# Official Journal L 81/2009

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 81 |
| | |
| English edition | Legislation | Volume 5227 March 2009 |

ISSN 1725-2555

Official Journal

of the European Union

L 81

English edition

Legislation

Volume 5227 March 2009

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 255/2009 of 26 March 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 256/2009 of 23 March 2009 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for azoxystrobin and fludioxonil in or on certain products (
  1
  ) | 3 |
| | * | Commission Regulation (EC) No 257/2009 of 24 March 2009 amending Regulation (EC) No 794/2004 as regards the supplementary information sheet for notification of aid to fisheries and aquaculture (
  1
  ) | 15 |
| | * | Commission Regulation (EC) No 258/2009 of 26 March 2009 amending Regulation (EC) No 595/2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector | 19 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 255/2009 of 26 March 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 256/2009 of 23 March 2009 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for azoxystrobin and fludioxonil in or on certain products (
  1
  )

1

3

*

Commission Regulation (EC) No 257/2009 of 24 March 2009 amending Regulation (EC) No 794/2004 as regards the supplementary information sheet for notification of aid to fisheries and aquaculture (
  1
  )

1

15

*

Commission Regulation (EC) No 258/2009 of 26 March 2009 amending Regulation (EC) No 595/2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector

19

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2009/297/EC |
| | * | Commission Decision of 26 March 2009 amending Decision 2008/866/EC as regards its period of application
  (notified under document number C(2009) 1876)

   (
  1
  ) | 22 |
| | | 2009/298/EC |
| | * | Commission Decision of 26 March 2009 prolonging the validity of Decision 2006/502/EC requiring Member States to take measures to ensure that only lighters which are child-resistant are placed on the market and to prohibit the placing on the market of novelty lighters
  (notified under document number C(2009) 2078)

   (
  1
  ) | 23 |

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

DECISIONS

Commission

2009/297/EC

*

Commission Decision of 26 March 2009 amending Decision 2008/866/EC as regards its period of application
  (notified under document number C(2009) 1876)

   (
  1
  )

(notified under document number C(2009) 1876)

1

22

2009/298/EC

*

Commission Decision of 26 March 2009 prolonging the validity of Decision 2006/502/EC requiring Member States to take measures to ensure that only lighters which are child-resistant are placed on the market and to prohibit the placing on the market of novelty lighters
  (notified under document number C(2009) 2078)

   (
  1
  )

(notified under document number C(2009) 2078)

1

23

| | | III   Acts adopted under the EU Treaty |
| --- | --- | --- |
| | | ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY |
| | * | Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial | 24 |

III   Acts adopted under the EU Treaty

ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY

*

Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial

24

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

---

(1)   Text with EEA relevance

1

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

EN

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

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

---

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

REGULATIONS

| 27.3.2009 | EN | Official Journal of the European Union | L 81/1 |
| --- | --- | --- | --- |

27.3.2009

EN

Official Journal of the European Union

L 81/1

---

COMMISSION REGULATION (EC) No 255/2009

of 26 March 2009

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 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 27 March 2009.

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

Done at Brussels, 26 March 2009.

For the Commission

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 | IL | 82,5 |
| JO | 68,6 |
| MA | 57,6 |
| TN | 134,4 |
| TR | 91,7 |
| ZZ | 87,0 |
| 0707 00 05 | JO | 167,2 |
| MA | 69,5 |
| TR | 151,3 |
| ZZ | 129,3 |
| 0709 90 70 | MA | 43,6 |
| TR | 84,4 |
| ZZ | 64,0 |
| 0709 90 80 | EG | 60,4 |
| ZZ | 60,4 |
| 0805 10 20 | EG | 41,2 |
| IL | 61,0 |
| MA | 42,8 |
| TN | 57,1 |
| TR | 76,0 |
| ZZ | 55,6 |
| 0805 50 10 | TR | 53,9 |
| ZZ | 53,9 |
| 0808 10 80 | AR | 75,7 |
| BR | 79,2 |
| CA | 78,6 |
| CL | 84,5 |
| CN | 70,5 |
| MK | 23,7 |
| US | 112,0 |
| UY | 57,1 |
| ZA | 83,6 |
| ZZ | 73,9 |
| 0808 20 50 | AR | 97,3 |
| CL | 136,2 |
| CN | 48,8 |
| US | 194,4 |
| ZA | 89,6 |
| ZZ | 113,3 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

82,5

JO

68,6

MA

57,6

TN

134,4

TR

91,7

ZZ

87,0

0707 00 05

JO

167,2

MA

69,5

TR

151,3

ZZ

129,3

0709 90 70

MA

43,6

TR

84,4

ZZ

64,0

0709 90 80

EG

60,4

ZZ

60,4

0805 10 20

EG

41,2

IL

61,0

MA

42,8

TN

57,1

TR

76,0

ZZ

55,6

0805 50 10

TR

53,9

ZZ

53,9

0808 10 80

AR

75,7

BR

79,2

CA

78,6

CL

84,5

CN

70,5

MK

23,7

US

112,0

UY

57,1

ZA

83,6

ZZ

73,9

0808 20 50

AR

97,3

CL

136,2

CN

48,8

US

194,4

ZA

89,6

ZZ

113,3

---

(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’.

---

| 27.3.2009 | EN | Official Journal of the European Union | L 81/3 |
| --- | --- | --- | --- |

27.3.2009

EN

Official Journal of the European Union

L 81/3

---

COMMISSION REGULATION (EC) No 256/2009

of 23 March 2009

amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for azoxystrobin and fludioxonil in or on certain products

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 14 (1) (a) thereof,

Whereas:

| (1) | For azoxystrobin and fludioxonil maximum residue levels (MRLs) were set in Annexes II and III to Regulation (EC) No 396/2005 respectively. As regards azoxystrobin, in the context of a new authorisation in accordance with Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (2) for use of that plant protection product on turnips, an application has been made for a modification of the existing MRL in accordance with Article 6(1) of that Regulation. As regards fludioxonil an application for an import tolerance MRL in accordance with Article 6(2) and (4) of Regulation (EC) No 396/2005 was made by an applicant in a third country (the United States) in which the authorised use of that plant protection product leads to residues exceeding the MRL for pomegranates, as set out in Annex III to that Regulation. |
| --- | --- |

(1)

For azoxystrobin and fludioxonil maximum residue levels (MRLs) were set in Annexes II and III to Regulation (EC) No 396/2005 respectively. As regards azoxystrobin, in the context of a new authorisation in accordance with Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (2) for use of that plant protection product on turnips, an application has been made for a modification of the existing MRL in accordance with Article 6(1) of that Regulation. As regards fludioxonil an application for an import tolerance MRL in accordance with Article 6(2) and (4) of Regulation (EC) No 396/2005 was made by an applicant in a third country (the United States) in which the authorised use of that plant protection product leads to residues exceeding the MRL for pomegranates, as set out in Annex III to that Regulation.

| (2) | Both applications were evaluated in accordance with Article 8 of that Regulation and Portugal and Denmark forwarded evaluation reports to the Commission. |
| --- | --- |

(2)

Both applications were evaluated in accordance with Article 8 of that Regulation and Portugal and Denmark forwarded evaluation reports to the Commission.

| (3) | The European Food Safety Authority, hereinafter ‘the Authority’, assessed the safety of the proposed MRLs taking into account the information in the applications and the evaluation reports and gave reasoned opinions. It forwarded these opinions [in accordance with Article 10 of the Regulation] to the Commission and the Member States and made them available to the public (3). |
| --- | --- |

(3)

The European Food Safety Authority, hereinafter ‘the Authority’, assessed the safety of the proposed MRLs taking into account the information in the applications and the evaluation reports and gave reasoned opinions. It forwarded these opinions [in accordance with Article 10 of the Regulation] to the Commission and the Member States and made them available to the public (3).

| (4) | The Authority concluded in its reasoned opinions that all requirements with respect to data were met and that the two modifications to the MRLs requested by the applicants were acceptable with regard to consumer safety on the basis of a consumer exposure assessment for 27 specific European consumer groups. It took into account the most recent information on the toxicological properties of the substances. Neither the lifetime exposure to both substances via consumption of all food products that may contain the two substances, nor the short-term exposure due to extreme consumption of turnips or pomegranates showed that there is a risk that the acceptable daily intake (ADI) or the acute reference dose (ARfD) is exceeded. |
| --- | --- |

(4)

The Authority concluded in its reasoned opinions that all requirements with respect to data were met and that the two modifications to the MRLs requested by the applicants were acceptable with regard to consumer safety on the basis of a consumer exposure assessment for 27 specific European consumer groups. It took into account the most recent information on the toxicological properties of the substances. Neither the lifetime exposure to both substances via consumption of all food products that may contain the two substances, nor the short-term exposure due to extreme consumption of turnips or pomegranates showed that there is a risk that the acceptable daily intake (ADI) or the acute reference dose (ARfD) is exceeded.

| (5) | Based on the reasoned opinion of the Authority and taking into account the factors relevant to the matter under consideration, the requested modifications to the MRLs fulfil the requirements of Article 14(2) of Regulation (EC) No 396/2005. |
| --- | --- |

(5)

Based on the reasoned opinion of the Authority and taking into account the factors relevant to the matter under consideration, the requested modifications to the MRLs fulfil the requirements of Article 14(2) of Regulation (EC) No 396/2005.

| (6) | Regulation (EC) No 396/2005 should therefore be amended accordingly. |
| --- | --- |

(6)

Regulation (EC) No 396/2005 should therefore be amended accordingly.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them, |
| --- | --- |

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes II and III to Regulation (EC) No 396/2005 are amended in accordance with 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, 23 March 2009.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 70, 16.3.2005, p. 1.

1

(2)  
  OJ L 230, 19.8.1991, p. 1.

2

(3)  EFSA scientific reports (2008) 199 and 200 on http://efsa.europa.eu

3

---

ANNEX

Annexes II and III to Regulation (EC) No 396/2005 are amended as follows:

| (1) | Annex II is amended as follows:
  The lines for azoxystrobin are replaced by the following:
  ‘Pesticide residues and maximum residue levels (mg/kg)







  Code number | Groups and examples of individual products to which the MRLs apply (1) | Azoxystrobin |
| --- | --- | --- | --- |
| 100000 | 1. | FRUIT FRESH OR FROZEN; NUTS |

(1)

Annex II is amended as follows:

The lines for azoxystrobin are replaced by the following:

‘Pesticide residues and maximum residue levels (mg/kg)

Code number

Groups and examples of individual products to which the MRLs apply (1)

Azoxystrobin

100000

1.

110000

| (i) | Citrus fruit |
| --- | --- |

(i)

1

110010

Grapefruit

110020

Oranges

110030

Lemons

110040

Limes

110050

Mandarins

110990

Others

120000

| (ii) | Tree nuts (shelled or unshelled) |
| --- | --- |

(ii)

0,1  (*1)

120010

Almonds

120020

Brazil nuts

120030

Cashew nuts

120040

Chestnuts

120050

Coconuts

120060

Hazelnuts

120070

Macadamia

120080

Pecans

120090

Pine nuts

120100

Pistachios

120110

Walnuts

120990

Others

130000

| (iii) | Pome fruit |
| --- | --- |

(iii)

0,05  (*1)

130010

Apples

130020

Pears

130030

Quinces

130040

Medlar

(*2)

130050

Loquat

(*2)

130990

Others

140000

| (iv) | Stone fruit |
| --- | --- |

(iv)

0,05  (*1)

140010

Apricots

140020

Cherries

140030

Peaches

140040

Plums

140990

Others

150000

| (v) | Berries & small fruit |
| --- | --- |

(v)

151000

| (a) | Table and wine grapes |
| --- | --- |

(a)

2

151010

Table grapes

151020

Wine grapes

152000

| (b) | Strawberries |
| --- | --- |

(b)

2

153000

| (c) | Cane fruit |
| --- | --- |

(c)

153010

Blackberries

3

153020

Dewberries

0,05  (*1)

153030

Raspberries

3

153990

Others

0,05  (*1)

154000

| (d) | Other small fruit & berries |
| --- | --- |

(d)

0,05  (*1)

154010

Blueberries

154020

Cranberries

154030

Currants

154040

Gooseberries

154050

Rose hips

(*2)

154060

Mulberries

(*2)

154070

Azarole

(*2)

154080

Elderberries

(*2)

154990

Others

160000

| (vi) | Miscellaneous fruit |
| --- | --- |

(vi)

161000

| (a) | Edible peel |
| --- | --- |

(a)

0,05  (*1)

161010

Dates

161020

Figs

161030

Table olives

161040

Kumquats

161050

Carambola

(*2)

161060

Persimmon

(*2)

161070

Jambolan

(*2)

161990

Others

162000

| (b) | Inedible peel, small |
| --- | --- |

(b)

0,05  (*1)

162010

Kiwi

162020

Lychee

162030

Passion fruit

162040

Prickly pear

(*2)

162050

Star apple

(*2)

162060

American persimmon

(*2)

162990

Others

163000

| (c) | Inedible peel, large |
| --- | --- |

(c)

163010

Avocados

0,05  (*1)

163020

Bananas

2

163030

Mangoes

0,2

163040

Papaya

0,2

163050

Pomegranate

0,05  (*1)

163060

Cherimoya

(*2)

163070

Guava

(*2)

163080

Pineapples

0,05  (*1)

163090

Breadfruit

(*2)

163100

Durian

(*2)

163110

Soursop

(*2)

163990

Others

0,05  (*1)

200000

| 2. | VEGETABLES FRESH OR FROZEN |
| --- | --- |

2.

