# Official Journal L 70/2009

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 70 |
| | |
| English edition | Legislation | Volume 5214 March 2009 |

ISSN 1725-2555

Official Journal

of the European Union

L 70

English edition

Legislation

Volume 5214 March 2009

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 196/2009 of 13 March 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 197/2009 of 13 March 2009 fixing the import duties in the cereals sector applicable from 16 March 2009 | 3 |
| | * | Commission Regulation (EC) No 198/2009 of 10 March 2009 concerning the classification of certain goods in the Combined Nomenclature | 6 |
| | * | Commission Regulation (EC) No 199/2009 of 13 March 2009 laying down a transitional measure derogating from Regulation (EC) No 2160/2003 of the European Parliament and of the Council, as regards direct supply of small quantities of fresh meat derived from flocks of broilers and turkeys (
  1
  ) | 9 |
| | | DIRECTIVES |
| | * | Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (
  1
  ) | 11 |
| | * | Commission Directive 2009/19/EC of 12 March 2009 amending, for the purposes of its adaptation to technical progress, Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles (
  1
  ) | 17 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 196/2009 of 13 March 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 197/2009 of 13 March 2009 fixing the import duties in the cereals sector applicable from 16 March 2009

3

*

Commission Regulation (EC) No 198/2009 of 10 March 2009 concerning the classification of certain goods in the Combined Nomenclature

6

*

Commission Regulation (EC) No 199/2009 of 13 March 2009 laying down a transitional measure derogating from Regulation (EC) No 2160/2003 of the European Parliament and of the Council, as regards direct supply of small quantities of fresh meat derived from flocks of broilers and turkeys (
  1
  )

1

9

DIRECTIVES

*

Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (
  1
  )

1

11

*

Commission Directive 2009/19/EC of 12 March 2009 amending, for the purposes of its adaptation to technical progress, Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles (
  1
  )

1

17

| | |
| --- | --- |
| | (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

| 14.3.2009 | EN | Official Journal of the European Union | L 70/1 |
| --- | --- | --- | --- |

14.3.2009

EN

Official Journal of the European Union

L 70/1

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COMMISSION REGULATION (EC) No 196/2009

of 13 March 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 14 March 2009.

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

Done at Brussels, 13 March 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 | IL | 148,7 |
| JO | 78,3 |
| MA | 49,2 |
| TN | 134,4 |
| TR | 98,6 |
| ZZ | 101,8 |
| 0707 00 05 | EG | 139,2 |
| JO | 158,4 |
| MA | 74,1 |
| MK | 139,3 |
| TR | 147,4 |
| ZZ | 131,7 |
| 0709 90 70 | JO | 249,0 |
| MA | 57,3 |
| TR | 93,1 |
| ZZ | 133,1 |
| 0709 90 80 | EG | 88,5 |
| ZZ | 88,5 |
| 0805 10 20 | EG | 41,8 |
| IL | 56,0 |
| MA | 49,9 |
| TN | 51,3 |
| TR | 66,0 |
| ZZ | 53,0 |
| 0805 50 10 | EG | 51,3 |
| MA | 61,0 |
| TR | 50,0 |
| ZZ | 54,1 |
| 0808 10 80 | AR | 101,3 |
| BR | 83,0 |
| CA | 95,8 |
| CL | 87,9 |
| CN | 84,7 |
| MK | 22,7 |
| US | 113,5 |
| UY | 68,9 |
| ZZ | 82,2 |
| 0808 20 50 | AR | 78,2 |
| CL | 109,6 |
| CN | 45,2 |
| US | 104,6 |
| ZA | 91,8 |
| ZZ | 85,9 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

148,7

JO

78,3

MA

49,2

TN

134,4

TR

98,6

ZZ

101,8

0707 00 05

EG

139,2

JO

158,4

MA

74,1

MK

139,3

TR

147,4

ZZ

131,7

0709 90 70

JO

249,0

MA

57,3

TR

93,1

ZZ

133,1

0709 90 80

EG

88,5

ZZ

88,5

0805 10 20

EG

41,8

IL

56,0

MA

49,9

TN

51,3

TR

66,0

ZZ

53,0

0805 50 10

EG

51,3

MA

61,0

TR

50,0

ZZ

54,1

0808 10 80

AR

101,3

BR

83,0

CA

95,8

CL

87,9

CN

84,7

MK

22,7

US

113,5

UY

68,9

ZZ

82,2

0808 20 50

AR

78,2

CL

109,6

CN

45,2

US

104,6

ZA

91,8

ZZ

85,9

---

(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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| 14.3.2009 | EN | Official Journal of the European Union | L 70/3 |
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14.3.2009

EN

Official Journal of the European Union

L 70/3

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COMMISSION REGULATION (EC) No 197/2009

of 13 March 2009

fixing the import duties in the cereals sector applicable from 16 March 2009

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 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

| (1) | Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff. |
| --- | --- |

(1)

Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

| (2) | Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question. |
| --- | --- |

(2)

Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

| (3) | Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation. |
| --- | --- |

(3)

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

| (4) | Import duties should be fixed for the period from 16 March 2009 and should apply until new import duties are fixed and enter into force, |
| --- | --- |

(4)

Import duties should be fixed for the period from 16 March 2009 and should apply until new import duties are fixed and enter into force,

HAS ADOPTED THIS REGULATION:

Article 1

From 16 March 2009, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.

Article 2

This Regulation shall enter into force on 16 March 2009.

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

Done at Brussels, 13 March 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 161, 29.6.1996, p. 125.

2

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ANNEX I

Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 16 March 2009

| CN code | Description | Import duties (1)

  (EUR/t) |
| --- | --- | --- |
| 1001 10 00 | Durum wheat, high quality | 0,00 |
| medium quality | 0,00 |
| low quality | 0,00 |
| 1001 90 91 | Common wheat seed | 0,00 |
| ex 1001 90 99 | High quality common wheat, other than for sowing | 0,00 |
| 1002 00 00 | Rye | 23,29 |
| 1005 10 90 | Maize seed other than hybrid | 15,89 |
| 1005 90 00 | Maize, other than seed (2) | 15,89 |
| 1007 00 90 | Grain sorghum other than hybrids for sowing | 23,29 |

CN code

Description

Import duties (1)

(EUR/t)

1001 10 00

Durum wheat, high quality

0,00

medium quality

0,00

low quality

0,00

1001 90 91

Common wheat seed

0,00

ex 1001 90 99

High quality common wheat, other than for sowing

0,00

1002 00 00

Rye

23,29

1005 10 90

Maize seed other than hybrid

15,89

1005 90 00

Maize, other than seed (2)

15,89

1007 00 90

Grain sorghum other than hybrids for sowing

23,29

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(1)  For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal the importer may benefit, under Article 2(4) of Regulation (EC) No 1249/96, from a reduction in the duty of:

| — | 3 EUR/t, where the port of unloading is on the Mediterranean Sea, or |
| --- | --- |

—

3 EUR/t, where the port of unloading is on the Mediterranean Sea, or

| — | 2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or the Atlantic coast of the Iberian peninsula. |
| --- | --- |

—

2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or the Atlantic coast of the Iberian peninsula.

