# Official Journal L 235/2008

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 235 |
| | |
| English edition | Legislation | Volume 512 September 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 235

English edition

Legislation

Volume 512 September 2008

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Regulation (EC) No 856/2008 of 24 July 2008 amending Regulation (EC) No 1683/95 laying down a uniform format for visas as regards the numbering of visas | 1 |
| | | Commission Regulation (EC) No 857/2008 of 1 September 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables | 5 |
| | * | Commission Regulation (EC) No 858/2008 of 1 September 2008 amending Regulation (EC) No 967/2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota | 7 |

Contents

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

page

REGULATIONS

*

Council Regulation (EC) No 856/2008 of 24 July 2008 amending Regulation (EC) No 1683/95 laying down a uniform format for visas as regards the numbering of visas

1

Commission Regulation (EC) No 857/2008 of 1 September 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

5

*

Commission Regulation (EC) No 858/2008 of 1 September 2008 amending Regulation (EC) No 967/2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota

7

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2008/696/EC |
| | * | Commission Decision of 11 March 2008 amending the Commission Decision of 10 May 2007 on the measures C 1/06 (ex NN 103/05) implemented by Spain for Chupa Chups
  (notified under document number C(2008) 868)

   (
  1
  ) | 10 |
| | | 2008/697/EC |
| | * | Commission Decision of 16 April 2008 on State Aid C 13/07 (ex NN 15/06 and N 734/06) implemented by Italy for New Interline
  (notified under document number C(2008) 1321)

   (
  1
  ) | 12 |
| | | 2008/698/EC |
| | * | Commission Decision of 8 August 2008 on the temporary admission and imports into the Community of registered horses from South Africa
  (notified under document number C(2008) 4211)

   (
  1
  ) | 16 |

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

DECISIONS

Commission

2008/696/EC

*

Commission Decision of 11 March 2008 amending the Commission Decision of 10 May 2007 on the measures C 1/06 (ex NN 103/05) implemented by Spain for Chupa Chups
  (notified under document number C(2008) 868)

   (
  1
  )

(notified under document number C(2008) 868)

1

10

2008/697/EC

*

Commission Decision of 16 April 2008 on State Aid C 13/07 (ex NN 15/06 and N 734/06) implemented by Italy for New Interline
  (notified under document number C(2008) 1321)

   (
  1
  )

(notified under document number C(2008) 1321)

1

12

2008/698/EC

*

Commission Decision of 8 August 2008 on the temporary admission and imports into the Community of registered horses from South Africa
  (notified under document number C(2008) 4211)

   (
  1
  )

(notified under document number C(2008) 4211)

1

16

| | | |
| --- | --- | --- |
| | * | Note to the reader (see page 3 of the cover) | s3 |

*

Note to the reader (see page 3 of the cover)

Note to the reader

s3

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

---

(1)   Text with EEA relevance

1

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

EN

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

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

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

REGULATIONS

| 2.9.2008 | EN | Official Journal of the European Union | L 235/1 |
| --- | --- | --- | --- |

2.9.2008

EN

Official Journal of the European Union

L 235/1

---

COUNCIL REGULATION (EC) No 856/2008

of 24 July 2008

amending Regulation (EC) No 1683/95 laying down a uniform format for visas as regards the numbering of visas

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(b)(iii) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament,

Whereas:

| (1) | The current legal framework provided for in Council Regulation (EC) No 1683/95 (1) and the additional technical specifications, adopted by the Commission on 7 February 1996 and 27 December 2000, do not allow for reliable searches in the Visa Information System established under Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 on the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (2). |
| --- | --- |

(1)

The current legal framework provided for in Council Regulation (EC) No 1683/95 (1) and the additional technical specifications, adopted by the Commission on 7 February 1996 and 27 December 2000, do not allow for reliable searches in the Visa Information System established under Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 on the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (2).

| (2) | The numbering system in use does not allow in particular for sufficient characters to be indicated on the visas issued by Member States with large numbers of applications. |
| --- | --- |

(2)

The numbering system in use does not allow in particular for sufficient characters to be indicated on the visas issued by Member States with large numbers of applications.

| (3) | A consistent and unique visa sticker numbering system is therefore essential for the verification in the VIS. |
| --- | --- |

(3)

A consistent and unique visa sticker numbering system is therefore essential for the verification in the VIS.

| (4) | Regulation (EC) No 1683/95 should be amended accordingly. |
| --- | --- |

(4)

Regulation (EC) No 1683/95 should be amended accordingly.

| (5) | As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis
   (3) which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC (4) on certain arrangements for the application of that Agreement. |
| --- | --- |

(5)

As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis
   (3) which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC (4) on certain arrangements for the application of that Agreement.

| (6) | As regards Switzerland, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point A of Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decisions 2004/849/EC (5) and 2004/860/EC (6). |
| --- | --- |

(6)

As regards Switzerland, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point A of Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decisions 2004/849/EC (5) and 2004/860/EC (6).

| (7) | As regards Liechtenstein, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Protocol signed between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point A of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/261/EC (7). |
| --- | --- |

(7)

As regards Liechtenstein, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Protocol signed between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point A of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/261/EC (7).

| (8) | In accordance with Article 1 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom and Ireland are not participating in the adoption of this Regulation. As a result, and without prejudice to Article 4 of the said Protocol, the provisions of this Regulation do not apply to the United Kingdom and Ireland, |
| --- | --- |

(8)

In accordance with Article 1 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom and Ireland are not participating in the adoption of this Regulation. As a result, and without prejudice to Article 4 of the said Protocol, the provisions of this Regulation do not apply to the United Kingdom and Ireland,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1683/95 is hereby amended as follows:

| 1. | in Article 2, the following paragraph shall be added:
  ‘3.   In accordance with the procedure referred to in Article 6(2), it may be decided that the specifications referred to in Article 2 shall be secret and not be published. In that case they shall be made available only to the bodies designated by the Member States as responsible for the printing and to persons duly authorised by a Member State or the Commission.’; |
| --- | --- |

1.

in Article 2, the following paragraph shall be added:

‘3.   In accordance with the procedure referred to in Article 6(2), it may be decided that the specifications referred to in Article 2 shall be secret and not be published. In that case they shall be made available only to the bodies designated by the Member States as responsible for the printing and to persons duly authorised by a Member State or the Commission.’;

| 2. | in Article 3, paragraph 1 shall be deleted; |
| --- | --- |

2.

in Article 3, paragraph 1 shall be deleted;

| 3. | the Annex shall be replaced by the Annex to this Regulation. |
| --- | --- |

3.

the Annex shall be 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.

Member States shall apply this Regulation at the latest on 1 May 2009. Member States may use up their remaining stocks in consular offices not connected to the Visa Information System (VIS).

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.

Done at Brussels, 24 July 2008.

For the Council

The President

B. HORTEFEUX

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(1)  OJ L 164, 14.7.1995, p. 1.

1

(2)  OJ L 218, 13.8.2008, p. 60.

2

(3)  OJ L 176, 10.7.1999, p. 36.

3

(4)  OJ L 176, 10.7.1999, p. 31.

4

(5)  OJ L 368, 15.12.2004, p. 26.

5

(6)  OJ L 370, 17.12.2004, p. 78.

6

(7)  OJ L 83, 26.3.2008, p. 3.

7

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ANNEX

The following model is to be inserted:

Image

Security features

| 1. | An integrated photograph produced to high security standards. |
| --- | --- |

1.

An integrated photograph produced to high security standards.

| 2. | An optically variable mark (‘kinegram’ or equivalent) shall appear in this space. Depending on the angle of view, 12 stars, the letter ‘E’ and a globe become visible in various sizes and colors. |
| --- | --- |

2.

An optically variable mark (‘kinegram’ or equivalent) shall appear in this space. Depending on the angle of view, 12 stars, the letter ‘E’ and a globe become visible in various sizes and colors.

| 3. | The logo consisting of a letter or letters indicating the issuing Member State (or ‘BNL’ in the case of the Benelux countries, namely Belgium, Luxembourg and the Netherlands) with a latent image effect shall appear in this space. This logo shall appear light when held flat and dark when turned by 90°. The following logos shall be used: A for Austria, BG for Bulgaria, BNL for Benelux, CY for Cyprus, CZE for the Czech Republic, D for Germany, DK for Denmark, E for Spain, EST for Estonia, F for France, FIN for Finland, GR for Greece, H for Hungary, I for Italy, IRL for Ireland, LT for Lithuania, LVA for Latvia, M for Malta, P for Portugal, PL for Poland, ROU for Romania, S for Sweden, SK for Slovakia, SVN for Slovenia, UK for the United Kingdom. |
| --- | --- |

3.

The logo consisting of a letter or letters indicating the issuing Member State (or ‘BNL’ in the case of the Benelux countries, namely Belgium, Luxembourg and the Netherlands) with a latent image effect shall appear in this space. This logo shall appear light when held flat and dark when turned by 90°. The following logos shall be used: A for Austria, BG for Bulgaria, BNL for Benelux, CY for Cyprus, CZE for the Czech Republic, D for Germany, DK for Denmark, E for Spain, EST for Estonia, F for France, FIN for Finland, GR for Greece, H for Hungary, I for Italy, IRL for Ireland, LT for Lithuania, LVA for Latvia, M for Malta, P for Portugal, PL for Poland, ROU for Romania, S for Sweden, SK for Slovakia, SVN for Slovenia, UK for the United Kingdom.

| 4. | The word ‘visa’ in capital letters shall appear in the middle of this space in optically variable coloring. Depending on the angle of view, it shall appear green or red. |
| --- | --- |

4.

The word ‘visa’ in capital letters shall appear in the middle of this space in optically variable coloring. Depending on the angle of view, it shall appear green or red.

| 5. | This box shall contain the 9-digit national number of the visa sticker, which shall be pre-printed. A special type shall be used. |
| --- | --- |

5.

This box shall contain the 9-digit national number of the visa sticker, which shall be pre-printed. A special type shall be used.

| 5a. | This box shall contain the three-letter country code as set out in ICAO Document 9303 on machine-readable travel documents (1), indicating the issuing Member State.
  The ‘number of the visa sticker’ is the three-letter country code as set out in box 5a and the national number as referred to in box 5. |
| --- | --- |

5a.

