# Official Journal L 216/2007

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 216 |
| | |
| English edition | Legislation | Volume 5021 August 2007 |

ISSN 1725-2555

Official Journal

of the European Union

L 216

English edition

Legislation

Volume 5021 August 2007

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| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 971/2007 of 20 August 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 972/2007 of 20 August 2007 amending Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers | 3 |
| | * | Commission Regulation (EC) No 973/2007 of 20 August 2007 amending certain EC Regulations on specific statistical domains implementing the statistical classification of economic activities NACE Revision 2 | 10 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 971/2007 of 20 August 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 972/2007 of 20 August 2007 amending Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers

3

*

Commission Regulation (EC) No 973/2007 of 20 August 2007 amending certain EC Regulations on specific statistical domains implementing the statistical classification of economic activities NACE Revision 2

10

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2007/565/EC |
| | * | Commission Decision of 14 August 2007 concerning the non-inclusion in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market of certain substances to be examined under the 10-year work programme referred to in Article 16(2) thereof
  (notified under document number C(2007) 3846)

   (
  1
  ) | 17 |

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

DECISIONS

Commission

2007/565/EC

*

Commission Decision of 14 August 2007 concerning the non-inclusion in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market of certain substances to be examined under the 10-year work programme referred to in Article 16(2) thereof
  (notified under document number C(2007) 3846)

   (
  1
  )

(notified under document number C(2007) 3846)

1

17

| | |
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| | (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

| 21.8.2007 | EN | Official Journal of the European Union | L 216/1 |
| --- | --- | --- | --- |

21.8.2007

EN

Official Journal of the European Union

L 216/1

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COMMISSION REGULATION (EC) No 971/2007

of 20 August 2007

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

| (1) | Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

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

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 21 August 2007.

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

Done at Brussels, 20 August 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

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

1

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ANNEX

to Commission Regulation of 20 August 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MK | 44,3 |
| TR | 77,8 |
| XK | 48,8 |
| XS | 44,3 |
| ZZ | 53,8 |
| 0707 00 05 | TR | 106,4 |
| ZZ | 106,4 |
| 0709 90 70 | TR | 85,9 |
| ZZ | 85,9 |
| 0805 50 10 | AR | 69,7 |
| UY | 78,3 |
| ZA | 65,4 |
| ZZ | 71,1 |
| 0806 10 10 | EG | 151,9 |
| MA | 138,0 |
| TR | 107,1 |
| US | 164,8 |
| ZZ | 140,5 |
| 0808 10 80 | AR | 74,2 |
| BR | 77,5 |
| CL | 81,5 |
| CN | 93,7 |
| NZ | 91,7 |
| US | 101,3 |
| ZA | 86,8 |
| ZZ | 86,7 |
| 0808 20 50 | AR | 52,9 |
| CN | 21,3 |
| NZ | 109,7 |
| TR | 134,3 |
| ZA | 95,2 |
| ZZ | 82,7 |
| 0809 30 10 , 0809 30 90 | TR | 143,0 |
| US | 172,7 |
| ZA | 80,5 |
| ZZ | 132,1 |
| 0809 40 05 | IL | 153,7 |
| ZZ | 153,7 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MK

44,3

TR

77,8

XK

48,8

XS

44,3

ZZ

53,8

0707 00 05

TR

106,4

ZZ

106,4

0709 90 70

TR

85,9

ZZ

85,9

0805 50 10

AR

69,7

UY

78,3

ZA

65,4

ZZ

71,1

0806 10 10

EG

151,9

MA

138,0

TR

107,1

US

164,8

ZZ

140,5

0808 10 80

AR

74,2

BR

77,5

CL

81,5

CN

93,7

NZ

91,7

US

101,3

ZA

86,8

ZZ

86,7

0808 20 50

AR

52,9

CN

21,3

NZ

109,7

TR

134,3

ZA

95,2

ZZ

82,7

0809 30 10 , 0809 30 90

TR

143,0

US

172,7

ZA

80,5

ZZ

132,1

0809 40 05

IL

153,7

ZZ

153,7

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

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| 21.8.2007 | EN | Official Journal of the European Union | L 216/3 |
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21.8.2007

EN

Official Journal of the European Union

L 216/3

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COMMISSION REGULATION (EC) No 972/2007

of 20 August 2007

amending Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (1), and in particular Article 145(c), (j), (k), (l), (m), (n) and (p) thereof,

Whereas:

| (1) | Experienced gained since the introduction of the support schemes under Regulation (EC) No 1782/2003 shows that Commission Regulation (EC) No 796/2004 (2) needs to be amended. Moreover, Regulation (EC) No 796/2004 needs to be clarified with regard to certain aspects and a number of simplifications of the rules should be introduced. In addition, provisions which have become obsolete, in particular because of the ending of the transitional period provided for in Article 71 of Regulation (EC) No 1782/2003, should be deleted. |
| --- | --- |

(1)

Experienced gained since the introduction of the support schemes under Regulation (EC) No 1782/2003 shows that Commission Regulation (EC) No 796/2004 (2) needs to be amended. Moreover, Regulation (EC) No 796/2004 needs to be clarified with regard to certain aspects and a number of simplifications of the rules should be introduced. In addition, provisions which have become obsolete, in particular because of the ending of the transitional period provided for in Article 71 of Regulation (EC) No 1782/2003, should be deleted.

| (2) | In order to ensure coherence between the obligations to declare separate use of parcels and the definition of the ‘agricultural parcel’, that definition should be clarified in the case where a separate declaration of the use of a parcel is required in the context of Regulation (EC) No 796/2004. In the case where that separate declaration of use concerns an area within a crop group, it is appropriate to clarify that the agricultural parcel is defined by that use. |
| --- | --- |

(2)

In order to ensure coherence between the obligations to declare separate use of parcels and the definition of the ‘agricultural parcel’, that definition should be clarified in the case where a separate declaration of the use of a parcel is required in the context of Regulation (EC) No 796/2004. In the case where that separate declaration of use concerns an area within a crop group, it is appropriate to clarify that the agricultural parcel is defined by that use.

| (3) | Following the accession of Bulgaria and Romania to the European Union the definition of the term ‘new Member States’ needs to be updated. |
| --- | --- |

(3)

Following the accession of Bulgaria and Romania to the European Union the definition of the term ‘new Member States’ needs to be updated.

| (4) | To ensure an adequate and reliable system for identification of the agricultural parcels, the provisions concerning the declaration of areas and in particular, the need to indicate the new boundaries of the reference parcels when the pre-printed application form is corrected, needs to be clarified. |
| --- | --- |

(4)

To ensure an adequate and reliable system for identification of the agricultural parcels, the provisions concerning the declaration of areas and in particular, the need to indicate the new boundaries of the reference parcels when the pre-printed application form is corrected, needs to be clarified.

| (5) | Following the amended rules for payments for energy crops and the introduction of the written declaration provided for in Article 33(2) of Commission Regulation (EC) No 1973/2004 of 29 October 2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials (3) as amended by Regulation (EC) No 270/2007 (4), Articles 13 and 24 of Regulation (EC) No 796/2004 should be amended accordingly. |
| --- | --- |

(5)

Following the amended rules for payments for energy crops and the introduction of the written declaration provided for in Article 33(2) of Commission Regulation (EC) No 1973/2004 of 29 October 2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials (3) as amended by Regulation (EC) No 270/2007 (4), Articles 13 and 24 of Regulation (EC) No 796/2004 should be amended accordingly.

| (6) | To verify the eligibility of certain payments, the farmer is required to send supporting documents when he is making his application. In order to simplify the administration for the farmer as well as for the national authorities, it should be possible for the national authority to require those documents directly from the source of information. |
| --- | --- |

(6)

To verify the eligibility of certain payments, the farmer is required to send supporting documents when he is making his application. In order to simplify the administration for the farmer as well as for the national authorities, it should be possible for the national authority to require those documents directly from the source of information.

| (7) | The integration of the banana reference amounts into the single payment scheme following the reform in the banana sector, as provided for by Council Regulation (EC) No 2013/2006 of 19 December 2006 amending Regulations (EEC) No 404/93, (EC) No 1782/2003 and (EC) No 247/2006 as regards the banana sector (5), requires flexibility concerning possible additions and amendments to the single application during the year 2007. However, the dates for the submission of the single application as provided for in Article 11 of Regulation (EC) No 796/2004 should be maintained in order to allow the Member States to organise their respective control programmes in due time. |
| --- | --- |

(7)

The integration of the banana reference amounts into the single payment scheme following the reform in the banana sector, as provided for by Council Regulation (EC) No 2013/2006 of 19 December 2006 amending Regulations (EEC) No 404/93, (EC) No 1782/2003 and (EC) No 247/2006 as regards the banana sector (5), requires flexibility concerning possible additions and amendments to the single application during the year 2007. However, the dates for the submission of the single application as provided for in Article 11 of Regulation (EC) No 796/2004 should be maintained in order to allow the Member States to organise their respective control programmes in due time.

| (8) | Based on experience, the current provisions for selection of farmers for on-the-spot checks and the control rates should be improved and more flexibility should be given to the Member States. This can be achieved by setting the requirement of a sample to at least 5 % of the farmers applying for the single payment scheme or the single area payment scheme. At the same time the Member State should assure that at least 3 % of the farmers applying for the aid schemes provided for under Titles III, IV and IVa of Regulation (EC) No 1782/2003 are selected for control. The control rate for farmers whose agricultural parcels are being declared by a producer group applying for hops payments should be adapted accordingly. For ovine and caprine premia, the introduction of a centralised database for registration of the animals justifies a decrease of the control rate. |
| --- | --- |

(8)

Based on experience, the current provisions for selection of farmers for on-the-spot checks and the control rates should be improved and more flexibility should be given to the Member States. This can be achieved by setting the requirement of a sample to at least 5 % of the farmers applying for the single payment scheme or the single area payment scheme. At the same time the Member State should assure that at least 3 % of the farmers applying for the aid schemes provided for under Titles III, IV and IVa of Regulation (EC) No 1782/2003 are selected for control. The control rate for farmers whose agricultural parcels are being declared by a producer group applying for hops payments should be adapted accordingly. For ovine and caprine premia, the introduction of a centralised database for registration of the animals justifies a decrease of the control rate.

| (9) | Taking too many pre-defined factors into account when doing the risk analyses to select a sample for on-the-spot controls could have an adverse effect on the sample. Therefore it is appropriate to give the responsibility to choose the risk factors to the competent authority as it is in a better position to chose the relevant risk factors. To assure relevant and efficient risk analyses, the effectiveness of the risk analyses should be assessed and updated on an annual basis taking into account the relevance of each risk factor, comparing the results of randomly and risk based selected samples and the specific situation in the Member State. |
| --- | --- |

(9)

Taking too many pre-defined factors into account when doing the risk analyses to select a sample for on-the-spot controls could have an adverse effect on the sample. Therefore it is appropriate to give the responsibility to choose the risk factors to the competent authority as it is in a better position to chose the relevant risk factors. To assure relevant and efficient risk analyses, the effectiveness of the risk analyses should be assessed and updated on an annual basis taking into account the relevance of each risk factor, comparing the results of randomly and risk based selected samples and the specific situation in the Member State.

| (10) | In order to make it possible to start the on-the-spot checks as early as possible in the year also before all information on the application forms is available, it should be possible for the competent authority to make a partial selection of the control sample based on already available information. |
| --- | --- |

