# Official Journal L 129/2007

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 129 |
| | |
| English edition | Legislation | Volume 5017 May 2007 |

ISSN 1725-2555

Official Journal

of the European Union

L 129

English edition

Legislation

Volume 5017 May 2007

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 541/2007 of 16 May 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 542/2007 of 16 May 2007 setting the allocation coefficient for issuing of licences applied for from 7 to 11 May 2007 to import sugar products under tariff quotas and preferential agreements | 3 |
| | | Commission Regulation (EC) No 543/2007 of 16 May 2007 on the issue of licences for importing rice under the tariff quotas opened for the May 2007 subperiod by Regulation (EC) No 2021/2006 | 7 |
| | * | Commission Regulation (EC) No 544/2007 of 16 May 2007 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Baena (PDO)) | 10 |
| | * | Commission Regulation (EC) No 545/2007 of 16 May 2007 opening and providing for the administration of an import tariff quota for frozen beef intended for processing (1 July 2007 to 30 June 2008) | 14 |
| | * | Commission Regulation (EC) No 546/2007 of 16 May 2007 establishing a prohibition of fishing for herring in Baltic Sea subdivisions 25-27, 28.2, 29 and 32 by vessels flying the flag of Germany | 23 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 541/2007 of 16 May 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 542/2007 of 16 May 2007 setting the allocation coefficient for issuing of licences applied for from 7 to 11 May 2007 to import sugar products under tariff quotas and preferential agreements

3

Commission Regulation (EC) No 543/2007 of 16 May 2007 on the issue of licences for importing rice under the tariff quotas opened for the May 2007 subperiod by Regulation (EC) No 2021/2006

7

*

Commission Regulation (EC) No 544/2007 of 16 May 2007 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Baena (PDO))

10

*

Commission Regulation (EC) No 545/2007 of 16 May 2007 opening and providing for the administration of an import tariff quota for frozen beef intended for processing (1 July 2007 to 30 June 2008)

14

*

Commission Regulation (EC) No 546/2007 of 16 May 2007 establishing a prohibition of fishing for herring in Baltic Sea subdivisions 25-27, 28.2, 29 and 32 by vessels flying the flag of Germany

23

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Council |
| | | 2007/340/EC |
| | * | Council Decision of 19 April 2007 on the conclusion of the Agreement between the European Community and the Russian Federation on the facilitation of issuance of short-stay visas | 25 |
| | * | Agreement between the European Community and the Russian Federation on the facilitation of the issuance of visas to the citizens of the European Union and the Russian Federation | 27 |
| | * | Protocol to the Agreement on the Member States that do not fully apply the Schengen acquis | 35 |
| | | 2007/341/EC |
| | * | Council Decision of 19 April 2007 on the conclusion of the Agreement between the European Community and the Russian Federation on readmission | 38 |
| | * | Agreement between the European Community and the Russian Federation on readmission | 40 |
| | | Commission |
| | | 2007/342/EC |
| | * | Commission Decision of 15 May 2007 on the allocation to Belgium of additional days at sea within the ICES zones IV, VIIa and VIId
  (notified under document number C(2007) 2072)

   (
  1
  ) | 61 |
| | | 2007/343/EC |
| | * | Commission Decision of 15 May 2007 authorising the placing on the market of oil enriched with phytosterols/phytostanols as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council
  (notified under document number C(2007) 2073) | 63 |
| | | 2007/344/EC |
| | * | Commission Decision of 16 May 2007 on harmonised availability of information regarding spectrum use within the Community
  (notified under document number C(2007) 2085)

   (
  1
  ) | 67 |

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

DECISIONS

Council

2007/340/EC

*

Council Decision of 19 April 2007 on the conclusion of the Agreement between the European Community and the Russian Federation on the facilitation of issuance of short-stay visas

25

*

Agreement between the European Community and the Russian Federation on the facilitation of the issuance of visas to the citizens of the European Union and the Russian Federation

27

*

Protocol to the Agreement on the Member States that do not fully apply the Schengen acquis

acquis

35

2007/341/EC

*

Council Decision of 19 April 2007 on the conclusion of the Agreement between the European Community and the Russian Federation on readmission

38

*

Agreement between the European Community and the Russian Federation on readmission

40

Commission

2007/342/EC

*

Commission Decision of 15 May 2007 on the allocation to Belgium of additional days at sea within the ICES zones IV, VIIa and VIId
  (notified under document number C(2007) 2072)

   (
  1
  )

(notified under document number C(2007) 2072)

1

61

2007/343/EC

*

Commission Decision of 15 May 2007 authorising the placing on the market of oil enriched with phytosterols/phytostanols as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council
  (notified under document number C(2007) 2073)

(notified under document number C(2007) 2073)

63

2007/344/EC

*

Commission Decision of 16 May 2007 on harmonised availability of information regarding spectrum use within the Community
  (notified under document number C(2007) 2085)

   (
  1
  )

(notified under document number C(2007) 2085)

1

67

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

---

(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.

---

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

REGULATIONS

| 17.5.2007 | EN | Official Journal of the European Union | L 129/1 |
| --- | --- | --- | --- |

17.5.2007

EN

Official Journal of the European Union

L 129/1

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COMMISSION REGULATION (EC) No 541/2007

of 16 May 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 17 May 2007.

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

Done at Brussels, 16 May 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

1

---

ANNEX

to Commission Regulation of 16 May 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 41,8 |
| TN | 81,0 |
| TR | 117,0 |
| ZZ | 79,9 |
| 0707 00 05 | JO | 171,8 |
| MK | 35,1 |
| TR | 119,1 |
| ZZ | 108,7 |
| 0709 90 70 | TR | 109,9 |
| ZZ | 109,9 |
| 0805 10 20 | EG | 43,1 |
| IL | 59,1 |
| MA | 44,9 |
| ZZ | 49,0 |
| 0805 50 10 | AR | 58,2 |
| ZZ | 58,2 |
| 0808 10 80 | AR | 82,9 |
| BR | 76,2 |
| CL | 81,4 |
| CN | 93,3 |
| NZ | 116,2 |
| US | 126,0 |
| UY | 75,1 |
| ZA | 89,1 |
| ZZ | 92,5 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

41,8

TN

81,0

TR

117,0

ZZ

79,9

0707 00 05

JO

171,8

MK

35,1

TR

119,1

ZZ

108,7

0709 90 70

TR

109,9

ZZ

109,9

0805 10 20

EG

43,1

IL

59,1

MA

44,9

ZZ

49,0

0805 50 10

AR

58,2

ZZ

58,2

0808 10 80

AR

82,9

BR

76,2

CL

81,4

CN

93,3

NZ

116,2

US

126,0

UY

75,1

ZA

89,1

ZZ

92,5

---

(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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| 17.5.2007 | EN | Official Journal of the European Union | L 129/3 |
| --- | --- | --- | --- |

17.5.2007

EN

Official Journal of the European Union

L 129/3

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COMMISSION REGULATION (EC) No 542/2007

of 16 May 2007

setting the allocation coefficient for issuing of licences applied for from 7 to 11 May 2007 to import sugar products under tariff quotas and preferential agreements

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1),

Having regard to Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules for the 2006/07, 2007/08 and 2008/09 marketing years for importing and refining of sugar products under certain tariff quotas and preferential agreements (2), and in particular Article 5(3) thereof,

Whereas:

| (1) | Applications for import licences were submitted to the competent authority during the week of 7 to 11 May 2007, in accordance with Regulation (EC) No 950/2006 or Commission Regulation (EC) No 1832/2006 of 13 December 2006 laying down transitional measures in the sugar sector by reason of the accession of Bulgaria and Romania (3) for a total quantity equal to or exceeding the quantity available for serial numbers 09.4335 and 09.4336 (2006 to 2007). |
| --- | --- |

(1)

Applications for import licences were submitted to the competent authority during the week of 7 to 11 May 2007, in accordance with Regulation (EC) No 950/2006 or Commission Regulation (EC) No 1832/2006 of 13 December 2006 laying down transitional measures in the sugar sector by reason of the accession of Bulgaria and Romania (3) for a total quantity equal to or exceeding the quantity available for serial numbers 09.4335 and 09.4336 (2006 to 2007).

| (2) | In these circumstances, the Commission should fix an allocation coefficient in order to issue licences in proportion to the quantity available and inform the Member States that the set limit has been reached, |
| --- | --- |

(2)

In these circumstances, the Commission should fix an allocation coefficient in order to issue licences in proportion to the quantity available and inform the Member States that the set limit has been reached,

HAS ADOPTED THIS REGULATION:

Article 1

Licences shall be issued within the quantitative limits set in the Annex to this Regulation in respect of applications for import licences submitted from 7 to 11 May 2007, in accordance with Article 4(2) of Regulation (EC) No 950/2006 or Article 5 of Regulation (EC) No 1832/2006.

Article 2

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

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

Done at Brussels, 16 May 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 58, 28.2.2006, p. 1.

1

(2)  OJ L 178, 1.7.2006, p. 1. Regulation as amended by Regulation (EC) No 2006/2006 (OJ L 379, 28.12.2006, p. 95).

2

(3)  OJ L 354, 14.12.2006, p. 8.

3

---

ANNEX

ACP-India Preferential Sugar

Title IV of Regulation (EC) No 950/2006

2006/07 marketing year

| Serial No | Country | Week of 7 to 11 May 2007: % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4331 | Barbados | 100 | |
| 09.4332 | Belize | 0 | Reached |
| 09.4333 | Côte d’Ivoire | 100 | |
| 09.4334 | Republic of the Congo | 100 | |
| 09.4335 | Fiji | 100 | Reached |
| 09.4336 | Guyana | 100 | Reached |
| 09.4337 | India | 0 | Reached |
| 09.4338 | Jamaica | 100 | |
| 09.4339 | Kenya | 100 | |
| 09.4340 | Madagascar | 100 | |
| 09.4341 | Malawi | 100 | |
| 09.4342 | Mauritius | 100 | |
| 09.4343 | Mozambique | 0 | Reached |
| 09.4344 | Saint Kitts and Nevis | — | |
| 09.4345 | Suriname | — | |
| 09.4346 | Swaziland | 100 | |
| 09.4347 | Tanzania | 0 | Reached |
| 09.4348 | Trinidad and Tobago | 100 | |
| 09.4349 | Uganda | — | |
| 09.4350 | Zambia | 100 | |
| 09.4351 | Zimbabwe | 100 | |

Serial No

Country

Week of 7 to 11 May 2007: % of requested quantity to be granted

Limit

09.4331

Barbados

100

09.4332

Belize

0

Reached

09.4333

Côte d’Ivoire

100

09.4334

Republic of the Congo

100

09.4335

Fiji

100

Reached

09.4336

Guyana

100

Reached

09.4337

India

0

Reached

09.4338

Jamaica

100

09.4339

Kenya

100

09.4340

Madagascar

100

09.4341

Malawi

100

09.4342

Mauritius

100

09.4343

Mozambique

0

Reached

09.4344

Saint Kitts and Nevis

—

09.4345

Suriname

—

09.4346

Swaziland

100

09.4347

Tanzania

0

Reached

09.4348

Trinidad and Tobago

100

09.4349

Uganda

—

09.4350

Zambia

100

09.4351

Zimbabwe

100

ACP-India Preferential Sugar

Title IV of Regulation (EC) No 950/2006

2007/08 marketing year

| Serial No | Country | Week of 7 to 11 May 2007: % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4331 | Barbados | — | |
| 09.4332 | Belize | 100 | |
| 09.4333 | Côte d’Ivoire | — | |
| 09.4334 | Republic of the Congo | — | |
| 09.4335 | Fiji | — | |
| 09.4336 | Guyana | — | |
| 09.4337 | India | 100 | |
| 09.4338 | Jamaica | — | |
| 09.4339 | Kenya | — | |
| 09.4340 | Madagascar | — | |
| 09.4341 | Malawi | — | |
| 09.4342 | Mauritius | — | |
| 09.4343 | Mozambique | 100 | |
| 09.4344 | Saint Kitts and Nevis | — | |
| 09.4345 | Suriname | — | |
| 09.4346 | Swaziland | — | |
| 09.4347 | Tanzania | 100 | |
| 09.4348 | Trinidad and Tobago | — | |
| 09.4349 | Uganda | — | |
| 09.4350 | Zambia | — | |
| 09.4351 | Zimbabwe | — | |

Serial No

Country

Week of 7 to 11 May 2007: % of requested quantity to be granted

Limit

09.4331

Barbados

—

09.4332

Belize

100

09.4333

Côte d’Ivoire

—

09.4334

Republic of the Congo

—

09.4335

Fiji

—

09.4336

Guyana

—

09.4337

India

100

09.4338

Jamaica

—

09.4339

Kenya

—

09.4340

Madagascar

—

09.4341

Malawi

—

09.4342

Mauritius

—

09.4343

Mozambique

100

09.4344

Saint Kitts and Nevis

—

09.4345

Suriname

—

09.4346

Swaziland

—

09.4347

Tanzania

100

09.4348

Trinidad and Tobago

—

09.4349

Uganda

—

09.4350

Zambia

—

09.4351

Zimbabwe

—

Complementary Sugar

Title V of Regulation (EC) No 950/2006

2006/07 marketing year

| Serial No | Country | Week of 7 to 11 May 2007: % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4315 | India | 100 | |
| 09.4316 | ACP Protocol signatory countries | 100 | |

Serial No

Country

Week of 7 to 11 May 2007: % of requested quantity to be granted

Limit

09.4315

India

100

09.4316

ACP Protocol signatory countries

100

CXL Concessions Sugar

Title VI of Regulation (EC) No 950/2006

2006/07 marketing year

| Serial No | Country | Week of 7 to 11 May 2007: % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4317 | Australia | 0 | Reached |
| 09.4318 | Brazil | 0 | Reached |
| 09.4319 | Cuba | 0 | Reached |
| 09.4320 | Other third countries | 0 | Reached |

Serial No

Country

Week of 7 to 11 May 2007: % of requested quantity to be granted

Limit

09.4317

Australia

0

Reached

09.4318

Brazil

0

Reached

09.4319

Cuba

0

Reached

09.4320

Other third countries

0

Reached

Balkans sugar

Title VII of Regulation (EC) No 950/2006

2006/07 marketing year

| Serial No | Country | Week of 7 to 11 May 2007: % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4324 | Albania | 100 | |
| 09.4325 | Bosnia and Herzegovina | 0 | Reached |
| 09.4326 | Serbia, Montenegro and Kosovo | 100 | |
| 09.4327 | Former Yugoslav Republic of Macedonia | 100 | |
| 09.4328 | Croatia | 100 | |

Serial No

Country

Week of 7 to 11 May 2007: % of requested quantity to be granted

Limit

09.4324

Albania

100

09.4325

Bosnia and Herzegovina

0

Reached

09.4326

Serbia, Montenegro and Kosovo

100

09.4327

Former Yugoslav Republic of Macedonia

100

09.4328

Croatia

100

Exceptional import sugar and industrial import sugar

Title VIII of Regulation (EC) No 950/2006

2006/07 Marketing year

| Serial No | Type | Week of 7 to 11 May 2007: % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4380 | Exceptional | — | |
| 09.4390 | Industrial | 100 | |

Serial No

Type

Week of 7 to 11 May 2007: % of requested quantity to be granted

Limit

09.4380

Exceptional

—

09.4390

Industrial

100

Import of sugar under the transitional tariff quotas opened for Bulgaria and Romania

Chapter 1 Section 2 of Regulation (EC) No 1832/2006

2006/07 marketing year

| Order No | Type | Week of 7 to 11 May 2007: % of requested quantity to be granted | Limit |
| --- | --- | --- | --- |
| 09.4365 | Bulgaria | 0 | Reached |
| 09.4366 | Romania | 100 | |

Order No

Type

Week of 7 to 11 May 2007: % of requested quantity to be granted

Limit

09.4365

Bulgaria

0

Reached

09.4366

Romania

100

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| 17.5.2007 | EN | Official Journal of the European Union | L 129/7 |
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17.5.2007

EN

Official Journal of the European Union

L 129/7

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COMMISSION REGULATION (EC) No 543/2007

of 16 May 2007

on the issue of licences for importing rice under the tariff quotas opened for the May 2007 subperiod by Regulation (EC) No 2021/2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (1),

Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,

Having regard to Commission Regulation (EC) No 2021/2006 of 22 December 2006 opening and providing for the administration of import quotas for rice originating in the African, Caribbean and Pacific States (ACP States) and the overseas countries and territories (OCTs) (3), and in particular Article 15(1) thereof,

Whereas:

| (1) | Regulation (EC) No 2021/2006 opens an annual overall tariff quota for the import of 160 000 tonnes of rice, in husked-rice equivalent, comprising 125 000 tonnes originating in the ACP States (serial number 09.4187), 25 000 tonnes originating in the Netherlands Antilles and Aruba (serial number 09.4189) and 10 000 tonnes originating in the least developed OCTs (serial number 09.4190), and an annual tariff quota of 20 000 tonnes of broken rice originating in the ACP States (serial number 09.4188). |
| --- | --- |

(1)

Regulation (EC) No 2021/2006 opens an annual overall tariff quota for the import of 160 000 tonnes of rice, in husked-rice equivalent, comprising 125 000 tonnes originating in the ACP States (serial number 09.4187), 25 000 tonnes originating in the Netherlands Antilles and Aruba (serial number 09.4189) and 10 000 tonnes originating in the least developed OCTs (serial number 09.4190), and an annual tariff quota of 20 000 tonnes of broken rice originating in the ACP States (serial number 09.4188).

| (2) | For these quotas, provided for in Article 1(1)(a) and (b) of Regulation (EC) No 2021/2006, the second subperiod is the month of May. |
| --- | --- |

(2)

For these quotas, provided for in Article 1(1)(a) and (b) of Regulation (EC) No 2021/2006, the second subperiod is the month of May.

| (3) | The information provided in accordance with Article 17(a) of Regulation (EC) No 2021/2006 shows that in the case of the quotas with serial numbers 09.4187, 09.4188 and 09.4189 applications lodged during the first five working days of May 2007 in accordance with the first subparagraph of Article 13 of that Regulation cover a quantity in husked-rice equivalent greater than the quantity available. As a result, the extent to which import licences may be issued should be determined by laying down the award coefficient to be applied to the quantities applied for under the quota[s] in question. |
| --- | --- |

(3)

The information provided in accordance with Article 17(a) of Regulation (EC) No 2021/2006 shows that in the case of the quotas with serial numbers 09.4187, 09.4188 and 09.4189 applications lodged during the first five working days of May 2007 in accordance with the first subparagraph of Article 13 of that Regulation cover a quantity in husked-rice equivalent greater than the quantity available. As a result, the extent to which import licences may be issued should be determined by laying down the award coefficient to be applied to the quantities applied for under the quota[s] in question.

| (4) | The above information also shows that in the case of the quotas with serial number 09.4190 applications lodged during the first five working days of May 2007 in accordance with the first subparagraph of Article 13 of that Regulation cover a quantity in husked-rice equivalent less than the quantity available. |
| --- | --- |

(4)

The above information also shows that in the case of the quotas with serial number 09.4190 applications lodged during the first five working days of May 2007 in accordance with the first subparagraph of Article 13 of that Regulation cover a quantity in husked-rice equivalent less than the quantity available.

| (5) | In accordance with Article 15(1) of Regulation (EC) No 2021/2006, the total quantities available for the next subperiod should also be laid down, |
| --- | --- |

(5)

In accordance with Article 15(1) of Regulation (EC) No 2021/2006, the total quantities available for the next subperiod should also be laid down,

HAS ADOPTED THIS REGULATION:

Article 1

1.   For import licence applications for rice under the quotas with serial numbers 09.4187, 09.4188 and 09.4189 as referred to in Regulation (EC) No 2021/2006 lodged during the first five working days of May 2007, licences shall be issued for the quantities applied for, multiplied by the award coefficients set out in the Annex to this Regulation.

2.   The total quantities available under the quotas with serial numbers 09.4187, 09.4188, 09.4189 and 09.4190 as referred to in Regulation (EC) No 2021/2006 for the next subperiod shall be as set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 16 May 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 270, 21.10.2003, p. 96. Regulation as amended by Regulation (EC) No 797/2006 (OJ L 144, 31.5.2006, p. 1).

1

(2)  OJ L 238, 1.9.2006, p. 13. Regulation as amended by Regulation (EC) No 289/2007 (OJ L 78, 17.3.2007, p. 17).

2

(3)  OJ L 384, 29.12.2006, p. 61.

3

---

ANNEX

Quantities to be awarded for the May 2007 subperiod and quantities available for the next subperiod under Regulation (EC) No 2021/2006

| Origin/product | Serial No | Award coefficient for May 2007 subperiod | Quantities available for September 2007 subperiod (kg)
  (en kg) |
| --- | --- | --- | --- |
| ACP States (Articles 2 and 3 of Regulation (EC) No 2021/2006) | 09.4187 | 29,237747  % | 41 666 004 |
| — | CN codes 1006 10 21 to 1006 10 98 , 1006 20 and 1006 30 |

Origin/product

Serial No

Award coefficient for May 2007 subperiod

Quantities available for September 2007 subperiod (kg)

(en kg)

ACP States (Articles 2 and 3 of Regulation (EC) No 2021/2006)

09.4187

29,237747  %

41 666 004

—

CN codes 1006 10 21 to 1006 10 98 , 1006 20 and 1006 30

ACP States (Articles 4 and 5 of Regulation (EC) No 2021/2006)

09.4188

91,620043  %

0

| — | CN code 1006 40 00 |
| --- | --- |

—

CN code 1006 40 00

OCTs (Article 8 and Article 9(1)(a) and (b) of Regulation (EC) No 2021/2006)

| — | CN code 1006 |
| --- | --- |

—

CN code 1006

| (a) | Netherlands Antilles and Aruba: |
| --- | --- |

(a)

Netherlands Antilles and Aruba:

09.4189

67,574812  %

8 333 001

| (b) | least developed OCTs: |
| --- | --- |

(b)

least developed OCTs:

09.4190

— (1)

10 000 000

---

(1)  No award coefficient for this subperiod: no licence applications were sent to the Commission.