210000

| (i) | Root and tuber vegetables |
| --- | --- |

(i)

211000

| (a) | Potatoes |
| --- | --- |

(a)

0,05  (*1)

212000

| (b) | Tropical root and tuber vegetables |
| --- | --- |

(b)

0,05  (*1)

212010

Cassava

212020

Sweet potatoes

212030

Yams

212040

Arrowroot

(*2)

212990

Others

213000

| (c) | Other root and tuber vegetables except sugar beet |
| --- | --- |

(c)

213010

Beetroot

0,05  (*1)

213020

Carrots

0,2

213030

Celeriac

0,3

213040

Horseradish

0,2

213050

Jerusalem artichokes

0,05  (*1)

213060

Parsnips

0,2

213070

Parsley root

0,2

213080

Radishes

0,2

213090

Salsify

0,2

213100

Swedes

0,05  (*1)

213110

Turnips

0,2

213990

Others

0,05  (*1)

220000

| (ii) | Bulb vegetables |
| --- | --- |

(ii)

220010

Garlic

0,05  (*1)

220020

Onions

0,05  (*1)

220030

Shallots

0,05  (*1)

220040

Spring onions

2

220990

Others

0,05  (*1)

230000

| (iii) | Fruiting vegetables |
| --- | --- |

(iii)

231000

| (a) | Solanacea |
| --- | --- |

(a)

2

231010

Tomatoes

231020

Peppers

231030

Aubergines

231040

Okra, lady's fingers

231990

Others

232000

| (b) | Cucurbits — edible peel |
| --- | --- |

(b)

1

232010

Cucumbers

232020

Gherkins

232030

Courgettes

232990

Others

233000

| (c) | Cucurbits — inedible peel |
| --- | --- |

(c)

0,5

233010

Melons

233020

Pumpkins

233030

Watermelons

233990

Others

234000

| (d) | Sweetcorn |
| --- | --- |

(d)

0,05  (*1)

239000

| (e) | Other fruiting vegetables |
| --- | --- |

(e)

0,05  (*1)

240000

| (iv) | Brassica vegetables |
| --- | --- |

(iv)

241000

| (a) | Flowering brassica |
| --- | --- |

(a)

0,5

241010

Broccoli

241020

Cauliflower

241990

Others

242000

| (b) | Head brassica |
| --- | --- |

(b)

0,3

242010

Brussels sprouts

242020

Head cabbage

242990

Others

243000

| (c) | Leafy brassica |
| --- | --- |

(c)

5

243010

Chinese cabbage

243020

Kale, collards)

243990

Others

244000

| (d) | Kohlrabi |
| --- | --- |

(d)

0,2

250000

| (v) | Leaf vegetables & fresh herbs |
| --- | --- |

(v)

251000

| (a) | Lettuce and other salad plants including Brassicacea |
| --- | --- |

(a)

3

251010

Lamb's lettuce

251020

Lettuce

251030

Scarole

251040

Cress

251050

Land cress

(*2)

251060

Rocket, Rucola

251070

Red mustard

(*2)

251080

Leaves and sprouts of Brassica spp.

251990

Others

252000

| (b) | Spinach & similar (leaves) |
| --- | --- |

(b)

252010

Spinach

0,05  (*1)

252020

Purslane

(*2)

252030

Beet leaves

0,05  (*1)

252990

Others

0,05  (*1)

253000

| (c) | Vine leaves |
| --- | --- |

(c)

(*2)

254000

| (d) | Watercress |
| --- | --- |

(d)

0,05  (*1)

255000

| (e) | Witloof |
| --- | --- |

(e)

0,2

256000

| (f) | Herbs |
| --- | --- |

(f)

3

256010

Chervil

256020

Chives

256030

Celery leaves

256040

Parsley

256050

Sage

(*2)

256060

Rosemary

(*2)

256070

Thyme

(*2)

256080

Basil

(*2)

256090

Bay leaves

(*2)

256100

Tarragon

(*2)

256990

Others

260000

| (vi) | Legume vegetables (fresh) |
| --- | --- |

(vi)

260010

Beans

1

260020

Beans

0,2

260030

Peas

0,5

260040

Peas

0,2

260050

Lentils

0,05  (*1)

260990

Others

0,05  (*1)

270000

| (vii) | Stem vegetables (fresh) |
| --- | --- |

(vii)

270010

Asparagus

0,05  (*1)

270020

Cardoons

0,05  (*1)

270030

Celery

5

270040

Fennel

5

270050

Globe artichokes

1

270060

Leek

2

270070

Rhubarb

0,05  (*1)

270080

Bamboo shoots

(*2)

270090

Palm hearts

(*2)

270990

Others

0,05  (*1)

280000

| (viii) | Fungi |
| --- | --- |

(viii)

0,05  (*1)

280010

Cultivated

280020

Wild

280990

Others

(*2)

290000

| (ix) | Seaweeds |
| --- | --- |

(ix)

300000

| 3. | PULSES, DRY |
| --- | --- |

3.

0,1

300010

Beans

300020

Lentils

300030

Peas

300040

Lupins

300990

Others

400000

| 4. | OILSEEDS AND OILFRUITS |
| --- | --- |

4.

401000

| (i) | Oilseeds |
| --- | --- |

(i)

401010

Linseed

0,05  (*1)

401020

Peanuts

0,05  (*1)

401030

Poppy seed

0,05  (*1)

401040

Sesame seed

0,05  (*1)

401050

Sunflower seed

0,05  (*1)

401060

Rapeseed

0,5

401070

Soya bean

0,5

401080

Mustard seed

0,05  (*1)

401090

Cotton seed

0,05  (*1)

401100

Pumpkin seeds

0,05  (*1)

401110

Safflower

(*2)

401120

Borage

(*2)

401130

Gold of pleasure

(*2)

401140

Hempseed

0,05  (*1)

401150

Castor bean

(*2)

401990

Others

0,05  (*1)

402000

| (ii) | Oilfruits |
| --- | --- |

(ii)

0,05  (*1)

402010

Olives for oil production

402020

Palm nuts

(*2)

402030

Palmfruit

(*2)

402040

Kapok

(*2)

402990

Others

500000

| 5. | CEREALS |
| --- | --- |

5.

500010

Barley

0,3

500020

Buckwheat

0,05  (*1)

500030

Maize

0,05  (*1)

500040

Millet

0,05  (*1)

500050

Oats

0,3

500060

Rice

5

500070

Rye

0,3

500080

Sorghum

0,05  (*1)

500090

Wheat

0,3

500990

Others

0,05  (*1)

600000

| 6. | TEA, COFFEE, HERBAL INFUSIONS AND COCOA |
| --- | --- |

6.

610000

| (i) | Tea (dried leaves and stalks, fermented or otherwise of Camellia sinensis) |
| --- | --- |

(i)

0,1  (*1)

620000

| (ii) | Coffee beans |
| --- | --- |

(ii)

(*2)

630000

| (iii) | Herbal infusions (dried) |
| --- | --- |

(iii)

(*2)

631000

| (a) | Flowers |
| --- | --- |

(a)

(*2)

631010

Camomille flowers

(*2)

631020

Hybiscus flowers

(*2)

631030

Rose petals

(*2)

631040

Jasmine flowers

(*2)

631050

Lime

(*2)

631990

Others

(*2)

632000

| (b) | Leaves |
| --- | --- |

(b)

(*2)

632010

Strawberry leaves

(*2)

632020

Rooibos leaves

(*2)

632030

Maté

(*2)

632990

Others

(*2)

633000

| (c) | Roots |
| --- | --- |

(c)

(*2)

633010

Valerian root

(*2)

633020

Ginseng root

(*2)

633990

Others

(*2)

639000

| (d) | Other herbal infusions |
| --- | --- |

(d)

(*2)

640000

| (iv) | Cocoa (fermented beans) |
| --- | --- |

(iv)

(*2)

650000

| (v) | Carob (St Johns bread) |
| --- | --- |

(v)

(*2)

700000

| 7. | HOPS (DRIED), INCLUDING HOP PELLETS AND UNCONCENTRATED POWDER |
| --- | --- |

7.

20

800000

| 8. | SPICES |
| --- | --- |

8.

(*2)

810000

| (i) | Seeds |
| --- | --- |

(i)

(*2)

810010

Anise

(*2)

810020

Black caraway

(*2)

810030

Celery seed

(*2)

810040

Coriander seed

(*2)

810050

Cumin seed

(*2)

810060

Dill seed

(*2)

810070

Fennel seed

(*2)

810080

Fenugreek

(*2)

810090

Nutmeg

(*2)

810990

Others

(*2)

820000

| (ii) | Fruits and berries |
| --- | --- |

(ii)

(*2)

820010

Allspice

(*2)

820020

Anise pepper

(*2)

820030

Caraway

(*2)

820040

Cardamom

(*2)

820050

Juniper berries

(*2)

820060

Pepper, black and white

(*2)

820070

Vanilla pods

(*2)

820080

Tamarind

(*2)

820990

Others

(*2)

830000

| (iii) | Bark |
| --- | --- |

(iii)

(*2)

830010

Cinnamon

(*2)

830990

Others

(*2)

840000

| (iv) | Roots or rhizome |
| --- | --- |

(iv)

(*2)

840010

Liquorice

(*2)

840020

Ginger

(*2)

840030

Turmeric

(*2)

840040

Horseradish

(*2)

840990

Others

(*2)

850000

| (v) | Buds |
| --- | --- |

(v)

(*2)

850010

Cloves

(*2)

850020

Capers

(*2)

850990

Others

(*2)

860000

| (vi) | Flower stigma |
| --- | --- |

(vi)

(*2)

860010

Saffron

(*2)

860990

Others

(*2)

870000

| (vii) | Aril |
| --- | --- |

(vii)

(*2)

870010

Mace

(*2)

870990

Others

(*2)

900000

| 9. | SUGAR PLANTS |
| --- | --- |

9.

(*2)

900010

Sugar beet

(*2)

900020

Sugar cane

(*2)

900030

Chicory roots

(*2)

900990

Others

(*2)

1000000

| 10. | PRODUCTS OF ANIMAL ORIGIN-TERRESTRIAL ANIMALS |
| --- | --- |

10.

1010000

| (i) | Meat, preparations of meat, offals, blood, animal fats fresh chilled or frozen, salted, in brine, dried or smoked or processed as flours or meals other processed products such as sausages and food preparations based on these |
| --- | --- |

(i)

0,05  (*1)

1011000

| (a) | Swine |
| --- | --- |

(a)

1011010

Meat

1011020

Fat-free or lean meat

1011030

Liver

1011040

Kidney

1011050

Edible offal

1011990

Others

1012000

| (b) | Bovine |
| --- | --- |

(b)

1012010

Meat

1012020

Fat

1012030

Liver

1012040

Kidney

1012050

Edible offal

1012990

Others

1013000

| (c) | Sheep |
| --- | --- |

(c)

1013010

Meat

1013020

Fat

1013030

Liver

1013040

Kidney

1013050

Edible offal

1013990

Others

1014000

| (d) | Goat |
| --- | --- |

(d)

1014010

Meat

1014020

Fat

1014030

Liver

1014040

Kidney

1014050

Edible offal

1014990

Others

1015000

| (e) | Horses, asses, mules or hinnies |
| --- | --- |

(e)

(*2)

1015010

Meat

(*2)

1015020

Fat

(*2)

1015030

Liver

(*2)

1015040

Kidney

(*2)

1015050

Edible offal

(*2)

1015990

Others

(*2)

1016000

| (f) | Poultry - chicken, geese, duck, turkey and Guineafowl, ostrich, pigeon |
| --- | --- |

(f)

1016010

Meat

1016020

Fat

1016030

Liver

1016040

Kidney

1016050

Edible offal

1016990

Others

1017000

| (g) | Other farm animals (Rabbit, Kangaroo) |
| --- | --- |

(g)

(*2)

1017010

Meat

(*2)

1017020

Fat

(*2)

1017030

Liver

(*2)

1017040

Kidney

(*2)

1017050

Edible offal

(*2)

1017990

Others

(*2)

1020000

| (ii) | Milk and cream, not concentrated, nor containing added sugar or sweetening matter, butter and other fats derived from milk, cheese and curd |
| --- | --- |

(ii)

0,01  (*1)

1020010

Cattle

1020020

Sheep

1020030

Goat

1020040

Horse

1020990

Others

1030000

| (iii) | Birds' eggs, fresh preserved or cooked Shelled eggs and egg yolks fresh, dried, cooked by steaming or boiling in water, moulded, frozen or otherwise preserved whether or not containing added sugar or sweetening matter |
| --- | --- |

(iii)

0,05  (*1)

1030010

Chicken

(*2)

1030020

Duck

(*2)

1030030

Goose

(*2)

1030040

Quail

(*2)

1030990

Others

(*2)

1040000

| (iv) | Honey (Royal jelly, pollen) |
| --- | --- |

(iv)

(*2)

1050000

| (v) | Amphibians and reptiles (Frog legs, crocodiles) |
| --- | --- |

(v)

(*2)

1060000

| (vi) | Snails |
| --- | --- |

(vi)

(*2)

1070000

| (vii) | Other terrestrial animal products |
| --- | --- |

(vii)

(*2)

| (2) | Annex III is amended as follows:
  The lines for fludioxonil are replaced by the following:
  ‘Pesticide residues and maximum residue levels (mg/kg)







  Code number | Groups and examples of individual products to which the MRLs apply (2) | Fludioxonil |
| --- | --- | --- | --- |
| 100000 | 1. | FRUIT FRESH OR FROZEN; NUTS |

(2)

Annex III is amended as follows:

The lines for fludioxonil are replaced by the following:

‘Pesticide residues and maximum residue levels (mg/kg)

Code number

Groups and examples of individual products to which the MRLs apply (2)

Fludioxonil

100000

1.