(10)

In order to make it possible to start the on-the-spot checks as early as possible in the year also before all information on the application forms is available, it should be possible for the competent authority to make a partial selection of the control sample based on already available information.

| (11) | Rules for identification and registration of ovine and caprine animals have been introduced by Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (6). Those rules also apply on animals for which an aid is applied for. Therefore the relevant provisions in Regulation (EC) No 796/2004 should be updated. |
| --- | --- |

(11)

Rules for identification and registration of ovine and caprine animals have been introduced by Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (6). Those rules also apply on animals for which an aid is applied for. Therefore the relevant provisions in Regulation (EC) No 796/2004 should be updated.

| (12) | On-the-spot checks can either be performed by a visit on the farm or via remote sensing. The two ways of performing the checks have equal value and that should be clarified by streamlining the rules for the different ways of performing an on-the-spot check. |
| --- | --- |

(12)

On-the-spot checks can either be performed by a visit on the farm or via remote sensing. The two ways of performing the checks have equal value and that should be clarified by streamlining the rules for the different ways of performing an on-the-spot check.

| (13) | In order to ensure the quality of the on-the-spot checks, provisions to assure a minimum quality of measurements of areas should be introduced and the means used should be proven to assure a quality at least equivalent to that required by applicable technical standard as drawn up at Community level. |
| --- | --- |

(13)

In order to ensure the quality of the on-the-spot checks, provisions to assure a minimum quality of measurements of areas should be introduced and the means used should be proven to assure a quality at least equivalent to that required by applicable technical standard as drawn up at Community level.

| (14) | Experience has shown that the use of a perimeter tolerance when measuring parcels is the most appropriate. Focusing on the perimeter tolerance would furthermore simplify the systems and assure equal treatment of farmers in different Member States. |
| --- | --- |

(14)

Experience has shown that the use of a perimeter tolerance when measuring parcels is the most appropriate. Focusing on the perimeter tolerance would furthermore simplify the systems and assure equal treatment of farmers in different Member States.

| (15) | Experience gained shows that it is possible to simplify the check of documents during the on-the-spot controls for livestock premia without jeopardising the quality of the check. However, if anomalies are found during the check, the time period for which the documents should be checked should be extended. |
| --- | --- |

(15)

Experience gained shows that it is possible to simplify the check of documents during the on-the-spot controls for livestock premia without jeopardising the quality of the check. However, if anomalies are found during the check, the time period for which the documents should be checked should be extended.

| (16) | In relation to applications for area related payments, differences between the total area declared in the application and the total area determined as eligible are often insignificant. To avoid a high number of minor adjustments of applications it should be provided that the aid application should not be adjusted to the area determined unless a certain level of differences is exceeded. |
| --- | --- |

(16)

In relation to applications for area related payments, differences between the total area declared in the application and the total area determined as eligible are often insignificant. To avoid a high number of minor adjustments of applications it should be provided that the aid application should not be adjusted to the area determined unless a certain level of differences is exceeded.

| (17) | The general principle applied is that there is no tolerance when a farmer has intentionally over declared his area. This can lead to an undesired reduction of the payment. A threshold should therefore be introduced also in case of intentional over declaration to assure proportionality when this over declaration is of a limited nature. Nevertheless, it is still an intentional act by the farmer and the tolerance should therefore be at very low level. |
| --- | --- |

(17)

The general principle applied is that there is no tolerance when a farmer has intentionally over declared his area. This can lead to an undesired reduction of the payment. A threshold should therefore be introduced also in case of intentional over declaration to assure proportionality when this over declaration is of a limited nature. Nevertheless, it is still an intentional act by the farmer and the tolerance should therefore be at very low level.

| (18) | When a Member State makes use of the possibility provided for in Article 69 of Regulation (EC) No 1782/2003 and the payments are granted for areas or livestock it is appropriate to apply the rules in Title IV of Regulation (EC) No 796/2004. This needs to be clarified and Article 63 of Regulation (EC) No 796/2004 should be amended accordingly. |
| --- | --- |

(18)

When a Member State makes use of the possibility provided for in Article 69 of Regulation (EC) No 1782/2003 and the payments are granted for areas or livestock it is appropriate to apply the rules in Title IV of Regulation (EC) No 796/2004. This needs to be clarified and Article 63 of Regulation (EC) No 796/2004 should be amended accordingly.

| (19) | In certain cases unduly allocations of entitlements did not affect the total value, but only the number of the entitlements of the farmer. In these cases, the Member States should correct the allocation or where appropriate the type of entitlements, without reducing the value hereof. The provision should only apply if the farmer could not have detected the error. |
| --- | --- |

(19)

In certain cases unduly allocations of entitlements did not affect the total value, but only the number of the entitlements of the farmer. In these cases, the Member States should correct the allocation or where appropriate the type of entitlements, without reducing the value hereof. The provision should only apply if the farmer could not have detected the error.

| (20) | The reporting requirements for the Member States should be updated to assure an efficient reporting of the checks of the production aids for starch potatoes, seeds and tobacco. |
| --- | --- |

(20)

The reporting requirements for the Member States should be updated to assure an efficient reporting of the checks of the production aids for starch potatoes, seeds and tobacco.

| (21) | Regulation (EC) No 796/2004 should therefore be amended accordingly. |
| --- | --- |

(21)

Regulation (EC) No 796/2004 should therefore be amended accordingly.

| (22) | The provision related to the inclusion of banana reference amounts into the single payment scheme provided for in this Regulation concerns aid applications relating to years or premium periods starting from 1 January 2007. This also applies for the provision including Bulgaria and Romania in the definition of ‘new Member States’. Those provisions should therefore apply from 1 January 2007. |
| --- | --- |

(22)

The provision related to the inclusion of banana reference amounts into the single payment scheme provided for in this Regulation concerns aid applications relating to years or premium periods starting from 1 January 2007. This also applies for the provision including Bulgaria and Romania in the definition of ‘new Member States’. Those provisions should therefore apply from 1 January 2007.

| (23) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments, |
| --- | --- |

(23)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 796/2004 is amended as follows:

| 1. | Article 2 is amended as follows:






  (a) | in the first paragraph, point (1)(a) is replaced by the following:






  ‘(1a) | “agricultural parcel”: shall mean a continuous area of land on which a single crop group is cultivated by a single farmer; however, where a separate declaration of the use of an area within a crop group is required in the context of this Regulation, that specific use shall further limit the agricultural parcel;’ |
| --- | --- | --- | --- |

1.

Article 2 is amended as follows:

(a)

in the first paragraph, point (1)(a) is replaced by the following:

‘(1a)

“agricultural parcel”: shall mean a continuous area of land on which a single crop group is cultivated by a single farmer; however, where a separate declaration of the use of an area within a crop group is required in the context of this Regulation, that specific use shall further limit the agricultural parcel;’

| (b) | the second paragraph is replaced by the following:
  ‘For the purposes of this Regulation, “new Member States” shall mean Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia.’; |
| --- | --- |

(b)

the second paragraph is replaced by the following:

‘For the purposes of this Regulation, “new Member States” shall mean Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia.’;

| 2. | Article 8(2) is replaced by the following:

  ‘2.   Where an area is used in common, the competent authorities shall notionally allocate it between the individual farmers in proportion to their use or right of use of it.’; |
| --- | --- |

2.

Article 8(2) is replaced by the following:

‘2.   Where an area is used in common, the competent authorities shall notionally allocate it between the individual farmers in proportion to their use or right of use of it.’;

| 3. | in the second subparagraph of Article 12(4), the first sentence is replaced by the following:

  ‘If the correction relates to the reference parcel area, the farmer shall declare the up-to-date area of each agricultural parcel concerned and where necessary indicate the new boundaries of the reference parcel.’; |
| --- | --- |

3.

in the second subparagraph of Article 12(4), the first sentence is replaced by the following:

‘If the correction relates to the reference parcel area, the farmer shall declare the up-to-date area of each agricultural parcel concerned and where necessary indicate the new boundaries of the reference parcel.’;

| 4. | Article 13 is amended as follows:






  (a) | Paragraph 6 is replaced by the following:

  ‘6.   In the case of an application for energy crops provided for in Chapter 5 of Title IV of Regulation (EC) No 1782/2003, the single application shall contain a copy of the contract the applicant has concluded with a collector or a first processor pursuant to Article 25 of Regulation (EC) No 1973/2004 or, in case of application of Article 33(2) of that Regulation, a written declaration in accordance with that Article.’; |
| --- | --- | --- |

4.

Article 13 is amended as follows:

(a)

Paragraph 6 is replaced by the following:

‘6.   In the case of an application for energy crops provided for in Chapter 5 of Title IV of Regulation (EC) No 1782/2003, the single application shall contain a copy of the contract the applicant has concluded with a collector or a first processor pursuant to Article 25 of Regulation (EC) No 1973/2004 or, in case of application of Article 33(2) of that Regulation, a written declaration in accordance with that Article.’;

| (b) | the following paragraph is added:

  ‘14.   The information required in the supporting documents set out in this Article may, when possible, be requested directly from the source of the information by the competent authority.’; |
| --- | --- |

(b)

the following paragraph is added:

‘14.   The information required in the supporting documents set out in this Article may, when possible, be requested directly from the source of the information by the competent authority.’;

| 5. | Article 15 is amended as follows:






  (a) | in paragraph 1, the third and fourth subparagraphs are replaced by the following:
  ‘Where the amendments referred to in the first and second subparagraphs have a bearing on any supporting documents or contracts to be submitted, the related amendments to such documents or contracts shall also be allowed.’; |
| --- | --- | --- |

5.

Article 15 is amended as follows:

(a)

in paragraph 1, the third and fourth subparagraphs are replaced by the following:

‘Where the amendments referred to in the first and second subparagraphs have a bearing on any supporting documents or contracts to be submitted, the related amendments to such documents or contracts shall also be allowed.’;

| (b) | in paragraph 2, the second subparagraph is replaced by the following:
  ‘However, in respect of the year 2007, the amendments made in accordance with paragraph 1 of this Article shall be notified to the competent authority by 15 June at the latest in those Member States which apply Article 48c(8) of Regulation (EC) No 795/2004. In duly justified cases, notifications of such amendments shall be accepted until 20 days following the publication of Regulation (EC) No 972/2007 (*1) in the Official Journal of the European Union.

  (*1)  
  OJ L 216, 21.8.2007, p. 3.’
  " |
| --- | --- |

(b)

in paragraph 2, the second subparagraph is replaced by the following:

‘However, in respect of the year 2007, the amendments made in accordance with paragraph 1 of this Article shall be notified to the competent authority by 15 June at the latest in those Member States which apply Article 48c(8) of Regulation (EC) No 795/2004. In duly justified cases, notifications of such amendments shall be accepted until 20 days following the publication of Regulation (EC) No 972/2007 (*1) in the Official Journal of the European Union.

*1

Official Journal of the European Union

(*1)  
  OJ L 216, 21.8.2007, p. 3.’
  "

*1

| 6. | in Article 17a(2), the second subparagraph is deleted; |
| --- | --- |

6.

in Article 17a(2), the second subparagraph is deleted;

| 7. | Article 21(3) is deleted; |
| --- | --- |

7.

