# Official Journal L 209/2010

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2010.209.eng |
| --- | --- |
| Official Journal
  of the European Union | L 209 |
| | |
| English edition | Legislation | Volume 5310 August 2010 |

ISSN 1725-2555

doi:10.3000/17252555.L_2010.209.eng

Official Journal

of the European Union

L 209

English edition

Legislation

Volume 5310 August 2010

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Regulation (EU) No 712/2010 of 26 July 2010 amending Regulation (EU) No 53/2010 as regards certain fishing opportunities and amending Regulation (EC) No 754/2009 | 1 |
| | * | Commission Regulation (EU) No 713/2010 of 9 August 2010 amending for the 133rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban | 14 |
| | | Commission Regulation (EU) No 714/2010 of 9 August 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables | 16 |
| | | DECISIONS |
| | | 2010/435/EU |
| | * | Commission Decision of 9 August 2010 amending Annex XI to Council Directive 2003/85/EC as regards the list of laboratories authorised to handle live foot-and-mouth disease virus
  (notified under document C(2010) 5420)

   (
  1
  ) | 18 |
| | | 2010/436/EU |
| | * | Commission Decision of 9 August 2010 implementing Council Decision 2000/258/EC as regards proficiency tests for the purposes of maintaining authorisations of laboratories to carry out serological tests to monitor the effectiveness of rabies vaccines
  (notified under document C(2010) 5421)

   (
  1
  ) | 19 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Council Regulation (EU) No 712/2010 of 26 July 2010 amending Regulation (EU) No 53/2010 as regards certain fishing opportunities and amending Regulation (EC) No 754/2009

1

*

Commission Regulation (EU) No 713/2010 of 9 August 2010 amending for the 133rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban

14

Commission Regulation (EU) No 714/2010 of 9 August 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables

16

DECISIONS

2010/435/EU

*

Commission Decision of 9 August 2010 amending Annex XI to Council Directive 2003/85/EC as regards the list of laboratories authorised to handle live foot-and-mouth disease virus
  (notified under document C(2010) 5420)

   (
  1
  )

(notified under document C(2010) 5420)

1

18

2010/436/EU

*

Commission Decision of 9 August 2010 implementing Council Decision 2000/258/EC as regards proficiency tests for the purposes of maintaining authorisations of laboratories to carry out serological tests to monitor the effectiveness of rabies vaccines
  (notified under document C(2010) 5421)

   (
  1
  )

(notified under document C(2010) 5421)

1

19

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

---

II Non-legislative acts

REGULATIONS

| 10.8.2010 | EN | Official Journal of the European Union | L 209/1 |
| --- | --- | --- | --- |

10.8.2010

EN

Official Journal of the European Union

L 209/1

---

COUNCIL REGULATION (EU) No 712/2010

of 26 July 2010

amending Regulation (EU) No 53/2010 as regards certain fishing opportunities and amending Regulation (EC) No 754/2009

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Council Regulation (EU) No 53/2010 of 14 January 2010 (1) fixes for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required. |
| --- | --- |

(1)

Council Regulation (EU) No 53/2010 of 14 January 2010 (1) fixes for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required.

| (2) | In the context of the fisheries agreement with Norway, a further 521 tonnes of cod in Norwegian waters of ICES zones I and II, as well as 150 tonnes of whiting and 100 tonnes of plaice in the North Sea have been made available to the Union. In addition, the arrangements for licences for EU vessels fishing for mackerel in Norwegian waters have been amended. These measures should be implemented in the law of the Union. |
| --- | --- |

(2)

In the context of the fisheries agreement with Norway, a further 521 tonnes of cod in Norwegian waters of ICES zones I and II, as well as 150 tonnes of whiting and 100 tonnes of plaice in the North Sea have been made available to the Union. In addition, the arrangements for licences for EU vessels fishing for mackerel in Norwegian waters have been amended. These measures should be implemented in the law of the Union.

| (3) | At its annual meeting in 2009, the Northwest Atlantic Fisheries Organisation (NAFO) decided to reopen the fishery for cod in zone NAFO 3M and for redfish in zone NAFO 3LN after having set a moratorium for over ten years. The by-catch rules established in Regulation (EU) No 53/2010 for the two reopened fisheries should be amended to ensure consistency with the general by-catch rules applicable in the NAFO Regulatory Area pursuant to Article 4(1) of Council Regulation (EC) No 1386/2007 of 22 October 2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (2). |
| --- | --- |

(3)

At its annual meeting in 2009, the Northwest Atlantic Fisheries Organisation (NAFO) decided to reopen the fishery for cod in zone NAFO 3M and for redfish in zone NAFO 3LN after having set a moratorium for over ten years. The by-catch rules established in Regulation (EU) No 53/2010 for the two reopened fisheries should be amended to ensure consistency with the general by-catch rules applicable in the NAFO Regulatory Area pursuant to Article 4(1) of Council Regulation (EC) No 1386/2007 of 22 October 2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (2).

| (4) | In the context of the fisheries agreement with Greenland, the conditions for fishing cod in Greenlandic waters have been amended. These amendments should be implemented into the law of the Union. |
| --- | --- |

(4)

In the context of the fisheries agreement with Greenland, the conditions for fishing cod in Greenlandic waters have been amended. These amendments should be implemented into the law of the Union.

| (5) | At its special meeting in Madrid on 24-26 February 2010, the compliance committee of The International Commission for the Conservation of Atlantic Tunas (ICCAT) reduced the quota for bluefin tuna allocated to the European Union. It is therefore necessary to implement those new provisions into the law of the Union. |
| --- | --- |

(5)

At its special meeting in Madrid on 24-26 February 2010, the compliance committee of The International Commission for the Conservation of Atlantic Tunas (ICCAT) reduced the quota for bluefin tuna allocated to the European Union. It is therefore necessary to implement those new provisions into the law of the Union.

| (6) | Having regard to paragraphs 5 and 8 of Article 5 and paragraph 4 of Article 6 of Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean (3) it is necessary to establish the maximum number and total capacity in gross tonnage of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport, or land bluefin tuna, the maximum number of tuna traps that may be authorised by each Member State, the maximum tuna farming and fattening capacity for each Member State and the maximum input of wild caught bluefin tuna that each Member State may allocate to its farms. |
| --- | --- |

(6)

Having regard to paragraphs 5 and 8 of Article 5 and paragraph 4 of Article 6 of Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean (3) it is necessary to establish the maximum number and total capacity in gross tonnage of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport, or land bluefin tuna, the maximum number of tuna traps that may be authorised by each Member State, the maximum tuna farming and fattening capacity for each Member State and the maximum input of wild caught bluefin tuna that each Member State may allocate to its farms.

| (7) | Within the context of establishing fishing opportunities and in accordance with Article 11 of Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (4), the Council may, on the basis of information provided by Member States and assessed by the Scientific, Technical and Economic Committee for Fisheries (STECF), exclude certain groups of vessels from the fishing effort regime established in that Regulation, provided that appropriate data is available on cod catches and discards of the vessels concerned, that the percentage of cod catches does not exceed 1,5 % of the total catches of the group of vessels and that the inclusion of the group in the effort regime would constitute an administrative burden disproportionate to its overall impact on cod stocks. Germany provided information on the cod catches by a group of vessels targeting saithe in the North Sea and in the area to the West of Scotland with bottom trawls of mesh size equal to or larger than 120 mm.
  Ireland provided information on the cod catches by a group of vessels targeting Nephrops in the Irish Sea with a selective sorting grid similar to that defined in Appendix 2 to Annex III to Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (5). France provided information on the cod catches by a group of vessels targeting deep-sea species in the West of Scotland with bottom trawls of mesh size larger than 110 mm. On the basis of that information as assessed by STECF, it can be established that the cod catches, including discards, of those groups of vessels do not exceed 1,5 % of their total catches. Moreover, having regard to control and monitoring measures in place ensuring the monitoring and control of the fishing activities of those groups of vessels and considering that the inclusion of those groups would constitute an administrative burden disproportionate to the overall impact of that inclusion on cod stocks, it is appropriate to exclude those groups of vessels from the fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/2008, thus allowing to establish the effort limits for the Member States concerned accordingly. |
| --- | --- |

(7)

Within the context of establishing fishing opportunities and in accordance with Article 11 of Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (4), the Council may, on the basis of information provided by Member States and assessed by the Scientific, Technical and Economic Committee for Fisheries (STECF), exclude certain groups of vessels from the fishing effort regime established in that Regulation, provided that appropriate data is available on cod catches and discards of the vessels concerned, that the percentage of cod catches does not exceed 1,5 % of the total catches of the group of vessels and that the inclusion of the group in the effort regime would constitute an administrative burden disproportionate to its overall impact on cod stocks. Germany provided information on the cod catches by a group of vessels targeting saithe in the North Sea and in the area to the West of Scotland with bottom trawls of mesh size equal to or larger than 120 mm.

