# Official Journal C 173/2007

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 173 |
| | |
| English edition | Information and Notices | Volume 5026 July 2007 |

ISSN 1725-2423

Official Journal

of the European Union

C 173

English edition

Information and Notices

Volume 5026 July 2007

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2007/C 173/01 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2007/C 173/01

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (
  1
  )

1

1

| | III   Preparatory Acts |
| --- | --- |
| | Member States' initiatives |
| 2007/C 173/02 | Initiative of the Federal Republic of Germany with a view to the adoption of a Council Decision on a contact-point network against corruption | 3 |

III   Preparatory Acts

Member States' initiatives

2007/C 173/02

Initiative of the Federal Republic of Germany with a view to the adoption of a Council Decision on a contact-point network against corruption

3

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Council |
| 2007/C 173/03 | List of appointments made by the Council (April, May and June 2007) (social field) | 5 |
| | Commission |
| 2007/C 173/04 | Euro exchange rates | 7 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Council

2007/C 173/03

List of appointments made by the Council (April, May and June 2007) (social field)

5

Commission

2007/C 173/04

Euro exchange rates

7

| | V   Announcements |
| --- | --- |
| | OTHER ACTS |
| | Commission |
| 2007/C 173/05 | Notification pursuant to Article 95, paragraph 5 of the EC Treaty — Polish draft Act on Genetically Modified Organisms, including derogations from the provisions of Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms (
  1
  ) | 8 |

V   Announcements

OTHER ACTS

Commission

2007/C 173/05

Notification pursuant to Article 95, paragraph 5 of the EC Treaty — Polish draft Act on Genetically Modified Organisms, including derogations from the provisions of Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms (
  1
  )

1

8

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

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 26.7.2007 | EN | Official Journal of the European Union | C 173/1 |
| --- | --- | --- | --- |

26.7.2007

EN

Official Journal of the European Union

C 173/1

---

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

(2007/C 173/01)

| Date of adoption of the decision | 16.5.2007 |
| --- | --- |
| Reference number of the aid | N 187/07 |
| Member State | Sweden |
| Region | Norra Sverige |
| Title (and/or name of the beneficiary) | Ändring av den regionalt differentierade energiskatten på el för servicesektorn |
| Legal basis | Lagen (1994:1776) om skatt på energi (11 kap. 3 och 4 §§) |
| Type of measure | Aid scheme |
| Objective | Environmental protection |
| Form of aid | Tax rate reduction |
| Budget | Overall budget: SEK 990 million |
| Intensity | 44 % |
| Duration | 1.1.2008-31.12.2011 |
| Economic sectors | Service activities |
| Name and address of the granting authority | Skatteverket S-171 94 Solna |
| Other information | — |

Date of adoption of the decision

16.5.2007

Reference number of the aid

N 187/07

Member State

Sweden

Region

Norra Sverige

Title (and/or name of the beneficiary)

Ändring av den regionalt differentierade energiskatten på el för servicesektorn

Legal basis

Lagen (1994:1776) om skatt på energi (11 kap. 3 och 4 §§)

Type of measure

Aid scheme

Objective

Environmental protection

Form of aid

Tax rate reduction

Budget

Overall budget: SEK 990 million

Intensity

44 %

Duration

1.1.2008-31.12.2011

Economic sectors

Service activities

Name and address of the granting authority

Skatteverket S-171 94 Solna

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

| Date of adoption of the decision | 27.6.2007 |
| --- | --- |
| Reference number of the aid | N 257/07 |
| Member State | Spain |
| Region | País Vasco |
| Title (and/or name of the beneficiary) | Programa de ayudas destinadas a la promoción de la producción teatral en la Comunidad Autónoma del País Vasco |
| Legal basis | Orden de 28 de marzo de 2007, de la Consejera de Cultura de la Comunidad Autónoma del País Vasco, por la que se regula el régimen de concesión de subvenciones a la producción teatral |
| Type of measure | Measure does not constitute aid |
| Objective | Culture |
| Form of aid | Measure does not constitute aid |
| Budget | — |
| Intensity | — |
| Duration | Until 31.12.2007 |
| Economic sectors | — |
| Name and address of the granting authority | Dirección de Promoción de la Cultura, Departamento de Cultura, Gobierno Vasco |
| C/ Donosita-San Sebastián, 1 |
| E-01010 Vitoria-Gasteiz |