---

| 17.5.2007 | EN | Official Journal of the European Union | L 129/10 |
| --- | --- | --- | --- |

17.5.2007

EN

Official Journal of the European Union

L 129/10

---

COMMISSION REGULATION (EC) No 544/2007

of 16 May 2007

approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Baena (PDO))

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | In accordance with the first subparagraph of Article 9(1) and Article 17(2) of Regulation (EC) No 510/2006, the Commission has examined the application from Spain for approval of an amendment to the specification for the protected designation of origin ‘Baena’ registered by Commission Regulation (EC) No 1107/96 (2). |
| --- | --- |

(1)

In accordance with the first subparagraph of Article 9(1) and Article 17(2) of Regulation (EC) No 510/2006, the Commission has examined the application from Spain for approval of an amendment to the specification for the protected designation of origin ‘Baena’ registered by Commission Regulation (EC) No 1107/96 (2).

| (2) | Since the amendment in question is not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union as required by Article 6 of that Regulation (3). As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendment should be approved, |
| --- | --- |

(2)

Since the amendment in question is not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union as required by Article 6 of that Regulation (3). As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendment should be approved,

HAS ADOPTED THIS REGULATION:

Article 1

The specification for the designation of origin ‘Baena’ is hereby amended in accordance with Annex I to this Regulation

Article 2

A summary of the main points of the specification is given in Annex II to this Regulation.

Article 3

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

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

Done at Brussels, 16 May 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 93, 31.3.2006, p. 12. Regulation as amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

1

(2)  OJ L 148, 21.6.1996, p. 1. Regulation last amended by Commission Regulation (EC) No 2156/2005 (OJ L 342, 24.12.2005, p. 54).

2

(3)  OJ C 321, 31.12.2003, p. 49 and OJ C 139, 14.6.2006, p. 21.

3

---

ANNEX I

AMENDMENT APPLICATION

COUNCIL REGULATION (EC) No 510/2006

Amendment application pursuant to Article 9 and Article 17(2)

‘BAENA’

EC No: ES/PDO/117/0069/07.10.2003

PDO (X) PGI ( )

Amendments(s) requested:

Heading(s) in the specification:

| — | Specification heading:







  — |  | Name of product |
| --- | --- | --- | --- |
| — |  | Description of product |
| — | | Geographical area: |
| — |  | Proof of origin: |
| — |  | Method of production: |
| — |  | Link: |
| — |  | Labelling: |
| — |  | National requirements |

—

Specification heading:

—



Name of product

—



Description of product

—

Image 1

Geographical area:

—



Proof of origin:

—



Method of production:

—



Link:

—



Labelling:

—



National requirements

| — | Amendments: |
| --- | --- |

—

Amendments:

In the paragraph ‘Production’, where the following text appears:

‘The olive oil production area covered by the designation of origin “Baena” is made up of land located in the municipalities of Baena, Castro del Río, Luque, Doña Mencia, Nueva Carteya and Zuheros, “Cabra” should be added.’

---

ANNEX II

SUMMARY

Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

‘BAENA’

EC No: ES/PDO/117/0069/07.10.2003

PDO (X) PGI ( )

This summary sets out the main points of the product specification for information purposes.

1.

| Name | Subdirección General de Calidad y Promoción Agroalimentaria. Dirección General de Industria Agroalimentaria y Alimentación. Secretaría General de Agricultura y Alimentación. Ministerio de Agricultura, Pesca y Alimentación |
| --- | --- |
| Address: | Infanta Isabel 1o E 20871 Madrid |
| Tel: | 34 91 34 753 94 |
| Fax: | 34 91 34 7 54 10 |
| E-mail: | sgcaproagro@mapya.es |

Name

Subdirección General de Calidad y Promoción Agroalimentaria. Dirección General de Industria Agroalimentaria y Alimentación. Secretaría General de Agricultura y Alimentación. Ministerio de Agricultura, Pesca y Alimentación

Address:

Infanta Isabel 1o E 20871 Madrid

Tel:

34 91 34 753 94

Fax:

34 91 34 7 54 10

E-mail:

sgcaproagro@mapya.es

2.

| Name | : | Consejo Regulador de la D.O.Baena |
| --- | --- | --- |
| Address | : | Avda. de la Constitución, s/ 1485 Municipio — Baena (Córdoba) |
| Tel | : | 34 957 69 11 21 |
| Fax | : | 34 957 69 11 10 |
| E-mail | : | olivavirgen@dobaena.com |
| Composition | : | Producers/processors (X) Other ( ) |

Name

:

Consejo Regulador de la D.O.Baena

Address

:

Avda. de la Constitución, s/ 1485 Municipio — Baena (Córdoba)

Tel

:

34 957 69 11 21

Fax

:

34 957 69 11 10

E-mail

:

olivavirgen@dobaena.com

Composition

:

Producers/processors (X) Other ( )

3.

4.

4.1.   
  Product name
  : ‘Baena’

4.2.   
  Description
  : Extra virgin olive oil obtained from olives of the varieties ‘Picudo’, ‘Carrasqueño de Córdoba’, ‘Lechin’, ‘Chorrúo’ or ‘Jarduo’, ‘Pajarero’, ‘Hojiblanco’ and ‘Picual’. Acidity between 0,4 and 1, Maximum peroxide value of 15. Moisture 0,1 %. Impurities: no more than 0,1 %. Pleasant taste, sweet, reminiscent of almonds.

4.3.   
  Geographical area
  : Comprises the municipalities of Baena, Cabra, Castro del Río, Doña Mencía, Luque, Nueva Carteya and Zuheros, in the Province of Córdoba.

4.4.   
  Proof of origin
  : Olives of the varieties authorised, from registered olive groves; oil is extracted and packed in registered plants under the supervision of the Regulatory Board. Packs are marked with the guarantee back label issued by the Regulatory Board.

4.5.   
  Method of production
  : The oil is extracted from healthy, clean olives using appropriate extraction techniques which do not detract in any way from the product’s characteristics.

4.6.   
  Link
  : Brown, calcareous soil, loamy in texture and consisting of triassic marl. Temperate continental climate. Supervised cultivation, collection and production.

4.7.   
  Inspection body
  :

| Name | : | Consejo Regulador de la Denominación Origen ‘Baena’ |
| --- | --- | --- |
| Address | : | Carretera de Fuentidueña, s/n. Apartado de Correos 92 14850 Baena (Córdoba) |
| Tél | : | — |
| Fax | : | — |
| E-mail | : | — |

Name

:

Consejo Regulador de la Denominación Origen ‘Baena’

Address

:

Carretera de Fuentidueña, s/n. Apartado de Correos 92 14850 Baena (Córdoba)

Tél

:

—

Fax

:

—

E-mail

:

—

The Regulatory Board for the ‘Baena’ designation of origin meets the requirements laid down in standard EN-45011.

4.8.   
  Labelling
  : The words ‘Denominación de Origen “Baena”’ (‘Baena’ designation of origin) shall be indicated prominently. The labels shall be authorised by the Regulatory Board, which shall also number and issue the back labels.

---

| 17.5.2007 | EN | Official Journal of the European Union | L 129/14 |
| --- | --- | --- | --- |

17.5.2007

EN

Official Journal of the European Union

L 129/14

---

COMMISSION REGULATION (EC) No 545/2007

of 16 May 2007

opening and providing for the administration of an import tariff quota for frozen beef intended for processing (1 July 2007 to 30 June 2008)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1), and in particular Article 32(1) thereof,

Whereas:

| (1) | The WTO schedule CXL requires the Community to open an annual import tariff quota of 50 700 tonnes of frozen beef intended for processing. Moreover, as a result of the negotiations which led to the Agreement in the form of an Exchange of Letters between the European Community and Australia pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union (2), approved by Council Decision 2006/106/EC (3), the Community undertook to incorporate in its schedule for all Member States an increase of 4 003 tonnes of that import tariff quota as of 1 July 2006. |
| --- | --- |

(1)

The WTO schedule CXL requires the Community to open an annual import tariff quota of 50 700 tonnes of frozen beef intended for processing. Moreover, as a result of the negotiations which led to the Agreement in the form of an Exchange of Letters between the European Community and Australia pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union (2), approved by Council Decision 2006/106/EC (3), the Community undertook to incorporate in its schedule for all Member States an increase of 4 003 tonnes of that import tariff quota as of 1 July 2006.

| (2) | Implementing rules should be laid down for the quota year 2007/2008, starting on 1 July 2007. |
| --- | --- |

(2)

Implementing rules should be laid down for the quota year 2007/2008, starting on 1 July 2007.

| (3) | The import of frozen beef under the tariff quota is subject to customs import duties and to the conditions laid down under order number 13 of Annex 7 to Part three of Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (4). |
| --- | --- |

(3)

The import of frozen beef under the tariff quota is subject to customs import duties and to the conditions laid down under order number 13 of Annex 7 to Part three of Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (4).

| (4) | Imports into the Community under the tariff quota are subject to presentation of an import licence in accordance with the first subparagraph of Article 29(1) of Regulation (EC) No 1254/1999. The provisions of Commission Regulation (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef and veal sector and repealing Regulation (EEC) No 2377/80 (5) and of Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (6) should apply to import licences issued under this Regulation, without prejudice to additional conditions laid down in this Regulation. |
| --- | --- |

(4)

Imports into the Community under the tariff quota are subject to presentation of an import licence in accordance with the first subparagraph of Article 29(1) of Regulation (EC) No 1254/1999. The provisions of Commission Regulation (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef and veal sector and repealing Regulation (EEC) No 2377/80 (5) and of Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (6) should apply to import licences issued under this Regulation, without prejudice to additional conditions laid down in this Regulation.

| (5) | Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (7) lays down in particular detailed provisions on applications for import rights, the status of applicants and the issue of import licences. The provisions of Regulation (EC) No 1301/2006 should apply, from 1 July 2007, to imports licences issued pursuant to this Regulation, without prejudice to additional conditions laid down in this Regulation. |
| --- | --- |

(5)

Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (7) lays down in particular detailed provisions on applications for import rights, the status of applicants and the issue of import licences. The provisions of Regulation (EC) No 1301/2006 should apply, from 1 July 2007, to imports licences issued pursuant to this Regulation, without prejudice to additional conditions laid down in this Regulation.

| (6) | It is appropriate to manage this import tariff quota by attributing import rights as a first step and issuing import licences as a second, as provided for in Article 6(3) of Regulation (EC) No 1301/2006. In this way, operators that have obtained import rights should be able to decide, during the course of the quota period, the moment when they wish to apply for import licences, in view of their actual trade flows. It should be possible to issue licences following allocations of import rights on the basis of applications from eligible processors. In any case, the Regulation (EC) No 1301/2006 limits the period of validity of licences to the last day of the import tariff quota period. |
| --- | --- |

(6)

It is appropriate to manage this import tariff quota by attributing import rights as a first step and issuing import licences as a second, as provided for in Article 6(3) of Regulation (EC) No 1301/2006. In this way, operators that have obtained import rights should be able to decide, during the course of the quota period, the moment when they wish to apply for import licences, in view of their actual trade flows. It should be possible to issue licences following allocations of import rights on the basis of applications from eligible processors. In any case, the Regulation (EC) No 1301/2006 limits the period of validity of licences to the last day of the import tariff quota period.

| (7) | So as to avoid speculation, access to the quota should be allowed only to active processors carrying out processing in a processing establishment approved in accordance with Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (8), or to processing establishments in Bulgaria and Romania who had been approved for export into the Community of processed meat products in accordance with Article 12 of Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (9) prior to the accession of those countries to the European Union on 1 January 2007. |
| --- | --- |

(7)

So as to avoid speculation, access to the quota should be allowed only to active processors carrying out processing in a processing establishment approved in accordance with Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (8), or to processing establishments in Bulgaria and Romania who had been approved for export into the Community of processed meat products in accordance with Article 12 of Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (9) prior to the accession of those countries to the European Union on 1 January 2007.

| (8) | In order to prevent speculation, import licences should be issued to processors solely for the quantities for which they have been allocated import rights. Moreover, for the same reason, security should be lodged together with the application for import rights. The application for import licences corresponding to the allocated rights should be a primary requirement within the meaning of Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (10). |
| --- | --- |

(8)

In order to prevent speculation, import licences should be issued to processors solely for the quantities for which they have been allocated import rights. Moreover, for the same reason, security should be lodged together with the application for import rights. The application for import licences corresponding to the allocated rights should be a primary requirement within the meaning of Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (10).

| (9) | The application of the tariff quota requires strict surveillance of imports and effective checks as to their use and destination. The processing should therefore be authorised only in the establishment referred to in the import licence. |
| --- | --- |

(9)

The application of the tariff quota requires strict surveillance of imports and effective checks as to their use and destination. The processing should therefore be authorised only in the establishment referred to in the import licence.

| (10) | A security should be lodged in order to ensure that the imported meat is used according to the tariff quota specifications. The amount of that security should be fixed taking into account the difference between the customs duties applicable within and outside the quota. |
| --- | --- |

(10)

A security should be lodged in order to ensure that the imported meat is used according to the tariff quota specifications. The amount of that security should be fixed taking into account the difference between the customs duties applicable within and outside the quota.

| (11) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal, |
| --- | --- |

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

Article 1

An import tariff quota of 54 703 tonnes, bone-in equivalent of frozen beef falling within CN code 0202 20 30, 0202 30 10, 0202 30 50, 0202 30 90 or 0206 29 91 and intended for processing in the Community (hereinafter referred to as ‘the quota’) is hereby opened for the period from 1 July 2007 to 30 June 2008 subject to the conditions laid down in this Regulation.

Article 2

1.   For the purposes of this Regulation, an A-product shall mean a processed product falling within CN code 1602 10, 1602 50 31, 1602 50 39 or 1602 50 80, not containing meat other than that of animals of the bovine species, with a collagen/protein ratio of no more than 0,45 and containing by weight at least 20 % of lean meat excluding offal and fat with meat and jelly accounting for at least 85 % of the total net weight.

The collagen content shall be considered to be the hydroxyproline content multiplied by the factor 8. The hydroxyproline content shall be determined according to ISO method 3496-1994.

The lean bovine meat content excluding fat shall be determined in accordance with the procedure laid down in the Annex to Commission Regulation (EEC) No 2429/86 (11).

Offal includes the following: heads and cuts thereof (including ears), feet, tails, hearts, udders, livers, kidneys, sweetbreads (thymus glands), pancreas, brains, lungs, throats, thick skirts, spleens, tongues, caul, spinal cords, edible skin, reproductive organs (i.e. uteri, ovaries and testes), thyroid glands, pituitary glands.

The product shall be subjected to a heat treatment sufficient to ensure the coagulation of meat proteins in the whole of the product which may not show any traces of a pinkish liquid on the cut surface when the product is cut along a line passing through its thickest part.

2.   For the purposes of this Regulation, a B-product shall mean a processed product containing beef, other than:

| (a) | the products specified in Article 1(1)(a) of Regulation (EC) No 1254/1999; or |
| --- | --- |

(a)

the products specified in Article 1(1)(a) of Regulation (EC) No 1254/1999; or

| (b) | the products referred to under paragraph 1 of this Article. |
| --- | --- |

(b)

the products referred to under paragraph 1 of this Article.

However, a processed product falling within CN code 0210 20 90 which has been dried or smoked so that the colour and consistency of the fresh meat has totally disappeared and with a water/protein ratio not exceeding 3:2 shall be considered to be a B-product.

Article 3

1.   The overall quantity referred to in Article 1 shall be divided into two quantities:

| (a) | 43 000 tonnes of frozen beef intended for the manufacture of A-products; |
| --- | --- |

(a)

43 000 tonnes of frozen beef intended for the manufacture of A-products;

| (b) | 11 703 tonnes of frozen beef intended for the manufacture of B-products. |
| --- | --- |

(b)

11 703 tonnes of frozen beef intended for the manufacture of B-products.

2.   The quota shall bear the following order numbers:

| (a) | 09.4057 for the quantities referred to in paragraph 1(a); |
| --- | --- |

(a)

09.4057 for the quantities referred to in paragraph 1(a);

| (b) | 09.4058 for the quantities referred to in paragraph 1(b). |
| --- | --- |

(b)

09.4058 for the quantities referred to in paragraph 1(b).

3.   The customs import duties to apply on frozen beef under the quota are set out in Annex I.

Article 4

1.   The quota shall be managed by attributing import rights as a first step and issuing import licences as a second.

2.   Regulations (EC) No 1445/95, (EC) No 1291/2000 and (EC) No 1301/2006 shall apply, save as otherwise provided for in this Regulation.

Article 5

1.   By way of derogation from Article 5 of Regulation (EC) No 1301/2006, instead of engagement in trade with third countries as referred to in that Article, the applicants for import rights shall prove that they are approved as processing establishments under Article 4 of Regulation (EC) No 853/2004 and shall demonstrate that they have been active in production of processed products containing beef during each of the two reference periods referred to in Article 5 of Regulation (EC) No 1301/2006.

Processing establishments in Bulgaria and Romania that were approved under Article 12 of Regulation (EC) No 854/2004 to export to the Community before 31 December 2006 and which have been active in production of processed products containing beef during each of the two reference periods referred to in Article 5 of Regulation (EC) No 1301/2006 may apply for import rights under the quota.

An application for import rights may not exceed 10 % of each quantity referred to in Article 3(1).

2.   The evidence of compliance with the conditions laid down in paragraph 1 shall be submitted together with the application for import rights.

By way of derogation from the second paragraph of Article 5 of Regulation (EC) No 1301/2006, the competent national authority shall decide what is acceptable documentary evidence of compliance with those conditions.

Article 6

1.   Each application for import rights for production of A-products or B-products shall be expressed in bone-in equivalence.

For the purpose of this paragraph 100 kilograms of bone-in beef equals 77 kilograms of boneless beef.

2.   Applications for import rights for production of either A-products or B-products shall be lodged no later than 13.00, Brussels time, on 8 June 2007.

3.   A security of EUR 6 per 100 kg shall be lodged together with the application for import rights.

4.   No later than 13.00, Brussels time, on the second Friday following the end of the period for the submission of applications referred to in paragraph 2, Member States shall notify the Commission of the total quantities applied for under each of the two categories of products.

Article 7

1.   Import rights shall be awarded as from the 7th and no later than the 16th working day following the end of the period for the notifications referred to in Article 6(4).

2.   If application of the allocation coefficient referred to in Article 7(2) of Regulation (EC) No 1301/2006 results in fewer import rights to be allocated than had been applied for, the security lodged in accordance with Article 6(3) of this Regulation shall be released proportionally without delay.

Article 8

1.   The release into free circulation of the quantities awarded under the quota is subject to the presentation of an import licence.

2.   Import licence applications shall cover the total quantity allocated. This obligation shall constitute a primary requirement within the meaning of Article 20(2) of Regulation (EEC) No 2220/85.

Article 9

1.   Licence applications may be lodged solely in the Member State where the applicant has applied and obtained import rights under the quota.

Each issuing of import licence shall result in a corresponding reduction of the import rights obtained and the security lodged in accordance with Article 6(3) shall be released proportionally without delay.

2.   Import licences shall be issued in the name of the operator who has obtained the import rights.

3.   The licence application and the licence shall contain the following information:

| (a) | in box 8, the country of origin; |
| --- | --- |

(a)

in box 8, the country of origin;

| (b) | in box 16, one of the eligible CN codes referred to in Article 1; |
| --- | --- |

(b)

in box 16, one of the eligible CN codes referred to in Article 1;

| (c) | in box 20, the order number of the quota, at least one of the entries listed in Annex II and the name and address of the processing establishment. |
| --- | --- |

(c)

in box 20, the order number of the quota, at least one of the entries listed in Annex II and the name and address of the processing establishment.

4.   Import licences shall be valid for 120 days from the actual date of issue within the meaning of Article 23(2) of Regulation (EC) No 1291/2000.

Article 10

Member States shall set up a system of physical and documentary checks to ensure that, within three months of the date of import, all meat is processed in the processing establishment and into the category of product specified on the import licence concerned.

The system shall include physical checks of quantity and quality at the start of the processing, during the processing and after the processing operation is completed. To this end, processors shall at any time be able to demonstrate the identity and use of the imported meat through appropriate production records.

Technical verification of the production method by the competent authority may, to the extent necessary, make allowance for drip losses and trimmings.

In order to verify the quality of the finished product and establish its conformity with the processor’s formula for the composition of the product, Member States shall take representative samples and analyse those products. The costs of such operations shall be borne by the processor concerned.

Article 11

1.   A security shall be lodged with the competent authority at the time of import ensuring that the processor having been allocated import rights processes the entire quantity of meat imported into the required finished products in his establishment specified in the licence application, within three months of the day of import.

