# Official Journal L 111/2008

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 111 |
| | |
| English edition | Legislation | Volume 5123 April 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 111

English edition

Legislation

Volume 5123 April 2008

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 356/2008 of 22 April 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 357/2008 of 22 April 2008 amending Annex V to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (
  1
  ) | 3 |
| | * | Commission Regulation (EC) No 358/2008 of 22 April 2008 amending Regulation (EC) No 622/2003 laying down measures for the implementation of the common basic standards on aviation security (
  1
  ) | 5 |
| | * | Commission Regulation (EC) No 359/2008 of 18 April 2008 concerning the classification of certain goods in the Combined Nomenclature | 7 |
| | * | Commission Regulation (EC) No 360/2008 of 18 April 2008 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff | 9 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 356/2008 of 22 April 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 357/2008 of 22 April 2008 amending Annex V to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (
  1
  )

1

3

*

Commission Regulation (EC) No 358/2008 of 22 April 2008 amending Regulation (EC) No 622/2003 laying down measures for the implementation of the common basic standards on aviation security (
  1
  )

1

5

*

Commission Regulation (EC) No 359/2008 of 18 April 2008 concerning the classification of certain goods in the Combined Nomenclature

7

*

Commission Regulation (EC) No 360/2008 of 18 April 2008 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

9

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2008/324/EC |
| | * | Commission Decision of 25 March 2008 setting up the Platform on Electronic Data Retention for the Investigation, Detection and Prosecution of Serious Crime group of experts | 11 |

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

DECISIONS

Commission

2008/324/EC

*

Commission Decision of 25 March 2008 setting up the Platform on Electronic Data Retention for the Investigation, Detection and Prosecution of Serious Crime group of experts

11

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to the Statement of income and expenditure for the Education, Audiovisual and Culture Executive Agency for the financial year 2007 — Amending Budget No 2 ( OJ L 2, 4.1.2008 ) | 15 |
| | * | Corrigendum to Commission Regulation (EC) No 1518/2003 of 28 August 2003 laying down detailed rules for implementing the system of export licences in the pigmeat sector ( OJ L 217, 29.8.2003 ) | 15 |

Corrigenda

*

Corrigendum to the Statement of income and expenditure for the Education, Audiovisual and Culture Executive Agency for the financial year 2007 — Amending Budget No 2 ( OJ L 2, 4.1.2008 )

15

*

Corrigendum to Commission Regulation (EC) No 1518/2003 of 28 August 2003 laying down detailed rules for implementing the system of export licences in the pigmeat sector ( OJ L 217, 29.8.2003 )

15

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

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

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

REGULATIONS

| 23.4.2008 | EN | Official Journal of the European Union | L 111/1 |
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23.4.2008

EN

Official Journal of the European Union

L 111/1

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COMMISSION REGULATION (EC) No 356/2008

of 22 April 2008

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

Whereas:

| (1) | Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in 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 138 of Regulation (EC) No 1580/2007 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 23 April 2008.

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

Done at Brussels, 22 April 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

---

ANNEX

to Commission Regulation of 22 April 2008 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 | 53,4 |
| TN | 109,0 |
| TR | 104,9 |
| ZZ | 89,1 |
| 0707 00 05 | JO | 178,8 |
| MK | 112,1 |
| TR | 124,8 |
| ZZ | 138,6 |
| 0709 90 70 | MA | 92,6 |
| MK | 90,3 |
| TR | 124,8 |
| ZZ | 102,6 |
| 0709 90 80 | EG | 349,4 |
| ZZ | 349,4 |
| 0805 10 20 | EG | 46,6 |
| IL | 60,3 |
| MA | 53,7 |
| TN | 53,4 |
| TR | 55,8 |
| US | 46,4 |
| ZZ | 52,7 |
| 0805 50 10 | EG | 126,4 |
| IL | 131,5 |
| MK | 122,2 |
| TR | 135,2 |
| US | 121,6 |
| ZA | 153,3 |
| ZZ | 131,7 |
| 0808 10 80 | AR | 89,6 |
| BR | 86,6 |
| CA | 77,9 |
| CL | 99,3 |
| CN | 94,6 |
| MK | 65,6 |
| NZ | 124,3 |
| TR | 69,6 |
| US | 105,2 |
| UY | 76,8 |
| ZA | 66,6 |
| ZZ | 86,9 |
| 0808 20 50 | AR | 94,6 |
| AU | 85,9 |
| CL | 125,8 |
| CN | 43,3 |
| ZA | 86,2 |
| ZZ | 87,2 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