Date of adoption of the decision

27.6.2007

Reference number of the aid

N 257/07

Member State

Spain

Region

País Vasco

Title (and/or name of the beneficiary)

Programa de ayudas destinadas a la promoción de la producción teatral en la Comunidad Autónoma del País Vasco

Legal basis

Orden de 28 de marzo de 2007, de la Consejera de Cultura de la Comunidad Autónoma del País Vasco, por la que se regula el régimen de concesión de subvenciones a la producción teatral

Type of measure

Measure does not constitute aid

Objective

Culture

Form of aid

Measure does not constitute aid

Budget

—

Intensity

—

Duration

Until 31.12.2007

Economic sectors

—

Name and address of the granting authority

Dirección de Promoción de la Cultura, Departamento de Cultura, Gobierno Vasco

C/ Donosita-San Sebastián, 1

E-01010 Vitoria-Gasteiz

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

---

III Preparatory Acts

Member States' initiatives

| 26.7.2007 | EN | Official Journal of the European Union | C 173/3 |
| --- | --- | --- | --- |

26.7.2007

EN

Official Journal of the European Union

C 173/3

---

Initiative of the Federal Republic of Germany with a view to the adoption of a Council Decision on a contact-point network against corruption

(2007/C 173/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29, Article 30(1), Article 31 and Article 34(2)(c) thereof,

Having regard to the Opinion of the European Parliament (1),

Whereas:

| (1) | Article 29 of the Treaty states that the objective of the Union to provide citizens with a high level of safety within an area of freedom, security and justice is to be achieved by preventing and combating crime, organised or otherwise, including corruption and fraud. |
| --- | --- |

(1)

Article 29 of the Treaty states that the objective of the Union to provide citizens with a high level of safety within an area of freedom, security and justice is to be achieved by preventing and combating crime, organised or otherwise, including corruption and fraud.

| (2) | The European Union strategy for the beginning of the new millennium on the prevention and control of organised crime emphasises the need to develop a comprehensive EU policy against corruption. |
| --- | --- |

(2)

The European Union strategy for the beginning of the new millennium on the prevention and control of organised crime emphasises the need to develop a comprehensive EU policy against corruption.

| (3) | In its Resolution of 14 April 2005 concerning a comprehensive EU policy against corruption, which refers to the communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee of 28 May 2003 on a Comprehensive EU Policy against Corruption, the Council reaffirms the importance of the role and work of the Member States in developing a comprehensive, multi-faceted policy against corruption in both the public and private sectors, in partnership with all relevant players from civil society and business alike. |
| --- | --- |

(3)

In its Resolution of 14 April 2005 concerning a comprehensive EU policy against corruption, which refers to the communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee of 28 May 2003 on a Comprehensive EU Policy against Corruption, the Council reaffirms the importance of the role and work of the Member States in developing a comprehensive, multi-faceted policy against corruption in both the public and private sectors, in partnership with all relevant players from civil society and business alike.

| (4) | The European Council welcomed the development in the Hague Programme (2) (point 2.7) of a strategic concept with regard to cross-border organised crime and corruption at EU level and asked the Council and the Commission to develop this concept further and make it operational. |
| --- | --- |

(4)

The European Council welcomed the development in the Hague Programme (2) (point 2.7) of a strategic concept with regard to cross-border organised crime and corruption at EU level and asked the Council and the Commission to develop this concept further and make it operational.

| (5) | The heads and key representatives of EU Member States' national police monitoring and inspection bodies and those of their anti-corruption agencies with a wider remit met in November 2004 in Vienna at the AGIS conference on the Enhancement of Operational Cooperation in Fighting Corruption in the European Union. They emphasised the importance of further enhancing their cooperation, inter alia through annual meetings, and welcomed the idea of a European anti-corruption network based upon existing structures. In the wake of the Vienna conference these European Partners Against Corruption (EPAC) met in Budapest in November 2006 for their sixth annual meeting, where with an overwhelming majority, they confirmed their commitment to supporting the initiative on setting up a more formal anti-corruption network. |
| --- | --- |

(5)