The amounts of the security are fixed in Annex III.

2.   The security referred to in paragraph 1 shall be released in proportion to the quantity for which, within seven months of the day of import, proof has been furnished to the satisfaction of the competent authority that all or part of the imported meat has been processed into the relevant products within three months following the day of import in the designated establishment.

However, if processing took place after the three-month time limit referred to in the first subparagraph, the security shall be released minus a 15 % reduction plus 2 % of the remaining amount for each day by which the time limit has been exceeded.

If proof of processing is established within the seven-month time limit referred to in the first subparagraph and produced within 18 months following those seven months, the amount forfeited, less 15 % of the security amount, shall be repaid.

3.   The amount not released of the security referred to in paragraph 1 shall be forfeited.

Article 12

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

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

Done at Brussels, 16 May 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

1

(2)  OJ L 47, 17.2.2006, p. 54.

2

(3)  OJ L 47, 17.2.2006, p. 52.

3

(4)  OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 301/2007 (OJ L 81, 22.3.2007, p. 11).

4

(5)  OJ L 143, 27.6.1995, p. 35. Regulation as last amended by Regulation (EC) No 1965/2006 (OJ L 408, 30.12.2006, p. 26).

5

(6)  OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

6

(7)  OJ L 238, 1.9.2006, p. 13. Regulation as amended by Regulation (EC) No 289/2007 (OJ L 78, 17.3.2007, p. 17).

7

(8)  OJ L 139, 30.4.2004, p. 55 (corrected version in OJ L 226, 25.6.2004, p. 22). Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

8

(9)  OJ L 139, 30.4.2004, p. 206 (corrected version in OJ L 226, 25.6.2004, p. 83). Regulation as last amended by Council Regulation (EC) No 1791/2006.

9

(10)  OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation (EC) No 1913/2006.

10

(11)  OJ L 210, 1.8.1986, p. 39.

11

---

ANNEX I

Import duties

| Product
  (CN code) | For manufacture of A products | For manufacture of B products |
| --- | --- | --- |
| 0202 20 30 | 20  % | 20 % + 994,5 EUR/1 000 kg/net |
| 0202 30 10 | 20  % | 20 % + 1 554,3 EUR/1 000 kg/net |
| 0202 30 50 | 20  % | 20 % + 1 554,3 EUR/1 000 kg/net |
| 0202 30 90 | 20  % | 20 % + 2 138,4 EUR/1 000 kg/net |
| 0206 29 91 | 20  % | 20 % + 2 138,4 EUR/1 000 kg/net |

Product

(CN code)

For manufacture of A products

For manufacture of B products

0202 20 30

20  %

20 % + 994,5 EUR/1 000 kg/net

0202 30 10

20  %

20 % + 1 554,3 EUR/1 000 kg/net

0202 30 50

20  %

20 % + 1 554,3 EUR/1 000 kg/net

0202 30 90

20  %

20 % + 2 138,4 EUR/1 000 kg/net

0206 29 91

20  %

20 % + 2 138,4 EUR/1 000 kg/net

---

ANNEX II

Entries referred to in Article 9(3)(c)

| — | : | in Bulgarian | : | Лицензия, валидна в ... (държава-членка издател)_/месо, предназначено за преработка в ... [продукти А] [продукти Б] (ненужното се зачертава) в ... (точно наименование и номер на одобрението на предприятието, където ще се извърши преработката) / Регламент (ЕО) No 545/2007 |
| --- | --- | --- | --- | --- |
| — | : | in Spanish | : | Certificado válido en ... (Estado miembro expedidor)/carne destinada a la transformación ... [productos A] [productos B] (táchese lo que no proceda) en ... (designación exacta y número de registro del establecimiento en el que vaya a procederse a la transformación)/Reglamento (CE) no 545/2007 |
| — | : | in Czech | : | Licence platná v ... (vydávající členský stát) / Maso určené ke zpracování ... [výrobky A] [výrobky B] (nehodící se škrtněte) v (přesné určení a číslo schválení zpracovatelského zařízení, v němž se má zpracování uskutečnit)/ nařízení (ES) č. 545/2007 |
| — | : | in Danish | : | Licens gyldig i ... (udstedende medlemsstat) / Kød bestemt til forarbejdning til (A-produkter) (B-produkter) (det ikke gældende overstreges) i ... (nøjagtig betegnelse for den virksomhed, hvor forarbejdningen sker) / forordning (EF) nr. 545/2007 |
| — | : | in German | : | In ... (ausstellender Mitgliedstaat) gültige Lizenz / Fleisch für die Verarbeitung zu [A-Erzeugnissen] [B-Erzeugnissen] (Unzutreffendes bitte streichen) in ... (genaue Bezeichnung des Betriebs, in dem die Verarbeitung erfolgen soll) / Verordnung (EG) Nr. 545/2007 |
| — | : | in Estonian | : | Litsents on kehtiv ... (välja andev liikmesriik) / Liha töötlemiseks ... [A toode] [B toode] (kustuta mittevajalik) ... (ettevötte asukoht ja loanumber, kus toimub töötlemine / määrus (EÜ) nr. 545/2007 |
| — | : | in Greek | : | Η άδεια ισχύει ... (κράτος μέλος έκδοσης) / Κρέας που προορίζεται για μεταποίηση ... [προϊόντα Α] [προϊόντα Β] (διαγράφεται η περιττή ένδειξη) ... (ακριβής περιγραφή και αριθμός έγκρισης της εγκατάστασης όπου πρόκειται να πραγματοποιηθεί η μεταποίηση) / Κανονισμός (ΕΚ) αριθ. 545/2007 |
| — | : | in English | : | Licence valid in ... (issuing Member State) / Meat intended for processing ... [A-products] [B-products] (delete as appropriate) at ... (exact designation and approval No of the establishment where the processing is to take place) / Regulation (EC) No. 545/2007 |
| — | : | in French | : | Certificat valable ... (État membre émetteur) / viande destinée à la transformation de ... [produits A] [produits B] (rayer la mention inutile) dans ... (désignation exacte et numéro d’agrément de l’établissement dans lequel la transformation doit avoir lieu) / règlement (CE) no 545/2007 |
| — | : | in Italian | : | Titolo valido in ... (Stato membro di rilascio) / Carni destinate alla trasformazione ... [prodotti A] [prodotti B] (depennare la voce inutile) presso ... (esatta designazione e numero di riconoscimento dello stabilimento nel quale è prevista la trasformazione) / Regolamento (CE) n. 545/2007 |
| — | : | in Latvian | : | Atļauja derīga ... (dalībvalsts, kas izsniedz ievešanas atļauju) / pārstrādei paredzēta gaļa ... [A produktu] [B produktu] ražošanai (nevajadzīgo nosvītrot) ... (precīzs tā uzņēmuma apzīmējums un apstiprinājuma numurs, kurā notiks pārstrāde) / Regula (EK) Nr. 545/2007 |
| — | : | in Lithuanian | : | Licencija galioja ... (išdavusioji valstybė narė) / Mėsa skirta perdirbimui ... [produktai A] [produktai B] (ištrinti nereikalingą) ... (tikslus įmonės, kurioje bus perdirbama, pavadinimas ir registracijos Nr.) / Reglamentas (EB) Nr. 545/2007 |
| — | : | in Hungarian | : | Az engedély ... (kibocsátó tagállam) területén érvényes. / Feldolgozásra szánt hús ... [A-termék] [B-termék] (a nem kívánt törlendő) ... (pontos rendeltetési hely és a feldolgozást végző létesítmény engedélyezési száma) 545/2007/EK rendelet |
| — | : | in Maltese | : | Liċenzja valida fi ... (Stat Membru tal-ħruġ) / Laħam maħsub għall- ipproċessar ... [Prodotti-A] [Prodotti-B] (ħassar skond kif ikun xieraq) fi ... (deżinjazzjoni eżatta u Nru. ta' l-istabbiliment fejn se jsir l-ipproċessar) / Ir-Regolament (KE) Nru 545/2007 |
| — | : | in Dutch | : | Certificaat geldig in ... (lidstaat van afgifte) / Vlees bestemd voor verwerking tot [A-producten] [B-producten] (doorhalen wat niet van toepassing is) in ... (nauwkeurige aanduiding en toelatingsnummer van het bedrijf waar de verwerking zal plaatsvinden) / Verordening (EG) nr. 545/2007 |
| — | : | in Polish | : | Pozwolenie ważne w ... (wystawiające Państwo Członkowskie) / Mięso przeznaczone do przetworzenia ... [produkty A] [produkty B] (niepotrzebne skreślić) w ... (dokładne miejsce przeznaczenia i nr zatwierdzenia zakładu, w któreym ma mieć miejsce przetwarzanie) / rozporządzenie (WE) nr 545/2007 |
| — | : | in Portuguese | : | Certificado válido em ... (Estado-Membro emissor) / carne destinada à transformação ... [produtos A] [produtos B] (riscar o que não interessa) em ... (designação exacta e número de aprovação do estabelecimento em que a transformação será efectuada) / Regulamento (CE) n.o 545/2007 |
| — | : | in Romanian | : | Licență valabilă în ... (statul membru emitent) / Carne destinată procesării ... [produse-A] [produse-B] (se șterge unde este cazul) la ... (desemnarea exactă și nr. de aprobare al stabilimentului unde va avea loc procesarea) / Regulamentul (CE) nr. 545/2007 |
| — | : | in Slovak | : | Licencia platná v ... (vydávajúci členský štát) / Mäso určené na spracovanie ... [výrobky A] [výrobky B] (nehodiace sa prečiarknite) v ... (presné určenie a číslo schválenia zariadenia, v ktorom spracovanie prebehne) / nariadenie (ES) č. 545/2007 |
| — | : | in Slovenian | : | Dovoljenje velja v ... (država članica, ki ga je izdala) / Meso namenjeno predelavi ... [proizvodi A] [proizvodi B] (črtaj neustrezno) v ... (točno namembno območje in št. odobritve obrata, kjer bo predelava potekala) / Uredba (ES) št. 545/2007 |
| — | : | in Finnish | : | Todistus on voimassa ... (myöntäjäjäsenvaltio) / Liha on tarkoitettu [A-luokan tuotteet] [B-luokan tuotteet] (tarpeeton poistettava) jalostukseen ...:ssa (tarkka ilmoitus laitoksesta, jossa jalostus suoritetaan, hyväksyntänumero mukaan lukien) / Asetus (EY) N:o 545/2007 |
| — | : | in Swedish | : | Licensen är giltig i ... (utfärdande medlemsstat) / Kött avsett för bearbetning ... [A-produkter] [B-produkter] (stryk det som inte gäller) vid ... (exakt angivelse av och godkännandenummer för anläggningen där bearbetningen skall ske) / Förordning (EG) nr 545/2007 |

—

:

in Bulgarian

:

Лицензия, валидна в ... (държава-членка издател)_/месо, предназначено за преработка в ... [продукти А] [продукти Б] (ненужното се зачертава) в ... (точно наименование и номер на одобрението на предприятието, където ще се извърши преработката) / Регламент (ЕО) No 545/2007

—

:

in Spanish

:

Certificado válido en ... (Estado miembro expedidor)/carne destinada a la transformación ... [productos A] [productos B] (táchese lo que no proceda) en ... (designación exacta y número de registro del establecimiento en el que vaya a procederse a la transformación)/Reglamento (CE) no 545/2007

—

:

in Czech

:

Licence platná v ... (vydávající členský stát) / Maso určené ke zpracování ... [výrobky A] [výrobky B] (nehodící se škrtněte) v (přesné určení a číslo schválení zpracovatelského zařízení, v němž se má zpracování uskutečnit)/ nařízení (ES) č. 545/2007

—

:

in Danish

:

Licens gyldig i ... (udstedende medlemsstat) / Kød bestemt til forarbejdning til (A-produkter) (B-produkter) (det ikke gældende overstreges) i ... (nøjagtig betegnelse for den virksomhed, hvor forarbejdningen sker) / forordning (EF) nr. 545/2007

—

:

in German

:

In ... (ausstellender Mitgliedstaat) gültige Lizenz / Fleisch für die Verarbeitung zu [A-Erzeugnissen] [B-Erzeugnissen] (Unzutreffendes bitte streichen) in ... (genaue Bezeichnung des Betriebs, in dem die Verarbeitung erfolgen soll) / Verordnung (EG) Nr. 545/2007

—

:

in Estonian

:

Litsents on kehtiv ... (välja andev liikmesriik) / Liha töötlemiseks ... [A toode] [B toode] (kustuta mittevajalik) ... (ettevötte asukoht ja loanumber, kus toimub töötlemine / määrus (EÜ) nr. 545/2007

—

:

in Greek

:

Η άδεια ισχύει ... (κράτος μέλος έκδοσης) / Κρέας που προορίζεται για μεταποίηση ... [προϊόντα Α] [προϊόντα Β] (διαγράφεται η περιττή ένδειξη) ... (ακριβής περιγραφή και αριθμός έγκρισης της εγκατάστασης όπου πρόκειται να πραγματοποιηθεί η μεταποίηση) / Κανονισμός (ΕΚ) αριθ. 545/2007

—

:

in English

:

Licence valid in ... (issuing Member State) / Meat intended for processing ... [A-products] [B-products] (delete as appropriate) at ... (exact designation and approval No of the establishment where the processing is to take place) / Regulation (EC) No. 545/2007

—

:

in French

:

Certificat valable ... (État membre émetteur) / viande destinée à la transformation de ... [produits A] [produits B] (rayer la mention inutile) dans ... (désignation exacte et numéro d’agrément de l’établissement dans lequel la transformation doit avoir lieu) / règlement (CE) no 545/2007

—

:

in Italian

:

Titolo valido in ... (Stato membro di rilascio) / Carni destinate alla trasformazione ... [prodotti A] [prodotti B] (depennare la voce inutile) presso ... (esatta designazione e numero di riconoscimento dello stabilimento nel quale è prevista la trasformazione) / Regolamento (CE) n. 545/2007

—

:

in Latvian

:

Atļauja derīga ... (dalībvalsts, kas izsniedz ievešanas atļauju) / pārstrādei paredzēta gaļa ... [A produktu] [B produktu] ražošanai (nevajadzīgo nosvītrot) ... (precīzs tā uzņēmuma apzīmējums un apstiprinājuma numurs, kurā notiks pārstrāde) / Regula (EK) Nr. 545/2007

—

:

in Lithuanian

:

Licencija galioja ... (išdavusioji valstybė narė) / Mėsa skirta perdirbimui ... [produktai A] [produktai B] (ištrinti nereikalingą) ... (tikslus įmonės, kurioje bus perdirbama, pavadinimas ir registracijos Nr.) / Reglamentas (EB) Nr. 545/2007

—

:

in Hungarian

:

Az engedély ... (kibocsátó tagállam) területén érvényes. / Feldolgozásra szánt hús ... [A-termék] [B-termék] (a nem kívánt törlendő) ... (pontos rendeltetési hely és a feldolgozást végző létesítmény engedélyezési száma) 545/2007/EK rendelet

—

:

in Maltese

:

Liċenzja valida fi ... (Stat Membru tal-ħruġ) / Laħam maħsub għall- ipproċessar ... [Prodotti-A] [Prodotti-B] (ħassar skond kif ikun xieraq) fi ... (deżinjazzjoni eżatta u Nru. ta' l-istabbiliment fejn se jsir l-ipproċessar) / Ir-Regolament (KE) Nru 545/2007

—

:

in Dutch

:

Certificaat geldig in ... (lidstaat van afgifte) / Vlees bestemd voor verwerking tot [A-producten] [B-producten] (doorhalen wat niet van toepassing is) in ... (nauwkeurige aanduiding en toelatingsnummer van het bedrijf waar de verwerking zal plaatsvinden) / Verordening (EG) nr. 545/2007

—

:

in Polish

:

Pozwolenie ważne w ... (wystawiające Państwo Członkowskie) / Mięso przeznaczone do przetworzenia ... [produkty A] [produkty B] (niepotrzebne skreślić) w ... (dokładne miejsce przeznaczenia i nr zatwierdzenia zakładu, w któreym ma mieć miejsce przetwarzanie) / rozporządzenie (WE) nr 545/2007

—

:

in Portuguese

:

Certificado válido em ... (Estado-Membro emissor) / carne destinada à transformação ... [produtos A] [produtos B] (riscar o que não interessa) em ... (designação exacta e número de aprovação do estabelecimento em que a transformação será efectuada) / Regulamento (CE) n.o 545/2007

—

:

in Romanian

:

Licență valabilă în ... (statul membru emitent) / Carne destinată procesării ... [produse-A] [produse-B] (se șterge unde este cazul) la ... (desemnarea exactă și nr. de aprobare al stabilimentului unde va avea loc procesarea) / Regulamentul (CE) nr. 545/2007

—

:

in Slovak

:

Licencia platná v ... (vydávajúci členský štát) / Mäso určené na spracovanie ... [výrobky A] [výrobky B] (nehodiace sa prečiarknite) v ... (presné určenie a číslo schválenia zariadenia, v ktorom spracovanie prebehne) / nariadenie (ES) č. 545/2007

—

:

in Slovenian

:

Dovoljenje velja v ... (država članica, ki ga je izdala) / Meso namenjeno predelavi ... [proizvodi A] [proizvodi B] (črtaj neustrezno) v ... (točno namembno območje in št. odobritve obrata, kjer bo predelava potekala) / Uredba (ES) št. 545/2007

—

:

in Finnish

:

Todistus on voimassa ... (myöntäjäjäsenvaltio) / Liha on tarkoitettu [A-luokan tuotteet] [B-luokan tuotteet] (tarpeeton poistettava) jalostukseen ...:ssa (tarkka ilmoitus laitoksesta, jossa jalostus suoritetaan, hyväksyntänumero mukaan lukien) / Asetus (EY) N:o 545/2007

—

:

in Swedish

:

Licensen är giltig i ... (utfärdande medlemsstat) / Kött avsett för bearbetning ... [A-produkter] [B-produkter] (stryk det som inte gäller) vid ... (exakt angivelse av och godkännandenummer för anläggningen där bearbetningen skall ske) / Förordning (EG) nr 545/2007

---

ANNEX III

Amounts of security (1)

| (in EUR/1000 kg net) |
| --- |
| Product
  (CN code) | For manufacture of A products | For manufacture of B products |
| 0202 20 30 | 1 414 | 420 |
| 0202 30 10 | 2 211 | 657 |
| 0202 30 50 | 2 211 | 657 |
| 0202 30 90 | 3 041 | 903 |
| 0206 29 91 | 3 041 | 903 |

(in EUR/1000 kg net)

Product

(CN code)

For manufacture of A products

For manufacture of B products

0202 20 30

1 414

420

0202 30 10

2 211

657

0202 30 50

2 211

657

0202 30 90

3 041

903

0206 29 91

3 041

903

---

(1)  The exchange rate to be applied shall be the exchange rate on the day preceding the lodging of the security.

---

| 17.5.2007 | EN | Official Journal of the European Union | L 129/23 |
| --- | --- | --- | --- |

17.5.2007

EN

Official Journal of the European Union

L 129/23

---

COMMISSION REGULATION (EC) No 546/2007

of 16 May 2007

establishing a prohibition of fishing for herring in Baltic Sea subdivisions 25-27, 28.2, 29 and 32 by vessels flying the flag of Germany

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

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

Whereas:

| (1) | Council Regulation (EC) No 1941/2006 of 11 December 2006 fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2007 (3), lays down quotas for 2007. |
| --- | --- |

(1)

Council Regulation (EC) No 1941/2006 of 11 December 2006 fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2007 (3), lays down quotas for 2007.

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

(2)

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

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

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

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

Article 2

Prohibitions

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

Article 3

Entry into force

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

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

Done at Brussels, 16 May 2007.

For the Commission

Fokion FOTIADIS

Director-General for Fisheries and Maritime Affairs

---

(1)  OJ L 358, 31.12.2002, p. 59.

1

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

2

(3)  OJ L 367, 22.12.2006, p. 1.

