. | Third-country organisations: governmental aviation authorities and accident investigation bodies from third countries |
| --- | --- |

7.

Third-country organisations: governmental aviation authorities and accident investigation bodies from third countries

| 8. | International aviation organisations |
| --- | --- |

8.

International aviation organisations

| 9. | Research: public or private research laboratories, centres or entities; or universities engaged in aviation safety research or studies |
| --- | --- |

9.

Research: public or private research laboratories, centres or entities; or universities engaged in aviation safety research or studies

(b)   List of interested parties which may receive information on the basis of a case by case decision in accordance with Articles 6(2) and 6(3)

| 1. | Pilots (on personal basis) |
| --- | --- |

1.

Pilots (on personal basis)

| 2. | Air traffic controllers (on personal basis) and other ATM/ANS staff carrying out safety related tasks |
| --- | --- |

2.

Air traffic controllers (on personal basis) and other ATM/ANS staff carrying out safety related tasks

| 3. | Engineers/technicians/air traffic safety electronics personnel/aviation (or aerodrome) managers (on personal basis) |
| --- | --- |

3.

Engineers/technicians/air traffic safety electronics personnel/aviation (or aerodrome) managers (on personal basis)

| 4. | Professional representative bodies of staff carrying out safety-related tasks |
| --- | --- |

4.

Professional representative bodies of staff carrying out safety-related tasks

---

ANNEX II

Image 1

REQUEST FOR DATA FROM EUROPEAN OCCURRENCES DATABASE

1. Name:

Function/position:

Company:

Address:

Tel:

E-mail:

Date:

Nature of Business:

Category of interested party you fall into (see Annex I of Commission Regulation (EC) No 1330/2007 of 24 September 2007 implementing Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in civil aviation laying down measures for the dissemination to interested parties of information on civil aviation occurrences):

2. Data requested (please be as specific as possible in your request, stating the relevant date/period over which you are interested):

3. Reason for the request:

4. Explain the purpose the information will be used for:

5. Date by which the data is requested:

6. Completed form should be sent, via e-mail, to: (point of contact)

7. Access to data:

The point of contact is not required to make available any requested data. It may do so only if it is confident that the request is compatible with Directive 2003/42/EC and Regulation (EC) No 1330/2007. The requestor commits itself and its organisation to restrict the use of the data to the purpose it has described under point 4. It is also recalled that data provided on the basis of this request are made available only for the purposes of flight safety as provided in Directive 2003/42/EC and not for other purposes including attributing blame or liability or commercial purposes.

The requestor is not allowed to disclose data provided to it to anyone without written consent of the provider.

Failure to meet the above requirements may lead to the denial of access to further information from the European occurrences database and to any sanction where applicable.

8. Date, place and signature:

---

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

DECISIONS

Commission

| 14.11.2007 | EN | Official Journal of the European Union | L 295/12 |
| --- | --- | --- | --- |

14.11.2007

EN

Official Journal of the European Union

L 295/12

---

COMMISSION DECISION

of 16 October 2007

on the compatibility with Community law of measures taken by the United Kingdom pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities

(Text with EEA relevance)

(2007/730/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (1), and in particular Article 3a(2) thereof,

Having regard to the opinion of the Committee established pursuant to Article 23a of Directive 89/552/EEC,

Whereas:

| (1) | By letter of 25 September 1998, the United Kingdom (hereinafter ‘the UK’) notified to the Commission measures taken pursuant to Article 3a(1) of Directive 89/552/EEC. On 2 November 1998, the Commission communicated those measures to the other Member States and received observations of the Committee established pursuant to Article 23a of Directive 89/552/EEC, at its meeting on 20 November 1998. By letter of 23 December 1998, the Commission informed the UK that there were doubts as to the scope of the measures notified which prevented it from assessing whether those measures were compatible with Community law. The UK notified an amended version of these measures to the Commission by letter of 5 May 2000. |
| --- | --- |

(1)

By letter of 25 September 1998, the United Kingdom (hereinafter ‘the UK’) notified to the Commission measures taken pursuant to Article 3a(1) of Directive 89/552/EEC. On 2 November 1998, the Commission communicated those measures to the other Member States and received observations of the Committee established pursuant to Article 23a of Directive 89/552/EEC, at its meeting on 20 November 1998. By letter of 23 December 1998, the Commission informed the UK that there were doubts as to the scope of the measures notified which prevented it from assessing whether those measures were compatible with Community law. The UK notified an amended version of these measures to the Commission by letter of 5 May 2000.

| (2) | The Commission verified, within three months from this notification, that these measures are compatible with Community law, in particular as regards the proportionality of the measures and the transparency of the national consultation procedure. |
| --- | --- |

(2)

The Commission verified, within three months from this notification, that these measures are compatible with Community law, in particular as regards the proportionality of the measures and the transparency of the national consultation procedure.

| (3) | In its examination, the Commission took into consideration the available data on the UK media landscape. |
| --- | --- |

(3)

In its examination, the Commission took into consideration the available data on the UK media landscape.

| (4) | The list of events of major importance for society included in the UK measures was drawn up in a clear and transparent manner and a far-reaching consultation had been launched in the UK. |
| --- | --- |

(4)

The list of events of major importance for society included in the UK measures was drawn up in a clear and transparent manner and a far-reaching consultation had been launched in the UK.

| (5) | The Commission was satisfied that the events listed in the UK measures met at least two of the following criteria considered to be reliable indicators of the importance of events for society: (i) a special general resonance within the Member State, and not simply a significance to those who ordinarily follow the sport or activity concerned; (ii) a generally recognised, distinct cultural importance for the population in the Member State, in particular as a catalyst of cultural identity; (iii) involvement of the national team in the event concerned in the context of a competition or tournament of international importance; and (iv) the fact that the event has traditionally been broadcast on free television and has commanded large television audiences. |
| --- | --- |

(5)

The Commission was satisfied that the events listed in the UK measures met at least two of the following criteria considered to be reliable indicators of the importance of events for society: (i) a special general resonance within the Member State, and not simply a significance to those who ordinarily follow the sport or activity concerned; (ii) a generally recognised, distinct cultural importance for the population in the Member State, in particular as a catalyst of cultural identity; (iii) involvement of the national team in the event concerned in the context of a competition or tournament of international importance; and (iv) the fact that the event has traditionally been broadcast on free television and has commanded large television audiences.

| (6) | A significant number of the events listed in the UK measures, including the summer and winter Olympic Games as well as the World Cup Finals and the European Championship Finals tournaments, fall within the category of events traditionally considered to be of major importance for society, as referred to explicitly in recital 18 of Directive 97/36/EC. These events have a special general resonance in the UK in their entirety, as they are particularly popular with the general public (irrespective of the nationality of the participants), not just with those who usually follow sports events. |
| --- | --- |

(6)

A significant number of the events listed in the UK measures, including the summer and winter Olympic Games as well as the World Cup Finals and the European Championship Finals tournaments, fall within the category of events traditionally considered to be of major importance for society, as referred to explicitly in recital 18 of Directive 97/36/EC. These events have a special general resonance in the UK in their entirety, as they are particularly popular with the general public (irrespective of the nationality of the participants), not just with those who usually follow sports events.

| (7) | The FA Cup Final has a special general resonance in the UK as the pre-eminent single match in English domestic football and a true national occasion, as well as an event of worldwide renown. |
| --- | --- |

(7)

The FA Cup Final has a special general resonance in the UK as the pre-eminent single match in English domestic football and a true national occasion, as well as an event of worldwide renown.

| (8) | The Scottish FA Cup Final has a special general resonance in Scotland, as an event of similar stature to the (English) FA Cup Final. |
| --- | --- |

(8)

The Scottish FA Cup Final has a special general resonance in Scotland, as an event of similar stature to the (English) FA Cup Final.

| (9) | The Grand National has a general resonance in the UK as a long-established event of worldwide renown and appeal, as well as a generally recognised, distinct cultural importance for the population in that country, forming part of the UK national consciousness. |
| --- | --- |

(9)

The Grand National has a general resonance in the UK as a long-established event of worldwide renown and appeal, as well as a generally recognised, distinct cultural importance for the population in that country, forming part of the UK national consciousness.

| (10) | The Derby has a general resonance in the UK as the pre-eminent event in the flat racing season and a part of the national calendar, as well as a generally recognised, distinct cultural importance for the population in that country, as a quintessentially British occasion transcending social class and commanding interest throughout the country. |
| --- | --- |

(10)

The Derby has a general resonance in the UK as the pre-eminent event in the flat racing season and a part of the national calendar, as well as a generally recognised, distinct cultural importance for the population in that country, as a quintessentially British occasion transcending social class and commanding interest throughout the country.

| (11) | The Wimbledon Tennis Finals have a general resonance in the UK as the pre-eminent UK tennis tournament of worldwide renown, commanding extensive media coverage. Moreover, the general resonance and distinct cultural importance of this event in the UK is due to the success of the UK participants in this competition. |
| --- | --- |

(11)

The Wimbledon Tennis Finals have a general resonance in the UK as the pre-eminent UK tennis tournament of worldwide renown, commanding extensive media coverage. Moreover, the general resonance and distinct cultural importance of this event in the UK is due to the success of the UK participants in this competition.

| (12) | The Rugby League Challenge Cup Final and the Rugby World Cup tournament have a general resonance in the UK as events of wide general interest appealing to people who do not usually follow these competitions. The Six Nations Rugby Tournament matches involving home countries (2) have a special general resonance in the UK as an important event in the UK sporting calendar. |
| --- | --- |

(12)

The Rugby League Challenge Cup Final and the Rugby World Cup tournament have a general resonance in the UK as events of wide general interest appealing to people who do not usually follow these competitions. The Six Nations Rugby Tournament matches involving home countries (2) have a special general resonance in the UK as an important event in the UK sporting calendar.

| (13) | The cricket Test Matches played in England have a general resonance in the UK as the flagship events in the national summer sport, involving the England team and top overseas sides, with an appeal transcending social class and region. The Cricket World Cup matches (the final, semi-finals and matches involving home nations’ teams) have a general resonance in the UK as they form part of the only self-contained world championship in this sport, involving the UK teams in competition at the highest level. Moreover, these cricket events have a generally recognised, distinct cultural importance for the population in the UK due to its multi-cultural appeal, which helps social cohesion and reinforces the UK’s Commonwealth links. |
| --- | --- |

(13)

The cricket Test Matches played in England have a general resonance in the UK as the flagship events in the national summer sport, involving the England team and top overseas sides, with an appeal transcending social class and region. The Cricket World Cup matches (the final, semi-finals and matches involving home nations’ teams) have a general resonance in the UK as they form part of the only self-contained world championship in this sport, involving the UK teams in competition at the highest level. Moreover, these cricket events have a generally recognised, distinct cultural importance for the population in the UK due to its multi-cultural appeal, which helps social cohesion and reinforces the UK’s Commonwealth links.

| (14) | The Commonwealth Games have a special general resonance in the UK as an established event involving UK competitors in high-level competition. |
| --- | --- |

(14)

The Commonwealth Games have a special general resonance in the UK as an established event involving UK competitors in high-level competition.

| (15) | The World Athletics Championship has a special general resonance in the UK as the pre-eminent event devoted solely to athletics and involving UK participants at the highest level. |
| --- | --- |

(15)

The World Athletics Championship has a special general resonance in the UK as the pre-eminent event devoted solely to athletics and involving UK participants at the highest level.

| (16) | The Ryder Cup has a special general resonance in the UK as a major and unique international event involving UK players in top-level competition. |
| --- | --- |

(16)

The Ryder Cup has a special general resonance in the UK as a major and unique international event involving UK players in top-level competition.

| (17) | The (British) Open Golf Tournament has a special general resonance in the UK as the pre-eminent event in British golf, and one of the pre-eminent and the oldest events in world golf. |
| --- | --- |

(17)

The (British) Open Golf Tournament has a special general resonance in the UK as the pre-eminent event in British golf, and one of the pre-eminent and the oldest events in world golf.

| (18) | The listed events, including those to be considered as a whole and not as a series of individual events, have traditionally been broadcast on free television and have commanded large television audiences. Where, exceptionally, this has not been the case (the listed matches of the Cricket World Cup), the listing is limited (as it includes the final, semi-finals and matches involving national teams) and requires only adequate secondary coverage, and, in any case, fulfils two of the criteria considered to be reliable indicators of the importance of events for society (recital 13). |
| --- | --- |

(18)

The listed events, including those to be considered as a whole and not as a series of individual events, have traditionally been broadcast on free television and have commanded large television audiences. Where, exceptionally, this has not been the case (the listed matches of the Cricket World Cup), the listing is limited (as it includes the final, semi-finals and matches involving national teams) and requires only adequate secondary coverage, and, in any case, fulfils two of the criteria considered to be reliable indicators of the importance of events for society (recital 13).

| (19) | The UK measures appear proportionate so as to justify a derogation from the fundamental EC Treaty freedom to provide services on the basis of an overriding reason of public interest, which is to ensure wide public access to broadcasts of events of major importance for society. |
| --- | --- |