Article 21(3) is deleted;

| 8. | Article 24(1)(f) is replaced by the following:






  ‘(f) | where supporting documents, contracts, growing declarations or written declarations in accordance with Article 33(2) of Regulation (EC) No 1973/2004 have to be submitted and where applicable, between the agricultural parcels as declared in the single application and in the supporting documents, contracts, growing declarations or written declarations in accordance with Article 33(2) of Regulation (EC) No 1973/2004 to verify the eligibility for aid of the area;’ |
| --- | --- | --- |

8.

Article 24(1)(f) is replaced by the following:

‘(f)

where supporting documents, contracts, growing declarations or written declarations in accordance with Article 33(2) of Regulation (EC) No 1973/2004 have to be submitted and where applicable, between the agricultural parcels as declared in the single application and in the supporting documents, contracts, growing declarations or written declarations in accordance with Article 33(2) of Regulation (EC) No 1973/2004 to verify the eligibility for aid of the area;’

| 9. | Article 26 is amended as follows:






  (a) | Paragraph 1 is replaced by the following:

  ‘1.   The total number of on-the-spot checks carried out each year shall cover at least 5 % of all farmers applying for the single payment scheme or the single area payment scheme.
  The Member States shall assure that on-the-spot checks cover at least 3 % of the farmers applying for aid under each of other area related aid schemes provided for under Titles III, IV and IVa of Regulation (EC) No 1782/2003.’; |
| --- | --- | --- |

9.

Article 26 is amended as follows:

(a)

Paragraph 1 is replaced by the following:

‘1.   The total number of on-the-spot checks carried out each year shall cover at least 5 % of all farmers applying for the single payment scheme or the single area payment scheme.

The Member States shall assure that on-the-spot checks cover at least 3 % of the farmers applying for aid under each of other area related aid schemes provided for under Titles III, IV and IVa of Regulation (EC) No 1782/2003.’;

| (b) | Paragraph 2 is amended as follows:






  (i) | point (c) is replaced by the following:






  ‘(c) | 5 % of all farmers applying for aid under the ovine/caprine aid scheme irrespective of whether the aid applications are being submitted as part of the single application or independently; those on-the-spot checks shall also cover at least 5 % of all animals for which aid is applied for; however, where the computerised database for ovine/caprine animals provided for in Article 8 of Regulation (EC) No 21/2004 does not offer the level of assurance and implementation necessary for the proper management of the aid schemes involved, the percentage shall be increased to 10 % of the farmers.’; |
| --- | --- | --- | --- |

(b)

Paragraph 2 is amended as follows:

(i)

point (c) is replaced by the following:

‘(c)

5 % of all farmers applying for aid under the ovine/caprine aid scheme irrespective of whether the aid applications are being submitted as part of the single application or independently; those on-the-spot checks shall also cover at least 5 % of all animals for which aid is applied for; however, where the computerised database for ovine/caprine animals provided for in Article 8 of Regulation (EC) No 21/2004 does not offer the level of assurance and implementation necessary for the proper management of the aid schemes involved, the percentage shall be increased to 10 % of the farmers.’;

| (ii) | point (e) is replaced by the following:






  ‘(e) | 3 % of all farmers whose agricultural parcels are being declared by a producer group applying for hops payments in accordance with Article 15a.’; |
| --- | --- | --- |

(ii)

point (e) is replaced by the following:

‘(e)

3 % of all farmers whose agricultural parcels are being declared by a producer group applying for hops payments in accordance with Article 15a.’;

| 10. | Article 27 is amended as follows:






  (a) | The first subparagraph of paragraph 1 is replaced by the following:

  ‘Control samples for on-the-spot checks under this Regulation shall be selected by the competent authority on the basis of a risk analysis and representativeness of the aid applications submitted. The effectiveness of risk analysis shall be assessed and updated on an annual basis:






  (a) | by establishing the relevance of each risk factor; |
| --- | --- | --- | --- |

10.

Article 27 is amended as follows:

(a)

The first subparagraph of paragraph 1 is replaced by the following:

‘Control samples for on-the-spot checks under this Regulation shall be selected by the competent authority on the basis of a risk analysis and representativeness of the aid applications submitted. The effectiveness of risk analysis shall be assessed and updated on an annual basis:

(a)

by establishing the relevance of each risk factor;

| (b) | by comparing the results of the risk based and randomly selected sample referred to in the second subparagraph; |
| --- | --- |

(b)

by comparing the results of the risk based and randomly selected sample referred to in the second subparagraph;

| (c) | by taking into account the specific situation in the Member State.’; |
| --- | --- |

(c)

by taking into account the specific situation in the Member State.’;

| (b) | Paragraph 2 is deleted; |
| --- | --- |

(b)

Paragraph 2 is deleted;

| (c) | the following paragraph is added:

  ‘4.   A partial selection of the control sample may, where appropriate, be made before the end of the application period in question, on the basis of available information. The provisional sample shall be completed when all relevant applications are available.’; |
| --- | --- |

(c)

the following paragraph is added:

‘4.   A partial selection of the control sample may, where appropriate, be made before the end of the application period in question, on the basis of available information. The provisional sample shall be completed when all relevant applications are available.’;

| 11. | in Article 28(1), point (d) is replaced by the following:






  ‘(d) | the number and type of animals found and, where applicable, the ear tag numbers, entries in the register and in the computerised databases for bovine and/or ovine/caprine animals and any supporting documents checked, the results of the checks and, where applicable, particular observations in respect of individual animals and/or their identification code.’ |
| --- | --- | --- |

11.

in Article 28(1), point (d) is replaced by the following:

‘(d)

the number and type of animals found and, where applicable, the ear tag numbers, entries in the register and in the computerised databases for bovine and/or ovine/caprine animals and any supporting documents checked, the results of the checks and, where applicable, particular observations in respect of individual animals and/or their identification code.’

| 12. | Article 29 is replaced by the following:

  ‘Article 29
  Elements of on-the-spot checks
  On-the-spot checks shall cover all the agricultural parcels for which aid is requested under aid schemes listed in Annex I to Regulation (EC) No 1782/2003, except those related to applications for seed aid in accordance with Article 99 of that Regulation. Nevertheless, the actual determination of the areas as part of an on-the-spot check may be limited to a sample of at least 50 % of the agricultural parcels for which an application has been submitted under the aid schemes established in Titles III, IV and IVa of Regulation (EC) No 1782/2003 provided that the sample guarantees a reliable and representative level of control both in respect of area checked and aid claimed. When this sample check reveals anomalies the sample of agricultural parcels actually inspected shall be increased.
  Member States may make use of remote sensing and Global Navigation Satellite Systems techniques.’; |
| --- | --- |

12.

Article 29 is replaced by the following:

‘Article 29

Elements of on-the-spot checks

On-the-spot checks shall cover all the agricultural parcels for which aid is requested under aid schemes listed in Annex I to Regulation (EC) No 1782/2003, except those related to applications for seed aid in accordance with Article 99 of that Regulation. Nevertheless, the actual determination of the areas as part of an on-the-spot check may be limited to a sample of at least 50 % of the agricultural parcels for which an application has been submitted under the aid schemes established in Titles III, IV and IVa of Regulation (EC) No 1782/2003 provided that the sample guarantees a reliable and representative level of control both in respect of area checked and aid claimed. When this sample check reveals anomalies the sample of agricultural parcels actually inspected shall be increased.

Member States may make use of remote sensing and Global Navigation Satellite Systems techniques.’;

| 13. | Article 30(1) is replaced by the following:

  ‘1.   Agricultural parcel areas shall be determined by any means proven to assure measurement of quality at least equivalent to that required by applicable technical standard, as drawn up at Community level.
  A measurement tolerance shall be defined by a buffer of maximum 1,5 m applied to the perimeter of the agricultural parcel. The maximum tolerance with regard to each agricultural parcel shall not, in absolute terms, exceed 1,0 ha.
  The tolerance provided for in the second subparagraph shall not apply to olive parcels for which the area is expressed in olive GIS-ha in accordance with points 2 and 3 of Annex XXIV to Regulation (EC) No 1973/2004.’; |
| --- | --- |

13.

Article 30(1) is replaced by the following:

‘1.   Agricultural parcel areas shall be determined by any means proven to assure measurement of quality at least equivalent to that required by applicable technical standard, as drawn up at Community level.

A measurement tolerance shall be defined by a buffer of maximum 1,5 m applied to the perimeter of the agricultural parcel. The maximum tolerance with regard to each agricultural parcel shall not, in absolute terms, exceed 1,0 ha.

The tolerance provided for in the second subparagraph shall not apply to olive parcels for which the area is expressed in olive GIS-ha in accordance with points 2 and 3 of Annex XXIV to Regulation (EC) No 1973/2004.’;

| 14. | Article 32 is replaced by the following:

  ‘Article 32
  Remote sensing

  1.   Where a Member State applies the possibility, provided for in the second paragraph of Article 29, to carry out on-the-spot checks by remote sensing, it shall:






  (a) | perform photo interpretation of satellite images or aerial photographs of all agricultural parcels per application to be checked with a view to recognising the ground cover and measuring the area; |
| --- | --- | --- |

14.

Article 32 is replaced by the following:

‘Article 32

Remote sensing

1.   Where a Member State applies the possibility, provided for in the second paragraph of Article 29, to carry out on-the-spot checks by remote sensing, it shall:

(a)

perform photo interpretation of satellite images or aerial photographs of all agricultural parcels per application to be checked with a view to recognising the ground cover and measuring the area;

| (b) | carry out physical inspections in the field of all agricultural parcels for which photo interpretation does not make it possible to verify the accuracy of the declaration to the satisfaction of the competent authority. |
| --- | --- |

(b)

carry out physical inspections in the field of all agricultural parcels for which photo interpretation does not make it possible to verify the accuracy of the declaration to the satisfaction of the competent authority.

2.   The additional checks referred to in Article 26(3) shall be carried out by means of traditional on-the-spot checks if it is no longer possible to carry them out by means of remote sensing within the current year.’;

| 15. | in Article 33a, the first paragraph is replaced by the following:
  ‘The on-the-spot checks referred to in Article 26(2)(e) shall be carried out by way of application of the provisions of Article 29, Article 30(1), the first and second subparagraphs of Article 30(2), Article 30(3), Article 30(4) and Article 32 mutatis mutandis.’; |
| --- | --- |

15.

in Article 33a, the first paragraph is replaced by the following:

‘The on-the-spot checks referred to in Article 26(2)(e) shall be carried out by way of application of the provisions of Article 29, Article 30(1), the first and second subparagraphs of Article 30(2), Article 30(3), Article 30(4) and Article 32 mutatis mutandis.’;

mutatis mutandis

| 16. | Article 35 is amended as follows:






  (a) | in the first subparagraph of paragraph 2(b), the first and second indents are replaced by the following:






  ‘— | of the correctness of entries in the register and the notifications to the computerised database for bovine animals on the basis of a sample of supporting documents such as purchase and sales invoices, slaughter certificates, veterinary certificates and, where applicable, animal passports, in relation to animals for which aid applications were submitted in the six months prior to the on-the-spot check; however if anomalies are found, the check shall be extended to 12 months prior to the on-the-spot check, |
| --- | --- | --- | --- |

16.