3

---

ANNEX

| No | 09 |
| --- | --- |
| Member State | Germany |
| Stock | HER/3D-R31 |
| Species | Herring (Clupea harengus) |
| Zone | Baltic Sea — Subdivisions 25-27, 28.2, 29 and 32 |
| Date | 20 April 2007 |

No

09

Member State

Germany

Stock

HER/3D-R31

Species

Herring (Clupea harengus)

Zone

Baltic Sea — Subdivisions 25-27, 28.2, 29 and 32

Date

20 April 2007

---

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

DECISIONS

Council

| 17.5.2007 | EN | Official Journal of the European Union | L 129/25 |
| --- | --- | --- | --- |

17.5.2007

EN

Official Journal of the European Union

L 129/25

---

COUNCIL DECISION

of 19 April 2007

on the conclusion of the Agreement between the European Community and the Russian Federation on the facilitation of issuance of short-stay visas

(2007/340/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular points 2(b)(i) and (ii) of Article 62 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament,

Whereas:

| (1) | The Commission has negotiated on behalf of the European Community an Agreement with the Russian Federation on the facilitation of the issuance of visas to the citizens of the European Union and the Russian Federation. |
| --- | --- |

(1)

The Commission has negotiated on behalf of the European Community an Agreement with the Russian Federation on the facilitation of the issuance of visas to the citizens of the European Union and the Russian Federation.

| (2) | The Agreement was signed, on behalf of the European Community, on 25 May 2006 subject to its possible conclusion at a later date, in accordance with a Council Decision adopted on 22 May 2006. |
| --- | --- |

(2)

The Agreement was signed, on behalf of the European Community, on 25 May 2006 subject to its possible conclusion at a later date, in accordance with a Council Decision adopted on 22 May 2006.

| (3) | The Agreement should be approved. |
| --- | --- |

(3)

The Agreement should be approved.

| (4) | The Agreement establishes a Joint Committee for the management of the Agreement, which may adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Community position in this case. |
| --- | --- |

(4)

The Agreement establishes a Joint Committee for the management of the Agreement, which may adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Community position in this case.

| (5) | In accordance with the Protocol on the position of the United Kingdom and Ireland and the Protocol integrating the Schengen acquis into the framework of the European Union, the United Kingdom and Ireland do not take part in the adoption of this Decision and are therefore not bound by it or subject to its application. |
| --- | --- |

(5)

In accordance with the Protocol on the position of the United Kingdom and Ireland and the Protocol integrating the Schengen acquis into the framework of the European Union, the United Kingdom and Ireland do not take part in the adoption of this Decision and are therefore not bound by it or subject to its application.

| (6) | In accordance with the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is therefore not bound by it or subject to its application, |
| --- | --- |

(6)

In accordance with the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is therefore not bound by it or subject to its application,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the Russian Federation on the facilitation of the issuance of visas to the citizens of the European Union and the Russian Federation is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council shall give the notification provided for in Article 15(1) of the Agreement (1).

Article 3

The Commission, assisted by experts from Member States, shall represent the Community in the Joint Committee of experts established by Article 13 of the Agreement.

Article 4

The position of the Community within the Joint Committee of experts with regard to the adoption of its rules of procedure as required under Article 13(4) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.

Article 5

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

Done at Luxembourg, 19 April 2007.

For the Council

The President

B. ZYPRIES

---

(1)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

1

Official Journal of the European Union

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| 17.5.2007 | EN | Official Journal of the European Union | L 129/27 |
| --- | --- | --- | --- |

17.5.2007

EN

Official Journal of the European Union

L 129/27

---

AGREEMENT

between the European Community and the Russian Federation on the facilitation of the issuance of visas to the citizens of the European Union and the Russian Federation

THE PARTIES,

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,

and

THE RUSSIAN FEDERATION,

DESIRING to facilitate people-to-people contacts as an important condition for a steady development of economic, humanitarian, cultural, scientific and other ties, by facilitating the issuing of visas to the citizens of the European Union and the Russian Federation on the basis of reciprocity,

HAVING REGARD to the Joint Statement agreed on the occasion of the St Petersburg Summit held on 31 May 2003 stating that the European Union and the Russian Federation agree to examine the conditions for visa-free travel as a long term perspective,

REAFFIRMING the intention to establish the visa-free travel regime between the Russian Federation and the European Union,

BEARING IN MIND the Agreement on Partnership and Cooperation of 24 June 1994 establishing a Partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part,

HAVING REGARD to the Joint Statement on EU Enlargement and EU–Russia Relations agreed on 27 April 2004 confirming the intention of the European Union and the Russian Federation to facilitate visa issuance for the citizens of the European Union and the Russian Federation on a reciprocal basis and to launch negotiations with a view to concluding an agreement,

RECOGNISING that this facilitation should not lead to illegal migration and paying special attention to security and readmission,

TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom of Great Britain and Northern Ireland and Ireland and the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union of 7 February 1992 and the Treaty establishing the European Community of 25 March 1957 and confirming that the provisions of this Agreement do not apply to the United Kingdom of Great Britain and Northern Ireland and Ireland,

TAKING INTO ACCOUNT the Protocol on the position of Denmark annexed to the Treaty on European Union of 7 February 1992 and the Treaty establishing the European Community of 25 March 1957 and confirming that the provisions of this Agreement do not apply to the Kingdom of Denmark,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose and scope of application

The purpose of this Agreement is to facilitate, on the basis of reciprocity, the issuance of visas for an intended stay of no more than 90 days per period of 180 days to the citizens of the European Union and the Russian Federation.

Article 2

General Clause

1.   The visa facilitations provided in this Agreement shall apply to citizens of the European Union and of the Russian Federation only insofar as they are not exempted from the visa requirement by the laws and regulations of the Russian Federation, of the Community or the Member States, the present agreement or other international agreements.

2.   The national law of the Russian Federation, or of the Member States or Community law shall apply to issues not covered by the provisions of this Agreement, such as the refusal to issue a visa, recognition of travel documents, proof of sufficient means of subsistence and the refusal of entry and expulsion measures.

Article 3

Definitions

For the purpose of this Agreement:

| (a) | ‘Member State’ shall mean any Member State of the European Union, with the exception of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland; |
| --- | --- |

(a)

‘Member State’ shall mean any Member State of the European Union, with the exception of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland;

| (b) | ‘Citizen of the European Union’ shall mean a national of a Member State as defined in point (a); |
| --- | --- |

(b)

‘Citizen of the European Union’ shall mean a national of a Member State as defined in point (a);

| (c) | ‘Citizen of the Russian Federation’ shall mean a person who possesses or has acquired citizenship of the Russian Federation in accordance with its national legislation; |
| --- | --- |

(c)

‘Citizen of the Russian Federation’ shall mean a person who possesses or has acquired citizenship of the Russian Federation in accordance with its national legislation;

| (d) | ‘Visa’ shall mean an authorisation/permission issued or a decision taken by a Member State or by the Russian Federation which is required with a view to:






  — | entry for an intended stay of no more than 90 days in total in that Member State or in several Member States or in the Russian Federation, |
| --- | --- | --- |

(d)

‘Visa’ shall mean an authorisation/permission issued or a decision taken by a Member State or by the Russian Federation which is required with a view to:

—

entry for an intended stay of no more than 90 days in total in that Member State or in several Member States or in the Russian Federation,

| — | entry for transit through the territory of that Member State or several Member States or of the Russian Federation. |
| --- | --- |

—

entry for transit through the territory of that Member State or several Member States or of the Russian Federation.

| (e) | ‘legally residing person’ shall mean:






  — | for the Russian Federation, a citizen of the European Union who acquired a permission for temporary residing, a residence permit or an educational or working visa for a period of more than 90 days in the Russian Federation, |
| --- | --- | --- |

(e)

‘legally residing person’ shall mean:

—

for the Russian Federation, a citizen of the European Union who acquired a permission for temporary residing, a residence permit or an educational or working visa for a period of more than 90 days in the Russian Federation,

| — | for the European Union, a citizen of the Russian Federation authorised or entitled to stay for more than 90 days in the territory of a Member State, on the basis of Community or national legislation. |
| --- | --- |

—

for the European Union, a citizen of the Russian Federation authorised or entitled to stay for more than 90 days in the territory of a Member State, on the basis of Community or national legislation.

Article 4

Documentary evidence regarding the purpose of the journey

1.   For the following categories of citizens of the European Union and of the Russian Federation, the following documents are sufficient for justifying the purpose of the journey to the other Party:

| (a) | for members of official delegations who, following an official invitation addressed to the Member States, the European Union or the Russian Federation, shall participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Russian Federation or one of the Member States by intergovernmental organisations:






  — | a letter issued by a competent authority of a Member State or of the Russian Federation, or by a European institution confirming that the applicant is a member of its delegation travelling to the territory of the other Party to participate in the aforementioned events, accompanied by a copy of the official invitation; |
| --- | --- | --- |

(a)

for members of official delegations who, following an official invitation addressed to the Member States, the European Union or the Russian Federation, shall participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Russian Federation or one of the Member States by intergovernmental organisations:

—

a letter issued by a competent authority of a Member State or of the Russian Federation, or by a European institution confirming that the applicant is a member of its delegation travelling to the territory of the other Party to participate in the aforementioned events, accompanied by a copy of the official invitation;

| (b) | for business people and representatives of business organisations:






  — | a written request from a host legal person or company, organisation, or an office or their branches, state and local authorities of the Russian Federation and the Member States or organising committees of trade and industrial exhibitions, conferences and symposia held in the territories of the Russian Federation or one of the Member States; |
| --- | --- | --- |

(b)

for business people and representatives of business organisations:

—

a written request from a host legal person or company, organisation, or an office or their branches, state and local authorities of the Russian Federation and the Member States or organising committees of trade and industrial exhibitions, conferences and symposia held in the territories of the Russian Federation or one of the Member States;

| (c) | for drivers conducting international cargo and passenger transportation services between the territories of the Russian Federation and the Member States in vehicles registered in the Member States or in the Russian Federation:






  — | a written request from the national association (union) of carriers of the Russian Federation or the national associations of carriers of the Member States providing for international road transportation, stating the purpose, duration and frequency of the trips; |
| --- | --- | --- |

(c)

for drivers conducting international cargo and passenger transportation services between the territories of the Russian Federation and the Member States in vehicles registered in the Member States or in the Russian Federation:

—

a written request from the national association (union) of carriers of the Russian Federation or the national associations of carriers of the Member States providing for international road transportation, stating the purpose, duration and frequency of the trips;

| (d) | for members of train, refrigerator and locomotive crews in international trains, travelling between the territories of the Member States and the Russian Federation:






  — | a written request from the competent railway company of the Russian Federation or the Member States stating the purpose, duration and frequency of the trips; |
| --- | --- | --- |

(d)

for members of train, refrigerator and locomotive crews in international trains, travelling between the territories of the Member States and the Russian Federation:

—

a written request from the competent railway company of the Russian Federation or the Member States stating the purpose, duration and frequency of the trips;

| (e) | for journalists:






  — | a certificate or other document issued by a professional organisation proving that the person concerned is a qualified journalist and a document issued by his/her employer stating that the purpose of the journey is to carry out journalistic work; |
| --- | --- | --- |

(e)

for journalists:

—

a certificate or other document issued by a professional organisation proving that the person concerned is a qualified journalist and a document issued by his/her employer stating that the purpose of the journey is to carry out journalistic work;

| (f) | for persons participating in scientific, cultural and artistic activities, including university and other exchange programmes:






  — | a written request from the host organisation to participate in those activities; |
| --- | --- | --- |

(f)

for persons participating in scientific, cultural and artistic activities, including university and other exchange programmes:

—

a written request from the host organisation to participate in those activities;

| (g) | for pupils, students, post-graduate students and accompanying teachers who undertake trips for the purposes of study or educational training, including in the framework of exchange programmes as well as other school related activities:






  — | a written request or a certificate of enrolment from the host university, academy, institute, college or school or student cards or certificates of the courses to be attended; |
| --- | --- | --- |

(g)

for pupils, students, post-graduate students and accompanying teachers who undertake trips for the purposes of study or educational training, including in the framework of exchange programmes as well as other school related activities:

—

a written request or a certificate of enrolment from the host university, academy, institute, college or school or student cards or certificates of the courses to be attended;

| (h) | for participants in international sports events and persons accompanying them in a professional capacity:






  — | a written request from the host organisation: competent authorities, national sport Federations of the Member States or the Russian Federation and National Olympic Committee of the Russian Federation or National Olympic Committees of the Member States; |
| --- | --- | --- |

(h)

for participants in international sports events and persons accompanying them in a professional capacity:

—

a written request from the host organisation: competent authorities, national sport Federations of the Member States or the Russian Federation and National Olympic Committee of the Russian Federation or National Olympic Committees of the Member States;

| (i) | for participants in official exchange programmes organised by twin cities:






  — | a written request of the head of administration/mayor of these cities; |
| --- | --- | --- |

(i)

for participants in official exchange programmes organised by twin cities:

—

a written request of the head of administration/mayor of these cities;

| (j) | for close relatives — spouses, children (including adopted), parents (including custodians), grandparents and grandchildren — visiting citizens of the European Union or the Russian Federation legally residing in the territory of the Russian Federation or the Member States:






  — | a written request from the host person; |
| --- | --- | --- |

(j)

for close relatives — spouses, children (including adopted), parents (including custodians), grandparents and grandchildren — visiting citizens of the European Union or the Russian Federation legally residing in the territory of the Russian Federation or the Member States:

—

a written request from the host person;

| (k) | for visiting military and civil burial grounds:






  — | an official document confirming the existence and preservation of the grave as well as family or other relationship between the applicant and the buried. |
| --- | --- | --- |

(k)

for visiting military and civil burial grounds:

—

an official document confirming the existence and preservation of the grave as well as family or other relationship between the applicant and the buried.

2.   The written request mentioned in paragraph 1 of this Article shall contain the following items:

| (a) | for the invited person — name and surname, date of birth, sex, citizenship, number of the identity document, time and purpose of the journey, number of entries and name of minor children accompanying the invited person; |
| --- | --- |

(a)

for the invited person — name and surname, date of birth, sex, citizenship, number of the identity document, time and purpose of the journey, number of entries and name of minor children accompanying the invited person;

| (b) | for the inviting person — name, surname and address; or |
| --- | --- |

(b)

for the inviting person — name, surname and address; or

| (c) | for the inviting legal person, company or organisation — full name and address: and






  — | if the request is issued by an organisation, the name and position of the person who signs the request, |
| --- | --- | --- |

(c)

for the inviting legal person, company or organisation — full name and address: and

—

if the request is issued by an organisation, the name and position of the person who signs the request,

| — | if the inviting person is a legal person or company or an office or their branch established in the territory of a Member State, the registration number as required by the national law of the Member State concerned, |
| --- | --- |

—

if the inviting person is a legal person or company or an office or their branch established in the territory of a Member State, the registration number as required by the national law of the Member State concerned,

| — | if the inviting person is a legal person or company or an office or their branch established in the territory of the Russian Federation, the tax identification number. |
| --- | --- |

—

if the inviting person is a legal person or company or an office or their branch established in the territory of the Russian Federation, the tax identification number.

3.   For the categories of citizens mentioned in paragraph 1 of this Article, all categories of visas are issued according to the simplified procedure without requiring any other justification, invitation or validation concerning the purpose of the journey, provided for by the legislation of the Parties.

Article 5

Issuance of multiple-entry visas

1.   Diplomatic missions and consular posts of the Member States and of the Russian Federation shall issue multiple-entry visas with the term of validity of up to five years to the following categories of citizens:

| (a) | members of national and regional Governments and Parliaments, Constitutional Courts and Supreme Courts, if they are not exempted from the visa requirement by the present Agreement, in the exercise of their duties, with a term of validity limited to their term of office if this is less than five years; |
| --- | --- |

(a)

members of national and regional Governments and Parliaments, Constitutional Courts and Supreme Courts, if they are not exempted from the visa requirement by the present Agreement, in the exercise of their duties, with a term of validity limited to their term of office if this is less than five years;

| (b) | spouses and children (including adopted), who are under the age of 21 or are dependant, visiting citizens of the European Union and the Russian Federation legally residing in the territory of the Russian Federation or the Member States, with the term of validity limited to the duration of the validity of their authorisation for legal residence. |
| --- | --- |

(b)

spouses and children (including adopted), who are under the age of 21 or are dependant, visiting citizens of the European Union and the Russian Federation legally residing in the territory of the Russian Federation or the Member States, with the term of validity limited to the duration of the validity of their authorisation for legal residence.

2.   Diplomatic missions and consular posts of the Member States and of the Russian Federation shall issue multiple-entry visas with the term of validity of up to one year to the following categories of citizens, provided that during the previous year they have obtained at least one visa, have made use of it in accordance with the laws on entry and stay in the territory of the visited State and that there are reasons for requesting a multiple-entry visa:

| (a) | for members of official delegations who, following an official invitation addressed to the Member States, the European Union or the Russian Federation, shall participate in official meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Russian Federation or one of the Member States by intergovernmental organisations; |
| --- | --- |

(a)

for members of official delegations who, following an official invitation addressed to the Member States, the European Union or the Russian Federation, shall participate in official meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Russian Federation or one of the Member States by intergovernmental organisations;

| (b) | business people and representatives of business organisations who regularly travel to the Russian Federation or the Member States; |
| --- | --- |

(b)

business people and representatives of business organisations who regularly travel to the Russian Federation or the Member States;

| (c) | drivers conducting international cargo and passenger transportation services between the territories of the Russian Federation and the Member States in vehicles registered in the Member States or the Russian Federation; |
| --- | --- |

(c)

drivers conducting international cargo and passenger transportation services between the territories of the Russian Federation and the Member States in vehicles registered in the Member States or the Russian Federation;

| (d) | members of train, refrigerator and locomotive crews in international trains, travelling between the territories of the Russian Federation and the Member States; |
| --- | --- |

(d)

members of train, refrigerator and locomotive crews in international trains, travelling between the territories of the Russian Federation and the Member States;

| (e) | persons participating in scientific, cultural and artistic activities, including university and other exchange programmes, who regularly travel to the Russian Federation or the Member States; |
| --- | --- |

(e)

persons participating in scientific, cultural and artistic activities, including university and other exchange programmes, who regularly travel to the Russian Federation or the Member States;

| (f) | participants in international sports events and persons accompanying them in a professional capacity; |
| --- | --- |

(f)

participants in international sports events and persons accompanying them in a professional capacity;

| (g) | journalists; |
| --- | --- |

(g)

journalists;

| (h) | participants in official exchange programmes organised by twin cities. |
| --- | --- |

(h)

participants in official exchange programmes organised by twin cities.

3.   Diplomatic missions and consular posts of the Member States and of the Russian Federation shall issue multiple-entry visas with the term of validity of a minimum of two years and a maximum of five years to the categories of citizens referred to in paragraph 2 of this Article, provided that during the previous two years they have made use of the one year multiple-entry visas in accordance with the laws on entry and stay in the territory of the visited State and that the reasons for requesting a multiple-entry visa are still valid.

4.   The total period of stay of persons referred to in paragraphs 1 to 3 of this Article shall not exceed 90 days per period of 180 days in the territory of the Member States or in the Russian Federation.

Article 6

Fees for processing visa applications

1.   The fee for processing visa applications shall amount to EUR 35.

The aforementioned amount may be reviewed in accordance with the procedure provided for in Article 15(4).

2.   The Parties shall charge a fee of EUR 70 for processing visas in cases where the visa application and the supporting documents have been submitted by the visa applicant within three days before his/her envisaged date of departure. This will not apply to cases pursuant to Article 6(3), (b), (e) and (f) and Article 7(3).

3.   Fees for processing the visa application are waived for the following categories of persons:

| (a) | for close relatives — spouses, children (including adopted) parents (including custodians), grandparents and grandchildren — of citizens of the European Union and of the Russian Federation legally residing in the territory of the Russian Federation or the Member States; |
| --- | --- |

(a)

for close relatives — spouses, children (including adopted) parents (including custodians), grandparents and grandchildren — of citizens of the European Union and of the Russian Federation legally residing in the territory of the Russian Federation or the Member States;

| (b) | for members of official delegations who, following an official invitation addressed to the Member States, the European Union or the Russian Federation, shall participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Russian Federation or one of the Member States by intergovernmental organisations; |
| --- | --- |

(b)

for members of official delegations who, following an official invitation addressed to the Member States, the European Union or the Russian Federation, shall participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Russian Federation or one of the Member States by intergovernmental organisations;

| (c) | members of national and regional Governments and Parliaments, Constitutional Courts and Supreme Courts, if they are not exempted from the visa requirement by the present Agreement; |
| --- | --- |

(c)

members of national and regional Governments and Parliaments, Constitutional Courts and Supreme Courts, if they are not exempted from the visa requirement by the present Agreement;

| (d) | pupils, students, post-graduate students and accompanying teachers who undertake trips for the purpose of study or educational training; |
| --- | --- |

(d)

pupils, students, post-graduate students and accompanying teachers who undertake trips for the purpose of study or educational training;

| (e) | disabled persons and the person accompanying them, if necessary; |
| --- | --- |

(e)

disabled persons and the person accompanying them, if necessary;

| (f) | persons who have presented documents proving the necessity of their travel on humanitarian grounds, including to receive urgent medical treatment and the person accompanying such person, or to attend a funeral of a close relative, or to visit a seriously ill close relative; |
| --- | --- |

(f)

persons who have presented documents proving the necessity of their travel on humanitarian grounds, including to receive urgent medical treatment and the person accompanying such person, or to attend a funeral of a close relative, or to visit a seriously ill close relative;

| (g) | participants in youth international sports events and persons accompanying them; |
| --- | --- |

(g)

participants in youth international sports events and persons accompanying them;

| (h) | persons participating in scientific, cultural and artistic activities including university and other exchange programmes; |
| --- | --- |

(h)

persons participating in scientific, cultural and artistic activities including university and other exchange programmes;

| (i) | participants in official exchange programmes organised by twin cities. |
| --- | --- |

(i)

participants in official exchange programmes organised by twin cities.

Article 7

Length of procedures for processing visa applications

1.   Diplomatic missions and consular posts of the Member States and the Russian Federation shall take a decision on the request to issue a visa within 10 calendar days of the date of the receipt of the application and documents required for issuing the visa.

2.   The period of time for taking a decision on a visa application may be extended up to 30 calendar days in individual cases, notably when further scrutiny of the application is needed.

3.   The period of time for taking a decision on a visa application may be reduced to three working days or less in urgent cases.