(2)  The importer may benefit from a flatrate reduction of EUR 24 per tonne where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.

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ANNEX II

Factors for calculating the duties laid down in Annex I

27.2.2009-12.3.2009

| 1. | Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:











  (EUR/t) |
| --- | --- |
| | Common wheat (1) | Maize | Durum wheat, high quality | Durum wheat, medium quality (2) | Durum wheat, low quality (3) | Barley |
| Exchange | Minnéapolis | Chicago | — | — | — | — |
| Quotation | 190,27 | 113,05 | — | — | — | — |
| Fob price USA | — | — | 214,03 | 204,03 | 184,03 | 119,71 |
| Gulf of Mexico premium | 59,81 | 14,06 | — | — | — | — |
| Great Lakes premium | — | — | — | — | — | — |

1.

Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:

(EUR/t)

Common wheat (1)

Maize

Durum wheat, high quality

Durum wheat, medium quality (2)

Durum wheat, low quality (3)

Barley

Exchange

Minnéapolis

Chicago

—

—

—

—

Quotation

190,27

113,05

—

—

—

—

Fob price USA

—

—

214,03

204,03

184,03

119,71

Gulf of Mexico premium

59,81

14,06

—

—

—

—

Great Lakes premium

—

—

—

—

—

—

| 2. | Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:






  Freight costs: Gulf of Mexico–Rotterdam: | 17,60 EUR/t |
| --- | --- | --- |
| Freight costs: Great Lakes–Rotterdam: | 17,90 EUR/t |

2.

Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:

Freight costs: Gulf of Mexico–Rotterdam:

17,60 EUR/t

Freight costs: Great Lakes–Rotterdam:

17,90 EUR/t

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(1)  Premium of 14 EUR/t incorporated (Article 4(3) of Regulation (EC) No 1249/96).

(2)  Discount of 10 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

(3)  Discount of 30 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

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| 14.3.2009 | EN | Official Journal of the European Union | L 70/6 |
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14.3.2009

EN

Official Journal of the European Union

L 70/6

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COMMISSION REGULATION (EC) No 198/2009

of 10 March 2009

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,

Whereas:

| (1) | In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
| --- | --- |

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

| (2) | Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods. |
| --- | --- |

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.

| (3) | Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex should be classified under the CN code indicated in column 2, by virtue of the reasons set out in column 3 of that table. |
| --- | --- |

(3)

Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex should be classified under the CN code indicated in column 2, by virtue of the reasons set out in column 3 of that table.

| (4) | It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2). |
| --- | --- |

(4)

It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
| --- | --- |

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column 2 of that table.

Article 2

Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.

Article3

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

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

Done at Brussels, 10 March 2009.

For the Commission

László KOVÁCS

Member of the Commission

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(1)  OJ L 256, 7.9.1987, p. 1.

1

(2)  OJ L 302, 19.10.1992, p. 1.

2

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ANNEX

| Description of the goods | Classification
  (CN code) | Reasons |
| --- | --- | --- |
| (1) | (2) | (3) |
| Article measuring approximately 4 m × 30 m, made up of woven strands of plant material (sea-grass).
  The weft consists of two intertwined twisted strands of plant material (sea-grass) of a kind used primarily for stuffing cushions.
  The warp consists of one single twisted strand of spun natural textile fibres of plant material (sea-grass fibres) (the strand measures more than 20 000 decitex).
  The article has a cellular rubber backing.
  (sea-grass floor covering)
  (See photographs Nos 648A and 648B. The photographs show a section cut out of the article) (1) | 4601 94 10 | Classification is determined by General Rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, note 1 to Chapter 46, note 1 to Chapter 57, note 3(A)(e) to Section XI and the wording of CN codes 4601, 4601 94 and 4601 94 10.
  The article consists of three different materials:






  (1) | The two intertwined twisted strands of plant material (weft) are made of vegetable materials of heading 1404 of a kind used primarily for stuffing cushions (see the Harmonised System Explanatory notes (HSEN) to heading 1404, (D), first paragraph and third paragraph, (4) which refers to ‘eel-grass’ that is a sort of sea-grass).
  The vegetable materials are processed into a kind of cord made from non-crushed vegetable materials assembled simply by twisting, and, as such, they are products similar to plaits of heading 4601 (see the HSEN to heading 4601, (A)(2)(b)) and ‘in a state suitable for plaiting’ which makes them ‘plaiting materials’ within the meaning of note 1 to Chapter 46. |

Description of the goods

Classification

(CN code)

Reasons

(1)

(2)

(3)

Article measuring approximately 4 m × 30 m, made up of woven strands of plant material (sea-grass).

The weft consists of two intertwined twisted strands of plant material (sea-grass) of a kind used primarily for stuffing cushions.

The warp consists of one single twisted strand of spun natural textile fibres of plant material (sea-grass fibres) (the strand measures more than 20 000 decitex).

The article has a cellular rubber backing.

(sea-grass floor covering)

(See photographs Nos 648A and 648B. The photographs show a section cut out of the article) (1)

4601 94 10

Classification is determined by General Rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, note 1 to Chapter 46, note 1 to Chapter 57, note 3(A)(e) to Section XI and the wording of CN codes 4601, 4601 94 and 4601 94 10.

The article consists of three different materials:

(1)

The two intertwined twisted strands of plant material (weft) are made of vegetable materials of heading 1404 of a kind used primarily for stuffing cushions (see the Harmonised System Explanatory notes (HSEN) to heading 1404, (D), first paragraph and third paragraph, (4) which refers to ‘eel-grass’ that is a sort of sea-grass).