Ireland provided information on the cod catches by a group of vessels targeting Nephrops in the Irish Sea with a selective sorting grid similar to that defined in Appendix 2 to Annex III to Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (5). France provided information on the cod catches by a group of vessels targeting deep-sea species in the West of Scotland with bottom trawls of mesh size larger than 110 mm. On the basis of that information as assessed by STECF, it can be established that the cod catches, including discards, of those groups of vessels do not exceed 1,5 % of their total catches. Moreover, having regard to control and monitoring measures in place ensuring the monitoring and control of the fishing activities of those groups of vessels and considering that the inclusion of those groups would constitute an administrative burden disproportionate to the overall impact of that inclusion on cod stocks, it is appropriate to exclude those groups of vessels from the fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/2008, thus allowing to establish the effort limits for the Member States concerned accordingly.

| (8) | Article 16(3) of Regulation (EC) No 1342/2008 allowed Member States to modify their effort allocations in 2009 by transferring their fishing effort and capacity between geographical areas, provided that certain conditions were met. On the basis of the information provided by the Netherlands regarding the transfer of a certain amount of effort and capacity from the North Sea to the Irish Sea in 2009, it is appropriate to adjust the maximum allowable effort allocated to the Netherlands, which is set out in Appendix 1 to Annex IIA to Regulation (EU) No 53/2010. |
| --- | --- |

(8)

Article 16(3) of Regulation (EC) No 1342/2008 allowed Member States to modify their effort allocations in 2009 by transferring their fishing effort and capacity between geographical areas, provided that certain conditions were met. On the basis of the information provided by the Netherlands regarding the transfer of a certain amount of effort and capacity from the North Sea to the Irish Sea in 2009, it is appropriate to adjust the maximum allowable effort allocated to the Netherlands, which is set out in Appendix 1 to Annex IIA to Regulation (EU) No 53/2010.

| (9) | Regulation (EU) No 53/2010 and Council Regulation (EC) No 754/2009 of 27 July 2009 excluding certain groups of vessels from the fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/2008 (6) should therefore be amended accordingly. |
| --- | --- |

(9)

Regulation (EU) No 53/2010 and Council Regulation (EC) No 754/2009 of 27 July 2009 excluding certain groups of vessels from the fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/2008 (6) should therefore be amended accordingly.

| (10) | Regulation (EU) No 53/2010 applies from 1 January 2010. However, the fishing effort limits are laid down for a one-year period starting from 1 February 2010. In order to follow the year-to-year regime of reporting on fishing opportunities, the provisions of this Regulation concerning catch limits and allocations should apply from 1 January 2010 and the provisions concerning fishing effort limits from 1 February 2010. Such retroactive application would be without prejudice to the principle of legal certainty as the fishing opportunities to be reduced have not yet been exhausted, |
| --- | --- |

(10)

Regulation (EU) No 53/2010 applies from 1 January 2010. However, the fishing effort limits are laid down for a one-year period starting from 1 February 2010. In order to follow the year-to-year regime of reporting on fishing opportunities, the provisions of this Regulation concerning catch limits and allocations should apply from 1 January 2010 and the provisions concerning fishing effort limits from 1 February 2010. Such retroactive application would be without prejudice to the principle of legal certainty as the fishing opportunities to be reduced have not yet been exhausted,

HAS ADOPTED THIS REGULATION:

Article 1

Amendment to Regulation (EU) No 53/2010

Regulation (EU) No 53/2010 is amended as follows:

| 1. | Article 15 is replaced by the following:

  ‘Article 15
  Fishing and farming and fattening capacity limitations for bluefin tuna

  1.   The number of EU bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic shall be limited as set out in point 1 of Annex IV.


  2.   The number of EU coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean shall be limited as set out in point 2 of Annex IV.


  3.   The number of EU vessels fishing for bluefin tuna in the Adriatic Sea for farming purposes authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm shall be limited as set out in point 3 of Annex IV.


  4.   The number and total capacity in gross tonnage of fishing vessels authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean shall be limited as set out in point 4 of Annex IV.


  5.   The number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery shall be limited as set out in point 5 of Annex IV.


  6.   The bluefin tuna farming capacity, the fattening capacity and the maximum input of wild caught bluefin tuna allocated to the farms in the eastern Atlantic and Mediterranean shall be limited as set out in point 6 of Annex IV.’ |
| --- | --- |

1.

Article 15 is replaced by the following:

‘Article 15

Fishing and farming and fattening capacity limitations for bluefin tuna

1.   The number of EU bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic shall be limited as set out in point 1 of Annex IV.

2.   The number of EU coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean shall be limited as set out in point 2 of Annex IV.

3.   The number of EU vessels fishing for bluefin tuna in the Adriatic Sea for farming purposes authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm shall be limited as set out in point 3 of Annex IV.

4.   The number and total capacity in gross tonnage of fishing vessels authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean shall be limited as set out in point 4 of Annex IV.

5.   The number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery shall be limited as set out in point 5 of Annex IV.

6.   The bluefin tuna farming capacity, the fattening capacity and the maximum input of wild caught bluefin tuna allocated to the farms in the eastern Atlantic and Mediterranean shall be limited as set out in point 6 of Annex IV.’

| 2. | Annex IA is amended as follows:






  (a) | the entry for whiting in zone IV; EU waters of IIa is replaced by the following:













  ‘Species | : | Whiting

  Merlangius merlangus |
| --- | --- | --- | --- | --- |

2.

Annex IA is amended as follows:

(a)

the entry for whiting in zone IV; EU waters of IIa is replaced by the following:

‘Species

:

Whiting

Merlangius merlangus

Merlangius merlangus

| Zone | : | IV; EU waters of IIa
  (WHG/2AC4.) |
| --- | --- | --- |

Zone

:

IV; EU waters of IIa

(WHG/2AC4.)

Belgium

240  (7)

7

Analytical TAC

Article 3 of Regulation (EC) No 847/96 does not apply.

Article 4 of Regulation (EC) No 847/96 does not apply.

Denmark

1 036  (7)

7

Germany

270  (7)

7

France

1 557  (7)

7

the Netherlands

599  (7)

7

Sweden

2  (7)

7

United Kingdom

7 490  (7)

7

EU

11 194  (8)

8

Norway

640  (9)

9

TAC

12 897

Special condition:

Special condition:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone:

| | Norwegian waters of IV
  (WHG/*04N-) |
| --- | --- |
| EU | 8 203 ’ |

Norwegian waters of IV

(WHG/*04N-)

EU

8 203 ’

| (b) | the entry for plaice in zone IV; EU water of IIa, that part of IIIa not covered by the Skagerrak and the Kattegat is replaced by the following:













  ‘Species | : | Plaice

  Pleuronectes platessa |
| --- | --- | --- | --- |

(b)

the entry for plaice in zone IV; EU water of IIa, that part of IIIa not covered by the Skagerrak and the Kattegat is replaced by the following:

‘Species

:

Plaice

Pleuronectes platessa

Pleuronectes platessa

| Zone | : | IV; EU waters of IIa; that part of IIIa not covered by the Skagerrak and the Kattegat
  (PLE/2A3AX4) |
| --- | --- | --- |

Zone

:

IV; EU waters of IIa; that part of IIIa not covered by the Skagerrak and the Kattegat

(PLE/2A3AX4)

Belgium

3 671

Analytical TAC

Article 3 of Regulation (EC) No 847/96 does not apply.

Article 4 of Regulation (EC) No 847/96 does not apply.

Denmark

11 931

Germany

3 442

France

688

the Netherlands

22 946

United Kingdom

16 979

EU

59 657

Norway

4 168

TAC

63 825

Special condition:

Special condition:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zone:

| | Norwegian waters of IV
  (PLE/*04N-) |
| --- | --- |
| EU | 24 439 ’ |

Norwegian waters of IV

(PLE/*04N-)

EU

24 439 ’

| (c) | the entry for mackerel in zone IIIa and IV; EU waters of IIa, IIIb, IIIc and IIId is replaced by the following:

















  ‘Species | : | Mackerel

  Scomber scombrus |
| --- | --- | --- | --- |

(c)

the entry for mackerel in zone IIIa and IV; EU waters of IIa, IIIb, IIIc and IIId is replaced by the following:

‘Species

:

Mackerel

Scomber scombrus

Scomber scombrus

| Zone | : | IIIa and IV; EU waters of IIa, IIIb, IIIc and IIId
  (MAC/2A34.) |
| --- | --- | --- |

Zone

:

IIIa and IV; EU waters of IIa, IIIb, IIIc and IIId

(MAC/2A34.)