This box shall contain the three-letter country code as set out in ICAO Document 9303 on machine-readable travel documents (1), indicating the issuing Member State.

The ‘number of the visa sticker’ is the three-letter country code as set out in box 5a and the national number as referred to in box 5.

Sections to be completed

| 6. | This box shall begin with the words ‘valid for’. The issuing authority shall indicate the territory or territories for which the visa is valid. |
| --- | --- |

6.

This box shall begin with the words ‘valid for’. The issuing authority shall indicate the territory or territories for which the visa is valid.

| 7. | This box shall begin with the word ‘from’ and the word ‘until’ shall appear further along the line. The issuing authority shall indicate here the period of validity of the visa. |
| --- | --- |

7.

This box shall begin with the word ‘from’ and the word ‘until’ shall appear further along the line. The issuing authority shall indicate here the period of validity of the visa.

| 8. | This box shall begin with the words ‘type of visa’. The issuing authority shall indicate the category of visa in conformity with Articles 5 and 7 of this Regulation. Further along the line the words ‘number of entries’, ‘duration of stay’ (i.e. duration of applicant’s intended stay) and again ‘days’ shall appear. |
| --- | --- |

8.

This box shall begin with the words ‘type of visa’. The issuing authority shall indicate the category of visa in conformity with Articles 5 and 7 of this Regulation. Further along the line the words ‘number of entries’, ‘duration of stay’ (i.e. duration of applicant’s intended stay) and again ‘days’ shall appear.

| 9. | This box shall begin with the words ‘issued in’ and shall be used to indicate the place of issue. |
| --- | --- |

9.

This box shall begin with the words ‘issued in’ and shall be used to indicate the place of issue.

| 10. | This box shall begin with the word ‘on’ (after which the date of issue shall be filled in by the issuing authority) and further along the line the words ‘number of passport’ shall appear (after which the holder’s passport number shall appear). |
| --- | --- |

10.

This box shall begin with the word ‘on’ (after which the date of issue shall be filled in by the issuing authority) and further along the line the words ‘number of passport’ shall appear (after which the holder’s passport number shall appear).

| 11. | This box shall begin with the words ‘Surname, Name’. |
| --- | --- |

11.

This box shall begin with the words ‘Surname, Name’.

| 12. | This box shall begin with the word ‘remarks’. It shall be used by the issuing authority to indicate any further information which is considered necessary, provided that it complies with Article 4 of this Regulation. The following two and a half lines shall be left empty for such remarks. |
| --- | --- |

12.

This box shall begin with the word ‘remarks’. It shall be used by the issuing authority to indicate any further information which is considered necessary, provided that it complies with Article 4 of this Regulation. The following two and a half lines shall be left empty for such remarks.

| 13. | This box shall contain the relevant machine-readable information to facilitate external border controls. The machine-readable area shall contain a printed text in the background printing, indicating the Member State issuing the document. This text shall not affect the technical features of the machine-readable area or its ability to be read.
  The paper shall have a natural colouring with red and blue markings.
  The words designating the boxes shall appear in English and French. The issuing State may add a third official Community language. However, the word ‘visa’ in the top line may appear in any one official language of the Community. |
| --- | --- |

13.

This box shall contain the relevant machine-readable information to facilitate external border controls. The machine-readable area shall contain a printed text in the background printing, indicating the Member State issuing the document. This text shall not affect the technical features of the machine-readable area or its ability to be read.

The paper shall have a natural colouring with red and blue markings.

The words designating the boxes shall appear in English and French. The issuing State may add a third official Community language. However, the word ‘visa’ in the top line may appear in any one official language of the Community.

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(1)  Exception for Germany: ICAO document 9303 on machine-readable travel documents provides for Germany the country code ‘D’.

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| 2.9.2008 | EN | Official Journal of the European Union | L 235/5 |
| --- | --- | --- | --- |

2.9.2008

EN

Official Journal of the European Union

L 235/5

---

COMMISSION REGULATION (EC) No 857/2008

of 1 September 2008

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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 2 September 2008.

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

Done at Brussels, 1 September 2008.

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

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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 | MK | 23,3 |
| ZZ | 23,3 |
| 0707 00 05 | JO | 162,5 |
| MK | 21,6 |
| TR | 137,3 |
| ZZ | 107,1 |
| 0709 90 70 | TR | 118,5 |
| ZZ | 118,5 |
| 0805 50 10 | AR | 57,8 |
| CL | 65,6 |
| UY | 56,3 |
| ZA | 66,8 |
| ZZ | 61,6 |
| 0806 10 10 | EG | 190,0 |
| IL | 222,6 |
| TR | 128,0 |
| US | 188,9 |
| XS | 61,0 |
| ZZ | 158,1 |
| 0808 10 80 | AR | 89,1 |
| BR | 89,0 |
| CL | 88,8 |
| CN | 75,6 |
| NZ | 102,0 |
| US | 92,7 |
| ZA | 79,4 |
| ZZ | 88,1 |
| 0808 20 50 | AR | 123,5 |
| CN | 53,0 |
| TR | 140,8 |
| ZA | 88,6 |
| ZZ | 101,5 |
| 0809 30 | TR | 138,9 |
| US | 168,1 |
| ZZ | 153,5 |
| 0809 40 05 | IL | 129,9 |
| MK | 53,9 |
| TR | 107,3 |
| XS | 56,4 |
| ZZ | 86,9 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MK

23,3

ZZ

23,3

0707 00 05

JO

162,5

MK

21,6

TR

137,3

ZZ

107,1

0709 90 70

TR

118,5

ZZ

118,5

0805 50 10

AR

57,8

CL

65,6

UY

56,3

ZA

66,8

ZZ

61,6

0806 10 10

EG

190,0

IL

222,6

TR

128,0

US

188,9

XS

61,0

ZZ

158,1

0808 10 80

AR

89,1

BR

89,0

CL

88,8

CN

75,6

NZ

102,0

US

92,7

ZA

79,4

ZZ

88,1

0808 20 50

AR

123,5

CN

53,0

TR

140,8

ZA

88,6

ZZ

101,5

0809 30

TR

138,9

US

168,1

ZZ

153,5

0809 40 05

IL

129,9

MK

53,9

TR

107,3

XS

56,4

ZZ

86,9

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(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’.

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| 2.9.2008 | EN | Official Journal of the European Union | L 235/7 |
| --- | --- | --- | --- |

2.9.2008

EN

Official Journal of the European Union

L 235/7

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COMMISSION REGULATION (EC) No 858/2008

of 1 September 2008

amending Regulation (EC) No 967/2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the market in the sugar sector (1), and in particular Articles 13(2) and 40(1)(c) thereof,

Whereas:

| (1) | Article 10 of Commission Regulation (EC) No 967/2006 (2) lays down that Member States must make a series of communications to the Commission concerning the quantities of industrial raw material delivered for processing. In order to prevent those quantities being counted twice and to ensure that the rules are applied in a uniform manner in all the Member States concerned, detailed rules should be laid down for those communications. |
| --- | --- |

(1)

Article 10 of Commission Regulation (EC) No 967/2006 (2) lays down that Member States must make a series of communications to the Commission concerning the quantities of industrial raw material delivered for processing. In order to prevent those quantities being counted twice and to ensure that the rules are applied in a uniform manner in all the Member States concerned, detailed rules should be laid down for those communications.

| (2) | The combined nomenclature codes of the syrups for spreading and for the production of ‘Rinse appelstroop’ given in the Annex to Regulation (EC) No 967/2006 must be stated more precisely so as to ensure that point (a) of the second subparagraph of Article 13(2) of Regulation (EC) No 318/2006 concerning those products is applied correctly. |
| --- | --- |

(2)

The combined nomenclature codes of the syrups for spreading and for the production of ‘Rinse appelstroop’ given in the Annex to Regulation (EC) No 967/2006 must be stated more precisely so as to ensure that point (a) of the second subparagraph of Article 13(2) of Regulation (EC) No 318/2006 concerning those products is applied correctly.

| (3) | Experience gained since the implementation of the new provisions, following the sugar reform, concerning the use of industrial sugar by the chemical and pharmaceutical industries shows the need to add hair-removal waxes falling within CN code 3307 90 00 and fabric softeners falling within CN code 3809 91 00 to the list of products given in the Annex to Regulation (EC) No 967/2006. |
| --- | --- |

(3)

Experience gained since the implementation of the new provisions, following the sugar reform, concerning the use of industrial sugar by the chemical and pharmaceutical industries shows the need to add hair-removal waxes falling within CN code 3307 90 00 and fabric softeners falling within CN code 3809 91 00 to the list of products given in the Annex to Regulation (EC) No 967/2006.

| (4) | Regulation (EC) No 967/2006 should therefore be amended. |
| --- | --- |

(4)

Regulation (EC) No 967/2006 should therefore be amended.

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

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 967/2006 is amended as follows:

| 1. | Article 10 is replaced by the following:
  ‘Article 10
  Communications from the Member States
  Each Member State shall inform the Commission:






  (a) | by the end of May, of the quantity of industrial raw material delivered between the previous 1 October and 31 March by the manufacturers it has approved; |
| --- | --- | --- |

1.

Article 10 is replaced by the following:

‘Article 10

Communications from the Member States

Each Member State shall inform the Commission:

(a)

by the end of May, of the quantity of industrial raw material delivered between the previous 1 October and 31 March by the manufacturers it has approved;

| (b) | by the end of November for the previous marketing year:






  — | of the quantity of industrial raw material delivered by the manufacturers it has approved, broken down into white sugar, raw sugar, sugar syrup and isoglucose, |
| --- | --- | --- |

(b)

by the end of November for the previous marketing year:

—

of the quantity of industrial raw material delivered by the manufacturers it has approved, broken down into white sugar, raw sugar, sugar syrup and isoglucose,

| — | the quantity of industrial raw material for which the processors it has approved have supplied the proof referred to in Article 9(2), broken down into white sugar, raw sugar, sugar syrup and isoglucose, on the one hand, and into the products referred to in the Annex, on the other, |
| --- | --- |

—

the quantity of industrial raw material for which the processors it has approved have supplied the proof referred to in Article 9(2), broken down into white sugar, raw sugar, sugar syrup and isoglucose, on the one hand, and into the products referred to in the Annex, on the other,

| — | the quantity of sugar delivered pursuant to Article 7(3) by the manufacturers it has approved.’ |
| --- | --- |

—

the quantity of sugar delivered pursuant to Article 7(3) by the manufacturers it has approved.’

| 2. | The Annex is replaced by the Annex hereto. |
| --- | --- |

2.

