# Official Journal L 68/2007

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 68 |
| | |
| English edition | Legislation | Volume 508 March 2007 |

ISSN 1725-2555

Official Journal

of the European Union

L 68

English edition

Legislation

Volume 508 March 2007

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 241/2007 of 7 March 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 241/2007 of 7 March 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Council |
| | | 2007/154/EC |
| | * | Council Decision of 30 January 2007 abrogating Decision 2003/487/EC on the existence of an excessive deficit in France | 3 |
| | | 2007/155/EC |
| | * | Council Decision of 5 March 2007 amending Decision 2000/265/EC on the establishment of a financial regulation governing the budgetary aspects of the management by the Deputy Secretary-General of the Council, of contracts concluded in his name, on behalf of certain Member States, relating to the installation and the functioning of the communication infrastructure or the Schengen environment (SISNET) | 5 |
| | | Commission |
| | | 2007/156/EC |
| | * | Commission Decision of 7 March 2007 amending Decision 2005/51/EC as regards the period during which soil contaminated by pesticides or persistent organic pollutants may be introduced into the Community for decontamination purposes
  (notified under document number C(2007) 663) | 7 |
| | | 2007/157/EC |
| | * | Commission Decision of 7 March 2007 repealing Decision 2005/317/EC on emergency measures regarding the non-authorised genetically modified organism Bt10 in maize products
  (notified under document number C(2007) 674)

   (
  1
  ) | 8 |
| | | 2007/158/EC |
| | * | Commission Decision of 7 March 2007 amending Decisions 2003/804/EC and 2003/858/EC, as regards importation of live fish and molluscs intended for human consumption from third countries listed in Regulation (EC) No 2076/2005
  (notified under document number C(2007) 682)

   (
  1
  ) | 10 |

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

DECISIONS

Council

2007/154/EC

*

Council Decision of 30 January 2007 abrogating Decision 2003/487/EC on the existence of an excessive deficit in France

3

2007/155/EC

*

Council Decision of 5 March 2007 amending Decision 2000/265/EC on the establishment of a financial regulation governing the budgetary aspects of the management by the Deputy Secretary-General of the Council, of contracts concluded in his name, on behalf of certain Member States, relating to the installation and the functioning of the communication infrastructure or the Schengen environment (SISNET)

5

Commission

2007/156/EC

*

Commission Decision of 7 March 2007 amending Decision 2005/51/EC as regards the period during which soil contaminated by pesticides or persistent organic pollutants may be introduced into the Community for decontamination purposes
  (notified under document number C(2007) 663)

(notified under document number C(2007) 663)

7

2007/157/EC

*

Commission Decision of 7 March 2007 repealing Decision 2005/317/EC on emergency measures regarding the non-authorised genetically modified organism Bt10 in maize products
  (notified under document number C(2007) 674)

   (
  1
  )

(notified under document number C(2007) 674)

1

8

2007/158/EC

*

Commission Decision of 7 March 2007 amending Decisions 2003/804/EC and 2003/858/EC, as regards importation of live fish and molluscs intended for human consumption from third countries listed in Regulation (EC) No 2076/2005
  (notified under document number C(2007) 682)

   (
  1
  )

(notified under document number C(2007) 682)

1

10

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

| 8.3.2007 | EN | Official Journal of the European Union | L 68/1 |
| --- | --- | --- | --- |

8.3.2007

EN

Official Journal of the European Union

L 68/1

---

COMMISSION REGULATION (EC) No 241/2007

of 7 March 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 8 March 2007.

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

Done at Brussels, 7 March 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 7 March 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 | IL | 121,1 |
| MA | 52,8 |
| TN | 148,3 |
| TR | 148,9 |
| ZZ | 117,8 |
| 0707 00 05 | JO | 163,6 |
| MA | 67,2 |
| TR | 129,8 |
| ZZ | 120,2 |
| 0709 90 70 | MA | 70,9 |
| TR | 69,3 |
| ZZ | 70,1 |
| 0709 90 80 | IL | 140,6 |
| ZZ | 140,6 |
| 0805 10 20 | CU | 36,7 |
| EG | 54,9 |
| IL | 58,0 |
| MA | 42,7 |
| TN | 46,5 |
| TR | 67,5 |
| ZZ | 51,1 |
| 0805 50 10 | EG | 58,8 |
| IL | 64,3 |
| TR | 43,3 |
| ZZ | 55,5 |
| 0808 10 80 | AR | 85,6 |
| BR | 81,3 |
| CA | 99,2 |
| CL | 102,7 |
| CN | 92,7 |
| US | 116,5 |
| UY | 63,9 |
| ZA | 101,9 |
| ZZ | 93,0 |
| 0808 20 50 | AR | 75,8 |
| CL | 68,9 |
| CN | 75,5 |
| US | 110,6 |
| ZA | 76,9 |
| ZZ | 81,5 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

121,1

MA

52,8

TN

148,3

TR

148,9

ZZ

117,8

0707 00 05

JO

163,6

MA

67,2

TR

129,8

ZZ

120,2

0709 90 70

MA

70,9

TR

69,3

ZZ

70,1

0709 90 80

IL

140,6

ZZ

140,6

0805 10 20

CU

36,7

EG

54,9

IL

58,0

MA

42,7

TN

46,5

TR

67,5

ZZ

51,1

0805 50 10

EG

58,8

IL

64,3

TR

43,3

ZZ

55,5

0808 10 80

AR

85,6

BR

81,3

CA

99,2

CL

102,7

CN

92,7

US

116,5

UY

63,9

ZA

101,9

ZZ

93,0

0808 20 50

AR

75,8

CL

68,9

CN

75,5

US

110,6

ZA

76,9

ZZ

81,5

---

(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’.

