# Official Journal L 269/2008

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 269 |
| | |
| English edition | Legislation | Volume 5110 October 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 269

English edition

Legislation

Volume 5110 October 2008

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| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 990/2008 of 9 October 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 991/2008 of 9 October 2008 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 945/2008 for the 2008/2009 marketing year | 3 |
| | | Commission Regulation (EC) No 992/2008 of 9 October 2008 amending Regulation (EC) No 959/2008 fixing the import duties in the cereals sector applicable from 1 October 2008 | 5 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 990/2008 of 9 October 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 991/2008 of 9 October 2008 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 945/2008 for the 2008/2009 marketing year

3

Commission Regulation (EC) No 992/2008 of 9 October 2008 amending Regulation (EC) No 959/2008 fixing the import duties in the cereals sector applicable from 1 October 2008

5

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Council |
| | | 2008/784/EC |
| | * | Council Decision of 2 October 2008 establishing a separate liability of Montenegro and reducing proportionately the liability of Serbia with regard to the long-term loans granted by the Community to the State Union of Serbia and Montenegro (formerly the Federal Republic of Yugoslavia) pursuant to Decisions 2001/549/EC and 2002/882/EC | 8 |
| | | Commission |
| | | 2008/785/EC |
| | * | Commission Decision of 9 October 2008 amending Commission Decision 2005/56/EC setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003 | 11 |

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

DECISIONS

Council

2008/784/EC

*

Council Decision of 2 October 2008 establishing a separate liability of Montenegro and reducing proportionately the liability of Serbia with regard to the long-term loans granted by the Community to the State Union of Serbia and Montenegro (formerly the Federal Republic of Yugoslavia) pursuant to Decisions 2001/549/EC and 2002/882/EC

8

Commission

2008/785/EC

*

Commission Decision of 9 October 2008 amending Commission Decision 2005/56/EC setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003

11

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| --- | --- | --- |
| | * | 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

| 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

| 10.10.2008 | EN | Official Journal of the European Union | L 269/1 |
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10.10.2008

EN

Official Journal of the European Union

L 269/1

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COMMISSION REGULATION (EC) No 990/2008

of 9 October 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 10 October 2008.

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

Done at Brussels, 9 October 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

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(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 | MA | 88,3 |
| MK | 57,1 |
| TR | 64,0 |
| ZZ | 69,8 |
| 0707 00 05 | JO | 156,8 |
| MK | 68,9 |
| TR | 100,9 |
| ZZ | 108,9 |
| 0709 90 70 | TR | 116,3 |
| ZZ | 116,3 |
| 0805 50 10 | AR | 65,9 |
| BR | 51,8 |
| TR | 98,8 |
| UY | 95,7 |
| ZA | 85,6 |
| ZZ | 79,6 |
| 0806 10 10 | BR | 224,6 |
| TR | 90,6 |
| US | 224,7 |
| ZZ | 180,0 |
| 0808 10 80 | AR | 70,6 |
| BR | 145,7 |
| CL | 157,7 |
| CN | 64,0 |
| CR | 67,4 |
| MK | 37,6 |
| NZ | 116,2 |
| US | 120,8 |
| ZA | 82,8 |
| ZZ | 95,9 |
| 0808 20 50 | CL | 45,1 |
| CN | 84,7 |
| TR | 136,5 |
| ZA | 108,8 |
| ZZ | 93,8 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

88,3

MK

57,1

TR

64,0

ZZ

69,8

0707 00 05

JO

156,8

MK

68,9

TR

100,9

ZZ

108,9

0709 90 70

TR

116,3

ZZ

116,3

0805 50 10

AR

65,9

BR

51,8

TR

98,8

UY

95,7

ZA

85,6

ZZ

79,6

0806 10 10

BR

224,6

TR

90,6

US

224,7

ZZ

180,0

0808 10 80

AR

70,6

BR

145,7

CL

157,7

CN

64,0

CR

67,4

MK

37,6

NZ

116,2

US

120,8

ZA

82,8

ZZ

95,9

0808 20 50

CL

45,1

CN

84,7

TR

136,5

ZA

108,8

ZZ

93,8

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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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| 10.10.2008 | EN | Official Journal of the European Union | L 269/3 |
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10.10.2008

EN

Official Journal of the European Union

L 269/3

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COMMISSION REGULATION (EC) No 991/2008

of 9 October 2008

amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 945/2008 for the 2008/2009 marketing year

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 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,

Whereas:

| (1) | The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2008/2009 marketing year are fixed by Commission Regulation (EC) No 945/2008 (3). These prices and duties have been last amended by Commission Regulation (EC) No 980/2008 (4). |
| --- | --- |

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2008/2009 marketing year are fixed by Commission Regulation (EC) No 945/2008 (3). These prices and duties have been last amended by Commission Regulation (EC) No 980/2008 (4).

| (2) | The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006, |
| --- | --- |

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 945/2008 for the 2008/2009, marketing year, are hereby amended as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 10 October 2008.