The Annex is replaced by the Annex hereto.

Article 2

This Regulation shall enter into force on the seventh 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, 1 September 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 58, 28.2.2006, p. 1. Regulation (EC) No 318/2006 is to be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 October 2008.

1

(2)  OJ L 176, 30.6.2006, p. 22.

2

---

ANNEX

‘ANNEX

| CN code | Description of goods |
| --- | --- |
| 1302 32 | – – Mucilages and thickeners, whether or not modified, derived from locust beans, locust bean seeds or guar seeds: |
| 1302 39 00 | – – Other |
| ex 1702 90 95
  ex 2106 90 59 | – – Syrups for spreading and for the production of “Rinse appelstroop”. |
| 2102 10 | – Active yeasts |
| ex 2102 20 | – – Inactive yeasts |
| 2207 10 00 | – Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher (bioethanol) |
| ex 2207 20 00 | – Ethyl alcohol, denatured, of any strength (bioethanol) |
| ex 2208 40 | – Rum |
| | Preparations of a kind used in animal feed: |
| ex 2309 90 | – Products with a dry matter content of not less than 60 % lysine |
| 29 | Organic chemical products excluding products of subheadings 2905 43 00 and 2905 44 |
| 3002 90 50 | – – Cultures of micro-organisms |
| 3003 | Medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale |
| 3004 | Medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale |
| 3006 | Pharmaceutical goods specified in note 4 to this Chapter |
| 3203 00 10 | – Colouring matter of vegetable origin and preparations based thereon |
| 3203 00 90 | – Colouring matter of animal origin and preparations based thereon |
| ex 3204 | – Synthetic organic colouring matter and preparations as specified in note 3 to this Chapter based thereon |
| ex 3307 90 00 | Hair-removal waxes |
| ex ex 35 | Albuminoidal substances; modified starches; glues; enzymes, excluding products falling within heading 3501 and subheadings 3505 10 10, 3505 10 90 and 3505 20 |
| ex ex 38 | Miscellaneous chemical products except those of headings 3809, other than fabric softeners falling within CN code ex 3809 91 00, and subheading 3824 60 |
| 3901 to 3914 | – Primary forms |
| ex 6809 | Articles of plaster or of compositions based on plaster:
  – boards, sheets, panels, tiles and similar articles’ |

CN code

Description of goods

1302 32

– – Mucilages and thickeners, whether or not modified, derived from locust beans, locust bean seeds or guar seeds:

1302 39 00

– – Other

ex 1702 90 95

ex 2106 90 59

– – Syrups for spreading and for the production of “Rinse appelstroop”.

2102 10

– Active yeasts

ex 2102 20

– – Inactive yeasts

2207 10 00

– Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher (bioethanol)

ex 2207 20 00

– Ethyl alcohol, denatured, of any strength (bioethanol)

ex 2208 40

– Rum

Preparations of a kind used in animal feed:

ex 2309 90

– Products with a dry matter content of not less than 60 % lysine

29

Organic chemical products excluding products of subheadings 2905 43 00 and 2905 44

3002 90 50

– – Cultures of micro-organisms

3003

Medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale

3004

Medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale

3006

Pharmaceutical goods specified in note 4 to this Chapter

3203 00 10

– Colouring matter of vegetable origin and preparations based thereon

3203 00 90

– Colouring matter of animal origin and preparations based thereon

ex 3204

– Synthetic organic colouring matter and preparations as specified in note 3 to this Chapter based thereon

ex 3307 90 00

Hair-removal waxes

ex ex 35

Albuminoidal substances; modified starches; glues; enzymes, excluding products falling within heading 3501 and subheadings 3505 10 10, 3505 10 90 and 3505 20

ex ex 38

Miscellaneous chemical products except those of headings 3809, other than fabric softeners falling within CN code ex 3809 91 00, and subheading 3824 60

3901 to 3914

– Primary forms

ex 6809

Articles of plaster or of compositions based on plaster:

– boards, sheets, panels, tiles and similar articles’

---

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

DECISIONS

Commission

| 2.9.2008 | EN | Official Journal of the European Union | L 235/10 |
| --- | --- | --- | --- |

2.9.2008

EN

Official Journal of the European Union

L 235/10

---

COMMISSION DECISION

of 11 March 2008

amending the Commission Decision of 10 May 2007 on the measures C 1/06 (ex NN 103/05) implemented by Spain for Chupa Chups

(notified under document number C(2008) 868)

(Only the Spanish text is authentic)

(Text with EEA relevance)

(2008/696/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,

Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,

Having regard to the Community Guidelines on State aid for rescuing and restructuring firms in difficulties (1),

Whereas:

| (1) | The Commission adopted a decision on 10 May 2007 on the measures C 1/06 (ex NN 103/05) implemented by Spain for Chupa Chups (2). |
| --- | --- |

(1)

The Commission adopted a decision on 10 May 2007 on the measures C 1/06 (ex NN 103/05) implemented by Spain for Chupa Chups (2).

| (2) | Following an appeal lodged by Chupa Chups S.A. (Chupa Chups) before the Court of First Instance of the European Communities against the decision in question, the Commission concluded that it had committed an error of assessment as regards one part of measure 4 (EUR 800 000 granted in 2003 under a regional aid scheme). |
| --- | --- |

(2)

Following an appeal lodged by Chupa Chups S.A. (Chupa Chups) before the Court of First Instance of the European Communities against the decision in question, the Commission concluded that it had committed an error of assessment as regards one part of measure 4 (EUR 800 000 granted in 2003 under a regional aid scheme).

| (3) | In point 43 of the contested decision, the Commission noted that it had been made clear that the regional aid scheme could not apply to companies in difficulties. Given the heavy losses incurred by Chupa Chups in 2002 (EUR 22 078 000, corresponding to 86,5 % of the subscribed capital at the end of the financial year) and the 2003 results, the Commission considered that Chupa Chups had to be regarded as a company in difficulties at the time the aid was granted. The Commission concluded that this part of the aid was thus incompatible with the common market and could therefore not be implemented. |
| --- | --- |

(3)

In point 43 of the contested decision, the Commission noted that it had been made clear that the regional aid scheme could not apply to companies in difficulties. Given the heavy losses incurred by Chupa Chups in 2002 (EUR 22 078 000, corresponding to 86,5 % of the subscribed capital at the end of the financial year) and the 2003 results, the Commission considered that Chupa Chups had to be regarded as a company in difficulties at the time the aid was granted. The Commission concluded that this part of the aid was thus incompatible with the common market and could therefore not be implemented.

| (4) | Concerning the EUR 800 000 of regional aid granted in 2003 under the ‘Minería 2’ programme, the Commission notes that this aid forms part of an approved aid scheme (3). Furthermore, contrary to its first assessment at the initiation of the formal investigation procedure, the Commission considers that Chupa Chups was eligible for this aid since, at the time the aid was granted, the company was not in difficulties (4). In particular:






  (a) | despite the heavy losses of EUR 22 078 000 incurred in 2002, at the end of that financial year Chupa Chups accounts still showed reserves of around EUR 59 930 000. Those reserves were sufficient to absorb all the losses, which therefore had no impact on the company’s subscribed capital of EUR 12 million. Moreover, after deduction of the 2002 losses, Chupa Chups still had equity of EUR 49 850 000; |
| --- | --- | --- |

(4)

Concerning the EUR 800 000 of regional aid granted in 2003 under the ‘Minería 2’ programme, the Commission notes that this aid forms part of an approved aid scheme (3). Furthermore, contrary to its first assessment at the initiation of the formal investigation procedure, the Commission considers that Chupa Chups was eligible for this aid since, at the time the aid was granted, the company was not in difficulties (4). In particular:

(a)

despite the heavy losses of EUR 22 078 000 incurred in 2002, at the end of that financial year Chupa Chups accounts still showed reserves of around EUR 59 930 000. Those reserves were sufficient to absorb all the losses, which therefore had no impact on the company’s subscribed capital of EUR 12 million. Moreover, after deduction of the 2002 losses, Chupa Chups still had equity of EUR 49 850 000;

| (b) | the Commission considers that many of the usual signs of a firm in difficulty, as described in point 6 of the guidelines, were not present in the period 2002-2003. In particular, the rate of losses diminished (5), as did debts (both long- and short-term) and stock inventories (6), whereas financial expenses remained stable; |
| --- | --- |

(b)

the Commission considers that many of the usual signs of a firm in difficulty, as described in point 6 of the guidelines, were not present in the period 2002-2003. In particular, the rate of losses diminished (5), as did debts (both long- and short-term) and stock inventories (6), whereas financial expenses remained stable;

| (c) | finally, Chupa Chups’ positive evolution since 2002-2003 has made it apparent that the company did not fall under the general criterion in point 4 of the guidelines, according to which a firm is to be regarded as being in difficulty ‘where it is unable, whether through its own resources or with the funds it is able to obtain from its owner/shareholders or creditors, to stem losses which, without outside intervention by the public authorities, will almost certainly condemn it to going out of business in the short or medium term’. |
| --- | --- |

(c)

finally, Chupa Chups’ positive evolution since 2002-2003 has made it apparent that the company did not fall under the general criterion in point 4 of the guidelines, according to which a firm is to be regarded as being in difficulty ‘where it is unable, whether through its own resources or with the funds it is able to obtain from its owner/shareholders or creditors, to stem losses which, without outside intervention by the public authorities, will almost certainly condemn it to going out of business in the short or medium term’.