The vegetable materials are processed into a kind of cord made from non-crushed vegetable materials assembled simply by twisting, and, as such, they are products similar to plaits of heading 4601 (see the HSEN to heading 4601, (A)(2)(b)) and ‘in a state suitable for plaiting’ which makes them ‘plaiting materials’ within the meaning of note 1 to Chapter 46.

| (2) | The single twisted strand of spun natural textile fibres of plant material (warp) are made of fibres obtained from vegetable materials. The fibres are held together by twisting (spinning) (see the HSEN to Section XI, General, (I)(B)(1)(i)(a)). These ‘spun yarns’ are to be treated as ‘twine’ of heading 5607 within the meaning of note 3(A)(e) to Section XI, because the single twisted strand measures more than 20 000 decitex (see also the distinction between yarns and twine in table I (type – of other vegetable fibres) in the HSEN to Section XI, General, (I)(B)(2) and the HSEN to heading 5308 (A), second paragraph, and the HSEN to heading 5607 (1), first paragraph). |
| --- | --- |

(2)

The single twisted strand of spun natural textile fibres of plant material (warp) are made of fibres obtained from vegetable materials. The fibres are held together by twisting (spinning) (see the HSEN to Section XI, General, (I)(B)(1)(i)(a)). These ‘spun yarns’ are to be treated as ‘twine’ of heading 5607 within the meaning of note 3(A)(e) to Section XI, because the single twisted strand measures more than 20 000 decitex (see also the distinction between yarns and twine in table I (type – of other vegetable fibres) in the HSEN to Section XI, General, (I)(B)(2) and the HSEN to heading 5308 (A), second paragraph, and the HSEN to heading 5607 (1), first paragraph).

| (3) | The cellular rubber backing of Chapter 40 does not give the article its essential character within the meaning of GIR 3(b), because it is situated underneath and not visible when the article lies on the ground. It functions as backing, rendering the article stiffer, and confers anti-slip properties to the article.
  The article is to be classified as a product of plaiting material similar to plaits, because the intertwined twisted strands of plant material (weft) — that are plaiting materials of heading 4601 — give the article its essential character within the meaning of GIR 3(b). The intertwined twisted strands are much more in quantity than the single textile strands (warp) and they give the product its particular look.
  Consequently, the article cannot be classified as a textile floor covering of Chapter 57 within the meaning of note 1 to Chapter 57, because the exposed surface area of the article is not of textile material but mainly of products similar to plaits of heading 4601. |
| --- | --- |

(3)

The cellular rubber backing of Chapter 40 does not give the article its essential character within the meaning of GIR 3(b), because it is situated underneath and not visible when the article lies on the ground. It functions as backing, rendering the article stiffer, and confers anti-slip properties to the article.

The article is to be classified as a product of plaiting material similar to plaits, because the intertwined twisted strands of plant material (weft) — that are plaiting materials of heading 4601 — give the article its essential character within the meaning of GIR 3(b). The intertwined twisted strands are much more in quantity than the single textile strands (warp) and they give the product its particular look.

Consequently, the article cannot be classified as a textile floor covering of Chapter 57 within the meaning of note 1 to Chapter 57, because the exposed surface area of the article is not of textile material but mainly of products similar to plaits of heading 4601.

| | |
| --- | --- |

Image

Image

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(1)  The photographs are purely for information.

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| 14.3.2009 | EN | Official Journal of the European Union | L 70/9 |
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14.3.2009

EN

Official Journal of the European Union

L 70/9

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COMMISSION REGULATION (EC) No 199/2009

of 13 March 2009

laying down a transitional measure derogating from Regulation (EC) No 2160/2003 of the European Parliament and of the Council, as regards direct supply of small quantities of fresh meat derived from flocks of broilers and turkeys

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents (1) and in particular Article 13 thereof,

Whereas:

| (1) | The purpose of Regulation (EC) No 2160/2003 is to ensure that proper and effective measures are taken to detect and control salmonella and other zoonotic agents at all relevant stages of production, processing and distribution, and particularly at the level of primary production, in order to reduce their prevalence and the risk they pose to public health. |
| --- | --- |

(1)

The purpose of Regulation (EC) No 2160/2003 is to ensure that proper and effective measures are taken to detect and control salmonella and other zoonotic agents at all relevant stages of production, processing and distribution, and particularly at the level of primary production, in order to reduce their prevalence and the risk they pose to public health.

| (2) | Regulation (EC) No 2160/2003 does not apply to primary production for private domestic use or leading to the direct supply, by the producer, of small quantities of primary products to the final consumer or to local retail establishments directly supplying the primary products to the consumers. Pursuant to that Regulation such direct supply is to be governed by national rules ensuring that the objectives of Regulation (EC) No 2160/2003 are achieved. |
| --- | --- |

(2)

Regulation (EC) No 2160/2003 does not apply to primary production for private domestic use or leading to the direct supply, by the producer, of small quantities of primary products to the final consumer or to local retail establishments directly supplying the primary products to the consumers. Pursuant to that Regulation such direct supply is to be governed by national rules ensuring that the objectives of Regulation (EC) No 2160/2003 are achieved.

| (3) | Regulation (EC) No 2160/2003 provides for a Community target to be established for the reduction of the prevalence of all salmonella serotypes with public health significance in broilers and turkeys at the level of primary production. It also provides that the Community target is to include the definition of the testing schemes necessary to verify the achievement of the target. |
| --- | --- |

(3)

Regulation (EC) No 2160/2003 provides for a Community target to be established for the reduction of the prevalence of all salmonella serotypes with public health significance in broilers and turkeys at the level of primary production. It also provides that the Community target is to include the definition of the testing schemes necessary to verify the achievement of the target.

| (4) | Commission Regulation (EC) No 646/2007 (2) implements Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella in broilers at the level of primary production. It also sets out the testing scheme necessary to verify progress in the achievement of the Community target. That testing scheme is to apply from 1 January 2009. |
| --- | --- |

(4)

Commission Regulation (EC) No 646/2007 (2) implements Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella in broilers at the level of primary production. It also sets out the testing scheme necessary to verify progress in the achievement of the Community target. That testing scheme is to apply from 1 January 2009.

| (5) | Commission Regulation (EC) No 584/2008 (3) implements Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella in turkeys at the level of primary production. It also sets out the testing scheme necessary to verify progress in the achievement of the Community target. That testing scheme is to apply from 1 January 2010. |
| --- | --- |

(5)

Commission Regulation (EC) No 584/2008 (3) implements Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella in turkeys at the level of primary production. It also sets out the testing scheme necessary to verify progress in the achievement of the Community target. That testing scheme is to apply from 1 January 2010.

| (6) | Regulation (EC) No 2160/2003 does not apply to certain primary production. However, it applies to flocks of broilers and turkeys where the producer intends to supply small quantities of the fresh meat, derived from such flocks, to the final consumer; or to local retail establishments directly supplying such fresh meat to the final consumer. Accordingly, pursuant to the testing schemes set out in Regulation (EC) No 646/2007 and (EC) No 584/2008 such poultry is to be subjected to mandatory testing prior to slaughter. |
| --- | --- |

(6)

Regulation (EC) No 2160/2003 does not apply to certain primary production. However, it applies to flocks of broilers and turkeys where the producer intends to supply small quantities of the fresh meat, derived from such flocks, to the final consumer; or to local retail establishments directly supplying such fresh meat to the final consumer. Accordingly, pursuant to the testing schemes set out in Regulation (EC) No 646/2007 and (EC) No 584/2008 such poultry is to be subjected to mandatory testing prior to slaughter.