110000

| (i) | Citrus fruit |
| --- | --- |

(i)

110010

Grapefruit

10

110020

Oranges

7

110030

Lemons

7

110040

Limes

7

110050

Mandarins

7

110990

Others

7

120000

| (ii) | Tree nuts (shelled or unshelled) |
| --- | --- |

(ii)

0,05  (*3)

120010

Almonds

120020

Brazil nuts

120030

Cashew nuts

120040

Chestnuts

120050

Coconuts

120060

Hazelnuts

120070

Macadamia

120080

Pecans

120090

Pine nuts

120100

Pistachios

120110

Walnuts

120990

Others

130000

| (iii) | Pome fruit |
| --- | --- |

(iii)

5

130010

Apples

130020

Pears

130030

Quinces

130040

Medlar

130050

Loquat

130990

Others

140000

| (iv) | Stone fruit |
| --- | --- |

(iv)

140010

Apricots

5

140020

Cherries

5

140030

Peaches

5

140040

Plums

0,5

140990

Others

0,05  (*3)

150000

| (v) | Berries & small fruit |
| --- | --- |

(v)

151000

| (a) | Table and wine grapes |
| --- | --- |

(a)

2

151010

Table grapes

2

151020

Wine grapes

2

152000

| (b) | Strawberries |
| --- | --- |

(b)

3

153000

| (c) | Cane fruit |
| --- | --- |

(c)

153010

Blackberries

5

153020

Dewberries

0,05  (*3)

153030

Raspberries

5

153990

Others

0,05  (*3)

154000

| (d) | Other small fruit & berries |
| --- | --- |

(d)

154010

Blueberries

3

154020

Cranberries

1

154030

Currants

3

154040

Gooseberries

3

154050

Rose hips

1

154060

Mulberries

1

154070

Azarole

1

154080

Elderberries

2

154990

Others

1

160000

| (vi) | Miscellaneous fruit |
| --- | --- |

(vi)

161000

| (a) | Edible peel |
| --- | --- |

(a)

0,05  (*3)

161010

Dates

161020

Figs

161030

Table olives

161040

Kumquats

161050

Carambola

161060

Persimmon

161070

Jambolan

161990

Others

162000

| (b) | Inedible peel, small |
| --- | --- |

(b)

162010

Kiwi

20

162020

Lychee

0,05  (*3)

162030

Passion fruit

0,05  (*3)

162040

Prickly pear

0,05  (*3)

162050

Star apple

0,05  (*3)

162060

American persimmon

0,05  (*3)

162990

Others

0,05  (*3)

163000

| (c) | Inedible peel, large |
| --- | --- |

(c)

163010

Avocados

0,05  (*3)

163020

Bananas

0,05  (*3)

163030

Mangoes

0,05  (*3)

163040

Papaya

0,05  (*3)

163050

Pomegranate

3

163060

Cherimoya

0,05  (*3)

163070

Guava

0,05  (*3)

163080

Pineapples

0,05  (*3)

163090

Breadfruit

0,05  (*3)

163100

Durian

0,05  (*3)

163110

Soursop

0,05  (*3)

163990

Others

0,05  (*3)

200000

| 2. | VEGETABLES FRESH OR FROZEN |
| --- | --- |

2.

210000

| (i) | Root and tuber vegetables |
| --- | --- |

(i)

211000

| (a) | Potatoes |
| --- | --- |

(a)

1

212000

| (b) | Tropical root and tuber vegetables |
| --- | --- |

(b)

0,05  (*3)

212010

Cassava

212020

Sweet potatoes

212030

Yams

212040

Arrowroot

212990

Others

213000

| (c) | Other root and tuber vegetables except sugar beet |
| --- | --- |

(c)

0,05  (*3)

213010

Beetroot

213020

Carrots

213030

Celeriac

213040

Horseradish

213050

Jerusalem artichokes

213060

Parsnips

213070

Parsley root

213080

Radishes

213090

Salsify

213100

Swedes

213110

Turnips

213990

Others

220000

| (ii) | Bulb vegetables |
| --- | --- |

(ii)

220010

Garlic

0,05  (*3)

220020

Onions

0,1

220030

Shallots

0,05  (*3)

220040

Spring onions

0,3

220990

Others

0,05  (*3)

230000

| (iii) | Fruiting vegetables |
| --- | --- |

(iii)

231000

| (a) | Solanacea |
| --- | --- |

(a)

231010

Tomatoes

1

231020

Peppers

2

231030

Aubergines

1

231040

Okra, lady's fingers

0,5

231990

Others

0,5

232000

| (b) | Cucurbits — edible peel |
| --- | --- |

(b)

232010

Cucumbers

1

232020

Gherkins

0,5

232030

Courgettes

1

232990

Others

0,5

233000

| (c) | Cucurbits — inedible peel |
| --- | --- |

(c)

0,05  (*3)

233010

Melons

233020

Pumpkins

233030

Watermelons

233990

Others

234000

| (d) | Sweetcorn |
| --- | --- |

(d)

0,05  (*3)

239000

| (e) | Other fruiting vegetables |
| --- | --- |

(e)

0,05  (*3)

240000

| (iv) | Brassica vegetables |
| --- | --- |

(iv)

0,05  (*3)

241000

| (a) | Flowering brassica |
| --- | --- |

(a)

0,05  (*3)

241010

Broccoli

241020

Cauliflower

241990

Others

242000

| (b) | Head brassica |
| --- | --- |

(b)

0,05  (*3)

242010

Brussels sprouts

242020

Head cabbage

242990

Others

243000

| (c) | Leafy brassica |
| --- | --- |

(c)

0,05  (*3)

243010

Chinese cabbage

243020

Kale, collards)

243990

Others

244000

| (d) | Kohlrabi |
| --- | --- |

(d)

0,05  (*3)

250000

| (v) | Leaf vegetables & fresh herbs |
| --- | --- |

(v)

251000

| (a) | Lettuce and other salad plants including Brassicacea |
| --- | --- |

(a)

10

251010

Lamb's lettuce

251020

Lettuce

251030

Scarole

251040

Cress

251050

Land cress

251060

Rocket, Rucola

251070

Red mustard

251080

Leaves and sprouts of Brassica spp.

251990

Others

252000

| (b) | Spinach & similar (leaves) |
| --- | --- |

(b)

252010

Spinach

0,05  (*3)

252020

Purslane

10

252030

Beet leaves

0,05  (*3)

252990

Others

0,05  (*3)

253000

| (c) | Vine leaves |
| --- | --- |

(c)

0,05  (*3)

254000

| (d) | Watercress |
| --- | --- |

(d)

0,05  (*3)

255000

| (e) | Witloof |
| --- | --- |

(e)

0,05  (*3)

256000

| (f) | Herbs |
| --- | --- |

(f)

1

256010

Chervil

256020

Chives

256030

Celery leaves

256040

Parsley

256050

Sage

256060

Rosemary

256070

Thyme

256080

Basil

256090

Bay leaves

256100

Tarragon

256990

Others

260000

| (vi) | Legume vegetables (fresh) |
| --- | --- |

(vi)

260010

Beans

1

260020

Beans

0,2

260030

Peas

0,2

260040

Peas

0,05  (*3)

260050

Lentils

0,05  (*3)

260990

Others

0,05  (*3)

270000

| (vii) | Stem vegetables (fresh) |
| --- | --- |

(vii)

270010

Asparagus

0,05  (*3)

270020

Cardoons

0,05  (*3)

270030

Celery

0,05  (*3)

270040

Fennel

0,1

270050

Globe artichokes

0,05  (*3)

270060

Leek

0,05  (*3)

270070

Rhubarb

0,05  (*3)

270080

Bamboo shoots

0,05  (*3)

270090

Palm hearts

0,05  (*3)

270990

Others

0,05  (*3)

280000

| (viii) | Fungi |
| --- | --- |

(viii)

0,05  (*3)

280010

Cultivated

280020

Wild

280990

Others

290000

| (ix) | Seaweeds |
| --- | --- |

(ix)

0,05  (*3)

300000

| 3. | PULSES, DRY |
| --- | --- |

3.

0,05  (*3)

300010

Beans

300020

Lentils

300030

Peas

300040

Lupins

300990

Others

400000

| 4. | OILSEEDS AND OILFRUITS |
| --- | --- |

4.

0,05  (*3)

401000

| (i) | Oilseeds |
| --- | --- |

(i)

401010

Linseed

401020

Peanuts

401030

Poppy seed

401040

Sesame seed

401050

Sunflower seed

401060

Rapeseed

401070

Soya bean

401080

Mustard seed

401090

Cotton seed

401100

Pumpkin seeds

401110

Safflower

401120

Borage

401130

Gold of pleasure

401140

Hempseed

401150

Castor bean

401990

Others

402000

| (ii) | Oilfruits |
| --- | --- |

(ii)

402010

Olives for oil production

402020

Palm nuts

402030

Palmfruit

402040

Kapok

402990

Others

500000

| 5. | CEREALS |
| --- | --- |

5.

500010

Barley

0,05  (*3)

500020

Buckwheat

0,05  (*3)

500030

Maize

0,1

500040

Millet

0,05  (*3)

500050

Oats

0,05  (*3)

500060

Rice

0,05  (*3)

500070

Rye

0,05  (*3)

500080

Sorghum

0,05  (*3)

500090

Wheat

0,2

500990

Others

0,05  (*3)

600000

| 6. | TEA, COFFEE, HERBAL INFUSIONS AND COCOA |
| --- | --- |

6.

0,05  (*3)

610000

| (i) | Tea (dried leaves and stalks, fermented or otherwise of Camellia sinensis) |
| --- | --- |

(i)

620000

| (ii) | Coffee beans |
| --- | --- |

(ii)

630000

| (iii) | Herbal infusions (dried) |
| --- | --- |

(iii)

631000

| (a) | Flowers |
| --- | --- |

(a)

631010

Camomille flowers

631020

Hybiscus flowers

631030

Rose petals

631040

Jasmine flowers

631050

Lime

631990

Others

632000

| (b) | Leaves |
| --- | --- |

(b)

632010

Strawberry leaves

632020

Rooibos leaves

632030

Maté

632990

Others

633000

| (c) | Roots |
| --- | --- |

(c)

633010

Valerian root

633020

Ginseng root

633990

Others

639000

| (d) | Other herbal infusions |
| --- | --- |

(d)

640000

| (iv) | Cocoa (fermented beans) |
| --- | --- |

(iv)

650000

| (v) | Carob (St Johns bread) |
| --- | --- |

(v)

700000

| 7. | HOPS (DRIED), INCLUDING HOP PELLETS AND UNCONCENTRATED POWDER |
| --- | --- |

7.

0,05  (*3)

800000

| 8. | SPICES |
| --- | --- |

8.

0,05  (*3)

810000

| (i) | Seeds |
| --- | --- |

(i)

810010

Anise

810020

Black caraway

810030

Celery seed

810040

Coriander seed

810050

Cumin seed

810060

Dill seed

810070

Fennel seed

810080

Fenugreek

810090

Nutmeg

810990

Others

820000

| (ii) | Fruits and berries |
| --- | --- |

(ii)

820010

Allspice

820020

Anise pepper

820030

Caraway

820040

Cardamom

820050

Juniper berries

820060

Pepper, black and white

820070

Vanilla pods

820080

Tamarind

820990

Others

830000

| (iii) | Bark |
| --- | --- |

(iii)

830010

Cinnamon

830990

Others

840000

| (iv) | Roots or rhizome |
| --- | --- |

(iv)

840010

Liquorice

840020

Ginger

840030

Turmeric

840040

Horseradish

840990

Others

850000

| (v) | Buds |
| --- | --- |

(v)

850010

Cloves

850020

Capers

850990

Others

860000

| (vi) | Flower stigma |
| --- | --- |

(vi)

860010

Saffron

860990

Others

870000

| (vii) | Aril |
| --- | --- |

(vii)

870010

Mace

870990

Others

900000

| 9. | SUGAR PLANTS |
| --- | --- |

9.

0,05  (*3)

900010

Sugar beet

900020

Sugar cane

900030

Chicory roots

900990

Others

1000000

| 10. | PRODUCTS OF ANIMAL ORIGIN-TERRESTRIAL ANIMALS |
| --- | --- |

10.

0,05  (*3)

1010000

| (i) | Meat, preparations of meat, offals, blood, animal fats fresh chilled or frozen, salted, in brine, dried or smoked or processed as flours or meals other processed products such as sausages and food preparations based on these |
| --- | --- |

(i)

1011000

| (a) | Swine |
| --- | --- |

(a)

1011010

Meat

1011020

Fat-free or lean meat

1011030

Liver

1011040

Kidney

1011050

Edible offal

1011990

Others

1012000

| (b) | Bovine |
| --- | --- |

(b)

1012010

Meat

1012020

Fat

1012030

Liver

1012040

Kidney

1012050

Edible offal

1012990

Others

1013000

| (c) | Sheep |
| --- | --- |

(c)

1013010

Meat

1013020

Fat

1013030

Liver

1013040

Kidney

1013050

Edible offal

1013990

Others

1014000

| (d) | Goat |
| --- | --- |

(d)

1014010

Meat

1014020

Fat

1014030

Liver

1014040

Kidney

1014050

Edible offal

1014990

Others

1015000

| (e) | Horses, asses, mules or hinnies |
| --- | --- |

(e)

1015010

Meat

1015020

Fat

1015030

Liver

1015040

Kidney

1015050

Edible offal

1015990

Others

1016000

| (f) | Poultry - chicken, geese, duck, turkey and Guineafowl, ostrich, pigeon |
| --- | --- |

(f)

1016010

Meat

1016020

Fat

1016030

Liver

1016040

Kidney

1016050

Edible offal

1016990

Others

1017000

| (g) | Other farm animals (Rabbit, Kangaroo) |
| --- | --- |

(g)

1017010

Meat

1017020

Fat

1017030

Liver

1017040

Kidney

1017050

Edible offal

1017990

Others

1020000

| (ii) | Milk and cream, not concentrated, nor containing added sugar or sweetening matter, butter and other fats derived from milk, cheese and curd |
| --- | --- |

(ii)

1020010

Cattle

1020020

Sheep

1020030

Goat

1020040

Horse

1020990

Others

1030000

| (iii) | Birds' eggs, fresh preserved or cooked Shelled eggs and egg yolks fresh, dried, cooked by steaming or boiling in water, moulded, frozen or otherwise preserved whether or not containing added sugar or sweetening matter |
| --- | --- |

(iii)

1030010

Chicken

1030020

Duck

1030030

Goose

1030040

Quail

1030990

Others

1040000

| (iv) | Honey (Royal jelly, pollen) |
| --- | --- |

(iv)

1050000

| (v) | Amphibians and reptiles (Frog legs, crocodiles) |
| --- | --- |

(v)

1060000

| (vi) | Snails |
| --- | --- |

(vi)

1070000

| (vii) | Other terrestrial animal products |
| --- | --- |

(vii)

---

(1)  For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.

(*1)  Indicates lower limit of analytical determination.

(*2)  Pesticide-code combination for which the MRL as set in Annex III Part B applies.’

(2)  For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.

(*3)  Indicates lower limit of analytical determination.’

---

| 27.3.2009 | EN | Official Journal of the European Union | L 81/15 |
| --- | --- | --- | --- |

27.3.2009

EN

Official Journal of the European Union

L 81/15

---

COMMISSION REGULATION (EC) No 257/2009

of 24 March 2009

amending Regulation (EC) No 794/2004 as regards the supplementary information sheet for notification of aid to fisheries and aquaculture

(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 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (1), and in particular Article 27 thereof,

After consulting the Advisory Committee on State Aid,

Whereas:

| (1) | Following the adoption by the Commission of new Community guidelines for the examination of State aids to fisheries and aquaculture (2), the supplementary information sheet contained in Part III.14 of Annex I to Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (3) should be replaced by a new supplementary information sheet in line with the framework in force. |
| --- | --- |

(1)

Following the adoption by the Commission of new Community guidelines for the examination of State aids to fisheries and aquaculture (2), the supplementary information sheet contained in Part III.14 of Annex I to Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (3) should be replaced by a new supplementary information sheet in line with the framework in force.

| (2) | Regulation (EC) No 794/2004 should therefore be amended accordingly, |
| --- | --- |

(2)

Regulation (EC) No 794/2004 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Part III.14 of Annex I to Regulation (EC) No 794/2004 is replaced by the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 24 March 2009.