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

Done at Brussels, 9 October 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 178, 1.7.2006, p. 24.

2

(3)  
  OJ L 258, 26.9.2008, p. 56.

3

(4)  
  OJ L 267, 8.10.2008, p. 3.

4

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ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 10 October 2008

| (EUR) |
| --- |
| CN code | Representative price per 100 kg net of the product concerned | Additional duty per 100 kg net of the product concerned |
| 1701 11 10  (1) | 23,14 | 4,73 |
| 1701 11 90  (1) | 23,14 | 9,96 |
| 1701 12 10  (1) | 23,14 | 4,54 |
| 1701 12 90  (1) | 23,14 | 9,53 |
| 1701 91 00  (2) | 25,41 | 12,62 |
| 1701 99 10  (2) | 25,41 | 8,01 |
| 1701 99 90  (2) | 25,41 | 8,01 |
| 1702 90 95  (3) | 0,25 | 0,40 |

(EUR)

CN code

Representative price per 100 kg net of the product concerned

Additional duty per 100 kg net of the product concerned

1701 11 10  (1)

23,14

4,73

1701 11 90  (1)

23,14

9,96

1701 12 10  (1)

23,14

4,54

1701 12 90  (1)

23,14

9,53

1701 91 00  (2)

25,41

12,62

1701 99 10  (2)

25,41

8,01

1701 99 90  (2)

25,41

8,01

1702 90 95  (3)

0,25

0,40

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(1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

(2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

(3)  Per 1 % sucrose content.

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| 10.10.2008 | EN | Official Journal of the European Union | L 269/5 |
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10.10.2008

EN

Official Journal of the European Union

L 269/5

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COMMISSION REGULATION (EC) No 992/2008

of 9 October 2008

amending Regulation (EC) No 959/2008 fixing the import duties in the cereals sector applicable from 1 October 2008

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 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

| (1) | The import duties in the cereals sector applicable from 1 October 2008 were fixed by Commission Regulation (EC) No 959/2008 (3). |
| --- | --- |

(1)

The import duties in the cereals sector applicable from 1 October 2008 were fixed by Commission Regulation (EC) No 959/2008 (3).

| (2) | As the average of the import duties calculated differs by more than EUR 5/tonne from that fixed, a corresponding adjustment must be made to the import duties fixed by Regulation (EC) No 959/2008. |
| --- | --- |

(2)

As the average of the import duties calculated differs by more than EUR 5/tonne from that fixed, a corresponding adjustment must be made to the import duties fixed by Regulation (EC) No 959/2008.

| (3) | Regulation (EC) No 959/2008 should therefore be amended accordingly, |
| --- | --- |

(3)

Regulation (EC) No 959/2008 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I and II to Regulation (EC) No 959/2008 are hereby replaced by the text in the Annex to this Regulation.

Article 2

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

It shall apply from 10 October 2008.

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

Done at Brussels, 9 October 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

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

1

(2)  
  OJ L 161, 29.6.1996, p. 125.

2

(3)  
  OJ L 262, 1.10.2008, p. 3.

3

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ANNEX I

Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 10 October 2008

| CN code | Description | Import duties (1)

  (EUR/t) |
| --- | --- | --- |
| 1001 10 00 | Durum wheat, high quality | 0,00  (2) |
| medium quality | 0,00  (2) |
| low quality | 0,00  (2) |
| 1001 90 91 | Common wheat seed | 0,00 |
| ex 1001 90 99 | High quality common wheat, other than for sowing | 0,00  (2) |
| 1002 00 00 | Rye | 14,05  (2) |
| 1005 10 90 | Maize seed other than hybrid | 0,00 |
| 1005 90 00 | Maize, other than seed (3) | 0,00  (2) |
| 1007 00 90 | Grain sorghum other than hybrids for sowing | 14,05  (2) |

CN code

Description

Import duties (1)

(EUR/t)

1001 10 00

Durum wheat, high quality

0,00  (2)

medium quality

0,00  (2)

low quality

0,00  (2)