Belgium

475

Analytical TAC

Article 3 of Regulation (EC) No 847/96 does not apply.

Article 4 of Regulation (EC) No 847/96 does not apply.

Denmark

12 529  (10)

10

Germany

495

France

1 496

the Netherlands

1 507

Sweden

4 485  (11)
   (12)

11

12

United Kingdom

1 395

EU

22 382  (11)
   (13)

11

13

Norway

103 374  (14)

14

TAC

Not relevant

Special condition:

Special condition:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the following zones:

| | IIIa
  (MAC/*03A.) | IIIa and IVbc
  (MAC/*3A4BC) | IVb
  (MAC/*04B.) | IVc
  (MAC/*04C.) | VI; international waters of IIa from 1 January to 31 March 2010 and in December 2010
  (MAC/*2A6.) |
| --- | --- | --- | --- | --- | --- |
| Denmark | | 4 130 | | | 5 360 |
| France | | 490 | | | |
| the Netherlands | | 490 | | | |
| Sweden | | | 390 | 10 | 1 697 |
| United Kingdom | | 490 | | | |
| Norway | 3 000 ’ | | | | |

IIIa

(MAC/*03A.)

IIIa and IVbc

(MAC/*3A4BC)

IVb

(MAC/*04B.)

IVc

(MAC/*04C.)

VI; international waters of IIa from 1 January to 31 March 2010 and in December 2010

(MAC/*2A6.)

Denmark

4 130

5 360

France

490

the Netherlands

490

Sweden

390

10

1 697

United Kingdom

490

Norway

3 000 ’

| 3. | Annex IB is amended as follows:






  (a) | the entry for cod in zone Greenland waters of NAFO 0 and 1; Greenland waters of V and XIV is replaced by the following:














  ‘Species | : | Cod

  Gadus morhua |
| --- | --- | --- | --- | --- |

3.

Annex IB is amended as follows:

(a)

the entry for cod in zone Greenland waters of NAFO 0 and 1; Greenland waters of V and XIV is replaced by the following:

‘Species

:

Cod

Gadus morhua

Gadus morhua

| Zone | : | Greenland waters of NAFO 0 and 1; Greenland waters of V and XIV
  (COD/N01514) |
| --- | --- | --- |

Zone

:

Greenland waters of NAFO 0 and 1; Greenland waters of V and XIV

(COD/N01514)

Germany

1 636  (15)
   (16)

15

16

Analytical TAC

Article 3 of Regulation (EC) No 847/96 does not apply.

Article 4 of Regulation (EC) No 847/96 does not apply.

United Kingdom

364  (15)
   (16)

15

16

EU

2 500  (15)
   (16)
   (17)

15

16

17

TAC

Not relevant

| (b) | the entry for cod in zone Norwegian waters of I and II is replaced by the following:














  ‘Species | : | Cod

  Gadus morhua |
| --- | --- | --- | --- |

(b)

the entry for cod in zone Norwegian waters of I and II is replaced by the following:

‘Species

:

Cod

Gadus morhua

Gadus morhua

| Zone | : | Norwegian waters of I and II
  (COD/1N2AB.) |
| --- | --- | --- |

Zone

:

Norwegian waters of I and II

(COD/1N2AB.)

Germany

2 486

Analytical TAC

Article 3 of Regulation (EU) No 847/96 does not apply.

Article 4 of Regulation (EU) No 847/96 does not apply.

Greece

308

Spain

2 773

Ireland

308

France

2 281

Portugal

2 773

United Kingdom

9 642

EU

20 571

TAC

Not relevant’

| 4. | Annex IC is amended as follows:






  (a) | the entry for cod in zone NAFO 3M is replaced by the following:














  ‘Species | : | Cod

  Gadus morhua |
| --- | --- | --- | --- | --- |

4.

Annex IC is amended as follows:

(a)

the entry for cod in zone NAFO 3M is replaced by the following:

‘Species

:

Cod

Gadus morhua

Gadus morhua

| Zone | : | NAFO 3M
  (COD/N3M.) |
| --- | --- | --- |

Zone

:

NAFO 3M

(COD/N3M.)

Estonia

61  (18)
   (19)

18

19

Germany

247  (18)

18

Latvia

61  (18)
   (19)

18

19

Lithuania

61  (18)
   (19)

18

19

Poland

209  (18)
   (19)

18

19

Spain

796  (18)

18

France

110  (18)

18

Portugal

1 070  (18)

18

United Kingdom

521  (18)

18

EU

3 136  (18)
   (19)

18

19

TAC

5 500  (18)
   (19)

18

19

| (b) | the entry for redfish in zone NAFO 3LN is replaced by the following:














  ‘Species | : | Redfish

  Sebastes spp. |
| --- | --- | --- | --- |

(b)

the entry for redfish in zone NAFO 3LN is replaced by the following:

‘Species

:

Redfish

Sebastes spp.

Sebastes spp.

| Zone | : | NAFO 3LN
  (RED/N3LN.) |
| --- | --- | --- |

Zone

:

NAFO 3LN

(RED/N3LN.)

Estonia

173  (20)
   (21)

20

21

Germany

119  (20)

20

Latvia

173  (20)
   (21)

20

21

Lithuania

173  (20)
   (21)

20

21

EU

638  (20)
   (21)

20

21

TAC

3 500  (20)
   (21)

20

21

| 5. | In Annex ID, the entry for bluefin tuna in zone Atlantic Ocean, east of 45° W, and Mediterranean is replaced by the following:














  ‘Species | : | Bluefin tuna

  Thunnus thynnus |
| --- | --- | --- | --- |

5.

In Annex ID, the entry for bluefin tuna in zone Atlantic Ocean, east of 45° W, and Mediterranean is replaced by the following:

‘Species

:

Bluefin tuna

Thunnus thynnus

Thunnus thynnus

| Zone | : | Atlantic Ocean, east of 45° W, and Mediterranean
  (BFT/AE045W) |
| --- | --- | --- |

Zone

:

Atlantic Ocean, east of 45° W, and Mediterranean

(BFT/AE045W)

Cyprus

70,18  (25)

25

Greece

130,30

Spain

2 526,06  (23)
   (25)

23

25

France

2 021,93  (23)
   (24)
   (25)

23

24

25

Italy

1 937,50  (25)
   (26)

25

26

Malta

161,34  (25)

25

Portugal

237,66

All Member States

2,41  (22)

22

EU

7 087,38  (23)
   (24)
   (25)
   (26)

23

24

25

26

TAC

13 500

| 6. | Appendix 1 to Annex IIA is amended as follows:






  (a) | in table (b), the columns concerning Germany (DE) and the Netherlands (NL) are replaced by the following:









  ‘Regulated gear | | DE | | NL |
| --- | --- | --- | --- | --- | --- | --- |
| TR 1 | | 1 269 111 | | 371 757 |
| TR 2 | 516 154 | 1 080 920 |
| TR 3 | 3 501 | 48 508 |
| BT 1 | 29 271 | 999 808 |
| BT 2 | 1 691 253 | 34 743 212 |
| GN | 224 484 | 438 664 |
| GT | 467 | 0 |
| LL | 0 | 0’ |

6.

Appendix 1 to Annex IIA is amended as follows:

(a)

in table (b), the columns concerning Germany (DE) and the Netherlands (NL) are replaced by the following:

‘Regulated gear

DE

NL

TR 1

1 269 111

371 757

TR 2

516 154

1 080 920

TR 3

3 501

48 508

BT 1

29 271

999 808

BT 2

1 691 253

34 743 212

GN

224 484

438 664

GT

467

0

LL

0

0’

| (b) | in table (c), the column concerning Ireland (IE) is replaced by the following and the following column for the Netherlands (NL) is added:









  ‘Regulated gear | | IE | | NL |
| --- | --- | --- | --- | --- | --- |
| TR 1 | | 59 625 | | 0 |
| TR 2 | 778 729 | 0 |
| TR 3 | 8 433 | 0 |
| BT 1 | 0 | 0 |
| BT 2 | 514 584 | 200 000 |
| GN | 18 255 | 0 |
| GT | 0 | 0 |
| LL | 0 | 0 ’ |

(b)

in table (c), the column concerning Ireland (IE) is replaced by the following and the following column for the Netherlands (NL) is added:

‘Regulated gear

IE

NL

TR 1

59 625

0

TR 2

778 729

0

TR 3

8 433

0

BT 1

0

0

BT 2

514 584

200 000

GN

18 255

0

GT

0

0

LL

0

0 ’

| (c) | in table (d), the columns concerning Germany (DE) and France (FR) are replaced by the following:









