# Official Journal L 110/2008

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 110 |
| | |
| English edition | Legislation | Volume 5122 April 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 110

English edition

Legislation

Volume 5122 April 2008

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 354/2008 of 21 April 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 355/2008 of 21 April 2008 amending Regulation (EC) No 1239/95 as regards the use of electronic means of communication in proceedings before the Community Plant Variety Office (
  1
  ) | 3 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 354/2008 of 21 April 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 355/2008 of 21 April 2008 amending Regulation (EC) No 1239/95 as regards the use of electronic means of communication in proceedings before the Community Plant Variety Office (
  1
  )

1

3

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2008/323/EC |
| | * | Commission Decision of 1 April 2008 establishing a specific control and inspection programme related to the recovery of bluefin tuna in the Eastern Atlantic and the Mediterranean
  (notified under document number C(2008) 1202) | 7 |

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

DECISIONS

Commission

2008/323/EC

*

Commission Decision of 1 April 2008 establishing a specific control and inspection programme related to the recovery of bluefin tuna in the Eastern Atlantic and the Mediterranean
  (notified under document number C(2008) 1202)

(notified under document number C(2008) 1202)

7

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector ( OJ L 270, 21.10.2003 ) | 16 |
| | * | Corrigendum to Council Decision 2008/262/EC of 28 February 2008 on the signature, on behalf of the European Union, and on the provisional application of certain provisions of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis ( OJ L 83, 26.3.2008 ) | 16 |

Corrigenda

*

Corrigendum to Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector ( OJ L 270, 21.10.2003 )

16

*

Corrigendum to Council Decision 2008/262/EC of 28 February 2008 on the signature, on behalf of the European Union, and on the provisional application of certain provisions of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis ( OJ L 83, 26.3.2008 )

16

| | |
| --- | --- |
| | (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.

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

REGULATIONS

| 22.4.2008 | EN | Official Journal of the European Union | L 110/1 |
| --- | --- | --- | --- |

22.4.2008

EN

Official Journal of the European Union

L 110/1

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COMMISSION REGULATION (EC) No 354/2008

of 21 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 22 April 2008.

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

Done at Brussels, 21 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

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ANNEX

to Commission Regulation of 21 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 | 59,5 |
| TN | 115,9 |
| TR | 111,9 |
| ZZ | 95,8 |
| 0707 00 05 | JO | 178,8 |
| MK | 86,2 |
| TR | 138,7 |
| ZZ | 134,6 |
| 0709 90 70 | MA | 97,2 |
| TR | 122,6 |
| ZZ | 109,9 |
| 0709 90 80 | EG | 349,4 |
| ZZ | 349,4 |
| 0805 10 20 | EG | 52,3 |
| IL | 51,4 |
| MA | 55,8 |
| TN | 55,4 |
| TR | 55,8 |
| US | 44,5 |
| ZZ | 52,5 |
| 0805 50 10 | AR | 117,4 |
| EG | 157,0 |
| IL | 131,6 |
| TR | 130,6 |
| ZA | 141,8 |
| ZZ | 135,7 |
| 0808 10 80 | AR | 90,5 |
| BR | 81,4 |
| CA | 77,9 |
| CL | 100,8 |
| CN | 84,0 |
| MK | 65,6 |
| NZ | 117,4 |
| TR | 69,6 |
| US | 109,2 |
| UY | 78,4 |
| ZA | 65,1 |
| ZZ | 85,4 |
| 0808 20 50 | AR | 92,7 |
| AU | 88,4 |
| CL | 94,0 |
| CN | 43,3 |
| ZA | 96,6 |
| ZZ | 83,0 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

59,5

TN

115,9

TR

111,9

ZZ

95,8

0707 00 05

JO

178,8

MK

86,2

TR

138,7

ZZ

134,6

0709 90 70

MA

97,2

TR

122,6

ZZ

109,9

0709 90 80

EG

349,4

ZZ

349,4

0805 10 20

EG

52,3

IL

51,4

MA

55,8

TN

55,4

TR

55,8

US

44,5

ZZ

52,5

0805 50 10

AR

117,4

EG

157,0

IL

131,6

TR

130,6

ZA

141,8

ZZ

135,7

0808 10 80

AR

90,5

BR

81,4

CA

77,9

CL

100,8

CN

84,0

MK

65,6

NZ

117,4

TR

69,6

US

109,2

UY

78,4

ZA

65,1

ZZ

85,4

0808 20 50

AR

92,7

AU

88,4

CL

94,0

CN

43,3

ZA

96,6

ZZ

83,0

---

(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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| 22.4.2008 | EN | Official Journal of the European Union | L 110/3 |
| --- | --- | --- | --- |

22.4.2008

EN

Official Journal of the European Union

L 110/3

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COMMISSION REGULATION (EC) No 355/2008

of 21 April 2008

amending Regulation (EC) No 1239/95 as regards the use of electronic means of communication in proceedings before the Community Plant Variety Office

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (1), and in particular Article 114 thereof,

After consulting the Administrative Council of the Community Plant Variety Office,

Whereas:

| (1) | The rules provided for in Commission Regulation (EC) No 1239/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office (2) should be simplified, in particular by allowing the use of electronic means of communication. |
| --- | --- |

(1)

The rules provided for in Commission Regulation (EC) No 1239/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office (2) should be simplified, in particular by allowing the use of electronic means of communication.

| (2) | It is appropriate to simplify, on the one hand, the filing of applications, objections or appeals and, on the other, the service of documents by the Community Plant Variety Office (the Office) by permitting the use of electronic means. Moreover, the Office should be given the possibility to issue certificates for Community plant variety rights in electronic form. Publication of information regarding Community plant variety rights should also be possible by electronic means. Finally, electronic storage of files relating to proceedings should be allowed to improve efficiency. |
| --- | --- |

(2)

It is appropriate to simplify, on the one hand, the filing of applications, objections or appeals and, on the other, the service of documents by the Community Plant Variety Office (the Office) by permitting the use of electronic means. Moreover, the Office should be given the possibility to issue certificates for Community plant variety rights in electronic form. Publication of information regarding Community plant variety rights should also be possible by electronic means. Finally, electronic storage of files relating to proceedings should be allowed to improve efficiency.

| (3) | The President of the Office should be empowered to determine all necessary details with respect to the use of electronic means of communication or storage. |
| --- | --- |

(3)

The President of the Office should be empowered to determine all necessary details with respect to the use of electronic means of communication or storage.

| (4) | Regulation (EC) No 1239/95 should therefore be amended accordingly. |
| --- | --- |

(4)

Regulation (EC) No 1239/95 should therefore be amended accordingly.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Community Plant Variety Rights, |
| --- | --- |

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Community Plant Variety Rights,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1239/95 is amended as follows:

| 1. | in Article 2, paragraph 3 is replaced by the following:

  ‘3.   Addresses shall contain all the relevant administrative information, including the name of the State in which the party to proceedings is resident or where his seat or establishment is located. Only one address should preferably be indicated for each party to proceedings; where several addresses are indicated, only the address mentioned first shall be taken into account, except where the party to proceedings designates one of the other addresses as an address for service.
  The President of the Office shall determine the details concerning the address including any relevant details of other data communication links.’; |
| --- | --- |

1.

in Article 2, paragraph 3 is replaced by the following:

‘3.   Addresses shall contain all the relevant administrative information, including the name of the State in which the party to proceedings is resident or where his seat or establishment is located. Only one address should preferably be indicated for each party to proceedings; where several addresses are indicated, only the address mentioned first shall be taken into account, except where the party to proceedings designates one of the other addresses as an address for service.