(19)

The UK measures appear proportionate so as to justify a derogation from the fundamental EC Treaty freedom to provide services on the basis of an overriding reason of public interest, which is to ensure wide public access to broadcasts of events of major importance for society.

| (20) | The UK measures are compatible with EC competition rules in that the definition of qualified broadcasters for the broadcasting of listed events is based on objective criteria that allow actual and potential competition for the acquisition of the rights to broadcast these events. In addition, the number of listed events is not disproportionate so as to distort competition on the downstream free television and pay television markets. |
| --- | --- |

(20)

The UK measures are compatible with EC competition rules in that the definition of qualified broadcasters for the broadcasting of listed events is based on objective criteria that allow actual and potential competition for the acquisition of the rights to broadcast these events. In addition, the number of listed events is not disproportionate so as to distort competition on the downstream free television and pay television markets.

| (21) | The proportionality of the UK measures is reinforced by the fact that a number of the events listed require adequate secondary coverage only. |
| --- | --- |

(21)

The proportionality of the UK measures is reinforced by the fact that a number of the events listed require adequate secondary coverage only.

| (22) | After communication by the Commission to the other Member States of the UK measures and consultation of the Committee established pursuant to Article 23a of Directive 89/552/EEC, the Director-General for Education and Culture informed the UK, by letter of 28 July 2000, that the European Commission did not intend to object to the measures notified. |
| --- | --- |

(22)

After communication by the Commission to the other Member States of the UK measures and consultation of the Committee established pursuant to Article 23a of Directive 89/552/EEC, the Director-General for Education and Culture informed the UK, by letter of 28 July 2000, that the European Commission did not intend to object to the measures notified.

| (23) | Those measures were published in the C Series of the Official Journal of the European Communities (3) in accordance with Article 3a(2) of Directive 89/552/EEC. |
| --- | --- |

(23)

Those measures were published in the C Series of the Official Journal of the European Communities (3) in accordance with Article 3a(2) of Directive 89/552/EEC.

| (24) | It follows from the judgment of the Court of First Instance in Case T-33/01, Infront WM v Commission, that the declaration that measures taken pursuant to Article 3a(1) of Directive 89/552/EEC are compatible with Community law constitutes a decision, which must therefore be adopted by the Commission. Accordingly, it is necessary to declare by this Decision that the measures notified by the UK are compatible with Community law. The measures, as set out in the Annex to this Decision, should be published in the Official Journal of the European Union in accordance with Article 3a(2) of Directive 89/552/EEC. |
| --- | --- |

(24)

It follows from the judgment of the Court of First Instance in Case T-33/01, Infront WM v Commission, that the declaration that measures taken pursuant to Article 3a(1) of Directive 89/552/EEC are compatible with Community law constitutes a decision, which must therefore be adopted by the Commission. Accordingly, it is necessary to declare by this Decision that the measures notified by the UK are compatible with Community law. The measures, as set out in the Annex to this Decision, should be published in the Official Journal of the European Union in accordance with Article 3a(2) of Directive 89/552/EEC.

| (25) | In order to guarantee legal certainty, this Decision should apply as from the date of the first publication in the Official Journal of the European Union of the measures notified by the UK, |
| --- | --- |

(25)

In order to guarantee legal certainty, this Decision should apply as from the date of the first publication in the Official Journal of the European Union of the measures notified by the UK,

HAS DECIDED AS FOLLOWS:

Article 1

The measures taken pursuant to Article 3a(1) of Directive 89/552/EEC and notified by the United Kingdom to the Commission on 5 May 2000, as published in the
  Official Journal of the European Communities C 328 of 18 November 2000, are compatible with Community law.

Article 2

The measures, as set out in the Annex to this Decision, shall be published in the Official Journal of the European Union in accordance with Article 3a(2) of Directive 89/552/EEC.

Article 3

This Decision shall apply as from 18 November 2000.

Done at Brussels, 16 October 2007.

For the Commission

Viviane REDING

Member of the Commission

---

(1)  
  OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).

1

(2)  The UK list was amended in 2001 following the change of name of this event from Five Nations Rugby Tournament to Six Nations Rugby Tournament.

2

(3)  
  OJ C 328, 18.11.2000, p. 2.

3

---

ANNEX

The measures taken by the UK to be published pursuant to Article 3a(2) of Directive 89/552/EEC are set out in the following extracts:

[Extracts from Part IV of the Broadcasting Act 1996]

BROADCASTING ACT 1996

Chapter 55

PART IV

Sporting and other events of national interest

Listed events

| 97. | (1) | For the purposes of this Part, a listed event is a sporting or other event of national interest which is for the time being included in a list drawn up by the Secretary of State for the purposes of this Part. |
| --- | --- | --- |

97.

(1)

| (2) | The Secretary of State shall not at any time draw up, revise or cease to maintain such a list as is mentioned in subsection 1 unless he has first consulted:






  (a) | the BBC; |
| --- | --- | --- |

(2)

(a)

the BBC;

| (b) | the Welsh Authority; |
| --- | --- |

(b)

the Welsh Authority;

| (c) | the Commission; and |
| --- | --- |

(c)

the Commission; and

| (d) | in relation to a relevant event, the person from whom the rights to televise that event may be acquired; |
| --- | --- |

(d)

in relation to a relevant event, the person from whom the rights to televise that event may be acquired;

and for the purposes of this subsection a relevant event is a sporting or other event of national interest which the Secretary of State proposes to include in, or omit from, the list.

| (3) | As soon as he has drawn up or revised such a list as is mentioned in subsection 1, the Secretary of State shall publish the list in such manner as he considers appropriate for bringing it to the attention of:






  (a) | the persons mentioned in subsection 2; and |
| --- | --- | --- |

(3)

(a)

the persons mentioned in subsection 2; and

| (b) | every person who is the holder of a licence granted by the Commission under Part I of the 1990 Act or a digital programme licence granted by them under Part I of this Act. |
| --- | --- |

(b)

every person who is the holder of a licence granted by the Commission under Part I of the 1990 Act or a digital programme licence granted by them under Part I of this Act.

| (4) | In this section ‘national interest’ includes interest within England, Scotland, Wales or Northern Ireland. |
| --- | --- |

(4)

| (5) | The addition of any relevant event to such a list as is mentioned in subsection 1 shall not affect:






  (a) | the validity of any contract entered into before the date on which the Secretary of State consulted the persons mentioned in subsection 2 in relation to the proposed addition; or |
| --- | --- | --- |

(5)

(a)

the validity of any contract entered into before the date on which the Secretary of State consulted the persons mentioned in subsection 2 in relation to the proposed addition; or

| (b) | the exercise of any rights acquired under such a contract. |
| --- | --- |

(b)

the exercise of any rights acquired under such a contract.

| (6) | The list drawn up by the Secretary of State for the purposes of section 182 of the 1990 Act, as that list is in force immediately before the commencement of this section, shall be taken to have been drawn up for the purposes of this Part. |
| --- | --- |

(6)

Categories of service

| 98. | (1) | For the purposes of this Part, television programme services shall be divided into two categories as follows:






  (a) | such of the services specified in subsection 2 as are provided without any charge being made for the reception of programmes included in the service; |
| --- | --- | --- | --- |

98.

(1)

(a)

such of the services specified in subsection 2 as are provided without any charge being made for the reception of programmes included in the service;

| (b) | all televison programme services not for the time being falling within paragraph (a). |
| --- | --- |

(b)

all televison programme services not for the time being falling within paragraph (a).

| (2) | The services referred to in subsection 1(a) are:






  (a) | regional and national Channel 3 services; |
| --- | --- | --- |

(2)

(a)

regional and national Channel 3 services;

| (b) | Channel 4; and |
| --- | --- |

(b)

Channel 4; and

| (c) | the television broadcasting services provided by the BBC. |
| --- | --- |

(c)

the television broadcasting services provided by the BBC.

| (3) | The Secretary of State may by order amend subsection 2 so as to remove any service from, or add any service to, the services specified in it. |
| --- | --- |

(3)

| (4) | An order under subsection 3 shall be subject to annulment in pursuance of a resolution of either House of Parliament. |
| --- | --- |

(4)

[...]

Restriction on televising of listed event

| 101. | (1) | A person providing a service falling within either of the categories set out in subsection 1 of section 98 (the first service) for reception in the United Kingdom or in any area of the United Kingdom shall not, without the previous consent of the Commission, include in that service live coverage of the whole or any part of a listed event unless:






  (a) | another person, who is providing a service falling within the other category set out in that subsection (the second service), has acquired the right to include in the second service live coverage of the whole of the event or of that part of the event; and |
| --- | --- | --- | --- |

101.

(1)

(a)

another person, who is providing a service falling within the other category set out in that subsection (the second service), has acquired the right to include in the second service live coverage of the whole of the event or of that part of the event; and

| (b) | the area for which the second service is provided consists of or includes the whole, or substantially the whole, of the area for which the first service is provided. |
| --- | --- |

(b)

the area for which the second service is provided consists of or includes the whole, or substantially the whole, of the area for which the first service is provided.

| (2) | The Commission may revoke any consent given by them under subsection 1. |
| --- | --- |

(2)

| (3) | Failure to comply with subsection 1 shall not affect the validity of any contract. |
| --- | --- |

(3)

| (4) | Subsection 1 shall not have effect where the television programme provider providing the first service is exercising rights acquired before the commencement of this section. |
| --- | --- |

(4)

Power of Commission to impose penalty

| 102. | (1) | If the Commission:






  (a) | are satisfied that the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has failed to comply with subsection 1 of section 101; and |
| --- | --- | --- | --- |

102.

(1)

(a)

are satisfied that the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has failed to comply with subsection 1 of section 101; and

| (b) | are not satisfied that in all the circumstances it would be unreasonable to expect him to have complied with that subsection; |
| --- | --- |

(b)

are not satisfied that in all the circumstances it would be unreasonable to expect him to have complied with that subsection;

they may require him to pay, within a specified period, a specified financial penalty to the Commission.

| (2) | If the Commission are satisfied that, in connection with an application for consent under subsection 1 of section 101, the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has:






  (a) | provided them with information which was false in a material particular; or |
| --- | --- | --- |

(2)

(a)

provided them with information which was false in a material particular; or

| (b) | withheld any material information with the intention of causing the Commission to be misled; |
| --- | --- |

(b)

withheld any material information with the intention of causing the Commission to be misled;

they may require him to pay, within a specified period, a specified financial penalty to the Commission.

| (3) | The amount of any financial penalty imposed on any person under subsection 1 or 2 shall not exceed the amount produced by multiplying the relevant consideration by the prescribed multiplier. |
| --- | --- |

(3)

| (4) | In subsection 3:






  (a) | ‘the relevant consideration’ means an amount determined by the Commission as representing so much of any consideration paid by the person on whom the penalty is being imposed as is attributable to the acquisition of the rights to televise the event in question; and |
| --- | --- | --- |

(4)

(a)

‘the relevant consideration’ means an amount determined by the Commission as representing so much of any consideration paid by the person on whom the penalty is being imposed as is attributable to the acquisition of the rights to televise the event in question; and

| (b) | ‘the prescribed multiplier’ means such number as the Secretary of State may from time to time by order prescribe. |
| --- | --- |

(b)

‘the prescribed multiplier’ means such number as the Secretary of State may from time to time by order prescribe.

| (5) | An order under subsection 4(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament. |
| --- | --- |

(5)

| (6) | Where the Commission receive any amount payable to them by virtue of subsection 1 or 2, that amount shall not form part of the revenues of the Commission but shall be paid into the Consolidated Fund. |
| --- | --- |

(6)

| (7) | Any amount payable by any person to the Commission by virtue of subsection 1 or 2 shall be recoverable by them as a debt due to them from that person. |
| --- | --- |

(7)

Report to Secretary of State

| 103. | (1) | If the Commission:






  (a) | are satisfied that a broadcasting body has failed to comply with subsection 1 of section 101; and |
| --- | --- | --- | --- |

103.

(1)

(a)

are satisfied that a broadcasting body has failed to comply with subsection 1 of section 101; and

| (b) | are not satisfied that in all the circumstances it would be unreasonable to expect the body to have complied with that subsection, |
| --- | --- |

(b)

are not satisfied that in all the circumstances it would be unreasonable to expect the body to have complied with that subsection,

they shall make a report on the matter to the Secretary of State.

| (2) | If the Commission are satisfied that, in connection with an application for consent under subsection 1 of section 101, a broadcasting body has:






  (a) | provided them with information which was false in a material particular: or |
| --- | --- | --- |

(2)

(a)

provided them with information which was false in a material particular: or

| (b) | withheld any material information with the intention of causing the Commission to be misled, |
| --- | --- |

(b)

withheld any material information with the intention of causing the Commission to be misled,

they shall make a report on the matter to the Secretary of State.

| (3) | In this section ‘broadcasting body’ means the BBC or the Welsh Authority. |
| --- | --- |

(3)

Code of guidance

| 104. | (1) | The Commission shall draw up, and may from time to time review, a code:






  (a) | specifying the circumstances in which the televising of listed events generally, or of a particular listed event, is, or is not, to be treated as live for the purposes of this Part; and |
| --- | --- | --- | --- |

104.