| (7) | Testing of such flocks of broilers and turkeys leads to practical difficulties for producers with very small numbers of animals as continuous testing prior to slaughter would be required. In particular, sales might have to be interrupted since the results of the testing should be known prior to slaughter. |
| --- | --- |

(7)

Testing of such flocks of broilers and turkeys leads to practical difficulties for producers with very small numbers of animals as continuous testing prior to slaughter would be required. In particular, sales might have to be interrupted since the results of the testing should be known prior to slaughter.

| (8) | In order to avoid that a derogation from the mandatory continuous testing in such flocks increase the risk for public health, the Member States should establish national rules governing the supply of the fresh meat of the producer in order that the purpose of Regulation (EC) No 2160/2003 is achieved. |
| --- | --- |

(8)

In order to avoid that a derogation from the mandatory continuous testing in such flocks increase the risk for public health, the Member States should establish national rules governing the supply of the fresh meat of the producer in order that the purpose of Regulation (EC) No 2160/2003 is achieved.

| (9) | It is therefore appropriate as a transitional measure, to exclude from the scope of Regulation (EC) No 2160/2003, flocks of broilers and turkeys where the producer intends to supply small quantities of the fresh meat, derived from such flocks, to the final consumer or to local retail establishments directly supplying such fresh meat to the final consumer. |
| --- | --- |

(9)

It is therefore appropriate as a transitional measure, to exclude from the scope of Regulation (EC) No 2160/2003, flocks of broilers and turkeys where the producer intends to supply small quantities of the fresh meat, derived from such flocks, to the final consumer or to local retail establishments directly supplying such fresh meat to the final consumer.

| (10) | Such supply is rare during the winter period and therefore the transitional measure should apply from spring 2009. |
| --- | --- |

(10)

Such supply is rare during the winter period and therefore the transitional measure should apply from spring 2009.

| (11) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(11)

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

HAS ADOPTED THIS REGULATION:

Article 1

1.   By way of derogation from Article 1(2) of Regulation (EC) No 2160/2003, that Regulation shall not apply to flocks of broilers and turkeys where the producer only intends to supply small quantities of the fresh meat, as defined in point 1.10 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council (4), derived from such flocks, to:

| (a) | the final consumer; or |
| --- | --- |

(a)

the final consumer; or

| (b) | local retail establishments directly supplying such fresh meat to the final consumer. |
| --- | --- |

(b)

local retail establishments directly supplying such fresh meat to the final consumer.

2.   Member States shall establish national rules governing the supply of the fresh meat by the producer, as referred to in paragraph 1, in order that the purpose of Regulation (EC) No 2160/2003 is achieved.

Article 2

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

It shall apply for a period of three years.

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

Done at Brussels, 13 March 2009.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  OJ L 325, 12.12.2003, p. 1.

1

(2)  OJ L 151, 13.6.2007, p. 21.

2

(3)  OJ L 162, 21.6.2008, p. 3.

3

(4)  OJ L 139, 30.4.2004, p. 55. Corrected by OJ L 226, 25.6.2004, p. 22.

4

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DIRECTIVES

| 14.3.2009 | EN | Official Journal of the European Union | L 70/11 |
| --- | --- | --- | --- |

14.3.2009

EN

Official Journal of the European Union

L 70/11

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DIRECTIVE 2009/12/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2009

on airport charges

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

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

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | The main task and commercial activity of airports is to ensure the handling of aircraft, from landing to take-off, and of passengers and cargo, so as to enable air carriers to provide air transport services. For this purpose, airports offer a number of facilities and services related to the operation of aircraft and the processing of passengers and cargo, the cost of which they generally recover through airport charges. Airport managing bodies providing facilities and services for which airport charges are levied should endeavour to operate on a cost-efficient basis. |
| --- | --- |

(1)

The main task and commercial activity of airports is to ensure the handling of aircraft, from landing to take-off, and of passengers and cargo, so as to enable air carriers to provide air transport services. For this purpose, airports offer a number of facilities and services related to the operation of aircraft and the processing of passengers and cargo, the cost of which they generally recover through airport charges. Airport managing bodies providing facilities and services for which airport charges are levied should endeavour to operate on a cost-efficient basis.

| (2) | It is necessary to establish a common framework regulating the essential features of airport charges and the way they are set, as in the absence of such a framework, basic requirements in the relationship between airport managing bodies and airport users may not be met. Such a framework should be without prejudice to the possibility for a Member State to determine if and to what extent revenues from an airport’s commercial activities may be taken into account in establishing airport charges. |
| --- | --- |

(2)

It is necessary to establish a common framework regulating the essential features of airport charges and the way they are set, as in the absence of such a framework, basic requirements in the relationship between airport managing bodies and airport users may not be met. Such a framework should be without prejudice to the possibility for a Member State to determine if and to what extent revenues from an airport’s commercial activities may be taken into account in establishing airport charges.

| (3) | This Directive should apply to airports located in the Community that are above a minimum size as the management and the funding of small airports do not call for the application of a Community framework. |
| --- | --- |

(3)

This Directive should apply to airports located in the Community that are above a minimum size as the management and the funding of small airports do not call for the application of a Community framework.

| (4) | In addition, in a Member State where no airport reaches the minimum size for the application of this Directive, the airport with the highest passenger movements enjoys such a privileged position as a point of entry to that Member State that it is necessary to apply this Directive to that airport in order to guarantee respect for certain basic principles in the relationship between the airport managing body and the airport users, in particular with regard to transparency of charges and non-discrimination among airport users. |
| --- | --- |

(4)

In addition, in a Member State where no airport reaches the minimum size for the application of this Directive, the airport with the highest passenger movements enjoys such a privileged position as a point of entry to that Member State that it is necessary to apply this Directive to that airport in order to guarantee respect for certain basic principles in the relationship between the airport managing body and the airport users, in particular with regard to transparency of charges and non-discrimination among airport users.

| (5) | In order to promote territorial cohesion, Member States should have the possibility to apply a common charging system to cover an airport network. Economic transfers between airports in such networks should comply with Community law. |
| --- | --- |

(5)

In order to promote territorial cohesion, Member States should have the possibility to apply a common charging system to cover an airport network. Economic transfers between airports in such networks should comply with Community law.

| (6) | For reasons of traffic distribution Member States should be able to allow an airport managing body for airports serving the same city or conurbation to apply a common and transparent charging system. Economic transfers between these airports should comply with relevant Community law. |
| --- | --- |

(6)