For the Commission

Joe BORG

Member of the Commission

---

(1)  
  OJ L 83, 27.3.1999, p. 1.

1

(2)  
  OJ C 84, 3.4.2008, p. 10.

2

(3)  
  OJ L 140, 30.4.2004, p. 1.

3

---

ANNEX

‘PART III.14

SUPPLEMENTARY INFORMATION SHEET FOR AID TO FISHERIES AND AQUACULTURE

This supplementary information sheet must be used for the notification of any aid scheme or individual aid covered by Guidelines for the examination of State aid to fisheries and aquaculture (the Guidelines).

OBJECTIVES OF THE SCHEME or AID (tick as appropriate and insert the required information):

This Section follows the order of the subparagraphs of paragraph 4 of the Guidelines: “Aid which may be declared compatible”.

   Point 4.1 of the Guidelines: Aid for measures of the same kind as those covered by a block exemption Regulation

General remarks concerning this kind of aid

Two block exemption regulations are in force: Commission Regulation (EC) No 736/2008 (1) which applies to the fisheries and aquaculture sector and Commission Regulation (EC) No 800/2008 (2) which is the general exemption regulation applying to all sectors.

Therefore, such aid should not in principle be notified.

However, according to recital 6 of Regulation No 736/2008 and recital 7 of Regulation No 800/2008, these regulations should be without prejudice to the possibility for Member States of notifying State aid, the objectives of which correspond to objectives covered by these Regulations.

In addition, the following kinds of aid cannot benefit from the exemption provided by Regulations (EC) No 736/2008 and (EC) No 800/2008: aid exceeding specified ceilings, as referred to in Article 1(3) of Regulation (EC) No 736/2008 or in Article 6 of Regulation (EC) No 800/2008, or having specific characteristics, in particular aid granted to undertakings other than SMEs, aid to undertakings in difficulty, non-transparent aid, aid for an undertaking which is subject to an outstanding recovery order following a Commission decision declaring an aid incompatible with the common market.

Characteristics of the aid notified

|  | Aid of the same kind as aid covered by Regulation (EC) No 736/2008 |
| --- | --- |
|  | Aid of the same kind as aid covered by Regulation (EC) No 800/2008 |
|  | Aid exceeding the ceiling specified |
|  | Aid granted to undertakings other than SMEs |
|  | Aid which is not transparent |
|  | Aid for an undertaking which is subject to an outstanding recovery |
|  | Other characteristics: specify it |



Aid of the same kind as aid covered by Regulation (EC) No 736/2008



Aid of the same kind as aid covered by Regulation (EC) No 800/2008



Aid exceeding the ceiling specified



Aid granted to undertakings other than SMEs



Aid which is not transparent



Aid for an undertaking which is subject to an outstanding recovery



Other characteristics: specify it

Compatibility with the common market

The Member State is requested to provide detailed and reasoned justification as to why the aid can be considered compatible with the common market.

   Point 4.2 of the Guidelines: Aid falling within the scope of certain horizontal Guidelines

The Member State is requested to provide the reference to the relevant Guidelines which are considered to be applicable to the aid measure concerned as well as a detailed and reasoned justification as to why the aid is considered compatible with those Guidelines.

The Member State is requested to complete also the other relevant summary information sheets annexed to this Regulation.

| — | training aid — sheet in part III.2, |
| --- | --- |

—

training aid — sheet in part III.2,

| — | employment aid — sheet in part III.3, |
| --- | --- |

—

employment aid — sheet in part III.3,

| — | aid for research and development — sheet in parts III.6.A or III.6.B as appropriate, |
| --- | --- |

—

aid for research and development — sheet in parts III.6.A or III.6.B as appropriate,

| — | aid for rescuing and restructuring firms in difficulty — sheet in parts III.7 or III.8 as appropriate, |
| --- | --- |

—

aid for rescuing and restructuring firms in difficulty — sheet in parts III.7 or III.8 as appropriate,

| — | environmental aid — sheet III.10. |
| --- | --- |

—

environmental aid — sheet III.10.

   Point 4.3 of the Guidelines: Aid for investment on board fishing vessels

The Member State is requested to provide the information demonstrating the compatibility of the aid with the conditions set out in Article 25(2) and (6) of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (3).

It is also requested to provide a justification why this aid is not part of the operational programme co-financed by this Fund.

   Point 4.4 of the Guidelines: Aid to make good damage caused by natural disaster, exceptional occurrences or specific adverse climatic event

The Member State is requested to provide the following information demonstrating the compatibility of the aid:

| — | detailed information on the existence of a natural disaster or exceptional occurrence, including technical and/or scientific reports, |
| --- | --- |

—

detailed information on the existence of a natural disaster or exceptional occurrence, including technical and/or scientific reports,

| — | proof of a causal link between the event and the damages, |
| --- | --- |

—

proof of a causal link between the event and the damages,

| — | method of calculation of damages, |
| --- | --- |

—

method of calculation of damages,

| — | other means of justification. |
| --- | --- |

—

other means of justification.

   Point 4.5 of the Guidelines: Tax relief and labour related costs concerning Community fishing vessels operating outside Community waters

The Member State is requested to provide information demonstrating the compatibility of the aid with the conditions of point 4.5 of the Guidelines.

That information must in particular include details showing the risk of deregistration from the fishing fleet register of the vessels concerned by the scheme.

   Point 4.6 of the Guidelines: Aid financed through Para fiscal charges

The Member State is requested:

| — | to indicate how the funds acquired by means of the Para fiscal charges will be used and, |
| --- | --- |

—

to indicate how the funds acquired by means of the Para fiscal charges will be used and,

| — | to demonstrate how and on which basis their use is compatible with State aid rules. |
| --- | --- |

—

to demonstrate how and on which basis their use is compatible with State aid rules.

In addition, it must show how the scheme will benefit both domestic and imported products.

   Point 4.7 of the Guidelines: Aid for marketing of fishery products from the outermost regions

The Member State is requested to provide the information demonstrating the compatibility of the aid with the conditions of this Point and the relevant conditions of Council Regulation (EC) No 791/2007 of 21 May 2007 introducing a scheme to compensate for the additional costs incurred in the marketing of certain fishery products from the outermost regions the Azores, Madeira, the Canary Islands, French Guiana and Réunion (4).

   Point 4.8 of the Guidelines: Aid concerning the fishing fleet in outermost regions

The Member State is requested to provide the information demonstrating the compatibility of the aid with the conditions of this Point and the relevant conditions of Council Regulation (EC) No 639/2004 of 30 March 2004 on the management of fishing fleets registered in the Community outermost regions (5) and Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (6).

   Point 4.9 of the Guidelines: Aid for other measures

The Member State is requested to describe very precisely the kind of aid and its objectives.

In addition, it is requested to provide a detailed and reasoned justification on the compatibility of the aid with the conditions of point 3 of the Guidelines and to demonstrate how this aid serves the objectives of the common fisheries policy.

GENERAL PRINCIPLES

The Member State is requested to declare that no aid will be granted in respect of operations that the beneficiary has already begun to implement and for aid for activities in which the beneficiary would already engage under market conditions alone.

The Member State is requested to declare that no aid will be granted in circumstances where Community law, and in particular the rules of the Common Fisheries Policy, are not complied with.

In that sense, the Member State is requested to declare that the aid measure explicitly provides that, during the grant period, the beneficiaries of the aid shall comply with the rules of the Common Fisheries Policy and that, if during this period it is found that the beneficiary does not comply with rules of the Common Fisheries Policy, the grant must be reimbursed in proportion to the gravity of the infringement.

The Member State is requested to declare that the aid is limited to a maximum of 10 years, or, if this is not the case, undertakes to re-notify the aid at least two months before the tenth anniversary of its entry into force.

OTHER REQUIREMENTS

The Member State is requested to provide a list of all supporting documents submitted with the notification as well as a summary of those documents (e.g. socioeconomic data on the recipient regions, scientific and economic justification).

The Member State is requested to indicate that this aid is not cumulated with another aid for the same eligible expenses or for the same compensation.

If such accumulation exists, the Member State is requested to indicate the references of the aid (aid scheme or individual aid) with which there is accumulation and to demonstrate that the whole aid granted remains compatible with the relevant rules. For that purpose, the Member State shall take into account every kind of State aid, including de minimis aid.

---

(1)  
  OJ L 201, 30.7.2008, p. 16.

1

(2)  
  OJ L 214, 9.8.2008, p. 3.

2

(3)  
  OJ L 223, 15.8.2006, p. 1.

3

(4)  
  OJ L 176, 6.7.2007, p. 1.

4

(5)  
  OJ L 102, 7.4.2004, p. 9.

5

(6)  
  OJ L 337, 30.12.1999, p. 10.’

6

---

| 27.3.2009 | EN | Official Journal of the European Union | L 81/19 |
| --- | --- | --- | --- |

27.3.2009

EN

Official Journal of the European Union

L 81/19

---

COMMISSION REGULATION (EC) No 258/2009

of 26 March 2009

amending Regulation (EC) No 595/2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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), and in particular Article 69(2), Article 80(1) and Article 85, in conjunction with Article 4 thereof,

Whereas:

| (1) | Article 10 of Commission Regulation (EC) No 595/2004 (2) provides for the way the fat content of milk is taken into account when drawing up the definitive statement of deliveries. |
| --- | --- |

(1)

Article 10 of Commission Regulation (EC) No 595/2004 (2) provides for the way the fat content of milk is taken into account when drawing up the definitive statement of deliveries.

| (2) | The adjustment coefficients applied to milk deliveries where the fat content is greater or lower than the reference level have remained the same since 1989. In view of many changes in the nature of the support regime for the milk sector since then, it is appropriate to reduce the degree of adjustment applied to milk delivered with fat content greater than reference fat content. The coefficient to be applied when the real fat content of deliveries is less than the reference fat should remain unchanged. |
| --- | --- |

(2)

The adjustment coefficients applied to milk deliveries where the fat content is greater or lower than the reference level have remained the same since 1989. In view of many changes in the nature of the support regime for the milk sector since then, it is appropriate to reduce the degree of adjustment applied to milk delivered with fat content greater than reference fat content. The coefficient to be applied when the real fat content of deliveries is less than the reference fat should remain unchanged.

| (3) | In view of those differential adjustment rates, it is also appropriate to modify the information provided by Member States to the Commission in the annual questionnaire so that it shows details on both the upward and downward adjustments. |
| --- | --- |

(3)

In view of those differential adjustment rates, it is also appropriate to modify the information provided by Member States to the Commission in the annual questionnaire so that it shows details on both the upward and downward adjustments.

| (4) | Article 2 of Regulation (EC) No 595/2004 requires that each year the Commission has to divide the national quota for each Member State between deliveries and direct sales, based on communications from the Member States. Those communications concern the requests for conversions made by producers. Additional quota allocated to Member States is allocated to the national reserve in the first instance and then divided by Member States between deliveries and direct sales according to foreseeable needs. However, there is no formal provision whereby the Commission is informed of this division. Therefore, it is appropriate to require the Commission to take this division into account in the annual adaptation and to provide Member States with the mechanism to inform the Commission of the division of such quota. |
| --- | --- |

(4)

Article 2 of Regulation (EC) No 595/2004 requires that each year the Commission has to divide the national quota for each Member State between deliveries and direct sales, based on communications from the Member States. Those communications concern the requests for conversions made by producers. Additional quota allocated to Member States is allocated to the national reserve in the first instance and then divided by Member States between deliveries and direct sales according to foreseeable needs. However, there is no formal provision whereby the Commission is informed of this division. Therefore, it is appropriate to require the Commission to take this division into account in the annual adaptation and to provide Member States with the mechanism to inform the Commission of the division of such quota.

| (5) | In a number of Member States, deliveries have been substantially lower than the deliveries part of the national quota for a number of years. The possibility of the quota being exceeded will be further reduced as national quotas are increased. Experience shows that as the risk of incurring a levy is reduced, the risk that operators would understate or conceal the quantity of deliveries would also fall. It is therefore appropriate to reduce accordingly the intensity of controls to take place in such Member States in order to optimise the use of control resources. |
| --- | --- |

(5)

In a number of Member States, deliveries have been substantially lower than the deliveries part of the national quota for a number of years. The possibility of the quota being exceeded will be further reduced as national quotas are increased. Experience shows that as the risk of incurring a levy is reduced, the risk that operators would understate or conceal the quantity of deliveries would also fall. It is therefore appropriate to reduce accordingly the intensity of controls to take place in such Member States in order to optimise the use of control resources.

| (6) | In accordance with the second subparagraph of Article 19(3) of Regulation (EC) No 595/2004, Member States are required to complete all control reports relating to a 12-month period within 18 months of the end of the period concerned. Where Member States avail themselves of the option now provided to implement a reduced rate of control intensity in certain circumstances, it is appropriate to reduce the maximum time allowed for the completion of all reports. |
| --- | --- |

(6)

In accordance with the second subparagraph of Article 19(3) of Regulation (EC) No 595/2004, Member States are required to complete all control reports relating to a 12-month period within 18 months of the end of the period concerned. Where Member States avail themselves of the option now provided to implement a reduced rate of control intensity in certain circumstances, it is appropriate to reduce the maximum time allowed for the completion of all reports.

| (7) | In order to allow the Member States to benefit from a less burdensome situation resulting from the adjusted intensity of control, and taking into account that according to Article 19(2) of Regulation (EC) No 595/2004 controls are carried out partly during the 12-month period in question, partly after the 12-month period, it is appropriate to apply the adjusted intensity of controls as from the 12-month period 2008/2009, i.e. the period starting on 1 April 2008 and finishing on 31 March 2009. |
| --- | --- |

(7)

In order to allow the Member States to benefit from a less burdensome situation resulting from the adjusted intensity of control, and taking into account that according to Article 19(2) of Regulation (EC) No 595/2004 controls are carried out partly during the 12-month period in question, partly after the 12-month period, it is appropriate to apply the adjusted intensity of controls as from the 12-month period 2008/2009, i.e. the period starting on 1 April 2008 and finishing on 31 March 2009.

| (8) | In order to support the Commission’s supervision of the implementation of the quota system and in particular in the context of the reports to be provided by the Commission to the Council before the end of 2010 and 2012, it is appropriate to provide for more detailed information on the extent of quota utilisation, the distribution of the unused quota to producers, and where relevant, on the collection of levy due from producers. |
| --- | --- |

(8)

In order to support the Commission’s supervision of the implementation of the quota system and in particular in the context of the reports to be provided by the Commission to the Council before the end of 2010 and 2012, it is appropriate to provide for more detailed information on the extent of quota utilisation, the distribution of the unused quota to producers, and where relevant, on the collection of levy due from producers.

| (9) | Regulation (EC) No 595/2004 should therefore be amended accordingly. |
| --- | --- |

(9)

Regulation (EC) No 595/2004 should therefore be amended accordingly.

| (10) | The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chairman, |
| --- | --- |

(10)

The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chairman,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 595/2004 is amended as follows:

| 1. | in Article 2, first paragraph, ‘Article 21’ is replaced by ‘Article 25’; |
| --- | --- |

1.

in Article 2, first paragraph, ‘Article 21’ is replaced by ‘Article 25’;

| 2. | Article 10 is amended as follows:






  (a) | paragraph 1 is amended as follows:






  (i) | the second subparagraph is replaced by the following:
  ‘If a positive difference is found, the quantity of milk delivered shall be increased by 0,09 % per 0,1 gram of additional fat per kilogram of milk.’; |
| --- | --- | --- | --- |

2.