1001 90 91

Common wheat seed

0,00

ex 1001 90 99

High quality common wheat, other than for sowing

0,00  (2)

1002 00 00

Rye

14,05  (2)

1005 10 90

Maize seed other than hybrid

0,00

1005 90 00

Maize, other than seed (3)

0,00  (2)

1007 00 90

Grain sorghum other than hybrids for sowing

14,05  (2)

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(1)  For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal the importer may benefit, under Article 2(4) of Regulation (EC) No 1249/96, from a reduction in the duty of:

| — | 3 EUR/t, where the port of unloading is on the Mediterranean Sea, or |
| --- | --- |

—

3 EUR/t, where the port of unloading is on the Mediterranean Sea, or

| — | 2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or the Atlantic coast of the Iberian peninsula. |
| --- | --- |

—

2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or the Atlantic coast of the Iberian peninsula.

(2)  In accordance with Regulation (EC) No 608/2008, application of this duty is suspended.

(3)  The importer may benefit from a flatrate reduction of EUR 24 per tonne where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.

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ANNEX II

Factors for calculating the duties laid down in Annex I

30.9.2008-8.10.2008

| 1. | Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:











  (EUR/t) |
| --- | --- |
| | Common wheat (1) | Maize | Durum wheat, high quality | Durum wheat, medium quality (2) | Durum wheat, low quality (3) | Barley |
| Exchange | Minnéapolis | Chicago | — | — | — | — |
| Quotation | 212,82 | 148,11 | — | — | — | — |
| Fob price USA | — | — | 308,39 | 298,39 | 278,39 | 119,98 |
| Gulf of Mexico premium | — | 13,44 | — | — | — | — |
| Great Lakes premium | 3,63 | — | — | — | — | — |

1.

(EUR/t)

Common wheat (1)

Maize

Durum wheat, high quality

Durum wheat, medium quality (2)

Durum wheat, low quality (3)

Barley

Exchange

Minnéapolis

Chicago

—

—

—

—

Quotation

212,82

148,11

—

—

—

—

Fob price USA

—

—

308,39

298,39

278,39

119,98

Gulf of Mexico premium

—

13,44

—

—

—

—

Great Lakes premium

3,63

—

—

—

—

—

| 2. | Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:






  Freight costs: Gulf of Mexico–Rotterdam: | 23,46  EUR/t |
| --- | --- | --- |
| Freight costs: Great Lakes–Rotterdam: | 23,00  EUR/t |

2.

Freight costs: Gulf of Mexico–Rotterdam:

23,46  EUR/t

Freight costs: Great Lakes–Rotterdam:

23,00  EUR/t

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(1)  Premium of 14 EUR/t incorporated (Article 4(3) of Regulation (EC) No 1249/96).

(2)  Discount of 10 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

(3)  Discount of 30 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

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

DECISIONS

Council

| 10.10.2008 | EN | Official Journal of the European Union | L 269/8 |
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10.10.2008

EN

Official Journal of the European Union

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COUNCIL DECISION

of 2 October 2008

establishing a separate liability of Montenegro and reducing proportionately the liability of Serbia with regard to the long-term loans granted by the Community to the State Union of Serbia and Montenegro (formerly the Federal Republic of Yugoslavia) pursuant to Decisions 2001/549/EC and 2002/882/EC

(2008/784/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,

Having regard to the proposal from the Commission,

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

Whereas:

| (1) | Pursuant to Council Decision 2001/549/EC of 16 July 2001 providing macro-financial assistance to the Federal Republic of Yugoslavia (2), the Community granted to the Federal Republic of Yugoslavia a long-term loan of up to EUR 225 million with a view to ensuring a sustainable balance-of-payments situation and strengthening the country’s reserve position. The loan was fully disbursed by the Commission in one instalment in October 2001. |
| --- | --- |

(1)

Pursuant to Council Decision 2001/549/EC of 16 July 2001 providing macro-financial assistance to the Federal Republic of Yugoslavia (2), the Community granted to the Federal Republic of Yugoslavia a long-term loan of up to EUR 225 million with a view to ensuring a sustainable balance-of-payments situation and strengthening the country’s reserve position. The loan was fully disbursed by the Commission in one instalment in October 2001.

| (2) | Pursuant to Council Decision 2002/882/EC of 5 November 2002 providing further macro-financial assistance to the Federal Republic of Yugoslavia (3), the Community granted the Federal Republic of Yugoslavia a loan of up to EUR 55 million with a view to ensuring a sustainable balance-of-payments situation and strengthening the country’s reserve position. The loan was fully disbursed by the Commission in three instalments of respectively EUR 10 million in February 2003, EUR 30 million in September 2003 and EUR 15 million in April 2005. |
| --- | --- |