For reasons of traffic distribution Member States should be able to allow an airport managing body for airports serving the same city or conurbation to apply a common and transparent charging system. Economic transfers between these airports should comply with relevant Community law.

| (7) | Incentives for starting up new routes, such as to promote, inter alia, the development of disadvantaged and outermost regions should only be granted in accordance with Community law. |
| --- | --- |

(7)

Incentives for starting up new routes, such as to promote, inter alia, the development of disadvantaged and outermost regions should only be granted in accordance with Community law.

| (8) | The collection of charges with respect to the provision of air navigation services and groundhandling services has already been addressed by Commission Regulation (EC) No 1794/2006 of 6 December 2006 laying down a common charging scheme for air navigation services (4) and Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (5) respectively. The charges levied for the funding of assistance to disabled passengers and passengers with reduced mobility are governed by Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (6). |
| --- | --- |

(8)

The collection of charges with respect to the provision of air navigation services and groundhandling services has already been addressed by Commission Regulation (EC) No 1794/2006 of 6 December 2006 laying down a common charging scheme for air navigation services (4) and Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (5) respectively. The charges levied for the funding of assistance to disabled passengers and passengers with reduced mobility are governed by Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (6).

| (9) | The Council of the International Civil Aviation Organisation (the ICAO Council) in 2004 adopted policies on airport charges that included, inter alia, the principles of cost-relatedness, non-discrimination and an independent mechanism for economic regulation of airports. |
| --- | --- |

(9)

The Council of the International Civil Aviation Organisation (the ICAO Council) in 2004 adopted policies on airport charges that included, inter alia, the principles of cost-relatedness, non-discrimination and an independent mechanism for economic regulation of airports.

| (10) | The ICAO Council has considered that an airport charge is a levy that is designed and applied specifically to recover the cost of providing facilities and services for civil aviation, while a tax is a levy that is designed to raise national or local government revenues which are generally not applied to civil aviation in their entirety or on a cost-specific basis. |
| --- | --- |

(10)

The ICAO Council has considered that an airport charge is a levy that is designed and applied specifically to recover the cost of providing facilities and services for civil aviation, while a tax is a levy that is designed to raise national or local government revenues which are generally not applied to civil aviation in their entirety or on a cost-specific basis.

| (11) | Airport charges should be non-discriminatory. A compulsory procedure for regular consultation between airport managing bodies and airport users should be put in place with the possibility for either party to have recourse to an independent supervisory authority whenever a decision on airport charges or the modification of the charging system is contested by airport users. |
| --- | --- |

(11)

Airport charges should be non-discriminatory. A compulsory procedure for regular consultation between airport managing bodies and airport users should be put in place with the possibility for either party to have recourse to an independent supervisory authority whenever a decision on airport charges or the modification of the charging system is contested by airport users.

| (12) | In order to ensure impartial decisions and the proper and effective application of this Directive, an independent supervisory authority should be established in every Member State. The authority should be in possession of all the necessary resources in terms of staffing, expertise, and financial means for the performance of its tasks. |
| --- | --- |

(12)

In order to ensure impartial decisions and the proper and effective application of this Directive, an independent supervisory authority should be established in every Member State. The authority should be in possession of all the necessary resources in terms of staffing, expertise, and financial means for the performance of its tasks.

| (13) | It is vital for airport users to obtain from the airport managing body, on a regular basis, information on how and on what basis airport charges are calculated. Such transparency would provide air carriers with an insight into the costs incurred by the airport and the productivity of an airport’s investments. To allow an airport managing body to properly assess the requirements with regard to future investments, the airport users should be required to share all their operational forecasts, development projects and specific demands and suggestions with the airport managing body on a timely basis. |
| --- | --- |

(13)

It is vital for airport users to obtain from the airport managing body, on a regular basis, information on how and on what basis airport charges are calculated. Such transparency would provide air carriers with an insight into the costs incurred by the airport and the productivity of an airport’s investments. To allow an airport managing body to properly assess the requirements with regard to future investments, the airport users should be required to share all their operational forecasts, development projects and specific demands and suggestions with the airport managing body on a timely basis.

| (14) | Airport managing bodies should inform airport users about major infrastructure projects as these have a significant impact on the system or the level of airport charges. Such information should be provided in order to make monitoring of infrastructure costs possible and with a view to providing suitable and cost-effective facilities at the airport concerned. |
| --- | --- |

(14)

Airport managing bodies should inform airport users about major infrastructure projects as these have a significant impact on the system or the level of airport charges. Such information should be provided in order to make monitoring of infrastructure costs possible and with a view to providing suitable and cost-effective facilities at the airport concerned.

| (15) | Airport managing bodies should be enabled to apply airport charges corresponding to the infrastructure and/or the level of service provided as air carriers have a legitimate interest to require services from an airport managing body that correspond to the price/quality ratio. However, access to a differentiated level of infrastructure or services should be open to all carriers that wish to avail of them on a non-discriminatory basis. If demand exceeds supply, access should be determined on the basis of objective and non-discriminatory criteria to be developed by an airport managing body. Any differentiation in airport charges should be transparent, objective and based on clear criteria. |
| --- | --- |

(15)

Airport managing bodies should be enabled to apply airport charges corresponding to the infrastructure and/or the level of service provided as air carriers have a legitimate interest to require services from an airport managing body that correspond to the price/quality ratio. However, access to a differentiated level of infrastructure or services should be open to all carriers that wish to avail of them on a non-discriminatory basis. If demand exceeds supply, access should be determined on the basis of objective and non-discriminatory criteria to be developed by an airport managing body. Any differentiation in airport charges should be transparent, objective and based on clear criteria.

| (16) | Airport users and the airport managing body should be able to conclude a service level agreement with regard to the quality of service provided in return for airport charges. Negotiations on the quality of service provided in return for airport charges could take place as part of the regular consultation. |
| --- | --- |

(16)

Airport users and the airport managing body should be able to conclude a service level agreement with regard to the quality of service provided in return for airport charges. Negotiations on the quality of service provided in return for airport charges could take place as part of the regular consultation.

| (17) | Different systems exist in different Member States concerning the pre-financing of airport investments. In Member States where pre-financing occurs, Member States or airport managing bodies should refer to ICAO policies and/or establish their own safeguards. |
| --- | --- |

(17)

Different systems exist in different Member States concerning the pre-financing of airport investments. In Member States where pre-financing occurs, Member States or airport managing bodies should refer to ICAO policies and/or establish their own safeguards.

| (18) | This Directive should be without prejudice to the Treaty, in particular Articles 81 to 89 thereof. |
| --- | --- |

(18)

This Directive should be without prejudice to the Treaty, in particular Articles 81 to 89 thereof.

| (19) | Since the objective of this Directive, namely to set common principles for the levying of airport charges at Community airports, cannot be sufficiently achieved by the Member States as systems of airport charges can not be put in place at national level in a uniform way throughout the Community and can therefore, by reason of its scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective, |
| --- | --- |

(19)

Since the objective of this Directive, namely to set common principles for the levying of airport charges at Community airports, cannot be sufficiently achieved by the Member States as systems of airport charges can not be put in place at national level in a uniform way throughout the Community and can therefore, by reason of its scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter

1.   This Directive sets common principles for the levying of airport charges at Community airports.

2.   This Directive shall apply to any airport located in a territory subject to the Treaty and open to commercial traffic whose annual traffic is over five million passenger movements and to the airport with the highest passenger movement in each Member State.