Article 8

Departure in case of lost or stolen documents

Citizens of the European Union and of the Russian Federation who have lost their identity documents, or from whom these documents have been stolen while staying in the territory of the Russian Federation or the Member States, may leave that territory on the grounds of valid identity documents entitling to cross the border issued by diplomatic missions or consular posts of the Member States or of the Russian Federation without any visa or other authorisation.

Article 9

Extension of visa in exceptional circumstances

The citizens of the European Union and of the Russian Federation who do not have the possibility to leave the territory of the Russian Federation and of the Member States by the time stated in their visas for reasons of force majeure shall have the term of their visas extended free of charge in accordance with the legislation applied by the receiving State for the period required for their return to the State of their residence.

Article 10

Registration procedures

The Parties agree to undertake measures as soon as possible to simplify the procedures of registration, with the view to entitle the citizens of the Russian Federation and citizens of the European Union to the equal treatment regarding registration procedures while staying in the territory of the Russian Federation or of the Member States, respectively.

Article 11

Diplomatic passports

1.   Citizens of the Russian Federation or the Member States, holders of valid diplomatic passports may enter, leave and transit through the territories of the Member States or the Russian Federation without visas.

2.   Citizens mentioned in paragraph 1 of this Article may stay in the territories of the Russian Federation or the Member States for a period not exceeding 90 days per period of 180 days.

Article 12

Territorial validity of visas

Subject to the national rules and regulations concerning national security of the Russian Federation and of the Member States and subject to EU rules on visas with limited territorial validity, the citizens of the Russian Federation and of the European Union shall be entitled to travel within the territory of the Member States and of the Russian Federation on equal basis with European Union and Russian citizens.

Article 13

Joint Committee for management of the Agreement

1.   The Parties shall set up a Joint Committee for management of the Agreement (hereinafter referred to as ‘the Committee’), composed by representatives of the European Community and of the Russian Federation. The Community shall be represented by the European Commission, assisted by experts from the Member States.

2.   The Committee shall, in particular, have the following tasks:

| (a) | monitoring the implementation of the present Agreement; |
| --- | --- |

(a)

monitoring the implementation of the present Agreement;

| (b) | suggesting amendments or additions to the present Agreement; |
| --- | --- |

(b)

suggesting amendments or additions to the present Agreement;

| (c) | to examine and, if deemed necessary, propose amendments to this agreement in case of new accessions to the European Union. |
| --- | --- |

(c)

to examine and, if deemed necessary, propose amendments to this agreement in case of new accessions to the European Union.

3.   The Committee shall meet whenever necessary at the request of one of the Parties and at least once a year.

4.   The Committee shall establish its rules of procedure.

Article 14

Relation of this Agreement with Agreements between Member States and the Russian Federation

As from its entry into force, this Agreement shall take precedence over provisions of any bilateral or multilateral agreements or arrangements concluded between Member States and the Russian Federation, insofar as the provisions of the latter agreements or arrangements cover issues that are dealt with by the present Agreement.

Article 15

Final clauses

1.   This Agreement shall be ratified or approved by the Parties in accordance with their respective procedures and shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to above have been completed.

2.   By way of derogation to paragraph 1 of this Article, the present Agreement shall only enter into force at the date of the entry into force of the agreement between the Russian Federation and the European Community on readmission if this date is after the date provided for in paragraph 1 of this Article.

3.   This Agreement is concluded for an indefinite period of time, unless terminated in accordance with paragraph 6 of this Article.

4.   This Agreement may be amended by written agreement of the Parties. Amendments shall enter into force after the Parties have notified each other of the completion of their internal procedures necessary for this purpose.

5.   Each Party may suspend in whole or in part this Agreement for reasons of public order, protection of national security or protection of public health. The decision on suspension shall be notified to the other Party not later than 48 hours before its entry into force. The Party that has suspended the application of this Agreement shall immediately inform the other Party once the reasons for the suspension no longer apply.

6.   Each Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days after the date of receipt of such notification.

Done at Sochi on the twenty fifth day of May in the year two thousand and six, in duplicate each in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish and Russian languages, each of these texts being equally authentic.

Hecho en Sochi, el veinticinco de mayo del dos mil seis.

V Soči dne dvacátého pátého května dva tisíce šest.

Udfærdiget i Sotji den femogtyvende maj to tusind og seks.

Geschehen zu Sotschi am fünfundzwanzigsten Mai zweitausendsechs.

Kahe tuhande kuuenda aasta maikuu kahekümne viiendal päeval Sotšis.

'Εγινε στο Σότσι, στις είκοσι πέντε Μαΐου δύο χιλιάδες έξι.

Done at Sochi on the twenty fifth day of May in the year two thousand and six.

Fait à Sotchi, le vingt cinq mai deux mille six.

Fatto a Soci, addì venticinque maggio duemilasei.

Sočos, divtūkstoš sestā gada divdesmit piektajā maijā.

Priimta du tūkstančiai šeštų metų gegužės dvidešimt penktą dieną Sočyje.

Kelt Szocsiban, a kettőezer hatodik év május huszonötödik napján.

Magħmul f'Sochi, fil-ħamsa u għoxrin jum ta' Mejju tas-sena elfejn u sitta.

Gedaan te Sotsji, de vijfentwintigste mei tweeduizend zes.

Sporządzono w Soczi dnia dwudziestego piątego maja roku dwutysięcznego szóstego.

Feito em Sotchi, em vinte e cinco de Maio de dois mil e seis.

V Soči dňa dvadsiateho piateho mája dvetisícšesť.

V Soči, petindvajsetega maja leta dva tisoč šest.

Tehty Sotšissa kahdentenakymmenentenäviidentenä päivänä toukokuuta vuonna kaksituhattakuusi.

Som skedde i Sotji den tjugofemte maj tjugohundrasex.

Adoptată la Sochi, la douăzeci și cinci mai două mii șase.

Совершено в г. Сочи двадцать пятого мая две тысячи шестого года.

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

Az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Pentru Comunitatea Europeană

За Европейское сообщество

Image 2

Por la Federación de Rusia

Za Ruskou federaci

For Den Russiske Føderation

Für die Russische Föderation

Venemaa Föderatsiooni nimel

Για τη Ρωσική Ομοσπονδία

For the Russian Federation

Pour la Fédération de Russie

Per la Federazione russa

Krievijas Federācijas vārdā

Rusijos Federacijos vardu

Az Orosz Föderáció részéről

Għall-Federazzjoni Russa

Voor de Russische Federatie

W imieniu Federacji Rosyjskiej

Pela Federação da Rússia

Za Ruskú federáciu

Za Rusko federacijo

Venäjän federaation puolesta

På ryska federationen vägnar

Pentru Federația Rusă

За Российскую Федерацию

Image 3

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| 17.5.2007 | EN | Official Journal of the European Union | L 129/35 |
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17.5.2007

EN

Official Journal of the European Union

L 129/35

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PROTOCOL

to the Agreement on the Member States that do not fully apply the Schengen acquis

Those Member States which are bound by the Schengen acquis but which do not yet issue Schengen visas, while awaiting the relevant decision of the Council to that end, shall issue national visas the validity of which is limited to their own territory.

The European Community will undertake as soon as possible measures to simplify the transit of holders of Schengen visa or Schengen residence permits through the territory of the Member States that do not fully apply the Schengen acquis yet.

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Joint Declaration on Article 6(2) of the Agreement on fees for processing visa applications

The Parties shall examine the implementation of Article 6(2) of the Agreement in the framework of the Committee set up by the Agreement.

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Joint Declaration on Article 11 of the Agreement on diplomatic passports

Each Party may invoke a partial suspension of the Agreement and in particular of Article 11, in accordance with the procedure set up by Article 15(5) of this Agreement, if the implementation of Article 11 is abused by the other Party or leads to a threat to public security.

If the implementation of Article 11 is suspended, both Parties shall initiate consultations in the framework of the Committee set up by the Agreement with a view to solving the problems that lead to the suspension.

As a priority, both Parties declare their commitment to ensure a high level of document security for diplomatic passports, in particular by integrating biometric identifiers. For the European Union side, this will be ensured in compliance with the requirements set out in Regulation (EC) No 2252/2004.

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Joint Declaration on issuance of short-stay visas for visits to military and civil burial grounds

The Parties agree that, as a rule, short-stay visas for persons visiting military and civil burial grounds shall be issued for a period of up to 14 days.

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Joint Declaration on the harmonisation of information on procedures for issuing short stay visa and documents to be submitted when applying for short stay visas

Recognising the importance of transparency for visa applicants, the Parties to the present Agreement consider that appropriate measures should be taken:

| — | in general, to draw up basic information for applicants on the procedures and conditions for applying for visas, the visas and on the validity of visas issued, |
| --- | --- |

—

in general, to draw up basic information for applicants on the procedures and conditions for applying for visas, the visas and on the validity of visas issued,

| — | each Party, on its own, to draw up a list of minimum requirements in order to ensure that applicants are given coherent and uniform basic information and are required to submit, in principle, the same supporting documents. |
| --- | --- |

—

each Party, on its own, to draw up a list of minimum requirements in order to ensure that applicants are given coherent and uniform basic information and are required to submit, in principle, the same supporting documents.

The information mentioned above is to be disseminated widely (on the information board of consulates, in leaflets, on websites in the Internet etc.).

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Joint Declaration concerning the Kingdom of Denmark

The Parties take note that the present Agreement does not apply to the procedures for issuing visas by the diplomatic missions and consular posts of the Kingdom of Denmark.

In such circumstances, it is desirable that the authorities of the Kingdom of Denmark and of the Russian Federation conclude, without delay, a bilateral agreement on the facilitation of the issuance of short-stay visas in similar terms as the Agreement between the European Community and the Russian Federation.

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Joint Declaration concerning the United Kingdom of Great Britain and Northern Ireland and Ireland

The Parties take note that the present Agreement does not apply to the territory of the United Kingdom of Great Britain and Northern Ireland and Ireland.

In such circumstances, it is desirable that the authorities of the United Kingdom of Great Britain and Northern Ireland, Ireland and the Russian Federation, conclude bilateral agreements on the facilitation of the issuance of visas.

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Joint Declaration concerning the Republic of Iceland and the Kingdom of Norway

The Parties take note of the close relationship between the European Community and the Republic of Iceland and the Kingdom of Norway, particularly by virtue of the Agreement of 18 May 1999 concerning the association of these countries with the implementation, application and development of the Schengen acquis.

In such circumstances, it is desirable that the authorities of the Republic of Iceland, the Kingdom of Norway and the Russian Federation conclude, without delay, bilateral agreements on the facilitation of the issuance of short-stay visas in similar terms as this Agreement.

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| 17.5.2007 | EN | Official Journal of the European Union | L 129/38 |
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17.5.2007

EN

Official Journal of the European Union

L 129/38

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COUNCIL DECISION

of 19 April 2007

on the conclusion of the Agreement between the European Community and the Russian Federation on readmission

(2007/341/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular point 3(b) of Article 63 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

| (1) | The Commission has negotiated on behalf of the European Community an Agreement with the Russian Federation on readmission. |
| --- | --- |

(1)

The Commission has negotiated on behalf of the European Community an Agreement with the Russian Federation on readmission.

| (2) | The Agreement was signed, on behalf of the European Community, on 25 May 2006 subject to its possible conclusion at a later date, in accordance with a Council Decision adopted on 22 May 2006. |
| --- | --- |

(2)

The Agreement was signed, on behalf of the European Community, on 25 May 2006 subject to its possible conclusion at a later date, in accordance with a Council Decision adopted on 22 May 2006.

| (3) | The Agreement should be approved. |
| --- | --- |

(3)

The Agreement should be approved.

| (4) | The Agreement establishes a Joint Readmission Committee which may adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Community position in this case. |
| --- | --- |

(4)

The Agreement establishes a Joint Readmission Committee which may adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Community position in this case.

| (5) | In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified its wish to take part in the adoption and application of this Decision. |
| --- | --- |

(5)

In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified its wish to take part in the adoption and application of this Decision.

| (6) | In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by nor subject to its application. |
| --- | --- |

(6)

In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by nor subject to its application.

| (7) | In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application, |
| --- | --- |

(7)

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the Russian Federation on readmission is hereby approved on behalf of the Community.

The text of the agreement is attached to this Decision.

Article 2

The President of the Council shall give the notification provided for in Article 23(2) of the Agreement (1).

Article 3

The Commission, assisted by experts from Member States, shall represent the Community in the Joint Readmission Committee established by Article 19 of the Agreement.

Article 4

The position of the Community within the Joint Readmission Committee with regard to the adoption of its rules of procedure as required under Article 19(5) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.

Article 5

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

Done at Luxembourg, 19 April 2007.

For the Council

The President

B. ZYPRIES

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(1)  The date of entry into force of the Readmission Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

1

Official Journal of the European Union

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| 17.5.2007 | EN | Official Journal of the European Union | L 129/40 |
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17.5.2007

EN

Official Journal of the European Union

L 129/40

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AGREEMENT

between the European Community and the Russian Federation on readmission

THE PARTIES,

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,

and

THE RUSSIAN FEDERATION

DETERMINED to strengthen their co-operation in order to combat illegal immigration more effectively,

REFERRING to the Agreement on Partnership and Co-operation between the Community and its Member States, on the one part, and the Russian Federation, on the other part, concluded in Corfu on 24 June 1994, and in particular Article 84 and the joint declaration in relation to Articles 26, 32 and 37 in the Final Act thereof,

HAVING REGARD to the Joint Statement agreed on the occasion of the St. Petersburg Summit held on 31 May 2003 stating that the European Union and the Russian Federation agree to conclude timely the negotiations on a readmission agreement,

DESIRING to establish, by means of this Agreement and on the basis of reciprocity, rapid and effective procedures for the identification and return of persons who do not, or no longer, fulfil the conditions for entry to, presence in, or residence on the territories of the Russian Federation or one of the Member States of the European Union, and to facilitate the transit of such persons in a spirit of co-operation,

EMPHASIZING that this Agreement shall be without prejudice to the rights, obligations and responsibilities of the Community, the Member States of the European Union and the Russian Federation arising from International Law including International Human Rights law rules, as confirmed, in particular, by the Universal Declaration of Human Rights of 10 December 1948, the International Covenant on Civil and Political Rights of 16 December 1966, the Convention relating to the Status of Refugees of 28 July 1951 and the Protocol relating to the Status of Refugees of 31 January 1967, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 and Protocol No 4 thereto of 16 September 1963, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984,

TAKING ACCOUNT of the Protocol on the position of Denmark annexed to the Treaty on the European Union of 7 February 1992 and the Treaty establishing the European Community of 25 March 1957 and confirming that the provisions of this agreement do not apply to the Kingdom of Denmark,

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

For the purpose of this Agreement:

| (a) | ‘Readmission’ shall mean the transfer by the requesting State and admission by the requested State of persons (own nationals of the requested State, third-country nationals or stateless persons) who have been found illegally entering to, being present in or residing in the requesting State, in accordance with the provisions of this Agreement; |
| --- | --- |

(a)

‘Readmission’ shall mean the transfer by the requesting State and admission by the requested State of persons (own nationals of the requested State, third-country nationals or stateless persons) who have been found illegally entering to, being present in or residing in the requesting State, in accordance with the provisions of this Agreement;

| (b) | ‘Member State’ shall mean any Member State of the European Union with the exception of the Kingdom of Denmark; |
| --- | --- |

(b)

‘Member State’ shall mean any Member State of the European Union with the exception of the Kingdom of Denmark;

| (c) | ‘National of a Member State’ shall mean any person who holds the nationality, as defined for Community purposes, of a Member State; |
| --- | --- |

(c)

‘National of a Member State’ shall mean any person who holds the nationality, as defined for Community purposes, of a Member State;

| (d) | ‘National of the Russian Federation’ or ‘Russian National’ shall mean any person who holds the nationality of the Russian Federation in accordance with its legislation; |
| --- | --- |

(d)

‘National of the Russian Federation’ or ‘Russian National’ shall mean any person who holds the nationality of the Russian Federation in accordance with its legislation;

| (e) | ‘Third-country national’ shall mean any person holding a nationality other than that of the Russian Federation or one of the Member States; |
| --- | --- |

(e)

‘Third-country national’ shall mean any person holding a nationality other than that of the Russian Federation or one of the Member States;

| (f) | ‘Stateless person’ shall mean any person who does not hold the nationality of the Russian Federation or one of the Member States, and who has no evidence of holding the nationality of any other State; |
| --- | --- |

(f)

‘Stateless person’ shall mean any person who does not hold the nationality of the Russian Federation or one of the Member States, and who has no evidence of holding the nationality of any other State;

| (g) | ‘Residence authorisation’ shall mean an official permit of any type issued by the Russian Federation or one of the Member States entitling a person to reside on the territory of the Russian Federation or one of the Member States. This shall not include temporary permissions to remain on the territory of the said States in connection with the processing of an asylum application or an application for a residence authorisation; |
| --- | --- |

(g)

‘Residence authorisation’ shall mean an official permit of any type issued by the Russian Federation or one of the Member States entitling a person to reside on the territory of the Russian Federation or one of the Member States. This shall not include temporary permissions to remain on the territory of the said States in connection with the processing of an asylum application or an application for a residence authorisation;

| (h) | ‘Visa’ shall mean an authorisation issued or a decision taken by the Russian Federation or one of the Member States, which is required with a view to entry in, or transit through, the territory of the Russian Federation or one of the Member States. This shall not include the specific category of airport transit visa; |
| --- | --- |

(h)

‘Visa’ shall mean an authorisation issued or a decision taken by the Russian Federation or one of the Member States, which is required with a view to entry in, or transit through, the territory of the Russian Federation or one of the Member States. This shall not include the specific category of airport transit visa;

| (i) | ‘Requesting State’ shall mean the State (Russian Federation or one of the Member States) submitting a readmission application pursuant to section III or a transit application pursuant to section IV of this Agreement; |
| --- | --- |

(i)

‘Requesting State’ shall mean the State (Russian Federation or one of the Member States) submitting a readmission application pursuant to section III or a transit application pursuant to section IV of this Agreement;

| (j) | ‘Requested State’ shall mean the State (Russian Federation or one of the Member States) to which a readmission application pursuant to section III or a transit application pursuant to section IV of this Agreement is addressed; |
| --- | --- |

(j)

‘Requested State’ shall mean the State (Russian Federation or one of the Member States) to which a readmission application pursuant to section III or a transit application pursuant to section IV of this Agreement is addressed;

| (k) | ‘Competent Authority’ shall mean any national authority of the Russian Federation or one of the Member States entrusted with the implementation of this Agreement, as designated in the bilateral implementing Protocol concluded between the Russian Federation and individual Member States in accordance with Article 20(1) lit. a) of this Agreement; |
| --- | --- |

(k)

‘Competent Authority’ shall mean any national authority of the Russian Federation or one of the Member States entrusted with the implementation of this Agreement, as designated in the bilateral implementing Protocol concluded between the Russian Federation and individual Member States in accordance with Article 20(1) lit. a) of this Agreement;

| (l) | ‘Border region’ shall mean an area which extends up to 30 kilometres from the common land border between a Member State and the Russian Federation, as well as the territories of seaports including custom zones, and International airports of the Member States and the Russian Federation; |
| --- | --- |

(l)

‘Border region’ shall mean an area which extends up to 30 kilometres from the common land border between a Member State and the Russian Federation, as well as the territories of seaports including custom zones, and International airports of the Member States and the Russian Federation;

| (m) | ‘Border crossing point’ shall mean any crossing-point authorised by the Member States or the Russian Federation for the crossing of their respective land and sea borders, including at International airports and seaports; |
| --- | --- |

(m)

‘Border crossing point’ shall mean any crossing-point authorised by the Member States or the Russian Federation for the crossing of their respective land and sea borders, including at International airports and seaports;

| (n) | ‘Transit’ shall mean the passage of a third country national or a stateless person through the territory of the requested State while travelling from the requesting State to the country of destination. |
| --- | --- |

(n)

‘Transit’ shall mean the passage of a third country national or a stateless person through the territory of the requested State while travelling from the requesting State to the country of destination.

SECTION I

READMISSION OBLIGATIONS BY THE RUSSIAN FEDERATION

Article 2

Readmission of Russian nationals

1.   The Russian Federation shall admit, upon application by a Member State and in accordance with the procedure provided for in this Agreement, any person who does not, or no longer, fulfil the conditions in force for entry to, presence in, or residence on the territory of the requesting Member State provided it is established, in accordance with Article 9 of this Agreement, that such person is a national of the Russian Federation.

The same shall apply to illegally present or residing persons who possessed the nationality of the Russian Federation at the time of entering the territory of a Member State but subsequently renounced the nationality of the Russian Federation in accordance with the national laws of the latter, without acquiring the nationality or a residence authorisation of that Member State or any other State.

2.   After the Russian Federation has given a positive reply to the readmission application, the competent diplomatic mission or consular office of the Russian Federation shall irrespective of the will of the person to be readmitted, as necessary and without delay, issue a travel document required for the return of the person to be readmitted with a period of validity of 30 calendar days. If, for any reason, the person concerned cannot be transferred within the period of validity of that travel document, the competent diplomatic mission or consular office of the Russian Federation shall issue a new travel document with a period of validity of the same duration without delay.