  ‘Regulated gear | | DE | | FR |
| --- | --- | --- | --- | --- | --- |
| TR 1 | | 11 151 | | 2 685 733 |
| TR 2 | 0 | 7 415 |
| TR 3 | 0 | 0 |
| BT 1 | 0 | 7 161 |
| BT 2 | 0 | 13 211 |
| GN | 35 442 | 400 503 |
| GT | 0 | 0 |
| LL | 0 | 54 917 ’ |

(c)

in table (d), the columns concerning Germany (DE) and France (FR) are replaced by the following:

‘Regulated gear

DE

FR

TR 1

11 151

2 685 733

TR 2

0

7 415

TR 3

0

0

BT 1

0

7 161

BT 2

0

13 211

GN

35 442

400 503

GT

0

0

LL

0

54 917 ’

| 7. | Annex III is replaced by the following:



  ‘ANNEX III

  Quantitative limitations of fishing authorisations for EU vessels fishing in third-country waters










  Area of fishing | Fishery | Number of fishing authori-sations | Allocation of fishing authorisations amongst Member States | Maximum number of vessels present at any time |
| --- | --- | --- | --- | --- | --- |
| Norwegian waters and fishery zone around Jan Mayen | Herring, north of 62°00′ N | 93  (27) | DK: 32, DE: 6, FR: 1, IE: 9, NL: 11, PL: 1, SV: 12, UK: 21 | 69 |
| Demersal species, north of 62°00′ N | 80  (27) | DE: 16, IE: 1, ES: 20, FR: 18, PT: 9, UK: 14 | 50 |
| Mackerel | 97  (28) | DK: 15, DE: 4, FR: 2, IE: 23, NL: 11, SE: 6, UK: 36 | 70 |
| Industrial species, south of 62°00′ N | 480  (27) | DK: 450, UK: 30 | 150 |
| Faroese waters | All trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines | 26 | BE: 0, DE: 4, FR: 4, UK: 18 | 13 |
| Directed fisheries for cod and haddock with a minimum mesh of 135 mm, restricted to the area south of 62°28′ N and east of 6°30′ W | 8  (29) | | 4 |
| | Trawl fisheries outside 21 miles from the Faroese baseline. In the periods from 1 March to 31 May and from 1 October to 31 December, these vessels may operate in the area between 61°20′ N and 62°00′ N and between 12 and 21 miles from the baselines. | 70 | BE: 0, DE: 10, FR: 40, UK: 20 | 26 |
| Trawl fisheries for blue ling with a minimum mesh of 100 mm in the area south of 61°30′ N and west of 9°00′ W and in the area between 7°00′ W and 9°00′ W south of 60°30′ N and in the area south-west of a line between 60°30′ N, 7°00′ W and 60°00′ N, 6°00′ W | 70 | DE: 8 (30), FR: 12 (30), UK: 0 (30) | 20  (31) |
| Directed trawl fisheries for saithe with a minimum mesh size of 120 mm and with the possibility to use round-straps around the codend | 70 | | 22  (31) |
| | Fisheries for blue whiting. The total number of fishing authorisations may be increased by four vessels to form pairs, should the Faroese authorities introduce special rules of access to an area called “main fishing area of blue whiting”. | 36 | DE: 3, DK: 19, FR: 2, NL: 5, UK: 5 | 20 |
| Line fisheries | 10 | UK: 10 | 36 |
| Mackerel | 12 | DK: 12 | 12 |
| Herring, north of 61° N | 21 | DK: 7, DE: 1, IE: 2, FR: 0, NL: 3, SV: 3, UK: 5 | 21 |

7.

Annex III is replaced by the following:

‘ANNEX III

Quantitative limitations of fishing authorisations for EU vessels fishing in third-country waters

Area of fishing

Fishery

Number of fishing authori-sations

Allocation of fishing authorisations amongst Member States

Maximum number of vessels present at any time

Norwegian waters and fishery zone around Jan Mayen

Herring, north of 62°00′ N

93  (27)

DK: 32, DE: 6, FR: 1, IE: 9, NL: 11, PL: 1, SV: 12, UK: 21

69

Demersal species, north of 62°00′ N

80  (27)

DE: 16, IE: 1, ES: 20, FR: 18, PT: 9, UK: 14

50

Mackerel

97  (28)

DK: 15, DE: 4, FR: 2, IE: 23, NL: 11, SE: 6, UK: 36

70

Industrial species, south of 62°00′ N

480  (27)

DK: 450, UK: 30

150

Faroese waters

All trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines

26

BE: 0, DE: 4, FR: 4, UK: 18

13

Directed fisheries for cod and haddock with a minimum mesh of 135 mm, restricted to the area south of 62°28′ N and east of 6°30′ W

8  (29)

4

Trawl fisheries outside 21 miles from the Faroese baseline. In the periods from 1 March to 31 May and from 1 October to 31 December, these vessels may operate in the area between 61°20′ N and 62°00′ N and between 12 and 21 miles from the baselines.

70

BE: 0, DE: 10, FR: 40, UK: 20

26

Trawl fisheries for blue ling with a minimum mesh of 100 mm in the area south of 61°30′ N and west of 9°00′ W and in the area between 7°00′ W and 9°00′ W south of 60°30′ N and in the area south-west of a line between 60°30′ N, 7°00′ W and 60°00′ N, 6°00′ W

70

DE: 8 (30), FR: 12 (30), UK: 0 (30)

20  (31)

Directed trawl fisheries for saithe with a minimum mesh size of 120 mm and with the possibility to use round-straps around the codend

70

22  (31)

Fisheries for blue whiting. The total number of fishing authorisations may be increased by four vessels to form pairs, should the Faroese authorities introduce special rules of access to an area called “main fishing area of blue whiting”.

36

DE: 3, DK: 19, FR: 2, NL: 5, UK: 5

20

Line fisheries

10

UK: 10

36

Mackerel

12

DK: 12

12

Herring, north of 61° N

21

DK: 7, DE: 1, IE: 2, FR: 0, NL: 3, SV: 3, UK: 5

21

| 8. | Annex IV is amended as follows:






  (a) | the table in point 2 is replaced by the following:






  ‘Spain | 139 |
| --- | --- | --- | --- |
| France | 86 |
| Italy | 35 |
| Cyprus | 25 |
| Malta | 83 |
| EU | 368 ’ |

8.

Annex IV is amended as follows:

(a)

the table in point 2 is replaced by the following:

‘Spain

139

France

86

Italy

35

Cyprus

25

Malta

83

EU

368 ’

| (b) | the following points are added:






  ‘4. | Maximum number and total capacity in gross tonnage of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean

  Table A












  Number of fishing vessels |
| --- | --- | --- |
| | Cyprus | Greece | Italy | France | Spain | Malta |
| Purse Seiners | 1 | 1 | 24 | 19 | 6 | 0 |
| Longliners | 12 | 0 | 30 | 0 | 81 | 83 |
| Bait boat | 0 | 0 | 0 | 8 | 61 | 0 |
| Handline | 0 | 0 | 0 | 29 | 2 | 0 |
| Trawler | 0 | 0 | 0 | 78  (*3) | 0 | 0 |
| Other artisanal | 0 | 256  (*2) | 0 | 87 | 33 | 0 |

(b)

the following points are added:

‘4.

Maximum number and total capacity in gross tonnage of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean

Table A

Table A

Number of fishing vessels

Cyprus

Greece

Italy

France

Spain

Malta

Purse Seiners

1

1

24

19

6

0

Longliners

12

0

30

0

81

83

Bait boat

0

0

0

8

61

0

Handline

0

0

0

29

2

0

Trawler

0

0

0

78  (*3)

*3

0

0

Other artisanal

0

256  (*2)

*2

0

87

33

0

Table B

Table B

| Total capacity in gross tonnage |
| --- |
| | Cyprus | Greece | Italy | France | Spain | Malta |
| Purse Seiners | 51 | 260 | (*4) | 4 826 | 1 608 | 0 |
| Longliners | 409 | — | 1 196 | 0 | 4 416,73 | 1 365,64 |
| Bait boat | — | — | — | 243 | 10 335,58 | 0 |
| Handline | — | — | — | 1 436 | 20,96 | 0 |
| Trawler | — | — | — | 9 212 | 0 | 0 |
| Other artisanal | — | 3 343,21  (*5) | — | 943 | 489,83 | 0 |

Total capacity in gross tonnage

Cyprus

Greece

Italy

France

Spain

Malta

Purse Seiners

51

260

(*4)

*4

4 826

1 608

0

Longliners

409

—

1 196

0

4 416,73

1 365,64

Bait boat

—

—

—

243

10 335,58

0

Handline

—

—

—

1 436

20,96

0

Trawler

—

—

—

9 212

0

0

Other artisanal

—

3 343,21  (*5)

*5

—

943

489,83

0

| 5. | Maximum number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery authorised by each Member State | Number of traps |
| --- | --- | --- |
| Spain | 6 |
| Italy | 6 |
| Portugal | 1 |

5.