---

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

DECISIONS

Council

| 8.3.2007 | EN | Official Journal of the European Union | L 68/3 |
| --- | --- | --- | --- |

8.3.2007

EN

Official Journal of the European Union

L 68/3

---

COUNCIL DECISION

of 30 January 2007

abrogating Decision 2003/487/EC on the existence of an excessive deficit in France

(2007/154/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 104(12) thereof,

Having regard to the recommendation from the Commission,

Whereas:

| (1) | By Decision 2003/487/EC (1), following a recommendation from the Commission in accordance with Article 104(6) of the Treaty, it was decided that an excessive deficit existed in France. The Council noted that the general government deficit was 3,1 % of GDP in 2002, above the 3 % of GDP Treaty reference value, and projected both by the French authorities and the Commission services to be above 3 % in 2003, while the general government gross debt stood at 58,2 % of GDP, and was very likely to breach the 60 % Treaty reference value in 2003. |
| --- | --- |

(1)

By Decision 2003/487/EC (1), following a recommendation from the Commission in accordance with Article 104(6) of the Treaty, it was decided that an excessive deficit existed in France. The Council noted that the general government deficit was 3,1 % of GDP in 2002, above the 3 % of GDP Treaty reference value, and projected both by the French authorities and the Commission services to be above 3 % in 2003, while the general government gross debt stood at 58,2 % of GDP, and was very likely to breach the 60 % Treaty reference value in 2003.

| (2) | On 3 June 2003, in accordance with Article 104(7) of the Treaty and Article 3(4) of Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (2) (EDP), the Council made a recommendation, based on a recommendation from the Commission, addressed to France with a view to bringing the excessive deficit situation to an end by 2004. The recommendation was made public. |
| --- | --- |

(2)

On 3 June 2003, in accordance with Article 104(7) of the Treaty and Article 3(4) of Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (2) (EDP), the Council made a recommendation, based on a recommendation from the Commission, addressed to France with a view to bringing the excessive deficit situation to an end by 2004. The recommendation was made public.

| (3) | In October 2003, the Commission considered that the measures taken by France had been insufficient to comply with the recommendation of 3 June 2003 and recommended that the excessive deficit procedure be stepped up. Instead, on 25 November 2003, the Council adopted conclusions addressing recommendations to France for the correction of the deficit by 2005, which were annulled by the Court of Justice of the European Communities on 13 July 2004 (3). On 14 December 2004, the Commission adopted a Communication to the Council which concluded that 2005 should be considered as the relevant deadline for the correction. It also concluded that actions taken by France until then were broadly consistent with a correction of the excessive deficit by 2005, based on an adjustment in cyclically adjusted terms of some 1 % of GDP over 2004 and 2005. On 18 January 2005, the Council concurred with this view. |
| --- | --- |

(3)

In October 2003, the Commission considered that the measures taken by France had been insufficient to comply with the recommendation of 3 June 2003 and recommended that the excessive deficit procedure be stepped up. Instead, on 25 November 2003, the Council adopted conclusions addressing recommendations to France for the correction of the deficit by 2005, which were annulled by the Court of Justice of the European Communities on 13 July 2004 (3). On 14 December 2004, the Commission adopted a Communication to the Council which concluded that 2005 should be considered as the relevant deadline for the correction. It also concluded that actions taken by France until then were broadly consistent with a correction of the excessive deficit by 2005, based on an adjustment in cyclically adjusted terms of some 1 % of GDP over 2004 and 2005. On 18 January 2005, the Council concurred with this view.

| (4) | In accordance with Article 104(12) of the Treaty, a Council Decision on the existence of an excessive deficit is to be abrogated when the excessive deficit in the Member State concerned has, in the view of the Council, been corrected. |
| --- | --- |

(4)

In accordance with Article 104(12) of the Treaty, a Council Decision on the existence of an excessive deficit is to be abrogated when the excessive deficit in the Member State concerned has, in the view of the Council, been corrected.

| (5) | In accordance with the Protocol on the excessive deficit procedure annexed to the Treaty, the Commission provides the data for the implementation of the procedure. As part of the application of this Protocol, Member States are to notify data on government deficits and debt and other associated variables twice a year, namely before 1 April and before 1 October, in accordance with Article 4 of Council Regulation (EC) No 3605/93 of 22 November 1993 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (4). |
| --- | --- |

(5)

In accordance with the Protocol on the excessive deficit procedure annexed to the Treaty, the Commission provides the data for the implementation of the procedure. As part of the application of this Protocol, Member States are to notify data on government deficits and debt and other associated variables twice a year, namely before 1 April and before 1 October, in accordance with Article 4 of Council Regulation (EC) No 3605/93 of 22 November 1993 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (4).

| (6) | Based on data provided by the Commission (Eurostat) in accordance with Article 8g(1) of Regulation (EC) No 3605/93 following the notification by France before 1 October 2006 and on the Commission services' autumn 2006 forecast, the following conclusions are warranted:






  — | the general government deficit, after rising from 3,2 % of GDP in 2002 to 4,2 % of GDP in 2003, was reduced to 3,7 % of GDP in 2004 and further to 2,9 % of GDP in 2005, which is below the 3 % of GDP deficit reference value, |
| --- | --- | --- |