The President of the Office shall determine the details concerning the address including any relevant details of other data communication links.’;

| 2. | Article 16 is amended as follows:






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

  ‘1.   An application for a Community plant variety right shall be filed at the Office, at the national agencies designated or the sub-offices established pursuant to Article 30(4) of the Basic Regulation.
  Where the application is filed at the Office it may be filed in paper format or by electronic means. Where it is filed at the national agencies or sub-offices it shall be filed in paper format in duplicate.’; |
| --- | --- | --- |

2.

Article 16 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   An application for a Community plant variety right shall be filed at the Office, at the national agencies designated or the sub-offices established pursuant to Article 30(4) of the Basic Regulation.

Where the application is filed at the Office it may be filed in paper format or by electronic means. Where it is filed at the national agencies or sub-offices it shall be filed in paper format in duplicate.’;

| (b) | paragraph 3 is replaced by the following:

  ‘3.   The Office shall make available the following forms free of charge:






  (a) | an application form and a technical questionnaire, for the purposes of filing an application for a Community plant variety right; |
| --- | --- | --- |

(b)

paragraph 3 is replaced by the following:

‘3.   The Office shall make available the following forms free of charge:

(a)

an application form and a technical questionnaire, for the purposes of filing an application for a Community plant variety right;

| (b) | a form for forwarding the information referred to in paragraph 2, indicating the consequences of any failure of the forwarding. |
| --- | --- |

(b)

a form for forwarding the information referred to in paragraph 2, indicating the consequences of any failure of the forwarding.

4.   The applicant shall fill in and sign the forms provided for in paragraph 3. Where the application is submitted by electronic means it shall comply with the second subparagraph of Article 57(3) as regards the signature.’;

| 3. | Article 28 is replaced by the following:

  ‘Article 28
  Proposal for a variety denomination
  The proposal for a variety denomination shall be signed and shall be filed at the Office, or, if the proposal accompanies the application for a Community plant variety right filed at the national agency designated or the sub-office established pursuant to Article 30(4) of the Basic Regulation, in duplicate.
  The Office shall make available, free of charge, a form for the purposes of proposing a variety denomination.
  Where the proposal for a variety denomination is submitted by electronic means it shall comply with the second subparagraph of Article 57(3) as regards the signature.’; |
| --- | --- |

3.

Article 28 is replaced by the following:

‘Article 28

Proposal for a variety denomination

The proposal for a variety denomination shall be signed and shall be filed at the Office, or, if the proposal accompanies the application for a Community plant variety right filed at the national agency designated or the sub-office established pursuant to Article 30(4) of the Basic Regulation, in duplicate.

The Office shall make available, free of charge, a form for the purposes of proposing a variety denomination.

Where the proposal for a variety denomination is submitted by electronic means it shall comply with the second subparagraph of Article 57(3) as regards the signature.’;

| 4. | in Article 36, the last sentence of paragraph 1 is deleted and the following paragraph 4 is added:

  ‘4.   Where the proposal for an amendment of a variety denomination is submitted by electronic means it shall comply with the second subparagraph of Article 57(3) as regards the signature.’; |
| --- | --- |

4.

in Article 36, the last sentence of paragraph 1 is deleted and the following paragraph 4 is added:

‘4.   Where the proposal for an amendment of a variety denomination is submitted by electronic means it shall comply with the second subparagraph of Article 57(3) as regards the signature.’;

| 5. | in Article 52, paragraph 1 is replaced by the following:

  ‘1.   Within three months after closure of the oral proceedings, the decision on the appeal shall be forwarded in writing, by any means provided for in Article 64(3), to the parties to the appeal proceedings.’; |
| --- | --- |

5.

in Article 52, paragraph 1 is replaced by the following:

‘1.   Within three months after closure of the oral proceedings, the decision on the appeal shall be forwarded in writing, by any means provided for in Article 64(3), to the parties to the appeal proceedings.’;

| 6. | in paragraph 2 of Article 53, the second sentence is replaced by the following:

  ‘Subsequently, the decision in writing shall be served on the parties to proceedings in accordance with Article 64.’; |
| --- | --- |

6.

in paragraph 2 of Article 53, the second sentence is replaced by the following:

‘Subsequently, the decision in writing shall be served on the parties to proceedings in accordance with Article 64.’;

| 7. | in Article 54(3), the word ‘duplicate’ is replaced by ‘copy’; |
| --- | --- |

7.

in Article 54(3), the word ‘duplicate’ is replaced by ‘copy’;

| 8. | Articles 57 and 58 are replaced by the following:

  ‘Article 57
  Documents filed by parties to proceedings

  1.   Any documents filed by a party to proceedings shall be submitted by post, personal delivery or electronic means.
  The details concerning electronic submissions shall be determined by the President of the Office.


  2.   The date of receipt of any document filed by parties to proceedings shall be deemed to be the date on which a document is in fact received on the premises or in the case of a document filed by electronic means, when the document is received electronically by the Office.


  3.   With the exception of annexed documents, any documents filed by parties to proceedings must be signed by them or their procedural representative.
  Where a document is submitted to the Office by electronic means, it shall contain an electronic signature.


  4.   If a document has not duly been signed, or where a document received is incomplete or illegible, or where the Office has doubts as to the accuracy of the document, the Office shall inform the sender accordingly and shall invite him to submit the original of the document signed in accordance with paragraph 3, or to retransmit a copy of the original, within a time limit of one month.
  Where the request is complied with within the period specified, the date of receipt of the signed document or of the retransmission shall be deemed to be the date of the receipt of the first document. Where the request is not complied with within the period specified, the document shall be deemed not to have been received.