Maximum number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery authorised by each Member State

Number of traps

Spain

6

Italy

6

Portugal

1

| 6. | Maximum bluefin tuna farming capacity and fattening capacity for each Member State and maximum input of wild caught bluefin tuna that each Member State may allocate to its farms in the eastern Atlantic and Mediterranean

  Table A | Maximum tuna farming capacity and fattening capacity |
| --- | --- | --- |
| | Number of farms | Capacity (in tonnes) |
| Spain | 14 | 11 852 |
| Italy | 15 | 13 000 |
| Greece | 2 | 2 100 |
| Cyprus | 3 | 3 000 |
| Malta | 8 | 12 300 |

6.

Maximum bluefin tuna farming capacity and fattening capacity for each Member State and maximum input of wild caught bluefin tuna that each Member State may allocate to its farms in the eastern Atlantic and Mediterranean

Table A

Table A

Maximum tuna farming capacity and fattening capacity

Number of farms

Capacity (in tonnes)

Spain

14

11 852

Italy

15

13 000

Greece

2

2 100

Cyprus

3

3 000

Malta

8

12 300

Table B

Table B

| | Maximum input of wild caught bluefin tuna (in tonnes) |
| --- | --- |
| Spain | 5 855 |
| Italy | 3 764 |
| Greece | 785 |
| Cyprus | 2 195 |
| Malta | 8 768 ’ |

Maximum input of wild caught bluefin tuna (in tonnes)

Spain

5 855

Italy

3 764

Greece

785

Cyprus

2 195

Malta

8 768 ’

Article 2

Amendment to Regulation (EC) No 754/2009

In Article 1 of Regulation (EC) No 754/2009, the following points are added:

| ‘(f) | the group of high sea vessels flying the flag of Germany, participating in the fishery indicated in the request from Germany dated 26 March 2010, as completed by correspondence dated 9 April and 20 May 2010, targeting saithe in the North Sea, the EU waters of ICES Zone IIa and in the area to the West of Scotland with bottom trawls of mesh size equal to or larger than 120 mm; |
| --- | --- |

‘(f)

the group of high sea vessels flying the flag of Germany, participating in the fishery indicated in the request from Germany dated 26 March 2010, as completed by correspondence dated 9 April and 20 May 2010, targeting saithe in the North Sea, the EU waters of ICES Zone IIa and in the area to the West of Scotland with bottom trawls of mesh size equal to or larger than 120 mm;

| (g) | the group of vessels flying the flag of Ireland, participating in the fishery indicated in the request from Ireland dated 26 March 2010, fishing in the Irish Sea during the period in which these vessels are fishing solely with a selective sorting grid similar to that defined in Appendix 2 to Annex III to Regulation (EC) No 43/2009 and targeting Norway lobster; |
| --- | --- |

(g)

the group of vessels flying the flag of Ireland, participating in the fishery indicated in the request from Ireland dated 26 March 2010, fishing in the Irish Sea during the period in which these vessels are fishing solely with a selective sorting grid similar to that defined in Appendix 2 to Annex III to Regulation (EC) No 43/2009 and targeting Norway lobster;

| (h) | the group of vessels flying the flag of France, participating in the fishery indicated in the request from France dated 24 March 2010, as completed by correspondence dated 25 March, 29 March, 8 April and 20 May 2010, targeting deep sea species in the area to the West of Scotland with bottom trawls of mesh size larger than 110 mm.’. |
| --- | --- |

(h)

the group of vessels flying the flag of France, participating in the fishery indicated in the request from France dated 24 March 2010, as completed by correspondence dated 25 March, 29 March, 8 April and 20 May 2010, targeting deep sea species in the area to the West of Scotland with bottom trawls of mesh size larger than 110 mm.’.

Article 3

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

Points 1 to 5 and 8 of Article 1 shall apply from 1 January 2010.

Article 1(6) and Article 2 shall apply from 1 February 2010.

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

Done at Brussels, 26 July 2010.

For the Council

The President

S. VANACKERE

---

(1)  
  OJ L 21, 26.1.2010, p. 1.

1

(2)  
  OJ L 318, 5.12.2007, p. 1.

2

(3)  
  OJ L 96, 15.4.2009, p. 1.

3

(4)  
  OJ L 348, 24.12.2008, p. 20.

4

(5)  
  OJ L 22, 26.1.2009, p. 1.

5

(6)  
  OJ L 214, 19.8.2009, p. 16.

6

(7)  The use of this quota is subject to the conditions set out in point 3 of the Appendix to this Annex.

7

(8)  Excluding an estimate of 1 063 tonnes of industrial by-catches.

8

(9)  May be taken in EU waters. Catches taken within this quota are to be deducted from Norway’s share of the TAC.

9

(10)  In accordance with the Council and Commission Statement made at the meeting of the Council of Fisheries Ministers on 14 and 15 December 2009 concerning the fisheries in Norwegian waters, an amount of 7 352 tonnes, corresponding to the unutilised quota for 2009 in Norwegian waters of IV for this species, may be fished in addition to this quota in the EU waters of this TAC area.

10

(11)  Including 242 tonnes to be taken in Norwegian waters south of 62°N(MAC/*04N-).

11

(12)  When fishing in Norwegian waters, by-catches of cod, haddock, Pollack and whiting and saithe shall be counted against the quotas for this species.

12

(13)  May also be taken in Norwegian waters of IVa.

13

(14)  To be deducted from Norway’s share of the TAC (access quota). This amount includes the Norwegian share in the North Sea TAC of the amount of 39 054 tonnes. This quota may be fished in IVa only, except for 3 000 tonnes that may be fished in IIIa.

14

(15)  To be fished south of 62°N in East Greenland.

15

(16)  Vessels shall have a scientific observer on board.

16

(17)  Of which 500 tonnes are allocated to Norway. May only be fished south of 62°N in XIV and Va and south of 61°N in NAFO 1.’

17

(18)  Directed fishery for cod in NAFO 3M shall be permitted until the moment when the estimated catches, including by-catches, to be taken in the remainder of the year equal 100 % of the allocated quota. After that date, only by-catches shall be permitted within a maximum of 1 250 kg or 5 %, which ever is greater, within the quota allocated to the Flag Member State.

18

(19)  Including the fishing entitlements of Estonia, Latvia and Lithuania of 61 tonnes respectively in accordance with sharing arrangements for the former USSR and the allocation for Poland of 209 tonnes, as adopted by the NAFO Fisheries Commission in 2003, following the accession of Estonia, Latvia, Lithuania and Poland to the European Union.’

19

(20)  Directed fishery for redfish in NAFO 3LN shall be permitted until the moment when the estimated catches, including by-catches, to be taken in the remainder of the year equal 100 % of the allocated quota. After that date, only by-catches shall be permitted within a maximum of 1 250 kg or 5 %, which ever is greater, within the quota allocated to the Flag Member State.

20

(21)  Including the fishing entitlements of Estonia, Latvia and Lithuania of 173 tonnes respectively in accordance with sharing arrangements for the former USSR adopted by the NAFO Fisheries Commission in 2003, following the accession of Estonia, Latvia, Lithuania and Poland to the European Union.’

21

(22)  Except Cyprus, Greece, Spain, France, Italy, Malta and Portugal, and only as by-catch.

22

(23)  Within this TAC, the following catch limits and allocation between Member States shall apply to catches of bluefin tuna between 8 kg/75 cm and 30 kg/115 cm by the vessels referred to in point 1 of Annex IV (BFT/*8301):

23

| Spain | 367,23 |
| --- | --- |
| France | 165,69 |
| EU | 532,92 |

Spain

367,23

France

165,69

EU

532,92

(24)  Within this TAC, the following catch limits and allocation between Member States shall apply to catches of bluefin tuna weighing no less than 6,4 kg or measuring no less than 70 cm by the vessels referred to in point 1 of Annex IV (BFT/*641):

24

| France | 45  (*1) |
| --- | --- |
| EU | 45 |

France

45  (*1)

*1

EU

45

(*1)  This quantity may be revised by the Commission upon request of France, up to an amount of 100 tonnes as indicated by ICCAT Recommendation 08-05.