(6)

Based on data provided by the Commission (Eurostat) in accordance with Article 8g(1) of Regulation (EC) No 3605/93 following the notification by France before 1 October 2006 and on the Commission services' autumn 2006 forecast, the following conclusions are warranted:

—

the general government deficit, after rising from 3,2 % of GDP in 2002 to 4,2 % of GDP in 2003, was reduced to 3,7 % of GDP in 2004 and further to 2,9 % of GDP in 2005, which is below the 3 % of GDP deficit reference value,

| — | over the period 2004 to 2005, the structural adjustment (namely, the improvement in the cyclically adjusted balance net of one-off and other temporary measures) reached 1 percentage point of GDP: 0,4 % in 2004 and 0,6 % in 2005. Indeed, although the reduction in the headline deficit in 2005 below the 3 % Treaty reference value benefited from substantial one-off revenues and higher-than-expected tax revenues, the deficit reduction was also driven by a better expenditure control at the State and health-care sector levels. In particular, the annual increase in spending in the health-care sector was drastically reduced compared to previous years as the measures decided as part of the 2004 health-care reform are bearing fruit, |
| --- | --- |

—

over the period 2004 to 2005, the structural adjustment (namely, the improvement in the cyclically adjusted balance net of one-off and other temporary measures) reached 1 percentage point of GDP: 0,4 % in 2004 and 0,6 % in 2005. Indeed, although the reduction in the headline deficit in 2005 below the 3 % Treaty reference value benefited from substantial one-off revenues and higher-than-expected tax revenues, the deficit reduction was also driven by a better expenditure control at the State and health-care sector levels. In particular, the annual increase in spending in the health-care sector was drastically reduced compared to previous years as the measures decided as part of the 2004 health-care reform are bearing fruit,

| — | for 2006, the Commission services' autumn 2006 forecast projects the deficit as being reduced further to 2,7 % of GDP, better than the target set in the January 2006 update of the stability programme (2,9 %). The deficit reduction is expected to be driven by a further fall of the annual spending growth rate in the health-care sector and the continuous expenditure control at State level which is expected to meet its target of zero volume expenditure growth. The recourse to one-offs would be limited to 1/4 % of GDP. The autumn forecast projects for 2007 a further decline in the deficit to 2,6 % of GDP (with a recourse to one-offs limited to 0,05 % of GDP) and 2,2 % of GDP in 2008 (on a no-policy change basis and without one-offs). This indicates that the deficit-to-GDP ratio has been brought below the 3 % of GDP ceiling in a credible and sustainable manner. The improvement in the structural balance (the cyclically adjusted balance net of one-offs) is estimated at 0,5 %, 0,3 % and 0,6 % of GDP in 2006, 2007 and 2008, respectively. This also has to be seen against the progress needed towards the medium-term objective (MTO) of a balanced structural position as set by the French authorities, |
| --- | --- |

—

for 2006, the Commission services' autumn 2006 forecast projects the deficit as being reduced further to 2,7 % of GDP, better than the target set in the January 2006 update of the stability programme (2,9 %). The deficit reduction is expected to be driven by a further fall of the annual spending growth rate in the health-care sector and the continuous expenditure control at State level which is expected to meet its target of zero volume expenditure growth. The recourse to one-offs would be limited to 1/4 % of GDP. The autumn forecast projects for 2007 a further decline in the deficit to 2,6 % of GDP (with a recourse to one-offs limited to 0,05 % of GDP) and 2,2 % of GDP in 2008 (on a no-policy change basis and without one-offs). This indicates that the deficit-to-GDP ratio has been brought below the 3 % of GDP ceiling in a credible and sustainable manner. The improvement in the structural balance (the cyclically adjusted balance net of one-offs) is estimated at 0,5 %, 0,3 % and 0,6 % of GDP in 2006, 2007 and 2008, respectively. This also has to be seen against the progress needed towards the medium-term objective (MTO) of a balanced structural position as set by the French authorities,

| — | after rising from 58,2 % of GDP in 2002 to 66,6 % of GDP in 2005, breaching the 60 % of GDP Treaty reference value in 2003, the debt-to-GDP ratio decreased to 65,4 % of GDP in the second quarter of 2006. According to the Commission services' autumn 2006 forecast, the general government gross debt is expected to fall further to 64,7 % of GDP in 2006 and around 63 % of GDP by 2008 (on a no-policy change basis). |
| --- | --- |

—

after rising from 58,2 % of GDP in 2002 to 66,6 % of GDP in 2005, breaching the 60 % of GDP Treaty reference value in 2003, the debt-to-GDP ratio decreased to 65,4 % of GDP in the second quarter of 2006. According to the Commission services' autumn 2006 forecast, the general government gross debt is expected to fall further to 64,7 % of GDP in 2006 and around 63 % of GDP by 2008 (on a no-policy change basis).

| (7) | In the view of the Council, the excessive deficit in France has been corrected and Decision 2003/487/EC should therefore be abrogated, |
| --- | --- |

(7)

In the view of the Council, the excessive deficit in France has been corrected and Decision 2003/487/EC should therefore be abrogated,

HAS ADOPTED THIS DECISION:

Article 1

From an overall assessment it follows that the excessive deficit situation in France has been corrected.

Article 2

Decision 2003/487/EC is hereby abrogated.

Article 3

This Decision is addressed to the French Republic.

Done at Brussels, 30 January 2007.