Article 35 is amended as follows:

(a)

in the first subparagraph of paragraph 2(b), the first and second indents are replaced by the following:

‘—

of the correctness of entries in the register and the notifications to the computerised database for bovine animals on the basis of a sample of supporting documents such as purchase and sales invoices, slaughter certificates, veterinary certificates and, where applicable, animal passports, in relation to animals for which aid applications were submitted in the six months prior to the on-the-spot check; however if anomalies are found, the check shall be extended to 12 months prior to the on-the-spot check,

| — | that information held in the computerised database for bovine animals corresponds to the information given in the register on the basis of a sample in relation to animals for which aid applications were submitted in the six months prior to the on-the-spot check; however if anomalies are found the check shall be extended to 12 months prior to the on-the-spot check,’; |
| --- | --- |

—

that information held in the computerised database for bovine animals corresponds to the information given in the register on the basis of a sample in relation to animals for which aid applications were submitted in the six months prior to the on-the-spot check; however if anomalies are found the check shall be extended to 12 months prior to the on-the-spot check,’;

| (b) | Paragraph 2(c) is replaced by the following:






  ‘(c) | in relation to the ovine/caprine aid scheme:






  — | a check on the basis of the register that all the animals for which aid application were submitted have been kept on the holding throughout the retention period, |
| --- | --- | --- | --- |

(b)

Paragraph 2(c) is replaced by the following:

‘(c)

in relation to the ovine/caprine aid scheme:

—

a check on the basis of the register that all the animals for which aid application were submitted have been kept on the holding throughout the retention period,

| — | a check of the correctness of entries in the register in the six months prior to the on-the-spot check, based on a sample of supporting documents such as purchase and sales invoices and veterinary certificates covering the six months prior to the on-the-spot check; however if anomalies are found the check shall be extended to 12 months prior to the on-the-spot check.’; |
| --- | --- |

—

a check of the correctness of entries in the register in the six months prior to the on-the-spot check, based on a sample of supporting documents such as purchase and sales invoices and veterinary certificates covering the six months prior to the on-the-spot check; however if anomalies are found the check shall be extended to 12 months prior to the on-the-spot check.’;

| 17. | in Article 38, the first sentence is replaced by the following:

  ‘As regards the additional payment to be granted for specific types of farming or for quality production as provided for in Article 69 of Regulation (EC) No 1782/2003, the Member States shall, where appropriate, apply the provisions of this Title.’; |
| --- | --- |

17.

in Article 38, the first sentence is replaced by the following:

‘As regards the additional payment to be granted for specific types of farming or for quality production as provided for in Article 69 of Regulation (EC) No 1782/2003, the Member States shall, where appropriate, apply the provisions of this Title.’;

| 18. | in Article 49(1), points (d), (e) and (f) are deleted; |
| --- | --- |

18.

in Article 49(1), points (d), (e) and (f) are deleted;

| 19. | Article 50 is amended as follows:






  (a) | In paragraph 3, the following subparagraphs are added:
  ‘However, without prejudice to Article 29 of Regulation (EC) No 1782/2003, if the difference between the total area determined and the total area declared for payment under aid schemes established in Titles III, IV and IVa of Regulation (EC) No 1782/2003 is less than or equal to 0,1 hectare, the area determined shall be set equal to the area declared. For this calculation only over-declarations of areas at crop group level shall be taken into account.
  The provision referred to in the second subparagraph shall not apply where that difference represents more than 20 % of the total area declared for payments.’; |
| --- | --- | --- |

19.

Article 50 is amended as follows:

(a)

In paragraph 3, the following subparagraphs are added:

‘However, without prejudice to Article 29 of Regulation (EC) No 1782/2003, if the difference between the total area determined and the total area declared for payment under aid schemes established in Titles III, IV and IVa of Regulation (EC) No 1782/2003 is less than or equal to 0,1 hectare, the area determined shall be set equal to the area declared. For this calculation only over-declarations of areas at crop group level shall be taken into account.

The provision referred to in the second subparagraph shall not apply where that difference represents more than 20 % of the total area declared for payments.’;

| (b) | Paragraph 6 is deleted; |
| --- | --- |

(b)

Paragraph 6 is deleted;

| 20. | in Article 53, the first subparagraph is replaced by the following:
  ‘Where differences between the area declared and the area determined in accordance with Article 50(3), (4)(b) and (5) result from irregularities committed intentionally, the aid to which the farmer would have been entitled pursuant to Article 50(3), (4)(b) and (5) shall not be granted for the calendar year in question under the aid scheme concerned if that difference is more than 0,5 % of the area determined or more than one hectare.’; |
| --- | --- |

20.

in Article 53, the first subparagraph is replaced by the following:

‘Where differences between the area declared and the area determined in accordance with Article 50(3), (4)(b) and (5) result from irregularities committed intentionally, the aid to which the farmer would have been entitled pursuant to Article 50(3), (4)(b) and (5) shall not be granted for the calendar year in question under the aid scheme concerned if that difference is more than 0,5 % of the area determined or more than one hectare.’;

| 21. | in the first paragraph of Article 54a, the introductory phrase is replaced by the following:

  ‘Where it is found that tobacco was not replanted on the parcel indicated in the cultivation contract by 20 June of the year of harvest:’; |
| --- | --- |

21.

in the first paragraph of Article 54a, the introductory phrase is replaced by the following:

‘Where it is found that tobacco was not replanted on the parcel indicated in the cultivation contract by 20 June of the year of harvest:’;

| 22. | Article 55 and 56 are deleted; |
| --- | --- |

22.

Article 55 and 56 are deleted;

| 23. | in Article 58(1), the second sentence is replaced by the following:

  ‘However, suckler cows or heifers in respect of which aid is claimed in accordance with Article 125 or Article 129 of Regulation (EC) No 1782/2003 may be replaced during the retention period within the limits provided for in those Articles without the loss of the right to the payment of the aid applied for.’; |
| --- | --- |

23.

in Article 58(1), the second sentence is replaced by the following:

‘However, suckler cows or heifers in respect of which aid is claimed in accordance with Article 125 or Article 129 of Regulation (EC) No 1782/2003 may be replaced during the retention period within the limits provided for in those Articles without the loss of the right to the payment of the aid applied for.’;

| 24. | Article 63 is replaced by the following:

  ‘Article 63
  Findings in relation to the additional payment
  As regards the additional payment to be granted for specific types of farming or for quality production as provided for in Article 69 of Regulation (EC) No 1782/2003, the Member States shall provide for reductions and exclusions which shall, in substance, be equivalent to those provided for in this Title. In case area-related or livestock payments are granted the provisions of this Part shall apply mutatis mutandis.’ |
| --- | --- |

24.

Article 63 is replaced by the following:

‘Article 63

Findings in relation to the additional payment

As regards the additional payment to be granted for specific types of farming or for quality production as provided for in Article 69 of Regulation (EC) No 1782/2003, the Member States shall provide for reductions and exclusions which shall, in substance, be equivalent to those provided for in this Title. In case area-related or livestock payments are granted the provisions of this Part shall apply mutatis mutandis.’

| 25. | in Article 73a, the following paragraph 2a is inserted:

  ‘2a.   Where, for the purpose of the application of paragraphs 1 and 2 it is established that the number of the entitlements allocated to a farmer in accordance with Regulation (EC) No 795/2004 is incorrect, and where the unduly allocation has no impact on the total value of the entitlements the farmer received, the Member State shall recalculate the payment entitlements and where appropriate correct the type of the entitlements allocated to the farmer. However, this shall not apply if the errors could reasonably have been detected by the farmers.’; |
| --- | --- |

25.

in Article 73a, the following paragraph 2a is inserted:

‘2a.   Where, for the purpose of the application of paragraphs 1 and 2 it is established that the number of the entitlements allocated to a farmer in accordance with Regulation (EC) No 795/2004 is incorrect, and where the unduly allocation has no impact on the total value of the entitlements the farmer received, the Member State shall recalculate the payment entitlements and where appropriate correct the type of the entitlements allocated to the farmer. However, this shall not apply if the errors could reasonably have been detected by the farmers.’;

| 26. | Article 76(1) is replaced by the following:

  ‘1.   Member States shall submit to the Commission by 15 July each year at the latest, for the aid schemes covered by the Integrated Administrative Control System, a report covering the previous calendar year and, in particular, relating to the following points:






  (a) | the state of implementation of the integrated system, including in particular the options chosen for the control of the cross-compliance requirements and the competent control bodies responsible for the controls of the cross-compliance requirements and conditions; |
| --- | --- | --- |

26.

Article 76(1) is replaced by the following:

‘1.   Member States shall submit to the Commission by 15 July each year at the latest, for the aid schemes covered by the Integrated Administrative Control System, a report covering the previous calendar year and, in particular, relating to the following points:

(a)

the state of implementation of the integrated system, including in particular the options chosen for the control of the cross-compliance requirements and the competent control bodies responsible for the controls of the cross-compliance requirements and conditions;

| (b) | the number of claimants as well as the total area, total number of animals and the total of quantities; |
| --- | --- |

(b)

the number of claimants as well as the total area, total number of animals and the total of quantities;

| (c) | the number of claimants as well as the total area, the total number of animals and the total of quantities, covered by checks; |
| --- | --- |

(c)

the number of claimants as well as the total area, the total number of animals and the total of quantities, covered by checks;

| (d) | the result of the checks carried out, indicating the reductions and exclusions applied pursuant to Title IV; |
| --- | --- |

(d)

the result of the checks carried out, indicating the reductions and exclusions applied pursuant to Title IV;

| (e) | the results of the checks relating to cross-compliance in accordance with Chapter III of Title III.’ |
| --- | --- |

(e)

the results of the checks relating to cross-compliance in accordance with Chapter III of Title III.’

Article 2

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

It shall apply to aid applications relating to years or premium periods starting from 1 January 2008.

However, points (1)(b) and (5)(b) of Article 1 shall apply to aid applications relating to years or premiums starting from 1 January 2007.

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

Done at Brussels, 20 August 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 552/2007 (OJ L 131, 23.5.2007, p. 10).

1

(2)  
  OJ L 141, 30.4.2004, p. 18. Regulation as last amended by Regulation (EC) No 381/2007 (OJ L 95, 5.4.2007, p. 8).

2

(3)  
  OJ L 345, 20.11.2004, p. 1. Regulation as last amended by Commission Regulation (EC) No 381/2007 (OJ L 95, 5.4.2007, p. 8).

3

(4)  
  OJ L 75, 15.3.2007, p. 8.

4

(5)  
  OJ L 384, 29.12.2006, p. 13.