3.   Member States shall publish a list of the airports on their territory to which this Directive applies. This list shall be based on data from the Commission (Eurostat) and shall be updated annually.

4.   This Directive shall not apply to the charges collected for the remuneration of en route and terminal air navigation services in accordance with Regulation (EC) No 1794/2006, or to the charges collected for the remuneration of groundhandling services referred to in the Annex to Directive 96/67/EC, or to the charges levied for the funding of assistance to disabled passengers and passengers with reduced mobility referred to in Regulation (EC) No 1107/2006.

5.   This Directive shall be without prejudice to the right of each Member State to apply additional regulatory measures that are not incompatible with this Directive or other relevant provisions of Community law with regard to any airport managing body located in its territory. This may include economic oversight measures, such as the approval of charging systems and/or the level of charges, including incentive-based charging methods or price cap regulation.

Article 2

Definitions

For the purposes of this Directive:

| 1. | ‘airport’ means any land area specifically adapted for the landing, taking-off and manoeuvring of aircraft, including the ancillary installations which these operations may involve for the requirements of aircraft traffic and services, including the installations needed to assist commercial air services; |
| --- | --- |

1.

‘airport’ means any land area specifically adapted for the landing, taking-off and manoeuvring of aircraft, including the ancillary installations which these operations may involve for the requirements of aircraft traffic and services, including the installations needed to assist commercial air services;

| 2. | ‘airport managing body’ means a body which, in conjunction with other activities or not as the case may be, has as its objective under national laws, regulations or contracts the administration and management of the airport or airport network infrastructures and the coordination and control of the activities of the different operators present in the airports or airport network concerned; |
| --- | --- |

2.

‘airport managing body’ means a body which, in conjunction with other activities or not as the case may be, has as its objective under national laws, regulations or contracts the administration and management of the airport or airport network infrastructures and the coordination and control of the activities of the different operators present in the airports or airport network concerned;

| 3. | ‘airport user’ means any natural or legal person responsible for the carriage of passengers, mail and/or freight by air to or from the airport concerned; |
| --- | --- |

3.

‘airport user’ means any natural or legal person responsible for the carriage of passengers, mail and/or freight by air to or from the airport concerned;

| 4. | ‘airport charge’ means a levy collected for the benefit of the airport managing body and paid by the airport users for the use of facilities and services, which are exclusively provided by the airport managing body and which are related to landing, take-off, lighting and parking of aircraft, and processing of passengers and freight; |
| --- | --- |

4.

‘airport charge’ means a levy collected for the benefit of the airport managing body and paid by the airport users for the use of facilities and services, which are exclusively provided by the airport managing body and which are related to landing, take-off, lighting and parking of aircraft, and processing of passengers and freight;

| 5. | ‘airport network’ means a group of airports duly designated as such by the Member State and operated by the same airport managing body. |
| --- | --- |

5.

‘airport network’ means a group of airports duly designated as such by the Member State and operated by the same airport managing body.

Article 3

Non-discrimination

Member States shall ensure that airport charges do not discriminate among airport users, in accordance with Community law. This does not prevent the modulation of airport charges for issues of public and general interest, including environmental issues. The criteria used for such a modulation shall be relevant, objective and transparent.

Article 4

Airport network

Member States may allow the airport managing body of an airport network to introduce a common and transparent airport charging system to cover the airport network.

Article 5

Common charging systems

After having informed the Commission and in accordance with Community law, Member States may allow an airport managing body to apply a common and transparent charging system at airports serving the same city or conurbation, provided that each airport fully complies with the requirements on transparency set out in Article 7.

Article 6

Consultation and remedy

1.   Member States shall ensure that a compulsory procedure for regular consultation between the airport managing body and airport users or the representatives or associations of airport users is established with respect to the operation of the system of airport charges, the level of airport charges and, as appropriate, the quality of service provided. Such consultation shall take place at least once a year, unless agreed otherwise in the latest consultation. Where a multi-annual agreement between the airport managing body and the airport users exists, the consultations shall take place as foreseen in such agreement. Member States shall retain the right to request more frequent consultations.

2.   Member States shall ensure that, wherever possible, changes to the system or the level of airport charges are made in agreement between the airport managing body and the airport users. To that end, the airport managing body shall submit any proposal to modify the system or the level of airport charges to the airport users, together with the reasons for the proposed changes, no later than four months before they enter into force, unless there are exceptional circumstances which need to be justified to airport users. The airport managing body shall hold consultations on the proposed changes with the airport users and take their views into account before a decision is taken. The airport managing body shall normally publish its decision or recommendation no later than two months before its entry into force. The airport managing body shall justify its decision with regard to the views of the airport users in the event that no agreement on the proposed changes is reached between the airport managing body and the airport users.

3.   Member States shall ensure that in the event of a disagreement over a decision on airport charges taken by the airport managing body, either party may seek the intervention of the independent supervisory authority referred to in Article 11 which shall examine the justifications for the modification of the system or the level of airport charges.

4.   A modification of the system or the level of airport charges decided upon by the airport managing body shall, if brought before the independent supervisory authority, not take effect until that authority has examined the matter. The independent supervisory authority shall, within four weeks of the matter being brought before it, take an interim decision on the entry into force of the modification of airport charges, unless the final decision can be taken within the same deadline.

5.   A Member State may decide not to apply paragraphs 3 and 4 in relation to changes to the level or the structure of the airport charges at those airports for which:

| (a) | there is a mandatory procedure under national law whereby airport charges, or their maximum level, shall be determined or approved by the independent supervisory authority; or |
| --- | --- |

(a)

there is a mandatory procedure under national law whereby airport charges, or their maximum level, shall be determined or approved by the independent supervisory authority; or

| (b) | there is a mandatory procedure under national law whereby the independent supervisory authority examines, on a regular basis or in response to requests from interested parties, whether such airports are subject to effective competition. Whenever warranted on the basis of such an examination, the Member State shall decide that the airport charges, or their maximum level, shall be determined or approved by the independent supervisory authority. This decision shall apply for as long as is necessary on the basis of the examination conducted by that authority. |
| --- | --- |

(b)

there is a mandatory procedure under national law whereby the independent supervisory authority examines, on a regular basis or in response to requests from interested parties, whether such airports are subject to effective competition. Whenever warranted on the basis of such an examination, the Member State shall decide that the airport charges, or their maximum level, shall be determined or approved by the independent supervisory authority. This decision shall apply for as long as is necessary on the basis of the examination conducted by that authority.