(1)

(a)

specifying the circumstances in which the televising of listed events generally, or of a particular listed event, is, or is not, to be treated as live for the purposes of this Part; and

| (b) | giving guidance as to the matters which they will take into account in determining:






  (i) | whether to give or revoke their consent under section 101(1), or |
| --- | --- | --- |

(b)

giving guidance as to the matters which they will take into account in determining:

(i)

whether to give or revoke their consent under section 101(1), or

| (ii) | for the purposes of section 102(1) or 103(1), whether in all the circumstances it is unreasonable to expect a television programme provider to comply with section 101(1). |
| --- | --- |

(ii)

for the purposes of section 102(1) or 103(1), whether in all the circumstances it is unreasonable to expect a television programme provider to comply with section 101(1).

| (2) | In exercising their powers under this Part, the Commission shall have regard to the provisions of the code. |
| --- | --- |

(2)

| (3) | Before drawing up or revising the code the Commission shall consult such persons as appear to the Commission to be appropriate. |
| --- | --- |

(3)

| (4) | As soon as the Commission have drawn up or revised such a code, the Commission shall publish the code in such manner as they consider appropriate for bringing it to the attention of:






  (a) | the BBC; |
| --- | --- | --- |

(4)

(a)

the BBC;

| (b) | the Welsh Authority; |
| --- | --- |

(b)

the Welsh Authority;

| (c) | every person from whom the rights to televise a listed event may be acquired;
  and |
| --- | --- |

(c)

every person from whom the rights to televise a listed event may be acquired;

and

| (d) | every person who is the holder of a licence granted by the Commission under Part I of the 1990 Act or a digital programme licence granted by them under Part I of this Act. |
| --- | --- |

(d)

every person who is the holder of a licence granted by the Commission under Part I of the 1990 Act or a digital programme licence granted by them under Part I of this Act.

Interpretation of Part IV and supplementary provisions

| 105. | (1) | In this Part (unless the context otherwise requires): | ‘Channel 4’ has the same meaning as in Part I of the 1990 Act; |
| --- | --- | --- | --- |

105.

(1)

‘Channel 4’ has the same meaning as in Part I of the 1990 Act;

| | ‘the Commission’ means the Independent Television Commission; |
| --- | --- |

‘the Commission’ means the Independent Television Commission;

| | ‘listed event’ has the meaning given by section 97(1); |
| --- | --- |

‘listed event’ has the meaning given by section 97(1);

| | ‘live’ shall be construed in accordance with the code drawn up under section 104; |
| --- | --- |

‘live’ shall be construed in accordance with the code drawn up under section 104;

| | ‘national Channel 3 service’ and ‘regional Channel 3 service’ have the same meaning as in Part I of the 1990 Act; |
| --- | --- |

‘national Channel 3 service’ and ‘regional Channel 3 service’ have the same meaning as in Part I of the 1990 Act;

| | ‘television broadcasting service’ has the same meaning as in Part I of the 1990 Act; |
| --- | --- |

‘television broadcasting service’ has the same meaning as in Part I of the 1990 Act;

| | ‘television programme provider’ has the meaning given by section 99(2); |
| --- | --- |

‘television programme provider’ has the meaning given by section 99(2);

| | ‘television programme service’ has the same meaning as in Part I of the 1990 Act. |
| --- | --- |

‘television programme service’ has the same meaning as in Part I of the 1990 Act.

| (2) | Section 182 of the 1990 Act (certain events not to be shown on pay-per-view terms) shall cease to have effect. |
| --- | --- |

(2)

[Extracts from the Television Broadcasting Regulations 2000]

STATUTORY INSTRUMENTS

2000 No 54

BROADCASTING

The Television Broadcasting Regulations 2000

Made: 14 January 2000

Laid before Parliament: 14 January 2000

Coming into force: 19 January 2000

Whereas the Secretary of State is a Minister designated (1) for the purposes of section 2(2) of the European Communities Act 1972 (2) with regard to measures relating to television broadcasting;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 2(2) of the European Communities Act 1972 and all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

| 1. | (1) | These Regulations may be cited as the Television Broadcasting Regulations 2000 |
| --- | --- | --- |

1.

(1)

| (2) | These Regulations shall come into force on 19 January 2000. |
| --- | --- |

(2)

[...]

Amendments of Broadcasting Act 1996

3.   Part IV of the Broadcasting Act 1996 (3) (sporting and other events of national interest) is amended in accordance with the Schedule to these Regulations.

[...]

14 January 2000

Chris Smith

Secretary of State for Culture, Media and Sport

SCHEDULE

Regulation 3

Amendments of broadcasting act 1996: sporting and other events of national interest

1.   For section 98 there is substituted:

Categories of service

| 98. | (1) | For the purposes of this Part, television programme services and EEA satellite services shall be divided into two categories as follows:






  (a) | those television programme services and EEA satellite services which for the time being satisfy the qualifying conditions, and |
| --- | --- | --- | --- |

98.

(1)

(a)

those television programme services and EEA satellite services which for the time being satisfy the qualifying conditions, and

| (b) | all other television programme services and EEA satellite services. |
| --- | --- |

(b)

all other television programme services and EEA satellite services.

| (2) | In this section, ‘the qualifying conditions’, in relation to a service, means the conditions:






  (a) | that the service is provided without any consideration being required for reception of the service, and |
| --- | --- | --- |

(2)

(a)

that the service is provided without any consideration being required for reception of the service, and

| (b) | that the service is received by at least 95 % of the population of the United Kingdom. |
| --- | --- |

(b)

that the service is received by at least 95 % of the population of the United Kingdom.

| (3) | There shall be disregarded for the purposes of subsection (2)(a) any fee payable in respect of a television licence, as defined by section 1(7) of the Wireless Telegraphy Act 1949. |
| --- | --- |

(3)

| (4) | The condition in subsection (2)(b):






  (a) | is to be taken to be satisfied in relation to a regional Channel 3 service if it is satisfied in relation to Channel 3 as a whole, and |
| --- | --- | --- |

(4)

(a)

is to be taken to be satisfied in relation to a regional Channel 3 service if it is satisfied in relation to Channel 3 as a whole, and

| (b) | is to be taken to be satisfied in relation to Channel 4 if it is satisfied in relation to Channel 4 and S4C taken together. |
| --- | --- |

(b)

is to be taken to be satisfied in relation to Channel 4 if it is satisfied in relation to Channel 4 and S4C taken together.

| (5) | The Commission shall from time to time publish a list of the television programme services and EEA satellite services which appear to them to satisfy the qualifying conditions. |
| --- | --- |

(5)

| (6) | In this section, ‘EEA satellite service’ means any service which:






  (a) | consists in the transmission for general reception of television programmes by satellite, and |
| --- | --- | --- |

(6)

(a)

consists in the transmission for general reception of television programmes by satellite, and

| (b) | is provided by a person who for the purposes of Council Directive 89/552/EEC is under the jurisdiction of an EEA State other than the United Kingdom. |
| --- | --- |

(b)

is provided by a person who for the purposes of Council Directive 89/552/EEC is under the jurisdiction of an EEA State other than the United Kingdom.

[...]

3.   In Section 101 (restriction on televising of listed event), in subsection (1), for ‘person’, in the first place where it occurs, there is substituted ‘television programme provider’.

[...]

9.   In section 105(1) (interpretation of Part IV):

| (a) | after the definition of ‘the Commission’ there is inserted: ‘designated event, in relation to an EEA State other than the United Kingdom, has the meaning given by section 101A;’; |
| --- | --- |

(a)

after the definition of ‘the Commission’ there is inserted: ‘designated event, in relation to an EEA State other than the United Kingdom, has the meaning given by section 101A;’;

| (b) | in the definition of ‘live’, before ‘shall’ there is inserted ‘in relation to the televising of a listed event’; and |
| --- | --- |

(b)

in the definition of ‘live’, before ‘shall’ there is inserted ‘in relation to the televising of a listed event’; and

| (c) | after the definition of ‘national Channel 3 service’ and ‘regional Channel 3 service’ there is inserted: ‘S4C has the same meaning as in Part I of the 1990 Act;’ |
| --- | --- |

(c)

after the definition of ‘national Channel 3 service’ and ‘regional Channel 3 service’ there is inserted: ‘S4C has the same meaning as in Part I of the 1990 Act;’

[Extracts from the ITC Code on Sports and other Listed Events, revised January 2000]

Code on sports and other listed events

(revised January 2000)

Foreword

1.   The Broadcasting Act 1996, (the ‘Act’) as amended by the Television Broadcasting Regulations 2000 (the ‘Regulations’), requires the ITC to draw up, and from time to time review, a code giving guidance on certain matters relating to the televising of sports and other events of national interest which have been listed by the Secretary of State for Culture, Media and Sport. This code has been produced by the ITC, after consultation with broadcasters, sports bodies, the holders of sports rights and other interested parties, for the purpose of fulfilling this statutory duty, as defined under Section 104 of the Act. [...]

2.   The Act restricts the acquisition by television programme providers of exclusive rights to the whole or any part of live television coverage of listed events and the broadcasting on an exclusive basis of such coverage without the previous consent of the ITC (see Part IV of the Act). Under the Act the ITC has powers to impose a financial penalty on its licensees if the restrictions on broadcasting live coverage of listed events have not been observed, if the ITC has been given false information or if material information has been withheld. In the case of the BBC and S4C the ITC must report the matter to the Secretary of State. The ITC will have regard to the provisions of the Code in exercising these powers.

3.   
  ‘Listed events’ are drawn up by the Secretary of State in accordance with the Act, and the current list is at Appendix 1. The Secretary of State may add events to and delete events from the list at any time, but only after consultation with the BBC, the Welsh Authority, the ITC and the holder of the rights for the event in question. In June 1998 the Secretary of State extended the list to include Group B events on the understanding that they would be treated differently from Group A events. Group A events are those events which may not be covered live on an exclusive basis unless certain criteria are met. The criteria and matters to be taken into account by the ITC are set out at paragraphs 12 to 16. Group B events are those events that may not be broadcast live on an exclusive basis unless adequate provision has been made for secondary coverage. The minimum standard of secondary coverage the ITC will regard as adequate provision is set out at paragraphs 17 and 18.

[...]

General provision and background

6.   For the purpose of the live broadcasting of listed events the Act defines two categories of television programme services: those television programme services and EEA satellite services which for the time being satisfy the qualifying conditions (the first category) and all other television programme services and EEA satellite services (the second category). The qualifying conditions are defined as (a) that the service is provided without any consideration being required for reception for the service and (b) that the service is received by at least 95 % of the population of the United Kingdom. Television programme services and EEA satellite services which fall within the first category will appear in a list published from time to time by the ITC (see Appendix 2). These requirements are set out in the Act as amended by the Television Broadcasting Regulations 2000. Any contract for televising live coverage of a listed event which is entered into by a broadcaster must state that the rights are available for showing the event on a service falling within only one of the two categories, i.e., separate contracts must exist for each category. A broadcaster providing a service in either category (the first service) is prohibited from showing exclusively live coverage of the whole or any part of a Group A event without the previous consent of the Commission unless a broadcaster providing a service in the other category (the second service) has acquired the right to show live coverage of the event or the same part of the event. The area served by the second service must consist of or include the whole, or substantially the whole, of the area served by the first service. The first and second services may be provided by licensees in the same ownership, but between them they must include a broadcaster in each of the two categories described above.

7.   The restrictions apply only to rights acquired either after the commencement of Section 101 of the 1996 Act, i.e. 1 October 1996 or after the Secretary of State began to consult rights holders about changes to the list, i.e. 25 November 1997, as shown in Appendix 1.

8.   An event may be listed because it is of ‘national’ interest within England, Scotland, Wales or Northern Ireland separately. This is the basis on which the Scottish FA Cup Final, for example, has been listed. The Act allows for those events to be shown only in the relevant part of the United Kingdom in which there is likely to be most viewer interest. The reference to Channel 3 in Appendix 2, therefore, means individual or groups of regional Channel 3 services, or Channel 3 as a whole.

9.   The Act is concerned with providing an opportunity for live coverage to be made available. It is important to emphasise that the Act does not require or guarantee live coverage of listed events, including coverage on Channel 3, Channel 4 and the BBC. Nor does the Act prohibit exclusive live coverage of listed events on these or other services subjects to the ITC being satisfied that certain criteria have been met (see paragraphs 12-18).

10.   The specific guidance which the ITC is required to give is set out below. The ITC will keep this guidance under review and may amend it in the light of experience.