Article 3

Readmission of third-country nationals and stateless persons

1.   The Russian Federation shall admit, upon application by a Member State and in accordance with the procedure provided for in this Agreement, any third-country national or stateless person who does not, or no longer, fulfil the conditions in force for entry to, presence in, or residence on the territory of the requesting Member State provided that evidence can be furnished, in accordance with Article 10 of this Agreement, that such person:

| (a) | holds, at the time of submission of the readmission application, a valid visa issued by the Russian Federation entering the territory of a Member State directly from the territory of the former; or |
| --- | --- |

(a)

holds, at the time of submission of the readmission application, a valid visa issued by the Russian Federation entering the territory of a Member State directly from the territory of the former; or

| (b) | holds, at the time of submission of the readmission application, a valid residence authorisation issued by the Russian Federation; or |
| --- | --- |

(b)

holds, at the time of submission of the readmission application, a valid residence authorisation issued by the Russian Federation; or

| (c) | unlawfully entered the territory of the Member States directly from the territory of the Russian Federation. |
| --- | --- |

(c)

unlawfully entered the territory of the Member States directly from the territory of the Russian Federation.

2.   The readmission obligation provided for in paragraph 1 of this Article shall not apply if:

| (a) | the third-country national or stateless person has only been in airside transit via an International airport of the Russian Federation; or |
| --- | --- |

(a)

the third-country national or stateless person has only been in airside transit via an International airport of the Russian Federation; or

| (b) | the requesting Member State or another Member State has issued to the third country national or stateless person a visa or residence authorisation unless that person is in possession of a visa or residence authorisation, issued by the Russian Federation, which has a longer period of validity; |
| --- | --- |

(b)

the requesting Member State or another Member State has issued to the third country national or stateless person a visa or residence authorisation unless that person is in possession of a visa or residence authorisation, issued by the Russian Federation, which has a longer period of validity;

| (c) | the third-country national or stateless person enjoyed visa-free access to the territory of the requesting Member State. |
| --- | --- |

(c)

the third-country national or stateless person enjoyed visa-free access to the territory of the requesting Member State.

3.   After the Russian Federation has given a positive reply to the readmission application, the requesting Member State issues to the person concerned a travel document recognised by the Russian Federation (EU standard travel document for expulsion purposes in line with the form set out in EU Council recommendation of 30 November 1994).

SECTION II

READMISSION OBLIGATIONS BY THE COMMUNITY

Article 4

Readmission of nationals of the Member States

1.   A Member State shall admit, upon application by the Russian Federation and in accordance with the procedure provided for in this Agreement, any person who does not, or no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of the Russian Federation provided that it is established, in accordance with Article 9 of this Agreement, that such person is a national of that Member State.

The same shall apply to illegally present or residing persons who possessed the nationality of the Member State at the time of entering the territory of the Russian Federation but subsequently renounced the nationality of the Member State in accordance with the national laws of the latter, without acquiring the nationality or a residence authorisation of the Russian Federation or any other State.

2.   After a Member State has given a positive reply to the readmission application, the competent diplomatic mission or consular office of the Member State concerned shall irrespective of the will of the person to be readmitted, as necessary and without delay, issue a travel document required for the return of the person to be readmitted with a period of validity of 30 calendar days. If, for any reason, the person concerned cannot be transferred within the period of validity of that travel document, the Member State concerned shall issue a new travel document with a period of validity of the same duration without delay.

Article 5

Readmission of third-country nationals and stateless persons

1.   A Member State shall admit, upon application by the Russian Federation and in accordance with the procedure provided for in this Agreement, any third-country national or stateless persons who does not, or no longer, fulfil the conditions in force for entry to, presence in, or residence on the territory of the Russian Federation provided that evidence can be furnished in accordance with Article 10 of this Agreement that such person:

| (a) | holds, at the time of submission of the readmission application, a valid visa issued by the requested Member State entering the territory of the Russian Federation directly from the territory of the former; or |
| --- | --- |

(a)

holds, at the time of submission of the readmission application, a valid visa issued by the requested Member State entering the territory of the Russian Federation directly from the territory of the former; or

| (b) | holds, at the time of submission of the readmission application, a valid residence authorisation issued by the requested Member State; or |
| --- | --- |

(b)

holds, at the time of submission of the readmission application, a valid residence authorisation issued by the requested Member State; or

| (c) | unlawfully entered the territory of the Russian Federation directly from the territory of the requested Member State. |
| --- | --- |

(c)

unlawfully entered the territory of the Russian Federation directly from the territory of the requested Member State.

2.   The readmission obligation provided for in paragraph 1 of this Article shall not apply if:

| (a) | the third-country national or stateless person has only been in airside transit via an International airport of the requested Member State; |
| --- | --- |

(a)

the third-country national or stateless person has only been in airside transit via an International airport of the requested Member State;

| (b) | the Russian Federation has issued to the third country national or stateless person a visa or residence authorisation unless that person is in possession of a visa or residence permit, issued by the requested Member State, which has a longer period of validity; |
| --- | --- |

(b)

the Russian Federation has issued to the third country national or stateless person a visa or residence authorisation unless that person is in possession of a visa or residence permit, issued by the requested Member State, which has a longer period of validity;

| (c) | the third-country national or stateless person enjoyed visa-free access to the territory of the Russian Federation. |
| --- | --- |

(c)

the third-country national or stateless person enjoyed visa-free access to the territory of the Russian Federation.

3.   The readmission obligation in paragraph 1 of this Article is for the Member State that issued a visa or residence authorisation. If two or more Member States issued a visa or residence authorisation, the readmission obligation in paragraph 1 of this Article is for the Member State that issued the document with a longer period of validity or, if one or several of them have already expired, the document that is still valid. If all of the documents have already expired, the readmission obligation in paragraph 1 of this Article is for the Member State that issued the document with the most recent expiry date.

4.   After the requested Member State has given a positive reply to the readmission application, the Russian Federation issues to the person to be readmitted a travel document recognised by the Member State concerned.

SECTION III

READMISSION PROCEDURE

Article 6

Readmission application

1.   Subject to paragraph 2, any transfer of a person to be readmitted on the basis of one of the obligations contained in Articles 2 to 5 of this Agreement shall require the submission of a readmission application to the competent authority of the requested State.

2.   By derogation of Articles 2 to 5 of this Agreement, no readmission application shall be needed where the person to be readmitted is in possession of a valid national passport and, in case such person is a third-country national or stateless person, also holds a valid visa or residence authorisation of the State which has to admit this person.

3.   If a person has been apprehended in the border region of the requesting State after illegally crossing the border coming directly from the territory of the requested State, the requesting State may submit a readmission application within two working days following this persons apprehension (accelerated procedure).

Article 7

Content of readmission applications

1.   Any readmission application is to contain the following information:

| (a) | the particulars of the person concerned (e.g. given names, surnames, date of birth, and — where possible — place of birth, and the last place of residence); |
| --- | --- |

(a)

the particulars of the person concerned (e.g. given names, surnames, date of birth, and — where possible — place of birth, and the last place of residence);

| (b) | indication of the evidence regarding nationality, unlawful entry and residence, and the grounds for the readmission of third-country nationals and stateless persons as set forth in Articles 3(1) and 5(1) of this Agreement. |
| --- | --- |

(b)

indication of the evidence regarding nationality, unlawful entry and residence, and the grounds for the readmission of third-country nationals and stateless persons as set forth in Articles 3(1) and 5(1) of this Agreement.

2.   To the extent possible, the readmission application should also contain the following information:

| (a) | a statement indicating that the person to be transferred may need help or care, provided the person concerned has explicitly consented to the statement; |
| --- | --- |

(a)

a statement indicating that the person to be transferred may need help or care, provided the person concerned has explicitly consented to the statement;

| (b) | any other protection or security measure which may be necessary in the individual transfer case. |
| --- | --- |

(b)

any other protection or security measure which may be necessary in the individual transfer case.

3.   A common form to be used for readmission applications is attached as Annex 1 to this Agreement.

Article 8

Reply to the readmission application

A reply to the readmission application shall be given in writing.

Article 9

Evidence regarding nationality

1.   Nationality pursuant to Article 2(1) and Article 4(1) of this Agreement can be established by means of at least one of the documents listed in Annex 2 to this Agreement, even if its period of validity has expired. If such documents are presented, the Member States and the Russian Federation shall mutually recognise the nationality without further verification being required.

2.   If none of the documents listed in Annex 2 to this Agreement can be presented, nationality pursuant to Article 2(1) and Article 4(1) of this Agreement can be established by means of at least one of the documents listed in Annex 3 to this Agreement, even if its period of validity has expired

| — | if documents listed in Annex 3 A to this Agreement are presented, the Member States and the Russian Federation shall mutually deem the nationality to be established unless they can prove otherwise, |
| --- | --- |

—

if documents listed in Annex 3 A to this Agreement are presented, the Member States and the Russian Federation shall mutually deem the nationality to be established unless they can prove otherwise,

| — | if documents listed in Annex 3 B to this Agreement are presented, the Member States and the Russian Federation shall mutually deem it as a ground to start an appropriate verification. |
| --- | --- |

—

if documents listed in Annex 3 B to this Agreement are presented, the Member States and the Russian Federation shall mutually deem it as a ground to start an appropriate verification.

3.   Nationality cannot be established by means of false documents.

4.   If none of the documents listed in Annexes 2 or 3 to this Agreement can be presented, the competent diplomatic representation or consular post of the Russian Federation or the Member State concerned shall, upon request, make arrangements with the competent authority of the requesting State to interview the person to be readmitted without undue delay in order to establish his or her nationality. The procedure for such interviews is to be established in the implementing Protocols provided for in Article 20 of this Agreement.

Article 10

Evidence regarding third-country nationals and stateless persons

1.   Proof of the grounds for the readmission of third-country nationals and stateless persons laid down in Article 3(1) and Article 5(1) of this Agreement can be furnished through at least one of the documents listed in Annex 4 to this Agreement. Any such proof shall be mutually recognised by the Member States and the Russian Federation without any further verification being required.

2.   Indirect evidence of the grounds for the readmission of third-country nationals and stateless persons pursuant to Article 3(1) and Article 5(1) of this Agreement can be furnished through at least one of the documents listed in Annex 5 to this Agreement

| — | if means of evidence listed in Annex 5 A to this Agreement are presented, the Member States and the Russian Federation shall deem the conditions to be established unless they can prove otherwise, |
| --- | --- |

—

if means of evidence listed in Annex 5 A to this Agreement are presented, the Member States and the Russian Federation shall deem the conditions to be established unless they can prove otherwise,

| — | if means of evidence listed in Annex 5 B to this Agreement are presented, the Member States and the Russian Federation shall deem it as a ground to start an appropriate verification. |
| --- | --- |

—

if means of evidence listed in Annex 5 B to this Agreement are presented, the Member States and the Russian Federation shall deem it as a ground to start an appropriate verification.

3.   Proof of the grounds for readmission of third-country nationals and stateless persons cannot be furnished through false documents.

4.   The unlawfulness of entry, presence or residence shall be established by means of the travel documents of the person concerned in which the necessary visa or residence authorisation for the territory of the requesting State is missing. A duly motivated statement by the requesting State that the person concerned has been found not having the necessary travel documents, visa or residence authorisation shall likewise provide prima facie evidence of the unlawful entry, presence or residence.

Article 11

Time limits

1.   The application for readmission must be submitted to the competent authority of the requested State within a maximum of 180 calendar days from the date when the requesting State’s competent authority has gained knowledge that a third-country national or a stateless person does not, or no longer, fulfil the conditions in force for entry, presence or residence.

2.   A readmission application must be replied to within a maximum of 25 calendar days from the date of confirmed receipt of the readmission application. Without prejudice to specific arrangements to be agreed upon in the framework of implementing protocols concluded in accordance with Article 20, where there are legal or factual obstacles to the application being replied to in time, the time limit shall, upon duly motivated request, be extended up to 60 calendar days.

3.   In the case of a readmission application submitted under the accelerated procedure in accordance with Article 6(3) of this Agreement, a reply has to be given within two working days (defined in accordance with the legislation of the requested State) from the confirmed receipt of the readmission application.

4.   Upon expiry of the time limits referred to in paragraphs 2 and 3 of this Article, the readmission shall be deemed to have been agreed to.

5.   The person concerned shall be transferred within 90 calendar days. In the case of a transfer under the accelerated procedure in accordance with Article 6(3) of this Agreement, the person concerned shall be transferred within two working days. Upon duly motivated request, this time limit may be extended by the time taken to deal with legal or practical obstacles. The time limits provided for in this paragraph begin to run with the date of receipt of a positive reply to the readmission application.

Article 12

Refusal of a readmission application

Reasons shall be given for refusal of a readmission application.

Article 13

Transfer modalities and modes of transportation

1.   Before transferring a person, the competent authorities of the Russian Federation and the Member State concerned shall make arrangements in writing and in advance regarding the transfer date, the border crossing point and possible escorts.

2.   All means of transportation, whether by air, land or sea, shall be allowed for the purpose of transfer. Return by air is not restricted to the use of the national carrier or the staff of the requesting State and may take place by using scheduled flights as well as charter flights.

SECTION IV

TRANSIT OPERATIONS

Article 14

General principles

1.   The Member States and the Russian Federation shall restrict the transit of third-country nationals or stateless persons to cases where such persons cannot be returned to the State of destination directly.

2.   The Russian Federation shall allow the transit of third-country nationals or stateless persons if a Member State so requests, and a Member State shall authorise the transit of third-country nationals or stateless persons if the Russian Federation so requests, if the onward journey through other States of transit and the admission by the State of destination is assured.

3.   Transit can be refused by the Russian Federation or a Member State:

| (a) | if the third-country national or the stateless person runs the risk of being subjected to torture or to inhuman or degrading treatment or punishment or the death penalty or of persecution because of his race, religion, nationality, membership of a particular social group or political conviction in the State of destination or another State of transit; or |
| --- | --- |

(a)

if the third-country national or the stateless person runs the risk of being subjected to torture or to inhuman or degrading treatment or punishment or the death penalty or of persecution because of his race, religion, nationality, membership of a particular social group or political conviction in the State of destination or another State of transit; or

| (b) | if the third-country national or the stateless person shall be subject to criminal prosecution or sanctions in the requested State or in another State of transit; or |
| --- | --- |

(b)

if the third-country national or the stateless person shall be subject to criminal prosecution or sanctions in the requested State or in another State of transit; or

| (c) | on grounds of public health, domestic security, public order or other national interests of the requested State. |
| --- | --- |

(c)

on grounds of public health, domestic security, public order or other national interests of the requested State.

4.   The Russian Federation or a Member State may revoke any authorisation issued if circumstances referred to in paragraph 3 of this Article subsequently arise or come to light which stand in the way of the transit operation, or if the onward journey in possible States of transit or the readmission by the State of destination is no longer assured. In this case, the requesting State shall take back the third-country national or the stateless person, as necessary and without delay.

Article 15

Transit procedure

1.   An application for transit operations must be submitted to the competent authorities in writing and is to contain the following information:

| (a) | type of transit (by air, land or sea), possible other States of transit and intended final destination; |
| --- | --- |

(a)

type of transit (by air, land or sea), possible other States of transit and intended final destination;

| (b) | the particulars of the person concerned (e.g. given name, surname, date of birth and — where possible — place of birth, nationality, type and number of travel document); |
| --- | --- |

(b)

the particulars of the person concerned (e.g. given name, surname, date of birth and — where possible — place of birth, nationality, type and number of travel document);

| (c) | envisaged border crossing point, time of transfer and possible use of escorts; |
| --- | --- |

(c)

envisaged border crossing point, time of transfer and possible use of escorts;

| (d) | a declaration that from the viewpoint of the requesting State the conditions pursuant to Article 14(2) of this Agreement are met, and that no reasons for a refusal pursuant to Article 14(3) of this Agreement are known of. |
| --- | --- |

(d)

a declaration that from the viewpoint of the requesting State the conditions pursuant to Article 14(2) of this Agreement are met, and that no reasons for a refusal pursuant to Article 14(3) of this Agreement are known of.

A common form to be used for transit applications is attached as Annex 6 to this Agreement.

2.   The requested State shall, in writing, inform the competent authorities of the requesting State of the consent to admission, confirming the border crossing point and the envisaged time of admission, or inform it of the admission refusal and of the reasons for such refusal.

3.   If the transit operation is effected by air, the person to be readmitted and possible escorts shall be exempted from having to obtain a specific airport transit visa.

4.   The competent authorities of the requested State shall, subject to mutual consultations, support the transit operations, in particular through the surveillance of the persons in question and the provision of suitable amenities for that purpose.

SECTION V

COSTS

Article 16

Transport and transit costs

Without prejudice to the right of the competent authorities to recover the costs associated with the readmission from the person to be readmitted or third parties, all transport costs incurred in connection with readmission and transit as far as the border-crossing point of the requested State shall be borne by the requesting State.

SECTION VI

DATA PROTECTION

Article 17

Data protection

The communication of personal data shall only take place if such communication is necessary for the implementation of this Agreement by the competent authorities of the Russian Federation or a Member State as the case may be. When communicating, processing or treating personal data in a particular case, the competent authorities of the Russian Federation shall abide by the relevant legislation of the Russian Federation, and the competent authorities of a Member State shall abide by the provisions of Directive 95/46/EC and by the national legislation of that Member State adopted pursuant to this directive. Additionally the following principles shall apply:

| (a) | personal data must be processed fairly and lawfully; |
| --- | --- |

(a)

personal data must be processed fairly and lawfully;

| (b) | personal data must be collected for the specified, explicit and legitimate purpose of implementing this Agreement and not further processed in a way incompatible with that purpose; |
| --- | --- |

(b)

personal data must be collected for the specified, explicit and legitimate purpose of implementing this Agreement and not further processed in a way incompatible with that purpose;

| (c) | personal data must be adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed; in particular, personal data communicated may concern only the following:






  — | the particulars of the person to be readmitted (e.g. surname, given name, any previous names, other names used/by which known or aliases, date and place of birth, sex, current and any previous nationality), |
| --- | --- | --- |

(c)

personal data must be adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed; in particular, personal data communicated may concern only the following:

—

the particulars of the person to be readmitted (e.g. surname, given name, any previous names, other names used/by which known or aliases, date and place of birth, sex, current and any previous nationality),

| — | identity card or passport (type, number, period of validity, date of issue, issuing authority, place of issue), |
| --- | --- |

—

identity card or passport (type, number, period of validity, date of issue, issuing authority, place of issue),

| — | stop-overs and itineraries, |
| --- | --- |

—

stop-overs and itineraries,

| — | other information needed to identify the person to be readmitted or to examine the readmission requirements pursuant to this Agreement; |
| --- | --- |

—

other information needed to identify the person to be readmitted or to examine the readmission requirements pursuant to this Agreement;

| (d) | personal data must be accurate and, where necessary, kept up to date; |
| --- | --- |

(d)

personal data must be accurate and, where necessary, kept up to date;

| (e) | personal data must be kept in a form which permits identification of data subjects for no longer than it is necessary for the purpose for which the data were collected or for which they are further processed; |
| --- | --- |

(e)

personal data must be kept in a form which permits identification of data subjects for no longer than it is necessary for the purpose for which the data were collected or for which they are further processed;

| (f) | both the competent authority communicating personal data and the competent authority receiving personal data shall take every reasonable step to ensure as appropriate the rectification, erasure or blocking of personal data where its processing does not comply with the provisions of lit. c) and d) of this Article, in particular because that data are not adequate, relevant, accurate, or they are excessive in relation to the purpose of processing. This includes the notification of any rectification, erasure or blocking of such data to the other Party; |
| --- | --- |

(f)

both the competent authority communicating personal data and the competent authority receiving personal data shall take every reasonable step to ensure as appropriate the rectification, erasure or blocking of personal data where its processing does not comply with the provisions of lit. c) and d) of this Article, in particular because that data are not adequate, relevant, accurate, or they are excessive in relation to the purpose of processing. This includes the notification of any rectification, erasure or blocking of such data to the other Party;

| (g) | upon request, the competent authority receiving personal data shall inform the competent authority communicating personal data of the use of the communicated data and of the results obtained therefrom; |
| --- | --- |

(g)

upon request, the competent authority receiving personal data shall inform the competent authority communicating personal data of the use of the communicated data and of the results obtained therefrom;

| (h) | personal data may only be communicated to the competent authorities entrusted with the implementation of this Agreement. Further communication to other bodies requires the prior consent of the competent authority communicating personal data; |
| --- | --- |

(h)

personal data may only be communicated to the competent authorities entrusted with the implementation of this Agreement. Further communication to other bodies requires the prior consent of the competent authority communicating personal data;

| (i) | the competent authority communicating personal data and the competent authority receiving personal data are under the obligation to make a written record of the communication and receipt of personal data. |
| --- | --- |

(i)

the competent authority communicating personal data and the competent authority receiving personal data are under the obligation to make a written record of the communication and receipt of personal data.

SECTION VII

IMPLEMENTATION AND APPLICATION

Article 18

Relation to other International obligations

1.   This Agreement shall be without prejudice to the rights, obligations and responsibilities of the Community, the Member States and the Russian Federation arising from International Law, and in particular from:

| (a) | the Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the Status of Refugees; |
| --- | --- |

(a)

the Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the Status of Refugees;

| (b) | the European Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms; |
| --- | --- |

(b)

the European Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms;

| (c) | the Convention of 10 December 1984 against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; |
| --- | --- |

(c)

the Convention of 10 December 1984 against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;

| (d) | international treaties on extradition and transit; |
| --- | --- |

(d)

international treaties on extradition and transit;

| (e) | multilateral international treaties containing rules on the readmission of foreign nationals, such as the Convention on International Civil Aviation of 7 December 1944. |
| --- | --- |

(e)

multilateral international treaties containing rules on the readmission of foreign nationals, such as the Convention on International Civil Aviation of 7 December 1944.