Article 10 is amended as follows:

(a)

paragraph 1 is amended as follows:

(i)

the second subparagraph is replaced by the following:

‘If a positive difference is found, the quantity of milk delivered shall be increased by 0,09 % per 0,1 gram of additional fat per kilogram of milk.’;

| (ii) | the fifth subparagraph is replaced by the following:
  ‘Where the quantity of milk delivered is expressed in litres, the adjustment shall be multiplied by the coefficient 0,971.’; |
| --- | --- |

(ii)

the fifth subparagraph is replaced by the following:

‘Where the quantity of milk delivered is expressed in litres, the adjustment shall be multiplied by the coefficient 0,971.’;

| (b) | paragraph 2 is replaced by the following:

  ‘2.   The Member States shall establish the adjustment of deliveries at national level in accordance with Article 80(1) of Council Regulation (EC) No 1234/2007 (*1).


  (*1)  
  OJ L 299, 16.11.2007, p. 1.’;" |
| --- | --- |

(b)

paragraph 2 is replaced by the following:

‘2.   The Member States shall establish the adjustment of deliveries at national level in accordance with Article 80(1) of Council Regulation (EC) No 1234/2007 (*1).

(*1)  
  OJ L 299, 16.11.2007, p. 1.’;"

*1

| 3. | in Article 19(3), the following sentence is added in the second subparagraph:

  ‘However the inspection reports shall be completed no later than 12 months after the end of the period concerned in Member States where Article 22(1), points (aa) and (ba) apply.’; |
| --- | --- |

3.

in Article 19(3), the following sentence is added in the second subparagraph:

‘However the inspection reports shall be completed no later than 12 months after the end of the period concerned in Member States where Article 22(1), points (aa) and (ba) apply.’;

| 4. | in Article 22(1), points (a) and (b) are replaced by the following:






  ‘(a) | 2 % of producers for each 12-month period, or |
| --- | --- | --- |

4.

in Article 22(1), points (a) and (b) are replaced by the following:

‘(a)

2 % of producers for each 12-month period, or

| (aa) | 1 % of producers in Member States where the total adjusted deliveries have been less than 95 % of the deliveries part of the national quota in each of the three preceding 12-month periods; and |
| --- | --- |

(aa)

1 % of producers in Member States where the total adjusted deliveries have been less than 95 % of the deliveries part of the national quota in each of the three preceding 12-month periods; and

| (b) | 40 % of the quantity of milk declared after adjustment for the period concerned, or |
| --- | --- |

(b)

40 % of the quantity of milk declared after adjustment for the period concerned, or

| (ba) | 20 % of the quantity of milk declared after adjustment in Member States where the total adjusted deliveries have been less than 95 % of the deliveries part of the national quota in each of the three preceding 12-month periods; and’; |
| --- | --- |

(ba)

20 % of the quantity of milk declared after adjustment in Member States where the total adjusted deliveries have been less than 95 % of the deliveries part of the national quota in each of the three preceding 12-month periods; and’;

| 5. | in Article 25, paragraph 2 is replaced by the following:

  ‘2.   In accordance with Article 69(2)(a) of Regulation (EC) No 1234/2007, the Member States shall notify to the Commission, before 1 February each year:






  (a) | the quantities which have been definitively converted between individual quotas for deliveries and direct sales at the request of individual producers; |
| --- | --- | --- |

5.

in Article 25, paragraph 2 is replaced by the following:

‘2.   In accordance with Article 69(2)(a) of Regulation (EC) No 1234/2007, the Member States shall notify to the Commission, before 1 February each year:

(a)

the quantities which have been definitively converted between individual quotas for deliveries and direct sales at the request of individual producers;

| (b) | the division between deliveries and direct sales of the quota placed in the national reserve in accordance with Article 71(2) of Regulation (EC) No 1234/2007 with effect from 1 April of the 12-month period in question.’; |
| --- | --- |

(b)

the division between deliveries and direct sales of the quota placed in the national reserve in accordance with Article 71(2) of Regulation (EC) No 1234/2007 with effect from 1 April of the 12-month period in question.’;

| 6. | in Article 27, the following paragraph 4 is added:

  ‘4.   Before 1 October each year, the Member States shall communicate to the Commission a report concerning quota utilisation and levy collection in respect of the 12-month period finishing on 31 March of the same calendar year. The report shall include information on the reallocation of unused quota including the number of producers to whom allocations were made and the basis for the allocations. Where relevant, the report shall state the number of producers contributing to the payment of the surplus levy and indicate the number of cases, if any, where the surplus levy has been deemed impossible to collect due to producers’ definitive incapacity to pay or bankruptcy. Member States shall communicate an update of the report to the Commission before 1 December to include relevant newly available information. Each subsequent report shall update the position in respect of the collection of any surplus levy previously reported as outstanding.’; |
| --- | --- |

6.

in Article 27, the following paragraph 4 is added:

‘4.   Before 1 October each year, the Member States shall communicate to the Commission a report concerning quota utilisation and levy collection in respect of the 12-month period finishing on 31 March of the same calendar year. The report shall include information on the reallocation of unused quota including the number of producers to whom allocations were made and the basis for the allocations. Where relevant, the report shall state the number of producers contributing to the payment of the surplus levy and indicate the number of cases, if any, where the surplus levy has been deemed impossible to collect due to producers’ definitive incapacity to pay or bankruptcy. Member States shall communicate an update of the report to the Commission before 1 December to include relevant newly available information. Each subsequent report shall update the position in respect of the collection of any surplus levy previously reported as outstanding.’;

| 7. | in Annex I, point 1.8 is replaced by the following:






  ‘1.8 | Adjustment of deliveries due to fat content:






  (a) | quantity of deliveries subject to upward adjustment (kilograms); |
| --- | --- | --- | --- |

7.

in Annex I, point 1.8 is replaced by the following:

‘1.8

Adjustment of deliveries due to fat content:

(a)

quantity of deliveries subject to upward adjustment (kilograms);

| (b) | total of upward adjustment (kilograms); |
| --- | --- |

(b)

total of upward adjustment (kilograms);

| (c) | quantity of deliveries subject to downward adjustment (kilograms); |
| --- | --- |

(c)

quantity of deliveries subject to downward adjustment (kilograms);

| (d) | total of downward adjustment (kilograms).’. |
| --- | --- |

(d)

total of downward adjustment (kilograms).’.

Article 2

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

It shall apply from 1 April 2009, except for points 3 and 4 of Article 1, which shall apply from 1 April 2008.

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

Done at Brussels, 26 March 2009.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

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

1

(2)  
  OJ L 94, 31.3.2004, p. 22.

2

---

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

DECISIONS

Commission

| 27.3.2009 | EN | Official Journal of the European Union | L 81/22 |
| --- | --- | --- | --- |

27.3.2009

EN

Official Journal of the European Union

L 81/22

---

COMMISSION DECISION

of 26 March 2009

amending Decision 2008/866/EC as regards its period of application

(notified under document number C(2009) 1876)

(Text with EEA relevance)

(2009/297/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

| (1) | Commission Decision 2008/866/EC of 12 November 2008 on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption (2) was adopted as a result of contamination with the hepatitis A virus (HAV) of certain bivalve molluscs imported from Peru which were identified as being at the origin of an outbreak of hepatitis A in humans. That Decision applies until 31 March 2009. |
| --- | --- |

(1)

Commission Decision 2008/866/EC of 12 November 2008 on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption (2) was adopted as a result of contamination with the hepatitis A virus (HAV) of certain bivalve molluscs imported from Peru which were identified as being at the origin of an outbreak of hepatitis A in humans. That Decision applies until 31 March 2009.

| (2) | The Peruvian authorities have provided certain information concerning the corrective measures put in place to improve control of the production of bivalve molluscs intended for export to the Community. |
| --- | --- |

(2)

The Peruvian authorities have provided certain information concerning the corrective measures put in place to improve control of the production of bivalve molluscs intended for export to the Community.

| (3) | That information is, however, insufficient and a Commission inspection is to be carried out in Peru. |
| --- | --- |

(3)

That information is, however, insufficient and a Commission inspection is to be carried out in Peru.

| (4) | Pending the submission of all relevant information by the Peruvian authorities and the results of that inspection, it is appropriate to extend the application of Decision 2008/866/EC until 30 November 2009. |
| --- | --- |

(4)

Pending the submission of all relevant information by the Peruvian authorities and the results of that inspection, it is appropriate to extend the application of Decision 2008/866/EC until 30 November 2009.

| (5) | Decision 2008/866/EC should therefore be amended accordingly. |
| --- | --- |

(5)

Decision 2008/866/EC should therefore be amended accordingly.

| (6) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(6)

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

In Article 5 of Decision 2008/866/EC, ‘31 March 2009’ is replaced by ‘30 November 2009’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 26 March 2009.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 31, 1.2.2002, p. 1.

1

(2)  
  OJ L 307, 18.11.2008, p. 9.

2

---

| 27.3.2009 | EN | Official Journal of the European Union | L 81/23 |
| --- | --- | --- | --- |

27.3.2009

EN

Official Journal of the European Union

L 81/23

---

COMMISSION DECISION

of 26 March 2009

prolonging the validity of Decision 2006/502/EC requiring Member States to take measures to ensure that only lighters which are child-resistant are placed on the market and to prohibit the placing on the market of novelty lighters

(notified under document number C(2009) 2078)

(Text with EEA relevance)

(2009/298/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1), and in particular Article 13 thereof,

Whereas:

| (1) | Commission Decision 2006/502/EC (2) requires Member States to take measures to ensure that only lighters which are child-resistant are placed on the market and to prohibit the placing on the market of novelty lighters. |
| --- | --- |

(1)

Commission Decision 2006/502/EC (2) requires Member States to take measures to ensure that only lighters which are child-resistant are placed on the market and to prohibit the placing on the market of novelty lighters.

| (2) | Decision 2006/502/EC was adopted in accordance with the provisions of Article 13 of Directive 2001/95/EC, which restricts the validity of the Decision to a period not exceeding one year, but allows it to be confirmed for additional periods none of which shall exceed one year. |
| --- | --- |

(2)

Decision 2006/502/EC was adopted in accordance with the provisions of Article 13 of Directive 2001/95/EC, which restricts the validity of the Decision to a period not exceeding one year, but allows it to be confirmed for additional periods none of which shall exceed one year.

| (3) | Decision 2006/502/EC was amended twice, firstly by Decision 2007/231/EC (3) which prolonged the validity of the Decision until 11 May 2008 and secondly by Decision 2008/322/EC (4) which prolonged the validity of the Decision for a further year until 11 May 2009. |
| --- | --- |

(3)

Decision 2006/502/EC was amended twice, firstly by Decision 2007/231/EC (3) which prolonged the validity of the Decision until 11 May 2008 and secondly by Decision 2008/322/EC (4) which prolonged the validity of the Decision for a further year until 11 May 2009.

| (4) | In the absence of other satisfactory measures addressing the child safety of lighters, it is necessary to prolong the validity of Decision 2006/502/EC for a further 12 months and to amend it accordingly. |
| --- | --- |

(4)

In the absence of other satisfactory measures addressing the child safety of lighters, it is necessary to prolong the validity of Decision 2006/502/EC for a further 12 months and to amend it accordingly.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Committee established by Directive 2001/95/EC, |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Directive 2001/95/EC,

HAS ADOPTED THIS DECISION:

Article 1

Article 6(2) of Decision 2006/502/EC is replaced by:

‘2.   This Decision shall apply until 11 May 2010.’

Article 2

Member States shall take the necessary measures to comply with this Decision by 11 May 2009 at the latest and shall publish those measures. They shall forthwith inform the Commission thereof.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 26 March 2009.

For the Commission

Meglena KUNEVA

Member of the Commission

---

(1)  
  OJ L 11, 15.1.2002, p. 4.

1

(2)  
  OJ L 198, 20.7.2006, p. 41.

2

(3)  
  OJ L 99, 14.4.2007, p. 16.

3

(4)  
  OJ L 109, 19.4.2008, p. 40.