5

(6)  
  OJ L 5, 9.1.2004, p. 8. Regulation as amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

6

---

| 21.8.2007 | EN | Official Journal of the European Union | L 216/10 |
| --- | --- | --- | --- |

21.8.2007

EN

Official Journal of the European Union

L 216/10

---

COMMISSION REGULATION (EC) No 973/2007

of 20 August 2007

amending certain EC Regulations on specific statistical domains implementing the statistical classification of economic activities NACE Revision 2

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (1), and in particular Article 6(1)(b) thereof,

Whereas:

| (1) | The establishment of an up-to-date classification system is central to the Commission’s ongoing efforts to modernise the production of Community statistics, in order to truly reflect economic reality by taking into account technological developments and structural changes in the economy. |
| --- | --- |

(1)

The establishment of an up-to-date classification system is central to the Commission’s ongoing efforts to modernise the production of Community statistics, in order to truly reflect economic reality by taking into account technological developments and structural changes in the economy.

| (2) | Regulation (EC) No 1893/2006 established for this purpose a revised statistical classification of economic activities, called NACE Revision 2 (hereinafter referred to as NACE Rev. 2). |
| --- | --- |

(2)

Regulation (EC) No 1893/2006 established for this purpose a revised statistical classification of economic activities, called NACE Revision 2 (hereinafter referred to as NACE Rev. 2).

| (3) | By virtue of Article 6 of Regulation (EC) No 1893/2006, the Commission is required to adopt the necessary implementing measures for implementing this Regulation in relation to the use of NACE Rev. 2 in various statistical domains. |
| --- | --- |

(3)

By virtue of Article 6 of Regulation (EC) No 1893/2006, the Commission is required to adopt the necessary implementing measures for implementing this Regulation in relation to the use of NACE Rev. 2 in various statistical domains.

| (4) | The establishment of a revised statistical classification of economic activities makes it necessary to modify specifically certain references to NACE Rev. 1 or NACE Rev. 1,1, as well as to amend a number of relevant instruments. It is therefore necessary to amend the following instruments: Commission Regulation (EC) No 1726/1999 of 27 July 1999 implementing Council Regulation (EC) No 530/1999 concerning structural statistics as regards the definition and transmission of information on labour costs (2); Commission Regulation (EC) No 1916/2000 of 8 September 2000 implementing Council Regulation (EC) No 530/1999 concerning structural statistics on earnings and on labour costs as regards the definition and transmission of information on structure of earnings (3); Commission Regulation (EC) No 2163/2001 of 7 November 2001 concerning the technical arrangements for data transmission for statistics on the carriage of goods by road (4); Commission Regulation (EC) No 1216/2003 of 7 July 2003 implementing Regulation (EC) No 450/2003 of the European Parliament and of the Council concerning the labour cost index (5); Commission Regulation (EC) No 1983/2003 of 7 November 2003 implementing Regulation (EC) No 1177/2003 of the European Parliament and of the Council concerning Community statistics on income and living conditions (EU-SILC) as regards the list of target primary variables (6); Commission Regulation (EC) No 753/2004 of 22 April 2004 implementing Decision No 1608/2003/EC of the European Parliament and of the Council as regards statistics on science and technology (7); Commission Regulation (EC) No 912/2004 of 29 April 2004 implementing Council Regulation (EEC) No 3924/91 on the establishment of a Community survey of industrial production (8); Commission Regulation (EC) No 1450/2004 of 13 August 2004 implementing Decision No 1608/2003/EC of the European Parliament and Council concerning the production and development of Community statistics on innovation (9); Commission Regulation (EC) No 430/2005 of 15 March 2005 implementing Council Regulation (EC) No 577/98 on the organisation of a labour force sample survey in the Community concerning the codification to be used for data transmission from 2006 onwards and the use of a sub-sample for the collection of data on structural variables (10); Commission Regulation (EC) No 782/2005 of 24 May 2005 setting out the format for the transmission of results on waste statistics (11). |
| --- | --- |

(4)

The establishment of a revised statistical classification of economic activities makes it necessary to modify specifically certain references to NACE Rev. 1 or NACE Rev. 1,1, as well as to amend a number of relevant instruments. It is therefore necessary to amend the following instruments: Commission Regulation (EC) No 1726/1999 of 27 July 1999 implementing Council Regulation (EC) No 530/1999 concerning structural statistics as regards the definition and transmission of information on labour costs (2); Commission Regulation (EC) No 1916/2000 of 8 September 2000 implementing Council Regulation (EC) No 530/1999 concerning structural statistics on earnings and on labour costs as regards the definition and transmission of information on structure of earnings (3); Commission Regulation (EC) No 2163/2001 of 7 November 2001 concerning the technical arrangements for data transmission for statistics on the carriage of goods by road (4); Commission Regulation (EC) No 1216/2003 of 7 July 2003 implementing Regulation (EC) No 450/2003 of the European Parliament and of the Council concerning the labour cost index (5); Commission Regulation (EC) No 1983/2003 of 7 November 2003 implementing Regulation (EC) No 1177/2003 of the European Parliament and of the Council concerning Community statistics on income and living conditions (EU-SILC) as regards the list of target primary variables (6); Commission Regulation (EC) No 753/2004 of 22 April 2004 implementing Decision No 1608/2003/EC of the European Parliament and of the Council as regards statistics on science and technology (7); Commission Regulation (EC) No 912/2004 of 29 April 2004 implementing Council Regulation (EEC) No 3924/91 on the establishment of a Community survey of industrial production (8); Commission Regulation (EC) No 1450/2004 of 13 August 2004 implementing Decision No 1608/2003/EC of the European Parliament and Council concerning the production and development of Community statistics on innovation (9); Commission Regulation (EC) No 430/2005 of 15 March 2005 implementing Council Regulation (EC) No 577/98 on the organisation of a labour force sample survey in the Community concerning the codification to be used for data transmission from 2006 onwards and the use of a sub-sample for the collection of data on structural variables (10); Commission Regulation (EC) No 782/2005 of 24 May 2005 setting out the format for the transmission of results on waste statistics (11).

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee, established by Council Decision 89/382/EEC, Euratom (12), |
| --- | --- |

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee, established by Council Decision 89/382/EEC, Euratom (12),

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1726/1999 is hereby amended as follows:

| 1. | after Article 2, the following Article 2(a) is added:

  ‘Article 2a
  Transitional measures for the implementation of NACE Rev. 2
  Member States shall transmit to the Commission (Eurostat) labour cost survey results referring to the calendar year 2008 according to both NACE Rev. 2 and NACE Rev. 1,1, where the latter is compulsory only for Table A and only at the NACE Rev. 1,1 section level.’; |
| --- | --- |

1.

after Article 2, the following Article 2(a) is added:

‘Article 2a

Transitional measures for the implementation of NACE Rev. 2

Member States shall transmit to the Commission (Eurostat) labour cost survey results referring to the calendar year 2008 according to both NACE Rev. 2 and NACE Rev. 1,1, where the latter is compulsory only for Table A and only at the NACE Rev. 1,1 section level.’;

| 2. | Annex II and Annex III are amended in accordance with Annex I to this Regulation. |
| --- | --- |

2.

Annex II and Annex III are amended in accordance with Annex I to this Regulation.

Article 2

Annex I and Annex II to Regulation (EC) No 1916/2000 are amended in accordance with Annex II to this Regulation.

Article 3

In Regulation (EC) No 2163/2001 the term ‘NACE Revision 1’ is replaced by ‘NACE Rev. 2’ in the Annex.

Article 4

Regulation (EC) No 1216/2003 is hereby amended as follows:

| 1. | ‘NACE Rev. 1’ is replaced by ‘NACE Rev. 2’ throughout the text and the Annexes; |
| --- | --- |

1.

‘NACE Rev. 1’ is replaced by ‘NACE Rev. 2’ throughout the text and the Annexes;

| 2. | ‘Sections L, M, N and O’ are replaced by ‘Sections O to S’ in Article 4 and in Annex IV; |
| --- | --- |

2.

‘Sections L, M, N and O’ are replaced by ‘Sections O to S’ in Article 4 and in Annex IV;

| 3. | ‘Sections C to K’ are replaced by ‘Sections B to N’ in Annex IV. |
| --- | --- |

3.

‘Sections C to K’ are replaced by ‘Sections B to N’ in Annex IV.

Article 5

In Regulation (EC) No 1983/2003, ‘NACE Rev. 1,1’ is replaced by ‘NACE Rev. 2’ and ‘Rev. 1,1’ is replaced by ‘Rev. 2’ in footnote 22 of the Annex.

Article 6

The Annex to Regulation (EC) No 753/2004 is amended in accordance with Annex III to this Regulation.

Article 7

Regulation (EC) No 912/2004 is hereby amended as follows:

| 1. | Article 1 is replaced by the following:

  ‘Article 1
  The field covered by the survey referred to in Article 1 of Regulation (EEC) No 3924/91 is to be identified by reference to the survey population and the observation unit.
  The survey population of the reference period shall be enterprises whose principal activity or one of its secondary activities is listed in sections B or C of the classification of economic activities in the European Community (NACE Rev. 2), set out in Regulation (EC) No 1893/2006 of the European Parliament and of the Council (*1).
  The observation unit shall be the enterprise as defined in Council Regulation (EEC) No 696/93 on the statistical units for the observation and analysis of the production system in the Community. Member States may collect data using another statistical unit as observation unit as long as they transmit enterprise data to Eurostat.


  (*1)  
  OJ L 393, 30.12.2006, p. 1.’
  " |
| --- | --- |

1.

Article 1 is replaced by the following:

‘Article 1

The field covered by the survey referred to in Article 1 of Regulation (EEC) No 3924/91 is to be identified by reference to the survey population and the observation unit.

The survey population of the reference period shall be enterprises whose principal activity or one of its secondary activities is listed in sections B or C of the classification of economic activities in the European Community (NACE Rev. 2), set out in Regulation (EC) No 1893/2006 of the European Parliament and of the Council (*1).

The observation unit shall be the enterprise as defined in Council Regulation (EEC) No 696/93 on the statistical units for the observation and analysis of the production system in the Community. Member States may collect data using another statistical unit as observation unit as long as they transmit enterprise data to Eurostat.

(*1)  
  OJ L 393, 30.12.2006, p. 1.’
  "

*1

| 2. | Article 3 is replaced by the following:

  ‘Article 3
  The obligation of Member States to adopt survey methods designed to facilitate the collection of data from units representing at least 90 % of national production per NACE class referred to in Article 3(2) of Regulation (EEC) No 3924/91 is to be implemented as Member States’ adoption of survey methods designed to enable the collection of data, representing at least 90 % of national production for each NACE Rev. 2 class of sections B and C.’ |
| --- | --- |

2.

Article 3 is replaced by the following:

‘Article 3

The obligation of Member States to adopt survey methods designed to facilitate the collection of data from units representing at least 90 % of national production per NACE class referred to in Article 3(2) of Regulation (EEC) No 3924/91 is to be implemented as Member States’ adoption of survey methods designed to enable the collection of data, representing at least 90 % of national production for each NACE Rev. 2 class of sections B and C.’

Article 8

The Annex to Regulation (EC) No 1450/2004 is amended in accordance with Annex IV to this Regulation.

Article 9

In Regulation (EC) No 430/2005 ‘NACE Rev. 1,1’ is replaced by ‘NACE Rev. 2’ throughout Annexe 2.

Article 10

The Annex to Regulation (EC) No 782/2005 is amended in accordance with Annex V to this Regulation.

Article 11

Entry into force

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

Official Journal of the European Union

It shall apply from 1 January 2008, except Article 4 which shall apply from 1 January 2009.

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

Done at Brussels, 20 August 2007.

For the Commission

Joaquín ALMUNIA

Member of the Commission

---

(1)  
  OJ L 393, 30.12.2006, p. 1.

1

(2)  
  OJ L 203, 3.8.1999, p. 28. Regulation as amended by Regulation (EC) No 1737/2005 (OJ L 279, 22.10.2005, p. 11).

2

(3)  
  OJ L 229, 9.9.2000, p. 3. Regulation as amended by Regulation (EC) No 1738/2005 (OJ L 279, 22.10.2005, p. 32).

3

(4)  
  OJ L 291, 8.11.2001, p. 13.