The EUR 800 000 subsidy granted to Chupa Chups under this regional aid scheme must therefore be deemed to constitute compatible aid.

| (5) | In the appeal, it is argued that Chupa Chups was not a company in difficulties within the meaning of point 5(a) of the 1999 Community Guidelines on State aid for rescuing and restructuring firms in difficulty (7). In the Guidelines, a firm is regarded as being in difficulty where more than half of its registered capital has disappeared and more than one quarter of that capital has been lost over the preceding 12 months. |
| --- | --- |

(5)

In the appeal, it is argued that Chupa Chups was not a company in difficulties within the meaning of point 5(a) of the 1999 Community Guidelines on State aid for rescuing and restructuring firms in difficulty (7). In the Guidelines, a firm is regarded as being in difficulty where more than half of its registered capital has disappeared and more than one quarter of that capital has been lost over the preceding 12 months.

| (6) | Even if Chupa Chups had losses corresponding to more than half of its subscribed capital, the criterion that more than half of the subscribed capital has disappeared is not met in this case, because Chupa Chups had other reserves. |
| --- | --- |

(6)

Even if Chupa Chups had losses corresponding to more than half of its subscribed capital, the criterion that more than half of the subscribed capital has disappeared is not met in this case, because Chupa Chups had other reserves.

| (7) | The Commission must therefore reconsider its assessment and amend the Decision of 10 May 2007 as regards the assessment of the aid of EUR 800 000 envisaged in measure 4. |
| --- | --- |

(7)

The Commission must therefore reconsider its assessment and amend the Decision of 10 May 2007 as regards the assessment of the aid of EUR 800 000 envisaged in measure 4.

| (8) | The Decision of 10 May 2007 on the measures C 1/06 (ex NN 103/05) implemented by Spain for Chupa Chups must therefore be amended, |
| --- | --- |

(8)

The Decision of 10 May 2007 on the measures C 1/06 (ex NN 103/05) implemented by Spain for Chupa Chups must therefore be amended,

HAS ADOPTED THIS DECISION:

Sole Article

Article 1(2) of the Decision of 10 May 2007 on the measures C 1/06 (ex NN 103/05) implemented by Spain for Chupa Chups is replaced by the following:

‘2.   The State aid of EUR 800 000 of regional aid granted in 2003 under the “Minería 2” programme is compatible with the common market.’

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 11 March 2008.

For the Commission

Neelie KROES

Member of the Commission

---

(1)  OJ C 288, 9.10.1999, p. 2.

1

(2)  OJ L 244, 19.9.2007, p. 20. Notified on 11 May 2007 under number C(2007) 1710.

2

(3)  Order of 17 December 2001 laying down the regulatory bases for granting aid for business projects that generate employment and promote alternative development of mining areas. The ‘Mineria 2’ programme was approved by the Commission on 27 November 2001 (letter C(2001) 3628).

3

Order of 17 December 2001 laying down the regulatory bases for granting aid for business projects that generate employment and promote alternative development of mining areas.

(4)  Within the meaning of the 1999 Community Guidelines on State aid for rescuing and restructuring firms in difficulty.

4

(5)  EUR 22,07 million in 2002 and EUR 4,70 million in 2003.

5

(6)  EUR 28,7 million in 2002 and EUR 23,29 million in 2003.

6

(7)  See footnote 1.

7

---

| 2.9.2008 | EN | Official Journal of the European Union | L 235/12 |
| --- | --- | --- | --- |

2.9.2008

EN

Official Journal of the European Union

L 235/12

---

COMMISSION DECISION

of 16 April 2008

on State Aid C 13/07 (ex NN 15/06 and N 734/06) implemented by Italy for New Interline

(notified under document number C(2008) 1321)

(Only the Italian version is authentic)

(Text with EEA relevance)

(2008/697/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,

Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,

Having called on interested parties to submit their comments (1) pursuant to those provisions,

Whereas:

1.   PROCEDURE

| (1) | By letter of 23 February 2006 the Italian authorities notified the Commission of rescue aid to New Interline S.p.A. (New Interline). The measure, registered as case NN 15/06, was put into effect on 13 February 2006, i.e. before the notification. The Commission requested additional information by letter dated 4 April 2006, to which Italy replied by letter dated 29 May 2006. The Commission requested further information by letter dated 28 July 2006, to which Italy replied by letters dated 5 October 2006 and 6 November 2006. |
| --- | --- |

(1)

By letter of 23 February 2006 the Italian authorities notified the Commission of rescue aid to New Interline S.p.A. (New Interline). The measure, registered as case NN 15/06, was put into effect on 13 February 2006, i.e. before the notification. The Commission requested additional information by letter dated 4 April 2006, to which Italy replied by letter dated 29 May 2006. The Commission requested further information by letter dated 28 July 2006, to which Italy replied by letters dated 5 October 2006 and 6 November 2006.

| (2) | With notification of 10 November 2006, registered as N 734/06, the Italian authorities notified the Commission of a restructuring plan for New Interline. The Commission requested further information by letter dated 22 December 2006, to which Italy replied by letter dated 6 March 2007. |
| --- | --- |

(2)

With notification of 10 November 2006, registered as N 734/06, the Italian authorities notified the Commission of a restructuring plan for New Interline. The Commission requested further information by letter dated 22 December 2006, to which Italy replied by letter dated 6 March 2007.

| (3) | By letter of 25 April 2007 the Commission informed Italy that by Decision of 24 April 2007 it had decided that the rescue aid Italy had granted to New Interline was compatible with the common market in so far as it was applied for six months. As regarded the extension of the rescue aid beyond the six month period, as well as the restructuring aid, the Commission had decided to initiate the formal investigation procedure under Article 88(2) Treaty. |
| --- | --- |

(3)

By letter of 25 April 2007 the Commission informed Italy that by Decision of 24 April 2007 it had decided that the rescue aid Italy had granted to New Interline was compatible with the common market in so far as it was applied for six months. As regarded the extension of the rescue aid beyond the six month period, as well as the restructuring aid, the Commission had decided to initiate the formal investigation procedure under Article 88(2) Treaty.

| (4) | The Commission’s decision was published in the Official Journal of the European Union. The Commission called on interested parties to submit their comments. However, no communication was received from the interested parties. |
| --- | --- |

(4)

The Commission’s decision was published in the Official Journal of the European Union. The Commission called on interested parties to submit their comments. However, no communication was received from the interested parties.

| (5) | By letter of 30 May 2007 the Italian authorities informed the Commission that New Interline had gone into voluntary liquidation and that they intended to withdraw the notification of restructuring aid. By letter of 9 October 2007, the Italian authorities confirmed the withdrawal of the notification. |
| --- | --- |

(5)

By letter of 30 May 2007 the Italian authorities informed the Commission that New Interline had gone into voluntary liquidation and that they intended to withdraw the notification of restructuring aid. By letter of 9 October 2007, the Italian authorities confirmed the withdrawal of the notification.

| (6) | The Commission, by letter dated 16 November 2007, requested Italy to provide further information concerning the terms of the voluntary liquidation procedure, in particular the consequences for the creditors of New Interline. Italy replied by letter dated 28 January 2008. |
| --- | --- |

(6)

The Commission, by letter dated 16 November 2007, requested Italy to provide further information concerning the terms of the voluntary liquidation procedure, in particular the consequences for the creditors of New Interline. Italy replied by letter dated 28 January 2008.

2.   RESCUE AID

| (7) | The rescue aid measure consists of a guarantee by the Ministry for Economic Development for a bank loan of EUR 2,75 million. The guarantee was originally granted for a period of six months, i.e. from 6 March 2006 to 6 September 2006. However, the Commission was informed that the guarantee was not terminated at the end of this period. |
| --- | --- |

(7)

The rescue aid measure consists of a guarantee by the Ministry for Economic Development for a bank loan of EUR 2,75 million. The guarantee was originally granted for a period of six months, i.e. from 6 March 2006 to 6 September 2006. However, the Commission was informed that the guarantee was not terminated at the end of this period.

| (8) | The Community guidelines on State aid for rescuing and restructuring firms in difficulty (the Guidelines) (2), state in point 25(c) that in the case of non-notified aid the Member State must communicate, no later than six months after the first implementation of the measure, a restructuring plan or a liquidation plan or proof that the loan has been reimbursed in full and/or that the guarantee has been terminated. |
| --- | --- |

(8)

The Community guidelines on State aid for rescuing and restructuring firms in difficulty (the Guidelines) (2), state in point 25(c) that in the case of non-notified aid the Member State must communicate, no later than six months after the first implementation of the measure, a restructuring plan or a liquidation plan or proof that the loan has been reimbursed in full and/or that the guarantee has been terminated.

| (9) | In its Decision of 24 April 2007, the Commission noted that the rescue aid had not been terminated after the initial six-month period and that Italy had failed to present a restructuring plan within that period. Therefore, in its Decision the Commission stated that the aid was compatible with the common market as rescue aid as far as it was limited to six months, given that it complied with all conditions, other than point 25(c), of the Guidelines. However, as the rescue aid had been extended beyond the initial six months, the Commission had doubts about its compatibility and so decided to initiate the procedure referred to in point 27 of the Guidelines (3). |
| --- | --- |

(9)

In its Decision of 24 April 2007, the Commission noted that the rescue aid had not been terminated after the initial six-month period and that Italy had failed to present a restructuring plan within that period. Therefore, in its Decision the Commission stated that the aid was compatible with the common market as rescue aid as far as it was limited to six months, given that it complied with all conditions, other than point 25(c), of the Guidelines. However, as the rescue aid had been extended beyond the initial six months, the Commission had doubts about its compatibility and so decided to initiate the procedure referred to in point 27 of the Guidelines (3).

| (10) | In the above-mentioned Decision the Commission also noted that it would assess whether the illegally extended rescue aid could be considered compatible on other grounds within the meaning of point 20 of the Guidelines. Based on this point, there was a possibility that the rescue aid could qualify as restructuring aid. |
| --- | --- |

(10)

In the above-mentioned Decision the Commission also noted that it would assess whether the illegally extended rescue aid could be considered compatible on other grounds within the meaning of point 20 of the Guidelines. Based on this point, there was a possibility that the rescue aid could qualify as restructuring aid.

| (11) | However, it should be noted that Italy subsequently withdrew the notification concerning the restructuring aid. The Commission cannot therefore base its decision on elements, particularly a restructuring plan, that would restore viability, or on compensatory measures to mitigate the negative effects of the aid, allowing the illegally extended rescue aid to be deemed restructuring aid compatible with the common market. |
| --- | --- |

(11)

