# Official Journal L 3/2009

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 3 |
| | |
| English edition | Legislation | Volume 527 January 2009 |

ISSN 1725-2555

Official Journal

of the European Union

L 3

English edition

Legislation

Volume 527 January 2009

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| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 5/2009 of 6 January 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 6/2009 of 6 January 2009 establishing that certain limits for issuing import licences for sugar products under tariff quotas and preferential agreements are no longer reached | 3 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 5/2009 of 6 January 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 6/2009 of 6 January 2009 establishing that certain limits for issuing import licences for sugar products under tariff quotas and preferential agreements are no longer reached

3

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | European Central Bank |
| | | 2009/5/EC |
| | * | Decision of the European Central Bank of 18 December 2008 to postpone the start of the rotation system in the Governing Council of the European Central Bank (ECB/2008/29) | 4 |

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

DECISIONS

European Central Bank

2009/5/EC

*

Decision of the European Central Bank of 18 December 2008 to postpone the start of the rotation system in the Governing Council of the European Central Bank (ECB/2008/29)

(ECB/2008/29)

4

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Commission Regulation (EC) No 983/2008 of 3 October 2008 adopting the plan allocating to the Member States resources to be charged to the 2009 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community ( OJ L 268, 9.10.2008 ) | 6 |

Corrigenda

*

Corrigendum to Commission Regulation (EC) No 983/2008 of 3 October 2008 adopting the plan allocating to the Member States resources to be charged to the 2009 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community ( OJ L 268, 9.10.2008 )

6

| | | |
| --- | --- | --- |
| | * | Note to the reader (see page 3 of the cover) | s3 |

*

Note to the reader (see page 3 of the cover)

Note to the reader

s3

| 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

| 7.1.2009 | EN | Official Journal of the European Union | L 3/1 |
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7.1.2009

EN

Official Journal of the European Union

L 3/1

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COMMISSION REGULATION (EC) No 5/2009

of 6 January 2009

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 7 January 2009.

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

Done at Brussels, 6 January 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

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(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

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ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 55,4 |
| TR | 112,1 |
| ZZ | 83,8 |
| 0707 00 05 | JO | 167,2 |
| TR | 126,1 |
| ZZ | 146,7 |
| 0709 90 70 | MA | 73,3 |
| TR | 154,3 |
| ZZ | 113,8 |
| 0805 10 20 | BR | 44,6 |
| CL | 44,1 |
| EG | 31,0 |
| MA | 54,9 |
| TR | 65,8 |
| ZA | 44,1 |
| ZZ | 47,4 |
| 0805 20 10 | MA | 61,7 |
| ZZ | 61,7 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | CN | 54,4 |
| IL | 57,2 |
| TR | 60,9 |
| ZZ | 57,5 |
| 0805 50 10 | MA | 59,6 |
| TR | 67,9 |
| ZZ | 63,8 |
| 0808 10 80 | CN | 81,9 |
| US | 104,1 |
| ZZ | 93,0 |
| 0808 20 50 | CN | 38,4 |
| US | 113,4 |
| ZZ | 75,9 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

55,4

TR

112,1

ZZ

83,8

0707 00 05

JO

167,2

TR

126,1

ZZ

146,7

0709 90 70

MA

73,3

TR

154,3

ZZ

113,8

0805 10 20

BR

44,6

CL

44,1

EG

31,0

MA

54,9

TR

65,8

ZA

44,1

ZZ

47,4

0805 20 10

MA

61,7

ZZ

61,7

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

CN

54,4

IL

57,2

TR

60,9

ZZ

57,5

0805 50 10

MA

59,6

TR

67,9

ZZ

63,8

0808 10 80

CN

81,9

US

104,1

ZZ

93,0

0808 20 50

CN

38,4

US

113,4

ZZ

75,9

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(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

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| 7.1.2009 | EN | Official Journal of the European Union | L 3/3 |
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7.1.2009