For the Council

The President

P. STEINBRÜCK

---

(1)  
  OJ L 165, 3.7.2003, p. 29.

1

(2)  
  OJ L 209, 2.8.1997, p. 6. Regulation as amended by Regulation (EC) No 1056/2005 (OJ L 174, 7.7.2005, p. 5).

2

(3)  Case C-27/04, Commission vs Council, [2004] ECR I-6649.

3

(4)  
  OJ L 332, 31.12.1993, p. 7. Regulation as last amended by Regulation (EC) No 2103/2005 (OJ L 337, 22.12.2005, p. 1).

4

---

| 8.3.2007 | EN | Official Journal of the European Union | L 68/5 |
| --- | --- | --- | --- |

8.3.2007

EN

Official Journal of the European Union

L 68/5

---

COUNCIL DECISION

of 5 March 2007

amending Decision 2000/265/EC on the establishment of a financial regulation governing the budgetary aspects of the management by the Deputy Secretary-General of the Council, of contracts concluded in his name, on behalf of certain Member States, relating to the installation and the functioning of the communication infrastructure or the Schengen environment (‘SISNET’)

(2007/155/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and in particular first sentence of the second subparagraph of Article 2(1) thereof,

Whereas:

| (1) | The Deputy Secretary-General of the Council was authorised by Decision 1999/870/EC (1) and Decision 2007/149/EC (2) to act, in the context of the integration of the Schengen acquis within the European Union, as representative of certain Member States for the purposes of concluding contracts relating to the installation and the functioning of the communication infrastructure for the Schengen environment (‘SISNET’) and to manage such contracts, pending the migration to a communication infrastructure at the charge of the European Community. |
| --- | --- |

(1)

The Deputy Secretary-General of the Council was authorised by Decision 1999/870/EC (1) and Decision 2007/149/EC (2) to act, in the context of the integration of the Schengen acquis within the European Union, as representative of certain Member States for the purposes of concluding contracts relating to the installation and the functioning of the communication infrastructure for the Schengen environment (‘SISNET’) and to manage such contracts, pending the migration to a communication infrastructure at the charge of the European Community.

| (2) | The financial obligations arising under those contracts are borne by a specific budget (hereinafter ‘the SISNET budget’) financing the communication infrastructure referred to in those Council Decisions. |
| --- | --- |

(2)

The financial obligations arising under those contracts are borne by a specific budget (hereinafter ‘the SISNET budget’) financing the communication infrastructure referred to in those Council Decisions.

| (3) | The new Member States, within the meaning of the 2003 Act of Accession, with the exception of Cyprus, are to be integrated into the first generation Schengen Information System (SIS 1+) on a date to be set by the Council in accordance with Article 3(2) of the 2003 Act of Accession, (hereinafter the ‘SISone4ALL project’). |
| --- | --- |

(3)

The new Member States, within the meaning of the 2003 Act of Accession, with the exception of Cyprus, are to be integrated into the first generation Schengen Information System (SIS 1+) on a date to be set by the Council in accordance with Article 3(2) of the 2003 Act of Accession, (hereinafter the ‘SISone4ALL project’).

| (4) | From that date, those Member States should participate in the budget. |
| --- | --- |

(4)

From that date, those Member States should participate in the budget.

| (5) | Two Member States, Ireland and the United Kingdom, which contribute to the SISNET budget, but which are not connected to the Schengen Information System, should not contribute to additional costs entailed by the SISone4ALL project, |
| --- | --- |

(5)

Two Member States, Ireland and the United Kingdom, which contribute to the SISNET budget, but which are not connected to the Schengen Information System, should not contribute to additional costs entailed by the SISone4ALL project,

HAS DECIDED AS FOLLOWS:

Article 1

Decision 2000/265/EC (3) is hereby amended as follows:

| 1. | Article 1 shall be replaced by the following:

  ‘Article 1

  1.   For the purposes of this Financial Regulation, the budget is the instrument which sets out forecasts of, and authorises in advance, for each financial year, the revenue and expenditure required to meet the obligations arising under the contracts referred to in Decision 1999/870/EC and Decision 2007/149/EC (*1).


  2.   For the purposes of this Financial Regulation, the reference to “SISNET” comprises the Communication infrastructure for the Schengen environment as referred to in Decision 1999/870/EC and Decision 2007/149/EC.



  (*1)  
  OJ L 66, 6.3.2007, p. 19.’;" |
| --- | --- |

1.

Article 1 shall be replaced by the following:

‘Article 1

1.   For the purposes of this Financial Regulation, the budget is the instrument which sets out forecasts of, and authorises in advance, for each financial year, the revenue and expenditure required to meet the obligations arising under the contracts referred to in Decision 1999/870/EC and Decision 2007/149/EC (*1).

2.   For the purposes of this Financial Regulation, the reference to “SISNET” comprises the Communication infrastructure for the Schengen environment as referred to in Decision 1999/870/EC and Decision 2007/149/EC.

(*1)  
  OJ L 66, 6.3.2007, p. 19.’;"

*1

| 2. | Article 25(1) shall be replaced by the following:

  ‘1.   Budget revenue shall consist of financial contributions from the following Member States: Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, United Kingdom, as well as Norway and Iceland.’; |
| --- | --- |

2.

Article 25(1) shall be replaced by the following:

‘1.   Budget revenue shall consist of financial contributions from the following Member States: Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, United Kingdom, as well as Norway and Iceland.’;

| 3. | A new sentence shall be added to Article 26:
  ‘The additional costs resulting from the extension of the communication infrastructure to the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia shall not be borne by Ireland or the United Kingdom.’; |
| --- | --- |

3.