However, it should be noted that Italy subsequently withdrew the notification concerning the restructuring aid. The Commission cannot therefore base its decision on elements, particularly a restructuring plan, that would restore viability, or on compensatory measures to mitigate the negative effects of the aid, allowing the illegally extended rescue aid to be deemed restructuring aid compatible with the common market.

| (12) | Hence the Commission must conclude that the guarantee of EUR 2,75 million granted to New Interline by the Italian authorities is incompatible with the common market under the Guidelines in so far as it was extended beyond 6 September 2006. |
| --- | --- |

(12)

Hence the Commission must conclude that the guarantee of EUR 2,75 million granted to New Interline by the Italian authorities is incompatible with the common market under the Guidelines in so far as it was extended beyond 6 September 2006.

| (13) | The rescue aid, amounting to EUR 2,75 million, must therefore be recovered by Italy from the beneficiary, New Interline. |
| --- | --- |

(13)

The rescue aid, amounting to EUR 2,75 million, must therefore be recovered by Italy from the beneficiary, New Interline.

| (14) | In this respect Italy informed the Commission in its letter of 28 January 2008 that on 4 May 2007 the Italian authorities, as a surrogate of New Interline, paid the total value of the loan plus interest to Banca Antonveneta, which had granted the loan guaranteed by the State. Subsequently, in the context of the voluntary liquidation procedure, on 7 June 2007 the Italian authorities asked the Avvocatura Distrettuale di Bari to start actions to satisfy the State’s claim on the company. |
| --- | --- |

(14)

In this respect Italy informed the Commission in its letter of 28 January 2008 that on 4 May 2007 the Italian authorities, as a surrogate of New Interline, paid the total value of the loan plus interest to Banca Antonveneta, which had granted the loan guaranteed by the State. Subsequently, in the context of the voluntary liquidation procedure, on 7 June 2007 the Italian authorities asked the Avvocatura Distrettuale di Bari to start actions to satisfy the State’s claim on the company.

| (15) | On 18 November 2007 New Interline decided to apply to the Court of Bari for admission to a settlement procedure between creditors and the company (procedura di concordato preventivo) which allows for the payment of the creditors' claims under Court supervision. This procedure may lead to the company continuing its production activities. |
| --- | --- |

(15)

On 18 November 2007 New Interline decided to apply to the Court of Bari for admission to a settlement procedure between creditors and the company (procedura di concordato preventivo) which allows for the payment of the creditors' claims under Court supervision. This procedure may lead to the company continuing its production activities.

| (16) | At this stage it is not possible to know what the outcome of the concordato preventivo will be. However, Italy should in any case immediately register its claims in the bankruptcy proceedings, whatever kind is pursued. |
| --- | --- |

(16)

At this stage it is not possible to know what the outcome of the concordato preventivo will be. However, Italy should in any case immediately register its claims in the bankruptcy proceedings, whatever kind is pursued.

| (17) | Should the outcome of this procedure result in the continuation of New Interline’s activity, the Commission would point out that, as indicated in paragraph 67 of the Notice from the Commission — Towards an effective implementation of Commission decisions ordering Member States to recover unlawful and incompatible State aid (the Recovery Notice) (4), the authorities responsible for enforcing the decision can only support the continuation plan if it ensures that the aid is repaid in full within the time limits foreseen in the Commission’s recovery decision. In particular, the Member State cannot waive part of its recovery claim, nor can it accept any other solution that, in the absence of full and immediate repayment of the unlawful aid, would not result in the immediate ending of the activity of the beneficiary. Therefore, in the absence of full repayment of the unlawful aid, the Italian authorities should, within the time limit laid down for the execution of the present decision, take all measures available to them to oppose the continuation of activity of New Interline. |
| --- | --- |

(17)

Should the outcome of this procedure result in the continuation of New Interline’s activity, the Commission would point out that, as indicated in paragraph 67 of the Notice from the Commission — Towards an effective implementation of Commission decisions ordering Member States to recover unlawful and incompatible State aid (the Recovery Notice) (4), the authorities responsible for enforcing the decision can only support the continuation plan if it ensures that the aid is repaid in full within the time limits foreseen in the Commission’s recovery decision. In particular, the Member State cannot waive part of its recovery claim, nor can it accept any other solution that, in the absence of full and immediate repayment of the unlawful aid, would not result in the immediate ending of the activity of the beneficiary. Therefore, in the absence of full repayment of the unlawful aid, the Italian authorities should, within the time limit laid down for the execution of the present decision, take all measures available to them to oppose the continuation of activity of New Interline.

| (18) | It should also be noted that under paragraph 68 of the Recovery Notice, in the event of liquidation, and as long as the aid has not been fully recovered, the Member State should oppose any transfer of assets that is not carried out on market terms and/or that is organised so as to circumvent the recovery decision. To achieve a ‘correct transfer of assets’, the Member State has to ensure that the undue advantage created by the aid is not transferred to the acquirer of the assets. This may be the case if the assets of the original aid beneficiary are transferred to a third party at a price that is lower than their market value or to a successor company set up in order to circumvent the recovery order. In that case the recovery order has to be extended to that third party. |
| --- | --- |

(18)

It should also be noted that under paragraph 68 of the Recovery Notice, in the event of liquidation, and as long as the aid has not been fully recovered, the Member State should oppose any transfer of assets that is not carried out on market terms and/or that is organised so as to circumvent the recovery decision. To achieve a ‘correct transfer of assets’, the Member State has to ensure that the undue advantage created by the aid is not transferred to the acquirer of the assets. This may be the case if the assets of the original aid beneficiary are transferred to a third party at a price that is lower than their market value or to a successor company set up in order to circumvent the recovery order. In that case the recovery order has to be extended to that third party.

3.   RESTRUCTURING AID

| (19) | The Commission notes that under Article 8 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (5), the Member State concerned may withdraw its notification in due time before the Commission has taken a decision on the aid. In cases where the Commission has already initiated the formal investigation procedure, it must close that procedure. |
| --- | --- |

(19)

The Commission notes that under Article 8 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (5), the Member State concerned may withdraw its notification in due time before the Commission has taken a decision on the aid. In cases where the Commission has already initiated the formal investigation procedure, it must close that procedure.

| (20) | Italy withdrew the notification of restructuring aid of EUR 4,75 million by letter of 9 October 2007. According to the information available, the restructuring aid has not been granted. |
| --- | --- |

(20)

Italy withdrew the notification of restructuring aid of EUR 4,75 million by letter of 9 October 2007. According to the information available, the restructuring aid has not been granted.

| (21) | Therefore the formal investigation procedure opened by the above-mentioned Decision of 24 April 2007 must be closed since, as the notification has been withdrawn, it no longer serves any purpose in respect of the restructuring aid notified by Italy for New Interline, |
| --- | --- |

(21)

Therefore the formal investigation procedure opened by the above-mentioned Decision of 24 April 2007 must be closed since, as the notification has been withdrawn, it no longer serves any purpose in respect of the restructuring aid notified by Italy for New Interline,

HAS ADOPTED THIS DECISION:

Article 1

The rescue aid in the form of a State guarantee amounting to EUR 2,75 million, unlawfully granted by Italy to New Interline S.p.A. in breach of Article 88(3) of the Treaty, is incompatible with the common market in so far as it was extended beyond 6 September 2006.

Article 2

1.   Italy shall recover the aid referred to in Article 1 from the beneficiary.

2.   The sums to be recovered shall bear interest from six months after the date on which they were put at the disposal of the beneficiary until their actual recovery.

3.   The interest shall be calculated on a compound basis in accordance with Chapter V of Regulation (EC) No 794/2004.

Article 3

1.   Recovery of the aid referred to in Article 1 shall be immediate and effective.

2.   Italy shall ensure that this Decision is implemented within four months of the date of notification of this Decision.

Article 4

1.   Within two months of the notification of this Decision Italy shall submit the following information to the Commission:

| (a) | the total amount (principal and interest) to be recovered from the beneficiary; |
| --- | --- |

(a)

the total amount (principal and interest) to be recovered from the beneficiary;

| (b) | a detailed description of the measures already taken and planned to comply with this Decision; |
| --- | --- |

(b)

a detailed description of the measures already taken and planned to comply with this Decision;

| (c) | documents demonstrating that the beneficiary has been ordered to repay the aid. |
| --- | --- |

(c)

documents demonstrating that the beneficiary has been ordered to repay the aid.

2.   Italy shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Article 1 has been completed. It shall immediately submit, on simple request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amount of aid and interest already recovered from the beneficiary.

Article 5

The procedure under Article 88(2) of the Treaty initiated by the Commission Decision of 24 April 2007 in respect of the restructuring aid (ex N 734/06) is closed as the notification was withdrawn on 9 October 2007.

Article 6

This Decision is addressed to Italy.

Done at Brussels, 16 April 2008.

For the Commission

Neelie KROES

Member of the Commission

---

(1)  OJ C 120, 31.5.2007, p. 12.

1

(2)  OJ C 244, 1.10.2004, p. 2.

2

(3)  Point 27 of the Guidelines states that ‘the Commission will initiate proceedings under Article 88(2) of the Treaty if the Member State fails to communicate (...) proof that the loan has been reimbursed in full and/or that the guarantee has been terminated before the six-month deadline has expired.’

3

(4)  OJ C 272, 15.11.2007, p. 4.

4

(5)  OJ C 83, 27.3.1999, p. 1.