The procedures, conditions and criteria applied for the purpose of this paragraph by the Member State shall be relevant, objective, non-discriminatory and transparent.

Article 7

Transparency

1.   Member States shall ensure that the airport managing body provides each airport user, or the representatives or associations of airport users, every time consultations referred to in Article 6(1) are to be held with information on the components serving as a basis for determining the system or the level of all charges levied at each airport by the airport managing body. The information shall include at least:

| (a) | a list of the various services and infrastructure provided in return for the airport charge levied; |
| --- | --- |

(a)

a list of the various services and infrastructure provided in return for the airport charge levied;

| (b) | the methodology used for setting airport charges; |
| --- | --- |

(b)

the methodology used for setting airport charges;

| (c) | the overall cost structure with regard to the facilities and services which airport charges relate to; |
| --- | --- |

(c)

the overall cost structure with regard to the facilities and services which airport charges relate to;

| (d) | the revenue of the different charges and the total cost of the services covered by them; |
| --- | --- |

(d)

the revenue of the different charges and the total cost of the services covered by them;

| (e) | any financing from public authorities of the facilities and services which airport charges relate to; |
| --- | --- |

(e)

any financing from public authorities of the facilities and services which airport charges relate to;

| (f) | forecasts of the situation at the airport as regards the charges, traffic growth and proposed investments; |
| --- | --- |

(f)

forecasts of the situation at the airport as regards the charges, traffic growth and proposed investments;

| (g) | the actual use of airport infrastructure and equipment over a given period; and |
| --- | --- |

(g)

the actual use of airport infrastructure and equipment over a given period; and

| (h) | the predicted outcome of any major proposed investments in terms of their effects on airport capacity. |
| --- | --- |

(h)

the predicted outcome of any major proposed investments in terms of their effects on airport capacity.

2.   Member States shall ensure that airport users submit information to the airport managing body before every consultation, as provided for in Article 6(1), concerning in particular:

| (a) | forecasts as regards traffic; |
| --- | --- |

(a)

forecasts as regards traffic;

| (b) | forecasts as to the composition and envisaged use of their fleet; |
| --- | --- |

(b)

forecasts as to the composition and envisaged use of their fleet;

| (c) | their development projects at the airport concerned; and |
| --- | --- |

(c)

their development projects at the airport concerned; and

| (d) | their requirements at the airport concerned. |
| --- | --- |

(d)

their requirements at the airport concerned.

3.   Subject to national legislation, the information provided on the basis of this Article shall be considered as confidential or economically sensitive and handled accordingly. In the case of airport managing bodies that are quoted on the stock exchange, stock exchange regulations in particular shall be complied with.

Article 8

New infrastructure

Member States shall ensure that the airport managing body consults with airport users before plans for new infrastructure projects are finalised.

Article 9

Quality standards

1.   In order to ensure smooth and efficient operations at an airport, Member States shall take the necessary measures to allow the airport managing body and the representatives or associations of airport users at the airport to enter into negotiations with a view to concluding a service level agreement with regard to the quality of service provided at the airport. These negotiations on service quality may take place as part of the consultations referred to in Article 6(1).

2.   Any such service level agreement shall determine the level of the service to be provided by the airport managing body which takes into account the actual system or the level of airport charges and the level of service to which airport users are entitled in return for airport charges.

Article 10

Differentiation of services

1.   Member States shall take the necessary measures to allow the airport managing body to vary the quality and scope of particular airport services, terminals or parts of terminals, with the aim of providing tailored services or a dedicated terminal or part of a terminal. The level of airport charges may be differentiated according to the quality and scope of such services and their costs or any other objective and transparent justification. Without prejudice to Article 3, airport managing bodies shall remain free to set any such differentiated airport charges.

2.   Member States shall take the necessary measures to allow any airport user wishing to use the tailored services or dedicated terminal or part of a terminal, to have access to these services and terminal or part of a terminal.

In the event that more airport users wish to have access to the tailored services and/or a dedicated terminal or part of a terminal than is possible due to capacity constraints, access shall be determined on the basis of relevant, objective, transparent and non-discriminatory criteria. These criteria may be set by the airport managing body and Member States may require these criteria to be endorsed by the independent supervisory authority.

Article 11

Independent supervisory authority

1.   Member States shall nominate or establish an independent authority as their national independent supervisory authority in order to ensure the correct application of the measures taken to comply with this Directive and to assume, at least, the tasks assigned under Article 6. Such an authority may be the same as the entity entrusted by a Member State with the application of the additional regulatory measures referred to in Article 1(5), including with the approval of the charging system and/or the level of airport charges, provided that it meets the requirements of paragraph 3 of this Article.

2.   In compliance with national law, this Directive shall not prevent the independent supervisory authority from delegating, under its supervision and full responsibility, the implementation of this Directive to other independent supervisory authorities, provided that implementation takes place in accordance with the same standards.

3.   Member States shall guarantee the independence of the independent supervisory authority by ensuring that it is legally distinct from and functionally independent of any airport managing body and air carrier. Member States that retain ownership of airports, airport managing bodies or air carriers or control of airport managing bodies or air carriers shall ensure that the functions relating to such ownership or control are not vested in the independent supervisory authority. Member States shall ensure that the independent supervisory authority exercises its powers impartially and transparently.

4.   Member States shall notify the Commission of the name and address of the independent supervisory authority, its assigned tasks and responsibilities, and of the measures taken to ensure compliance with paragraph 3.

5.   Member States may establish a funding mechanism for the independent supervisory authority, which may include levying a charge on airport users and airport managing bodies.

6.   Member States shall ensure, in respect of disagreements referred to in Article 6(3), that measures are taken to:

| (a) | establish a procedure for resolving disagreements between the airport managing body and the airport users; |
| --- | --- |

(a)

establish a procedure for resolving disagreements between the airport managing body and the airport users;

| (b) | determine the conditions under which a disagreement may be brought to the independent supervisory authority. The authority shall, in particular, dismiss complaints which it deems are not properly justified or adequately documented; and |
| --- | --- |

(b)

determine the conditions under which a disagreement may be brought to the independent supervisory authority. The authority shall, in particular, dismiss complaints which it deems are not properly justified or adequately documented; and

| (c) | determine the criteria against which disagreements will be assessed for resolution. |
| --- | --- |

(c)

determine the criteria against which disagreements will be assessed for resolution.