*1

(25)  Within this TAC, the following catch limit and allocation between Member States shall apply to catches of bluefin tuna between 8 kg and 30 kg by the vessels referred to in point 2 of Annex IV (BFT/*8302):

25

| Spain | 50,52 |
| --- | --- |
| France | 49,84 |
| Italy | 39,34 |
| Cyprus | 1,40 |
| Malta | 3,23 |
| EU | 144,34 |

Spain

50,52

France

49,84

Italy

39,34

Cyprus

1,40

Malta

3,23

EU

144,34

(26)  Within this TAC, the following catch limit and allocation between Member States shall apply to catches of bluefin tuna between 8 kg and 30 kg by the vessels referred to in point 3 of Annex IV (BFT/*643):

26

| Italy | 39,34 |
| --- | --- |
| EU | 39,34 ’ |

Italy

39,34

EU

39,34 ’

(27)  The fishing authorisations for fishing activities in these waters may only be granted as from 26 January 2010.

27

(28)  The fishing authorisations for fishing activities in these waters may only be granted as from 4 June 2010.

28

(29)  Following the Agreed Record of 1999, the figures for the directed fishing for cod and haddock are included in the figures for “All trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines”.

29

(30)  These figures refer to the maximum number of vessels present at any time.

30

(31)  These figures are included in the figures for “Trawl fisheries outside 21 miles from the Faroese baselines”.’

31

(*2)  Polyvalent vessels, using multi-gear equipment (longline, handline, trolling line)

*2

(*3)  
  From which 8 vessels used as longliners

*3

From which 8 vessels used as longliners

(*4)  Temporary cessation of activities in 2010

*4

(*5)  Polyvalent vessels, using multi-gear equipment (longline, handline, trolling line)

*5

---

| 10.8.2010 | EN | Official Journal of the European Union | L 209/14 |
| --- | --- | --- | --- |

10.8.2010

EN

Official Journal of the European Union

L 209/14

---

COMMISSION REGULATION (EU) No 713/2010

of 9 August 2010

amending for the 133rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan, (1) and in particular Articles 7(1)(a) and 7a(5) (2) thereof,

Whereas:

| (1) | Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation. |
| --- | --- |

(1)

Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

| (2) | On 27 and 29 July 2010 the Sanctions Committee of the United Nations Security Council decided to remove five persons and eight entities from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply. |
| --- | --- |

(2)

On 27 and 29 July 2010 the Sanctions Committee of the United Nations Security Council decided to remove five persons and eight entities from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply.

| (3) | Annex I should therefore be amended accordingly, |
| --- | --- |

(3)

Annex I should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 881/2002 is hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 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, 9 August 2010.

For the Commission, On behalf of the President,

Karel KOVANDA

Acting Director-General for External Relations

---

(1)  
  OJ L 139, 29.5.2002, p. 9.

1

(2)  Article 7a was inserted by Regulation (EU) No 1286/2009 (OJ L 346, 23.12.2009, p. 42).

2

---

ANNEX

Annex I to Regulation (EC) No 881/2002 is amended as follows:

| (1) | The following entries under the heading ‘Legal persons, groups and entities’ are deleted:






  (a) | Al-Barakaat Wiring Service, 2940, Pillsbury Avenue, Suite 4, Minneapolis, Minnesota 55408, USA; |
| --- | --- | --- |

(1)

The following entries under the heading ‘Legal persons, groups and entities’ are deleted:

(a)

Al-Barakaat Wiring Service, 2940, Pillsbury Avenue, Suite 4, Minneapolis, Minnesota 55408, USA;

| (b) | Barakaat Boston, 266, Neponset Avenue, Apt. 43, Dorchester, Massachussets 02122-3224, USA; |
| --- | --- |

(b)

Barakaat Boston, 266, Neponset Avenue, Apt. 43, Dorchester, Massachussets 02122-3224, USA;

| (c) | Barakaat Construction Company, PO Box 3313, Dubai, UAE; |
| --- | --- |

(c)

Barakaat Construction Company, PO Box 3313, Dubai, UAE;

| (d) | Barakaat International, Inc., 1929, South 5th Street, Suite 205, Minneapolis, Minnesota, USA; |
| --- | --- |

(d)

Barakaat International, Inc., 1929, South 5th Street, Suite 205, Minneapolis, Minnesota, USA;

| (e) | Barakaat Wire Transfer Company, 4419, South Brandon Street, Seattle, Washington, USA; |
| --- | --- |

(e)

Barakaat Wire Transfer Company, 4419, South Brandon Street, Seattle, Washington, USA;

| (f) | Parka Trading Company, PO Box 3313, Deira, Dubai, UAE; |
| --- | --- |

(f)

Parka Trading Company, PO Box 3313, Deira, Dubai, UAE;

| (g) | Somali International Relief Organization, 1806, Riverside Avenue, 2nd Floor, Minneapolis, Minnesota, USA; |
| --- | --- |

(g)

Somali International Relief Organization, 1806, Riverside Avenue, 2nd Floor, Minneapolis, Minnesota, USA;

| (h) | Somali Network AB, Hallybybacken 15, 70 Spanga, Sweden. |
| --- | --- |

(h)

Somali Network AB, Hallybybacken 15, 70 Spanga, Sweden.

| (2) | The following entries under the heading ‘Natural persons’ are deleted:






  (a) | Abdul Hakim Mujahid Muhammad Awrang (alias (a) Abdul Hakim Mojahed, (b) Abdul Hakim Mujahid Moh Aurang). Title: Maulavi. Function: Taliban ‘envoy’ to the United Nations during the Taliban regime. Address: Dehbori district Ward, Kabul, Afghanistan. Date of birth: 1956. Place of birth: Khajakhel village, Sharan district, Paktika province, Afghanistan. Nationality: Afghan. National identification No: 106266. Date of designation referred to in Article 2a (4) (b): 25.1.2001. |
| --- | --- | --- |

(2)

The following entries under the heading ‘Natural persons’ are deleted:

(a)

Abdul Hakim Mujahid Muhammad Awrang (alias (a) Abdul Hakim Mojahed, (b) Abdul Hakim Mujahid Moh Aurang). Title: Maulavi. Function: Taliban ‘envoy’ to the United Nations during the Taliban regime. Address: Dehbori district Ward, Kabul, Afghanistan. Date of birth: 1956. Place of birth: Khajakhel village, Sharan district, Paktika province, Afghanistan. Nationality: Afghan. National identification No: 106266. Date of designation referred to in Article 2a (4) (b): 25.1.2001.

| (b) | Abdul Samad Khaksar. Title: (a) Mullah, (b) Maulavi. Function: Deputy (Security) Minister of Interior Affairs of the Taliban regime. Address: Kandahar province, Afghanistan. Date of birth: between 1958 and 1963. Place of birth: Kandahar, Afghanistan. Nationality: Afghan. Other information: reportedly deceased in January 2006; |
| --- | --- |

(b)

Abdul Samad Khaksar. Title: (a) Mullah, (b) Maulavi. Function: Deputy (Security) Minister of Interior Affairs of the Taliban regime. Address: Kandahar province, Afghanistan. Date of birth: between 1958 and 1963. Place of birth: Kandahar, Afghanistan. Nationality: Afghan. Other information: reportedly deceased in January 2006;

| (c) | Muhammad Islam Mohammadi. Function: Governor of Bamiyan Province (Afghanistan) under the Taliban regime. Date of birth: between 1953 and 1958. Place of birth: Rori-Du-Aab district, Samangan province, Afghanistan. Nationality: Afghan. Other information: reportedly deceased in 2007; |
| --- | --- |

(c)

Muhammad Islam Mohammadi. Function: Governor of Bamiyan Province (Afghanistan) under the Taliban regime. Date of birth: between 1953 and 1958. Place of birth: Rori-Du-Aab district, Samangan province, Afghanistan. Nationality: Afghan. Other information: reportedly deceased in 2007;

| (d) | Abdul Satar Paktin (alias (a) Abdul Sattar Paktis). Title: Doctor. Function: (a) Protocol Dept., Ministry of Foreign Affairs of the Taliban regime, (b) Deputy Minister of Public Health of the Taliban regime. Address: Charkh District, Logar Province, Afghanistan. Place of birth: Paktia, Afghanistan. Nationality: Afghan. Other information: apprehended in 2005 and repatriated to Afghanistan; |
| --- | --- |

(d)

Abdul Satar Paktin (alias (a) Abdul Sattar Paktis). Title: Doctor. Function: (a) Protocol Dept., Ministry of Foreign Affairs of the Taliban regime, (b) Deputy Minister of Public Health of the Taliban regime. Address: Charkh District, Logar Province, Afghanistan. Place of birth: Paktia, Afghanistan. Nationality: Afghan. Other information: apprehended in 2005 and repatriated to Afghanistan;

| (e) | Abdul Salam Zaeef (alias Abdussalam Zaeef). Title: Mullah. Function: (a) Deputy Minister of Mines and Industries of the Taliban regime, (b) Ambassador Extraordinary and Plenipotentiary, Taliban ‘Embassy’, Islamabad, Pakistan. Date of birth: 1968. Place of birth: Kandahar, Afghanistan. Nationality: Afghan. Passport No: D 001215 (Afghan passport issued on 29.8.2000). Other information: apprehended and repatriated to Afghanistan. Released from prison. Living in Kabul as of May 2007. |
| --- | --- |

(e)

Abdul Salam Zaeef (alias Abdussalam Zaeef). Title: Mullah. Function: (a) Deputy Minister of Mines and Industries of the Taliban regime, (b) Ambassador Extraordinary and Plenipotentiary, Taliban ‘Embassy’, Islamabad, Pakistan. Date of birth: 1968. Place of birth: Kandahar, Afghanistan. Nationality: Afghan. Passport No: D 001215 (Afghan passport issued on 29.8.2000). Other information: apprehended and repatriated to Afghanistan. Released from prison. Living in Kabul as of May 2007.