5

---

| 2.9.2008 | EN | Official Journal of the European Union | L 235/16 |
| --- | --- | --- | --- |

2.9.2008

EN

Official Journal of the European Union

L 235/16

---

COMMISSION DECISION

of 8 August 2008

on the temporary admission and imports into the Community of registered horses from South Africa

(notified under document number C(2008) 4211)

(Text with EEA relevance)

(2008/698/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and imports from third countries of equidae (1), and in particular Article 13(2) and Articles 14, 15, 16 and 19(i) thereof,

Whereas:

| (1) | Commission Decision 97/10/EC of 12 December 1996 amending Council Decision 79/542/EEC and Commission Decisions 92/160/EEC, 92/260/EEC and 93/197/EEC in relation to the temporary admission and imports into the Community of registered horses from South Africa (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Decision should be codified. |
| --- | --- |

(1)

Commission Decision 97/10/EC of 12 December 1996 amending Council Decision 79/542/EEC and Commission Decisions 92/160/EEC, 92/260/EEC and 93/197/EEC in relation to the temporary admission and imports into the Community of registered horses from South Africa (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Decision should be codified.

| (2) | South Africa is included in Annex I to Commission Decision 2004/211/EC of 6 January 2004 establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species, and amending Decisions 93/195/EEC and 94/63/EC (4). |
| --- | --- |

(2)

South Africa is included in Annex I to Commission Decision 2004/211/EC of 6 January 2004 establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species, and amending Decisions 93/195/EEC and 94/63/EC (4).

| (3) | Following a Commission veterinary inspection mission to South Africa the animal health situation appears to be under the satisfactory control of well structured and organised veterinary services. |
| --- | --- |

(3)

Following a Commission veterinary inspection mission to South Africa the animal health situation appears to be under the satisfactory control of well structured and organised veterinary services.

| (4) | Dourine is endemic in certain parts of South Africa. However, the Western Cape Province has been free of dourine for more than six months. South Africa has been officially free of glanders, equine encephalomyelitis of all types, equine infectious anaemia and vesicular stomatitis for more than six months. |
| --- | --- |

(4)

Dourine is endemic in certain parts of South Africa. However, the Western Cape Province has been free of dourine for more than six months. South Africa has been officially free of glanders, equine encephalomyelitis of all types, equine infectious anaemia and vesicular stomatitis for more than six months.

| (5) | The veterinary authorities of South Africa have undertaken to notify electronically within 24 hours to the Commission and the Member States the confirmation of any infectious or contagious disease in equidae mentioned in Annex A to Directive 90/426/EEC and any change in the vaccination policy, and within an appropriate time, in the import policy in respect of equidae. |
| --- | --- |

(5)

The veterinary authorities of South Africa have undertaken to notify electronically within 24 hours to the Commission and the Member States the confirmation of any infectious or contagious disease in equidae mentioned in Annex A to Directive 90/426/EEC and any change in the vaccination policy, and within an appropriate time, in the import policy in respect of equidae.

| (6) | The veterinary authorities of South Africa have provided certain guarantees in respect of registered horses intended for temporary admission or permanent import into the Community. |
| --- | --- |

(6)

The veterinary authorities of South Africa have provided certain guarantees in respect of registered horses intended for temporary admission or permanent import into the Community.

| (7) | The animal health conditions should be adopted in accordance with the animal health situation of the third country concerned. Due to necessary requirements in relation to movement control and quarantine within South Africa this Decision relates only to the temporary admission and imports of registered horses. |
| --- | --- |

(7)

The animal health conditions should be adopted in accordance with the animal health situation of the third country concerned. Due to necessary requirements in relation to movement control and quarantine within South Africa this Decision relates only to the temporary admission and imports of registered horses.

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(8)

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

The regionalisation of South Africa in respect of the temporary admission and imports into the Community of registered horses shall apply under the condition that the additional guarantees in Annex I are fulfilled.

Article 2

Decision 97/10/EC is repealed.

References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation table in Annex IV.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 8 August 2008.

For the Commission

The President

José Manuel BARROSO

---

(1)  OJ L 224, 18.8.1990, p. 42.

1

(2)  OJ L 3, 7.1.1997, p. 9.

2

(3)  See Annex III.

3

(4)  OJ L 73, 11.3.2004, p. 1.

4

---

ANNEX I

Additional guarantees which apply to the regionalisation of South Africa in respect of the temporary admission and imports into the Community of registered horses

1.   The following diseases are compulsorily notifiable in South Africa:

| | African horse sickness (AHS), glanders, dourine, equine encephalomyelitis of all types including Venezuelan equine encephalomyelitis, equine infectious anaemia, vesicular stomatitis, anthrax and rabies. |
| --- | --- |

African horse sickness (AHS), glanders, dourine, equine encephalomyelitis of all types including Venezuelan equine encephalomyelitis, equine infectious anaemia, vesicular stomatitis, anthrax and rabies.

| | The whole of the Western Cape Province is declared an ‘African horse sickness control area’ in accordance with the provisions of the Animal Disease Act. In respect of the regionalisation for African horse sickness the territory of the Western Cape Province is divided into the African horse sickness free area, the surveillance zone and the protection zone. |
| --- | --- |

The whole of the Western Cape Province is declared an ‘African horse sickness control area’ in accordance with the provisions of the Animal Disease Act. In respect of the regionalisation for African horse sickness the territory of the Western Cape Province is divided into the African horse sickness free area, the surveillance zone and the protection zone.

| | Within the Western Cape Province, African horse sickness is a ‘controlled disease’ in accordance with the provisions of the Animal Disease Act. |
| --- | --- |

Within the Western Cape Province, African horse sickness is a ‘controlled disease’ in accordance with the provisions of the Animal Disease Act.

2.   Regionalisation

2.1.   African horse sickness free area:

The metropolitan area of Cape Town is an African horse sickness free area which is delineated as follows:

| — | : | Northern boundary | : | Blaauwberg Road (M14); |
| --- | --- | --- | --- | --- |
| — | : | Eastern boundary | : | Koeberg Road (M14), Plattekloof Road (M14), N7 Highway, N1 Highway and M5 Highway; |
| — | : | Southern boundary | : | Ottery Road, Prince George's Drive, Wetton Road, Riverstone Road, Tennant Road, Newlands Drive, Paradise Road, Union Drive, Rhodes Drive up to the Newslands Forestry station and across Echo Gorge of Table Mountain to Camps Bay; |
| — | : | Western boundary | : | Coastline from Camps Bay to Blaauwberg Road. |

—

:

Northern boundary

:

Blaauwberg Road (M14);

—

:

Eastern boundary

:

Koeberg Road (M14), Plattekloof Road (M14), N7 Highway, N1 Highway and M5 Highway;

—

:

Southern boundary

:

Ottery Road, Prince George's Drive, Wetton Road, Riverstone Road, Tennant Road, Newlands Drive, Paradise Road, Union Drive, Rhodes Drive up to the Newslands Forestry station and across Echo Gorge of Table Mountain to Camps Bay;

—

:

Western boundary

:

Coastline from Camps Bay to Blaauwberg Road.

2.2.   African horse sickness surveillance zone:

The African horse sickness free area is surrounded by a surveillance zone of at least 50 km width which includes the magisterial districts of Cape Town, Vredenburg, Hopefield, Mooreesburg, Malmesbury, Wellington, Paarl, Stellenbosch, Kuilsrivier, Goodwood, Wynberg, Simonstown, Somerset West, Mitchells Plain and Strand and is defined by the Berg Rivier to the north, the Hottentots Holland Mountains to the east and the coast to the south and west.

2.3.   African horse sickness protection zone:

The surveillance zone is surrounded by a protection zone of at least 100 km width which includes the magisterial districts of Clanwilliam, Piketberg, Ceres, Tulbagh, Worcester, Caledon, Hermanus, Bredasdorp, Robertson, Montagu, Swellendam.

2.4.   African horse sickness infected zone:

The part of the territory of South Africa outside the Western Cape Province and the part of the Western Cape Province outside the AHS free area and the protection and surveillance zone and including the magisterial districts of Vanrynsdorp, Vredendal, Laingsburg, Ladismith, Heidelberg, Riversdale, Mossel Bay, Calitzdorp, Oudtshoorn, George, Knysna, Uniondale, Prince Albert, Beaufort West and Murraysburg.

3.   Vaccination

3.1.   No systematic vaccination against African horse sickness is allowed within the AHS free area and the surveillance zone.

However, by way of derogation the Director of Animal Health of the Ministry of Agriculture of South Africa may grant permission for vaccination using a registered polyvalent AHS vaccine as prescribed by the vaccine manufacturer and carried out exclusively by a veterinarian or an authorised Animal Health Technician in the official employ of the Government, of those horses scheduled to leave the AHS free area or the surveillance zone beyond the perimeters of the surveillance zone, provided that these horses may not leave the holding until departure for a destination outside the AHS free area and the surveillance zone and the vaccination shall be entered in the passport.

3.2.   Where vaccination of registered horses against African horse sickness is carried out in areas outside the AHS free area and surveillance zone it shall be carried out by a veterinarian or an authorised Animal Health Technician in the official employ of the Government using a registered polyvalent AHS vaccine as prescribed by the vaccine manufacturer and the vaccination shall be entered in the passport.

4.   Registration of holdings and identification of equidae

4.1.   Within the AHS free area all holdings (holdings within the meaning of Article 2(a) of Directive 90/426/EEC) are identified, registered and supervised by the State veterinarian of the area.

4.2.   All equidae resident in the AHS free area are identified and records are kept which include information on movement and the health and vaccination history of the animal.

5.   Movement control

5.1.   Any movement of equidae from the infected zone into the protection zone, into the surveillance zone and into the AHS free area and any movement of equidae from the protection zone into the surveillance zone and into the AHS free area and any movement of equidae from the surveillance zone into the AHS free area is prohibited.

5.2.   By way of derogation from the prohibitions laid down in point 5.1, equidae other than registered horses can be admitted from the infected zone into the protection zone, the surveillance zone and the AHS free area, and from the protection zone into the surveillance zone and the AHS free area, and from the surveillance zone into the AHS free area exclusively under the conditions of Article 5(3) of Directive 90/426/EEC.

5.2.1.   The months June, July and August are the vector insect safe period for the purpose of Article 5(3)(a) of Directive 90/426/EEC.

5.2.2.   The equidae are released from quarantine suitably identified.

5.2.3.   In addition to the provisions in point 5.2, equidae for slaughter shall not enter the AHS free area and shall enter the surveillance zone under official veterinary supervision only for immediate slaughter at designated slaughterhouses.

5.3.   By way of derogation from the provisions in point 5.1, movement of registered horses from the infected zone into the protection zone can be allowed under the following conditions:

| 5.3.1. | The horse shall be identified by a passport and particulars on vaccination shall be entered in the passport. |
| --- | --- |

5.3.1.

The horse shall be identified by a passport and particulars on vaccination shall be entered in the passport.

| 5.3.2. | The movement of the horse shall be pre-notified by the issuing official veterinarian to the responsible official veterinarian in the district of destination. |
| --- | --- |

5.3.2.