The heads and key representatives of EU Member States' national police monitoring and inspection bodies and those of their anti-corruption agencies with a wider remit met in November 2004 in Vienna at the AGIS conference on the Enhancement of Operational Cooperation in Fighting Corruption in the European Union. They emphasised the importance of further enhancing their cooperation, inter alia through annual meetings, and welcomed the idea of a European anti-corruption network based upon existing structures. In the wake of the Vienna conference these European Partners Against Corruption (EPAC) met in Budapest in November 2006 for their sixth annual meeting, where with an overwhelming majority, they confirmed their commitment to supporting the initiative on setting up a more formal anti-corruption network.

| (6) | In order to build upon existing structures, the authorities and agencies to form part of the European anti-corruption network could include EPAC member organisations. |
| --- | --- |

(6)

In order to build upon existing structures, the authorities and agencies to form part of the European anti-corruption network could include EPAC member organisations.

| (7) | The enhancement of international cooperation is generally (3) recognised as a key issue in the fight against corruption. The fight against all forms of corruption should be improved by cooperating effectively, identifying opportunities, sharing good practices and developing high professional standards. The establishment of a anti-corruption network at EU level is an important contribution to the improvement of such cooperation, |
| --- | --- |

(7)

The enhancement of international cooperation is generally (3) recognised as a key issue in the fight against corruption. The fight against all forms of corruption should be improved by cooperating effectively, identifying opportunities, sharing good practices and developing high professional standards. The establishment of a anti-corruption network at EU level is an important contribution to the improvement of such cooperation,

HAS DECIDED AS FOLLOWS:

Article 1

Objective

In order to improve cooperation between authorities and agencies to prevent and combat corruption in Europe a network of contact points of the Member States of the European Union shall be set up (hereinafter referred to as the ‘network’). The European Commission, Europol and Eurojust shall be fully associated with the activities of the Network.

Article 2

Composition of the network

The network shall consist of authorities and agencies of the Member States of the European Union charged with preventing or combating corruption. The members shall be designated by the Member States. The Member States shall each designate at least one, but not more than three organisations. The European Commission shall designate its representatives. Within their respective competencies, Europol and Eurojust may participate in the activities of the Network.

Article 3

Tasks of the network

1.   The network shall in particular have the following tasks:

| (1) | it shall constitute a forum for the exchange throughout the EU of information on effective measures and experience in the prevention and combating of corruption; |
| --- | --- |

(1)

it shall constitute a forum for the exchange throughout the EU of information on effective measures and experience in the prevention and combating of corruption;

| (2) | it shall facilitate the establishment and active maintenance of contacts between its members. |
| --- | --- |

(2)

it shall facilitate the establishment and active maintenance of contacts between its members.

To these ends, inter alia, a list of contact points shall be kept up-to-date and a website operated.

2.   The members of the network shall, for the accomplishment of their tasks, meet as often as necessary, but at least once a year.

Article 4

Scope

Police and judicial cooperation between the Member States shall be governed by the relevant rules. The setting up of the network shall be without prejudice to such rules, and without prejudice to the role of CEPOL.

Article 5

Organisation of the network

1.   The network shall organise itself, building upon existing informal collaboration between the EPAC.

2.   The Member States and the European Commission shall bear all expenses of the members or representatives designated by them. The same rule shall apply to Europol and Eurojust.

Article 6

Entry into force

This Decision shall take effect on the day following that of its adoption.

Done at Brussels, ...

For the Council

The President

...

---

(1)  OJ ...

1

(2)  The Hague Programme in strengthening freedom, security and justice in the European Union (OJ C 53, 3.3.2005, p. 1).

2

(3)  United Nations Convention against Corruption, adopted by General Assembly; Resolution 58/4 of 31 October 2003.

3

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Council

| 26.7.2007 | EN | Official Journal of the European Union | C 173/5 |
| --- | --- | --- | --- |

26.7.2007

EN

Official Journal of the European Union

C 173/5

---

List of appointments made by the Council

(April, May and June 2007) (social field)

(2007/C 173/03)