  5.   Such document must be communicated to other parties to proceedings as well as to the Examination Office concerned, or documents relating to two or more applications for a Community plant variety right or an exploitation right, shall be filed in a sufficient number of copies. Missing copies shall be provided at the expense of the party to the proceedings.
  The first subparagraph shall not apply to documents submitted by electronic means.



  Article 58
  Documentary evidence

  1.   Evidence of final judgments and decisions, other than those of the Office, or other documentary evidence to be submitted by parties to proceedings, may be furnished by submitting an uncertified copy.


  2.   Where the Office has doubts as to the authenticity of the evidence referred to in paragraph 1, it may require submission of the original or a certified copy.’; |
| --- | --- |

8.

Articles 57 and 58 are replaced by the following:

‘Article 57

Documents filed by parties to proceedings

1.   Any documents filed by a party to proceedings shall be submitted by post, personal delivery or electronic means.

The details concerning electronic submissions shall be determined by the President of the Office.

2.   The date of receipt of any document filed by parties to proceedings shall be deemed to be the date on which a document is in fact received on the premises or in the case of a document filed by electronic means, when the document is received electronically by the Office.

3.   With the exception of annexed documents, any documents filed by parties to proceedings must be signed by them or their procedural representative.

Where a document is submitted to the Office by electronic means, it shall contain an electronic signature.

4.   If a document has not duly been signed, or where a document received is incomplete or illegible, or where the Office has doubts as to the accuracy of the document, the Office shall inform the sender accordingly and shall invite him to submit the original of the document signed in accordance with paragraph 3, or to retransmit a copy of the original, within a time limit of one month.

Where the request is complied with within the period specified, the date of receipt of the signed document or of the retransmission shall be deemed to be the date of the receipt of the first document. Where the request is not complied with within the period specified, the document shall be deemed not to have been received.

5.   Such document must be communicated to other parties to proceedings as well as to the Examination Office concerned, or documents relating to two or more applications for a Community plant variety right or an exploitation right, shall be filed in a sufficient number of copies. Missing copies shall be provided at the expense of the party to the proceedings.

The first subparagraph shall not apply to documents submitted by electronic means.

Article 58

Documentary evidence

1.   Evidence of final judgments and decisions, other than those of the Office, or other documentary evidence to be submitted by parties to proceedings, may be furnished by submitting an uncertified copy.

2.   Where the Office has doubts as to the authenticity of the evidence referred to in paragraph 1, it may require submission of the original or a certified copy.’;

| 9. | Article 64 is replaced by the following:

  ‘Article 64
  General provisions on service

  1.   In proceedings before the Office, any service of documents to be made by the Office on a party to proceedings shall take the form of the original document, of an uncertified copy thereof or a computer print-out. Documents emanating from other parties to proceedings may be served in the form of uncertified copies.


  2.   If a procedural representative has been appointed by one or more parties to proceedings, service shall be made on him in accordance with the provisions of paragraph 1.


  3.   Service shall be made:






  (a) | by post in accordance with Article 65; |
| --- | --- | --- |

9.

Article 64 is replaced by the following:

‘Article 64

General provisions on service

1.   In proceedings before the Office, any service of documents to be made by the Office on a party to proceedings shall take the form of the original document, of an uncertified copy thereof or a computer print-out. Documents emanating from other parties to proceedings may be served in the form of uncertified copies.

2.   If a procedural representative has been appointed by one or more parties to proceedings, service shall be made on him in accordance with the provisions of paragraph 1.

3.   Service shall be made:

(a)

by post in accordance with Article 65;

| (b) | by delivery by hand in accordance with Article 66; |
| --- | --- |

(b)

by delivery by hand in accordance with Article 66;

| (c) | by public notice in accordance with Article 67; or |
| --- | --- |

(c)

by public notice in accordance with Article 67; or

| (d) | by electronic means or any other technical means in accordance with the second subparagraph of this paragraph. |
| --- | --- |

(d)

by electronic means or any other technical means in accordance with the second subparagraph of this paragraph.

The President of the Office shall determine the details concerning service by electronic means.

4.   Documents or copies thereof containing actions for which service is provided in Article 79 of the Basic Regulation shall be served by registered letter with advice of delivery served by postal means; it can also be served by electronic means to be determined by the President of the Office.’;

| 10. | in Article 65, paragraph 1 is deleted; |
| --- | --- |

10.

in Article 65, paragraph 1 is deleted;

| 11. | in Article 67, ‘Article 65(1)’ is replaced by ‘Article 64(4)’; |
| --- | --- |

11.

in Article 67, ‘Article 65(1)’ is replaced by ‘Article 64(4)’;

| 12. | in Article 71, paragraph 2 is replaced by the following:

  ‘2.   If a time limit expires on a day on which there is a general interruption or a subsequent dislocation in the delivery of mail in a Member State or between a Member State and the Office, the time limit shall be extended until the first day following the end of the period of dislocation or interruption in the delivery of mail for parties to proceedings having their domicile or seat or establishment in the Member State concerned or having appointed procedural representatives with a seat in that State. Should the Member State concerned be the State in which the Office is located, this provision shall apply to all parties to proceedings. The duration of the period of interruption or dislocation shall be as stated and communicated by the President of the Office.
  As regards documents submitted by electronic means, the first subparagraph shall apply mutatis mutandis in cases where there is an interruption of the connection of the Office to the electronic means of communication.’; |
| --- | --- |

12.

in Article 71, paragraph 2 is replaced by the following:

‘2.   If a time limit expires on a day on which there is a general interruption or a subsequent dislocation in the delivery of mail in a Member State or between a Member State and the Office, the time limit shall be extended until the first day following the end of the period of dislocation or interruption in the delivery of mail for parties to proceedings having their domicile or seat or establishment in the Member State concerned or having appointed procedural representatives with a seat in that State. Should the Member State concerned be the State in which the Office is located, this provision shall apply to all parties to proceedings. The duration of the period of interruption or dislocation shall be as stated and communicated by the President of the Office.

As regards documents submitted by electronic means, the first subparagraph shall apply mutatis mutandis in cases where there is an interruption of the connection of the Office to the electronic means of communication.’;

| 13. | in Article 78(3), the following subparagraph is added:
  ‘The President of the Office shall determine the form of Registers. The Registers may be maintained in the form of an electronic database.’; |
| --- | --- |

13.

in Article 78(3), the following subparagraph is added:

‘The President of the Office shall determine the form of Registers. The Registers may be maintained in the form of an electronic database.’;

| 14. | in Article 79, paragraph 1 is replaced by the following:

  ‘1.   Any transfer of Community plant variety rights shall be entered in the Register of Community Plant Variety Rights on production of documentary evidence of the transfer, or of official documents confirming the transfer, or of such extracts from those documents as suffice to establish the transfer. The Office shall retain a copy of those pieces of documentary evidence in its files.
  The President of the Office shall determine the form in and the conditions under which those pieces of documentary evidence are to be retained in the files of the Office.’; |
| --- | --- |

14.

in Article 79, paragraph 1 is replaced by the following:

‘1.   Any transfer of Community plant variety rights shall be entered in the Register of Community Plant Variety Rights on production of documentary evidence of the transfer, or of official documents confirming the transfer, or of such extracts from those documents as suffice to establish the transfer. The Office shall retain a copy of those pieces of documentary evidence in its files.