A new sentence shall be added to Article 26:

‘The additional costs resulting from the extension of the communication infrastructure to the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia shall not be borne by Ireland or the United Kingdom.’;

| 4. | A new paragraph shall be added to Article 28:

  ‘3.   By way of derogation from paragraph 1, and without prejudice to the provisions of Article 49, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia shall be required to pay their initial contributions in accordance with a schedule to be determined by the Member States referred to in Article 25.’; |
| --- | --- |

4.

A new paragraph shall be added to Article 28:

‘3.   By way of derogation from paragraph 1, and without prejudice to the provisions of Article 49, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia shall be required to pay their initial contributions in accordance with a schedule to be determined by the Member States referred to in Article 25.’;

| 5. | Article 29 shall be amended as follows:






  (a) | paragraphs 2 and 3 shall be replaced by the following:

  ‘2.   All such contracts for which the estimated value equals or exceeds the thresholds set out in Directive 2004/2018/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (*2) shall be concluded in accordance with the provisions of that Directive (hereinafter the ‘Directive on public procurement’).


  3.   Contracts for which the estimated value of the contract in question does not exceed the thresholds set out in the Directive on public procurement may be made by private treaty. In such cases, the Member States referred to in Article 25 shall none the less be bound, as far as possible and by all appropriate means, to enable suppliers who are likely to be able to supply the goods and services in question to compete.


  (*2)  
  OJ L 134, 30.4.2004, p. 114. Directive as last amended by Council Directive 2006/97/EC (OJ L 363, 20.12.2006, p. 107).’;" |
| --- | --- | --- |

5.

Article 29 shall be amended as follows:

(a)

paragraphs 2 and 3 shall be replaced by the following:

‘2.   All such contracts for which the estimated value equals or exceeds the thresholds set out in Directive 2004/2018/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (*2) shall be concluded in accordance with the provisions of that Directive (hereinafter the ‘Directive on public procurement’).

3.   Contracts for which the estimated value of the contract in question does not exceed the thresholds set out in the Directive on public procurement may be made by private treaty. In such cases, the Member States referred to in Article 25 shall none the less be bound, as far as possible and by all appropriate means, to enable suppliers who are likely to be able to supply the goods and services in question to compete.

(*2)  
  OJ L 134, 30.4.2004, p. 114. Directive as last amended by Council Directive 2006/97/EC (OJ L 363, 20.12.2006, p. 107).’;"

*2

| (b) | paragraph 5 shall be replaced by the following:

  ‘5.   The tendering procedures and selection and award criteria shall be determined and governed by the provisions of the Directive on public procurement, as supplemented by the provisions of this Financial Regulation.’; |
| --- | --- |

(b)

paragraph 5 shall be replaced by the following:

‘5.   The tendering procedures and selection and award criteria shall be determined and governed by the provisions of the Directive on public procurement, as supplemented by the provisions of this Financial Regulation.’;

| 6. | The fifth subparagraph of Article 37 shall be replaced by the following:
  ‘The Advisory Committee shall endeavour to adopt its opinions by consensus. If such consensus is not possible, the Advisory Committee shall adopt its opinions by a simple majority of its representatives. A quorum of 19 shall be required for the proceedings to be valid. In the event of a tied vote, the Chairman shall have the casting vote.’; |
| --- | --- |

6.

The fifth subparagraph of Article 37 shall be replaced by the following:

‘The Advisory Committee shall endeavour to adopt its opinions by consensus. If such consensus is not possible, the Advisory Committee shall adopt its opinions by a simple majority of its representatives. A quorum of 19 shall be required for the proceedings to be valid. In the event of a tied vote, the Chairman shall have the casting vote.’;

| 7. | Article 39(a) shall be replaced by the following:






  ‘(a) | all proposed contracts for supplies or services, including studies, for which the estimated value equals or exceeds the thresholds in the Directive on public procurement;’ |
| --- | --- | --- |

7.

Article 39(a) shall be replaced by the following:

‘(a)

all proposed contracts for supplies or services, including studies, for which the estimated value equals or exceeds the thresholds in the Directive on public procurement;’

| 8. | Article 43(4) shall be replaced by the following:

  ‘4.   The provision of such security shall be obligatory where the value of the contract concerned equals or exceeds the thresholds set out in the Directive on public procurement.’; |
| --- | --- |

8.

Article 43(4) shall be replaced by the following:

‘4.   The provision of such security shall be obligatory where the value of the contract concerned equals or exceeds the thresholds set out in the Directive on public procurement.’;

| 9. | Article 49(c) shall be replaced by the following:






  ‘(c) | adjustment of the contributions of the States referred to in Article 25 in order to establish the proportion of earlier SISNET installation costs to be borne by the other State. This percentage shall be calculated on the basis of the ratio of the VAT resources paid by the other State to the total VAT resources of the European Communities for the earlier financial years in which the necessary SISNET installation costs have been incurred. If no data on VAT resources is available, the adjustment of contributions shall be calculated on the basis of the share of each Member State concerned in the total GDP of all the Member States referred to in Article 25. The percentage contribution shall be the subject of a ‘credit note’ to the States referred to in Article 25 for an amount pro rata to their share as calculated in accordance with Article 26. The other States may choose to allocate the amount concerned towards their share of the budget or request reimbursement.’ |
| --- | --- | --- |

9.