53,4

TN

109,0

TR

104,9

ZZ

89,1

0707 00 05

JO

178,8

MK

112,1

TR

124,8

ZZ

138,6

0709 90 70

MA

92,6

MK

90,3

TR

124,8

ZZ

102,6

0709 90 80

EG

349,4

ZZ

349,4

0805 10 20

EG

46,6

IL

60,3

MA

53,7

TN

53,4

TR

55,8

US

46,4

ZZ

52,7

0805 50 10

EG

126,4

IL

131,5

MK

122,2

TR

135,2

US

121,6

ZA

153,3

ZZ

131,7

0808 10 80

AR

89,6

BR

86,6

CA

77,9

CL

99,3

CN

94,6

MK

65,6

NZ

124,3

TR

69,6

US

105,2

UY

76,8

ZA

66,6

ZZ

86,9

0808 20 50

AR

94,6

AU

85,9

CL

125,8

CN

43,3

ZA

86,2

ZZ

87,2

---

(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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| 23.4.2008 | EN | Official Journal of the European Union | L 111/3 |
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23.4.2008

EN

Official Journal of the European Union

L 111/3

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COMMISSION REGULATION (EC) No 357/2008

of 22 April 2008

amending Annex V to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (1), and in particular Article 23a(g) thereof,

Whereas:

| (1) | Regulation (EC) No 999/2001 lays down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (TSEs) in animals. It applies to the production and placing on the market of live animals and products of animal origin and in certain specific cases to exports thereof. |
| --- | --- |

(1)

Regulation (EC) No 999/2001 lays down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (TSEs) in animals. It applies to the production and placing on the market of live animals and products of animal origin and in certain specific cases to exports thereof.

| (2) | Annex V to Regulation (EC) No 999/2001 lays down the rules for the removal and disposal of specified risk material. |
| --- | --- |

(2)

Annex V to Regulation (EC) No 999/2001 lays down the rules for the removal and disposal of specified risk material.

| (3) | Different factors indicate a favourable trend in the bovine spongiform encephalopathy (BSE) epidemic and a clear improvement of the situation in recent years due to the risk-reducing measures in place, in particular the total feed ban and the removal and destruction of specified risk material. |
| --- | --- |

(3)

Different factors indicate a favourable trend in the bovine spongiform encephalopathy (BSE) epidemic and a clear improvement of the situation in recent years due to the risk-reducing measures in place, in particular the total feed ban and the removal and destruction of specified risk material.

| (4) | One of the strategic goals the Commission’s TSE Roadmap, adopted on 15 July 2005 (2), is to ensure and maintain the current level of consumer protection by continuing to assure the safe removal of specified risk material but to modify the list or the age of animals for the removal of specified risk material based on new and evolving scientific opinions. |
| --- | --- |

(4)

One of the strategic goals the Commission’s TSE Roadmap, adopted on 15 July 2005 (2), is to ensure and maintain the current level of consumer protection by continuing to assure the safe removal of specified risk material but to modify the list or the age of animals for the removal of specified risk material based on new and evolving scientific opinions.

| (5) | In its opinion of 19 April 2007 the European Food Safety Authority concluded that on the basis of current scientific knowledge likely detectable infectivity in the central nervous system of cattle appears at about three quarters of the incubation period and that it can be predicted that the infectivity would be sub-detectable or still absent in cattle aged 33 months. |
| --- | --- |

(5)

In its opinion of 19 April 2007 the European Food Safety Authority concluded that on the basis of current scientific knowledge likely detectable infectivity in the central nervous system of cattle appears at about three quarters of the incubation period and that it can be predicted that the infectivity would be sub-detectable or still absent in cattle aged 33 months.

| (6) | The average age of BSE positive cases reported in the Community increased from 86 to 121 months between 2001 and 2006. In the same period, only seven BSE cases in bovine animals under the age of 35 months out of a total of 7 413 BSE cases, based in a total of more than 60 million bovine animals tested have been reported in the Community. |
| --- | --- |

(6)

The average age of BSE positive cases reported in the Community increased from 86 to 121 months between 2001 and 2006. In the same period, only seven BSE cases in bovine animals under the age of 35 months out of a total of 7 413 BSE cases, based in a total of more than 60 million bovine animals tested have been reported in the Community.

| (7) | A scientific basis therefore exists to review the age limit for the removal of certain specified risk materials in bovine animals, in particular as regards the vertebral column. In view of the development of the infectivity in the central nervous system during the incubation period, the age structure of positive BSE cases and the decrease in exposure of cattle born after 1 January 2001, the age limit for removing vertebral column, including dorsal root ganglia of bovine animals, as specified risk material can be increased from 24 to 30 months. Accordingly, the definition of specified risk material in Annex V to Regulation (EC) No 999/2001 should be amended. |
| --- | --- |

(7)