The President of the Office shall determine the form in and the conditions under which those pieces of documentary evidence are to be retained in the files of the Office.’;

| 15. | Article 83 is replaced by the following:

  ‘Article 83
  Keeping of the files

  1.   Documents, either in the form of originals or copies relating to proceedings shall be kept in files, a file number being attached to such proceedings, except for those documents relating to the exclusion of, or objection to, members of the Board of Appeal, or to the staff of the Office or the Examination Office concerned, which shall be kept separately.


  2.   The Office shall keep one copy of the file referred to in paragraph 1 (file copy) which shall be considered the true and complete copy of the file. The Examination Office may keep a copy of the documents relating to such proceedings (examination copy), but shall ensure delivery of those originals which the Office does not hold.


  3.   The original documents filed by parties to the proceedings which form the basis of any electronic files may be disposed of after a period following their reception by the Office.


  4.   The President of the Office shall determine the details as to the form in which the files to be kept, the period during which files are to be kept and the period referred to in paragraph 3.’; |
| --- | --- |

15.

Article 83 is replaced by the following:

‘Article 83

Keeping of the files

1.   Documents, either in the form of originals or copies relating to proceedings shall be kept in files, a file number being attached to such proceedings, except for those documents relating to the exclusion of, or objection to, members of the Board of Appeal, or to the staff of the Office or the Examination Office concerned, which shall be kept separately.

2.   The Office shall keep one copy of the file referred to in paragraph 1 (file copy) which shall be considered the true and complete copy of the file. The Examination Office may keep a copy of the documents relating to such proceedings (examination copy), but shall ensure delivery of those originals which the Office does not hold.

3.   The original documents filed by parties to the proceedings which form the basis of any electronic files may be disposed of after a period following their reception by the Office.

4.   The President of the Office shall determine the details as to the form in which the files to be kept, the period during which files are to be kept and the period referred to in paragraph 3.’;

| 16. | in Article 87 the following paragraph 3 is added:

  ‘3.   The President of the Office shall determine the manner in which the Official Gazette is published.’; |
| --- | --- |

16.

in Article 87 the following paragraph 3 is added:

‘3.   The President of the Office shall determine the manner in which the Official Gazette is published.’;

| 17. | Article 91 is amended as follows:
  paragraph 1 is replaced by the following:

  ‘1.   Inspection of files under Article 91(1) of the Basic Regulation shall be of copies of the files issued by the Office exclusively for that purpose.’. |
| --- | --- |

17.

Article 91 is amended as follows:

paragraph 1 is replaced by the following:

‘1.   Inspection of files under Article 91(1) of the Basic Regulation shall be of copies of the files issued by the Office exclusively for that purpose.’.

Article 2

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

It shall apply from 1 January 2009.

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

Done at Brussels, 21 April 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 227, 1.9.1994, p. 1. Regulation as last amended by Regulation (EC) No 15/2008 (OJ L 8, 11.1.2008, p. 2).

1

(2)  
  OJ L 121, 1.6.1995, p. 37. Regulation as last amended by Regulation (EC) No 1002/2005 (OJ L 170, 1.7.2005, p. 7).

2

---

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

DECISIONS

Commission

| 22.4.2008 | EN | Official Journal of the European Union | L 110/7 |
| --- | --- | --- | --- |

22.4.2008

EN

Official Journal of the European Union

L 110/7

---

COMMISSION DECISION

of 1 April 2008

establishing a specific control and inspection programme related to the recovery of bluefin tuna in the Eastern Atlantic and the Mediterranean

(notified under document number C(2008) 1202)

(2008/323/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), and in particular Article 34c(1) thereof,

Whereas:

| (1) | Council Regulation (EC) No 1559/2007 (2) establishes a multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and the Mediterranean as recommended by the International Commission for the Conservation of the Atlantic Tunas (ICCAT). |
| --- | --- |

(1)

Council Regulation (EC) No 1559/2007 (2) establishes a multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and the Mediterranean as recommended by the International Commission for the Conservation of the Atlantic Tunas (ICCAT).

| (2) | To ensure the success of the multi-annual recovery plan, it is necessary to establish a specific control and inspection programme involving France, Portugal, Spain, Italy, Malta, Cyprus and Greece, with the objective of guaranteeing an appropriate level of implementation of the conservation and control measures applicable to fishing activities in relation to the recovery of bluefin tuna stocks. |
| --- | --- |

(2)

To ensure the success of the multi-annual recovery plan, it is necessary to establish a specific control and inspection programme involving France, Portugal, Spain, Italy, Malta, Cyprus and Greece, with the objective of guaranteeing an appropriate level of implementation of the conservation and control measures applicable to fishing activities in relation to the recovery of bluefin tuna stocks.

| (3) | That specific control and inspection programme should be set up for the period from 1 April to 31 December 2008. The results obtained by the application of the specific control and inspection programme should be periodically evaluated in cooperation with the Member States concerned. |
| --- | --- |

(3)

That specific control and inspection programme should be set up for the period from 1 April to 31 December 2008. The results obtained by the application of the specific control and inspection programme should be periodically evaluated in cooperation with the Member States concerned.

| (4) | In order to harmonise the control and inspection of the bluefin tuna fishery at Community level, it is appropriate to draw up common rules for the control and inspection activities to be carried out by the competent authorities of the Member States concerned, and that Member States adopt national control programmes in order to match such common rules. To that end, benchmarks for the intensity of control and inspection activities should be fixed, as well as control and inspection priorities and procedures. |
| --- | --- |

(4)

In order to harmonise the control and inspection of the bluefin tuna fishery at Community level, it is appropriate to draw up common rules for the control and inspection activities to be carried out by the competent authorities of the Member States concerned, and that Member States adopt national control programmes in order to match such common rules. To that end, benchmarks for the intensity of control and inspection activities should be fixed, as well as control and inspection priorities and procedures.

| (5) | To ensure the follow-up of infringements in accordance with Article 25 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (3), a framework should be set up under which all the authorities concerned may request mutual assistance and exchange relevant information in accordance with Articles 34a and 34b of Regulation (EEC) No 2847/93 and Article 28 of Regulation (EC) No 2371/2002. |
| --- | --- |

(5)

To ensure the follow-up of infringements in accordance with Article 25 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (3), a framework should be set up under which all the authorities concerned may request mutual assistance and exchange relevant information in accordance with Articles 34a and 34b of Regulation (EEC) No 2847/93 and Article 28 of Regulation (EC) No 2371/2002.

| (6) | Joint inspection and surveillance activities should be carried out in accordance with joint deployment plans established by the Community Fisheries Control Agency set up by Council Regulation (EC) No 768/2005 (4). |
| --- | --- |

(6)

Joint inspection and surveillance activities should be carried out in accordance with joint deployment plans established by the Community Fisheries Control Agency set up by Council Regulation (EC) No 768/2005 (4).

| (7) | The measures provided for in this Decision have been established in concert with the Member States concerned. |
| --- | --- |

(7)

The measures provided for in this Decision have been established in concert with the Member States concerned.