(2)

Pursuant to Council Decision 2002/882/EC of 5 November 2002 providing further macro-financial assistance to the Federal Republic of Yugoslavia (3), the Community granted the Federal Republic of Yugoslavia a loan of up to EUR 55 million with a view to ensuring a sustainable balance-of-payments situation and strengthening the country’s reserve position. The loan was fully disbursed by the Commission in three instalments of respectively EUR 10 million in February 2003, EUR 30 million in September 2003 and EUR 15 million in April 2005.

| (3) | According to the Constitutional Charter of the State Union of Serbia and Montenegro adopted on 4 February 2003, the Federal Republic of Yugoslavia was reconstituted as the State Union of Serbia and Montenegro. |
| --- | --- |

(3)

According to the Constitutional Charter of the State Union of Serbia and Montenegro adopted on 4 February 2003, the Federal Republic of Yugoslavia was reconstituted as the State Union of Serbia and Montenegro.

| (4) | On 3 June 2006, based on Article 60 of the Constitutional Charter of the State Union of Serbia and Montenegro and following the Montenegrin referendum of 21 May 2006, the Parliament of Montenegro passed a declaration on the independence of the country, which stated that Montenegro is an independent state with full legal personality under international law. |
| --- | --- |

(4)

On 3 June 2006, based on Article 60 of the Constitutional Charter of the State Union of Serbia and Montenegro and following the Montenegrin referendum of 21 May 2006, the Parliament of Montenegro passed a declaration on the independence of the country, which stated that Montenegro is an independent state with full legal personality under international law.

| (5) | The Parliament of Serbia adopted on 5 June 2006 a decision that defined Serbia as the successor state to the State Union of Serbia and Montenegro. |
| --- | --- |

(5)

The Parliament of Serbia adopted on 5 June 2006 a decision that defined Serbia as the successor state to the State Union of Serbia and Montenegro.

| (6) | The Council, in its conclusions of 12 June 2006, took note of the declaration of the Parliament of Montenegro and the decision of the Parliament of Serbia and stated that the European Union and the Member States had decided to develop further relations with Montenegro as a sovereign and independent state. |
| --- | --- |

(6)

The Council, in its conclusions of 12 June 2006, took note of the declaration of the Parliament of Montenegro and the decision of the Parliament of Serbia and stated that the European Union and the Member States had decided to develop further relations with Montenegro as a sovereign and independent state.

| (7) | On 10 July 2006, Montenegro and Serbia entered into an agreement on the regulation of membership in international financial organisations and the distribution of financial assets and liabilities, according to which macro-financial assistance loans granted to the Federal Republic of Yugoslavia or the State Union of Serbia and Montenegro should continue to be serviced in the proportion of 90 % for Serbia and 10 % for Montenegro, unless other percentages are to be used on the basis of the final beneficiary principle. |
| --- | --- |

(7)

On 10 July 2006, Montenegro and Serbia entered into an agreement on the regulation of membership in international financial organisations and the distribution of financial assets and liabilities, according to which macro-financial assistance loans granted to the Federal Republic of Yugoslavia or the State Union of Serbia and Montenegro should continue to be serviced in the proportion of 90 % for Serbia and 10 % for Montenegro, unless other percentages are to be used on the basis of the final beneficiary principle.

| (8) | Montenegro and Serbia are, via the Central Bank of Montenegro and the National Bank of Serbia, continuing to discharge fully the debt servicing obligations stemming from the Community loan operations. |
| --- | --- |

(8)

Montenegro and Serbia are, via the Central Bank of Montenegro and the National Bank of Serbia, continuing to discharge fully the debt servicing obligations stemming from the Community loan operations.

| (9) | According to Appendix 4 to the Agreement of 10 July 2006 between Montenegro and Serbia a total debt of EUR 6 703 388,62 stemming from the macro-financial assistance loans has been attributed to Montenegro. |
| --- | --- |

(9)

According to Appendix 4 to the Agreement of 10 July 2006 between Montenegro and Serbia a total debt of EUR 6 703 388,62 stemming from the macro-financial assistance loans has been attributed to Montenegro.

| (10) | The two countries are discharging the debt servicing obligations in accordance with the 90:10 division agreed between them, with the exception of one operation which is being serviced following the final beneficiary principle (99,47 % for Serbia and 0,53 % for Montenegro). |
| --- | --- |