Definition of ‘live’

11.   Section 104 of the Act requires the ITC to specify the circumstances in which the coverage of listed events generally, or of a particular listed event, is, or is not, to be treated as live. In considering this matter the ITC has taken the view that the interests of viewers lie in allowing them to participate in the event as it happens, as far as possible. This suggests that live television coverage of most sports events, including those taking place in different time zones, should be defined as coverage which is simultaneous with the event (i.e. as the event is happening). However, given the different nature and length of events, no single definition is possible. The following interpretation should allow for necessary flexibility:

| — | the restrictions on live coverage will apply while the event concerned is in progress, |
| --- | --- |

—

the restrictions on live coverage will apply while the event concerned is in progress,

| — | if the event involves separate games or matches, the restrictions will apply while each game or match is in progress, |
| --- | --- |

—

if the event involves separate games or matches, the restrictions will apply while each game or match is in progress,

| — | in the case of a single event which is scheduled to last over several days the restrictions will apply to each day’s play, while it is in progress, |
| --- | --- |

—

in the case of a single event which is scheduled to last over several days the restrictions will apply to each day’s play, while it is in progress,

| — | in the case of an event which consists of defined separate parts which overlap in time (e.g. the Olympic Games or the FIFA World Cup Finals) and cannot therefore be televised simultaneously in full, the restrictions will apply to each match or competition as if it was a single event. |
| --- | --- |

—

in the case of an event which consists of defined separate parts which overlap in time (e.g. the Olympic Games or the FIFA World Cup Finals) and cannot therefore be televised simultaneously in full, the restrictions will apply to each match or competition as if it was a single event.

Matters to be taken into account in giving or revoking consent for exclusive coverage

12.   Under Section 104(1)(b) of the Act the ITC is required to provide guidance as to the matters it will take into account in determining whether to grant its consent to a broadcaster providing a service in one category (the first service) to provide exclusive live coverage of an event (of part of an event) where no broadcaster providing a service in the other category (the second service) has acquired the same rights, or where the area for which the second service is to be provided does not consist of or include the whole, or substantially the whole, of the area for which the first service is provided.

13.   In deciding whether to give its consent it may be sufficient for the ITC to establish that the availability of the rights was generally known and no broadcaster providing a service in the other category had expressed an interest in their acquisition to the rights holder, or had not bid for the rights. However, the ITC will wish to be satisfied that broadcasters have had a genuine opportunity to acquire the rights on fair and reasonable terms and, in reaching a view, will take account of some or all of the following criteria:

| — | any invitation to express interest, whether in the form of public advertisement or closed tender, in the acquisition of the rights must have been communicated openly and simultaneously to broadcasters providing services in both categories, |
| --- | --- |

—

any invitation to express interest, whether in the form of public advertisement or closed tender, in the acquisition of the rights must have been communicated openly and simultaneously to broadcasters providing services in both categories,

| — | at the beginning of any negotiation the documentation and/or marketing literature must set out in all material respects the process for negotiating and acquiring the rights and all material terms and conditions, including what rights were available, |
| --- | --- |

—

at the beginning of any negotiation the documentation and/or marketing literature must set out in all material respects the process for negotiating and acquiring the rights and all material terms and conditions, including what rights were available,

| — | if the rights to the listed event were included in a package of rights, the package must not have been more attractive to broadcasters providing services in one of the two categories. Preferably, the rights should be capable of being purchased independently of other rights, e.g. to highlights, delayed transmissions, other events, |
| --- | --- |

—

if the rights to the listed event were included in a package of rights, the package must not have been more attractive to broadcasters providing services in one of the two categories. Preferably, the rights should be capable of being purchased independently of other rights, e.g. to highlights, delayed transmissions, other events,

| — | the conditions or costs attached to the acquisition of the rights (for example, production costs) must have been clearly stated and must not be preferential to one category of service, |
| --- | --- |

—

the conditions or costs attached to the acquisition of the rights (for example, production costs) must have been clearly stated and must not be preferential to one category of service,

| — | the price sought for the rights must have been fair, reasonable and non-discriminatory as between the two categories of programme service. What is a fair price will depend upon the rights being offered and the value of those rights to broadcasters. A wide range of prices is likely to be regarded as fair but when required to make its own judgment on the matter the ITC will have regard to, inter alia: |
| --- | --- |

—

the price sought for the rights must have been fair, reasonable and non-discriminatory as between the two categories of programme service. What is a fair price will depend upon the rights being offered and the value of those rights to broadcasters. A wide range of prices is likely to be regarded as fair but when required to make its own judgment on the matter the ITC will have regard to, inter alia:

| — | previous fees for the event or similar events, |
| --- | --- |

—

previous fees for the event or similar events,

| — | time of day for live coverage of the event, |
| --- | --- |

—

time of day for live coverage of the event,

| — | the revenue or audience potential associated with the live transmission of the event (e.g. the opportunity to sell advertising and sponsorship; the prospects for subscription income), |
| --- | --- |

—

the revenue or audience potential associated with the live transmission of the event (e.g. the opportunity to sell advertising and sponsorship; the prospects for subscription income),

| — | the period for which rights are offered, and |
| --- | --- |

—

the period for which rights are offered, and

| — | competition in the market place. |
| --- | --- |

—

competition in the market place.

14.   A genuine opportunity to acquire the rights also requires that broadcasters are given a reasonable time in which to do so. What constitutes a reasonable time will depend upon the circumstances of each case, including the complexity of negotiations and the production and transmission of the programme surrounding the event, and the proximity of the event to the date on which the rights are offered. The time allowed should give all parties a realistic opportunity to negotiate and reach agreement, but should not be unduly protracted, thereby preventing or restricting broadcasters from complying with this Code.

15.   The ITC’s consent is also required where the area for which the service is to be provided does not consist of or include the whole, or substantially the whole, of the area for which the other service is to be provided. In considering whether to give its consent the ITC will take account of the interests of the viewers in the different areas and the transmission coverage areas of the different broadcasters.

16.   Consent will normally be given for the full period for which rights are acquired in recognition of the fact that the price paid will, inter alia, reflect the duration of the rights. However, the ITC will revoke its consent if the broadcaster to whom the consent has been given requests it, or if the consent has been given on the basis of false or misleading information. Additionally, the ITC will consider revoking its consent if it appears that rights have been acquired for an extended period in order to circumvent the spirit of the Act. In determining what is an extended period the ITC will have regard to precedents for this and similar events, including the periods for which rights are granted to non-United Kingdom broadcasters for overseas transmissions.

17.   For those events listed in Group B in Appendix 1, the ITC will give its consent to exclusive live coverage of an event by a broadcaster providing a service in one category (the first service) if adequate provision has been made for secondary coverage by a broadcaster providing a service in the other category (the second service). The minimum which the ITC will consider to be adequate is where the second service has acquired rights for the provision of edited highlights or delayed coverage amounting to at least 10 % of the scheduled duration of the event (or the play in the event taking place on any on day), subject to a minimum of 30 minutes for an event (or the play in the event on any day) lasting an hour or more, whichever is the greater. For these purposes, where an event has a number of different components taking place concurrently the scheduled duration of the event is defined as the time elapsed between the scheduled beginning of the first component of the event on that day. The second service must have editorial control over the content and scheduling of the edited highlights or delayed coverage except that a restriction may be imposed that the second service shall not begin broadcasting the edited highlights or delayed coverage until a period has elapsed following the scheduled conclusion of the event (or the play in the event on any day). The maximum period which may be set is follows:

| For an event scheduled to finish | Maximum delay |
| --- | --- |
| After midnight and up to 8 am | Edited highlights or delayed coverage to start not later than 10.00 am. |
| Between 8.00 am and 8.30 pm | Up to 2 hours. |
| Between 8.30 pm and 10.00 pm | Edited highlights or delayed coverage to start not later than 10.30 pm. |
| Between 10.00 pm and midnight | Up to 30 minutes. |

For an event scheduled to finish

Maximum delay

After midnight and up to 8 am

Edited highlights or delayed coverage to start not later than 10.00 am.

Between 8.00 am and 8.30 pm

Up to 2 hours.

Between 8.30 pm and 10.00 pm

Edited highlights or delayed coverage to start not later than 10.30 pm.

Between 10.00 pm and midnight

Up to 30 minutes.

18.   In addition to the above, the right to provide live radio commentary on the event must have been acquired by a radio station with national coverage or an organisation providing a sports service to radio stations which form a national (or near national) network.

19.   The situation may arise where a second service is unable or unwilling to provide adequate secondary coverage or any secondary coverage at all. The ITC will then consider whether to give its consent to exclusive live coverage without secondary coverage and the same or similar criteria as set out in paragraphs 12 to 16 will apply.

Circumstances in which sanctions might not be imposed

20.   Section 104 also requires the ITC to give guidance on the matters which it will take into account in deciding whether it is unreasonable to expect a television programme provider to comply with the restrictions on broadcasting live coverage of listed events and therefore whether sanctions should be imposed if the restrictions are not observed. Given the long lead times which are generally available for offering, selling and acquiring the rights, the ITC believes that there are very few circumstances in which it would be reasonable for a broadcaster to proceed with exclusive coverage without the ITC’s consent. A broadcaster who proceeds to broadcast a listed event live without the ITC’s consent and where this is not in compliance with Section 101(1) will need to convince the ITC that the period between the rights becoming available and the event taking place was too short for this consent to be obtained or that he believed he had complied but that belief was based on false information. In the latter situation, however, the ITC will need to be convinced that the broadcaster had taken all reasonable steps to satisfy himself that another broadcaster providing a service in the other category had acquired the rights.

Procedures for seeking consent

21.   A request for the ITC’s consent for exclusive live coverage of a listed event must be made in writing to the ITC’s Secretary and be accompanied by full reasons and justification for the request and all relevant supporting information. Requests should be made well in advance (wherever possible, no less than three months) of the event taking place to give the ITC sufficient time to consider whether consent should be given. As a first step in considering the request the ITC will normally issue a public notice inviting any broadcasters providing a service in the other category from the one to which the applicant belongs, or rights holders and other interested parties to comment on the request. Depending on the response and on the ITC’s own investigations into the matter, the applicant may be asked to supply additional information in writing and/or to attend a meeting with ITC staff.

22.   Broadcasters should note that under the Act ITC consent is needed for exclusive live coverage of Group B events even if the minimum requirements set out in paragraphs 17 and 18 are met. However, in these circumstances consent will be given automatically.

23.   The ITC will respond as quickly as possible to any request. The ITC will publish its decisions and its reasons, but, in doing so, will have regard to the legitimate interest of the parties in the protection of confidentiality.

[...]

January 2000

APPENDIX 1

UK listed sporting events

Group A

| | The Olympic Games |
| --- | --- |

The Olympic Games

| | The FIFA World Cup Finals Tournament |
| --- | --- |

The FIFA World Cup Finals Tournament

| | The FA Cup Final |
| --- | --- |

The FA Cup Final

| | The Scottish FA Cup final (in Scotland) |
| --- | --- |

The Scottish FA Cup final (in Scotland)

| | The Grand National |
| --- | --- |

The Grand National

| | The Derby |
| --- | --- |

The Derby

| | The Wimbledon Tennis finals |
| --- | --- |

The Wimbledon Tennis finals

| | The European Football Championship finals Tournament |
| --- | --- |

The European Football Championship finals Tournament

| | The Rugby League Challenge Cup final (*) |
| --- | --- |

The Rugby League Challenge Cup final (*)

| | The Rugby World Cup final (*) |
| --- | --- |

The Rugby World Cup final (*)

Group B

| | Cricket Test matches played in England |
| --- | --- |

Cricket Test matches played in England

| | Non-finals play in the Wimbledon Tournament |
| --- | --- |

Non-finals play in the Wimbledon Tournament

| | All other matches in the Rugby World Cup Finals Tournament (*) |
| --- | --- |

All other matches in the Rugby World Cup Finals Tournament (*)

| | Five Nations Rugby Tournament matches involving home countries (4) (*) |
| --- | --- |

Five Nations Rugby Tournament matches involving home countries (4) (*)

| | The Commonwealth Games (*) |
| --- | --- |

The Commonwealth Games (*)

| | The World Athletics Championship (*) |
| --- | --- |

The World Athletics Championship (*)

| | The Cricket World Cup — the final, semi-finals and matches involving home nations’ teams (*) |
| --- | --- |

The Cricket World Cup — the final, semi-finals and matches involving home nations’ teams (*)

| | The Ryder Cup (*) |
| --- | --- |

The Ryder Cup (*)

| | The Open Golf Championship (*) |
| --- | --- |

The Open Golf Championship (*)

Note:

Restrictions apply to rights acquired after 1 October 1996 except for those events marked by an asterisk where the relevant date is 25 November 1997
   (5).

APPENDIX 2

List of services meeting the ‘qualifying conditions’ as set out in the television regulations 2000

| | CHANNEL 3 (ITV) |
| --- | --- |

CHANNEL 3 (ITV)

| | CHANNEL 4 |
| --- | --- |

CHANNEL 4

| | BBC 1 |
| --- | --- |

BBC 1

| | BBC 2 |
| --- | --- |

BBC 2

[Written answer from the Secretary of State to a Parliamentary Question of Hugh Bayley MP, 25 November 1997]

Culture, media and sport

Sports broadcasting

Mr Bayley: To ask the Secretary of State for Culture, Media and Sport what progress he has made in his review of the sports events listed under Part IV of the Broadcasting Act 1996; and if he will make a statement.