The movement of the horse shall be pre-notified by the issuing official veterinarian to the responsible official veterinarian in the district of destination.

| 5.3.3. | The horse shall be accompanied by a certificate which is part of the passport and issued by an official veterinarian (official veterinarian within the meaning of Article 2(h) of Directive 90/426/EEC) at the premises of origin. |
| --- | --- |

5.3.3.

The horse shall be accompanied by a certificate which is part of the passport and issued by an official veterinarian (official veterinarian within the meaning of Article 2(h) of Directive 90/426/EEC) at the premises of origin.

| 5.3.4. | The certificate shall state that the horse:






  — | was clinically examined within 48 hours before dispatch and showed no clinical signs of disease, |
| --- | --- | --- |

5.3.4.

The certificate shall state that the horse:

—

was clinically examined within 48 hours before dispatch and showed no clinical signs of disease,

| — | has not been in contact during the past 15 days (as far as can be ascertained) with other equidae suffering from an infectious or contagious disease, |
| --- | --- |

—

has not been in contact during the past 15 days (as far as can be ascertained) with other equidae suffering from an infectious or contagious disease,

| — | does not originate from an area where veterinary restrictions pertaining to diseases communicable to equidae are in force and does not come from a holding under veterinary restrictions, |
| --- | --- |

—

does not originate from an area where veterinary restrictions pertaining to diseases communicable to equidae are in force and does not come from a holding under veterinary restrictions,

| — | does not come from a holding where there has been a case of African horse sickness during the past 60 days, |
| --- | --- |

—

does not come from a holding where there has been a case of African horse sickness during the past 60 days,

| — | was vaccinated against African horse sickness by a veterinarian using a registered polyvalent African horse sickness vaccine as prescribed by the vaccine manufacturer at least 60 days, and not more than 24 months, prior to entering the protection zone. |
| --- | --- |

—

was vaccinated against African horse sickness by a veterinarian using a registered polyvalent African horse sickness vaccine as prescribed by the vaccine manufacturer at least 60 days, and not more than 24 months, prior to entering the protection zone.

5.4.   By way of derogation from the provisions in point 5.1, movement of registered horses from the infected zone or the protection zone into the surveillance zone can be allowed under the following conditions:

| 5.4.1. | The horse shall be identified by a passport and particulars on vaccination shall be entered in the passport. |
| --- | --- |

5.4.1.

The horse shall be identified by a passport and particulars on vaccination shall be entered in the passport.

| 5.4.2. | The movement of the horse shall be pre-notified by the issuing official veterinarian to the responsible official veterinarian in the district of destination. |
| --- | --- |

5.4.2.

The movement of the horse shall be pre-notified by the issuing official veterinarian to the responsible official veterinarian in the district of destination.

| 5.4.3. | The horse shall be accompanied by a certificate which is part of the passport and issued by an official veterinarian (official veterinarian within the meaning of Article 2(h) of Directive 90/426/EEC) at the premises of origin. |
| --- | --- |

5.4.3.

The horse shall be accompanied by a certificate which is part of the passport and issued by an official veterinarian (official veterinarian within the meaning of Article 2(h) of Directive 90/426/EEC) at the premises of origin.

| 5.4.4. | The certificate shall state that the horse:






  — | was clinically examined within 48 hours before dispatch and showed no clinical signs of disease, |
| --- | --- | --- |

5.4.4.

The certificate shall state that the horse:

—

was clinically examined within 48 hours before dispatch and showed no clinical signs of disease,

| — | has not been in contact during the past 15 days (as far as can be ascertained) with other equidae suffering from an infectious or contagious disease, |
| --- | --- |

—

has not been in contact during the past 15 days (as far as can be ascertained) with other equidae suffering from an infectious or contagious disease,

| — | does not originate from an area where veterinary restrictions pertaining to diseases communicable to equidae are in force and does not come from a holding under veterinary restrictions, |
| --- | --- |

—

does not originate from an area where veterinary restrictions pertaining to diseases communicable to equidae are in force and does not come from a holding under veterinary restrictions,

| — | does not come from a holding where there has been a case of African horse sickness during the past 60 days, |
| --- | --- |

—

does not come from a holding where there has been a case of African horse sickness during the past 60 days,

| — | was vaccinated against African horse sickness by a veterinarian using a registered polyvalent African horse sickness vaccine as prescribed by the vaccine manufacturer at least 60 days, and not more than 24 months, prior to entering the surveillance zone. |
| --- | --- |

—

was vaccinated against African horse sickness by a veterinarian using a registered polyvalent African horse sickness vaccine as prescribed by the vaccine manufacturer at least 60 days, and not more than 24 months, prior to entering the surveillance zone.

5.5.   By way of derogation from the provisions in point 5.1, movement of registered horses into the AHS free area can be allowed under the following conditions:

| 5.5.1. | Registered horses can be moved from the infected zone or the protection zone or the surveillance zone into the AHS free area under the following conditions:






  5.5.1.1. | The horse shall be identified by a passport and particulars on vaccination shall be entered in the passport. |
| --- | --- | --- |

5.5.1.

Registered horses can be moved from the infected zone or the protection zone or the surveillance zone into the AHS free area under the following conditions:

5.5.1.1.

The horse shall be identified by a passport and particulars on vaccination shall be entered in the passport.

| 5.5.1.2. | The movement of the horse shall be pre-notified by the issuing official veterinarian to the responsible official veterinarian in the district of destination. |
| --- | --- |

5.5.1.2.

The movement of the horse shall be pre-notified by the issuing official veterinarian to the responsible official veterinarian in the district of destination.

| 5.5.1.3. | The horse shall be accompanied by a certificate which is part of the passport and issued by an official veterinarian (official veterinarian in the meaning of Article 2(h) of Directive 90/426/EEC) at the premises of origin. |
| --- | --- |

5.5.1.3.

The horse shall be accompanied by a certificate which is part of the passport and issued by an official veterinarian (official veterinarian in the meaning of Article 2(h) of Directive 90/426/EEC) at the premises of origin.

| 5.5.1.4. | The certificate shall state that the horse:






  — | was clinically examined within 48 hours before dispatch and showed no clinical signs of disease, and |
| --- | --- | --- |

5.5.1.4.

The certificate shall state that the horse:

—

was clinically examined within 48 hours before dispatch and showed no clinical signs of disease, and

| — | has not been in contact during the past 15 days (as far as can be ascertained) with other equidae suffering from an infectious or contagious disease, and |
| --- | --- |

—

has not been in contact during the past 15 days (as far as can be ascertained) with other equidae suffering from an infectious or contagious disease, and

| — | does not originate from an area where veterinary restrictions pertaining to diseases communicable to equidae are in force and does not come from a holding under veterinary restrictions, and |
| --- | --- |

—

does not originate from an area where veterinary restrictions pertaining to diseases communicable to equidae are in force and does not come from a holding under veterinary restrictions, and

| — | does not come from a holding where there has been a case of African horse sickness during the past 60 days, and |
| --- | --- |

—

does not come from a holding where there has been a case of African horse sickness during the past 60 days, and

| — | if the horse originates from an area outside the surveillance zone, it was






  (i) | either vaccinated against African horse sickness by a veterinarian using a registered polyvalent African horse sickness vaccine as prescribed by the vaccine manufacturer at least 60 days, and not more than 24 months, prior to entering the AHS free area, or |
| --- | --- | --- |

—

if the horse originates from an area outside the surveillance zone, it was

(i)

either vaccinated against African horse sickness by a veterinarian using a registered polyvalent African horse sickness vaccine as prescribed by the vaccine manufacturer at least 60 days, and not more than 24 months, prior to entering the AHS free area, or

| (ii) | the horse was imported from the territory of a country or the part of the territory regionalised in accordance with Article 13(2) of Directive 90/426/EEC, considered in accordance with Community legislation as not infected with African horse sickness and was air-freighted under vector-protected conditions from the airport in Johannesburg to the AHS free area. |
| --- | --- |

(ii)

the horse was imported from the territory of a country or the part of the territory regionalised in accordance with Article 13(2) of Directive 90/426/EEC, considered in accordance with Community legislation as not infected with African horse sickness and was air-freighted under vector-protected conditions from the airport in Johannesburg to the AHS free area.

| 5.5.1.5. | By way of derogation from the fifth indent of point 5.5.1.4, the competent authorities may in exceptional cases, as defined in national or local legislation of the exporting country, specifically authorise the transport of a registered horse from the infected, protection or surveillance zone into the AHS free area under the following conditions:






  — | the horse is transported directly to the quarantine station approved for that purpose in the AHS free area, |
| --- | --- | --- |

5.5.1.5.

By way of derogation from the fifth indent of point 5.5.1.4, the competent authorities may in exceptional cases, as defined in national or local legislation of the exporting country, specifically authorise the transport of a registered horse from the infected, protection or surveillance zone into the AHS free area under the following conditions:

—

the horse is transported directly to the quarantine station approved for that purpose in the AHS free area,

| — | the transport is carried out under vector-protected conditions taking into account risk-mitigating factors such as the vector-free season or daytime, application of repellents, coverage of the animal and forced ventilation on the means of transport, |
| --- | --- |

—

the transport is carried out under vector-protected conditions taking into account risk-mitigating factors such as the vector-free season or daytime, application of repellents, coverage of the animal and forced ventilation on the means of transport,

| — | the horse is isolated in the vector-protected quarantine station for at least 40 days, |
| --- | --- |

—

the horse is isolated in the vector-protected quarantine station for at least 40 days,

| — | during the isolation period the horse is subjected to tests for African horse sickness carried out in accordance with Annex D to Directive 90/426/EEC on two occasions, carried out on samples of blood taken with an interval of between 21 and 30 days, the second of which was taken within 10 days of release from the quarantine station, either with negative result, if the horse was not vaccinated or without increase in antibody level if the horse was vaccinated previously. |
| --- | --- |

—

during the isolation period the horse is subjected to tests for African horse sickness carried out in accordance with Annex D to Directive 90/426/EEC on two occasions, carried out on samples of blood taken with an interval of between 21 and 30 days, the second of which was taken within 10 days of release from the quarantine station, either with negative result, if the horse was not vaccinated or without increase in antibody level if the horse was vaccinated previously.

| 5.5.2. | By way of derogation from the provisions in point 5.5.1, the competent veterinary authorities may licence the temporary admission into the AHS free area of a registered horse from a designated holding in the surveillance zone under the following conditions:






  5.5.2.1. | The horse is by a passport. Particulars on vaccination shall be entered in the passport. |
| --- | --- | --- |

5.5.2.