EN

Official Journal of the European Union

L 3/3

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COMMISSION REGULATION (EC) No 6/2009

of 6 January 2009

establishing that certain limits for issuing import licences for sugar products under tariff quotas and preferential agreements are no longer reached

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/07, 2007/08 and 2008/09 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements (2), and in particular Article 5(4) thereof,

Whereas:

| (1) | The records referred to in Article 5(2) of Regulation (EC) No 950/2006 show that quantities of sugar are still available for the obligations laid down under Article 24 of Regulation (EC) No 950/2006 bearing the serial number 09.4319. |
| --- | --- |

(1)

The records referred to in Article 5(2) of Regulation (EC) No 950/2006 show that quantities of sugar are still available for the obligations laid down under Article 24 of Regulation (EC) No 950/2006 bearing the serial number 09.4319.

| (2) | Under these circumstances, the Commission must indicate that the limits concerned are no longer reached, |
| --- | --- |

(2)

Under these circumstances, the Commission must indicate that the limits concerned are no longer reached,

HAS ADOPTED THIS REGULATION:

Article 1

The limits for the obligations laid down under Article 24 of Regulation (EC) No 950/2006 bearing the serial number 09.4319 are no longer reached.

Article 2

This Regulation shall enter into force on 7 January 2009.

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

Done at Brussels, 6 January 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 178, 1.7.2006, p. 1.

2

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

DECISIONS

European Central Bank

| 7.1.2009 | EN | Official Journal of the European Union | L 3/4 |
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7.1.2009

EN

Official Journal of the European Union

L 3/4

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DECISION OF THE EUROPEAN CENTRAL BANK

of 18 December 2008

to postpone the start of the rotation system in the Governing Council of the European Central Bank

(ECB/2008/29)

(2009/5/EC)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘ESCB Statute’), and in particular Article 10.2 thereof,

Whereas:

| (1) | Pursuant to Council Decision 2008/608/EC of 8 July 2008 in accordance with Article 122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009 (1), Slovakia fulfils the necessary conditions for adoption of the euro and its derogation under Article 4 of the Act of Accession (2) will be abrogated with effect from 1 January 2009. |
| --- | --- |

(1)

Pursuant to Council Decision 2008/608/EC of 8 July 2008 in accordance with Article 122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009 (1), Slovakia fulfils the necessary conditions for adoption of the euro and its derogation under Article 4 of the Act of Accession (2) will be abrogated with effect from 1 January 2009.

| (2) | Upon adoption of the euro by Slovakia the number of Governing Council members of the European Central Bank will exceed 21. Article 10.2 of the ESCB Statute provides that as from the date on which the number of members of the Governing Council exceeds 21, each member of the Executive Board will have one vote and the number of governors with a voting right will be 15. It also specifies the rules on the rotation of the voting rights. Under the sixth indent of Article 10.2, the Governing Council, acting by a two-thirds majority of all its members, with and without a voting right, may decide to postpone the start of the rotation system until the date on which the number of governors exceeds 18. |
| --- | --- |

(2)

Upon adoption of the euro by Slovakia the number of Governing Council members of the European Central Bank will exceed 21. Article 10.2 of the ESCB Statute provides that as from the date on which the number of members of the Governing Council exceeds 21, each member of the Executive Board will have one vote and the number of governors with a voting right will be 15. It also specifies the rules on the rotation of the voting rights. Under the sixth indent of Article 10.2, the Governing Council, acting by a two-thirds majority of all its members, with and without a voting right, may decide to postpone the start of the rotation system until the date on which the number of governors exceeds 18.