Mr Chris Smith: I have consulted interested parties about the principles which should guide the listing process, and I am today publishing criteria which I hope will make the process more transparent. I have also appointed an advisory group of individuals with knowledge of the sporting, broadcasting and public policy issues involved. The members of the group are:

| | Lord Gordon of Strathblane (chairman) |
| --- | --- |

Lord Gordon of Strathblane (chairman)

| | Mr Alastair Burt |
| --- | --- |

Mr Alastair Burt

| | Mr Jack Charlton |
| --- | --- |

Mr Jack Charlton

| | Mr Steve Cram |
| --- | --- |

Mr Steve Cram

| | Kate Hoey, MP |
| --- | --- |

Kate Hoey, MP

| | Mr Michael Parkinson |
| --- | --- |

Mr Michael Parkinson

| | Mr Clive Sherling |
| --- | --- |

Mr Clive Sherling

| | Prof. David Wallace |
| --- | --- |

Prof. David Wallace

I have invited this group to consider the issues against these published criteria:

| (a) | whether events or parts of events should be removed from the list; and |
| --- | --- |

(a)

whether events or parts of events should be removed from the list; and

| (b) | whether other major sporting events should be added to the list. |
| --- | --- |

(b)

whether other major sporting events should be added to the list.

As an initial step in the process of reviewing the list, the rights holders for the events currently listed and a number of the other major sports events are being formally consulted, as the 1996 Act requires. The submissions received from them will be made available to the advisory group.

The rights holders for the following events are to be consulted:

Events currently listed:

| | The Olympic Games |
| --- | --- |

The Olympic Games

| | The FIFA World Cup finals |
| --- | --- |

The FIFA World Cup finals

| | The FA Cup final |
| --- | --- |

The FA Cup final

| | The Scottish FA Cup final (listed only in Scotland) |
| --- | --- |

The Scottish FA Cup final (listed only in Scotland)

| | Cricket Test Matches involving England |
| --- | --- |

Cricket Test Matches involving England

| | Wimbledon Tennis Tournament (finals weekend only currently listed) |
| --- | --- |

Wimbledon Tennis Tournament (finals weekend only currently listed)

| | The Grand National |
| --- | --- |

The Grand National

| | The Derby |
| --- | --- |

The Derby

Other major sports events:

| | The Cricket World Cup |
| --- | --- |

The Cricket World Cup

| | The Rugby World Cup |
| --- | --- |

The Rugby World Cup

| | The European Football Championships |
| --- | --- |

The European Football Championships

| | The Commonwealth Games |
| --- | --- |

The Commonwealth Games

| | The World Athletics Championship |
| --- | --- |

The World Athletics Championship

| | The British Grand Prix |
| --- | --- |

The British Grand Prix

| | The Five Nations Rugby Tournament |
| --- | --- |

The Five Nations Rugby Tournament

| | The Open (golf) |
| --- | --- |

The Open (golf)

| | The Ryder Cup |
| --- | --- |

The Ryder Cup

The group may request that other events be included in the review and the rights holders for these events will be consulted.

The group will begin its work immediately and I expect it to make its recommendations to me before Easter. I shall then decide what changes, if any, to make to the current list.

[Extracts from a communication by the Ministry for Culture, Media and Sports, 25 November 1997]

[...]

3.   The criteria to be used by the review group in their considerations are as follows:

Notes for guidance on the listing of major sports events

In considering whether to list an event, the Secretary of State is required to consult the broadcasting regulators and the holders of the rights in question. The following note sets out the factors which the Secretary of State will take into account in deciding whether to list an event.

In order to be eligible to be listed, an event must meet the following main criterion:

| — | the event has a special national resonance, not simply a significance to those who ordinarily follow the sport concerned; it is an event which serves to unite the nation; a shared point in the national calendar. |
| --- | --- |

—

the event has a special national resonance, not simply a significance to those who ordinarily follow the sport concerned; it is an event which serves to unite the nation; a shared point in the national calendar.

Such an event is likely to fall into one or both of the following categories:

| — | it is a pre-eminent national or international event in the sport, |
| --- | --- |

—

it is a pre-eminent national or international event in the sport,

| — | it involves the national team or national representatives in the sport concerned. |
| --- | --- |

—

it involves the national team or national representatives in the sport concerned.

An event which satisfies the essential criterion is likely to be considered for listing, but listing of such an event is not automatic. It is more likely to be listed if it exhibits particular characteristics making listing an apt response, such as:

| — | it is likely to command a large television audience, |
| --- | --- |

—

it is likely to command a large television audience,

| — | it has a history of being broadcast live on free-to-air services. |
| --- | --- |

—

it has a history of being broadcast live on free-to-air services.

In considering whether to list such an event, the Secretary of State will have regard to other factors affecting the likely costs and benefits to the sport concerned, to the broadcasting industry and to viewers, such as:

| — | whether it is practical to offer full live coverage on a general channel — extended events such as season-long championships involving many matches will not normally be listed in their entirety, |
| --- | --- |

—

whether it is practical to offer full live coverage on a general channel — extended events such as season-long championships involving many matches will not normally be listed in their entirety,

| — | the impact of listing in reducing the income or potential income of the sport, and the consequences of that reduction for its investment in increasing participation and/or improving levels of performance and/or in creating safe facilities, |
| --- | --- |

—

the impact of listing in reducing the income or potential income of the sport, and the consequences of that reduction for its investment in increasing participation and/or improving levels of performance and/or in creating safe facilities,

| — | the likely impact of listing on the broadcasting market, including future investment in sports broadcasting, the level of competition and the position of public service broadcasters, |
| --- | --- |

—

the likely impact of listing on the broadcasting market, including future investment in sports broadcasting, the level of competition and the position of public service broadcasters,

| — | whether there are arrangements to ensure that access to the event is available to all viewers by means of highlights, delayed coverage and/or radio commentary. |
| --- | --- |

—

whether there are arrangements to ensure that access to the event is available to all viewers by means of highlights, delayed coverage and/or radio commentary.

In considering events for listing, the Secretary of State will have regard to these other factors cumulatively. No single factor automatically commands listing as a response, nor does failure to meet an individual criterion disqualify an event from consideration.

4.   The Secretary of State made his announcement in a Written Answer to a Parliamentary Question from Hugh Bayley MP (City of York).

[Written answer from the Secretary of State to a Parliamentary Question of Gareth R. Thomas MP, 25 June 1998]

Culture, media and sport

Listed sporting events

Mr Gareth R. Thomas: To ask the Secretary of State for Culture, Media and Sport if he will make a statement about the outcome of his review of major events listed under Part IV of the Broadcasting Act 1996.

Mr Chris Smith: My review of the list is now complete. I have conducted it in the light of the criteria which I published last year. I consulted widely on the criteria and the content of the list and I have carefully considered the many representations made to me. I have accepted the general principles of the report produced by the Advisory Group chaired by Lord Gordon of Strathblane.

With immediate effect, I am revising the list of events under Part IV of the Broadcasting Act 1996.

I am retaining the following events on the list, requiring live coverage to be made available to free-to-air terrestrial television broadcasters (in Category A as specified in the 1996 Act):

| | The Olympic Games |
| --- | --- |

The Olympic Games

| | The FIFA World Cup Finals Tournament |
| --- | --- |

The FIFA World Cup Finals Tournament

| | The FA Cup final |
| --- | --- |

The FA Cup final

| | The Scottish FA Cup final (in Scotland) |
| --- | --- |

The Scottish FA Cup final (in Scotland)

| | The Grand National |
| --- | --- |

The Grand National

| | The Derby |
| --- | --- |

The Derby

| | The Wimbledon Tennis finals. |
| --- | --- |

The Wimbledon Tennis finals.

I am adding the following events to the list on the same basis:

| | The European Football Championship Finals Tournament |
| --- | --- |

The European Football Championship Finals Tournament

| | The Rugby League Challenge Cup final |
| --- | --- |

The Rugby League Challenge Cup final

| | The Rugby World Cup final. |
| --- | --- |

The Rugby World Cup final.

After careful consideration of the Advisory Group’s recommendations, I have concluded that a number of the matches in the World Cup and European Championships football qualifying tournaments meet the criteria for listing. I believe that it is important that crucial ties in these competitions should be available to all viewers and therefore intend to seek Europe-wide arrangements for protecting free-to-air live broadcasts of crucial matches in these competitions.

I am also listing some further events on a different understanding. For these events, I have recommended to the Independent Television Commission that live coverage might be allowed to be shown exclusively by a Category B broadcaster (as specified in the 1996 Act), provided there are satisfactory arrangements for secondary coverage by a Category A broadcaster. I have asked the ITC to consider setting a minimum acceptable standard for such secondary coverage, to include some combination of delayed full coverage, highlights and live radio commentary.

The events I am listing on this understanding are:

| | Cricket Test Matches played in England |
| --- | --- |

Cricket Test Matches played in England

| | Non-finals play in the Wimbledon Tournament |
| --- | --- |

Non-finals play in the Wimbledon Tournament

| | All other matches in the Rugby World Cup Finals Tournament |
| --- | --- |

All other matches in the Rugby World Cup Finals Tournament

| | Five Nations Rugby Tournament matches involving home countries |
| --- | --- |

Five Nations Rugby Tournament matches involving home countries

| | The Commonwealth Games |
| --- | --- |

The Commonwealth Games

| | The World Athletics Championship |
| --- | --- |

The World Athletics Championship

| | The Cricket World Cup — the final, semi-finals and matches involving home nations teams |
| --- | --- |

The Cricket World Cup — the final, semi-finals and matches involving home nations teams

| | The Ryder Cup |
| --- | --- |

The Ryder Cup

| | The Open Golf Championship. |
| --- | --- |

The Open Golf Championship.

---

(1)  S.I. 1997/1174.

1

(2)  1972 c. 68; by virtue of the amendment of section 1(2) of the European Communities Act by section 1 of the European Economic Area Act 1993 (c. 51) regulations may be made under section 2(2) of the European Communities Act to implement obligations of the United Kingdom created by or arising under the Agreement on the European Economic Area signed at Oporto on 2 May 1992 (Cm 2073) and the Protocol adjusting that Agreement signed at Brussels on 17 March 1993 (Cm 2183).

2

(3)  1996 c. 55.

3

(4)  The present annex reproduces the extracts from the ITC Code as notified by the UK to the Commission on 5 May 2000. However, the UK list was amended in 2001 following the change of name of this event to the Six Nations Rugby Tournament.

4

(5)  Following the change of name to Six Nations Rugby Tournament, the relevant date for this event is 24 January 2001.

5

---

| 14.11.2007 | EN | Official Journal of the European Union | L 295/28 |
| --- | --- | --- | --- |

14.11.2007

EN

Official Journal of the European Union

L 295/28

---

COMMISSION DECISION

of 13 November 2007

amending Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the United Kingdom

(notified under document number C(2007) 5549)

(Text with EEA relevance)

(2007/731/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(3) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(3) thereof,

Whereas:

| (1) | Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC (3) lays down certain protection measures to be applied in order to prevent the spread of that disease, including the establishment of areas A and B following a suspected or confirmed outbreak of the disease. |
| --- | --- |

(1)

Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC (3) lays down certain protection measures to be applied in order to prevent the spread of that disease, including the establishment of areas A and B following a suspected or confirmed outbreak of the disease.

| (2) | The United Kingdom has notified the Commission of an outbreak of highly pathogenic avian influenza of subtype H5N1 in a poultry holding on its territory in the county of Suffolk and has taken the appropriate measures as provided for in Decision 2006/415/EC, including the establishment of Areas A and B as provided for in Article 4 of that Decision. |
| --- | --- |

(2)

The United Kingdom has notified the Commission of an outbreak of highly pathogenic avian influenza of subtype H5N1 in a poultry holding on its territory in the county of Suffolk and has taken the appropriate measures as provided for in Decision 2006/415/EC, including the establishment of Areas A and B as provided for in Article 4 of that Decision.

| (3) | The Commission has examined those measures in collaboration with the United Kingdom, and is satisfied that the borders of Areas A and B established by the competent authority in that Member State are at a sufficient distance to the actual location of the outbreak. Areas A and B in the United Kingdom can therefore be confirmed and the duration of that regionalisation fixed. |
| --- | --- |

(3)

The Commission has examined those measures in collaboration with the United Kingdom, and is satisfied that the borders of Areas A and B established by the competent authority in that Member State are at a sufficient distance to the actual location of the outbreak. Areas A and B in the United Kingdom can therefore be confirmed and the duration of that regionalisation fixed.

| (4) | The current Annex of Decision 2006/415/EC has become obsolete, because protection measures in relation to an outbreak of avian influenza in Germany have elapsed and therefore the Annex should be replaced as a whole. |
| --- | --- |

(4)

The current Annex of Decision 2006/415/EC has become obsolete, because protection measures in relation to an outbreak of avian influenza in Germany have elapsed and therefore the Annex should be replaced as a whole.

| (5) | Decision 2006/415/EC should therefore be amended accordingly. |
| --- | --- |

(5)

Decision 2006/415/EC should therefore be amended accordingly.

| (6) | The measures provided for in this Decision should be reviewed at the next meeting of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(6)

The measures provided for in this Decision should be reviewed at the next meeting of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2006/415/EC is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 13 November 2007.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33); corrected version (OJ L 195, 2.6.2004, p. 12).