4

---

III Acts adopted under the EU Treaty

ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY

| 27.3.2009 | EN | Official Journal of the European Union | L 81/24 |
| --- | --- | --- | --- |

27.3.2009

EN

Official Journal of the European Union

L 81/24

---

COUNCIL FRAMEWORK DECISION 2009/299/JHA

of 26 February 2009

amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(1)(a) and Article 34(2)(b) thereof,

Having regard to the initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Slovak Republic, the United Kingdom of Great Britain and Northern Ireland and the Federal Republic of Germany (1),

Having regard to the opinion of the European Parliament,

Whereas:

| (1) | The right of an accused person to appear in person at the trial is included in the right to a fair trial provided for in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the European Court of Human Rights. The Court has also declared that the right of the accused person to appear in person at the trial is not absolute and that under certain conditions the accused person may, of his or her own free will, expressly or tacitly but unequivocally, waive that right. |
| --- | --- |

(1)

The right of an accused person to appear in person at the trial is included in the right to a fair trial provided for in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the European Court of Human Rights. The Court has also declared that the right of the accused person to appear in person at the trial is not absolute and that under certain conditions the accused person may, of his or her own free will, expressly or tacitly but unequivocally, waive that right.

| (2) | The various Framework Decisions implementing the principle of mutual recognition of final judicial decisions do not deal consistently with the issue of decisions rendered following a trial at which the person concerned did not appear in person. This diversity could complicate the work of the practitioner and hamper judicial cooperation. |
| --- | --- |

(2)

The various Framework Decisions implementing the principle of mutual recognition of final judicial decisions do not deal consistently with the issue of decisions rendered following a trial at which the person concerned did not appear in person. This diversity could complicate the work of the practitioner and hamper judicial cooperation.

| (3) | Solutions provided by these Framework Decisions are not satisfactory as regards cases where the person could not be informed of the proceedings. Framework Decisions 2005/214/JHA on the application of the principle of mutual recognition to financial penalties (2), 2006/783/JHA on the application of the principle of mutual recognition to confiscation orders (3), 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (4) and 2008/947/JHA on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions (5) allow the executing authority to refuse the execution of such judgments. Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between Member States (6) allows the executing authority to require the issuing authority to give an assurance deemed adequate to guarantee the person who is the subject of the European arrest warrant that he or she will have an opportunity to apply for a retrial of the case in the issuing Member State and to be present when the judgment is given. The adequacy of such an assurance is a matter to be decided by the executing authority, and it is therefore difficult to know exactly when execution may be refused. |
| --- | --- |

(3)

Solutions provided by these Framework Decisions are not satisfactory as regards cases where the person could not be informed of the proceedings. Framework Decisions 2005/214/JHA on the application of the principle of mutual recognition to financial penalties (2), 2006/783/JHA on the application of the principle of mutual recognition to confiscation orders (3), 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (4) and 2008/947/JHA on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions (5) allow the executing authority to refuse the execution of such judgments. Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between Member States (6) allows the executing authority to require the issuing authority to give an assurance deemed adequate to guarantee the person who is the subject of the European arrest warrant that he or she will have an opportunity to apply for a retrial of the case in the issuing Member State and to be present when the judgment is given. The adequacy of such an assurance is a matter to be decided by the executing authority, and it is therefore difficult to know exactly when execution may be refused.

| (4) | It is therefore necessary to provide clear and common grounds for non-recognition of decisions rendered following a trial at which the person concerned did not appear in person. This Framework Decision is aimed at refining the definition of such common grounds allowing the executing authority to execute the decision despite the absence of the person at the trial, while fully respecting the person’s right of defence. This Framework Decision is not designed to regulate the forms and methods, including procedural requirements, that are used to achieve the results specified in this Framework Decision, which are a matter for the national laws of the Member States. |
| --- | --- |

(4)

It is therefore necessary to provide clear and common grounds for non-recognition of decisions rendered following a trial at which the person concerned did not appear in person. This Framework Decision is aimed at refining the definition of such common grounds allowing the executing authority to execute the decision despite the absence of the person at the trial, while fully respecting the person’s right of defence. This Framework Decision is not designed to regulate the forms and methods, including procedural requirements, that are used to achieve the results specified in this Framework Decision, which are a matter for the national laws of the Member States.

| (5) | Such changes require amendment of the existing Framework Decisions implementing the principle of mutual recognition of final judicial decisions. The new provisions should also serve as a basis for future instruments in this field. |
| --- | --- |

(5)

Such changes require amendment of the existing Framework Decisions implementing the principle of mutual recognition of final judicial decisions. The new provisions should also serve as a basis for future instruments in this field.

| (6) | The provisions of this Framework Decision amending other Framework Decisions set conditions under which the recognition and execution of a decision rendered following a trial at which the person concerned did not appear in person should not be refused. These are alternative conditions; when one of the conditions is satisfied, the issuing authority, by completing the corresponding section of the European arrest warrant or of the relevant certificate under the other Framework Decisions, gives the assurance that the requirements have been or will be met, which should be sufficient for the purpose of the execution of the decision on the basis of the principle of mutual recognition. |
| --- | --- |

(6)

The provisions of this Framework Decision amending other Framework Decisions set conditions under which the recognition and execution of a decision rendered following a trial at which the person concerned did not appear in person should not be refused. These are alternative conditions; when one of the conditions is satisfied, the issuing authority, by completing the corresponding section of the European arrest warrant or of the relevant certificate under the other Framework Decisions, gives the assurance that the requirements have been or will be met, which should be sufficient for the purpose of the execution of the decision on the basis of the principle of mutual recognition.

| (7) | The recognition and execution of a decision rendered following a trial at which the person concerned did not appear in person should not be refused if either he or she was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the decision, or if he or she actually received, by other means, official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial. In this context, it is understood that the person should have received such information ‘in due time’, meaning sufficiently in time to allow him or her to participate in the trial and to effectively exercise his or her right of defence. |
| --- | --- |

(7)

The recognition and execution of a decision rendered following a trial at which the person concerned did not appear in person should not be refused if either he or she was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the decision, or if he or she actually received, by other means, official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial. In this context, it is understood that the person should have received such information ‘in due time’, meaning sufficiently in time to allow him or her to participate in the trial and to effectively exercise his or her right of defence.

| (8) | The right to a fair trial of an accused person is guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the European Court of Human Rights. This right includes the right of the person concerned to appear in person at the trial. In order to exercise this right, the person concerned needs to be aware of the scheduled trial. Under this Framework Decision, the person’s awareness of the trial should be ensured by each Member State in accordance with its national law, it being understood that this must comply with the requirements of that Convention. In accordance with the case law of the European Court of Human Rights, when considering whether the way in which the information is provided is sufficient to ensure the person’s awareness of the trial, particular attention could, where appropriate, also be paid to the diligence exercised by the person concerned in order to receive information addressed to him or her. |
| --- | --- |

(8)

The right to a fair trial of an accused person is guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the European Court of Human Rights. This right includes the right of the person concerned to appear in person at the trial. In order to exercise this right, the person concerned needs to be aware of the scheduled trial. Under this Framework Decision, the person’s awareness of the trial should be ensured by each Member State in accordance with its national law, it being understood that this must comply with the requirements of that Convention. In accordance with the case law of the European Court of Human Rights, when considering whether the way in which the information is provided is sufficient to ensure the person’s awareness of the trial, particular attention could, where appropriate, also be paid to the diligence exercised by the person concerned in order to receive information addressed to him or her.

| (9) | The scheduled date of a trial may for practical reasons initially be expressed as several possible dates within a short period of time. |
| --- | --- |

(9)

The scheduled date of a trial may for practical reasons initially be expressed as several possible dates within a short period of time.

| (10) | The recognition and execution of a decision rendered following a trial at which the person concerned did not appear in person should not be refused where the person concerned, being aware of the scheduled trial, was defended at the trial by a legal counsellor to whom he or she had given a mandate to do so, ensuring that legal assistance is practical and effective. In this context, it should not matter whether the legal counsellor was chosen, appointed and paid by the person concerned, or whether this legal counsellor was appointed and paid by the State, it being understood that the person concerned should deliberately have chosen to be represented by a legal counsellor instead of appearing in person at the trial. The appointment of the legal counsellor and related issues are a matter of national law. |
| --- | --- |

(10)

The recognition and execution of a decision rendered following a trial at which the person concerned did not appear in person should not be refused where the person concerned, being aware of the scheduled trial, was defended at the trial by a legal counsellor to whom he or she had given a mandate to do so, ensuring that legal assistance is practical and effective. In this context, it should not matter whether the legal counsellor was chosen, appointed and paid by the person concerned, or whether this legal counsellor was appointed and paid by the State, it being understood that the person concerned should deliberately have chosen to be represented by a legal counsellor instead of appearing in person at the trial. The appointment of the legal counsellor and related issues are a matter of national law.

| (11) | Common solutions concerning grounds for non-recognition in the relevant existing Framework Decisions should take into account the diversity of situations with regard to the right of the person concerned to a retrial or an appeal. Such a retrial, or appeal, is aimed at guaranteeing the rights of the defence and is characterised by the following elements: the person concerned has the right to be present, the merits of the case, including fresh evidence are re-examined, and the proceedings can lead to the original decision being reversed. |
| --- | --- |

(11)

Common solutions concerning grounds for non-recognition in the relevant existing Framework Decisions should take into account the diversity of situations with regard to the right of the person concerned to a retrial or an appeal. Such a retrial, or appeal, is aimed at guaranteeing the rights of the defence and is characterised by the following elements: the person concerned has the right to be present, the merits of the case, including fresh evidence are re-examined, and the proceedings can lead to the original decision being reversed.

| (12) | The right to a retrial or appeal should be guaranteed when the decision has already been served as well as, in the case of the European arrest warrant, when it had not yet been served, but will be served without delay after the surrender. The latter case refers to a situation where the authorities failed in their attempt to contact the person, in particular because he or she sought to evade justice. |
| --- | --- |

(12)

The right to a retrial or appeal should be guaranteed when the decision has already been served as well as, in the case of the European arrest warrant, when it had not yet been served, but will be served without delay after the surrender. The latter case refers to a situation where the authorities failed in their attempt to contact the person, in particular because he or she sought to evade justice.

| (13) | In case a European arrest warrant is issued for the purpose of executing a custodial sentence or detention order and the person concerned has not previously received any official information about the existence of the criminal proceedings against him or her, nor has been served with the judgment, this person should, following a request in the executing Member State, receive a copy of the judgment for information purposes only. The issuing and executing judicial authorities should, where appropriate, consult each other on the need and existing possibilities to provide the person concerned with a translation of the judgment, or of essential parts thereof, in a language that the person understands. Such provision of the judgment should neither delay the surrender procedure nor delay the decision to execute the European arrest warrant. |
| --- | --- |

(13)

In case a European arrest warrant is issued for the purpose of executing a custodial sentence or detention order and the person concerned has not previously received any official information about the existence of the criminal proceedings against him or her, nor has been served with the judgment, this person should, following a request in the executing Member State, receive a copy of the judgment for information purposes only. The issuing and executing judicial authorities should, where appropriate, consult each other on the need and existing possibilities to provide the person concerned with a translation of the judgment, or of essential parts thereof, in a language that the person understands. Such provision of the judgment should neither delay the surrender procedure nor delay the decision to execute the European arrest warrant.

| (14) | This Framework Decision is limited to refining the definition of grounds for non-recognition in instruments implementing the principle of mutual recognition. Therefore, provisions such as those relating to the right to a retrial have a scope which is limited to the definition of these grounds for non-recognition. They are not designed to harmonise national legislation. This Framework Decision is without prejudice to future instruments of the European Union designed to approximate the laws of the Member States in the field of criminal law. |
| --- | --- |

(14)

This Framework Decision is limited to refining the definition of grounds for non-recognition in instruments implementing the principle of mutual recognition. Therefore, provisions such as those relating to the right to a retrial have a scope which is limited to the definition of these grounds for non-recognition. They are not designed to harmonise national legislation. This Framework Decision is without prejudice to future instruments of the European Union designed to approximate the laws of the Member States in the field of criminal law.

| (15) | The grounds for non-recognition are optional. However, the discretion of Member States for transposing these grounds into national law is particularly governed by the right to a fair trial, while taking into account the overall objective of this Framework Decision to enhance the procedural rights of persons and to facilitate judicial cooperation in criminal matters, |
| --- | --- |

(15)

The grounds for non-recognition are optional. However, the discretion of Member States for transposing these grounds into national law is particularly governed by the right to a fair trial, while taking into account the overall objective of this Framework Decision to enhance the procedural rights of persons and to facilitate judicial cooperation in criminal matters,

HAS ADOPTED THIS FRAMEWORK DECISION:

Article 1

Objectives and scope

1.   The objectives of this Framework Decision are to enhance the procedural rights of persons subject to criminal proceedings, to facilitate judicial cooperation in criminal matters and, in particular, to improve mutual recognition of judicial decisions between Member States.

2.   This Framework Decision shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty, including the right of defence of persons subject to criminal proceedings, and any obligations incumbent upon judicial authorities in this respect shall remain unaffected.

3.   This Framework Decision establishes common rules for the recognition and/or execution of judicial decisions in one Member State (the executing Member State) issued by another Member State (the issuing Member State) following proceedings at which the person concerned was not present, pursuant to the provisions of Article 5(1) of Framework Decision 2002/584/JHA, of Article 7(2)(g) of Framework Decision 2005/214/JHA, of Article 8(2)(e) of Framework Decision 2006/783/JHA, of Article 9(1)(i) of Framework Decision 2008/909/JHA and of Article 11(1)(h) of Framework Decision 2008/947/JHA.

Article 2

Amendments to Framework Decision 2002/584/JHA

Framework Decision 2002/584/JHA is hereby amended as follows:

| 1. | the following Article shall be inserted:

  ‘Article 4a
  Decisions rendered following a trial at which the person did not appear in person

  1.   The executing judicial authority may also refuse to execute the European arrest warrant issued for the purpose of executing a custodial sentence or a detention order if the person did not appear in person at the trial resulting in the decision, unless the European arrest warrant states that the person, in accordance with further procedural requirements defined in the national law of the issuing Member State:






  (a) | in due time:






  (i) | either was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the decision, or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial;
  and |
| --- | --- | --- | --- |

1.

the following Article shall be inserted:

‘Article 4a

Decisions rendered following a trial at which the person did not appear in person

1.   The executing judicial authority may also refuse to execute the European arrest warrant issued for the purpose of executing a custodial sentence or a detention order if the person did not appear in person at the trial resulting in the decision, unless the European arrest warrant states that the person, in accordance with further procedural requirements defined in the national law of the issuing Member State:

(a)

in due time:

(i)

either was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the decision, or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial;

and

| (ii) | was informed that a decision may be handed down if he or she does not appear for the trial; |
| --- | --- |

(ii)

was informed that a decision may be handed down if he or she does not appear for the trial;

or

| (b) | being aware of the scheduled trial, had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;
  or |
| --- | --- |

(b)

being aware of the scheduled trial, had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;

or

| (c) | after being served with the decision and being expressly informed about the right to a retrial, or an appeal, in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed:






  (i) | expressly stated that he or she does not contest the decision;
  or |
| --- | --- | --- |

(c)

after being served with the decision and being expressly informed about the right to a retrial, or an appeal, in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed:

(i)

expressly stated that he or she does not contest the decision;

or

| (ii) | did not request a retrial or appeal within the applicable time frame; |
| --- | --- |

(ii)

did not request a retrial or appeal within the applicable time frame;

or

| (d) | was not personally served with the decision but:






  (i) | will be personally served with it without delay after the surrender and will be expressly informed of his or her right to a retrial, or an appeal, in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed;
  and |
| --- | --- | --- |

(d)

was not personally served with the decision but:

(i)

will be personally served with it without delay after the surrender and will be expressly informed of his or her right to a retrial, or an appeal, in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed;

and

| (ii) | will be informed of the time frame within which he or she has to request such a retrial or appeal, as mentioned in the relevant European arrest warrant. |
| --- | --- |

(ii)

will be informed of the time frame within which he or she has to request such a retrial or appeal, as mentioned in the relevant European arrest warrant.