---

| 10.8.2010 | EN | Official Journal of the European Union | L 209/16 |
| --- | --- | --- | --- |

10.8.2010

EN

Official Journal of the European Union

L 209/16

---

COMMISSION REGULATION (EU) No 714/2010

of 9 August 2010

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

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

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 Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 10 August 2010.

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

Done at Brussels, 9 August 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

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 | TR | 41,0 |
| ZZ | 41,0 |
| 0707 00 05 | TR | 105,8 |
| ZZ | 105,8 |
| 0709 90 70 | TR | 107,9 |
| ZZ | 107,9 |
| 0805 50 10 | AR | 128,1 |
| TR | 132,4 |
| UY | 127,6 |
| ZA | 116,9 |
| ZZ | 126,3 |
| 0806 10 10 | CL | 129,8 |
| EG | 156,3 |
| IL | 187,4 |
| MA | 129,1 |
| PE | 77,2 |
| TR | 138,0 |
| ZA | 88,7 |
| ZZ | 129,5 |
| 0808 10 80 | AR | 78,9 |
| BR | 68,4 |
| CL | 87,0 |
| CN | 63,9 |
| NZ | 110,9 |
| US | 114,4 |
| UY | 103,6 |
| ZA | 93,0 |
| ZZ | 90,0 |
| 0808 20 50 | AR | 84,4 |
| CL | 178,7 |
| CN | 88,5 |
| NZ | 140,9 |
| TR | 147,7 |
| ZA | 104,7 |
| ZZ | 124,2 |
| 0809 20 95 | CA | 888,7 |
| TR | 195,1 |
| US | 835,8 |
| ZZ | 639,9 |
| 0809 30 | TR | 156,7 |
| ZZ | 156,7 |
| 0809 40 05 | BA | 62,1 |
| IL | 169,2 |
| ZA | 90,0 |
| ZZ | 107,1 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

TR

41,0

ZZ

41,0

0707 00 05

TR

105,8

ZZ

105,8

0709 90 70

TR

107,9

ZZ

107,9

0805 50 10

AR

128,1

TR

132,4

UY

127,6

ZA

116,9

ZZ

126,3

0806 10 10

CL

129,8

EG

156,3

IL

187,4

MA

129,1

PE

77,2

TR

138,0

ZA

88,7

ZZ

129,5

0808 10 80

AR

78,9

BR

68,4

CL

87,0

CN

63,9

NZ

110,9

US

114,4

UY

103,6

ZA

93,0

ZZ

90,0

0808 20 50

AR

84,4

CL

178,7

CN

88,5

NZ

140,9

TR

147,7

ZA

104,7

ZZ

124,2

0809 20 95

CA

888,7

TR

195,1

US

835,8

ZZ

639,9

0809 30

TR

156,7

ZZ

156,7

0809 40 05

BA

62,1

IL

169,2

ZA

90,0

ZZ

107,1

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---

DECISIONS

| 10.8.2010 | EN | Official Journal of the European Union | L 209/18 |
| --- | --- | --- | --- |

10.8.2010

EN

Official Journal of the European Union

L 209/18

---

COMMISSION DECISION

of 9 August 2010

amending Annex XI to Council Directive 2003/85/EC as regards the list of laboratories authorised to handle live foot-and-mouth disease virus

(notified under document C(2010) 5420)

(Text with EEA relevance)

(2010/435/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC (1), and in particular Article 67 thereof,

Whereas:

| (1) | Directive 2003/85/EC sets out minimum control measures to be applied in the event of an outbreak of foot-and-mouth disease and certain preventive measures aimed at increasing the awareness and preparedness of the competent authorities and the farming community concerning that disease. |
| --- | --- |

(1)

Directive 2003/85/EC sets out minimum control measures to be applied in the event of an outbreak of foot-and-mouth disease and certain preventive measures aimed at increasing the awareness and preparedness of the competent authorities and the farming community concerning that disease.

| (2) | Those preventive measures include an obligation on Member States to ensure that the handling of live foot-and-mouth disease virus for research and diagnosis is carried out only in the approved laboratories listed in Part A and the manufacturing of either inactivated antigens for the production of vaccines or vaccines and related research is carried out only in the approved establishments and laboratories listed in Part B of Annex XI to Directive 2003/85/EC. |
| --- | --- |

(2)

Those preventive measures include an obligation on Member States to ensure that the handling of live foot-and-mouth disease virus for research and diagnosis is carried out only in the approved laboratories listed in Part A and the manufacturing of either inactivated antigens for the production of vaccines or vaccines and related research is carried out only in the approved establishments and laboratories listed in Part B of Annex XI to Directive 2003/85/EC.

| (3) | Bulgaria has officially informed the Commission that following the checks carried out in accordance with Article 66 of Directive 2003/85/EC, their national reference laboratory is no longer considered to meet the bio-security standards provided for in Article 65(d) of Directive 2003/85/EC. |
| --- | --- |

(3)

Bulgaria has officially informed the Commission that following the checks carried out in accordance with Article 66 of Directive 2003/85/EC, their national reference laboratory is no longer considered to meet the bio-security standards provided for in Article 65(d) of Directive 2003/85/EC.

| (4) | The Netherlands have officially informed the Commission of certain changes relating to the name of a laboratory listed in Part B of Annex XI to Directive 2003/85/EC situated in the Netherlands. |
| --- | --- |

(4)

The Netherlands have officially informed the Commission of certain changes relating to the name of a laboratory listed in Part B of Annex XI to Directive 2003/85/EC situated in the Netherlands.

| (5) | For security reasons, it is important to keep the list of laboratories set out in Annex XI to Directive 2003/85/EC updated. |
| --- | --- |

(5)

For security reasons, it is important to keep the list of laboratories set out in Annex XI to Directive 2003/85/EC updated.

| (6) | Accordingly, it is necessary to delete the entry for Bulgaria in the list of laboratories set out in Part A and to replace the entry for the Netherlands in the list of laboratories set out in Part B of Annex XI to Directive 2003/85/EC. Annex XI to Directive 2003/85/EC should therefore be amended accordingly. |
| --- | --- |

(6)

Accordingly, it is necessary to delete the entry for Bulgaria in the list of laboratories set out in Part A and to replace the entry for the Netherlands in the list of laboratories set out in Part B of Annex XI to Directive 2003/85/EC. Annex XI to Directive 2003/85/EC should therefore be amended accordingly.

| (7) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(7)

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

HAS ADOPTED THIS DECISION:

Article 1

Annex XI to Directive 2003/85/EC is amended as follows:

| 1. | in Part A, the entry for Bulgaria is deleted; |
| --- | --- |

1.

in Part A, the entry for Bulgaria is deleted;

| 2. | in Part B, the entry for the Netherlands is replaced by the following:







  ‘NL | Netherlands | Merial S.A.S., Lelystad Laboratory, Lelystad’ |
| --- | --- | --- | --- |

2.

in Part B, the entry for the Netherlands is replaced by the following:

‘NL

Netherlands

Merial S.A.S., Lelystad Laboratory, Lelystad’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 9 August 2010.

For the Commission

John DALLI

Member of the Commission

---

(1)  
  OJ L 306, 22.11.2003, p. 1.