(10)

The two countries are discharging the debt servicing obligations in accordance with the 90:10 division agreed between them, with the exception of one operation which is being serviced following the final beneficiary principle (99,47 % for Serbia and 0,53 % for Montenegro).

| (11) | Considering the relations developed between the European Union and Montenegro as an independent state, notably the European Partnership established by Council Decision 2007/49/EC of 22 January 2007 on the principles, priorities and conditions contained in the European Partnership with Montenegro (4), and the long period of time over which repayments are due to take place, the Commission should be authorised to take appropriate action to ensure that the liabilities arising under the loans granted pursuant to Decisions 2001/549/EC and 2002/882/EC are divided between Montenegro and Serbia in the proportions agreed bilaterally between the two countries. |
| --- | --- |

(11)

Considering the relations developed between the European Union and Montenegro as an independent state, notably the European Partnership established by Council Decision 2007/49/EC of 22 January 2007 on the principles, priorities and conditions contained in the European Partnership with Montenegro (4), and the long period of time over which repayments are due to take place, the Commission should be authorised to take appropriate action to ensure that the liabilities arising under the loans granted pursuant to Decisions 2001/549/EC and 2002/882/EC are divided between Montenegro and Serbia in the proportions agreed bilaterally between the two countries.

| (12) | Montenegro or Serbia will not be entitled to any additional disbursement of macro-financial assistance under this Decision. |
| --- | --- |

(12)

Montenegro or Serbia will not be entitled to any additional disbursement of macro-financial assistance under this Decision.

| (13) | The Commission consulted the Economic and Financial Committee before submitting its proposal. |
| --- | --- |

(13)

The Commission consulted the Economic and Financial Committee before submitting its proposal.

| (14) | The Treaty provides for no powers, other than those in Article 308 thereof, for the adoption of this Decision, |
| --- | --- |

(14)

The Treaty provides for no powers, other than those in Article 308 thereof, for the adoption of this Decision,

HAS DECIDED AS FOLLOWS:

Article 1

1.   Montenegro shall assume separate liability for the payments of principal and interest, as well as all and any costs and expenses related to the servicing of EUR 6 703 388,62 out of the Community long-term loans of in total EUR 280 million paid to the State Union of Serbia and Montenegro (the former Federal Republic of Yugoslavia) pursuant to Decisions 2001/549/EC and 2002/882/EC.

2.   To this end, the Commission is authorised to sign, after consultation of the Economic and Financial Committee, a separate loan agreement with the authorities of Montenegro for the amounts attributed to Montenegro and essentially on the terms and conditions set out in the:

| — | Loan Agreement of 17 September 2001 between the European Community and the Federal Republic of Yugoslavia, |
| --- | --- |

—

Loan Agreement of 17 September 2001 between the European Community and the Federal Republic of Yugoslavia,

| — | Loan Agreement of 13 December 2002 between the European Community and the Federal Republic of Yugoslavia, |
| --- | --- |

—

Loan Agreement of 13 December 2002 between the European Community and the Federal Republic of Yugoslavia,

| — | Supplemental Loan Agreement of 25 July 2003 between the European Community and State Union of Serbia and Montenegro, and |
| --- | --- |

—

Supplemental Loan Agreement of 25 July 2003 between the European Community and State Union of Serbia and Montenegro, and

| — | Supplemental Loan Agreement of 7 April 2005 between the European Community and State Union of Serbia and Montenegro. |
| --- | --- |

—

Supplemental Loan Agreement of 7 April 2005 between the European Community and State Union of Serbia and Montenegro.

In particular, the interest rate and the due dates for payment of interest and repayment of principal shall be the same as those set out in the borrowing contracts annexed to the agreements referred to in this paragraph.

3.   This Decision does not entitle Montenegro to any additional disbursement of macro-financial assistance from the Community.

Article 2

1.   Upon the signature of the separate loan agreement between the Community and Montenegro referred to in Article 1(2), Serbia’s liabilities to the Community in its capacity of successor state to the State Union of Serbia and Montenegro shall be reduced accordingly.

2.   The Commission is authorised to conclude with Serbia arrangements to amend the existing loan agreements referred to in Article 1(2).

3.   This Decision does not entitle Serbia to any additional disbursement of macro-financial assistance from the Community.

Article 3

1.   All related costs and expenses incurred by the Community in concluding and carrying out the arrangements provided for by Article 1 shall be borne by Montenegro.