| Committee | End of term of office | Publication in OJ | Person replaced | Resignation/Appointment | Member/Alternate | Category | Country | Person appointed | Affiliation | Date of Council Decision |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Advisory Committee on Freedom of Movement for Workers | 13.9.2008 | C 242, 7.10.2006 | Mr Andreas KARIDIS | Resignation | Member | Government | Greece | Ms Polixeni EDREMITI-MALAKASI | Ministry of Employment | 7.5.2007 |
| Advisory Committee on Freedom of Movement for Workers | 13.9.2008 | C 242, 7.10.2006 | Mr Tomáš ŠEFRANKO | Resignation | Member | Government | Slovakia | Mr Michal IŠTVÁN | Ministry of Labour, Social Affairs and Family | 16.5.2007 |
| Advisory Committee on Freedom of Movement for Workers | 13.9.2008 | C 242, 7.10.2006 | Ms Zora BAROCHOVÁ | Resignation | Alternate | Government | Slovakia | Mr Juraj DŽUPA | Ministry of Labour, Social Affairs and Family | 16.5.2007 |
| Advisory Committee on Freedom of Movement for Workers | 13.9.2008 | C 242, 7.10.2006 | Mr Tom MORAN | Resignation | Member | Employers | United Kingdom | Mr Neil CARBERRY | Ministry of Employment | 16.5.2007 |
| Advisory Committee on Social Security for Migrant Workers | 21.3.2009 | C 92, 27.4.2007 | Ms Celien VANMOERKERKE | Resignation | Member | Workers | Belgium | Ms Estelle CEULEMANS | — | 25.5.2007 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 18.10.2007 | C 317, 22.12.2004 | Ms Daiga ERMSONE | Resignation | Alternate | Employers | Latvia | Ms Kristīne DOLGIHA | Latvian Employers' Confederation | 16.4.2007 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 18.10.2007 | C 317, 22.12.2004 | Mr Liam DOHERTY | Resignation | Member | Employers | Ireland | Mr Brendan McGINTY | IBEC | 16.5.2007 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 18.10.2007 | C 317, 22.12.2004 | Mr Tom MORAN | Resignation | Member | Employers | United Kingdom | Ms Marion SEGURET | CBI | 16.5.2007 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 18.10.2007 | C 317, 22.12.2004 | Mr Neil BENTLEY | Resignation | Alternate | Employers | United Kingdom | Mr Neil CARBERRY | CBI | 16.5.2007 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 18.10.2007 | C 317, 22.12.2004 | Ms Mireille JARRY | Resignation | Member | Government | France | Mr Joël BLONDEL | Ministère du Travail, des relations sociales et de la solidarité | 25.6.2007 |
| Governing Board of the European Foundation for the Improvement of Living and Working Conditions | 18.10.2007 | C 317, 22.12.2004 | Mr Robert PICCOLI | Resignation | Alternate | Government | France | Ms Mireille JARRY | Ministère du Travail, des relations sociales et de la solidarité | 25.6.2007 |

Committee

End of term of office

Publication in OJ

Person replaced

Resignation/Appointment

Member/Alternate

Category

Country

Person appointed

Affiliation

Date of Council Decision

Advisory Committee on Freedom of Movement for Workers

13.9.2008

C 242, 7.10.2006

Mr Andreas KARIDIS

Resignation

Member

Government

Greece

Ms Polixeni EDREMITI-MALAKASI

Ministry of Employment

7.5.2007

Advisory Committee on Freedom of Movement for Workers

13.9.2008

C 242, 7.10.2006

Mr Tomáš ŠEFRANKO

Resignation

Member

Government

Slovakia

Mr Michal IŠTVÁN

Ministry of Labour, Social Affairs and Family

16.5.2007

Advisory Committee on Freedom of Movement for Workers

13.9.2008

C 242, 7.10.2006

Ms Zora BAROCHOVÁ

Resignation

Alternate

Government

Slovakia

Mr Juraj DŽUPA

Ministry of Labour, Social Affairs and Family

16.5.2007

Advisory Committee on Freedom of Movement for Workers

13.9.2008

C 242, 7.10.2006

Mr Tom MORAN

Resignation

Member

Employers

United Kingdom

Mr Neil CARBERRY

Ministry of Employment

16.5.2007

Advisory Committee on Social Security for Migrant Workers

21.3.2009

C 92, 27.4.2007

Ms Celien VANMOERKERKE

Resignation

Member

Workers

Belgium

Ms Estelle CEULEMANS

—

25.5.2007

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

18.10.2007

C 317, 22.12.2004

Ms Daiga ERMSONE

Resignation

Alternate

Employers

Latvia

Ms Kristīne DOLGIHA

Latvian Employers' Confederation

16.4.2007

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

18.10.2007

C 317, 22.12.2004

Mr Liam DOHERTY

Resignation

Member

Employers

Ireland

Mr Brendan McGINTY

IBEC

16.5.2007

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

18.10.2007

C 317, 22.12.2004

Mr Tom MORAN

Resignation

Member

Employers

United Kingdom

Ms Marion SEGURET

CBI

16.5.2007

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

18.10.2007

C 317, 22.12.2004

Mr Neil BENTLEY

Resignation

Alternate

Employers

United Kingdom

Mr Neil CARBERRY

CBI

16.5.2007

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

18.10.2007

C 317, 22.12.2004

Ms Mireille JARRY

Resignation

Member

Government

France

Mr Joël BLONDEL

Ministère du Travail, des relations sociales et de la solidarité

25.6.2007

Governing Board of the European Foundation for the Improvement of Living and Working Conditions