A scientific basis therefore exists to review the age limit for the removal of certain specified risk materials in bovine animals, in particular as regards the vertebral column. In view of the development of the infectivity in the central nervous system during the incubation period, the age structure of positive BSE cases and the decrease in exposure of cattle born after 1 January 2001, the age limit for removing vertebral column, including dorsal root ganglia of bovine animals, as specified risk material can be increased from 24 to 30 months. Accordingly, the definition of specified risk material in Annex V to Regulation (EC) No 999/2001 should be amended.

| (8) | Regulation (EC) No 999/2001 should therefore be amended accordingly. |
| --- | --- |

(8)

Regulation (EC) No 999/2001 should therefore be amended accordingly.

| (9) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(9)

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

HAS ADOPTED THIS REGULATION:

Article 1

In Annex V to Regulation (EC) No 999/2001, point 1(a)(ii) is replaced by the following:

| ‘(ii) | the vertebral column excluding the vertebrae of the tail, the spinous and transverse processes of the cervical, thoracic and lumbar vertebrae and the median sacral crest and wings of the sacrum, but including the dorsal root ganglia, of animals aged over 30 months; and’ |
| --- | --- |

‘(ii)

the vertebral column excluding the vertebrae of the tail, the spinous and transverse processes of the cervical, thoracic and lumbar vertebrae and the median sacral crest and wings of the sacrum, but including the dorsal root ganglia, of animals aged over 30 months; and’

Article 2

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, 22 April 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 147, 31.5.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 315/2008 (OJ L 94, 5.4.2008, p. 3).

1

(2)  COM(2005) 322 final.

2

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| 23.4.2008 | EN | Official Journal of the European Union | L 111/5 |
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23.4.2008

EN

Official Journal of the European Union

L 111/5

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COMMISSION REGULATION (EC) No 358/2008

of 22 April 2008

amending Regulation (EC) No 622/2003 laying down measures for the implementation of the common basic standards on aviation security

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2320/2002 of the European Parliament and the Council of 16 December 2002 establishing common rules in the field of civil aviation security (1), and in particular Article 4(2) thereof,

Whereas:

| (1) | The Commission is required, by virtue of Article 4(2) of Regulation (EC) No 2320/2002, when necessary, to adopt measures for the implementation of common basic standards for aviation security throughout the Community. Commission Regulation (EC) No 622/2003 of 4 April 2003 laying down measures for the implementation of the common basic standards on aviation security (2) was the first act laying down such measures. |
| --- | --- |

(1)

The Commission is required, by virtue of Article 4(2) of Regulation (EC) No 2320/2002, when necessary, to adopt measures for the implementation of common basic standards for aviation security throughout the Community. Commission Regulation (EC) No 622/2003 of 4 April 2003 laying down measures for the implementation of the common basic standards on aviation security (2) was the first act laying down such measures.

| (2) | The measures provided for by Regulation (EC) No 622/2003 should be reviewed in light of technical developments, operational implications at airports and the impact on passengers. Further research has shown that the benefits of a rulemaking on cabin bag size would not outweigh the operational implications at airports and impact on passengers. This rule, which would apply as from 6 May 2008, should thus be deleted. |
| --- | --- |

(2)

The measures provided for by Regulation (EC) No 622/2003 should be reviewed in light of technical developments, operational implications at airports and the impact on passengers. Further research has shown that the benefits of a rulemaking on cabin bag size would not outweigh the operational implications at airports and impact on passengers. This rule, which would apply as from 6 May 2008, should thus be deleted.

| (3) | Regulation (EC) No 622/2003 should be amended accordingly. |
| --- | --- |

(3)

Regulation (EC) No 622/2003 should be amended accordingly.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 622/2003 is amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 5 May 2008.

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

Done at Brussels, 22 April 2008.

For the Commission

Jacques BARROT

Vice-President

---

(1)  
  OJ L 355, 30.12.2002, p. 1. Regulation as amended by Regulation (EC) No 849/2004 (OJ L 158, 30.4.2004, p. 1).

1

(2)  
  OJ L 89, 5.4.2003, p. 9. Regulation as last amended by Regulation (EC) No 23/2008 (OJ L 9, 12.1.2008, p. 12).

2

---

ANNEX

Point 4.1.1.1(g) of the Annex to Regulation (EC) No 622/2003 is deleted.

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| 23.4.2008 | EN | Official Journal of the European Union | L 111/7 |
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23.4.2008

EN

Official Journal of the European Union

L 111/7

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COMMISSION REGULATION (EC) No 359/2008

of 18 April 2008

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

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

(1)

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

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

(2)

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

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

(3)

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

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

(4)

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

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

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

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

Article 3

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

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

Done at Brussels, 18 April 2008.