| (3) | Recital 6 of Recommendation ECB/2003/1 of 3 February 2003 for a Council Decision on an amendment to Article 10.2 of the Statute of the European System of Central Banks and of the European Central Bank (3) and recital 6 of Decision 2003/223/EC of the Council, meeting in the composition of the Heads of State or Government, of 21 March 2003 on an amendment to Article 10.2 of the Statute of the European System of Central Banks and of the European Central Bank (4) refer to the possibility of a decision to postpone the start of the rotation system so as to avoid the situation that governors within any group have a voting frequency of 100 %. Starting the rotation system when the number of governors exceeds 15 would require the introduction of exceptional arrangements to ensure that the first group of governors would not have a lower voting frequency than the second group. One option for ensuring fulfilment of this condition would be to allocate five voting rights to the first group. This would, however, result in a 100 % voting frequency of the members of the first group and would be contrary to the intention that all governors should be subject to the rotation system. Alternative arrangements aimed at avoiding a 100 % voting frequency of the first group would add significant complexity to the rotation system. |
| --- | --- |

(3)

Recital 6 of Recommendation ECB/2003/1 of 3 February 2003 for a Council Decision on an amendment to Article 10.2 of the Statute of the European System of Central Banks and of the European Central Bank (3) and recital 6 of Decision 2003/223/EC of the Council, meeting in the composition of the Heads of State or Government, of 21 March 2003 on an amendment to Article 10.2 of the Statute of the European System of Central Banks and of the European Central Bank (4) refer to the possibility of a decision to postpone the start of the rotation system so as to avoid the situation that governors within any group have a voting frequency of 100 %. Starting the rotation system when the number of governors exceeds 15 would require the introduction of exceptional arrangements to ensure that the first group of governors would not have a lower voting frequency than the second group. One option for ensuring fulfilment of this condition would be to allocate five voting rights to the first group. This would, however, result in a 100 % voting frequency of the members of the first group and would be contrary to the intention that all governors should be subject to the rotation system. Alternative arrangements aimed at avoiding a 100 % voting frequency of the first group would add significant complexity to the rotation system.

| (4) | Following thorough deliberation, the Governing Council concluded that the benefits of postponement until the number of governors exceeds 18 outweighs the benefits of implementing the rotation system when the number of governors exceeds 15, thereby avoiding the introduction of additional elements of complexity in the transitional two-group rotation system. It is therefore appropriate to postpone the start of the rotation system until the number of governors exceeds 18, |
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(4)

Following thorough deliberation, the Governing Council concluded that the benefits of postponement until the number of governors exceeds 18 outweighs the benefits of implementing the rotation system when the number of governors exceeds 15, thereby avoiding the introduction of additional elements of complexity in the transitional two-group rotation system. It is therefore appropriate to postpone the start of the rotation system until the number of governors exceeds 18,

HAS DECIDED AS FOLLOWS:

Article 1

The start of the rotation system provided for in Article 10.2 of the ESCB Statute shall be postponed until the date on which the number of governors in the Governing Council of the ECB exceeds 18.

Article 2

This Decision shall enter into force on 1 January 2009.

Done at Frankfurt am Main, 18 December 2008.

The President of the ECB

Jean-Claude TRICHET

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(1)  
  OJ L 195, 24.7.2008, p. 24.

1

(2)  Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ L 236, 23.9.2003, p. 33).

2

(3)  
  OJ C 29, 7.2.2003, p. 6.

3

(4)  
  OJ L 83, 1.4.2003, p. 66.

4

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Corrigenda

| 7.1.2009 | EN | Official Journal of the European Union | L 3/6 |
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7.1.2009

EN

Official Journal of the European Union

L 3/6

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Corrigendum to Commission Regulation (EC) No 983/2008 of 3 October 2008 adopting the plan allocating to the Member States resources to be charged to the 2009 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community

(
  Official Journal of the European Union L 268 of 9 October 2008
  )

On page 5, Annex I, table (b), second column, ‘Sugar’, tenth line, ‘Polska’:

for:

‘
  49 554
  ’,

read:

‘
  49 544
  ’.

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7.1.2009

| 7.1.2009 | EN | Official Journal of the European Union | L 3/s3 |
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EN

Official Journal of the European Union

L 3/s3

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NOTE TO THE READER

The institutions have decided no longer to quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

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