Article 49(c) shall be replaced by the following:

‘(c)

adjustment of the contributions of the States referred to in Article 25 in order to establish the proportion of earlier SISNET installation costs to be borne by the other State. This percentage shall be calculated on the basis of the ratio of the VAT resources paid by the other State to the total VAT resources of the European Communities for the earlier financial years in which the necessary SISNET installation costs have been incurred. If no data on VAT resources is available, the adjustment of contributions shall be calculated on the basis of the share of each Member State concerned in the total GDP of all the Member States referred to in Article 25. The percentage contribution shall be the subject of a ‘credit note’ to the States referred to in Article 25 for an amount pro rata to their share as calculated in accordance with Article 26. The other States may choose to allocate the amount concerned towards their share of the budget or request reimbursement.’

Article 2

This Decision shall take effect from the date of its adoption.

Article 3

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

Done at Brussels, 5 March 2007.

For the Council

The President

F.-W. STEINMEIER

---

(1)  
  OJ L 337, 30.12.1999, p. 41.

1

(2)  
  OJ L 66, 6.3.2007, p. 19.

2

(3)  
  OJ L 85, 6.4.2000, p. 12. Decision as last amended by Decision 2003/171/EC (OJ L 69, 13.3.2003, p. 25).

3

---

Commission

| 8.3.2007 | EN | Official Journal of the European Union | L 68/7 |
| --- | --- | --- | --- |

8.3.2007

EN

Official Journal of the European Union

L 68/7

---

COMMISSION DECISION

of 7 March 2007

amending Decision 2005/51/EC as regards the period during which soil contaminated by pesticides or persistent organic pollutants may be introduced into the Community for decontamination purposes

(notified under document number C(2007) 663)

(2007/156/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Article 15(1) thereof,

Whereas:

| (1) | By way of derogation from Directive 2000/29/EC, Commission Decision 2005/51/EC of 21 January 2005 authorising Member States temporarily to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of the importation of soil contaminated by pesticides or persistent organic pollutants for decontamination purposes (2) authorises, for a limited period, Member States participating in the United Nations Food and Agriculture Organisation (FAO) programme on prevention and disposal of obsolete and unwanted pesticides to permit the introduction of soil contaminated by such pesticides into the Community for treatment in dedicated hazardous waste incinerators. |
| --- | --- |

(1)

By way of derogation from Directive 2000/29/EC, Commission Decision 2005/51/EC of 21 January 2005 authorising Member States temporarily to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of the importation of soil contaminated by pesticides or persistent organic pollutants for decontamination purposes (2) authorises, for a limited period, Member States participating in the United Nations Food and Agriculture Organisation (FAO) programme on prevention and disposal of obsolete and unwanted pesticides to permit the introduction of soil contaminated by such pesticides into the Community for treatment in dedicated hazardous waste incinerators.

| (2) | Since the implementation of that programme has been delayed, the period during which contaminated soil may be introduced under the authorisation granted by Decision 2005/51/EC should be extended. |
| --- | --- |

(2)

Since the implementation of that programme has been delayed, the period during which contaminated soil may be introduced under the authorisation granted by Decision 2005/51/EC should be extended.

| (3) | Decision 2005/51/EC should therefore be amended accordingly. |
| --- | --- |

(3)

Decision 2005/51/EC should therefore be amended accordingly.

| (4) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health, |
| --- | --- |

(4)

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

HAS ADOPTED THIS DECISION:

Article 1

In the second paragraph of Article 1 of Decision 2005/51/EC the words ‘28 February 2007’ are replaced by the words ‘28 February 2009’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 7 March 2007.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2006/35/EC (OJ L 88, 25.3.2006, p. 9).

1

(2)  
  OJ L 21, 25.1.2005, p. 21.

2

---

| 8.3.2007 | EN | Official Journal of the European Union | L 68/8 |
| --- | --- | --- | --- |

8.3.2007

EN

Official Journal of the European Union

L 68/8

---

COMMISSION DECISION

of 7 March 2007

repealing Decision 2005/317/EC on emergency measures regarding the non-authorised genetically modified organism Bt10 in maize products

(notified under document number C(2007) 674)

(Text with EEA relevance)

(2007/157/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1) thereof,

Whereas:

| (1) | Article 53 of Regulation (EC) No 178/2002 provides for the possibility to adopt appropriate Community emergency measures for food and feed imported from a third country in order to protect human health, animal health or the environment, where the risk cannot be contained satisfactorily by means of measures taken by the Member States concerned. |
| --- | --- |

(1)

Article 53 of Regulation (EC) No 178/2002 provides for the possibility to adopt appropriate Community emergency measures for food and feed imported from a third country in order to protect human health, animal health or the environment, where the risk cannot be contained satisfactorily by means of measures taken by the Member States concerned.

| (2) | After being informed by the authorities of the United States of America that maize products contaminated with the unauthorised genetically modified maize called Bt10 were likely to have been exported to the Community and in view of the European Food Safety Authority statement concluding that in the absence of sufficiently comprehensive data it was impossible to carry out a full risk assessment of Bt10 in accordance with the standards laid down in Regulation (EC) No 1829/2003 of the European Parliament and of the Council (2), the Commission adopted on 18 April 2005 Decision 2005/317/EC on emergency measures regarding the non-authorised genetically modified organism Bt10 in maize products (3). |
| --- | --- |

(2)