2.   In case the European arrest warrant is issued for the purpose of executing a custodial sentence or detention order under the conditions of paragraph 1(d) and the person concerned has not previously received any official information about the existence of the criminal proceedings against him or her, he or she may, when being informed about the content of the European arrest warrant, request to receive a copy of the judgment before being surrendered. Immediately after having been informed about the request, the issuing authority shall provide the copy of the judgment via the executing authority to the person sought. The request of the person sought shall neither delay the surrender procedure nor delay the decision to execute the European arrest warrant. The provision of the judgment to the person concerned is for information purposes only; it shall neither be regarded as a formal service of the judgment nor actuate any time limits applicable for requesting a retrial or appeal.

3.   In case a person is surrendered under the conditions of paragraph (1)(d) and he or she has requested a retrial or appeal, the detention of that person awaiting such retrial or appeal shall, until these proceedings are finalised, be reviewed in accordance with the law of the issuing Member State, either on a regular basis or upon request of the person concerned. Such a review shall in particular include the possibility of suspension or interruption of the detention. The retrial or appeal shall begin within due time after the surrender.’;

| 2. | in Article 5, paragraph 1 shall be deleted; |
| --- | --- |

2.

in Article 5, paragraph 1 shall be deleted;

| 3. | in the Annex (EUROPEAN ARREST WARRANT), point (d) shall be replaced by the following:







  ‘(d) | Indicate if the person appeared in person at the trial resulting in the decision:






  1. |  | Yes, the person appeared in person at the trial resulting in the decision. |
| --- | --- | --- | --- | --- |

3.

in the Annex (EUROPEAN ARREST WARRANT), point (d) shall be replaced by the following:

‘(d)

Indicate if the person appeared in person at the trial resulting in the decision:

1.



Yes, the person appeared in person at the trial resulting in the decision.

| 2. |  | No, the person did not appear in person at the trial resulting in the decision. |
| --- | --- | --- |

2.



No, the person did not appear in person at the trial resulting in the decision.

| 3. | If you have ticked the box under point 2, please confirm the existence of one of the following:






   | 3.1a. | the person was summoned in person on ... (day/month/year) and thereby informed of the scheduled date and place of the trial which resulted in the decision and was informed that a decision may be handed down if he or she does not appear for the trial;

  OR |
| --- | --- | --- | --- |

3.

If you have ticked the box under point 2, please confirm the existence of one of the following:



3.1a.

the person was summoned in person on ... (day/month/year) and thereby informed of the scheduled date and place of the trial which resulted in the decision and was informed that a decision may be handed down if he or she does not appear for the trial;

OR



| 3.1b. | the person was not summoned in person but by other means actually received official information of the scheduled date and place of the trial which resulted in the decision, in such a manner that it was unequivocally established that he or she was aware of the scheduled trial, and was informed that a decision may be handed down if he or she does not appear for the trial;

  OR |
| --- | --- |

3.1b.

the person was not summoned in person but by other means actually received official information of the scheduled date and place of the trial which resulted in the decision, in such a manner that it was unequivocally established that he or she was aware of the scheduled trial, and was informed that a decision may be handed down if he or she does not appear for the trial;

OR



| 3.2. | being aware of the scheduled trial, the person had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;

  OR |
| --- | --- |

3.2.

being aware of the scheduled trial, the person had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;

OR



| 3.3. | the person was served with the decision on ... (day/month/year) and was expressly informed about the right to a retrial or appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed, and







   | the person expressly stated that he or she does not contest this decision,
  OR |
| --- | --- | --- |
|  | the person did not request a retrial or appeal within the applicable time frame;
  OR |

3.3.

the person was served with the decision on ... (day/month/year) and was expressly informed about the right to a retrial or appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed, and



the person expressly stated that he or she does not contest this decision,

OR



the person did not request a retrial or appeal within the applicable time frame;

OR



| 3.4. | the person was not personally served with the decision, but







  — | the person will be personally served with this decision without delay after the surrender, and |
| --- | --- | --- |

3.4.

the person was not personally served with the decision, but

—

the person will be personally served with this decision without delay after the surrender, and

| — | when served with the decision, the person will be expressly informed of his or her right to a retrial or appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed, and |
| --- | --- |

—

when served with the decision, the person will be expressly informed of his or her right to a retrial or appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed, and

| — | the person will be informed of the time frame within which he or she has to request a retrial or appeal, which will be ... days. |
| --- | --- |

—

the person will be informed of the time frame within which he or she has to request a retrial or appeal, which will be ... days.

| 4. | If you have ticked the box under points 3.1b, 3.2 or 3.3 above, please provide information about how the relevant condition has been met:
  ...
  ...’ |
| --- | --- |

4.

If you have ticked the box under points 3.1b, 3.2 or 3.3 above, please provide information about how the relevant condition has been met:

...

...’

Article 3

Amendments to Framework Decision 2005/214/JHA

Framework Decision 2005/214/JHA is hereby amended as follows:

| 1. | Article 7(2) is hereby amended as follows:






  (a) | point (g) shall be replaced by the following:






  ‘(g) | according to the certificate provided for in Article 4, the person concerned, in case of a written procedure, was not, in accordance with the law of the issuing State, informed personally or via a representative, competent according to national law, of his/her right to contest the case and of the time limits for such a legal remedy’; |
| --- | --- | --- | --- |

1.

Article 7(2) is hereby amended as follows:

(a)

point (g) shall be replaced by the following:

‘(g)

according to the certificate provided for in Article 4, the person concerned, in case of a written procedure, was not, in accordance with the law of the issuing State, informed personally or via a representative, competent according to national law, of his/her right to contest the case and of the time limits for such a legal remedy’;

| (b) | the following points shall be added:






  ‘(i) | according to the certificate provided for in Article 4, the person did not appear in person at the trial resulting in the decision, unless the certificate states that the person, in accordance with further procedural requirements defined in the national law of the issuing State:






  (i) | in due time:






  — | either was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the decision, or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial,
  and |
| --- | --- | --- | --- | --- |

(b)

the following points shall be added:

‘(i)

according to the certificate provided for in Article 4, the person did not appear in person at the trial resulting in the decision, unless the certificate states that the person, in accordance with further procedural requirements defined in the national law of the issuing State:

(i)

in due time:

—

either was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the decision, or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial,

and

| — | was informed that a decision may be handed down if he or she does not appear for the trial; |
| --- | --- |

—

was informed that a decision may be handed down if he or she does not appear for the trial;

or

| (ii) | being aware of the scheduled trial, had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;
  or |
| --- | --- |

(ii)

being aware of the scheduled trial, had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;

or

| (iii) | after being served with the decision and being expressly informed of the right to a retrial, or an appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed:






  — | expressly stated that he or she does not contest the decision,
  or |
| --- | --- | --- |

(iii)

after being served with the decision and being expressly informed of the right to a retrial, or an appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed:

—

expressly stated that he or she does not contest the decision,

or

| — | did not request a retrial or appeal within the applicable time frame; |
| --- | --- |

—

did not request a retrial or appeal within the applicable time frame;

| (j) | according to the certificate provided for in Article 4, the person did not appear in person, unless the certificate states that the person, having been expressly informed about the proceedings and the possibility to appear in person in a trial, expressly waived his or her right to an oral hearing and has expressly indicated that he or she does not contest the case.’; |
| --- | --- |

(j)

according to the certificate provided for in Article 4, the person did not appear in person, unless the certificate states that the person, having been expressly informed about the proceedings and the possibility to appear in person in a trial, expressly waived his or her right to an oral hearing and has expressly indicated that he or she does not contest the case.’;

| 2. | Article 7(3) shall be replaced by the following:

  ‘3.   In the cases referred to in paragraphs 1 and 2(c), (g), (i) and (j), before deciding not to recognise and to execute a decision, either totally or in part, the competent authority in the executing State shall consult the competent authority in the issuing State, by any appropriate means, and shall, where appropriate, ask it to supply any necessary information without delay.’; |
| --- | --- |

2.

Article 7(3) shall be replaced by the following:

‘3.   In the cases referred to in paragraphs 1 and 2(c), (g), (i) and (j), before deciding not to recognise and to execute a decision, either totally or in part, the competent authority in the executing State shall consult the competent authority in the issuing State, by any appropriate means, and shall, where appropriate, ask it to supply any necessary information without delay.’;

| 3. | in point (h) of the Annex (CERTIFICATE), point 3 is replaced by the following:







  ‘3. | Indicate if the person concerned appeared in person at the trial resulting in the decision:






  1. |  | Yes, the person appeared in person at the trial resulting in the decision. |
| --- | --- | --- | --- | --- |

3.

in point (h) of the Annex (CERTIFICATE), point 3 is replaced by the following:

‘3.

Indicate if the person concerned appeared in person at the trial resulting in the decision:

1.



Yes, the person appeared in person at the trial resulting in the decision.

| 2. |  | No, the person did not appear in person at the trial resulting in the decision. |
| --- | --- | --- |

2.



No, the person did not appear in person at the trial resulting in the decision.

| 3. | If you have ticked the box under point 2, please confirm the existence of one of the following:






   | 3.1a. | the person was summoned in person on ... (day/month/year) and thereby informed of the scheduled date and place of the trial which resulted in the decision and was informed that a decision may be handed down if he or she does not appear for the trial;

  OR |
| --- | --- | --- | --- |

3.

If you have ticked the box under point 2, please confirm the existence of one of the following:



3.1a.

the person was summoned in person on ... (day/month/year) and thereby informed of the scheduled date and place of the trial which resulted in the decision and was informed that a decision may be handed down if he or she does not appear for the trial;

OR



| 3.1b. | the person was not summoned in person but by other means actually received official information of the scheduled date and place of the trial which resulted in the decision, in such a manner that it was unequivocally established that he or she was aware of the scheduled trial, and was informed that a decision may be handed down if he or she does not appear for the trial;

  OR |
| --- | --- |

3.1b.

the person was not summoned in person but by other means actually received official information of the scheduled date and place of the trial which resulted in the decision, in such a manner that it was unequivocally established that he or she was aware of the scheduled trial, and was informed that a decision may be handed down if he or she does not appear for the trial;

OR



| 3.2. | being aware of the scheduled trial, the person had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;

  OR |
| --- | --- |

3.2.

being aware of the scheduled trial, the person had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;

OR



| 3.3. | the person was served with the decision on ... (day/month/year) and was expressly informed about the right to a retrial or appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed, and







   | the person expressly stated that he or she does not contest this decision,
  OR |
| --- | --- | --- |
|  | the person did not request a retrial or appeal within the applicable time frame;
  OR |

3.3.

the person was served with the decision on ... (day/month/year) and was expressly informed about the right to a retrial or appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed, and



the person expressly stated that he or she does not contest this decision,

OR



the person did not request a retrial or appeal within the applicable time frame;

OR



| 3.4. | the person, having been expressly informed about the proceedings and the possibility to appear in person in a trial, expressly waived his or her right to an oral hearing and has expressly indicated that he or she does not contest the case. |
| --- | --- |

3.4.

the person, having been expressly informed about the proceedings and the possibility to appear in person in a trial, expressly waived his or her right to an oral hearing and has expressly indicated that he or she does not contest the case.

| 4. | If you have ticked the box under points 3.1b, 3.2, 3.3 or 3.4 above, please provide information about how the relevant condition has been met:
  ...
  ...’ |
| --- | --- |

4.

If you have ticked the box under points 3.1b, 3.2, 3.3 or 3.4 above, please provide information about how the relevant condition has been met:

...

...’

Article 4

Amendments to Framework Decision 2006/783/JHA

Framework Decision 2006/783/JHA is hereby amended as follows:

| 1. | in Article 8(2), point (e) shall be replaced by the following:






  ‘(e) | according to the certificate provided for in Article 4(2), the person did not appear in person at the trial resulting in the confiscation order, unless the certificate states that the person, in accordance with further procedural requirements defined in the national law of the issuing State:






  (i) | in due time:






  — | either was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the confiscation order, or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial,
  and |
| --- | --- | --- | --- | --- |

1.

in Article 8(2), point (e) shall be replaced by the following:

‘(e)

according to the certificate provided for in Article 4(2), the person did not appear in person at the trial resulting in the confiscation order, unless the certificate states that the person, in accordance with further procedural requirements defined in the national law of the issuing State:

(i)

in due time:

—

either was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the confiscation order, or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial,

and

| — | was informed that such a confiscation order may be handed down if he or she does not appear for the trial; |
| --- | --- |

—

was informed that such a confiscation order may be handed down if he or she does not appear for the trial;

or

| (ii) | being aware of the scheduled trial, had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;
  or |
| --- | --- |

(ii)

being aware of the scheduled trial, had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;

or

| (iii) | after being served with the confiscation order and being expressly informed of the right to a retrial, or an appeal, in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed:






  — | expressly stated that he or she does not contest the confiscation order,
  or |
| --- | --- | --- |

(iii)

after being served with the confiscation order and being expressly informed of the right to a retrial, or an appeal, in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed:

—

expressly stated that he or she does not contest the confiscation order,

or

| — | did not request a retrial or appeal within the applicable time frame.’; |
| --- | --- |

—

did not request a retrial or appeal within the applicable time frame.’;

| 2. | in the Annex (CERTIFICATE), point (j) shall be replaced by the following:







  ‘(j) | Proceedings resulting in the confiscation order
  Indicate if the person appeared in person at the trial resulting in the confiscation order:






  1. |  | Yes, the person appeared in person at the trial resulting in the confiscation order. |
| --- | --- | --- | --- | --- |

2.

in the Annex (CERTIFICATE), point (j) shall be replaced by the following:

‘(j)

Proceedings resulting in the confiscation order

Indicate if the person appeared in person at the trial resulting in the confiscation order:

1.