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Committee for Fisheries and Aquaculture, |
| --- | --- |

(8)

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

HAS ADOPTED THIS DECISION:

Article 1

Subject-matter

This Decision establishes a specific control and inspection programme in order to ensure the harmonised implementation of the multi-annual recovery plan set up by Regulation (EC) No 1559/2007 for bluefin tuna in the Eastern Atlantic and the Mediterranean.

Article 2

Scope

1.   The specific control and inspection programme shall cover:

| (a) | all fishing activities by vessels and traps catching bluefin tuna in the Eastern Atlantic and the Mediterranean; |
| --- | --- |

(a)

all fishing activities by vessels and traps catching bluefin tuna in the Eastern Atlantic and the Mediterranean;

| (b) | all landings, transfers and transhipments of bluefin tuna caught in the Eastern Atlantic and the Mediterranean; |
| --- | --- |

(b)

all landings, transfers and transhipments of bluefin tuna caught in the Eastern Atlantic and the Mediterranean;

| (c) | all related activities of farms and enterprises engaged in caging or processing of bluefin tuna and/or in trade of bluefin tuna products, including importation, exportation and re-exportation, transport and storage; |
| --- | --- |

(c)

all related activities of farms and enterprises engaged in caging or processing of bluefin tuna and/or in trade of bluefin tuna products, including importation, exportation and re-exportation, transport and storage;

| (d) | the implementation of the annual fishing plans referred to in Article 4 of Regulation (EC) No 1559/2007; |
| --- | --- |

(d)

the implementation of the annual fishing plans referred to in Article 4 of Regulation (EC) No 1559/2007;

| (e) | the prohibition to use spotting aircrafts and helicopters established in Article 6 of Regulation (EC) No 1559/2007; |
| --- | --- |

(e)

the prohibition to use spotting aircrafts and helicopters established in Article 6 of Regulation (EC) No 1559/2007;

| (f) | the sport and recreational fisheries as referred to in Articles 10 and 11 of Regulation (EC) No 1559/2007; |
| --- | --- |

(f)

the sport and recreational fisheries as referred to in Articles 10 and 11 of Regulation (EC) No 1559/2007;

| (g) | the implementation of the ICCAT Scheme of Joint International Inspection as referred to in Article 24 of Regulation (EC) No 1559/2007. |
| --- | --- |

(g)

the implementation of the ICCAT Scheme of Joint International Inspection as referred to in Article 24 of Regulation (EC) No 1559/2007.

2.   The specific control and inspection programme shall apply from 1 April to 31 December 2008.

Article 3

National control programmes

1.   France, Portugal, Spain, Italy, Malta, Cyprus, Greece shall establish national control programmes, in accordance with the common rules set out in Annex I, as regards the activities listed in Article 2.

2.   The Member States referred to in paragraph 1 shall submit to the Commission by 1 April 2008 their national control programme and the annual implementation schedule.

3.   National control programmes shall contain all the data listed in Annex II. The annual implementation schedules shall include details as regards the human and material resources allocated and the zones where those resources are to be deployed.

Article 4

Cooperation between Member States

All Member States shall cooperate with the Member States referred to in Article 3(1) for the implementation of the specific control and inspection programme.

Article 5

Commission inspections

1.   Inspections may be carried out by Commission inspectors without the assistance of inspectors of the Member States concerned, in accordance with Article 27 of Council Regulation (EC) No 2371/2002.

2.   The competent authority of the Member State concerned shall provide the Commission inspectors with the assistance necessary to conduct the inspections provided for in paragraph 1.

3.   The Commission inspectors shall verify their findings with the inspectors of the Member State concerned. To that end, they shall meet after each of their inspection visits with officials of the competent authority of the Member State concerned in order to brief them as to their findings.

Article 6

Joint inspection and surveillance activities

1.   The Member States referred to in Article 3(1) shall undertake joint inspection and surveillance activities.

2.   For that purpose, the Member States concerned shall:

| (a) | ensure that inspectors from other Member States concerned are invited to participate in joint inspection and surveillance activities; |
| --- | --- |

(a)

ensure that inspectors from other Member States concerned are invited to participate in joint inspection and surveillance activities;

| (b) | establish joint operational procedures applicable to their surveillance crafts. |
| --- | --- |

(b)

establish joint operational procedures applicable to their surveillance crafts.

3.   Commission inspectors may participate in joint inspection and surveillance activities.

Article 7

Infringements

1.   Member States whose inspectors discover any infringement while carrying out an inspection of the activities listed in Article 2, shall inform the following States of the date of inspection and the details of the infringement:

| (a) | the relevant flag Member State and/or ICCAT Contracting Party and, where appropriate; |
| --- | --- |

(a)

the relevant flag Member State and/or ICCAT Contracting Party and, where appropriate;

| (b) | the Member State where the farming installation or the enterprise engaged in the processing and/or trade of bluefin tuna products are established. |
| --- | --- |

(b)

the Member State where the farming installation or the enterprise engaged in the processing and/or trade of bluefin tuna products are established.

2.   Where the Member State whose inspectors discovered the infringement does not take further action, the Member States informed under paragraph 1 shall take prompt action as appropriate to receive and consider the evidence of the infringement. They shall conduct any further investigation as necessary for the follow-up of the infringement.

3.   Member States shall cooperate to ensure that, if prosecution of an infringement is transferred to the Member State of registration in accordance with Article 31(4) of Regulation (EEC) No 2847/93, the security and continuity of any evidence of the infringement cited by its inspectors is guaranteed in each case.