After being informed by the authorities of the United States of America that maize products contaminated with the unauthorised genetically modified maize called Bt10 were likely to have been exported to the Community and in view of the European Food Safety Authority statement concluding that in the absence of sufficiently comprehensive data it was impossible to carry out a full risk assessment of Bt10 in accordance with the standards laid down in Regulation (EC) No 1829/2003 of the European Parliament and of the Council (2), the Commission adopted on 18 April 2005 Decision 2005/317/EC on emergency measures regarding the non-authorised genetically modified organism Bt10 in maize products (3).

| (3) | Decision 2005/317/EC requires that consignments of maize products originating from the United States of America and likely to be contaminated (namely corn gluten feed and brewers grains for feed use) may be placed on the market only if an analytical report demonstrating that the products are not contaminated with genetically modified maize Bt10 is provided. |
| --- | --- |

(3)

Decision 2005/317/EC requires that consignments of maize products originating from the United States of America and likely to be contaminated (namely corn gluten feed and brewers grains for feed use) may be placed on the market only if an analytical report demonstrating that the products are not contaminated with genetically modified maize Bt10 is provided.

| (4) | In order to ensure proportionality and to avoid any restriction of trade going beyond what is required to protect human health, animal health or the environment, Decision 2005/317/EC contains a review clause to assess whether the emergency measures were still necessary. |
| --- | --- |

(4)

In order to ensure proportionality and to avoid any restriction of trade going beyond what is required to protect human health, animal health or the environment, Decision 2005/317/EC contains a review clause to assess whether the emergency measures were still necessary.

| (5) | The measures were reviewed twice in October 2005 and March 2006 and, in consultation with the Member States the Commission concluded that they should remain in place until further information on exports of maize products likely to be contaminated with Bt10 was available. |
| --- | --- |

(5)

The measures were reviewed twice in October 2005 and March 2006 and, in consultation with the Member States the Commission concluded that they should remain in place until further information on exports of maize products likely to be contaminated with Bt10 was available.

| (6) | According to the analytical data provided by Syngenta, the company that developed the genetically modified maize Bt10, the tests completed in the United States and conducted in accordance with a test method validated by Joint Research Centre of the European Commission and verified by the United States Department of Agriculture show that no sample has tested positive to the presence of Bt10 since early November 2005. The appropriateness of the detection method has been further analysed and recently confirmed by the Joint Research Centre of the European Commission. |
| --- | --- |

(6)

According to the analytical data provided by Syngenta, the company that developed the genetically modified maize Bt10, the tests completed in the United States and conducted in accordance with a test method validated by Joint Research Centre of the European Commission and verified by the United States Department of Agriculture show that no sample has tested positive to the presence of Bt10 since early November 2005. The appropriateness of the detection method has been further analysed and recently confirmed by the Joint Research Centre of the European Commission.

| (7) | On the basis of the information recently provided to the Commission by the United States authorities a series of actions have been taken by Syngenta with the involvement of the United States Department of Agriculture to ensure that Bt10 will not be propagated in the company's germoplasm and/or distributed in the commercial production pathway. |
| --- | --- |

(7)

On the basis of the information recently provided to the Commission by the United States authorities a series of actions have been taken by Syngenta with the involvement of the United States Department of Agriculture to ensure that Bt10 will not be propagated in the company's germoplasm and/or distributed in the commercial production pathway.

| (8) | Since the entry into force of Decision 2005/317/EC only one case of Bt10 entering Community territory has been registered, on 24 May 2005. A shipment of maize products contaminated by Bt10 left the United States before the availability of the analytical results of the testing and was notified by the importer prior to the arrival of the vessel to Ireland. The placing on the market of the contaminated products was thus prevented. |
| --- | --- |

(8)

Since the entry into force of Decision 2005/317/EC only one case of Bt10 entering Community territory has been registered, on 24 May 2005. A shipment of maize products contaminated by Bt10 left the United States before the availability of the analytical results of the testing and was notified by the importer prior to the arrival of the vessel to Ireland. The placing on the market of the contaminated products was thus prevented.

| (9) | Apart from this specific case, no finding of Bt10 has been reported by Member States on the basis of the controls carried out by national competent authorities. |
| --- | --- |

(9)

Apart from this specific case, no finding of Bt10 has been reported by Member States on the basis of the controls carried out by national competent authorities.

| (10) | On the basis of this information it can be concluded that it is no longer necessary to keep in place the compulsory certification requirement. It is therefore appropriate to repeal Decision 2005/317/EC. |
| --- | --- |

(10)

On the basis of this information it can be concluded that it is no longer necessary to keep in place the compulsory certification requirement. It is therefore appropriate to repeal Decision 2005/317/EC.

| (11) | It is nevertheless appropriate that Member States keep monitoring, for a further period of six months, on the basis of a proper level of random testing, whether maize products contaminated by Bt 10 are still present on the market. Positive (unfavourable) results shall be rapidly communicated through the Rapid Alert System for food and feed in which case the Commission will evaluate whether further action is required. |
| --- | --- |

(11)

It is nevertheless appropriate that Member States keep monitoring, for a further period of six months, on the basis of a proper level of random testing, whether maize products contaminated by Bt 10 are still present on the market. Positive (unfavourable) results shall be rapidly communicated through the Rapid Alert System for food and feed in which case the Commission will evaluate whether further action is required.

| (12) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(12)

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

Decision 2005/317/EC is repealed.