1

(2)  
  OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

2

(3)  
  OJ L 164, 16.6.2006, p. 51. Decision as last amended by Decision 2007/632/EC (OJ L 255, 29.9.2007, p. 46).

3

---

ANNEX

‘ANNEX

PART A

Area A as established in accordance with Article 4(2):

| ISO Country Code | Member State | Area A | Date until applicable Article 4(4)(b)(iii) |
| --- | --- | --- | --- |
| Code
  (if available) | Name |
| UK | UNITED KINGDOM | SUFFOLK
  00162 | Protection zone:
  Area comprising that part of the county of Suffolk contained within a circle of radius 3 kilometres, centred on grid reference TM 06178 76666 (*1). | 21.12.2007 |
| | | SUFFOLK
  00162
  NORFOLK
  00154 | Surveillance zone:
  Area comprising that part of the counties of Suffolk and Norfolk contained within a circle of radius 10 kilometres, centred on grid reference TM 06178 76666 (*1). |

ISO Country Code

Member State

Area A

Date until applicable Article 4(4)(b)(iii)

Code

(if available)

Name

UK

UNITED KINGDOM

SUFFOLK

00162

Protection zone:

Area comprising that part of the county of Suffolk contained within a circle of radius 3 kilometres, centred on grid reference TM 06178 76666 (*1).

21.12.2007

SUFFOLK

00162

NORFOLK

00154

Surveillance zone:

Area comprising that part of the counties of Suffolk and Norfolk contained within a circle of radius 10 kilometres, centred on grid reference TM 06178 76666 (*1).

PART B

Area B as established in accordance with Article 4(2):

| ISO Country Code | Member State | Area B | Date until applicable Article 4(4)(b)(iii) |
| --- | --- | --- | --- |
| Code
  (if available) | Name |
| UK | UNITED KINGDOM | NORFOLK
  00154
  SUFFOLK
  00162 | The districts of:
  Babergh
  Breckland
  Forest Heath
  Ipswich
  Mid Suffolk
  Norwich
  St Edmundsbury
  South Norfolk
  Suffolk Coastal
  Waveney | 21.12.2007’ |

ISO Country Code

Member State

Area B

Date until applicable Article 4(4)(b)(iii)

Code

(if available)

Name

UK

UNITED KINGDOM

NORFOLK

00154

SUFFOLK

00162

The districts of:

Babergh

Breckland

Forest Heath

Ipswich

Mid Suffolk

Norwich

St Edmundsbury

South Norfolk

Suffolk Coastal

Waveney

21.12.2007’

---

(*1)  The grid reference is a British National Grid reference.

*1

---

III Acts adopted under the EU Treaty

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

| 14.11.2007 | EN | Official Journal of the European Union | L 295/30 |
| --- | --- | --- | --- |

14.11.2007

EN

Official Journal of the European Union

L 295/30

---

COUNCIL JOINT ACTION 2007/732/CFSP

of 13 November 2007

amending Joint Action 2007/106/CFSP extending the mandate of the Special Representative of the European Union for Afghanistan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 14, 18(5) and 23(2) thereof,

Whereas:

| (1) | On 15 February 2007, the Council adopted Joint Action 2007/106/CFSP extending the mandate of the Special Representative of the European Union for Afghanistan (1). |
| --- | --- |

(1)

On 15 February 2007, the Council adopted Joint Action 2007/106/CFSP extending the mandate of the Special Representative of the European Union for Afghanistan (1).

| (2) | On 30 May 2007, the Council adopted Joint Action 2007/369/CFSP on establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) (2) for a period of three years. |
| --- | --- |

(2)

On 30 May 2007, the Council adopted Joint Action 2007/369/CFSP on establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) (2) for a period of three years.

| (3) | On 13 November 2007, the Council adopted Joint Action 2007/733/CFSP (3) amending Joint Action 2007/369/CFSP to reflect the new command and control structure for EU civilian crisis management operations as approved by the Council on 18 June 2007. |
| --- | --- |

(3)

On 13 November 2007, the Council adopted Joint Action 2007/733/CFSP (3) amending Joint Action 2007/369/CFSP to reflect the new command and control structure for EU civilian crisis management operations as approved by the Council on 18 June 2007.

| (4) | The mandate of the Special Representative of the European Union for Afghanistan should be amended to reflect his role in relation to EUPOL AFGHANISTAN in line with the new command and control structure for EU civilian crisis management operations, |
| --- | --- |

(4)

The mandate of the Special Representative of the European Union for Afghanistan should be amended to reflect his role in relation to EUPOL AFGHANISTAN in line with the new command and control structure for EU civilian crisis management operations,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Joint Action 2007/106/CFSP is hereby amended as follows:

| 1. | The following point shall be added to Article 3:






  ‘(i) | provide the Head of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) with local political guidance. The EUSR and the Civilian Operation Commander shall consult each other as required.’ |
| --- | --- | --- |

1.

The following point shall be added to Article 3:

‘(i)

provide the Head of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) with local political guidance. The EUSR and the Civilian Operation Commander shall consult each other as required.’

| 2. | Point (e) of Article 7(2) shall be deleted. |
| --- | --- |

2.

Point (e) of Article 7(2) shall be deleted.

Article 2

This Joint Action shall enter into force on the day of its adoption.

Article 3

This Joint Action shall be published in the Official Journal of the European Union.

Done at Brussels, 13 November 2007.

For the Council

The President

F. TEIXEIRA DOS SANTOS

---

(1)  
  OJ L 46, 16.2.2007, p. 55.

1

(2)  
  OJ L 139, 31.5.2007, p. 33.

2

(3)  See page 31 of this Official Journal.

3

---

| 14.11.2007 | EN | Official Journal of the European Union | L 295/31 |
| --- | --- | --- | --- |

14.11.2007

EN

Official Journal of the European Union

L 295/31

---

COUNCIL JOINT ACTION 2007/733/CFSP

of 13 November 2007

amending Joint Action 2007/369/CFSP on the establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the European Union, and in particular Article 14 thereof,

Whereas:

| (1) | On 30 May 2007, the Council adopted Joint Action 2007/369/CFSP on establishment of the European Union Police Mission in Afghanistan (1). |
| --- | --- |

(1)

On 30 May 2007, the Council adopted Joint Action 2007/369/CFSP on establishment of the European Union Police Mission in Afghanistan (1).

| (2) | On 18 June 2007, the Council approved Guidelines for Command and Control Structure for EU Civilian Operations in Crisis Management; these Guidelines notably provide that a Civilian Operation Commander will exercise command and control at strategic level for the planning and conduct of all civilian crisis management operations, under the political control and strategic direction of the Political and Security Committee (PSC) and the overall authority of the Secretary-General/High Representative for the CFSP (SG/HR); these Guidelines further provide that the Director of the Civilian Planning and Conduct Capability (CPCC) established within the Council Secretariat will, for each civilian crisis management operation, be the Civilian Operation Commander. |
| --- | --- |

(2)

On 18 June 2007, the Council approved Guidelines for Command and Control Structure for EU Civilian Operations in Crisis Management; these Guidelines notably provide that a Civilian Operation Commander will exercise command and control at strategic level for the planning and conduct of all civilian crisis management operations, under the political control and strategic direction of the Political and Security Committee (PSC) and the overall authority of the Secretary-General/High Representative for the CFSP (SG/HR); these Guidelines further provide that the Director of the Civilian Planning and Conduct Capability (CPCC) established within the Council Secretariat will, for each civilian crisis management operation, be the Civilian Operation Commander.

| (3) | The abovementioned Command and Control Structure should be without prejudice to the contractual responsibilities of the Head of Mission towards the Commission for implementing the budget of the Mission. |
| --- | --- |

(3)

The abovementioned Command and Control Structure should be without prejudice to the contractual responsibilities of the Head of Mission towards the Commission for implementing the budget of the Mission.

| (4) | The Watch-Keeping Capability established within the Council Secretariat should be activated for this Mission. |
| --- | --- |

(4)

The Watch-Keeping Capability established within the Council Secretariat should be activated for this Mission.

| (5) | Joint Action 2007/369/CFSP should be amended accordingly, |
| --- | --- |

(5)

Joint Action 2007/369/CFSP should be amended accordingly,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Joint Action 2007/369/CFSP is hereby amended as follows:

| 1. | Paragraph 3 of Article 5 shall be replaced by the following:

  ‘3.   In addition, a number of Mission staff will be deployed to improve strategic coordination in police reform in Afghanistan, as appropriate, and in particular with the International Police Coordination Board (IPCB) Secretariat in Kabul. The IPCB Secretariat shall be located, as appropriate, at the EUPOL AFGHANISTAN HQ.’ |
| --- | --- |

1.

Paragraph 3 of Article 5 shall be replaced by the following:

‘3.   In addition, a number of Mission staff will be deployed to improve strategic coordination in police reform in Afghanistan, as appropriate, and in particular with the International Police Coordination Board (IPCB) Secretariat in Kabul. The IPCB Secretariat shall be located, as appropriate, at the EUPOL AFGHANISTAN HQ.’

| 2. | A new Article shall be inserted:

  ‘Article 5a
  Civilian Operation Commander

  1.   The Civilian Planning and Conduct Capability (CPCC) Director shall be the Civilian Operation Commander for EUPOL AFGHANISTAN.


  2.   The Civilian Operation Commander, under the political control and strategic direction of the PSC and the overall authority of the SG/HR, shall exercise command and control of EUPOL AFGHANISTAN at the strategic level.


  3.   The Civilian Operation Commander shall ensure proper and effective implementation of the Council's decisions as well as the PSC's decisions, including by issuing instructions at strategic level as required to the Head of Mission.


  4.   All seconded staff shall remain under the full command of the national authorities of the sending State or EU institution. National authorities shall transfer Operational Control (OPCON) of their personnel, teams and units to the Civilian Operation Commander.


  5.   The Civilian Operation Commander has overall responsibility for ensuring that the EU's duty of care is properly discharged.


  6.   The Civilian Operation Commander and the EUSR shall consult each other as required.’ |
| --- | --- |

2.

A new Article shall be inserted:

‘Article 5a

Civilian Operation Commander

1.   The Civilian Planning and Conduct Capability (CPCC) Director shall be the Civilian Operation Commander for EUPOL AFGHANISTAN.

2.   The Civilian Operation Commander, under the political control and strategic direction of the PSC and the overall authority of the SG/HR, shall exercise command and control of EUPOL AFGHANISTAN at the strategic level.

3.   The Civilian Operation Commander shall ensure proper and effective implementation of the Council's decisions as well as the PSC's decisions, including by issuing instructions at strategic level as required to the Head of Mission.

4.   All seconded staff shall remain under the full command of the national authorities of the sending State or EU institution. National authorities shall transfer Operational Control (OPCON) of their personnel, teams and units to the Civilian Operation Commander.

5.   The Civilian Operation Commander has overall responsibility for ensuring that the EU's duty of care is properly discharged.

6.   The Civilian Operation Commander and the EUSR shall consult each other as required.’

| 3. | Paragraphs 2 to 8 of Article 6 shall be replaced by the following:

  ‘2.   The Head of Mission shall assume responsibility and exercise command and control of the Mission at theatre level.


  3.   The Head of Mission shall exercise command and control over personnel, teams and units from contributing States as assigned by the Civilian Operation Commander together with administrative and logistic responsibility including over assets, resources and information put at the disposal of the Mission.


  4.   The Head of Mission shall issue instructions to all Mission staff, including in this case the support element in Brussels, for the effective conduct of EUPOL AFGHANISTAN in theatre, assuming its coordination and day-to-day management, following the instructions at strategic level of the Civilian Operation Commander.


  5.   The Head of Mission shall be responsible for the implementation of the Mission's budget. For this purpose, the Head of Mission shall sign a contract with the Commission.


  6.   The Head of Mission shall be responsible for disciplinary control over the staff. For seconded staff, disciplinary action shall be exercised by the national or EU authority concerned.


  7.   The Head of Mission shall represent EUPOL AFGHANISTAN in the operations area and shall ensure appropriate visibility of the Mission.


  8.   The Head of Mission shall coordinate, as appropriate, with other EU actors on the ground. The Head of Mission shall, without prejudice to the chain of command, receive local political guidance from the EUSR.


  9.   The Head of Mission shall ensure that EUPOL AFGHANISTAN works closely and coordinates with the Government of Afghanistan and relevant international actors, as appropriate, including NATO/ISAF, PRT Lead Nations, UNAMA, and third states currently involved in police reform in Afghanistan.’ |
| --- | --- |

3.

Paragraphs 2 to 8 of Article 6 shall be replaced by the following:

‘2.   The Head of Mission shall assume responsibility and exercise command and control of the Mission at theatre level.