For the Commission

László KOVÁCS

Member of the Commission

---

(1)  
  OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 275/2008 (OJ L 85, 27.3.2008, p. 3).

1

(2)  
  OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

2

---

ANNEX

| Description of the goods | Classification
  (CN code) | Reasons |
| --- | --- | --- |
| (1) | (2) | (3) |
| Food preparation in form of roasted cereal products.
  Wheat grains are steamed, shelled, chopped and cooled. The product is then pressed into thin strands, folded into lattice shapes and cut into pillow shapes. The product is then roasted. Vitamins and sometimes frosting is applied to the final product.
  The preparation is marketed as a cereal based breakfast food. | 1904 10 90 | Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, and the wording of CN codes 1904 , 1904 10 and 1904 10 90 .
  The product is obtained by roasting of cereal products. According to the HS Explanatory Notes heading 1904 includes also products obtained from flour or bran (HSEN, heading 1904 , (A), first and second paragraph). |

Description of the goods

Classification

(CN code)

Reasons

(1)

(2)

(3)

Food preparation in form of roasted cereal products.

Wheat grains are steamed, shelled, chopped and cooled. The product is then pressed into thin strands, folded into lattice shapes and cut into pillow shapes. The product is then roasted. Vitamins and sometimes frosting is applied to the final product.

The preparation is marketed as a cereal based breakfast food.

1904 10 90

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, and the wording of CN codes 1904 , 1904 10 and 1904 10 90 .

The product is obtained by roasting of cereal products. According to the HS Explanatory Notes heading 1904 includes also products obtained from flour or bran (HSEN, heading 1904 , (A), first and second paragraph).

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| 23.4.2008 | EN | Official Journal of the European Union | L 111/9 |
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23.4.2008

EN

Official Journal of the European Union

L 111/9

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COMMISSION REGULATION (EC) No 360/2008

of 18 April 2008

amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

| (1) | For the classification of fruit juices within the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, a distinction is to be made between, on the one hand, fruit juices containing added sugar of heading 2009 and, on the other hand, preparations for the manufacture of beverages including flavoured sugar syrups of heading 2106. |
| --- | --- |

(1)

For the classification of fruit juices within the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, a distinction is to be made between, on the one hand, fruit juices containing added sugar of heading 2009 and, on the other hand, preparations for the manufacture of beverages including flavoured sugar syrups of heading 2106.

| (2) | According to the Harmonised System Explanatory Note to heading 2009, amongst other additives, sugar can be added to fruit juices, provided that they retain their original character. |
| --- | --- |

(2)

According to the Harmonised System Explanatory Note to heading 2009, amongst other additives, sugar can be added to fruit juices, provided that they retain their original character.

| (3) | Consequently fruit juices or mixtures of fruit juices, whether or not containing added sugar, are to be classified in the subheadings of heading 2009 of the Combined Nomenclature, unless they have lost their original character of fruit juice. In the last case they have to be excluded from classification under heading 2009 and have to be classified under heading 2106. |
| --- | --- |

(3)

Consequently fruit juices or mixtures of fruit juices, whether or not containing added sugar, are to be classified in the subheadings of heading 2009 of the Combined Nomenclature, unless they have lost their original character of fruit juice. In the last case they have to be excluded from classification under heading 2009 and have to be classified under heading 2106.

| (4) | In accordance with Additional Note 5(b) to Chapter 20 of the Combined Nomenclature, fruit juices to which so much sugar has been added that they contain less than 50 % by weight of fruit juice have lost their natural state of fruit juice and can therefore not be classified under heading 2009. The added sugar content is to be determined according to their Brix value which depends, amongst others, on the sugar content of these products. |
| --- | --- |

(4)

In accordance with Additional Note 5(b) to Chapter 20 of the Combined Nomenclature, fruit juices to which so much sugar has been added that they contain less than 50 % by weight of fruit juice have lost their natural state of fruit juice and can therefore not be classified under heading 2009. The added sugar content is to be determined according to their Brix value which depends, amongst others, on the sugar content of these products.

| (5) | Problems have risen with respect to the classification of concentrated natural fruit juices. When the added sugar content of those products is calculated as set out in Additional Notes 2 and 5, it may appear to be so high that products contain less than 50 % by weight of fruit juices so that they have to be classified under heading 2106. This result is unsatisfactory as it is based on a fictive calculation of the added sugar content while in reality no sugar has been added and the high added sugar content results from the concentration. |
| --- | --- |

(5)

Problems have risen with respect to the classification of concentrated natural fruit juices. When the added sugar content of those products is calculated as set out in Additional Notes 2 and 5, it may appear to be so high that products contain less than 50 % by weight of fruit juices so that they have to be classified under heading 2106. This result is unsatisfactory as it is based on a fictive calculation of the added sugar content while in reality no sugar has been added and the high added sugar content results from the concentration.