Article 2

For a further period of six months Member States shall ensure an appropriate level of random testing to verify the absence of the genetically modified maize Bt10 in the following products originating from the United States of America:

| — | corn gluten feed containing or produced from genetically modified maize within CN code 2309 90 20, |
| --- | --- |

—

corn gluten feed containing or produced from genetically modified maize within CN code 2309 90 20,

| — | brewers grains containing or produced from genetically modified maize within CN code 2303 30 00. |
| --- | --- |

—

brewers grains containing or produced from genetically modified maize within CN code 2303 30 00.

Positive (unfavourable) results shall be rapidly communicated through the Rapid Alert System for food and feed.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 7 March 2007.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).

1

(2)  
  OJ L 268, 18.10.2003, p. 1. Regulation as amended by Commission Regulation (EC) No 1981/2006 (OJ L 368, 23.12.2006, p. 99).

2

(3)  
  OJ L 101, 21.4.2005, p. 14.

3

---

| 8.3.2007 | EN | Official Journal of the European Union | L 68/10 |
| --- | --- | --- | --- |

8.3.2007

EN

Official Journal of the European Union

L 68/10

---

COMMISSION DECISION

of 7 March 2007

amending Decisions 2003/804/EC and 2003/858/EC, as regards importation of live fish and molluscs intended for human consumption from third countries listed in Regulation (EC) No 2076/2005

(notified under document number C(2007) 682)

(Text with EEA relevance)

(2007/158/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (1), and in particular Article 19(1) thereof,

Whereas:

| (1) | Commission Decision 2003/804/EC of 14 November 2003, laying down animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption (2), and Commission Decision 2003/858/EC of 21 November 2003, laying down animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption (3) refer to third countries on the list established by Commission Decision 2006/766/EC of 6 November 2006 establishing the list of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted (4) as regards the authorisation for importation into the Community of live molluscs and fish products intended for human consumption. |
| --- | --- |

(1)

Commission Decision 2003/804/EC of 14 November 2003, laying down animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption (2), and Commission Decision 2003/858/EC of 21 November 2003, laying down animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption (3) refer to third countries on the list established by Commission Decision 2006/766/EC of 6 November 2006 establishing the list of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted (4) as regards the authorisation for importation into the Community of live molluscs and fish products intended for human consumption.

| (2) | According to Commission Regulation (EC) No 2076/2005 of 5 December 2005, laying down transitional arrangements for the implementation of Regulation (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council and amending Regulation (EC) No 853/2004 and (EC) No 854/2004 (5), Member States may in a transitional period ending on 31 December 2009, under certain conditions, authorise the import of bivalve molluscs and fishery products as regards public health aspects from the countries listed respectively in Annex I and Annex II to that Regulation. Imports from those countries may only be marketed on the domestic market of the importing Member State or Member States allowing the same import. |
| --- | --- |

(2)

According to Commission Regulation (EC) No 2076/2005 of 5 December 2005, laying down transitional arrangements for the implementation of Regulation (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council and amending Regulation (EC) No 853/2004 and (EC) No 854/2004 (5), Member States may in a transitional period ending on 31 December 2009, under certain conditions, authorise the import of bivalve molluscs and fishery products as regards public health aspects from the countries listed respectively in Annex I and Annex II to that Regulation. Imports from those countries may only be marketed on the domestic market of the importing Member State or Member States allowing the same import.

| (3) | Decisions 2003/804/EC and 2003/858/EC should also permit import from countries on the lists established by Regulation (EC) No 2076/2005. |
| --- | --- |

(3)

Decisions 2003/804/EC and 2003/858/EC should also permit import from countries on the lists established by Regulation (EC) No 2076/2005.

| (4) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(4)

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

Amendments to Decision 2003/804/EC

Article 4(1)(a) of Decision 2003/804/EC is replaced by the following:

| ‘(a) | the third country of dispatch appears either on the list established by Commission Decision 2006/766/EC (*1) or, during the transitional period referred to in Commission Regulation (EC) No 2076/2005 (*2), on the list established by that Regulation; |
| --- | --- |

‘(a)

the third country of dispatch appears either on the list established by Commission Decision 2006/766/EC (*1) or, during the transitional period referred to in Commission Regulation (EC) No 2076/2005 (*2), on the list established by that Regulation;

*1

*2

Article 2

Amendments to Decision 2003/858/EC

Article 5(1)(a) of Decision 2003/858/EC is replaced by the following:

| ‘(a) | the third country of dispatch appears either on the list established by Commission Decision 2006/766/EC (*3) or, during the transitional period referred to in Commission Regulation (EC) No 2076/2005 (*4), on the list established by that Regulation; |
| --- | --- |

‘(a)

the third country of dispatch appears either on the list established by Commission Decision 2006/766/EC (*3) or, during the transitional period referred to in Commission Regulation (EC) No 2076/2005 (*4), on the list established by that Regulation;

*3

*4

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 7 March 2007.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  
  OJ L 46, 19.2.1991, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

1

(2)  
  OJ L 302, 20.11.2003, p. 22. Decision as last amended by Decision 2006/767/EC (OJ L 320, 18.11.2006, p. 58).

2

(3)  
  OJ L 324, 11.12.2003, p. 37. Decision as last amended by Regulation (EC) No 1792/2006 (OJ L 362, 20.12.2006, p. 1).

3

(4)  
  OJ L 320, 18.11.2006, p. 53.

4

(5)  
  OJ L 338, 22.12.2005, p. 83. Regulation as amended by Regulation (EC) No 1666/2006 (OJ L 320, 18.11.2006, p. 47).

5

---