Article 8

Information

1.   The Member States referred to in Article 3(1) shall communicate to the Commission by the end of every month the following information concerning that month:

| (a) | the inspection and control activities carried out; |
| --- | --- |

(a)

the inspection and control activities carried out;

| (b) | all infringements, including for each infringement the identification of:






  (i) | the fishing vessel (name, flag and external identification code), the trap, the farm or the enterprise engaged in the processing and/or trade of bluefin tuna products concerned; |
| --- | --- | --- |

(b)

all infringements, including for each infringement the identification of:

(i)

the fishing vessel (name, flag and external identification code), the trap, the farm or the enterprise engaged in the processing and/or trade of bluefin tuna products concerned;

| (ii) | the date, time and location of the inspection; and |
| --- | --- |

(ii)

the date, time and location of the inspection; and

| (iii) | the nature of the infringement; |
| --- | --- |

(iii)

the nature of the infringement;

| (c) | the current state of play concerning the follow-up of infringements detected; |
| --- | --- |

(c)

the current state of play concerning the follow-up of infringements detected;

| (d) | any relevant coordination and cooperation actions between Member States. |
| --- | --- |

(d)

any relevant coordination and cooperation actions between Member States.

2.   An infringement shall continue to be listed on each subsequent report until the action is concluded under the laws of the Member State concerned. Each subsequent report shall:

| (a) | indicate the current status of the case (e.g. case pending, under appeal, still under investigation); and |
| --- | --- |

(a)

indicate the current status of the case (e.g. case pending, under appeal, still under investigation); and

| (b) | describe in specific terms any penalties imposed (e.g. level of fines, value of forfeited fish and/or gear, written warning given). |
| --- | --- |

(b)

describe in specific terms any penalties imposed (e.g. level of fines, value of forfeited fish and/or gear, written warning given).

3.   Reports shall include an explanation if no action has been taken.

Article 9

Evaluation

The Commission shall convene every two months a meeting of the Committee for Fisheries and Aquaculture to evaluate the compliance with and results of the specific control and inspection programme.

Article 10

Addresses

This Decision is addressed to the Member States.

Done at Brussels, 1 April 2008.

For the Commission

Joe BORG

Member of the Commission

---

(1)  
  OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1098/2007 (OJ L 248, 22.9.2007, p. 1).

1

(2)  
  OJ L 340, 22.12.2007, p. 8.

2

(3)  
  OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).

3

(4)  
  OJ L 128, 21.5.2005, p. 1.

4

---

ANNEX I

Common rules for national control programmes, as referred to in Article 3(1)

Objectives

| 1. | The general objective of the national control programmes shall be the verification of compliance with applicable legislation concerning:






  (a) | quantitative restrictions on catches and any specific conditions associated therewith, including the monitoring of quota uptake; |
| --- | --- | --- |

1.

(a)

quantitative restrictions on catches and any specific conditions associated therewith, including the monitoring of quota uptake;

| (b) | annual fishing plans referred to in Council Regulation (EC) No 1559/2007; |
| --- | --- |

(b)

annual fishing plans referred to in Council Regulation (EC) No 1559/2007;

| (c) | all documents required by the legislation applicable to bluefin tuna, in particular verifying the reliability of the information recorded; |
| --- | --- |

(c)

all documents required by the legislation applicable to bluefin tuna, in particular verifying the reliability of the information recorded;

| (d) | specific technical measures and conditions for fishing for bluefin tuna as provided for in Council Regulation (EC) No 1559/2007, specifically the application of minimum size rules and associated conditions. |
| --- | --- |

(d)

specific technical measures and conditions for fishing for bluefin tuna as provided for in Council Regulation (EC) No 1559/2007, specifically the application of minimum size rules and associated conditions.

| 2. | The specific objective of the national control programmes shall be to achieve the harmonised implementation of the full provisions of the bluefin tuna recovery plan, established by Regulation (EC) No 1559/2007. |
| --- | --- |

2.

Strategy

The national control programme shall concentrate on control and inspection of fishing and all related activities by any fishing vessel, trap, farm and enterprise engaged in the processing and/or trade of bluefin tuna products.

Inspections of transport and marketing of bluefin tuna shall be used as a complementary cross-checking mechanism to test the efficiency of the control and inspection.

1.1.   Priorities

Different gear categories shall be subject to different levels of prioritisation, according to the annual fishing plan. For that reason, each Member State shall set specific priorities.

1.2.   Target benchmarks

By 1 April 2008, Member States shall set up their inspection schedules taking into account the following inspection and control benchmark:

| Place of inspection | Benchmark |
| --- | --- |
| Inspection at sea | Flexible benchmark, to be set after a detailed analysis of the fishing activity in each area. Benchmarks at sea shall refer the number of patrol days at sea in the bluefin tuna recovery zone, with possibly a separate benchmark for days patrolling specific areas. |
| Landings | All vessels entering a designated port for the purpose of landing bluefin tuna shall be controlled.
  Random checks shall be done in non designated ports. |
| Transhipments | All receiving and catching vessels entering a designated port for the purpose of transhipment operations involving bluefin tuna shall be controlled.
  Random checks shall be done in non designated ports. |
| Caging activities (including harvest) | Each caging operation and harvesting process shall be controlled. |
| Marketing | Control of 10 % of the quantities of bluefin tuna products offered for sale. |
| Aerial surveillance | Flexible benchmark, to be set after a detailed analysis of the fishing activity conducted in each area and taking into consideration the available resources at the Member State’s disposal. |
| Sport and Recreational Fisheries | Control of 20 % of the national allocated quota. |

Place of inspection

Benchmark

Inspection at sea

Flexible benchmark, to be set after a detailed analysis of the fishing activity in each area. Benchmarks at sea shall refer the number of patrol days at sea in the bluefin tuna recovery zone, with possibly a separate benchmark for days patrolling specific areas.

Landings

All vessels entering a designated port for the purpose of landing bluefin tuna shall be controlled.

Random checks shall be done in non designated ports.

Transhipments

All receiving and catching vessels entering a designated port for the purpose of transhipment operations involving bluefin tuna shall be controlled.

Random checks shall be done in non designated ports.

Caging activities (including harvest)

Each caging operation and harvesting process shall be controlled.

Marketing

Control of 10 % of the quantities of bluefin tuna products offered for sale.

Aerial surveillance

Flexible benchmark, to be set after a detailed analysis of the fishing activity conducted in each area and taking into consideration the available resources at the Member State’s disposal.

Sport and Recreational Fisheries

Control of 20 % of the national allocated quota.