1

---

| 10.8.2010 | EN | Official Journal of the European Union | L 209/19 |
| --- | --- | --- | --- |

10.8.2010

EN

Official Journal of the European Union

L 209/19

---

COMMISSION DECISION

of 9 August 2010

implementing Council Decision 2000/258/EC as regards proficiency tests for the purposes of maintaining authorisations of laboratories to carry out serological tests to monitor the effectiveness of rabies vaccines

(notified under document C(2010) 5421)

(Text with EEA relevance)

(2010/436/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Decision 2000/258/EC of 20 March 2000 designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines (1), and in particular Article 3(3) thereof,

Whereas:

| (1) | Decision 2000/258/EC designates the laboratory of the Agence française de sécurité sanitaire des aliments de Nancy (‘AFSSA, Nancy’), as the specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines. That Decision also lays down the duties of that laboratory. |
| --- | --- |

(1)

Decision 2000/258/EC designates the laboratory of the Agence française de sécurité sanitaire des aliments de Nancy (‘AFSSA, Nancy’), as the specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines. That Decision also lays down the duties of that laboratory.

| (2) | In particular, AFSSA, Nancy is to appraise the laboratories in Member States and third countries for the purposes of their authorisation to carry out serological tests to monitor the effectiveness of rabies vaccines. In addition, AFSSA, Nancy is to organise inter-laboratory aptitude tests (proficiency tests). |
| --- | --- |

(2)

In particular, AFSSA, Nancy is to appraise the laboratories in Member States and third countries for the purposes of their authorisation to carry out serological tests to monitor the effectiveness of rabies vaccines. In addition, AFSSA, Nancy is to organise inter-laboratory aptitude tests (proficiency tests).

| (3) | In view of maintaining the authorisation granted to such laboratories, AFSSA, Nancy has, since the year 2000, been organising proficiency tests at least once per year. |
| --- | --- |

(3)

In view of maintaining the authorisation granted to such laboratories, AFSSA, Nancy has, since the year 2000, been organising proficiency tests at least once per year.

| (4) | Experience has shown that those proficiency tests provide an effective system of monitoring the laboratories which carry out serological tests to monitor the effectiveness of rabies vaccines. |
| --- | --- |

(4)

Experience has shown that those proficiency tests provide an effective system of monitoring the laboratories which carry out serological tests to monitor the effectiveness of rabies vaccines.

| (5) | Article 3 of Decision 2000/258/EC does not include any provisions concerning the maintenance of authorisations already granted to laboratories in Member States or in third countries to carry out such serological tests. |
| --- | --- |

(5)

Article 3 of Decision 2000/258/EC does not include any provisions concerning the maintenance of authorisations already granted to laboratories in Member States or in third countries to carry out such serological tests.

| (6) | In order to ensure the uniform application of that Article, it is appropriate to make the maintenance of those authorisations dependant on appraisal reports established by AFSSA, Nancy following the proficiency tests of the laboratories concerned. |
| --- | --- |

(6)

In order to ensure the uniform application of that Article, it is appropriate to make the maintenance of those authorisations dependant on appraisal reports established by AFSSA, Nancy following the proficiency tests of the laboratories concerned.

| (7) | It is therefore appropriate to lay down rules for the regular carrying out of the proficiency tests by AFSSA, Nancy, as well as for the drawing up of the appraisal reports. |
| --- | --- |

(7)

It is therefore appropriate to lay down rules for the regular carrying out of the proficiency tests by AFSSA, Nancy, as well as for the drawing up of the appraisal reports.

| (8) | The carrying out of the proficiency tests by AFSSA, Nancy is currently included in the yearly approved work programme for that laboratory. That work programme benefits from financial aid from the Union, granted pursuant to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (2). |
| --- | --- |

(8)

The carrying out of the proficiency tests by AFSSA, Nancy is currently included in the yearly approved work programme for that laboratory. That work programme benefits from financial aid from the Union, granted pursuant to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (2).

| (9) | From 1 January 2011, the costs incurred by AFSSA, Nancy for carrying out proficiency tests should no longer be covered by such financial aid from the Union. However, in order to ensure that it has adequate resources to carry out proficiency tests, AFSSA, Nancy should charge certain fees to the laboratories which take part in those tests. |
| --- | --- |

(9)

From 1 January 2011, the costs incurred by AFSSA, Nancy for carrying out proficiency tests should no longer be covered by such financial aid from the Union. However, in order to ensure that it has adequate resources to carry out proficiency tests, AFSSA, Nancy should charge certain fees to the laboratories which take part in those tests.

| (10) | Those fees should be fixed by AFSSA, Nancy taking into account the criteria laid down in Annex VI to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (3). |
| --- | --- |

(10)

Those fees should be fixed by AFSSA, Nancy taking into account the criteria laid down in Annex VI to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (3).

| (11) | The laboratories in the Member States authorised to perform analysis to check the effectiveness of vaccination against rabies in certain domestic carnivores have been listed in Annex I to Commission Decision 2004/233/EC (4). |
| --- | --- |

(11)

The laboratories in the Member States authorised to perform analysis to check the effectiveness of vaccination against rabies in certain domestic carnivores have been listed in Annex I to Commission Decision 2004/233/EC (4).

| (12) | However, Decision 2000/258/EC, as amended by Council Directive 2008/73/EC (5), provides that the competent authorities of the Member States may, from 1 January 2010, authorise laboratories to carry out serological tests to monitor the effectiveness of rabies vaccines. That Decision also provides that Member States are to draw up and keep up to date a list of those laboratories that they have authorised and make it available to the other Member States and to the public. |
| --- | --- |

(12)

However, Decision 2000/258/EC, as amended by Council Directive 2008/73/EC (5), provides that the competent authorities of the Member States may, from 1 January 2010, authorise laboratories to carry out serological tests to monitor the effectiveness of rabies vaccines. That Decision also provides that Member States are to draw up and keep up to date a list of those laboratories that they have authorised and make it available to the other Member States and to the public.

| (13) | Decision 2004/233/EC has therefore become obsolete and should be repealed for the sake of clarity of Union legislation. |
| --- | --- |

(13)

Decision 2004/233/EC has therefore become obsolete and should be repealed for the sake of clarity of Union legislation.

| (14) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(14)

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

HAS ADOPTED THIS DECISION:

Article 1

Annual proficiency test

1.   Each laboratory in a Member State or a third country which is authorised for carrying out serological tests to monitor the effectiveness of rabies vaccines in accordance with Article 3(1) and (2) of Decision 2000/258/EC shall undergo a proficiency test each year.

2.   That proficiency test shall be carried out by the laboratory of the Agence française de sécurité sanitaire des aliments de Nancy (‘AFSSA, Nancy’).

3.   Following each proficiency test as referred to in paragraph 1, AFSSA, Nancy shall submit, at the latest by 31 October of the same year, the respective appraisal report to:

| (a) | the corresponding laboratory which underwent the proficiency test; |
| --- | --- |

(a)

the corresponding laboratory which underwent the proficiency test;

| (b) | the competent authority of the Member State; where the laboratory referred to in point (a) is located, in the case of a laboratory authorised in accordance with Article 3(1) of Decision 2000/258/EC; |
| --- | --- |

(b)

the competent authority of the Member State; where the laboratory referred to in point (a) is located, in the case of a laboratory authorised in accordance with Article 3(1) of Decision 2000/258/EC;

| (c) | the Commission, in the case of a laboratory referred to in point (a) authorised in accordance with Article 3(2) of Decision 2000/258/EC. |
| --- | --- |

(c)

the Commission, in the case of a laboratory referred to in point (a) authorised in accordance with Article 3(2) of Decision 2000/258/EC.

4.   By way of derogation from the deadline referred to in paragraph 3, an unfavourable report shall be submitted within 30 days after the appraisal.

Article 2

Maintaining the authorisations granted to laboratories in the Member States

The authorisation granted to a laboratory in a Member State in accordance with Article 3(1) of Decision 2000/258/EC shall be maintained provided that the appraisal report established by AFSSA, Nancy following the proficiency test provided for in Article 1 is favourable.

Article 3

Maintaining the authorisations granted to laboratories in third countries

The authorisation granted to a laboratory in a third country in accordance with Article 3(2) of Decision 2000/258/EC shall be maintained provided that the appraisal report established by AFSSA, Nancy following the proficiency test provided for in Article 1 is favourable.

Article 4

Fees for the annual proficiency testing

1.   From 1 January 2011, AFSSA, Nancy shall charge each laboratory a fee for taking part in the proficiency tests provided for in Article 1.

2.   That fee shall be fixed by AFSSA, Nancy taking into account the criteria for the calculation of fees or charges set out in Annex VI to Regulation (EC) No 882/2004.

Article 5

Repeal

Decision 2004/233/EC is repealed.

Article 6

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 9 August 2010.

For the Commission

John DALLI

Member of the Commission

---

(1)  
  OJ L 79, 30.3.2000, p. 40.

1

(2)  
  OJ L 155, 18.6.2009, p. 30.

2

(3)  
  OJ L 165, 30.4.2004, p. 1.

3

(4)  
  OJ L 71, 10.3.2004, p. 30.

4

(5)  
  OJ L 219, 14.8.2008, p. 40.

5

---