Yes, the person appeared in person at the trial resulting in the confiscation order.

| 2. |  | No, the person did not appear in person at the trial resulting in the confiscation order. |
| --- | --- | --- |

2.



No, the person did not appear in person at the trial resulting in the confiscation order.

| 3. | If you have ticked the box under point 2, please confirm the existence of one of the following:






   | 3.1a. | the person was summoned in person on ... (day/month/year) and thereby informed of the scheduled date and place of the trial which resulted in the confiscation order and was informed that a decision may be handed down if he or she does not appear for the trial;

  OR |
| --- | --- | --- | --- |

3.

If you have ticked the box under point 2, please confirm the existence of one of the following:



3.1a.

the person was summoned in person on ... (day/month/year) and thereby informed of the scheduled date and place of the trial which resulted in the confiscation order and was informed that a decision may be handed down if he or she does not appear for the trial;

OR



| 3.1b. | the person was not summoned in person but by other means actually received official information of the scheduled date and place of the trial which resulted in the confiscation order, in such a manner that it was unequivocally established that he or she was aware of the scheduled trial, and was informed that a decision may be handed down if he or she does not appear for the trial;

  OR |
| --- | --- |

3.1b.

the person was not summoned in person but by other means actually received official information of the scheduled date and place of the trial which resulted in the confiscation order, in such a manner that it was unequivocally established that he or she was aware of the scheduled trial, and was informed that a decision may be handed down if he or she does not appear for the trial;

OR



| 3.2. | being aware of the scheduled trial, the person had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;

  OR |
| --- | --- |

3.2.

being aware of the scheduled trial, the person had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;

OR



| 3.3. | the person was served with the confiscation order on ... (day/month/year) and was expressly informed about the right to a retrial or appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed, and







   | the person expressly stated that he or she does not contest the decision,
  OR |
| --- | --- | --- |
|  | the person did not request a retrial or appeal within the applicable time frame. |

3.3.

the person was served with the confiscation order on ... (day/month/year) and was expressly informed about the right to a retrial or appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed, and



the person expressly stated that he or she does not contest the decision,

OR



the person did not request a retrial or appeal within the applicable time frame.

| 4. | If you have ticked the box under points 3.1b, 3.2, 3.3 or 3.4 above, please provide information about how the relevant condition has been met:
  ...
  ...’ |
| --- | --- |

4.

If you have ticked the box under points 3.1b, 3.2, 3.3 or 3.4 above, please provide information about how the relevant condition has been met:

...

...’

Article 5

Amendments to Framework Decision 2008/909/JHA

Framework Decision 2008/909/JHA is hereby amended as follows:

| 1. | in Article 9(1), point (i) shall be replaced by the following:






  ‘(i) | according to the certificate provided for in Article 4, the person did not appear in person at the trial resulting in the decision, unless the certificate states that the person, in accordance with further procedural requirements defined in the national law of the issuing State:






  (i) | in due time:






  — | either was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the decision, or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial,
  and |
| --- | --- | --- | --- | --- |

1.

in Article 9(1), point (i) shall be replaced by the following:

‘(i)

according to the certificate provided for in Article 4, the person did not appear in person at the trial resulting in the decision, unless the certificate states that the person, in accordance with further procedural requirements defined in the national law of the issuing State:

(i)

in due time:

—

either was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the decision, or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial,

and

| — | was informed that a decision may be handed down if he or she does not appear for the trial; |
| --- | --- |

—

was informed that a decision may be handed down if he or she does not appear for the trial;

or

| (ii) | being aware of the scheduled trial had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;
  or |
| --- | --- |

(ii)

being aware of the scheduled trial had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;

or

| (iii) | after being served with the decision and being expressly informed of the right to a retrial, or an appeal, in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed:






  — | expressly stated that he or she does not contest the decision,
  or |
| --- | --- | --- |

(iii)

after being served with the decision and being expressly informed of the right to a retrial, or an appeal, in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed:

—

expressly stated that he or she does not contest the decision,

or

| — | did not request a retrial or appeal within the applicable time frame.’; |
| --- | --- |

—

did not request a retrial or appeal within the applicable time frame.’;

| 2. | in point (i) of Annex I (CERTIFICATE), point 1 shall be replaced by the following:







  ‘1. | Indicate if the person appeared in person at the trial resulting in the decision:






  1. |  | Yes, the person appeared in person at the trial resulting in the decision. |
| --- | --- | --- | --- | --- |

2.

in point (i) of Annex I (CERTIFICATE), point 1 shall be replaced by the following:

‘1.

Indicate if the person appeared in person at the trial resulting in the decision:

1.



Yes, the person appeared in person at the trial resulting in the decision.

| 2. |  | No, the person did not appear in person at the trial resulting in the decision. |
| --- | --- | --- |

2.



No, the person did not appear in person at the trial resulting in the decision.

| 3. | If you have ticked the box under point 2, please confirm the existence of one of the following:






   | 3.1a. | the person was summoned in person on ... (day/month/year) and thereby informed of the scheduled date and place of the trial which resulted in the decision and was informed that a decision may be handed down if he or she does not appear for the trial;

  OR |
| --- | --- | --- | --- |

3.

If you have ticked the box under point 2, please confirm the existence of one of the following:



3.1a.

the person was summoned in person on ... (day/month/year) and thereby informed of the scheduled date and place of the trial which resulted in the decision and was informed that a decision may be handed down if he or she does not appear for the trial;

OR



| 3.1b. | the person was not summoned in person but by other means actually received official information of the scheduled date and place of the trial which resulted in the decision, in such a manner that it was unequivocally established that he or she was aware of the scheduled trial, and was informed that a decision may be handed down if he or she does not appear for the trial;

  OR |
| --- | --- |

3.1b.

the person was not summoned in person but by other means actually received official information of the scheduled date and place of the trial which resulted in the decision, in such a manner that it was unequivocally established that he or she was aware of the scheduled trial, and was informed that a decision may be handed down if he or she does not appear for the trial;

OR



| 3.2. | being aware of the scheduled trial the person had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;

  OR |
| --- | --- |

3.2.

being aware of the scheduled trial the person had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;

OR



| 3.3. | the person was served with the decision on ... (day/month/year) and was expressly informed about the right to a retrial or appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed, and







   | the person expressly stated that he or she does not contest this decision,
  OR |
| --- | --- | --- |
|  | the person did not request a retrial or appeal within the applicable time frame. |

3.3.

the person was served with the decision on ... (day/month/year) and was expressly informed about the right to a retrial or appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed, and



the person expressly stated that he or she does not contest this decision,

OR



the person did not request a retrial or appeal within the applicable time frame.

| 4. | If you have ticked the box under points 3.1b, 3.2 or 3.3 above, please provide information about how the relevant condition has been met:
  ...
  ...’ |
| --- | --- |

4.

If you have ticked the box under points 3.1b, 3.2 or 3.3 above, please provide information about how the relevant condition has been met:

...

...’

Article 6

Amendments to Framework Decision 2008/947/JHA

Framework Decision 2008/947/JHA is hereby amended as follows:

| 1. | in Article 11(1), point (h) shall be replaced by the following:






  ‘(h) | according to the certificate provided for in Article 6, the person did not appear in person at the trial resulting in the decision, unless the certificate states that the person, in accordance with further procedural requirements defined in the national law of the issuing State:






  (i) | in due time:






  — | either was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the decision, or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial,
  and |
| --- | --- | --- | --- | --- |

1.

in Article 11(1), point (h) shall be replaced by the following:

‘(h)

according to the certificate provided for in Article 6, the person did not appear in person at the trial resulting in the decision, unless the certificate states that the person, in accordance with further procedural requirements defined in the national law of the issuing State:

(i)

in due time:

—

either was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the decision, or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the scheduled trial,

and

| — | was informed that a decision may be handed down if he or she does not appear for the trial; |
| --- | --- |

—

was informed that a decision may be handed down if he or she does not appear for the trial;

or

| (ii) | being aware of the scheduled trial had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;
  or |
| --- | --- |

(ii)

being aware of the scheduled trial had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;

or

| (iii) | after being served with the decision and being expressly informed about the right to a retrial, or an appeal, in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed:






  — | expressly stated that he or she does not contest the decision,
  or |
| --- | --- | --- |

(iii)

after being served with the decision and being expressly informed about the right to a retrial, or an appeal, in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed:

—

expressly stated that he or she does not contest the decision,

or

| — | did not request a retrial or appeal within the applicable time frame.’; |
| --- | --- |

—

did not request a retrial or appeal within the applicable time frame.’;

| 2. | in Annex I (CERTIFICATE), point (h) shall be replaced by the following:







  ‘(h) | Indicate if the person appeared in person at the trial resulting in the decision:






  1. |  | Yes, the person appeared in person at the trial resulting in the decision. |
| --- | --- | --- | --- | --- |

2.

in Annex I (CERTIFICATE), point (h) shall be replaced by the following:

‘(h)

Indicate if the person appeared in person at the trial resulting in the decision:

1.



Yes, the person appeared in person at the trial resulting in the decision.

| 2. |  | No, the person did not appear in person at the trial resulting in the decision. |
| --- | --- | --- |

2.



No, the person did not appear in person at the trial resulting in the decision.

| 3. | If you have ticked the box under point 2, please confirm the existence of one of the following:






   | 3.1a. | the person was summoned in person on ... (day/month/year) and thereby informed of the scheduled date and place of the trial which resulted in the decision and was informed that a decision may be handed down if he or she does not appear for the trial;

  OR |
| --- | --- | --- | --- |

3.

If you have ticked the box under point 2, please confirm the existence of one of the following:



3.1a.

the person was summoned in person on ... (day/month/year) and thereby informed of the scheduled date and place of the trial which resulted in the decision and was informed that a decision may be handed down if he or she does not appear for the trial;

OR



| 3.1b. | the person was not summoned in person but by other means actually received official information of the scheduled date and place of the trial which resulted in the decision, in such a manner that it was unequivocally established that he or she was aware of the scheduled trial, and was informed that a decision may be handed down if he or she does not appear for the trial;

  OR |
| --- | --- |

3.1b.

the person was not summoned in person but by other means actually received official information of the scheduled date and place of the trial which resulted in the decision, in such a manner that it was unequivocally established that he or she was aware of the scheduled trial, and was informed that a decision may be handed down if he or she does not appear for the trial;

OR



| 3.2. | being aware of the scheduled trial the person had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;

  OR |
| --- | --- |

3.2.

being aware of the scheduled trial the person had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;

OR



| 3.3. | the person was served with the decision on ... (day/month/year) and was expressly informed about the right to a retrial or appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed, and







   | the person expressly stated that he or she does not contest this decision,
  OR |
| --- | --- | --- |
|  | the person did not request a retrial or appeal within the applicable time frame. |

3.3.

the person was served with the decision on ... (day/month/year) and was expressly informed about the right to a retrial or appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed, and



the person expressly stated that he or she does not contest this decision,

OR



the person did not request a retrial or appeal within the applicable time frame.

| 4. | If you have ticked the box under points 3.1b, 3.2 or 3.3 above, please provide information about how the relevant condition has been met:
  ...
  ...’ |
| --- | --- |

4.

If you have ticked the box under points 3.1b, 3.2 or 3.3 above, please provide information about how the relevant condition has been met:

...

...’

Article 7

Territorial application

This Framework Decision shall apply to Gibraltar.

Article 8

Implementation and transitional provisions

1.   Member States shall take the necessary measures to comply with the provisions of this Framework Decision by 28 March 2011.

2.   This Framework Decision shall apply as from the date mentioned in paragraph 1 to the recognition and enforcement of decisions rendered in the absence of the person concerned at the trial.

3.   If a Member State has declared, on the adoption of this Framework Decision, to have serious reasons to assume that it will not be able to comply with the provisions of this Framework Decision by the date referred to in paragraph 1, this Framework Decision shall apply as from 1 January 2014 at the latest to the recognition and enforcement of decisions, rendered in the absence of the person concerned at the trial which are issued by the competent authorities of that Member State. Any other Member State may require that the Member State having made such a declaration shall apply the relevant provisions of the Framework Decisions referred to in Articles 2, 3, 4, 5 and 6 in the versions in which they were adopted originally to the recognition and enforcement of decisions, rendered in the absence of the person concerned at the trial, which were issued by such other Member State.

4.   Until the dates mentioned in paragraphs 1 and 3, the relevant provisions of the Framework Decisions referred to in Articles 2, 3, 4, 5 and 6 shall continue to apply in the versions in which they were adopted originally.

5.   A declaration made in accordance with paragraph 3 shall be published in the Official Journal of the European Union. It may be withdrawn at any time.

6.   Member States shall transmit to the General Secretariat of the Council and to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Framework Decision.

Article 9

Review

1.   By 28 March 2014, the Commission shall draw up a report on the basis of the information received from the Member States pursuant to Article 8(6).

2.   On the basis of the report referred to in paragraph 1, the Council shall assess:

| (a) | the extent to which Member States have taken the necessary measures in order to comply with this Framework Decision; and |
| --- | --- |

(a)

the extent to which Member States have taken the necessary measures in order to comply with this Framework Decision; and

| (b) | the application of this Framework Decision. |
| --- | --- |

(b)

the application of this Framework Decision.

3.   The report referred to in paragraph 1 shall be accompanied, where necessary, by legislative proposals.

Article 10

Entry into force

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

Official Journal of the European Union

Done at Brussels, 26 February 2009.

For the Council

The President

I. LANGER

---

(1)  
  OJ C 52, 26.2.2008, p. 1.

1

(2)  Framework Decision of 24 February 2005 (OJ L 76, 22.3.2005, p. 16).

2

(3)  Framework Decision of 6 October 2006 (OJ L 328, 24.11.2006, p. 59).

3

(4)  Framework Decision of 27 November 2008 (OJ L 327, 5.12.2008, p. 27).

4

(5)  Framework Decision of 27 November 2008 (OJ L 337, 16.12.2008, p. 102).

5

(6)  Framework Decision of 13 June 2002 (OJ L 190, 18.7.2002, p. 1).

6

---