4

(5)  
  OJ L 169, 8.7.2003, p. 37. Regulation as last amended by Regulation (EC) No 224/2007 (OJ L 64, 2.3.2007, p. 23).

5

(6)  
  OJ L 298, 17.11.2003, p. 34.

6

(7)  
  OJ L 118, 23.4.2004, p. 23.

7

(8)  
  OJ L 163, 30.4.2004, p. 71.

8

(9)  
  OJ L 267, 14.8.2004, p. 32.

9

(10)  
  OJ L 71, 17.3.2005, p. 36.

10

(11)  
  OJ L 131, 25.5.2005, p. 26.

11

(12)  
  OJ L 181, 28.6.1989, p. 47.

12

---

ANNEX I

Annexes II and III to Commission Regulation (EC) No 1726/1999, as amended by Regulation (EC) No 1737/2005, are amended as follows:

| 1. | ‘NACE Rev. 1,1’ is replaced by ‘NACE Rev. 2’ throughout the text; |
| --- | --- |

1.

‘NACE Rev. 1,1’ is replaced by ‘NACE Rev. 2’ throughout the text;

| 2. | ‘Sections C-K and M-O of NACE Rev. 1,1’ is replaced by ‘Sections B-N and P-S of NACE Rev. 2’; |
| --- | --- |

2.

‘Sections C-K and M-O of NACE Rev. 1,1’ is replaced by ‘Sections B-N and P-S of NACE Rev. 2’;

| 3. | ‘Section L of NACE Rev. 1,1’ is replaced by ‘Section O of NACE Rev. 2’; |
| --- | --- |

3.

‘Section L of NACE Rev. 1,1’ is replaced by ‘Section O of NACE Rev. 2’;

| 4. | ‘NACE Rev. 1,1, 74,50’ is replaced by ‘NACE Rev. 2, 78,20’ throughout the text. |
| --- | --- |

4.

‘NACE Rev. 1,1, 74,50’ is replaced by ‘NACE Rev. 2, 78,20’ throughout the text.

---

ANNEX II

Annex I and Annex II to Regulation (EC) No 1916/2000, as amended by Regulation (EC) No 1738/2005, are amended as follows:

| 1. | ‘NACE Rev. 1,1’ is replaced by ‘NACE Rev. 2’ throughout the text; |
| --- | --- |

1.

‘NACE Rev. 1,1’ is replaced by ‘NACE Rev. 2’ throughout the text;

| 2. | in Annex II, ‘Sections C to K and M to O’ is replaced by ‘Sections B to N and P to S’ throughout the text; |
| --- | --- |

2.

in Annex II, ‘Sections C to K and M to O’ is replaced by ‘Sections B to N and P to S’ throughout the text;

| 3. | in Annex II, ‘Section L’ is replaced by ‘Section O’ throughout the text; |
| --- | --- |

3.

in Annex II, ‘Section L’ is replaced by ‘Section O’ throughout the text;

| 4. | in Annex II, ‘NACE Rev. 1,1, 74.50’ is replaced by ‘NACE Rev. 2, 78.20’. |
| --- | --- |

4.

in Annex II, ‘NACE Rev. 1,1, 74.50’ is replaced by ‘NACE Rev. 2, 78.20’.

---

ANNEX III

Section 1 of the Annex to Commission Regulation (EC) No 753/2004 is amended as follows:

| 1. | ‘NACE’ is replaced by ‘NACE Rev. 2’ throughout the text. |
| --- | --- |

1.

‘NACE’ is replaced by ‘NACE Rev. 2’ throughout the text.

| 2. | Paragraph 5.11 shall be replaced by the following:

  ‘The results of the statistics by economic activity (NACE Rev. 2) are to be broken down into the following NACE Rev. 2 divisions, groups, classes and aggregates:

  “01, 02, 03”, “05, 06, 07, 08, 09”, “10 to 33”, “10, 11, 12”, “10, 11”, “12”, “13, 14, 15”, “13”, “14”, “15”, “16, 17, 18”, “16”, “17”, “18”, “19”, “20”, “21”, “22”, “23”, “24”, “25, 26, 27, 28, 29, 30”, “25”, “25,40”, “26”, “26,1”, “26,2”, “26,3”, “26,4”, “26,5”, “26,6”, “26,7”, “27”, “28”, “29”, “30”, “30,1”, “30,2”, “30,3”, “30,4”, “31”, “32”, “32,50”, “33”, “35, 36”, “37, 38, 39”, “41, 42, 43”, “45, 46, 47”, “49, 50, 51, 52, 53”, “55, 56”, “58, 59, 60, 61, 62, 63”, “61”, “62”, “63”, “64, 65, 66”, “68”, “69, 70, 71, 72, 73, 74, 75”, “72”, “77, 78, 79, 80, 81, 82”, “84, 85”, “86”, “87, 88”, “90, 91, 92, 93”, “94, 95, 96, 97, 98, 99”, “01 to 99”.’ |
| --- | --- |

2.

Paragraph 5.11 shall be replaced by the following:

‘The results of the statistics by economic activity (NACE Rev. 2) are to be broken down into the following NACE Rev. 2 divisions, groups, classes and aggregates:

“01, 02, 03”, “05, 06, 07, 08, 09”, “10 to 33”, “10, 11, 12”, “10, 11”, “12”, “13, 14, 15”, “13”, “14”, “15”, “16, 17, 18”, “16”, “17”, “18”, “19”, “20”, “21”, “22”, “23”, “24”, “25, 26, 27, 28, 29, 30”, “25”, “25,40”, “26”, “26,1”, “26,2”, “26,3”, “26,4”, “26,5”, “26,6”, “26,7”, “27”, “28”, “29”, “30”, “30,1”, “30,2”, “30,3”, “30,4”, “31”, “32”, “32,50”, “33”, “35, 36”, “37, 38, 39”, “41, 42, 43”, “45, 46, 47”, “49, 50, 51, 52, 53”, “55, 56”, “58, 59, 60, 61, 62, 63”, “61”, “62”, “63”, “64, 65, 66”, “68”, “69, 70, 71, 72, 73, 74, 75”, “72”, “77, 78, 79, 80, 81, 82”, “84, 85”, “86”, “87, 88”, “90, 91, 92, 93”, “94, 95, 96, 97, 98, 99”, “01 to 99”.’

---

ANNEX IV

The Annex to Regulation (EC) No 1450/2004 is amended as follows:

| 1. | Section 2 is replaced by the following:

  ‘As a minimum, enterprises in the NACE Rev. 2 sections B, C, D, E, H, K and in the NACE Rev. 2 divisions 46, 58, 61, 62, 63 and 71 are to be covered.’; |
| --- | --- |

1.

Section 2 is replaced by the following:

‘As a minimum, enterprises in the NACE Rev. 2 sections B, C, D, E, H, K and in the NACE Rev. 2 divisions 46, 58, 61, 62, 63 and 71 are to be covered.’;

| 2. | Section 5 paragraph 1 is replaced by the following:

  ‘All results are to be broken down by economic activity (NACE Rev. 2) at section level and by the following employment size classes: 10–49 employees, 50–249 employees, above 249 employees.’; |
| --- | --- |

2.

Section 5 paragraph 1 is replaced by the following:

‘All results are to be broken down by economic activity (NACE Rev. 2) at section level and by the following employment size classes: 10–49 employees, 50–249 employees, above 249 employees.’;

| 3. | Section 5 paragraph 2 is replaced by the following:

  ‘All results are to be broken down by economic activity (NACE Rev. 2) at division level.’ |
| --- | --- |

3.

Section 5 paragraph 2 is replaced by the following:

‘All results are to be broken down by economic activity (NACE Rev. 2) at division level.’

---

ANNEX V

The Annex to Regulation (EC) No 782/2005 setting out the format for the transmission of results on waste statistics is amended as follows:

List C shall be replaced by the following:

‘List C —   Activity item

| Item No | NACE Rev. 2 Code | Description |
| --- | --- | --- |
| 1 | Division 01 | Crop and animal production, hunting and related service activities |
| Division 02 | Forestry and logging |
| 2 | Division 03 | Fishing and aquaculture |
| 3 | Section B | Mining and quarrying |
| 4 | Division 10 | Manufacture of food products |
| Division 11 | Manufacture of beverages |
| Division 12 | Manufacture of tobacco products |
| 5 | Division 13 | Manufacture of textiles |
| Division 14 | Manufacture of wearing apparel |
| Division 15 | Manufacture of leather and related products |
| 6 | Division 16 | Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials |
| 7 | Division 17 | Manufacture of paper and paper products |
| Division 18 | Printing and reproduction of recorded media |
| 8 | Division 19 | Manufacture of coke and refined petroleum products |
| 9 | Division 20 | Manufacture of chemicals and chemical products |
| Division 21 | Manufacture of basic pharmaceutical products and pharmaceutical preparations |
| Division 22 | Manufacture of rubber and plastic products |
| 10 | Division 23 | Manufacture of other non-metallic mineral products |
| 11 | Division 24 | Manufacture of basic metals |
| Division 25 | Manufacture of fabricated metal products, except machinery and equipment |
| 12 | Division 26 | Manufacture of computer, electronic and optical products |
| Division 27 | Manufacture of electrical equipment |
| Division 28 | Manufacture of machinery and equipment n.e.c. |
| Division 29 | Manufacture of motor vehicles, trailers and semi-trailers |
| Division 30 | Manufacture of other transport equipment |
| 13 | Division 31 | Manufacture of furniture |
| Division 32 | Other manufacturing |
| Division 33 | Repair and installation of machinery and equipment |
| 14 | Section D | Electricity, gas, steam and air conditioning supply |
| 15 | Division 36 | Water collection, treatment and supply |
| Division 37 | Sewerage |
| Division 39 | Remediation activities and other waste management services |
| 16 | Division 38 | Waste collection, treatment and disposal activities; materials recovery |
| 17 | Section F | Construction |
| 18 | | Service activities: |
| Section G, except 46,77 | Wholesale and retail trade; repair of motor vehicles and motorcycles |
| Section H | Transportation and storage |
| Section I | Accommodation and food service activities |
| Section J | Information and communication |
| Section K | Financial and insurance activities |
| Section L | Real estate activities |
| Section M | Professional, scientific and technical activities |
| Section N | Administrative and support service activities |
| Section O | Public administration and defence; compulsory social security |
| Section P | Education |
| Section Q | Human health and social work activities |
| Section R | Arts, entertainment and recreation |
| Section S | Other service activities |
| Section T | Activities of households as employers; undifferentiated goods- and services-producing activities of households for own use |
| Section U | Activities of extraterritorial organisations and bodies |
| 19 | Class 46,77 | Wholesale of waste and scrap |
| 20 | | Waste generated by households
  (This is not a NACE category) |
| TA | Total | Total’ |

Item No

NACE Rev. 2 Code

Description

1

Division 01

Crop and animal production, hunting and related service activities

Division 02

Forestry and logging

2

Division 03

Fishing and aquaculture

3

Section B

Mining and quarrying

4

Division 10

Manufacture of food products

Division 11

Manufacture of beverages

Division 12

Manufacture of tobacco products

5

Division 13

Manufacture of textiles

Division 14

Manufacture of wearing apparel

Division 15

Manufacture of leather and related products

6

Division 16

Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials

7

Division 17

Manufacture of paper and paper products

Division 18

Printing and reproduction of recorded media

8

Division 19

Manufacture of coke and refined petroleum products

9

Division 20

Manufacture of chemicals and chemical products

Division 21

Manufacture of basic pharmaceutical products and pharmaceutical preparations

Division 22

Manufacture of rubber and plastic products

10

Division 23

Manufacture of other non-metallic mineral products

11

Division 24

Manufacture of basic metals

Division 25

Manufacture of fabricated metal products, except machinery and equipment

12

Division 26

Manufacture of computer, electronic and optical products

Division 27

Manufacture of electrical equipment

Division 28

Manufacture of machinery and equipment n.e.c.