These procedures, conditions and criteria shall be non-discriminatory, transparent and objective.

7.   When undertaking an investigation into the justification for the modification of the system or the level of airport charges as set out in Article 6, the independent supervisory authority shall have access to necessary information from the parties concerned and shall be required to consult the parties concerned in order to reach its decision. Without prejudice to Article 6(4), it shall issue a final decision as soon as possible, and in any case within four months of the matter being brought before it. This period may be extended by two months in exceptional and duly justified cases. The decisions of the independent supervisory authority shall have binding effect, without prejudice to parliamentary or judicial review, as applicable in the Member States.

8.   The independent supervisory authority shall publish an annual report concerning its activities.

Article 12

Report and revision

1.   The Commission shall submit to the European Parliament and the Council, by 15 March 2013, a report on the application of this Directive assessing progress made in attaining its objective as well as, where appropriate, any suitable proposal.

2.   Member States and the Commission shall cooperate in the application of this Directive, particularly as regards the collection of information for the report referred to in paragraph 1.

Article 13

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 March 2011. They shall forthwith inform the Commission thereof.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 14

Entry into force

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

Article 15

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 11 March 2009.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

A. VONDRA

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(1)  OJ C 10, 15.1.2008, p. 35.

1

(2)  OJ C 305, 15.12.2007, p. 11.

2

(3)  Opinion of the European Parliament of 15 January 2008 (not yet published in the Official Journal), Council Common Position of 23 June 2008 (OJ C 254 E, 7.10.2008, p. 18) and Position of the European Parliament of 23 October 2008 (not yet published in the Official Journal). Council Decision of 19 February 2009.

3

(4)  OJ L 341, 7.12.2006, p. 3.

4

(5)  OJ L 272, 25.10.1996, p. 36.

5

(6)  OJ L 204, 26.7.2006, p. 1.

6

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| 14.3.2009 | EN | Official Journal of the European Union | L 70/17 |
| --- | --- | --- | --- |

14.3.2009

EN

Official Journal of the European Union

L 70/17

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COMMISSION DIRECTIVE 2009/19/EC

of 12 March 2009

amending, for the purposes of its adaptation to technical progress, Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (1), and in particular Article 39(2) thereof,

Whereas:

| (1) | Council Directive 72/245/EEC of 20 June 1972 relating to the radio interference (electromagnetic compatibility) of vehicles (2) is one of the separate Directives in the context of the EC type-approval procedure established under Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (3). The provisions of Directive 70/156/EEC relating to systems, components and separate technical units for vehicles therefore apply to Directive 72/245/EEC. |
| --- | --- |

(1)

Council Directive 72/245/EEC of 20 June 1972 relating to the radio interference (electromagnetic compatibility) of vehicles (2) is one of the separate Directives in the context of the EC type-approval procedure established under Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (3). The provisions of Directive 70/156/EEC relating to systems, components and separate technical units for vehicles therefore apply to Directive 72/245/EEC.

| (2) | According to point 3.2.9 of Annex I to Directive 72/245/EEC components sold as aftermarket equipment and intended for the installation in motor vehicles do not need type-approval if they are not related to immunity related functions. A transition period of four years starting on 3 December 2004, is provided for, during which a technical service has to determine if the component to be placed on the market is immunity related or not and has to issue an attestation as according to the example shown in Annex III C. Member States are required to report any cases of refusals on safety grounds to the European Commission. That provision requires the Commission to decide, based on the practical experience with that requirement and based on the reports submitted by Member States, before the end of the transition period, if that attestation should still be required in addition to the Declaration of Conformity. |
| --- | --- |

(2)

According to point 3.2.9 of Annex I to Directive 72/245/EEC components sold as aftermarket equipment and intended for the installation in motor vehicles do not need type-approval if they are not related to immunity related functions. A transition period of four years starting on 3 December 2004, is provided for, during which a technical service has to determine if the component to be placed on the market is immunity related or not and has to issue an attestation as according to the example shown in Annex III C. Member States are required to report any cases of refusals on safety grounds to the European Commission. That provision requires the Commission to decide, based on the practical experience with that requirement and based on the reports submitted by Member States, before the end of the transition period, if that attestation should still be required in addition to the Declaration of Conformity.

| (3) | As foreseen in point 3.2.9 of Annex I to Directive 72/245/EEC and having regard to the fact that the European Commission has not received any reports from Member States concerning cases of refusal of attestation, it is now proposed to abolish the involvement of the technical service in the case of components sold as aftermarket equipment and intended for installation in motor vehicles, if they are not related to immunity related functions, and to no longer require the attestation in accordance to the example given in Annex III C, as set out in point 3.2.9 of Annex I. |
| --- | --- |

(3)

As foreseen in point 3.2.9 of Annex I to Directive 72/245/EEC and having regard to the fact that the European Commission has not received any reports from Member States concerning cases of refusal of attestation, it is now proposed to abolish the involvement of the technical service in the case of components sold as aftermarket equipment and intended for installation in motor vehicles, if they are not related to immunity related functions, and to no longer require the attestation in accordance to the example given in Annex III C, as set out in point 3.2.9 of Annex I.

| (4) | Directive 72/245/EEC should therefore be amended accordingly. |
| --- | --- |

(4)

Directive 72/245/EEC should therefore be amended accordingly.

| (5) | The measures provided for in this Directive are in accordance with the opinion of the Technical Committee — Motor Vehicles, |
| --- | --- |

(5)

The measures provided for in this Directive are in accordance with the opinion of the Technical Committee — Motor Vehicles,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 72/245/EEC is amended as follows:

| 1. | In the list of Annexes the following reference to Annex III C is deleted:






  ‘ANNEX III C | Model of attestation with regard to Annex I, 3.2.9.’ |
| --- | --- | --- |

1.

In the list of Annexes the following reference to Annex III C is deleted:

‘ANNEX III C

Model of attestation with regard to Annex I, 3.2.9.’

| 2. | In Annex I, in point 3.2.9, the second subparagraph is deleted. |
| --- | --- |

2.

In Annex I, in point 3.2.9, the second subparagraph is deleted.

| 3. | Annex III C is deleted. |
| --- | --- |

3.

Annex III C is deleted.

Article 2

1.   Member States shall adopt and publish, by 1 October 2009, at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions from 2 October 2009.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 12 March 2009.

For the Commission

Günter VERHEUGEN

Vice-President

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(1)  OJ L 263, 9.10.2007, p. 1.

1

(2)  OJ L 152, 6.7.1972, p. 15.

2

(3)  OJ L 42, 23.2.1970, p. 1.

3

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