By way of derogation from the provisions in point 5.5.1, the competent veterinary authorities may licence the temporary admission into the AHS free area of a registered horse from a designated holding in the surveillance zone under the following conditions:

5.5.2.1.

The horse is by a passport. Particulars on vaccination shall be entered in the passport.

| 5.5.2.2. | The horse is in such a way as to ensure a simple identity check and thereby give a correlation between the animal and the passport. |
| --- | --- |

5.5.2.2.

The horse is in such a way as to ensure a simple identity check and thereby give a correlation between the animal and the passport.

| 5.5.2.3. | The passport contains the license. The license is to be withdrawn if the conditions under which the license was issued are not longer fulfilled. |
| --- | --- |

5.5.2.3.

The passport contains the license. The license is to be withdrawn if the conditions under which the license was issued are not longer fulfilled.

| 5.5.2.4. | The horse does not return from an area where veterinary restrictions pertaining to diseases communicable to equidae are in force and does not come from a holding under veterinary restrictions. |
| --- | --- |

5.5.2.4.

The horse does not return from an area where veterinary restrictions pertaining to diseases communicable to equidae are in force and does not come from a holding under veterinary restrictions.

| 5.5.2.5. | The holding in the surveillance zone is included in a monitoring programme equivalent to that carried out in the AHS free area. |
| --- | --- |

5.5.2.5.

The holding in the surveillance zone is included in a monitoring programme equivalent to that carried out in the AHS free area.

| 5.5.2.6. | The horse is admitted from two hours after sunrise until two hours prior to sunset on the same day. |
| --- | --- |

5.5.2.6.

The horse is admitted from two hours after sunrise until two hours prior to sunset on the same day.

| 5.5.2.7. | The horse is kept separate from equidae not of equal health status. |
| --- | --- |

5.5.2.7.

The horse is kept separate from equidae not of equal health status.

| 5.5.3. | By way of derogation from the provisions in point 5.5.1, the competent authorities may licence the re-entry of a registered horse into a holding in the AHS free area returning after temporary movement to designated holdings in the surveillance zone under the following provisions:






  5.5.3.1. | The horse is accompanied by a passport. Particulars on vaccination shall be entered in the passport. |
| --- | --- | --- |

5.5.3.

By way of derogation from the provisions in point 5.5.1, the competent authorities may licence the re-entry of a registered horse into a holding in the AHS free area returning after temporary movement to designated holdings in the surveillance zone under the following provisions:

5.5.3.1.

The horse is accompanied by a passport. Particulars on vaccination shall be entered in the passport.

| 5.5.3.2. | The passport contains the licence. The license is to be withdrawn if the conditions under which the licence was issued are no longer fulfilled. |
| --- | --- |

5.5.3.2.

The passport contains the licence. The license is to be withdrawn if the conditions under which the licence was issued are no longer fulfilled.

| 5.5.3.3. | The horse does not return from an area where veterinary restrictions pertaining to diseases communicable to equidae are in force and does not come from a holding under veterinary restrictions. |
| --- | --- |

5.5.3.3.

The horse does not return from an area where veterinary restrictions pertaining to diseases communicable to equidae are in force and does not come from a holding under veterinary restrictions.

| 5.5.3.4. | The designated holding in the surveillance zone is included in a monitoring programme equivalent to that carried out in the AHS free area. |
| --- | --- |

5.5.3.4.

The designated holding in the surveillance zone is included in a monitoring programme equivalent to that carried out in the AHS free area.

| 5.5.3.5. | The horse is only allowed to move from the AHS free area into the surveillance zone and back to the AHS free area from two hours after sunrise until two hours prior to sunset on the same day. |
| --- | --- |

5.5.3.5.

The horse is only allowed to move from the AHS free area into the surveillance zone and back to the AHS free area from two hours after sunrise until two hours prior to sunset on the same day.

| 5.5.3.6. | The horse is kept separate from equidae not of equal health status. |
| --- | --- |

5.5.3.6.

The horse is kept separate from equidae not of equal health status.

6.   Monitoring

6.1.   Ongoing monitoring is carried out within the AHS free area and the surrounding surveillance zone.

6.2.   A monthly sero-epidemiological monitoring for African horse sickness is carried out on at least 60 identified unvaccinated sentinel horses spread over the whole AHS free area and surveillance zone in order to confirm the absence of African horse sickness in the AHS free area and the surveillance zone. Test results are communicated to the Commission monthly.

6.3.   All cases of equine mortality within the AHS free area suspected to be due to an infectious disease and any mortality of an identified sentinel horse, are examined by means of official necropsies and the results confirmed by acceptable diagnostic procedures and communicated to the Commission.

7.   Residence requirements

7.1.   Registered horses intended for permanent imports into the Community shall have been resident in the country of dispatch for at least 90 days, or since birth, if they are less than 90 days old, or since entry, if they are imported directly from the Community during the 90 days prior to certification for export to the Community and they shall have remained in the AHS free area for at least 60 days or since birth, if they are less than 60 days old, or since entry, if they are imported directly into the AHS free area from the Community during the 60 days prior to certification for export to the Community.

7.2.   Registered horses intended for temporary admission into the Community shall be resident during the past 60 days immediately preceding export to the Community on holdings under veterinary supervision:

| — | in the AHS free area, or |
| --- | --- |

—

in the AHS free area, or

| — | in a Member State, if they are imported into the AHS free area of South Africa directly from a Member State, or |
| --- | --- |

—

in a Member State, if they are imported into the AHS free area of South Africa directly from a Member State, or

| — | on the territory or part of territory of a third country approved by the Community for temporary admission or permanent imports of registered horses in accordance with Directive 90/426/EEC if they were imported into the AHS free area of South Africa directly and under conditions at least as strict as the conditions laid down for the temporary admission or permanent imports of registered horses from the third country concerned directly into the Member States. |
| --- | --- |

—

on the territory or part of territory of a third country approved by the Community for temporary admission or permanent imports of registered horses in accordance with Directive 90/426/EEC if they were imported into the AHS free area of South Africa directly and under conditions at least as strict as the conditions laid down for the temporary admission or permanent imports of registered horses from the third country concerned directly into the Member States.

8.   Quarantine requirements

8.1.   Registered horses intended for imports or temporary admission into the Community shall have undergone a 40-day, pre-export isolation within an officially approved vector-protected quarantine station. This period is a mandatory part of the required residence period in the AHS free area.

8.2.   During the isolation period the horse shall be confined to the vector-protected stables at least from two hours prior to sunset until two hours after sunrise the next day. If exercise is required, it shall be done within the delineated perimeters of the quarantine premises under official veterinary supervision, following the application of effective insect repellents prior to the removal from the stables, and in strict isolation from equidae not being prepared for export under conditions at least as strict as required for temporary admission and imports into the Community.

8.3.   So far only the quarantine station at Montagu Gardens and the Kenilworth Racecourse have been identified for the establishment of such quarantine facilities in the metropolitan Cape Town AHS free area. The veterinary authorities have undertaken to notify to the Commission and the Member States the approval of additional quarantine stations.

9.   Test requirements

9.1.   During the isolation period the animal health tests for African horse sickness, dourine, glanders, equine encephalosis and any other disease as required in the appropriate animal health certificates are carried out with the results specified in the certificate.

9.2.   All health tests are to be carried out in an accredited laboratory.

10.   The animal health certificate shall be issued and signed by the official veterinarian of the quarantine station.

11.   If registered horses are transported by air, the transport of the horses from the quarantine station into the aircraft shall be performed under vector-protected conditions and these conditions are maintained throughout the journey.

12.   If registered horses are transported by sea, then the following conditions shall apply:

Vessels transporting registered horses from the port of Cape Town to a port in the Community approved in accordance with Council Directive 91/496/EEC (1) as a border inspection post for veterinary checks on registered horses, shall at no time between departure and arrival at destination call into a port situated on the territory or part of the territory of a third country not approved for imports into the Community of equidae. The master of the vessel shall provide proof of compliance with these conditions by completing the declaration included in Annex II.

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(1)  OJ L 268, 24.9.1991, p. 56.

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ANNEX II

Image

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ANNEX III

Repealed Decision with list of its successive amendments

| Commission Decision 97/10/EC
  (OJ L 3, 7.1.1997, p. 9) | |
| --- | --- |
| Commission Decision 2001/622/EC
  (OJ L 216, 10.8.2001, p. 26) | Only Article 2 and the Annex |
| Commission Decision 2003/541/EC
  (OJ L 185, 24.7.2003, p. 41) | Only Article 3 and Annexes III and IV |
| Commission Decision 2004/117/EC
  (OJ L 36, 7.2.2004, p. 20) | Only Article 3 and Annex III |

Commission Decision 97/10/EC

(OJ L 3, 7.1.1997, p. 9)

Commission Decision 2001/622/EC

(OJ L 216, 10.8.2001, p. 26)

Only Article 2 and the Annex

Commission Decision 2003/541/EC

(OJ L 185, 24.7.2003, p. 41)

Only Article 3 and Annexes III and IV

Commission Decision 2004/117/EC

(OJ L 36, 7.2.2004, p. 20)

Only Article 3 and Annex III

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ANNEX IV

CORRELATION TABLE

| Decision 97/10/EC | This Decision |
| --- | --- |
| Article 1 | Article 1 |
| Articles 2 to 5 | — |
| — | Article 2 |
| Article 6 | Article 3 |
| Annex I | Annex I |
| Annex II | — |
| Annex III | — |
| Annex IV | Annex II |
| — | Annex III |
| — | Annex IV |

Decision 97/10/EC

This Decision

Article 1

Article 1

Articles 2 to 5

—

—

Article 2

Article 6

Article 3

Annex I

Annex I

Annex II

—

Annex III

—

Annex IV

Annex II

—

Annex III

—

Annex IV

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2.9.2008

| 2.9.2008 | EN | Official Journal of the European Union | L 235/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

L 235/s3

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NOTE TO THE READER

The institutions have decided no longer to quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

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