Division 29

Manufacture of motor vehicles, trailers and semi-trailers

Division 30

Manufacture of other transport equipment

13

Division 31

Manufacture of furniture

Division 32

Other manufacturing

Division 33

Repair and installation of machinery and equipment

14

Section D

Electricity, gas, steam and air conditioning supply

15

Division 36

Water collection, treatment and supply

Division 37

Sewerage

Division 39

Remediation activities and other waste management services

16

Division 38

Waste collection, treatment and disposal activities; materials recovery

17

Section F

Construction

18

Service activities:

Section G, except 46,77

Wholesale and retail trade; repair of motor vehicles and motorcycles

Section H

Transportation and storage

Section I

Accommodation and food service activities

Section J

Information and communication

Section K

Financial and insurance activities

Section L

Real estate activities

Section M

Professional, scientific and technical activities

Section N

Administrative and support service activities

Section O

Public administration and defence; compulsory social security

Section P

Education

Section Q

Human health and social work activities

Section R

Arts, entertainment and recreation

Section S

Other service activities

Section T

Activities of households as employers; undifferentiated goods- and services-producing activities of households for own use

Section U

Activities of extraterritorial organisations and bodies

19

Class 46,77

Wholesale of waste and scrap

20

Waste generated by households

(This is not a NACE category)

TA

Total

Total’

---

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

DECISIONS

Commission

| 21.8.2007 | EN | Official Journal of the European Union | L 216/17 |
| --- | --- | --- | --- |

21.8.2007

EN

Official Journal of the European Union

L 216/17

---

COMMISSION DECISION

of 14 August 2007

concerning the non-inclusion in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market of certain substances to be examined under the 10-year work programme referred to in Article 16(2) thereof

(notified under document number C(2007) 3846)

(Text with EEA relevance)

(2007/565/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 2032/2003 of 4 November 2003 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market and amending Regulation (EC) No 1896/2000 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. |
| --- | --- |

(1)

Commission Regulation (EC) No 2032/2003 of 4 November 2003 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market and amending Regulation (EC) No 1896/2000 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC.

| (2) | For a number of substances/product type combinations included on that list either all participants have withdrawn from the review program in accordance with Article 8(2) of Regulation (EC) No 2032/2003 or no complete dossier as referred to in Article 9(5) of that Regulation was received within the time period specified in Annexes V and VIII thereof by the Rapporteur Member State designated for the evaluation. |
| --- | --- |

(2)

For a number of substances/product type combinations included on that list either all participants have withdrawn from the review program in accordance with Article 8(2) of Regulation (EC) No 2032/2003 or no complete dossier as referred to in Article 9(5) of that Regulation was received within the time period specified in Annexes V and VIII thereof by the Rapporteur Member State designated for the evaluation.

| (3) | Consequently, pursuant to Article 8(3) and (4) and Article 9 (5) of Regulation (EC) No 2032/2003, the Commission informed the Member States accordingly. That information was also made public by electronic means on 14 June 2006. |
| --- | --- |

(3)

Consequently, pursuant to Article 8(3) and (4) and Article 9 (5) of Regulation (EC) No 2032/2003, the Commission informed the Member States accordingly. That information was also made public by electronic means on 14 June 2006.

| (4) | Within three months of the electronic publication of that information, no company or Member State indicated an interest in taking over the role of participant for the substances and product-types concerned. |
| --- | --- |

(4)

Within three months of the electronic publication of that information, no company or Member State indicated an interest in taking over the role of participant for the substances and product-types concerned.

| (5) | The substances and product-types concerned should therefore be removed from the Review Programme and not be included in Annexes I, IA or IB to Directive 98/8/EC. |
| --- | --- |

(5)

The substances and product-types concerned should therefore be removed from the Review Programme and not be included in Annexes I, IA or IB to Directive 98/8/EC.

| (6) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products, |
| --- | --- |

(6)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products,

HAS ADOPTED THIS DECISION:

Article 1

The substances and the product-types indicated in the Annex to this Decision shall not be included in Annexes I, IA or IB to Directive 98/8/EC.

Article 2

For the purposes of the third subparagraph of Article 4(2) of Regulation (EC) No 2032/2003, this Decision shall apply from the day following its publication in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 14 August 2007.

For the Commission

Stavros DIMAS

Member of the Commission

---

(1)  
  OJ L 123, 24.4.1998, p. 1. Directive as last amended by Directive 2007/20/EC of 3 April 2007 (OJ L 94, 4.4.2007, p. 23).

1

(2)  
  OJ L 307, 24.11.2003, p. 1. Regulation as last amended by Regulation (EC) No 1849/2006 (OJ L 355, 15.12.2006, p. 63).

2

---

ANNEX

Substances and product-types not to be included in Annexes I, IA and IB to Directive 98/8/EC

| Name | EC No | CAS No | Product-type |
| --- | --- | --- | --- |
| Bis[1-cyclohexyl-1,2-di(hydroxy-.kappa.O)diazeniumato(2-)]-copper | | 312600-89-8 | 21 |
| Formic acid | 200-579-1 | 64-18-6 | 18 |
| Propan-2-ol | 200-661-7 | 67-63-0 | 18 |
| L-(+)-lactic acid | 201-196-2 | 79-33-4 | 1 |
| L-(+)-lactic acid | 201-196-2 | 79-33-4 | 13 |
| Anthraquinone | 201-549-0 | 84-65-1 | 19 |
| 1,4-dichlorobenzene | 203-400-5 | 106-46-7 | 18 |
| 1,4-dichlorobenzene | 203-400-5 | 106-46-7 | 19 |
| N-(2-ethylhexyl)-8,9,10-trinorborn-5-ene-2,3-dicarboximide | 204-029-1 | 113-48-4 | 18 |
| Benzyl benzoate | 204-402-9 | 120-51-4 | 19 |
| Malathion | 204-497-7 | 121-75-5 | 18 |
| Octanoic acid | 204-677-5 | 124-07-2 | 19 |
| Captan | 205-087-0 | 133-06-2 | 21 |
| N-(trichloromethylthio)phthalimide/Folpet | 205-088-6 | 133-07-3 | 21 |
| Ziram | 205-288-3 | 137-30-4 | 19 |
| Ziram | 205-288-3 | 137-30-4 | 21 |
| Thiabendazole | 205-725-8 | 148-79-8 | 21 |
| Diuron | 206-354-4 | 330-54-1 | 21 |
| (RS)-3-allyl-2-methyl-4-oxocyclopent-2-enyl-(1RS,3RS;1RS,3SR)-2,2-dimethyl-3-(2-methylprop-1-enyl)-cyclopropanecarboxylate (all isomers; ratio: 1:1:1:1:1:1:1:1)/Allethrin | 209-542-4 | 584-79-2 | 18 |
| Zinc sulphide | 215-251-3 | 1314-98-3 | 18 |
| Zinc sulphide | 215-251-3 | 1314-98-3 | 21 |
| Disodium tetraborate, anhydrous | 215-540-4 | 1330-43-4 | 18 |
| Naphthenic acids, copper salts | 215-657-0 | 1338-02-9 | 8 |
| Chlorothalonil | 217-588-1 | 1897-45-6 | 21 |
| Fluometuron | 218-500-4 | 2164-17-2 | 21 |
| Chlorpyrifos | 220-864-4 | 2921-88-2 | 18 |
| Chlorpyrifos-methyl | 227-011-5 | 5598-13-0 | 18 |
| (R)-p-mentha-1,8-diene | 227-813-5 | 5989-27-5 | 18 |
| (R)-p-mentha-1,8-diene | 227-813-5 | 5989-27-5 | 19 |
| Prometryn | 230-711-3 | 7287-19-6 | 21 |
| Silicon dioxide — amorphous | 231-545-4 | 7631-86-9 | 16 |
| Silicon dioxide — amorphous | 231-545-4 | 7631-86-9 | 19 |
| Bone oil/Animal oil | 232-294-3 | 8001-85-2 | 19 |
| Rape oil | 232-299-0 | 8002-13-9 | 18 |
| Lignin | 232-682-2 | 9005-53-2 | 19 |
| Lignin | 232-682-2 | 9005-53-2 | 21 |
| Oxine-copper | 233-841-9 | 10380-28-6 | 8 |
| Disodium octaborate tetrahydrate | 234-541-0 | 12280-03-4 | 18 |
| Dodecylguanidine monohydrochloride | 237-030-0 | 13590-97-1 | 16 |
| Dodecylguanidine monohydrochloride | 237-030-0 | 13590-97-1 | 21 |
| Phoxim | 238-887-3 | 14816-18-3 | 18 |
| Chlorotoluron | 239-592-2 | 15545-48-9 | 21 |
| Methomyl | 240-815-0 | 16752-77-5 | 18 |
| Dimethyloctadecyl[3-(trimethoxysilyl)propyl]ammonium chloride | 248-595-8 | 27668-52-6 | 21 |
| (S)-3-allyl-2-methyl-4-oxocyclopent-2-enyl(1R,3R)-2,2-dimethyl-3-(2-methylprop-1-enyl)-cyclopropanecarboxylate (only 1R trans, 1S isomer)/S-Bioallethrin | 249-013-5 | 28434-00-6 | 18 |
| Bioresmethrin | 249-01-40 | 28434-01-7 | 18 |
| Trans-isopropyl-3-[[(ethylamino)methoxyphosphinothioyl]oxy]crotonate | 250-517-2 | 31218-83-4 | 18 |
| Amitraz | 251-375-4 | 33089-61-1 | 18 |
| 3-(4-isopropylphenyl)-1,1-dimethylurea/Isoproturon | 251-835-4 | 34123-59-6 | 18 |
| 3-(4-isopropylphenyl)-1,1-dimethylurea/Isoproturon | 251-835-4 | 34123-59-6 | 21 |
| m-phenoxybenzyl 3-(2,2-dichlorovinyl)-2,2-dimethylcyclopropanecarboxylate/Permethrin | 258-067-9 | 52645-53-1 | 19 |
| 3-iodo-2-propynyl butylcarbamate | 259-627-5 | 55406-53-6 | 18 |
| Cis-4-[3-(p-tert-butylphenyl)-2-methylpropyl]-2,6-dimethylmorpholine/Fenpropimorph | 266-719-9 | 67564-91-4 | 21 |
| Quaternary ammonium compounds, benzyl-C12-18-alkyldimethyl, chlorides | 269-919-4 | 68391-01-5 | 16 |
| Quaternary ammonium compounds, benzyl-C12-18-alkyldimethyl, chlorides | 269-919-4 | 68391-01-5 | 18 |
| Quaternary ammonium compounds, benzyl-C12-18-alkyldimethyl, chlorides | 269-919-4 | 68391-01-5 | 19 |
| Quaternary ammonium compounds, benzyl-C12-18-alkyldimethyl, chlorides | 269-919-4 | 68391-01-5 | 21 |
| Quaternary ammonium compounds, di-C8-10-alkyldimethyl, chlorides | 270-331-5 | 68424-95-3 | 16 |
| Melaleuca alternifolia, ext./Australian Tea Tree Oil | 285-377-1 | 85085-48-9 | 19 |
| 2,4,8,10-tetra(tert-butyl)-6-hydroxy-12H-dibenzo[d,g][1,3,2]dioxaphosphocin 6-oxide, sodium salt | 286-344-4 | 85209-91-2 | 1 |
| Quaternary ammonium compounds, benzyl-C12-14-alkyldimethyl, chlorides | 287-089-1 | 85409-22-9 | 16 |
| Quaternary ammonium compounds, benzyl-C12-14-alkyldimethyl, chlorides | 287-089-1 | 85409-22-9 | 18 |
| Quaternary ammonium compounds, benzyl-C12-14-alkyldimethyl, chlorides | 287-089-1 | 85409-22-9 | 19 |
| Quaternary ammonium compounds, benzyl-C12-14-alkyldimethyl, chlorides | 287-089-1 | 85409-22-9 | 21 |
| Quaternary ammonium compounds, C12-14-alkyl[(ethylphenyl)methyl]dimethyl, chlorides | 287-090-7 | 85409-23-0 | 16 |
| Quaternary ammonium compounds, C12-14-alkyl[(ethylphenyl)methyl]dimethyl, chlorides | 287-090-7 | 85409-23-0 | 18 |
| Quaternary ammonium compounds, C12-14-alkyl[(ethylphenyl)methyl]dimethyl, chlorides | 287-090-7 | 85409-23-0 | 19 |
| Quaternary ammonium compounds, C12-14-alkyl[(ethylphenyl)methyl]dimethyl, chlorides | 287-090-7 | 85409-23-0 | 21 |
| .alpha.-cyano-4-fluoro-3-phenoxybenzyl [1.alpha.(S*),3.alpha.]-(±)-3-(2,2-dichlorovinyl)-2,2-dimethylcyclopropanecarboxylate | 289-244-9 | 86560-93-2 | 18 |
| Chrysanthemum cinerariaefolium, ext. | 289-699-3 | 89997-63-7 | 19 |
| Juniper, Juniperus mexicana, ext. | 294-461-7 | 91722-61-1 | 19 |
| Lavender, Lavandula hybrida, ext./Lavandin oil | 294-470-6 | 91722-69-9 | 18 |
| 3-benzo(b)thien-2-yl-5,6-dihydro-1,4,2-oxathiazine,4-oxide | 431-030-6 | 163269-30-5 | 21 |
| Chloromethyl n-octyl disulfide | 432-680-3 | 180128-56-7 | 21 |
| Potassium salts of fatty acids (C15-21) | Mixture | — | 18 |
| (E)-2-Octadecenal | Not yet allocated | 51534-37-3 | 19 |
| (E,Z)-2,13-Octadecadienal | Not yet allocated | 99577-57-8 | 19 |
| S-Hydroprene/Ethyl (S-(E,E))-3,7,11-trimethyldodeca-2,4-dienoate | Plant protection product | 65733-18-8 | 18 |
| 4-Bromo-2-(4-chlorophenyl)-1-(ethoxymethyl)-5-(trifluoromethyl)-1H-pyrrole-3-carbonitrile/Chlorfenapyr | Plant protection product | 122453-73-0 | 21 |