18.10.2007

C 317, 22.12.2004

Mr Robert PICCOLI

Resignation

Alternate

Government

France

Ms Mireille JARRY

Ministère du Travail, des relations sociales et de la solidarité

25.6.2007

---

Commission

| 26.7.2007 | EN | Official Journal of the European Union | C 173/7 |
| --- | --- | --- | --- |

26.7.2007

EN

Official Journal of the European Union

C 173/7

---

Euro exchange rates (1)

25 July 2007

(2007/C 173/04)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3743 |
| JPY | Japanese yen | 165,55 |
| DKK | Danish krone | 7,441 |
| GBP | Pound sterling | 0,66905 |
| SEK | Swedish krona | 9,2103 |
| CHF | Swiss franc | 1,666 |
| ISK | Iceland króna | 82,2 |
| NOK | Norwegian krone | 7,951 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5842 |
| CZK | Czech koruna | 28,121 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 246,46 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6966 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,7857 |
| RON | Romanian leu | 3,1283 |
| SKK | Slovak koruna | 33,188 |
| TRY | Turkish lira | 1,71 |
| AUD | Australian dollar | 1,5536 |
| CAD | Canadian dollar | 1,4276 |
| HKD | Hong Kong dollar | 10,7522 |
| NZD | New Zealand dollar | 1,7072 |
| SGD | Singapore dollar | 2,074 |
| KRW | South Korean won | 1 256,04 |
| ZAR | South African rand | 9,385 |
| CNY | Chinese yuan renminbi | 10,3871 |
| HRK | Croatian kuna | 7,2904 |
| IDR | Indonesian rupiah | 12 513 |
| MYR | Malaysian ringgit | 4,7049 |
| PHP | Philippine peso | 61,912 |
| RUB | Russian rouble | 35,006 |
| THB | Thai baht | 41,195 |

Currency

Exchange rate

USD

US dollar

1,3743

JPY

Japanese yen

165,55

DKK

Danish krone

7,441

GBP

Pound sterling

0,66905

SEK

Swedish krona

9,2103

CHF

Swiss franc

1,666

ISK

Iceland króna

82,2

NOK

Norwegian krone

7,951

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5842

CZK

Czech koruna

28,121

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

246,46

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6966

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,7857

RON

Romanian leu

3,1283

SKK

Slovak koruna

33,188

TRY

Turkish lira

1,71

AUD

Australian dollar

1,5536

CAD

Canadian dollar

1,4276

HKD

Hong Kong dollar

10,7522

NZD

New Zealand dollar

1,7072

SGD

Singapore dollar

2,074

KRW

South Korean won

1 256,04

ZAR

South African rand

9,385

CNY

Chinese yuan renminbi

10,3871

HRK

Croatian kuna

7,2904

IDR

Indonesian rupiah

12 513

MYR

Malaysian ringgit

4,7049

PHP

Philippine peso

61,912

RUB

Russian rouble

35,006

THB

Thai baht

41,195

---

(1)

Source: reference exchange rate published by the ECB.

---

V Announcements

OTHER ACTS

Commission

| 26.7.2007 | EN | Official Journal of the European Union | C 173/8 |
| --- | --- | --- | --- |

26.7.2007

EN

Official Journal of the European Union

C 173/8

---

Notification pursuant to Article 95, paragraph 5 of the EC Treaty

Polish draft Act on Genetically Modified Organisms, including derogations from the provisions of Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms

(Text with EEA relevance)

(2007/C 173/05)

| 1. | On 13 April 2007, Poland notified the Commission, on the basis of Article 95(5) of the EC Treaty, of Articles 111 and 172 of a draft act entitled ‘Law on Genetically Modified Organisms’, containing national provisions derogating from Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 concerning the deliberate release into the environment of genetically modified organisms (1). |
| --- | --- |

1.