2.   All related costs and expenses incurred by the Community in concluding and carrying out the arrangements provided for by Article 2 shall be borne by Serbia.

Article 4

This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.

Done in Luxembourg, 2 October 2008.

For the Council

The President

X. BERTRAND

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(1)  Opinion of 2 September 2008 (not yet published in the Official Journal).

1

(2)  
  OJ L 197, 21.7.2001, p. 38.

2

(3)  
  OJ L 308, 9.11.2002, p. 25.

3

(4)  
  OJ L 20, 27.1.2007, p. 16.

4

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Commission

| 10.10.2008 | EN | Official Journal of the European Union | L 269/11 |
| --- | --- | --- | --- |

10.10.2008

EN

Official Journal of the European Union

L 269/11

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COMMISSION DECISION

of 9 October 2008

amending Commission Decision 2005/56/EC setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003

(2008/785/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (1), and in particular Article (3)(1) thereof,

Whereas:

| (1) | The Education, Audiovisual and Culture Executive Agency (hereinafter referred to as the Agency) was set up by Commission Decision 2005/56/EC (2). It manages Community action in the fields of education, audiovisual and culture, including projects financed by European external assistance policy instruments, by the ninth European Development Fund and by certain agreements concluded by the Community with the United States of America and with Canada. |
| --- | --- |

(1)

The Education, Audiovisual and Culture Executive Agency (hereinafter referred to as the Agency) was set up by Commission Decision 2005/56/EC (2). It manages Community action in the fields of education, audiovisual and culture, including projects financed by European external assistance policy instruments, by the ninth European Development Fund and by certain agreements concluded by the Community with the United States of America and with Canada.

| (2) | On 31 December 2006 the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-06) came to an end. The Commission decided to extend this action over the period 2007-13 (Tempus IV) and to finance it through three European external assistance policy instruments, namely the Instrument for Pre-Accession Assistance (IPA), the European neighbourhood and partnership instrument and the financing instrument for development cooperation. |
| --- | --- |

(2)

On 31 December 2006 the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-06) came to an end. The Commission decided to extend this action over the period 2007-13 (Tempus IV) and to finance it through three European external assistance policy instruments, namely the Instrument for Pre-Accession Assistance (IPA), the European neighbourhood and partnership instrument and the financing instrument for development cooperation.

| (3) | On the basis of the initiatives undertaken by the Community with the United States of America and Canada, the Commission additionally decided to strengthen cooperation in the fields of education and youth with industrialised and other high-income countries and territories. |
| --- | --- |

(3)

On the basis of the initiatives undertaken by the Community with the United States of America and Canada, the Commission additionally decided to strengthen cooperation in the fields of education and youth with industrialised and other high-income countries and territories.

| (4) | An external evaluation finalised in April 2008 by the Commission showed that using the Agency was the best way to manage Tempus (the fourth phase and the winding up of the third phase) and the projects financed by the instrument of cooperation with industrialised and other high-income countries and territories. This evaluation therefore recommended that the Agency's tasks be extended to include the management of these programmes and projects. |
| --- | --- |

(4)

An external evaluation finalised in April 2008 by the Commission showed that using the Agency was the best way to manage Tempus (the fourth phase and the winding up of the third phase) and the projects financed by the instrument of cooperation with industrialised and other high-income countries and territories. This evaluation therefore recommended that the Agency's tasks be extended to include the management of these programmes and projects.

| (5) | Decision 2005/56/EC must be amended accordingly. |
| --- | --- |

(5)

Decision 2005/56/EC must be amended accordingly.

| (6) | The provisions set out in this Decision are in accordance with the opinion of the Regulatory Committee for Executive Agencies, |
| --- | --- |

(6)

The provisions set out in this Decision are in accordance with the opinion of the Regulatory Committee for Executive Agencies,

HAS DECIDED AS FOLLOWS:

Sole Article

Article 4(1) of Decision 2005/56/EC is replaced by the following:

‘1.   The Agency is hereby entrusted with the management of certain strands of the following Community programmes:

| 1. | projects in the field of higher education which could be funded under the provisions on economic aid for certain countries of central and eastern Europe (Phare), approved by Council Regulation (EEC) No 3906/89 (3); |
| --- | --- |

1.

projects in the field of higher education which could be funded under the provisions on economic aid for certain countries of central and eastern Europe (Phare), approved by Council Regulation (EEC) No 3906/89 (3);

| 2. | the programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996-2000), established by Council Decision 95/563/EC (4); |
| --- | --- |

2.

the programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996-2000), established by Council Decision 95/563/EC (4);

| 3. | the training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (1996-2000), established by Council Decision 95/564/EC (5); |
| --- | --- |

3.

the training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (1996-2000), established by Council Decision 95/564/EC (5);

| 4. | the second phase of the Community action programme in the field of education “Socrates” (2000-06), approved by Decision No 253/2000/EC of the European Parliament and of the Council (6); |
| --- | --- |

4.

the second phase of the Community action programme in the field of education “Socrates” (2000-06), approved by Decision No 253/2000/EC of the European Parliament and of the Council (6);

| 5. | the second phase of the Community vocational training action programme “Leonardo da Vinci” (2000-06), approved by Council Decision 1999/382/EC (7); |
| --- | --- |

5.

the second phase of the Community vocational training action programme “Leonardo da Vinci” (2000-06), approved by Council Decision 1999/382/EC (7);

| 6. | the “Youth” Community action programme (2000-06), approved by Decision No 1031/2000/EC of the European Parliament and of the Council (8); |
| --- | --- |

6.

the “Youth” Community action programme (2000-06), approved by Decision No 1031/2000/EC of the European Parliament and of the Council (8);

| 7. | the “Culture 2000” programme (2000-06), approved by Decision No 508/2000/EC of the European Parliament and of the Council (9); |
| --- | --- |

7.

the “Culture 2000” programme (2000-06), approved by Decision No 508/2000/EC of the European Parliament and of the Council (9);

| 8. | projects in the field of higher education which could be funded under the provisions on assistance for the partner states of eastern Europe and central Asia (2000-06), as provided for in Council Regulation (EC, Euratom) No 99/2000 (10); |
| --- | --- |

8.

projects in the field of higher education which could be funded under the provisions on assistance for the partner states of eastern Europe and central Asia (2000-06), as provided for in Council Regulation (EC, Euratom) No 99/2000 (10);

| 9. | projects in the field of higher education which could be funded under the provisions on assistance for Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo (UNSCR 1244) (2000-06), approved under Council Regulation (EC) No 2666/2000 (11); |
| --- | --- |

9.

projects in the field of higher education which could be funded under the provisions on assistance for Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo (UNSCR 1244) (2000-06), approved under Council Regulation (EC) No 2666/2000 (11);

| 10. | projects in the field of higher education which could be funded under the provisions on financial and technical measures to accompany the reform of economic and social structures in the framework of the Euro-Mediterranean partnership (MEDA), approved under Council Regulation (EC) No 2698/2000 (12); |
| --- | --- |

10.

projects in the field of higher education which could be funded under the provisions on financial and technical measures to accompany the reform of economic and social structures in the framework of the Euro-Mediterranean partnership (MEDA), approved under Council Regulation (EC) No 2698/2000 (12);

| 11. | the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-06), approved by Council Decision 1999/311/EC (13); |
| --- | --- |

11.

the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-06), approved by Council Decision 1999/311/EC (13);

| 12. | projects which could be funded under the provisions of the Agreement between the European Community and the United States of America renewing a programme of cooperation in the field of higher education and vocational education and training (2001-05), approved by Council Decision 2001/196/EC (14); |
| --- | --- |

12.

projects which could be funded under the provisions of the Agreement between the European Community and the United States of America renewing a programme of cooperation in the field of higher education and vocational education and training (2001-05), approved by Council Decision 2001/196/EC (14);

| 13. | projects which could be funded under the provisions of the Agreement between the European Community and the Government of Canada renewing a cooperation programme in the field of higher education and training (2001-05), approved by Council Decision 2001/197/EC (15); |
| --- | --- |

13.

projects which could be funded under the provisions of the Agreement between the European Community and the Government of Canada renewing a cooperation programme in the field of higher education and training (2001-05), approved by Council Decision 2001/197/EC (15);

| 14. | the programme to encourage the development of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-06), approved by Council Decision 2000/821/EC (16); |
| --- | --- |

14.

the programme to encourage the development of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-06), approved by Council Decision 2000/821/EC (16);

| 15. | the training programme for professionals of the European audiovisual programme industry (MEDIA — Training) (2001-06), approved by Decision No 163/2001/EC of the European Parliament and of the Council (17); |
| --- | --- |

15.

the training programme for professionals of the European audiovisual programme industry (MEDIA — Training) (2001-06), approved by Decision No 163/2001/EC of the European Parliament and of the Council (17);

| 16. | the multiannual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) (2004-06), approved by Decision No 2318/2003/EC of the European Parliament and of the Council (18); |
| --- | --- |