Name

EC No

CAS No

Product-type

Bis[1-cyclohexyl-1,2-di(hydroxy-.kappa.O)diazeniumato(2-)]-copper

312600-89-8

21

Formic acid

200-579-1

64-18-6

18

Propan-2-ol

200-661-7

67-63-0

18

L-(+)-lactic acid

201-196-2

79-33-4

1

L-(+)-lactic acid

201-196-2

79-33-4

13

Anthraquinone

201-549-0

84-65-1

19

1,4-dichlorobenzene

203-400-5

106-46-7

18

1,4-dichlorobenzene

203-400-5

106-46-7

19

N-(2-ethylhexyl)-8,9,10-trinorborn-5-ene-2,3-dicarboximide

204-029-1

113-48-4

18

Benzyl benzoate

204-402-9

120-51-4

19

Malathion

204-497-7

121-75-5

18

Octanoic acid

204-677-5

124-07-2

19

Captan

205-087-0

133-06-2

21

N-(trichloromethylthio)phthalimide/Folpet

205-088-6

133-07-3

21

Ziram

205-288-3

137-30-4

19

Ziram

205-288-3

137-30-4

21

Thiabendazole

205-725-8

148-79-8

21

Diuron

206-354-4

330-54-1

21

(RS)-3-allyl-2-methyl-4-oxocyclopent-2-enyl-(1RS,3RS;1RS,3SR)-2,2-dimethyl-3-(2-methylprop-1-enyl)-cyclopropanecarboxylate (all isomers; ratio: 1:1:1:1:1:1:1:1)/Allethrin

209-542-4

584-79-2

18

Zinc sulphide

215-251-3

1314-98-3

18

Zinc sulphide

215-251-3

1314-98-3

21

Disodium tetraborate, anhydrous

215-540-4

1330-43-4

18

Naphthenic acids, copper salts

215-657-0

1338-02-9

8

Chlorothalonil

217-588-1

1897-45-6

21

Fluometuron

218-500-4

2164-17-2

21

Chlorpyrifos

220-864-4

2921-88-2

18

Chlorpyrifos-methyl

227-011-5

5598-13-0

18

(R)-p-mentha-1,8-diene

227-813-5

5989-27-5

18

(R)-p-mentha-1,8-diene

227-813-5

5989-27-5

19

Prometryn

230-711-3

7287-19-6

21

Silicon dioxide — amorphous

231-545-4

7631-86-9

16

Silicon dioxide — amorphous

231-545-4

7631-86-9

19

Bone oil/Animal oil

232-294-3

8001-85-2

19

Rape oil

232-299-0

8002-13-9

18

Lignin

232-682-2

9005-53-2

19

Lignin

232-682-2

9005-53-2

21

Oxine-copper

233-841-9

10380-28-6

8

Disodium octaborate tetrahydrate

234-541-0

12280-03-4

18

Dodecylguanidine monohydrochloride

237-030-0

13590-97-1

16

Dodecylguanidine monohydrochloride

237-030-0

13590-97-1

21

Phoxim

238-887-3

14816-18-3

18

Chlorotoluron

239-592-2

15545-48-9

21

Methomyl

240-815-0

16752-77-5

18

Dimethyloctadecyl[3-(trimethoxysilyl)propyl]ammonium chloride

248-595-8

27668-52-6

21

(S)-3-allyl-2-methyl-4-oxocyclopent-2-enyl(1R,3R)-2,2-dimethyl-3-(2-methylprop-1-enyl)-cyclopropanecarboxylate (only 1R trans, 1S isomer)/S-Bioallethrin

249-013-5

28434-00-6

18

Bioresmethrin

249-01-40

28434-01-7

18

Trans-isopropyl-3-[[(ethylamino)methoxyphosphinothioyl]oxy]crotonate

250-517-2

31218-83-4

18

Amitraz

251-375-4

33089-61-1

18

3-(4-isopropylphenyl)-1,1-dimethylurea/Isoproturon

251-835-4

34123-59-6

18

3-(4-isopropylphenyl)-1,1-dimethylurea/Isoproturon

251-835-4

34123-59-6

21

m-phenoxybenzyl 3-(2,2-dichlorovinyl)-2,2-dimethylcyclopropanecarboxylate/Permethrin

258-067-9

52645-53-1

19

3-iodo-2-propynyl butylcarbamate

259-627-5

55406-53-6

18

Cis-4-[3-(p-tert-butylphenyl)-2-methylpropyl]-2,6-dimethylmorpholine/Fenpropimorph

266-719-9

67564-91-4

21

Quaternary ammonium compounds, benzyl-C12-18-alkyldimethyl, chlorides

269-919-4

68391-01-5

16

Quaternary ammonium compounds, benzyl-C12-18-alkyldimethyl, chlorides

269-919-4

68391-01-5

18

Quaternary ammonium compounds, benzyl-C12-18-alkyldimethyl, chlorides

269-919-4

68391-01-5

19

Quaternary ammonium compounds, benzyl-C12-18-alkyldimethyl, chlorides

269-919-4

68391-01-5

21

Quaternary ammonium compounds, di-C8-10-alkyldimethyl, chlorides

270-331-5

68424-95-3

16

Melaleuca alternifolia, ext./Australian Tea Tree Oil

285-377-1

85085-48-9

19

2,4,8,10-tetra(tert-butyl)-6-hydroxy-12H-dibenzo[d,g][1,3,2]dioxaphosphocin 6-oxide, sodium salt

286-344-4

85209-91-2

1

Quaternary ammonium compounds, benzyl-C12-14-alkyldimethyl, chlorides

287-089-1

85409-22-9

16

Quaternary ammonium compounds, benzyl-C12-14-alkyldimethyl, chlorides

287-089-1

85409-22-9

18

Quaternary ammonium compounds, benzyl-C12-14-alkyldimethyl, chlorides

287-089-1

85409-22-9

19

Quaternary ammonium compounds, benzyl-C12-14-alkyldimethyl, chlorides

287-089-1

85409-22-9

21

Quaternary ammonium compounds, C12-14-alkyl[(ethylphenyl)methyl]dimethyl, chlorides

287-090-7

85409-23-0

16

Quaternary ammonium compounds, C12-14-alkyl[(ethylphenyl)methyl]dimethyl, chlorides

287-090-7

85409-23-0

18

Quaternary ammonium compounds, C12-14-alkyl[(ethylphenyl)methyl]dimethyl, chlorides

287-090-7

85409-23-0

19

Quaternary ammonium compounds, C12-14-alkyl[(ethylphenyl)methyl]dimethyl, chlorides

287-090-7

85409-23-0

21

.alpha.-cyano-4-fluoro-3-phenoxybenzyl [1.alpha.(S*),3.alpha.]-(±)-3-(2,2-dichlorovinyl)-2,2-dimethylcyclopropanecarboxylate

289-244-9

86560-93-2

18

Chrysanthemum cinerariaefolium, ext.

289-699-3

89997-63-7

19

Juniper, Juniperus mexicana, ext.

294-461-7

91722-61-1

19

Lavender, Lavandula hybrida, ext./Lavandin oil

294-470-6

91722-69-9

18

3-benzo(b)thien-2-yl-5,6-dihydro-1,4,2-oxathiazine,4-oxide

431-030-6

163269-30-5

21

Chloromethyl n-octyl disulfide

432-680-3

180128-56-7

21

Potassium salts of fatty acids (C15-21)

Mixture

—

18

(E)-2-Octadecenal

Not yet allocated

51534-37-3

19

(E,Z)-2,13-Octadecadienal

Not yet allocated

99577-57-8

19

S-Hydroprene/Ethyl (S-(E,E))-3,7,11-trimethyldodeca-2,4-dienoate

Plant protection product

65733-18-8

18

4-Bromo-2-(4-chlorophenyl)-1-(ethoxymethyl)-5-(trifluoromethyl)-1H-pyrrole-3-carbonitrile/Chlorfenapyr

Plant protection product

122453-73-0

21

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