| (6) | It is therefore appropriate to reword point (b) of Additional Note 5 to Chapter 20 and to add a new provision to that point, clearly stating that for concentrated natural fruit juices the criterion of 50 % by weight of fruit juices does not apply so that those juices are not to be excluded from heading 2009 on the basis of a calculated addition of sugar. It should also be clearly stated that Additional Note 5 is to be applied on the products as presented. |
| --- | --- |

(6)

It is therefore appropriate to reword point (b) of Additional Note 5 to Chapter 20 and to add a new provision to that point, clearly stating that for concentrated natural fruit juices the criterion of 50 % by weight of fruit juices does not apply so that those juices are not to be excluded from heading 2009 on the basis of a calculated addition of sugar. It should also be clearly stated that Additional Note 5 is to be applied on the products as presented.

| (7) | Regulation (EEC) No 2658/87 should therefore be amended accordingly. |
| --- | --- |

(7)

Regulation (EEC) No 2658/87 should therefore be amended accordingly.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
| --- | --- |

(8)

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

HAS ADOPTED THIS REGULATION:

Article 1

Additional note 5 to Chapter 20 of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87 is replaced by the following text:

| ‘5. | The following shall be applied to the products as they are presented:






  (a) | the added sugar content of products of heading 2009 corresponds to the “sugar content” less the figures given hereunder, according to the kind of juice concerned:






  — | lemon or tomato juice: 3, |
| --- | --- | --- | --- |

‘5.

(a)

the added sugar content of products of heading 2009 corresponds to the “sugar content” less the figures given hereunder, according to the kind of juice concerned:

—

lemon or tomato juice: 3,

| — | grape juice: 15, |
| --- | --- |

—

grape juice: 15,

| — | other fruit or vegetable juices, including mixtures of juices: 13. |
| --- | --- |

—

other fruit or vegetable juices, including mixtures of juices: 13.

| (b) | the fruit juices with added sugar, of a Brix value not exceeding 67 and containing less than 50 % by weight of fruit juice lose their original character of fruit juices of heading 2009. |
| --- | --- |

(b)

the fruit juices with added sugar, of a Brix value not exceeding 67 and containing less than 50 % by weight of fruit juice lose their original character of fruit juices of heading 2009.

Point (b) shall not apply to concentrated natural fruit juices. Consequently, concentrated natural fruit juices are not excluded from heading 2009.’

Article 2

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, 18 April 2008.

For the Commission

László KOVÁCS

Member of the Commission

---

(1)  
  OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 275/2008 (OJ L 85, 27.3.2008, p. 3).

1

---

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

DECISIONS

Commission

| 23.4.2008 | EN | Official Journal of the European Union | L 111/11 |
| --- | --- | --- | --- |

23.4.2008

EN

Official Journal of the European Union

L 111/11

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COMMISSION DECISION

of 25 March 2008

setting up the ‘Platform on Electronic Data Retention for the Investigation, Detection and Prosecution of Serious Crime’ group of experts

(2008/324/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Whereas:

| (1) | Directive 2006/24/EC of the European Parliament and the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks (1) (the Data Retention Directive) aims to harmonise Member States’ provisions concerning the obligations of providers of publicly available electronic communications services or of public communications networks with respect to the retention of certain data which are generated or processed by them in order to ensure that such data are available for the purpose of the investigation, detection and prosecution of serious crime. |
| --- | --- |

(1)

Directive 2006/24/EC of the European Parliament and the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks (1) (the Data Retention Directive) aims to harmonise Member States’ provisions concerning the obligations of providers of publicly available electronic communications services or of public communications networks with respect to the retention of certain data which are generated or processed by them in order to ensure that such data are available for the purpose of the investigation, detection and prosecution of serious crime.

| (2) | The preamble to the Data Retention Directive notes that technologies relating to electronic communications are changing rapidly and that legitimate requirements of competent authorities may evolve. In order to obtain advice and encourage the sharing of best practice in all matters relating to the retention of personal data, the Commission intends to establish a group composed of Member States’ law enforcement authorities, associations of the electronic communications industry, representatives of the European Parliament and data protection authorities including the European Data Protection Supervisor. |
| --- | --- |

(2)

The preamble to the Data Retention Directive notes that technologies relating to electronic communications are changing rapidly and that legitimate requirements of competent authorities may evolve. In order to obtain advice and encourage the sharing of best practice in all matters relating to the retention of personal data, the Commission intends to establish a group composed of Member States’ law enforcement authorities, associations of the electronic communications industry, representatives of the European Parliament and data protection authorities including the European Data Protection Supervisor.