On 13 April 2007, Poland notified the Commission, on the basis of Article 95(5) of the EC Treaty, of Articles 111 and 172 of a draft act entitled ‘Law on Genetically Modified Organisms’, containing national provisions derogating from Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 concerning the deliberate release into the environment of genetically modified organisms (1).

| 2. | The draft act aims at regulating in a comprehensive manner activities related to GMOs. Its objective is to implement Council Directive 90/219/EEC of 23 April 1990 on the contained use of GMOs (2) and Directive 2001/18/EC on the deliberate release into the environment of GMOs. In addition, it sets requirements for the cultivation of GM crops and their co-existence with conventional and organic farming. |
| --- | --- |

2.

The draft act aims at regulating in a comprehensive manner activities related to GMOs. Its objective is to implement Council Directive 90/219/EEC of 23 April 1990 on the contained use of GMOs (2) and Directive 2001/18/EC on the deliberate release into the environment of GMOs. In addition, it sets requirements for the cultivation of GM crops and their co-existence with conventional and organic farming.

| 3. | Article 95(5) of EC Treaty stipulates that:
  ‘Moreover, without prejudice to paragraph 4, if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to introduce national provisions based on new scientific evidence relating to the protection of the environment or the working environment on grounds of a problem specific to that Member State arising after the adoption of the harmonisation measure, it shall notify the Commission of the envisaged provisions as well as the grounds for introducing them.’
  According to Article 95(6), the Commission shall, within six months of the notification, approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction to trade between Member States and whether or not they constitute an obstacle to the functioning of the internal market. |
| --- | --- |

3.

Article 95(5) of EC Treaty stipulates that:

‘Moreover, without prejudice to paragraph 4, if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to introduce national provisions based on new scientific evidence relating to the protection of the environment or the working environment on grounds of a problem specific to that Member State arising after the adoption of the harmonisation measure, it shall notify the Commission of the envisaged provisions as well as the grounds for introducing them.’

According to Article 95(6), the Commission shall, within six months of the notification, approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction to trade between Member States and whether or not they constitute an obstacle to the functioning of the internal market.

| 4. | Article 111(2), points 5 and 6 of the Polish draft act require that an application for a deliberate release is accompanied by:






  (a) | a certificate issued by the district or town mayor to the effect that provision has been made in the local spatial development plan for the possibility of introducing a GMO into the environment, taking into account the need to protect the local natural environment and the cultural landscape of the area in question; and |
| --- | --- | --- |

4.

Article 111(2), points 5 and 6 of the Polish draft act require that an application for a deliberate release is accompanied by:

(a)

a certificate issued by the district or town mayor to the effect that provision has been made in the local spatial development plan for the possibility of introducing a GMO into the environment, taking into account the need to protect the local natural environment and the cultural landscape of the area in question; and

| (b) | written declarations from the holders of farms neighbouring the location of the deliberate release that they do not object to the release. |
| --- | --- |

(b)

written declarations from the holders of farms neighbouring the location of the deliberate release that they do not object to the release.

| 5. | According to Article 172, paragraph 1, of the Polish draft act, it shall be prohibited to cultivate genetically modified plants subject to the provisions of paragraph 2 of Article 172. Paragraph 2 of this article provides that upon request of an interested party, the minister for agriculture may issue a decision concerning the establishment of a zone for growing GMOs after consultation with the minister for environment and the council of the district authority (gmina) in the territory of which the GMOs are intended to be grown. |
| --- | --- |

5.

According to Article 172, paragraph 1, of the Polish draft act, it shall be prohibited to cultivate genetically modified plants subject to the provisions of paragraph 2 of Article 172. Paragraph 2 of this article provides that upon request of an interested party, the minister for agriculture may issue a decision concerning the establishment of a zone for growing GMOs after consultation with the minister for environment and the council of the district authority (gmina) in the territory of which the GMOs are intended to be grown.

| 6. | The notified provisions aim at introducing a general prohibition regarding the cultivation of GMOs with the possibility of obtaining an authorisation on a case-by-case basis. These provisions establish an additional authorisation procedure by the Polish authorities and make the cultivation of GMOs subject to neighbouring farmers' consent. |
| --- | --- |

6.