2.   The provisions of this Agreement shall take precedence over the provisions of any bilateral treaties or arrangements on readmission which have been or may, under Article 20 of this Agreement, be concluded between individual Member States and the Russian Federation insofar as the provisions of the latter treaties or arrangements cover issues that are dealt with by the present Agreement.

3.   Nothing in this Agreement shall prevent the return of a person under other formal or informal arrangements.

Article 19

Joint readmission committee

1.   The Parties shall set up a joint readmission committee (hereinafter referred to as the Committee) which will, in particular, have the task:

| (a) | to monitor the application of this Agreement; |
| --- | --- |

(a)

to monitor the application of this Agreement;

| (b) | to decide on arrangements necessary for the uniform execution of this Agreement; |
| --- | --- |

(b)

to decide on arrangements necessary for the uniform execution of this Agreement;

| (c) | to have a regular exchange of information on the implementing Protocols concluded by individual Member States and the Russian Federation pursuant to Article 20 of this Agreement; |
| --- | --- |

(c)

to have a regular exchange of information on the implementing Protocols concluded by individual Member States and the Russian Federation pursuant to Article 20 of this Agreement;

| (d) | to decide on amendments to the Annexes to this Agreement; |
| --- | --- |

(d)

to decide on amendments to the Annexes to this Agreement;

| (e) | to propose amendments to this Agreement; |
| --- | --- |

(e)

to propose amendments to this Agreement;

| (f) | to examine and, if deemed necessary, propose amendments to this Agreement in case of new accessions to the European Union. |
| --- | --- |

(f)

to examine and, if deemed necessary, propose amendments to this Agreement in case of new accessions to the European Union.

2.   The decisions of the Committee shall be binding on the Parties.

3.   The Committee shall be composed by representatives of the Community and the Russian Federation; the Community shall be represented by the European Commission, assisted by experts from Member States.

4.   The Committee shall meet where necessary at the request of one of the Parties.

5.   The Committee shall establish its rules of procedures.

Article 20

Implementing Protocols

1.   The Russian Federation and Member States shall conclude implementing Protocols which shall cover rules on:

| (a) | the competent authorities, the border crossing points, the exchange of information on contact points and the languages in communication; |
| --- | --- |

(a)

the competent authorities, the border crossing points, the exchange of information on contact points and the languages in communication;

| (b) | the modalities for readmission under the accelerated procedure; |
| --- | --- |

(b)

the modalities for readmission under the accelerated procedure;

| (c) | the conditions for escorted transfers, including the transit of third-country nationals and stateless persons under escort; |
| --- | --- |

(c)

the conditions for escorted transfers, including the transit of third-country nationals and stateless persons under escort;

| (d) | proofs and evidence additional to those listed in the Annexes 2 to 5 to this Agreement; |
| --- | --- |

(d)

proofs and evidence additional to those listed in the Annexes 2 to 5 to this Agreement;

| (e) | the procedure for interviews provided for in Article 9 of this Agreement; |
| --- | --- |

(e)

the procedure for interviews provided for in Article 9 of this Agreement;

| (f) | where necessary, specific arrangements concerning time limits for the handling of readmission applications in accordance with Article 11(2) of this Agreement. |
| --- | --- |

(f)

where necessary, specific arrangements concerning time limits for the handling of readmission applications in accordance with Article 11(2) of this Agreement.

2.   The implementing Protocols referred to in paragraph 1 of this Article shall enter into force only after the Committee has been notified.

3.   The Russian Federation shall agree to apply any provision of an implementing Protocol concluded with one Member State also in its relations with any other Member State, upon request of the latter and subject to the practical feasibility of its application to the Russian Federation. The Member States shall agree to apply any provision of an implementing Protocol concluded by one of them also in their relations with the Russian Federation, upon request of the latter and subject to the practical feasibility of its application to other Member States.

This shall not apply to provisions containing specific arrangements referred to in paragraph 1 lit. (f) of this Article.

SECTION VIII

FINAL PROVISIONS

Article 21

Territorial application

1.   Subject to paragraph 2 of this Article, this Agreement shall apply to the territory of the Russian Federation and to the territory in which the Treaty establishing the European Community is applicable.

2.   This Agreement shall not apply to the territory of the Kingdom of Denmark.

Article 22

Annexes

Annexes 1 to 6 shall form an integral part of this Agreement.

Article 23

Entry into force, duration and termination

1.   This Agreement shall be ratified or approved by the Parties in accordance with their internal procedures.

2.   Subject to paragraph 3 of this Article, this Agreement shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to in paragraph 1 of this Article have been completed. If this date is before the date of the entry into force of the agreement between the Russian Federation and the European Community on the facilitation of the issuance of visas to the citizens of the Russian Federation and the European Union, this Agreement shall only enter into force on the same date as the latter.

3.   The obligations set out in Articles 3 and 5 of this Agreement shall only become applicable three years after the date referred to in paragraph 2 of this Article. During that 3-year period, they shall only be applicable to stateless persons and nationals from third-countries with which the Russian Federation has concluded bilateral treaties or arrangements on readmission.

4.   This Agreement is concluded for an unlimited period.

5.   Each Contracting Party may denounce this Agreement by officially notifying the other Contracting Party. This Agreement shall cease to be in force six months after the date of receipt of such notification.

Done at Sochi on the twenty-fifth day of May in the year two thousand and six in duplicate each in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish and Russian languages, each of these texts being equally authentic.

Hecho en Sochi, el veinticinco de mayo del dos mil seis.

V Soči dne dvacátého pátého května dva tisíce šest.

Udfærdiget i Sotji den femogtyvende maj to tusind og seks.

Geschehen zu Sotschi am fünfundzwanzigsten Mai zweitausendsechs.

Kahe tuhande kuuenda aasta maikuu kahekümne viiendal päeval Sotšis.

'Εγινε στο Σότσι, στις είκοσι πέντε Μαΐου δύο χιλιάδες έξι.

Done at Sochi on the twenty fifth day of May in the year two thousand and six.

Fait à Sotchi, le vingt cinq mai deux mille six.

Fatto a Soci, addì venticinque maggio duemilasei.

Sočos, divtūkstoš sestā gada divdesmit piektajā maijā.

Priimta du tūkstančiai šeštų metų gegužės dvidešimt penktą dieną Sočyje.

Kelt Szocsiban, a kettőezer hatodik év május huszonötödik napján.

Magħmul f'Sochi, fil-ħamsa u għoxrin jum ta' Mejju tas-sena elfejn u sitta.

Gedaan te Sotsji, de vijfentwintigste mei tweeduizend zes.

Sporządzono w Soczi dnia dwudziestego piątego maja roku dwutysięcznego szóstego.

Feito em Sotchi, em vinte e cinco de Maio de dois mil e seis.

V Soči dňa dvadsiateho piateho mája dvetisícšesť.

V Soči, petindvajsetega maja leta dva tisoč šest.

Tehty Sotšissa kahdentenakymmenentenäviidentenä päivänä toukokuuta vuonna kaksituhattakuusi.

Som skedde i Sotji den tjugofemte maj tjugohundrasex.

Adoptată la Sochi, la douăzeci și cinci mai două mii șase.

Совершено в г. Сочи двадцать пятого мая две тысячи шестого года.

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

Az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Pentru Comunitatea Europeană

За Европейское сообщество

Image 4

Por la Federación de Rusia

Za Ruskou federaci

For Den Russiske Føderation

Für die Russische Föderation

Venemaa Föderatsiooni nimel

Για τη Ρωσική Ομοσπονδία

For the Russian Federation

Pour la Fédération de Russie

Per la Federazione russa

Krievijas Federācijas vārdā

Rusijos Federacijos vardu

Az Orosz Föderáció részéről

Għall-Federazzjoni Russa

Voor de Russische Federatie

W imieniu Federacji Rosyjskiej

Pela Federação da Rússia

Za Ruskú federáciu

Za Rusko federacijo

Venäjän federaation puolesta

På ryska federationen vägnar

Pentru Federația Rusă

За Российскую Федерацию

Image 5

---

ANNEX 1 TO THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE RUSSIAN FEDERATION ON READMISSION

Image 6

(Emblem of the Russian Federation)

(Place and date)

(Designation of the competent authority of the requesting State)

Reference:

ACCELERATED PROCEDURE

To

(Designation of the competent authority of the requested State)

Image 7

READMISSION APPLICATION

pursuant to Article 7 of the Agreement of 25 May 2006 between the European Community and the Russian Federation on readmission

A. PERSONAL DETAILS

Photograph

1. Full name (underline surname):

2. Maiden name:

3. Date and place of birth:

4. Sex and physical description (height, colour of eyes, distinguishing marks etc.):

5. Also known as (earlier names, other names used/by which known or aliases):

6. Nationality and language:

7. Civil status (where possible)

married

single

divorced

widowed

If married:

name of spouse

Names and age of children (if any)

8. Last address in the requesting State:

9. Last place of residence in the requested State:

B. SPECIAL CIRCUMSTANCES RELATING TO THE TRANSFEREE

1. State of health

(e.g. possible reference to special medical care; latin name of contagious disease):

2. Indication of particularly dangerous person

(e.g. suspected of serious offence; aggressive behaviour):

Image 8

C. MEANS OF EVIDENCE ATTACHED

1.

(Passport No)

(date and place of issue)

(Issuing authority)

(expiry date)

2.

(Identity card No)

(date and place of issue)

(Issuing authority)

(expiry date)

3.

(Driving licence No)

(date and place of issue)

(Issuing authority)

(expiry date)

4.

(Other official document No)

(date and place of issue)

(Issuing authority)

(expiry date)

D. OBSERVATIONS

(Signature of the competent authority of the requesting State) (Seal/stamp)

---

ANNEX 2 TO THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE RUSSIAN FEDERATION ON READMISSION

List of documents for proof of nationality

| — | Passports of any kind of the Russian Federation or the Member States (e.g. domestic passports, citizens’ foreign passports, national passports, diplomatic passports, service passports and surrogate passports including children’s passports), |
| --- | --- |

—

Passports of any kind of the Russian Federation or the Member States (e.g. domestic passports, citizens’ foreign passports, national passports, diplomatic passports, service passports and surrogate passports including children’s passports),

| — | certificate for return to the Russian Federation, |
| --- | --- |

—

certificate for return to the Russian Federation,

| — | national identity cards of EU Member States, |
| --- | --- |

—

national identity cards of EU Member States,

| — | citizenship certificates or other official documents that mention or indicate citizenship (e.g. birth certificate), |
| --- | --- |

—

citizenship certificates or other official documents that mention or indicate citizenship (e.g. birth certificate),

| — | service books and military identity cards, |
| --- | --- |

—

service books and military identity cards,

| — | seaman’s registration books, skippers’ service cards and seamen’s passports. |
| --- | --- |

—

seaman’s registration books, skippers’ service cards and seamen’s passports.

---

ANNEX 3 TO THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE RUSSIAN FEDERATION ON READMISSION

List of documents for indirect evidence of nationality

ANNEX 3 A

| — | Official photocopies of any of the documents listed in Annex 2 to this Agreement, |
| --- | --- |

—

Official photocopies of any of the documents listed in Annex 2 to this Agreement,

| — | official statements made for the purpose of the accelerated procedure, in particular, by border authority staff and witnesses who can testify to the person concerned crossing the border. |
| --- | --- |

—

official statements made for the purpose of the accelerated procedure, in particular, by border authority staff and witnesses who can testify to the person concerned crossing the border.

ANNEX 3 B

| — | Driving licenses or photocopies thereof, |
| --- | --- |

—

Driving licenses or photocopies thereof,

| — | any other official document issued by the authorities of the requested State, |
| --- | --- |

—

any other official document issued by the authorities of the requested State,

| — | company identity cards or photocopies thereof, |
| --- | --- |

—

company identity cards or photocopies thereof,

| — | written statements by witnesses, |
| --- | --- |

—

written statements by witnesses,

| — | written statements made by the person concerned and language spoken by him or her, including by means of an official test result. |
| --- | --- |

—

written statements made by the person concerned and language spoken by him or her, including by means of an official test result.

---

ANNEX 4 TO THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE RUSSIAN FEDERATION ON READMISSION

List of documents for proof of the grounds for the readmission of third country nationals and stateless persons

| — | Valid visa and/or residence authorisation issued by the requested State, |
| --- | --- |

—

Valid visa and/or residence authorisation issued by the requested State,

| — | entry/departure stamps or similar endorsement in the travel document of the person concerned or other evidence of entry/departure (e.g. photographic, electronic or biometric). |
| --- | --- |

—

entry/departure stamps or similar endorsement in the travel document of the person concerned or other evidence of entry/departure (e.g. photographic, electronic or biometric).

---

ANNEX 5 TO THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE RUSSIAN FEDERATION ON READMISSION

List of documents for indirect evidence of the conditions for the readmission of third country nationals and stateless persons

ANNEX 5 A

| — | Official statements made for the purpose of the accelerated procedure, in particular, by border authority staff and witnesses who can testify to the person concerned crossing the border; |
| --- | --- |

—

Official statements made for the purpose of the accelerated procedure, in particular, by border authority staff and witnesses who can testify to the person concerned crossing the border;

ANNEX 5 B

| — | Name tickets of air, train, coach or boat passages which show the presence and the itinerary of the person concerned from the territory of the requested State to the territory of the requesting State, |
| --- | --- |

—

Name tickets of air, train, coach or boat passages which show the presence and the itinerary of the person concerned from the territory of the requested State to the territory of the requesting State,

| — | passenger lists of air, train, coach or boat passages which show the presence and the itinerary of the person concerned from the territory of the requested State to the territory of the requesting State, |
| --- | --- |

—

passenger lists of air, train, coach or boat passages which show the presence and the itinerary of the person concerned from the territory of the requested State to the territory of the requesting State,

| — | tickets as well as certificates and bills of any kind (e.g. hotel bills, appointment cards for doctors/dentists, entry cards for public/private institutions, etc.) which clearly show that the person concerned stayed on the territory of the requested State, |
| --- | --- |

—

tickets as well as certificates and bills of any kind (e.g. hotel bills, appointment cards for doctors/dentists, entry cards for public/private institutions, etc.) which clearly show that the person concerned stayed on the territory of the requested State,

| — | official statements made, in particular, by border authority staff and witnesses who can testify to the person concerned crossing the border, |
| --- | --- |

—

official statements made, in particular, by border authority staff and witnesses who can testify to the person concerned crossing the border,

| — | official statement by the person concerned in judicial or administrative proceedings, |
| --- | --- |

—

official statement by the person concerned in judicial or administrative proceedings,

| — | description of place and circumstances under which the person concerned has been intercepted after entering the territory of the requesting State, |
| --- | --- |

—

description of place and circumstances under which the person concerned has been intercepted after entering the territory of the requesting State,

| — | information showing that the person concerned has used the services of a courier or travel agency, |
| --- | --- |

—

information showing that the person concerned has used the services of a courier or travel agency,

| — | information related to the identity and/or stay of a person which has been provided by an International Organisation, |
| --- | --- |

—

information related to the identity and/or stay of a person which has been provided by an International Organisation,

| — | reports/confirmation of information by family members, travelling companions, etc, |
| --- | --- |

—

reports/confirmation of information by family members, travelling companions, etc,

| — | statement by the person concerned. |
| --- | --- |

—

statement by the person concerned.

---

ANNEX 6 TO THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE RUSSIAN FEDERATION ON READMISSION

Image 9

(Emblem of the Russian Federation)

(Place and date)

(Designation of the competent authority of the requesting State)

Reference

To

(Designation of the competent authority of the requested State)

Image 10

TRANSIT APPLICATION

pursuant to Article 15 of the Agreement of 25 May 2006 between the European Community and the Russian Federation on readmission

A. PERSONAL DETAILS

Photograph

1. Full name (underline surname):

2. Maiden name:

3. Date and place of birth:

4. Sex and physical description (height, color of eyes, distinguishing marks etc.):

5. Also known as (earlier names, other names used/by which known, or aliases):

6. Nationality and language:

7. Type and number of travel document:

B. SPECIAL CIRCUMSTANCES RELATING TO THE TRANSFEREE

1. State of health

(e.g. possible reference to special medical care; latin name of contagious disease):

2. Indication of particularly dangerous person

(e.g. suspected of serious offence; aggressive behaviour):

Image 11

C. TRANSIT OPERATION

1. Type of transit

by air

by sea

by land

2. State of final destination

3. Possible other States of transit

4. Proposed border crossing point, date, time of transfer and possible escorts

5. Admission assured in any other transit State and in the State of final destination (Article 14(2) of the Agreement between the Russian Federation and the European Community on readmission)

yes

no

6. Knowledge of any reason for a refusal of transit (Article 14(3) of the Agreement between the Russian Federation and the European Community on readmission)

yes

no

D. OBSERVATIONS

(Signature of the competent authority of the requesting State) (Seal/stamp)

---

Joint Declaration concerning Articles 2(1) and 4(1)

‘The Contracting Parties take note that, according to the nationality laws of the Russian Federation and the Member States, it is not possible for a citizen of the European Union or the Russian Federation to be deprived of his or her nationality.

The Parties agree to consult each other in due time, should this legal situation change.’

---

Joint Declaration concerning Articles 3(1) and 5(1)

‘The Parties agree that a person is “entering directly” from the territory of the requested State within the meaning of these provisions if such person arrived by air, land or sea on the territory of the requesting State without having entered a third-country in-between. Airside transit stays in a third-country shall not be considered as entry.’

---

Joint Declaration concerning the Kingdom of Denmark

‘The Parties take note that this Agreement does not apply to the territory or to the nationals of the Kingdom of Denmark. In such circumstances it is appropriate that the Russian Federation and the Kingdom of Denmark conclude a readmission agreement in the same terms as this Agreement.’

---

Joint Declaration concerning the Republic of Iceland and the Kingdom of Norway

‘The Parties take note of the close relationship between the European Community and the Republic of Iceland and the Kingdom of Norway, particularly by virtue of the Agreement of 18 May 1999 concerning the association of these countries with the implementation, application and development of the Schengen acquis. In such circumstances it is appropriate that the Russian Federation concludes a readmission agreement with the Republic of Iceland and the Kingdom of Norway in the same terms as this Agreement.’

---

Commission

| 17.5.2007 | EN | Official Journal of the European Union | L 129/61 |
| --- | --- | --- | --- |

17.5.2007

EN

Official Journal of the European Union

L 129/61

---

COMMISSION DECISION

of 15 May 2007

on the allocation to Belgium of additional days at sea within the ICES zones IV, VIIa and VIId

(notified under document number C(2007) 2072)

(Only the Dutch and French texts are authentic)

(Text with EEA relevance)

(2007/342/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of stocks, applicable in Community waters and for Community vessels in waters where catch limitations are required (1), and in particular point 10 of Annex IIA thereto,

Having regard to the request made by Belgium,

Whereas:

| (1) | Point 8 of Annex IIA to Regulation (EC) No 41/2007 specifies the maximum number of days on which Community vessels of an overall length equal to or greater than 10 meters carrying on board beam trawls of mesh sizes equal to or larger than 80 mm may be present within Skagerrak, ICES zones IV and VIId, and EC waters of ICES zone IIa, within ICES zone VIIa, and within ICES zone VIa from 1 February 2007 to 31 January 2008. |
| --- | --- |

(1)

Point 8 of Annex IIA to Regulation (EC) No 41/2007 specifies the maximum number of days on which Community vessels of an overall length equal to or greater than 10 meters carrying on board beam trawls of mesh sizes equal to or larger than 80 mm may be present within Skagerrak, ICES zones IV and VIId, and EC waters of ICES zone IIa, within ICES zone VIIa, and within ICES zone VIa from 1 February 2007 to 31 January 2008.

| (2) | Point 10 of Annex IIA to Regulation (EC) No 41/2007 enables the Commission to allocate, on the basis of a request made by Member States, an additional number of days at sea on which a vessel may be present within the geographical area when carrying on board such beam trawls, on the basis of permanent cessations of fishing activities that have taken place since 1 January 2002. |
| --- | --- |

(2)

Point 10 of Annex IIA to Regulation (EC) No 41/2007 enables the Commission to allocate, on the basis of a request made by Member States, an additional number of days at sea on which a vessel may be present within the geographical area when carrying on board such beam trawls, on the basis of permanent cessations of fishing activities that have taken place since 1 January 2002.

| (3) | Belgium has submitted on 19 December 2006 and 30 January 2007 data demonstrating that a group of vessels, which ceased activities since 1 January 2002, deployed 11,11 % of the fishing effort deployed in 2001 by Belgian vessels present within the geographical area and carrying on board beam trawls of mesh size equal to or greater than 80 mm. As the requested additional days can no longer be allocated for the period requested, the additional days must be allocated for the period 1 February 2007 to 31 January 2008 on basis of Regulation (EC) No 41/2007. |
| --- | --- |

(3)

Belgium has submitted on 19 December 2006 and 30 January 2007 data demonstrating that a group of vessels, which ceased activities since 1 January 2002, deployed 11,11 % of the fishing effort deployed in 2001 by Belgian vessels present within the geographical area and carrying on board beam trawls of mesh size equal to or greater than 80 mm. As the requested additional days can no longer be allocated for the period requested, the additional days must be allocated for the period 1 February 2007 to 31 January 2008 on basis of Regulation (EC) No 41/2007.

| (4) | In view of the data submitted, 15 additional days at sea for vessels carrying on board beam trawls of the grouping of fishing gears 4.1.b.i and 16 additional days at sea for vessels carrying on board beam trawls of groupings of fishing gears 4.1.b.ii, 4.1.b.iii and 4.1.b.iv should be allocated to Belgium during the period of application of Article 7 of Regulation (EC) No 41/2007, i.e. from 1 February 2007 to 31 January 2008. |
| --- | --- |

(4)

In view of the data submitted, 15 additional days at sea for vessels carrying on board beam trawls of the grouping of fishing gears 4.1.b.i and 16 additional days at sea for vessels carrying on board beam trawls of groupings of fishing gears 4.1.b.ii, 4.1.b.iii and 4.1.b.iv should be allocated to Belgium during the period of application of Article 7 of Regulation (EC) No 41/2007, i.e. from 1 February 2007 to 31 January 2008.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Committee for Fisheries and Aquaculture, |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS DECISION:

Article 1

1.   The maximum number of days a fishing vessel flying the flag of Belgium and carrying on board beam trawls listed in point 4.1.b.i of Annex IIA to Regulation (EC) No 41/2007 may be present in the ICES zones IV, VIIa and VIId, as laid down in Table I of that Annex shall be increased by 15 days at sea.