| (3) | Article 14 of the Data Retention Directive states that no later than 15 September 2010, the Commission shall submit to the European Parliament and Council an evaluation of the application of the Directive and its impact on economic operators and consumers, taking into account further developments in electronic communications technology and statistics provided to the Commission on retention of data. The evaluation should help determine whether it is necessary to amend the Data Retention Directive, in particular with regard to the list of data in Article 5 and the periods of retention provided for in Article 6 of the Directive. |
| --- | --- |

(3)

Article 14 of the Data Retention Directive states that no later than 15 September 2010, the Commission shall submit to the European Parliament and Council an evaluation of the application of the Directive and its impact on economic operators and consumers, taking into account further developments in electronic communications technology and statistics provided to the Commission on retention of data. The evaluation should help determine whether it is necessary to amend the Data Retention Directive, in particular with regard to the list of data in Article 5 and the periods of retention provided for in Article 6 of the Directive.

| (4) | On 10 February 2006 the Council and the Commission issued a Joint Statement in relation to evaluation of the Data Retention Directive. This stated that the Commission will invite relevant stakeholders to regular review meetings to exchange information about technological developments, costs and effectiveness of application of the Directive. The Joint Statement says that during this process Member States will be invited to inform partners of their experiences in implementing the Directive and to share best practice. The Joint Statement further says that on the basis of these discussions ‘the Commission will consider presenting any necessary proposals, including with regard to any difficulties which may have emerged for Member States in relation to the technical and practical implementation of the Directive, in particular its application to Internet e-mail and Internet telephony data’. |
| --- | --- |

(4)

On 10 February 2006 the Council and the Commission issued a Joint Statement in relation to evaluation of the Data Retention Directive. This stated that the Commission will invite relevant stakeholders to regular review meetings to exchange information about technological developments, costs and effectiveness of application of the Directive. The Joint Statement says that during this process Member States will be invited to inform partners of their experiences in implementing the Directive and to share best practice. The Joint Statement further says that on the basis of these discussions ‘the Commission will consider presenting any necessary proposals, including with regard to any difficulties which may have emerged for Member States in relation to the technical and practical implementation of the Directive, in particular its application to Internet e-mail and Internet telephony data’.

| (5) | For the reasons indicated above it is necessary to set up a group of experts in the field of data retention drawn from the stakeholders referred to in Recital 14 of the Data Retention Directive. |
| --- | --- |

(5)

For the reasons indicated above it is necessary to set up a group of experts in the field of data retention drawn from the stakeholders referred to in Recital 14 of the Data Retention Directive.

| (6) | The group of experts will work as a consultative group. The group of experts will facilitate the sharing of best practice and contribute to the Commission’s assessment of the costs and effectiveness of the Directive as well as the development of relevant technologies which may impact on the Directive. |
| --- | --- |

(6)

The group of experts will work as a consultative group. The group of experts will facilitate the sharing of best practice and contribute to the Commission’s assessment of the costs and effectiveness of the Directive as well as the development of relevant technologies which may impact on the Directive.

| (7) | The members of the group of experts will be drawn from the stakeholder groups referred to in Recital 14 of Directive 2006/24/EC. |
| --- | --- |

(7)

The members of the group of experts will be drawn from the stakeholder groups referred to in Recital 14 of Directive 2006/24/EC.

| (8) | The group should be composed of a maximum of 25 members representing an appropriate balance of the aforementioned stakeholder groups. |
| --- | --- |

(8)

The group should be composed of a maximum of 25 members representing an appropriate balance of the aforementioned stakeholder groups.

| (9) | The group of experts should be able to establish sub-groups in order to facilitate and accelerate its work by focusing on a specific issue. The terms of reference of such sub-groups should be agreed upon by the group of experts as a whole and should be clearly defined. |
| --- | --- |

(9)

The group of experts should be able to establish sub-groups in order to facilitate and accelerate its work by focusing on a specific issue. The terms of reference of such sub-groups should be agreed upon by the group of experts as a whole and should be clearly defined.

| (10) | Rules on disclosure of information by members of the group of experts should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (2). |
| --- | --- |

(10)

Rules on disclosure of information by members of the group of experts should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (2).

| (11) | Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3). |
| --- | --- |

(11)

Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3).

| (12) | The term of office of the Members should be five years and may be renewable. |
| --- | --- |

(12)

The term of office of the Members should be five years and may be renewable.

| (13) | It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension, |
| --- | --- |

(13)

It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

HAS DECIDED AS FOLLOWS:

Article 1

The ‘Platform on Electronic Data Retention for the Investigation, Detection and Prosecution of Serious Crime’ group of experts

The ‘Platform on Electronic Data Retention for the Investigation, Detection and Prosecution of Serious Crime’, a group of experts in matters relating to retention of personal data for law enforcement purposes in the electronic communications sector, hereinafter referred to as ‘the group of experts’, is hereby set up.