3.   The Head of Mission shall exercise command and control over personnel, teams and units from contributing States as assigned by the Civilian Operation Commander together with administrative and logistic responsibility including over assets, resources and information put at the disposal of the Mission.

4.   The Head of Mission shall issue instructions to all Mission staff, including in this case the support element in Brussels, for the effective conduct of EUPOL AFGHANISTAN in theatre, assuming its coordination and day-to-day management, following the instructions at strategic level of the Civilian Operation Commander.

5.   The Head of Mission shall be responsible for the implementation of the Mission's budget. For this purpose, the Head of Mission shall sign a contract with the Commission.

6.   The Head of Mission shall be responsible for disciplinary control over the staff. For seconded staff, disciplinary action shall be exercised by the national or EU authority concerned.

7.   The Head of Mission shall represent EUPOL AFGHANISTAN in the operations area and shall ensure appropriate visibility of the Mission.

8.   The Head of Mission shall coordinate, as appropriate, with other EU actors on the ground. The Head of Mission shall, without prejudice to the chain of command, receive local political guidance from the EUSR.

9.   The Head of Mission shall ensure that EUPOL AFGHANISTAN works closely and coordinates with the Government of Afghanistan and relevant international actors, as appropriate, including NATO/ISAF, PRT Lead Nations, UNAMA, and third states currently involved in police reform in Afghanistan.’

| 4. | Paragraph 5 of Article 7 shall be replaced by the following:

  ‘5.   All staff shall carry out their duties and act in the interest of the Mission. All staff shall respect the security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations (*1).


  (*1)  
  OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2007/438/EC (OJ L 164, 26.6.2007, p. 24).’
  " |
| --- | --- |

4.

Paragraph 5 of Article 7 shall be replaced by the following:

‘5.   All staff shall carry out their duties and act in the interest of the Mission. All staff shall respect the security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations (*1).

(*1)  
  OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2007/438/EC (OJ L 164, 26.6.2007, p. 24).’
  "

*1

| 5. | Article 9 shall be replaced by the following:

  ‘Article 9
  Chain of Command

  1.   EUPOL AFGHANISTAN shall have a unified chain of command, as a crisis management operation.


  2.   Under the responsibility of the Council, the PSC shall exercise political control and strategic direction of EUPOL AFGHANISTAN.


  3.   The Civilian Operation Commander, under the political control and strategic direction of the PSC and the overall authority of the SG/HR, is the commander of EUPOL AFGHANISTAN at strategic level and, as such, shall issue instructions to the Head of Mission and provide him with advice and technical support.


  4.   The Civilian Operation Commander shall report to the Council through the SG/HR.


  5.   The Head of Mission shall exercise command and control of EUPOL AFGHANISTAN at theatre level and shall be directly responsible to the Civilian Operation Commander.’ |
| --- | --- |

5.

Article 9 shall be replaced by the following:

‘Article 9

Chain of Command

1.   EUPOL AFGHANISTAN shall have a unified chain of command, as a crisis management operation.

2.   Under the responsibility of the Council, the PSC shall exercise political control and strategic direction of EUPOL AFGHANISTAN.

3.   The Civilian Operation Commander, under the political control and strategic direction of the PSC and the overall authority of the SG/HR, is the commander of EUPOL AFGHANISTAN at strategic level and, as such, shall issue instructions to the Head of Mission and provide him with advice and technical support.

4.   The Civilian Operation Commander shall report to the Council through the SG/HR.

5.   The Head of Mission shall exercise command and control of EUPOL AFGHANISTAN at theatre level and shall be directly responsible to the Civilian Operation Commander.’

| 6. | Article 10 shall be replaced by the following:

  ‘Article 10
  Political control and strategic direction

  1.   The PSC shall exercise, under the responsibility of the Council, political control and strategic direction of the Mission. The Council hereby authorises the PSC to take the relevant decisions for this purpose in accordance with Article 25 of the Treaty on the European Union. This authorisation shall include the powers to amend the OPLAN. It shall also include powers to take subsequent decisions regarding the appointment of the Head of Mission. The powers of decision with respect to the objectives and termination of the Mission shall remain vested in the Council.


  2.   The PSC shall report to the Council at regular intervals.


  3.   The PSC shall receive on a regular basis and as required reports by the Civilian Operation Commander and the Head of Mission on issues within their areas of responsibility.’ |
| --- | --- |

6.

Article 10 shall be replaced by the following:

‘Article 10

Political control and strategic direction

1.   The PSC shall exercise, under the responsibility of the Council, political control and strategic direction of the Mission. The Council hereby authorises the PSC to take the relevant decisions for this purpose in accordance with Article 25 of the Treaty on the European Union. This authorisation shall include the powers to amend the OPLAN. It shall also include powers to take subsequent decisions regarding the appointment of the Head of Mission. The powers of decision with respect to the objectives and termination of the Mission shall remain vested in the Council.

2.   The PSC shall report to the Council at regular intervals.

3.   The PSC shall receive on a regular basis and as required reports by the Civilian Operation Commander and the Head of Mission on issues within their areas of responsibility.’

| 7. | Article 11 shall be replaced by the following:

  ‘Article 11
  Security

  1.   The Civilian Operation Commander shall direct the Head of Mission's planning of security measures and ensure their proper and effective implementation for EUPOL AFGHANISTAN in accordance with Articles 5a and 9, in coordination with the Council Security Office.


  2.   The Head of Mission shall be responsible for the security of the operation and for ensuring compliance with minimum security requirements applicable to the operation, in line with the policy of the European Union on the security of personnel deployed outside the EU in an operational capacity under Title V of the Treaty on the European Union and its supporting documents.


  3.   The Head of Mission shall be assisted by a Senior Mission Security Officer (SMSO), who will report to the Head of Mission and also maintain a close functional relationship with the Council Security Office.


  4.   The Head of Mission will appoint Area Security Officers in the provincial and regional Mission locations, who, under the authority of the SMSO will be responsible for the day-to-day management of all security aspects of the respective Mission elements.


  5.   EUPOL AFGHANISTAN staff shall undergo mandatory security training before their entry into function, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the SMSO’. |
| --- | --- |

7.

Article 11 shall be replaced by the following:

‘Article 11

Security

1.   The Civilian Operation Commander shall direct the Head of Mission's planning of security measures and ensure their proper and effective implementation for EUPOL AFGHANISTAN in accordance with Articles 5a and 9, in coordination with the Council Security Office.

2.   The Head of Mission shall be responsible for the security of the operation and for ensuring compliance with minimum security requirements applicable to the operation, in line with the policy of the European Union on the security of personnel deployed outside the EU in an operational capacity under Title V of the Treaty on the European Union and its supporting documents.

3.   The Head of Mission shall be assisted by a Senior Mission Security Officer (SMSO), who will report to the Head of Mission and also maintain a close functional relationship with the Council Security Office.

4.   The Head of Mission will appoint Area Security Officers in the provincial and regional Mission locations, who, under the authority of the SMSO will be responsible for the day-to-day management of all security aspects of the respective Mission elements.

5.   EUPOL AFGHANISTAN staff shall undergo mandatory security training before their entry into function, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the SMSO’.

| 8. | A new Article shall be inserted after Article 15:

  ‘Article 15a
  Watch-Keeping
  The Watch-Keeping Capability shall be activated for EUPOL AFGHANISTAN.’ |
| --- | --- |

8.

A new Article shall be inserted after Article 15:

‘Article 15a

Watch-Keeping

The Watch-Keeping Capability shall be activated for EUPOL AFGHANISTAN.’

Article 2

This Joint Action shall enter into force on the date of its adoption.

Article 3

This Joint Action shall be published in the Official Journal of the European Union.

Done at Brussels, 13 November 2007.

For the Council

The President

F. TEIXEIRA DOS SANTOS

---

(1)  
  OJ L 139, 31.5.2007, p. 33.

1

---

| 14.11.2007 | EN | Official Journal of the European Union | L 295/34 |
| --- | --- | --- | --- |

14.11.2007

EN

Official Journal of the European Union

L 295/34

---

COUNCIL COMMON POSITION 2007/734/CFSP

of 13 November 2007

concerning restrictive measures against Uzbekistan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

| (1) | On 14 November 2005, the Council adopted Common Position 2005/792/CFSP concerning restrictive measures against Uzbekistan (1) in response to the excessive, disproportionate and indiscriminate use of force by the Uzbek security forces during events in Andijan in May 2005. Certain restrictive measures were renewed by Council Common Position 2006/787/CFSP (2). On 14 May 2007, the Council adopted Common Position 2007/338/CFSP renewing certain restrictive measures against Uzbekistan (3) which extended the restrictions on admission for some individuals for six months. |
| --- | --- |

(1)

On 14 November 2005, the Council adopted Common Position 2005/792/CFSP concerning restrictive measures against Uzbekistan (1) in response to the excessive, disproportionate and indiscriminate use of force by the Uzbek security forces during events in Andijan in May 2005. Certain restrictive measures were renewed by Council Common Position 2006/787/CFSP (2). On 14 May 2007, the Council adopted Common Position 2007/338/CFSP renewing certain restrictive measures against Uzbekistan (3) which extended the restrictions on admission for some individuals for six months.

| (2) | On 15 October 2007, the Council called on the Uzbek authorities to make further progress in the area of human rights. It urged Uzbekistan to implement in full its international obligations relating to human rights and fundamental freedoms as well as rule of law and, in particular, to allow full unimpeded access by relevant international bodies to prisoners; to engage effectively with the UN Special Rapporteurs to Uzbekistan; to let all NGOs, including Human Rights Watch, operate without constraints in Uzbekistan; to release human rights defenders from detention and cease their harassment; to engage positively on human rights issues in the context of the forthcoming EU-Uzbekistan Cooperation Committee and to pursue reforms of the judiciary, law enforcement and police law. Progress towards these goals will be evaluated on the basis of a report by the Heads of Missions, which will include an assessment of the upcoming Presidential elections. |
| --- | --- |

(2)

On 15 October 2007, the Council called on the Uzbek authorities to make further progress in the area of human rights. It urged Uzbekistan to implement in full its international obligations relating to human rights and fundamental freedoms as well as rule of law and, in particular, to allow full unimpeded access by relevant international bodies to prisoners; to engage effectively with the UN Special Rapporteurs to Uzbekistan; to let all NGOs, including Human Rights Watch, operate without constraints in Uzbekistan; to release human rights defenders from detention and cease their harassment; to engage positively on human rights issues in the context of the forthcoming EU-Uzbekistan Cooperation Committee and to pursue reforms of the judiciary, law enforcement and police law. Progress towards these goals will be evaluated on the basis of a report by the Heads of Missions, which will include an assessment of the upcoming Presidential elections.

| (3) | The Council considers it appropriate to renew for a period of 12 months the arms embargo and the restrictions on admission for individuals who are directly responsible for the indiscriminate and disproportionate use of force in Andijan and the obstruction of an independent inquiry. With a view to encouraging the Uzbek authorities to take positive steps to improve the human rights situation and taking into account the commitments of the Uzbek authorities, the restrictions on admission will not apply for a period of six months. Before the end of this period the Council will review whether the Uzbek authorities have made progress towards meeting the objectives referred to in recital (2). |
| --- | --- |

(3)

The Council considers it appropriate to renew for a period of 12 months the arms embargo and the restrictions on admission for individuals who are directly responsible for the indiscriminate and disproportionate use of force in Andijan and the obstruction of an independent inquiry. With a view to encouraging the Uzbek authorities to take positive steps to improve the human rights situation and taking into account the commitments of the Uzbek authorities, the restrictions on admission will not apply for a period of six months. Before the end of this period the Council will review whether the Uzbek authorities have made progress towards meeting the objectives referred to in recital (2).

| (4) | Action by the Community is needed in order to implement certain measures, |
| --- | --- |

(4)

Action by the Community is needed in order to implement certain measures,

HAS ADOPTED THIS COMMON POSITION:

Article 1

1.   The sale, supply, transfer or export of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, to Uzbekistan by nationals of Member States, or from the territories of Member States, or using their flag vessels or aircraft shall be prohibited whether originating or not in their territories.

2.   The sale, supply, transfer or export of equipment, listed in Annex I, which might be used for internal repression, to Uzbekistan shall be prohibited.

3.   It shall be prohibited:

| (i) | to provide technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, or related to equipment which might be used for internal repression, directly or indirectly to any natural or legal person, entity or body in, or for use in, Uzbekistan; |
| --- | --- |

(i)

to provide technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, or related to equipment which might be used for internal repression, directly or indirectly to any natural or legal person, entity or body in, or for use in, Uzbekistan;

| (ii) | to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of arms and related materiel, or for the provision of related technical assistance, brokering services and other services, or related to equipment which might be used for internal repression, directly or indirectly to any natural or legal person, entity or body in, or for use in, Uzbekistan. |
| --- | --- |

(ii)

to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of arms and related materiel, or for the provision of related technical assistance, brokering services and other services, or related to equipment which might be used for internal repression, directly or indirectly to any natural or legal person, entity or body in, or for use in, Uzbekistan.