2.   The maximum number of days a fishing vessel flying the flag of Belgium and carrying on board beam trawls listed in point 4.1.b.ii, 4.1.b.iii and 4.1.b.iv of Annex IIA to Regulation (EC) No 41/2007 may be present in the ICES zones IV, VIIa and VIId, as laid down in Table I of that Annex for cases in which no special condition listed in point 8.1 of the same Annex applies, shall be increased by 16 days at sea.

Article 2

This Decision is addressed to the Kingdom of Belgium.

Done at Brussels, 15 May 2007.

For the Commission

Joe BORG

Member of the Commission

---

(1)  OJ L 15, 20.1.2007, p. 1. Regulation as amended by Commission Regulation (EC) No 444/2007 (OJ L 106, 24.4.2007, p. 22).

1

---

| 17.5.2007 | EN | Official Journal of the European Union | L 129/63 |
| --- | --- | --- | --- |

17.5.2007

EN

Official Journal of the European Union

L 129/63

---

COMMISSION DECISION

of 15 May 2007

authorising the placing on the market of oil enriched with phytosterols/phytostanols as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council

(notified under document number C(2007) 2073)

(Only the English text is authentic)

(2007/343/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (1), and in particular Article 7 thereof,

Whereas:

| (1) | On 4 May 2005 the company Enzymotec made a request to the competent authorities of the Netherlands to place oil enriched with phytosterols/phytostanols on the market as a novel food or a novel food ingredient. |
| --- | --- |

(1)

On 4 May 2005 the company Enzymotec made a request to the competent authorities of the Netherlands to place oil enriched with phytosterols/phytostanols on the market as a novel food or a novel food ingredient.

| (2) | On 23 May 2006 the competent food assessment body of the Netherlands issued its initial assessment report. In that report it came to the conclusion that the oil enriched with phytosterols is safe for human consumption. |
| --- | --- |

(2)

On 23 May 2006 the competent food assessment body of the Netherlands issued its initial assessment report. In that report it came to the conclusion that the oil enriched with phytosterols is safe for human consumption.

| (3) | The Commission forwarded the initial assessment report to all Member States on 29 May 2006. |
| --- | --- |

(3)

The Commission forwarded the initial assessment report to all Member States on 29 May 2006.

| (4) | Within the sixty day-period laid down in Article 6(4) of Regulation (EC) No 258/97 reasoned objections to the marketing of the product were raised in accordance with that provision. |
| --- | --- |

(4)

Within the sixty day-period laid down in Article 6(4) of Regulation (EC) No 258/97 reasoned objections to the marketing of the product were raised in accordance with that provision.

| (5) | The objections raised concerned issues of risk management rather than risk assessment issues, therefore there was no need to consult the European Food Safety Authority (EFSA). |
| --- | --- |

(5)

The objections raised concerned issues of risk management rather than risk assessment issues, therefore there was no need to consult the European Food Safety Authority (EFSA).

| (6) | The authorisation of oil enriched with phytosterols/phytostanols should only cover use in foods where the addition of phytosterols/phytostanols is authorised. The rules concerning the presentation and the labelling of foods with added phytosterols/phytostanols apply. |
| --- | --- |

(6)

The authorisation of oil enriched with phytosterols/phytostanols should only cover use in foods where the addition of phytosterols/phytostanols is authorised. The rules concerning the presentation and the labelling of foods with added phytosterols/phytostanols apply.

| (7) | Commission Regulation (EC) No 608/2004 of 31 March 2004 (2) concerning the labelling of foods and food ingredients with added phytosterols, phytosterol esters, phytostanols and/or phytostanol esters ensures that consumers receive the information necessary in order to avoid excessive intake of added phytosterols/phytostanols. |
| --- | --- |

(7)

Commission Regulation (EC) No 608/2004 of 31 March 2004 (2) concerning the labelling of foods and food ingredients with added phytosterols, phytosterol esters, phytostanols and/or phytostanol esters ensures that consumers receive the information necessary in order to avoid excessive intake of added phytosterols/phytostanols.

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(8)

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

HAS ADOPTED THIS DECISION:

Article 1

Oil enriched with phytosterols/phytostanols as specified in Annex 1 may be placed on the market in the Community as a novel food ingredient for use in the foods specified in Annex 2.

Article 2

The products containing the novel food ingredient shall be presented in such a manner that they can be easily divided into portions that contain either a maximum of 3 g (in case of one portion per day) or a maximum of 1 g (in case of three portions per day) of added phytosterols/phytostanols.

The amount of phytosterols/phytostanols added to a container of beverages shall not exceed 3 g.

Spicy sauces and salad dressings including mayonnaise shall be packed as single portions.

Article 3

This Decision is addressed to Enzymotec, 5 Hataasi ST, Ramat Gabriel Industrial Park, Migdal HaEmeq, Israel 23 106.

Done at Brussels, 15 May 2007.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  OJ L 43, 14.2.1997, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

1

(2)  OJ L 97, 1.4.2004, p. 44.

2

---

ANNEX I

Specifications of oil enriched with phytosterols/phytostanols

Definition:

Oil enriched with phytosterols/phytostanols is composed of an oil fraction and a phytosterol fraction.

| Substance/Parameter | Content |
| --- | --- |
| Acylglycerol Distribution: |
| Free fatty acids (expressed as oleic acid) | Not more than 2 % |
| Monoacylglycerols (MAG) | Not more than 10 % |
| Diacylglycerols (DAG) | Not more than 25 % |
| Triacylglycerols (TAG) | Making up the balance |
| Phytosterol fraction: |
| β-sitosterol | Not more than 80 % |
| β-sitostanol | Not more than 15 % |
| campesterol | Not more than 40 % |
| campestanol | Not more than 5 % |
| stigmasterol | Not more than 30 % |
| brassicasterol | Not more than 3 % |
| other sterols/stanols | Not more than 3 % |
| Others: |
| Moisture and volatile | Not more than 0,5 % |
| Peroxide value (PV) | < 5 meq/kg |
| Trans fatty acids | Not more than 1 % |

Substance/Parameter

Content

Acylglycerol Distribution:

Free fatty acids (expressed as oleic acid)

Not more than 2 %

Monoacylglycerols (MAG)

Not more than 10 %

Diacylglycerols (DAG)

Not more than 25 %

Triacylglycerols (TAG)

Making up the balance

Phytosterol fraction:

β-sitosterol

Not more than 80 %

β-sitostanol

Not more than 15 %

campesterol

Not more than 40 %

campestanol

Not more than 5 %

stigmasterol

Not more than 30 %

brassicasterol

Not more than 3 %

other sterols/stanols

Not more than 3 %

Others:

Moisture and volatile

Not more than 0,5 %

Peroxide value (PV)

< 5 meq/kg

Trans fatty acids

Not more than 1 %

Contamination/Purity (GC-FID or equivalent method) of phytosterols/phytostanols

Phytosterols and phytostanols extracted from sources other than vegetable oil suitable for food have to be free of contaminants, best ensured by a purity of more than 99 %.

---

ANNEX II

Foods referred to in Article 1

Spreadable fats, as defined by Council Regulation (EC) No 2991/94 (1) Annex, points B and C, excluding cooking and frying fats and spreads based on butter or other animal fat.

Milk based products, such as products based on semi-skimmed and skimmed milk products, possibly with the addition of fruits and/or cereals, products based on fermented milk such as yoghurt and cheese based products (fat content ≤ 12 g per 100 g), where possibly the milk fat has been reduced and the fat or protein has been partly or fully replaced by vegetable fat or protein.

Soya drinks.

Spicy sauces and salad dressings including mayonnaise.

---

(1)  OJ L 316, 9.12.1994, p. 2.

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| 17.5.2007 | EN | Official Journal of the European Union | L 129/67 |
| --- | --- | --- | --- |

17.5.2007

EN

Official Journal of the European Union

L 129/67

---

COMMISSION DECISION

of 16 May 2007

on harmonised availability of information regarding spectrum use within the Community

(notified under document number C(2007) 2085)

(Text with EEA relevance)

(2007/344/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (1), and in particular Article 4(3) thereof,

Whereas:

| (1) | Decision No 676/2002/EC (Radio Spectrum Decision) requires Member States to ensure that their national radio frequency allocation table and information on rights, conditions, procedures, charges and fees concerning the use of radio spectrum, shall be published if relevant in order to meet the aim set out in Article 1 of that Decision. They shall keep this information up to date and shall take measures to develop appropriate databases in order to make such information available to the public, where applicable in accordance with the relevant harmonisation measures taken under Article 4 of that Decision. |
| --- | --- |

(1)

Decision No 676/2002/EC (Radio Spectrum Decision) requires Member States to ensure that their national radio frequency allocation table and information on rights, conditions, procedures, charges and fees concerning the use of radio spectrum, shall be published if relevant in order to meet the aim set out in Article 1 of that Decision. They shall keep this information up to date and shall take measures to develop appropriate databases in order to make such information available to the public, where applicable in accordance with the relevant harmonisation measures taken under Article 4 of that Decision.

| (2) | A study undertaken on behalf of the Commission (2) found that, despite previous efforts, information on the use of spectrum is still made publicly available by Member States with a varying amount of detail, in different formats and with differences in ease of access and updating intervals. Such differences may have an effect on doing business, on planning investments and on decision-making in the context of an internal market for products and services, as well as manufacturing. Information on spectrum usage conditions can further facilitate the participation of small and medium-sized enterprises (SME) and indirectly support the sustainable growth of the electronic communications industry in general. |
| --- | --- |

(2)

A study undertaken on behalf of the Commission (2) found that, despite previous efforts, information on the use of spectrum is still made publicly available by Member States with a varying amount of detail, in different formats and with differences in ease of access and updating intervals. Such differences may have an effect on doing business, on planning investments and on decision-making in the context of an internal market for products and services, as well as manufacturing. Information on spectrum usage conditions can further facilitate the participation of small and medium-sized enterprises (SME) and indirectly support the sustainable growth of the electronic communications industry in general.

| (3) | The availability of appropriate information is essential in the context of better regulation, since the removal of unnecessary restrictive measures and the introduction of trading of rights to use frequencies require clear, reliable and up-to-date information regarding the actual use. |
| --- | --- |

(3)

The availability of appropriate information is essential in the context of better regulation, since the removal of unnecessary restrictive measures and the introduction of trading of rights to use frequencies require clear, reliable and up-to-date information regarding the actual use.

| (4) | A single information point would ensure an easy access and user-friendly presentation of spectrum information throughout the Community. To be efficient, such information should be presented in a harmonised format with the same content for all Member States and it should be transferable from national databases using modern automatic upload facilities that avoid the need for additional human resources to feed the single information point with national data. |
| --- | --- |

(4)

A single information point would ensure an easy access and user-friendly presentation of spectrum information throughout the Community. To be efficient, such information should be presented in a harmonised format with the same content for all Member States and it should be transferable from national databases using modern automatic upload facilities that avoid the need for additional human resources to feed the single information point with national data.

| (5) | There is substantial agreement by Member States and industry participants for using the system set up by the European Radiocommunications Office (ERO) (3). The ERO Frequency Information System (EFIS) is publicly available on the Internet and allows the search for and comparison of official spectrum information within Europe, if such information is uploaded by national administrations. That system should be used by all Member States. |
| --- | --- |

(5)

There is substantial agreement by Member States and industry participants for using the system set up by the European Radiocommunications Office (ERO) (3). The ERO Frequency Information System (EFIS) is publicly available on the Internet and allows the search for and comparison of official spectrum information within Europe, if such information is uploaded by national administrations. That system should be used by all Member States.

| (6) | The Commission issued a Mandate dated 8 December 2005 to the CEPT on the use of EFIS for publication and access to spectrum information within the Community. CEPT presented the final results of this mandate, which demonstrate the feasibility to use EFIS as a common information portal in the European Community, in accordance with the objectives contained in the mandate. The Radio Spectrum Committee accepted the final report of the CEPT on 5 October 2006 and confirmed the objectives listed in the Mandate. The results of the mandate should be made applicable in the Community. |
| --- | --- |

(6)

The Commission issued a Mandate dated 8 December 2005 to the CEPT on the use of EFIS for publication and access to spectrum information within the Community. CEPT presented the final results of this mandate, which demonstrate the feasibility to use EFIS as a common information portal in the European Community, in accordance with the objectives contained in the mandate. The Radio Spectrum Committee accepted the final report of the CEPT on 5 October 2006 and confirmed the objectives listed in the Mandate. The results of the mandate should be made applicable in the Community.

| (7) | A European spectrum information portal should not replace national spectrum databases but be a complementary portal that adds value through the provision of a single information point with search and compare facilities at the European level, based on information provided in accordance with a common format and level detail. |
| --- | --- |

(7)

A European spectrum information portal should not replace national spectrum databases but be a complementary portal that adds value through the provision of a single information point with search and compare facilities at the European level, based on information provided in accordance with a common format and level detail.

| (8) | Efforts to harmonise the presentation of radio interface specifications have been undertaken by the Telecommunications Conformity Assessment and Market Surveillance Committee (TCAM) established by Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (4) (R & TTE Directive). These conditions are relevant to Article 5 of the Radio Spectrum Decision and are regarded as important public information, which should be made available by all Member States. |
| --- | --- |

(8)

Efforts to harmonise the presentation of radio interface specifications have been undertaken by the Telecommunications Conformity Assessment and Market Surveillance Committee (TCAM) established by Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (4) (R & TTE Directive). These conditions are relevant to Article 5 of the Radio Spectrum Decision and are regarded as important public information, which should be made available by all Member States.

| (9) | The provision of information regarding rights of use may require a particular effort by Members States, but it is also of high importance for a transparent and effective market based-spectrum policy. Member States may need extra time to fulfil the requirements of making available this type of information. |
| --- | --- |

(9)

The provision of information regarding rights of use may require a particular effort by Members States, but it is also of high importance for a transparent and effective market based-spectrum policy. Member States may need extra time to fulfil the requirements of making available this type of information.

| (10) | Easy access to the information should be guaranteed to all interested parties, subject to compliance with Community rules on business confidentiality in particular to the provisions of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (5). |
| --- | --- |

(10)

Easy access to the information should be guaranteed to all interested parties, subject to compliance with Community rules on business confidentiality in particular to the provisions of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (5).

| (11) | This Decision should be implemented and applied in full compliance with the principles and requirements relating to the protection of personal data in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data (6) and in accordance with Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (7). |
| --- | --- |

(11)

This Decision should be implemented and applied in full compliance with the principles and requirements relating to the protection of personal data in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data (6) and in accordance with Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (7).

| (12) | The effectiveness of EFIS for Member States and the public should be reviewed from time to time to ensure that the objectives listed in the mandate are being implemented effectively. |
| --- | --- |

(12)

The effectiveness of EFIS for Member States and the public should be reviewed from time to time to ensure that the objectives listed in the mandate are being implemented effectively.

| (13) | The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee, |
| --- | --- |

(13)

The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,

HAS ADOPTED THIS DECISION:

Article 1

The purpose of this Decision is to harmonise the availability of information on the use of radio spectrum in the Community through a common information point and by the harmonisation of the format and content of such information.

Article 2

Member States shall use the ERO Frequency Information System (EFIS) set up by the European Radiocommunications Office (ERO) as a common access point, in order to make comparable information regarding the use of spectrum in each Member State available to the public via the Internet.

Article 3

1.   Member States shall provide to EFIS the following information regarding the use of radio spectrum on their territory:

| (a) | for each frequency band individually:






  — | Service Allocations as defined by the Radio Regulations of the International Telecommunications Union (ITU), |
| --- | --- | --- |

(a)

for each frequency band individually:

—

Service Allocations as defined by the Radio Regulations of the International Telecommunications Union (ITU),

| — | applications using the choice of terms available in EFIS, |
| --- | --- |

—

applications using the choice of terms available in EFIS,

| — | Radio Interface Specifications according to the format in Annex I, |
| --- | --- |

—

Radio Interface Specifications according to the format in Annex I,

| — | Individual Rights of Use in accordance with Annex II; |
| --- | --- |

—

Individual Rights of Use in accordance with Annex II;

| (b) | for use of radio spectrum in general:






  — | national contact point capable of answering inquiries from the public related to finding national spectrum information not included in the European spectrum information portal as well as information on procedures and conditions applicable to any envisaged national assignment process for rights of use, |
| --- | --- | --- |

(b)

for use of radio spectrum in general:

—

national contact point capable of answering inquiries from the public related to finding national spectrum information not included in the European spectrum information portal as well as information on procedures and conditions applicable to any envisaged national assignment process for rights of use,

| — | if available, national spectrum policy and strategy in the form of a report. |
| --- | --- |

—

if available, national spectrum policy and strategy in the form of a report.

2.   Member States shall update the information referred to in paragraph 1 at least once a year until 1 January 2010 and twice per year thereafter. This shall be executed either through manual entry of data via the Internet or through automatic uploading facilities using a specified format for data exchange.

Article 4

Member States shall inform the Commission if they consider that EFIS is no longer able to provide the technical capacity, integrity and reliability to justify its use as a common information point.

Article 5

This Decision shall enter into force on 1 January 2008.

The provision of information on Individual Rights of Use shall apply from 1 January 2010.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 16 May 2007.

For the Commission

Viviane REDING

Member of the Commission

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(1)  OJ L 108, 24.4.2002, p. 1.

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(2)  Study on information on the allocation, availability and use of radio spectrum in the Community, IDATE, February 2005.

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(3)  ERO is an international organisation established through the Convention for the Establishment of the European Radio Communications Office signed at The Hague on 23 June 1993.

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(4)  OJ L 91, 7.4.1999, p. 10. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

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(5)  OJ L 108, 24.4.2002, p. 33.

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(6)  OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003.

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(7)  OJ L 201, 31.7.2002, p. 37. Directive as amended by Directive 2006/24/EC (OJ L 105, 13.4.2006, p. 54).

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ANNEX I

Format for Radio Interface Specifications

Member States shall provide either by reference to the relevant standard or descriptive text and any comments as necessary, regarding the following parameters:

| 1. | channelling; |
| --- | --- |

1.

channelling;

| 2. | modulation/occupied bandwidth; |
| --- | --- |

2.

modulation/occupied bandwidth;

| 3. | direction/separation; |
| --- | --- |

3.

direction/separation;

| 4. | transmit power/power density; |
| --- | --- |

4.

transmit power/power density;

| 5. | channel access and occupation rules; |
| --- | --- |

5.

channel access and occupation rules;

| 6. | authorisation regime; |
| --- | --- |

6.

authorisation regime;

| 7. | additional essential requirements according to Article 3(3) of Directive 1999/5/EC; |
| --- | --- |

7.

additional essential requirements according to Article 3(3) of Directive 1999/5/EC;

| 8. | frequency planning assumptions. |
| --- | --- |

8.

frequency planning assumptions.

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ANNEX II

Format for Information on Rights of Use

Information on Rights of Use may be limited to frequency bands used for the provision of electronic communications services, which are tradable in accordance with Article 9.3 of Directive 2002/21/EC or which are granted through competitive or comparative selection procedures pursuant to Directive 2002/20/EC.

For relevant frequency bands Member States shall provide in accordance with the requirements of Directive 95/46/EC and Directive 2002/58/EC and Community and national rules on business confidentiality, the following information:

| 1. | the identity of the radio frequency right holder; |
| --- | --- |

1.

the identity of the radio frequency right holder;

| 2. | the expiry date of the right or, in the case where there is none, the expected duration; |
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2.

the expiry date of the right or, in the case where there is none, the expected duration;

| 3. | the geographic validity of the right by at least providing the information whether the right is local (i.e. one station), regional or nation-wide; |
| --- | --- |

3.

the geographic validity of the right by at least providing the information whether the right is local (i.e. one station), regional or nation-wide;

| 4. | an indication of whether or not the right is tradable. |
| --- | --- |

4.

an indication of whether or not the right is tradable.

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