Article 2

Consultation and Tasks

1.   The Commission may consult the group on any matter relating to the electronic retention of data relevant to the investigation, detection and prosecution of serious crime. Any member of the group of experts may advise the Commission that it is desirable to consult the group on a specific question. The Commission will call regular meetings of the group of experts and will establish in advance a detailed agenda based on matters within the scope of this Article.

2.   The tasks of the group of experts shall be:

| (a) | to provide a forum for dialogue and the sharing of experience and best practice among experts drawn from the entities outlined in Article 3 hereof and in particular between competent authorities of the Member States and representatives of the electronic communications sector on questions related to the retention of personal data by providers of publicly available electronic communications services or public communications networks in order to ensure that the data are available for the investigation, detection or prosecution of serious crime; |
| --- | --- |

(a)

to provide a forum for dialogue and the sharing of experience and best practice among experts drawn from the entities outlined in Article 3 hereof and in particular between competent authorities of the Member States and representatives of the electronic communications sector on questions related to the retention of personal data by providers of publicly available electronic communications services or public communications networks in order to ensure that the data are available for the investigation, detection or prosecution of serious crime;

| (b) | to encourage and facilitate a common orientation on the application of the Directive; |
| --- | --- |

(b)

to encourage and facilitate a common orientation on the application of the Directive;

| (c) | to exchange information about relevant technological developments, costs and effectiveness of application of the Directive; |
| --- | --- |

(c)

to exchange information about relevant technological developments, costs and effectiveness of application of the Directive;

| (d) | to assist the Commission in identifying and defining difficulties which have emerged for the Member States in relation to the technical and practical implementation of the Directive in particular its application to Internet e-mail and Internet telephony data; |
| --- | --- |

(d)

to assist the Commission in identifying and defining difficulties which have emerged for the Member States in relation to the technical and practical implementation of the Directive in particular its application to Internet e-mail and Internet telephony data;

| (e) | to assist the Commission in its evaluation of the application of the Data Retention Directive and its impact on economic operators and consumers. |
| --- | --- |

(e)

to assist the Commission in its evaluation of the application of the Data Retention Directive and its impact on economic operators and consumers.

Article 3

Composition — Appointment

1.   The group of experts shall be composed of a maximum of 25 members taken from:

| (a) | Member States’ law enforcement authorities (up to 10 members); |
| --- | --- |

(a)

Member States’ law enforcement authorities (up to 10 members);

| (b) | Members of the European Parliament (up to 2 members); |
| --- | --- |

(b)

Members of the European Parliament (up to 2 members);

| (c) | Associations of the electronic communications industry (up to 8 members); |
| --- | --- |

(c)

Associations of the electronic communications industry (up to 8 members);

| (d) | Representatives of the Data Protection Authorities (up to 4 members); |
| --- | --- |

(d)

Representatives of the Data Protection Authorities (up to 4 members);

| (e) | The European Data Protection Supervisor (1 member). |
| --- | --- |

(e)

The European Data Protection Supervisor (1 member).

2.   The members referred to in points (a) and (b) of paragraph 1 shall be designated and appointed by the Directorate-General for Justice, Freedom and Security on the proposal of requested Member States and the European Parliament respectively. These members will be appointed in a personal capacity and may nominate an expert to represent them at meetings of the group of experts. The members referred to in points (c), (d) and (e) of paragraph 1 shall be appointed by the Directorate-General for Justice, Freedom and Security on the basis of an invitation from the same to become a member of the group of experts. The relevant associations or bodies as referred to in points (c), (d) and (e) of paragraph 1 will be entitled to nominate experts to represent them at meetings of the group of experts.

3.   Members of the group of experts appointed in a personal capacity shall remain in office until they are replaced or their term of office ends. The term of office shall be five years and may be renewable.

4.   Members of the group of experts appointed in a personal capacity who are no longer capable of contributing effectively to the group of experts’ deliberations, who resign or who do not comply with the conditions set out in Article 287 of the Treaty may be replaced for the remainder of their term of office.

5.   Members of the group of experts appointed in a personal capacity shall each year sign an undertaking to act in the public interest and a declaration indicating the absence or existence of any interest which may undermine their objectivity.

6.   The names of members appointed in a personal capacity shall be published on the Internet site of the Commission’s Directorate-General for Justice Freedom and Security, in the C Series of the Official Journal of the European Union and in the Commission’s Register of Expert Groups. The names of members shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.