Inspection tasks

1.3.   General inspection tasks

An inspection report shall be drawn up for each control and inspection, with the information appended to this Annex. Inspectors shall in any case verify and note in their report the following information:

| (a) | the details of the identity of the responsible persons, as well as those of the vessel, farm personnel etc. involved in the activities inspected; |
| --- | --- |

(a)

the details of the identity of the responsible persons, as well as those of the vessel, farm personnel etc. involved in the activities inspected;

| (b) | the authorisations, licences and special fishing permits; |
| --- | --- |

(b)

the authorisations, licences and special fishing permits;

| (c) | relevant vessel documentation such as the logbooks, transfer and transhipment declarations, T2Ms, ICCAT Statistical and Catch documents, and other documentation examined for the purpose of the control and inspection; |
| --- | --- |

(c)

relevant vessel documentation such as the logbooks, transfer and transhipment declarations, T2Ms, ICCAT Statistical and Catch documents, and other documentation examined for the purpose of the control and inspection;

| (d) | detailed observation of the sizes of bluefin tuna caught, trapped, transferred, transhipped, landed, transported, farmed, processed or traded in the context of compliance with the provisions of the recovery plan. |
| --- | --- |

(d)

detailed observation of the sizes of bluefin tuna caught, trapped, transferred, transhipped, landed, transported, farmed, processed or traded in the context of compliance with the provisions of the recovery plan.

The information referred to all relevant findings from the inspection done at sea, by aerial surveillance, in ports, traps, farms or in any other enterprise concerned shall be noted in the inspection reports.

Those findings shall be compared with the information made available to the inspectors by other competent authorities, including Vessel Monitoring System (VMS) information and lists of authorised vessels.

1.4.   Inspection tasks for aerial surveillance

Inspectors shall report on surveillance data for cross-checking purposes, and in particular verify sightings of fishing vessels against VMS and authorised lists.

Inspectors shall sight and report on IUU fishing activities, and on the use of spotting aircrafts or helicopters.

Particular attention shall be devoted to closure areas, and to the activities of fleets for which derogations apply.

1.5.   Inspection tasks at sea

Where dead fish are taken onboard the catching vessel or are present aboard a processing or a transport vessel, inspectors shall always verify the quantities of fish retained on board and compare them with the quantities recorded in the relevant documentation on board.

Where live fish are being transferred from catching vessels to transport tugs or from transport tugs into farming installations, inspectors should seek to identify the means used by the parties involved to estimate the quantities of live bluefin tuna transferred. Where video footage is available, inspectors should gain access to, and verify the quantities transferred, as observed by the video footage.

Inspectors shall systematically verify:

| — | that the fishing vessels are authorised to operate (register of authorised fishing vessels, closed fishing seasons, transhipment at sea), |
| --- | --- |

—

that the fishing vessels are authorised to operate (register of authorised fishing vessels, closed fishing seasons, transhipment at sea),

| — | that the fishing vessels are equipped with an operational Vessel Monitoring System (VMS), |
| --- | --- |

—

that the fishing vessels are equipped with an operational Vessel Monitoring System (VMS),

| — | for catching vessels, that the relevant information is duly reported in the logbook, |
| --- | --- |

—

for catching vessels, that the relevant information is duly reported in the logbook,

| — | for the fishing vessels participating in the transfer, transport and processing of the bluefin tuna, that the relevant documentation is on board is present and duly completed, |
| --- | --- |

—

for the fishing vessels participating in the transfer, transport and processing of the bluefin tuna, that the relevant documentation is on board is present and duly completed,

| — | in case of joint fishing operations, the presence of an observer during the fishing operation, |
| --- | --- |

—

in case of joint fishing operations, the presence of an observer during the fishing operation,

| — | the physical quantities of bluefin tuna on board, and their presentation, |
| --- | --- |

—

the physical quantities of bluefin tuna on board, and their presentation,

| — | the size composition of catches of bluefin tuna on board (by-catch and minimum size rules), |
| --- | --- |

—

the size composition of catches of bluefin tuna on board (by-catch and minimum size rules),

| — | the fishing gear on board. |
| --- | --- |

—

the fishing gear on board.

Inspectors shall sight and report on IUU fishing activities, and on the use of spotting aircrafts or helicopters.

1.6.   Inspection tasks at landing

Inspectors shall systematically verify:

| — | that the fishing vessels are authorised to operate (register of authorised fishing vessels, closed fishing seasons), |
| --- | --- |

—

that the fishing vessels are authorised to operate (register of authorised fishing vessels, closed fishing seasons),

| — | that the pre-notification of arrival for landing was sent and contained the correct information concerning the catch on board, |
| --- | --- |

—

that the pre-notification of arrival for landing was sent and contained the correct information concerning the catch on board,

| — | that the fishing vessels are equipped with an operational vessel monitoring system (VMS), |
| --- | --- |

—

that the fishing vessels are equipped with an operational vessel monitoring system (VMS),

| — | for catching vessels, that the relevant information is duly reported in the logbook, |
| --- | --- |

—

for catching vessels, that the relevant information is duly reported in the logbook,

| — | for the fishing vessels participating in the transport and processing of the bluefin tuna, that the relevant documentation is on board is present and duly completed, including the relevant T2Ms and ICCAT Statistical and Catch documents, |
| --- | --- |

—

for the fishing vessels participating in the transport and processing of the bluefin tuna, that the relevant documentation is on board is present and duly completed, including the relevant T2Ms and ICCAT Statistical and Catch documents,

| — | the physical quantities of bluefin tuna on board, and presentation, |
| --- | --- |

—

the physical quantities of bluefin tuna on board, and presentation,

| — | the size composition of catches of bluefin tuna on board (by-catch and minimum size rules), |
| --- | --- |

—

the size composition of catches of bluefin tuna on board (by-catch and minimum size rules),

| — | the fishing gear on board, |
| --- | --- |

—

the fishing gear on board,

| — | in the case of landing of processed products, the use of the ICCAT conversion factors to calculate the equivalent round weight of the processed bluefin tuna, |
| --- | --- |

—

in the case of landing of processed products, the use of the ICCAT conversion factors to calculate the equivalent round weight of the processed bluefin tuna,

| — | that the bluefin tuna offered for retail sale to the final consumer, from fishing vessels in the Eastern Atlantic, is correctly marked or labelled, |
| --- | --- |

—

that the bluefin tuna offered for retail sale to the final consumer, from fishing vessels in the Eastern Atlantic, is correctly marked or labelled,

| — | that the bluefin tuna landed by the bait boats in the Eastern Atlantic is correctly tail tagged. |
| --- | --- |

—

that the bluefin tuna landed by the bait boats in the Eastern Atlantic is correctly tail tagged.