Article 2

1.   Article 1 shall not apply to:

| (i) | the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, or for institution-building programmes of the UN, the EU and the Community, or for EU and UN crisis management operations; |
| --- | --- |

(i)

the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, or for institution-building programmes of the UN, the EU and the Community, or for EU and UN crisis management operations;

| (ii) | the supply, transfer, or export of arms and equipment referred to in Article 1 for the forces in Uzbekistan of contributors to the International Security Assistance Force (ISAF) and ‘Operation Enduring Freedom’ (OEF); |
| --- | --- |

(ii)

the supply, transfer, or export of arms and equipment referred to in Article 1 for the forces in Uzbekistan of contributors to the International Security Assistance Force (ISAF) and ‘Operation Enduring Freedom’ (OEF);

| (iii) | the sale, supply, transfer or export of equipment which might be used for internal repression, intended solely for humanitarian or protective use; |
| --- | --- |

(iii)

the sale, supply, transfer or export of equipment which might be used for internal repression, intended solely for humanitarian or protective use;

| (iv) | the sale, supply, transfer or export of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the EU and its Member States in Uzbekistan; |
| --- | --- |

(iv)

the sale, supply, transfer or export of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the EU and its Member States in Uzbekistan;

| (v) | the provision of financing, financial assistance or technical assistance related to equipment referred to in (i), (ii), (iii) and (iv), |
| --- | --- |

(v)

the provision of financing, financial assistance or technical assistance related to equipment referred to in (i), (ii), (iii) and (iv),

on condition that such exports and assistance have been approved in advance by the relevant competent authority.

2.   Article 1 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Uzbekistan by United Nations personnel, personnel of the EU, the Community or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.

Article 3

1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of those individuals, listed in Annex II, directly responsible for the indiscriminate and disproportionate use of force in Andijan and the obstruction of an independent inquiry.

2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.

3.   Paragraph 1 shall be without prejudice to cases where a Member State is bound by an obligation of international law, namely:

| (i) | as host country of an international intergovernmental organisation; |
| --- | --- |

(i)

as host country of an international intergovernmental organisation;

| (ii) | as host country to an international conference convened by, or under the auspices of, the United Nations; or |
| --- | --- |

(ii)

as host country to an international conference convened by, or under the auspices of, the United Nations; or

| (iii) | under a multilateral agreement conferring privileges and immunities; or |
| --- | --- |

(iii)

under a multilateral agreement conferring privileges and immunities; or

| (iv) | under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy. |
| --- | --- |

(iv)

under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.

4.   Paragraph 3 shall apply also in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).

5.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 3 or 4.

6.   Member States may grant exemptions from the measures imposed in paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the European Union, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Uzbekistan.

7.   A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.

8.   Where, pursuant to paragraphs 3, 4, 6 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in Annex II, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.

Article 4

The application of the measures referred to in Article 3 shall be suspended until 13 May 2008. Before that date, the Council shall review the situation in Uzbekistan and assess progress made by the Uzbek authorities towards ensuring respect for human rights and fundamental freedoms, as well as for the rule of law.

Article 5

This Common Position shall apply for a period of 12 months. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.

Article 6

This Common Position shall take effect on the date of its adoption.

Article 7

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 13 November 2007.

For the Council

The President

F. TEIXEIRA DOS SANTOS

---

(1)  
  OJ L 299, 16.11.2005, p. 72.

1

(2)  
  OJ L 318, 17.11.2006, p. 43.

2

(3)  
  OJ L 128, 16.5.2007, p. 50.

3

---

ANNEX I

List of equipment which might be used for internal repression

Equipment for internal repression envisaged by Article 1(2)

1.   Firearms, ammunition and related accessories therefor, as follows:

| 1.1. | Firearms not controlled by ML 1 and ML 2 of the EU Common Military List; |
| --- | --- |

1.1.

Firearms not controlled by ML 1 and ML 2 of the EU Common Military List;

| 1.2. | Ammunition specially designed for the firearms listed in 1.1 and specially designed components therefor; |
| --- | --- |

1.2.

Ammunition specially designed for the firearms listed in 1.1 and specially designed components therefor;

| 1.3. | Weapon-sights not controlled by the EU Common Military List. |
| --- | --- |

1.3.

Weapon-sights not controlled by the EU Common Military List.

2.   Bombs and grenades not controlled by the EU Common Military List.

3.   Vehicles as follows (1):

| 3.1. | Vehicles equipped with a water cannon, specially designed or modified for the purpose of riot control; |
| --- | --- |

3.1.

Vehicles equipped with a water cannon, specially designed or modified for the purpose of riot control;

| 3.2. | Vehicles specially designed or modified to be electrified to repel borders; |
| --- | --- |

3.2.

Vehicles specially designed or modified to be electrified to repel borders;

| 3.3. | Vehicles specially designed or modified to remove barricades, including construction equipment with ballistic protection; |
| --- | --- |

3.3.

Vehicles specially designed or modified to remove barricades, including construction equipment with ballistic protection;

| 3.4. | Vehicles specially designed for the transport or transfer of prisoners and/or detainees; |
| --- | --- |

3.4.

Vehicles specially designed for the transport or transfer of prisoners and/or detainees;

| 3.5. | Vehicles specially designed to deploy mobile barriers (2); |
| --- | --- |

3.5.

Vehicles specially designed to deploy mobile barriers (2);

| 3.6. | Components for the vehicles specified in 3.1 to 3.5 specially designed for the purposes of riot control. |
| --- | --- |

3.6.

Components for the vehicles specified in 3.1 to 3.5 specially designed for the purposes of riot control.

4.   Explosive substances and related equipment as follows:

| 4.1. | Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including firing sets, detonators, igniters, boosters and detonating cord, and specially designed components therefor — except those specially designed for a specific commercial use consisting of the actuation or operation by explosive means of other equipment or devices the function of which is not the creation of explosions (e.g., car air-bag inflaters, electric-surge arresters of fire sprinkler actuators); |
| --- | --- |

4.1.

Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including firing sets, detonators, igniters, boosters and detonating cord, and specially designed components therefor — except those specially designed for a specific commercial use consisting of the actuation or operation by explosive means of other equipment or devices the function of which is not the creation of explosions (e.g., car air-bag inflaters, electric-surge arresters of fire sprinkler actuators);

| 4.2. | Linear cutting explosive charges not controlled by the EU Common Military List; |
| --- | --- |

4.2.

Linear cutting explosive charges not controlled by the EU Common Military List;

| 4.3. | Other explosives not controlled by the EU Common Military List and related substances as follows:






  (a) | amatol; |
| --- | --- | --- |

4.3.

Other explosives not controlled by the EU Common Military List and related substances as follows:

(a)

amatol;

| (b) | nitrocellulose (containing more than 12,5 % nitrogen); |
| --- | --- |

(b)

nitrocellulose (containing more than 12,5 % nitrogen);

| (c) | nitroglycol; |
| --- | --- |

(c)

nitroglycol;

| (d) | pentaerythritol tetranitrate (PETN); |
| --- | --- |

(d)

pentaerythritol tetranitrate (PETN);

| (e) | picryl chloride; |
| --- | --- |

(e)

picryl chloride;

| (f) | 2,4,6-trinitrotoluene (TNT). |
| --- | --- |

(f)

2,4,6-trinitrotoluene (TNT).

5.   Protective equipment not controlled by ML 13 of the EU Common Military List as follows (3):

| 5.1. | Body armour providing ballistic and/or stabbing protection; |
| --- | --- |

5.1.

Body armour providing ballistic and/or stabbing protection;

| 5.2. | Helmets providing ballistic and/or fragmentation protection, anti-riot helmets, anti-riot shields and ballistic shields. |
| --- | --- |

5.2.

Helmets providing ballistic and/or fragmentation protection, anti-riot helmets, anti-riot shields and ballistic shields.

6.   Simulators, other than those controlled by ML 14 of the EU Common Military List, for training in the use of firearms, and specially designed software therefor.

7.   Night vision, thermal imaging equipment and image intensifier tubes, other than those controlled by the EU Common Military List.

8.   Razor barbed wire.

9.   Military knives, combat knives and bayonets with blade lengths in excess of 10 cm.

10.   Production equipment specially designed for the items specified in this list.

11.   Specific technology for the development, production or use of the items specified in this list.

---

(1)  This item does not control vehicles specially designed for the purposes of fire-fighting.

(2)  For the purposes of item 3.5 the term ‘vehicles’ includes trailers.

(3)  This item does not control:

| — | equipment specially designed for sports activities; |
| --- | --- |

—

equipment specially designed for sports activities;

| — | equipment specially designed for safety of work requirements. |
| --- | --- |

—

equipment specially designed for safety of work requirements.

---

ANNEX II

List of persons referred to in Article 3

| 1. | Surname, First Name: Almatov, Zakirjan
  Sex: Male
  Title, Function: former Minister of Interior
  Address: Tashkent, Uzbekistan
  Date of birth: 10 October 1949

  Place of birth: Tashkent, Uzbekistan
  Passport or ID Number: Passport no DA 0002600 (Diplomatic ppt)
  Nationality: Uzbek |
| --- | --- |

1.

Surname, First Name: Almatov, Zakirjan

Sex: Male

Title, Function: former Minister of Interior

Address: Tashkent, Uzbekistan

Date of birth: 10 October 1949

Place of birth: Tashkent, Uzbekistan

Passport or ID Number: Passport no DA 0002600 (Diplomatic ppt)

Nationality: Uzbek

| 2. | Surname, First Name: Mullajonov, Tokhir Okhunovich
  Alias: Alternative spelling for surname: Mullajanov
  Sex: Male
  Title, Function: former First Deputy Interior Minister
  Address: Tashkent, Uzbekistan
  Date of birth: 10 October 1950

  Place of birth: Ferghana, Uzbekistan
  Passport or ID Number: Passport no DA 0003586 (Diplomatic ppt) expires 5.11.2009

  Nationality: Uzbek |
| --- | --- |

2.

Surname, First Name: Mullajonov, Tokhir Okhunovich

Alias: Alternative spelling for surname: Mullajanov

Sex: Male

Title, Function: former First Deputy Interior Minister

Address: Tashkent, Uzbekistan

Date of birth: 10 October 1950

Place of birth: Ferghana, Uzbekistan

Passport or ID Number: Passport no DA 0003586 (Diplomatic ppt) expires 5.11.2009

Nationality: Uzbek

| 3. | Surname, First Name: Mirzaev, Ruslan
  Sex: Male
  Title, Function: Minister of Defence, former National Security Council State Adviser |
| --- | --- |

3.

Surname, First Name: Mirzaev, Ruslan

Sex: Male

Title, Function: Minister of Defence, former National Security Council State Adviser

| 4. | Surname, First Name: Ergashev, Pavel Islamovich
  Sex: Male
  Title, Function: Colonel, Commander of the ‘Center’ Military Brigade |
| --- | --- |

4.

Surname, First Name: Ergashev, Pavel Islamovich

Sex: Male

Title, Function: Colonel, Commander of the ‘Center’ Military Brigade

| 5. | Surname, First Name: Mamo, Vladimir Adolfovich
  Sex: Male
  Title, Function: Major General, Deputy Commander, Defence Ministry Special Forces Brigade |
| --- | --- |

5.

Surname, First Name: Mamo, Vladimir Adolfovich

Sex: Male

Title, Function: Major General, Deputy Commander, Defence Ministry Special Forces Brigade

| 6. | Surname, First Name: Pak, Gregori
  Sex: Male
  Title, Function: Colonel, Commander of the Interior Ministry rapid reaction brigade (unit 7332) |
| --- | --- |

6.

Surname, First Name: Pak, Gregori

Sex: Male

Title, Function: Colonel, Commander of the Interior Ministry rapid reaction brigade (unit 7332)

| 7. | Surname, First Name: Tadzhiev, Valeri
  Sex: Male
  Title, Function: Colonel, Commander of the Interior Ministry Special Forces Autonomous Detachment (unit 7351) |
| --- | --- |

7.

Surname, First Name: Tadzhiev, Valeri

Sex: Male

Title, Function: Colonel, Commander of the Interior Ministry Special Forces Autonomous Detachment (unit 7351)

| 8. | Surname, First Name: Inoyatov, Rustam Raulovich
  Sex: Male
  Title, Function: Chief of SNB (National Security Service)
  Address: Tashkent, Uzbekistan
  Date of birth: 22 June 1944

  Place of birth: Sherabad, Uzbekistan
  Passport or ID Number: Passport no DA 0003171 (Diplomatic ppt); also diplomatic passport no 0001892 (expired 15.9.2004)
  Nationality: Uzbek |
| --- | --- |

8.

Surname, First Name: Inoyatov, Rustam Raulovich

Sex: Male

Title, Function: Chief of SNB (National Security Service)

Address: Tashkent, Uzbekistan

Date of birth: 22 June 1944

Place of birth: Sherabad, Uzbekistan

Passport or ID Number: Passport no DA 0003171 (Diplomatic ppt); also diplomatic passport no 0001892 (expired 15.9.2004)

Nationality: Uzbek

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