Article 4

Operation

1.   The group of experts shall be chaired by the Commission.

2.   In agreement with the Commission, sub-groups may be set up to examine specific questions under terms of reference established by the group. Such groups shall be dissolved as soon as their mandates are fulfilled.

3.   The Commission’s representative may ask experts or observers with specific competence on a subject on the agenda to participate in the group’s or sub-group’s deliberations if this is useful and/or necessary.

4.   Information obtained by participating in the deliberations of a group or sub-group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.

5.   The group and its sub-groups shall normally meet on Commission premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group and its sub-groups.

6.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission.

7.   The Commission may publish, in the original language of the document concerned, any summary, conclusion, or partial conclusion or working document of the group.

Article 5

Additional experts

1.   The Commission may invite experts or observers from outside the group with specific competence in a subject on the agenda to take part in the work of the group.

2.   The Commission may invite official representatives of Member States, candidate countries or third countries and of international, inter-governmental and non-governmental organisations to participate in its meetings.

Article 6

Meeting expenses

1.   The Commission shall reimburse travel and, where appropriate, subsistence expenses for members, experts and observers in connection with the group’s activities in accordance with the Commission’s rules on the compensation of external experts.

2.   The members, experts and observers shall not be remunerated for the services they render.

3.   Meeting expenses are reimbursed within the limits of the annual budget allocated to the group by the responsible Commission services.

Article 7

Applicability

The decision shall take effect on the day of its publication in the Official Journal of the European Union. It shall apply until 31 December 2012. The Commission may decide on a possible extension before that date.

Official Journal of the European Union

Done at Brussels, 25 March 2008.

For the Commission

Franco FRATTINI

Vice-President

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(1)  
  OJ L 105, 13.4.2006, p. 54.

1

(2)  
  OJ L 317, 3.12.2001, p. 1. Decision as last amended by Decision 2006/548/EC, Euratom (OJ L 215, 5.8.2006, p. 38).

2

(3)  
  OJ L 8, 12.1.2001, p. 1.

3

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Corrigenda

| 23.4.2008 | EN | Official Journal of the European Union | L 111/15 |
| --- | --- | --- | --- |

23.4.2008

EN

Official Journal of the European Union

L 111/15

---

Corrigendum to the Statement of income and expenditure for the Education, Audiovisual and Culture Executive Agency for the financial year 2007 — Amending Budget No 2

(
  Official Journal of the European Union L 2 of 4 January 2008
  )

On page 231, the following line shall be added in the table:

| ‘1030 | European Community subsidy for External Relations policy area | 235 316 | 1 035 684 | 1 271 000 ’ |
| --- | --- | --- | --- | --- |

‘1030

European Community subsidy for External Relations policy area

235 316

1 035 684

1 271 000 ’

On page 233, the following text shall be added:

| ‘1030 | European Community subsidy for External Relations policy area







  Budget 2007 | Amending budget No 2 | New amount |
| --- | --- | --- | --- |
| 235 316 | 1 035 684 | 1 271 000 |

‘1030

European Community subsidy for External Relations policy area

Budget 2007

Amending budget No 2

New amount

235 316

1 035 684

1 271 000

Remarks

Commission Decision 2005/56/EC of 14 January 2005 setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003 (OJ L 24, 27.1.2005, p. 35), as amended by Decision 2007/114/EC (OJ L 49, 17.2.2007, p. 21).

Pursuant to Article 6 of this Decision, a grant for the Agency is entered in the general budget of the European Union. The revenue entered corresponds to the grant under Item 19 01 04 30 of Section III “Commission” of the general budget.’

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| 23.4.2008 | EN | Official Journal of the European Union | L 111/15 |
| --- | --- | --- | --- |

23.4.2008

EN

Official Journal of the European Union

L 111/15

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Corrigendum to Commission Regulation (EC) No 1518/2003 of 28 August 2003 laying down detailed rules for implementing the system of export licences in the pigmeat sector

(
  Official Journal of the European Union L 217 of 29 August 2003
  )

On page 37, in Article 7(1)(a):

for:

| ‘(a) | the applications for export licences as referred to in Article 1 lodged from Monday to Wednesday of the same week, stating whether they fall within the scope of Article 4 or not;’, |
| --- | --- |

‘(a)

the applications for export licences as referred to in Article 1 lodged from Monday to Wednesday of the same week, stating whether they fall within the scope of Article 4 or not;’,

read:

| ‘(a) | the applications for export licences as referred to in Article 1 lodged from Monday to Friday of the same week, stating whether they fall within the scope of Article 4 or not;’. |
| --- | --- |

‘(a)

the applications for export licences as referred to in Article 1 lodged from Monday to Friday of the same week, stating whether they fall within the scope of Article 4 or not;’.

---