The notified provisions aim at introducing a general prohibition regarding the cultivation of GMOs with the possibility of obtaining an authorisation on a case-by-case basis. These provisions establish an additional authorisation procedure by the Polish authorities and make the cultivation of GMOs subject to neighbouring farmers' consent.

| 7. | As such, these provisions constitute derogations from the provisions set out in Directive 2001/18/EC, particularly with regard to Article 22 which stipulates that ‘Member States may not prohibit, restrict or impede the placing on the market of GMOs, as or in products, which comply with the requirements of this Directive’, and Article 19, according to which ‘only if a written consent has been given for the placing on the market of GMO as or in a product may that product be used without further notification throughout the Community in so far as the specific conditions of use and the environments and/or geographical areas stipulated in these conditions are strictly adhered to’. |
| --- | --- |

7.

As such, these provisions constitute derogations from the provisions set out in Directive 2001/18/EC, particularly with regard to Article 22 which stipulates that ‘Member States may not prohibit, restrict or impede the placing on the market of GMOs, as or in products, which comply with the requirements of this Directive’, and Article 19, according to which ‘only if a written consent has been given for the placing on the market of GMO as or in a product may that product be used without further notification throughout the Community in so far as the specific conditions of use and the environments and/or geographical areas stipulated in these conditions are strictly adhered to’.

| 8. | Poland argues that:






  (a) | deliberate release of GMOs requires special safety measures in accordance with the EU precautionary principle, in view of the richness of biodiversity in Poland and the need to prevent serious disturbances to the functioning of the environment; |
| --- | --- | --- |

8.

Poland argues that:

(a)

deliberate release of GMOs requires special safety measures in accordance with the EU precautionary principle, in view of the richness of biodiversity in Poland and the need to prevent serious disturbances to the functioning of the environment;

| (b) | the structure of Polish agriculture is among the most fragmented in the EU with almost 2 million farms with an average size of less than 8 hectares; |
| --- | --- |

(b)

the structure of Polish agriculture is among the most fragmented in the EU with almost 2 million farms with an average size of less than 8 hectares;

| (c) | domestic legislation concerning coexistence of three types of cultivations — GMOs, conventional and organic — does not exist, nor do regulations concerning the compensation for damage or loss of crops in case of uncontrolled cross-pollination. |
| --- | --- |

(c)

domestic legislation concerning coexistence of three types of cultivations — GMOs, conventional and organic — does not exist, nor do regulations concerning the compensation for damage or loss of crops in case of uncontrolled cross-pollination.

| 9. | The present notification will proceed taking due account of Directive 2001/18/EC on the deliberate release into the environment of GMOs and in accordance with Article 95(5) of the EC Treaty. The Commission has six months to examine the notified provisions derogating from Directive 2001/18/EC and may extend the period by a further period of up to six months if this is justified by the complexity of the facts of the case and no danger to human health exists. |
| --- | --- |

9.

The present notification will proceed taking due account of Directive 2001/18/EC on the deliberate release into the environment of GMOs and in accordance with Article 95(5) of the EC Treaty. The Commission has six months to examine the notified provisions derogating from Directive 2001/18/EC and may extend the period by a further period of up to six months if this is justified by the complexity of the facts of the case and no danger to human health exists.

| 10. | Any comment on the present notification shall be sent to the Commission within 30 days from the publication of this notice. Any comment submitted after these 30 days will not be taken into account. |
| --- | --- |

10.

Any comment on the present notification shall be sent to the Commission within 30 days from the publication of this notice. Any comment submitted after these 30 days will not be taken into account.

| 11. | Further details about the Polish notification can be obtained from:





  European Commission |
| --- | --- |
| General Directorate Environment |
| DG ENV. B.3 — Biotechnology, Pesticdes and Health |
| Mr Ioannis Karamitsios |
| Tel. (32-2) 298 30 89 |
| Electronic address: yannis.karamitsios@ec.europa.eu |

11.

Further details about the Polish notification can be obtained from:

European Commission

General Directorate Environment

DG ENV. B.3 — Biotechnology, Pesticdes and Health

Mr Ioannis Karamitsios

Tel. (32-2) 298 30 89

Electronic address: yannis.karamitsios@ec.europa.eu

---

(1)  OJ L 106, 17.4.2001, p. 1. Directive as last amended by Regulation (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).

(2)  OJ L 117, 8.5.1990, p. 1. Directive as last amended by Commission Decision 2005/174/EC (OJ L 59, 5.3.2005, p. 20).

---