1.7.   Inspection tasks during transhipment

Inspectors shall systematically verify:

| — | that the fishing vessels are authorised to operate (registers of authorised fishing vessels), |
| --- | --- |

—

that the fishing vessels are authorised to operate (registers of authorised fishing vessels),

| — | for transhipments in port, that the pre-notification of arrival in port was sent and contained the correct information concerning the transhipment, |
| --- | --- |

—

for transhipments in port, that the pre-notification of arrival in port was sent and contained the correct information concerning the transhipment,

| — | that catching vessels wishing to tranship have received prior authorisation from their flag State, |
| --- | --- |

—

that catching vessels wishing to tranship have received prior authorisation from their flag State,

| — | that the quantities pre-notified to be transhipped are verified, |
| --- | --- |

—

that the quantities pre-notified to be transhipped are verified,

| — | that the relevant documentation is on board is present and duly completed, including the transhipment declaration, the relevant T2Ms and ICCAT Statistical and Catch documents, |
| --- | --- |

—

that the relevant documentation is on board is present and duly completed, including the transhipment declaration, the relevant T2Ms and ICCAT Statistical and Catch documents,

| — | in the case of processed products, the use of the ICCAT conversion factors to calculate the equivalent round weight of the processed bluefin tuna, |
| --- | --- |

—

in the case of processed products, the use of the ICCAT conversion factors to calculate the equivalent round weight of the processed bluefin tuna,

| — | for transhipments at sea, the presence of an observer during the transhipment operation. |
| --- | --- |

—

for transhipments at sea, the presence of an observer during the transhipment operation.

1.8.   Inspection tasks on farm installations

Inspectors shall systematically verify:

| — | that the relevant documentation is present and duly completed (caging and harvest declarations), |
| --- | --- |

—

that the relevant documentation is present and duly completed (caging and harvest declarations),

| — | that an observer is present during all transfer and harvesting of bluefin tuna, and has validated the caging declarations. |
| --- | --- |

—

that an observer is present during all transfer and harvesting of bluefin tuna, and has validated the caging declarations.

1.9.   Inspection tasks concerning transports and marketing

Inspectors shall systematically verify:

| — | as regards transport, in particular the relevant accompanying documents and check them against the physical quantities transported, |
| --- | --- |

—

as regards transport, in particular the relevant accompanying documents and check them against the physical quantities transported,

| — | as regards marketing, that the relevant documentation is present and duly completed, including the relevant T2Ms and ICCAT Statistical and Catch documents. |
| --- | --- |

—

as regards marketing, that the relevant documentation is present and duly completed, including the relevant T2Ms and ICCAT Statistical and Catch documents.

Image 1

REPORT OF INSPECTION

1. Inspector

1.1. Name ...

1.2. Nationality ...

1.3. Inspector identity card number/type (ICCAT) ...

2. Inspection type

Vessel at sea

Transhipment

Farm: transfer in/harvest

Trap

At landing

Aerial surveillance

Transport ashore

Marketing

3. Ship carrying the inspector (where appropriate)

3.1. Name and registration ...

3.2. Flag ...

4. Vessel/farm/trap inspected

4.1. Name and registration ...

4.2. Flag/Member State ...

4.3. Captain/farm manager (name) ...

4.4. Owner/company (name and address) ...

4.5. ICCAT record number ...

5. Position

5.1. As determined by the inspector:

Lat.

Long.

5.2. Determined by the captain of the fishing vessel:

Lat.

Long.

5.3. Time (GMT) when position was recorded:

6. Date ...

7. Time

7.1. On arrival ...

7.2. Of departure ...

8. Fishing gear on board

Purse seine

Pole and Line (Bait boat)

Longline

Trolling lines

Other (specify)

9. Species observed on board

10. Statement of photographs taken with description of subjects

11. List of documents inspected and comments

12. Results of the inspection of the fish on board

| Species | | | | |
| --- | --- | --- | --- | --- |
| Total catch (kg) | | | | |
| Product type | | | | |
| Sample inspected | | | | |
| % Under minimum size | | | | |

Species

Total catch (kg)

Product type

Sample inspected

% Under minimum size

13. Inspector’s comments

14. Observer’s comments

---

ANNEX II

Contents of national control programmes as referred to in Article 3(2)

National control programmes shall, inter alia, specify:

Means of control

| — | Human means

  The numbers of shore-based and seagoing inspectors and the periods and zones where these are available to be deployed. |
| --- | --- |

—

Human means

The numbers of shore-based and seagoing inspectors and the periods and zones where these are available to be deployed.

| — | Technical means

  The numbers of patrol vessels and aircraft and the periods and zones where these are available to be deployed. |
| --- | --- |

—

Technical means

The numbers of patrol vessels and aircraft and the periods and zones where these are available to be deployed.

| — | Financial means

  The budgetary allocation for deployment of human resources, patrol vessels and aircraft. |
| --- | --- |

—

Financial means

The budgetary allocation for deployment of human resources, patrol vessels and aircraft.

Designation of ports

The list of the designated ports required under Council Regulation (EC) No 1559/2007, and any subsequent legislation related to the Recovery Plan.

Annual fishing plans

The details of any system in place for allocation of quotas, monitoring and control of the fishing plan.

Inspection protocols

Detailed protocols for all inspection activities.

Guidelines

Explanatory guidelines for inspectors, producers’ organisations and fishermen.

Communication protocols

Protocols for communication with the competent authorities designated by other Member States as being responsible for the specific control and inspection programme for bluefin tuna.

---

Corrigenda

| 22.4.2008 | EN | Official Journal of the European Union | L 110/16 |
| --- | --- | --- | --- |

22.4.2008

EN

Official Journal of the European Union

L 110/16

---

Corrigendum to Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector

(
  Official Journal of the European Union L 270, 21 October 2003
  )

On page 132, in Annex I, ‘Reference quantities’, in point (d), ‘Period 2007/2008’:

for:

| ‘Germany | 28 143 464,000 |
| --- | --- |
| (...) |
| Austria | 2 776 895,000 ’, |

‘Germany

28 143 464,000

(...)

Austria

2 776 895,000 ’,

read:

| ‘Germany | 28 142 465,561 |
| --- | --- |
| (...) |
| Austria | 2 777 893,609 ’. |

‘Germany

28 142 465,561

(...)

Austria

2 777 893,609 ’.

---

| 22.4.2008 | EN | Official Journal of the European Union | L 110/16 |
| --- | --- | --- | --- |

22.4.2008

EN

Official Journal of the European Union

L 110/16

---

Corrigendum to Council Decision 2008/262/EC of 28 February 2008 on the signature, on behalf of the European Union, and on the provisional application of certain provisions of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis

(
  Official Journal of the European Union L 83, 26 March 2008
  )

On cover page and page 5:

for:

‘2008/262/EC’

read:

‘2008/262/JHA’.

This decision should be considered as published under section L III, Title VI.

---