16.

the multiannual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) (2004-06), approved by Decision No 2318/2003/EC of the European Parliament and of the Council (18);

| 17. | the Community action programme to promote active European citizenship (civic participation) (2004-06), approved by Council Decision 2004/100/EC (19); |
| --- | --- |

17.

the Community action programme to promote active European citizenship (civic participation) (2004-06), approved by Council Decision 2004/100/EC (19);

| 18. | the Community action programme to promote bodies active at European level in the field of youth (2004-06), approved by Decision No 790/2004/EC of the European Parliament and of the Council (20); |
| --- | --- |

18.

the Community action programme to promote bodies active at European level in the field of youth (2004-06), approved by Decision No 790/2004/EC of the European Parliament and of the Council (20);

| 19. | the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-06), approved by Decision No 791/2004/EC of the European Parliament and of the Council (21); |
| --- | --- |

19.

the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-06), approved by Decision No 791/2004/EC of the European Parliament and of the Council (21);

| 20. | the Community action programme to promote bodies active at European level in the field of culture (2004-06), approved by Decision No 792/2004/EC of the European Parliament and of the Council (22); |
| --- | --- |

20.

the Community action programme to promote bodies active at European level in the field of culture (2004-06), approved by Decision No 792/2004/EC of the European Parliament and of the Council (22);

| 21. | the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-08), approved by Decision No 2317/2003/EC of the European Parliament and of the Council (23); |
| --- | --- |

21.

the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-08), approved by Decision No 2317/2003/EC of the European Parliament and of the Council (23);

| 22. | projects which could be funded under the provisions of the Agreement between the European Community and the United States of America renewing the programme of cooperation in the field of higher education and vocational education and training (2006-13), approved by Council Decision 2006/910/EC (24); |
| --- | --- |

22.

projects which could be funded under the provisions of the Agreement between the European Community and the United States of America renewing the programme of cooperation in the field of higher education and vocational education and training (2006-13), approved by Council Decision 2006/910/EC (24);

| 23. | projects which could be funded under the provisions of the Agreement between the European Community and the Government of Canada establishing a cooperation framework in the fields of higher education, training and youth (2006-13), approved by Council Decision 2006/964/EC (25); |
| --- | --- |

23.

projects which could be funded under the provisions of the Agreement between the European Community and the Government of Canada establishing a cooperation framework in the fields of higher education, training and youth (2006-13), approved by Council Decision 2006/964/EC (25);

| 24. | the action programme in the field of lifelong learning (2007-13), approved by Decision No 1720/2006/EC of the European Parliament and of the Council (26); |
| --- | --- |

24.

the action programme in the field of lifelong learning (2007-13), approved by Decision No 1720/2006/EC of the European Parliament and of the Council (26);

| 25. | the “Culture” programme (2007-13), approved by Decision No 1855/2006/EC of the European Parliament and of the Council (27); |
| --- | --- |

25.

the “Culture” programme (2007-13), approved by Decision No 1855/2006/EC of the European Parliament and of the Council (27);

| 26. | the “Europe for Citizens” programme to promote active European citizenship (2007-13), approved by Decision No 1904/2006/EC of the European Parliament and of the Council (28); |
| --- | --- |

26.

the “Europe for Citizens” programme to promote active European citizenship (2007-13), approved by Decision No 1904/2006/EC of the European Parliament and of the Council (28);

| 27. | the “Youth in Action” programme (2007-13), approved by Decision No 1719/2006/EC of the European Parliament and of the Council (29); |
| --- | --- |

27.

the “Youth in Action” programme (2007-13), approved by Decision No 1719/2006/EC of the European Parliament and of the Council (29);

| 28. | the support programme for the European audiovisual sector (MEDIA 2007) (2007-13), approved by Decision No 1718/2006/EC of the European Parliament and of the Council (30); |
| --- | --- |

28.

the support programme for the European audiovisual sector (MEDIA 2007) (2007-13), approved by Decision No 1718/2006/EC of the European Parliament and of the Council (30);

| 29. | projects in the field of higher education which could be funded under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Council Regulation (EEC) No 443/92 (31); |
| --- | --- |

29.

projects in the field of higher education which could be funded under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Council Regulation (EEC) No 443/92 (31);

| 30. | projects in the field of higher education and youth which could be funded under the provisions of the Instrument for Pre-Accession Assistance (IPA), established by Council Regulation (EC) No 1085/2006 (32); |
| --- | --- |

30.

projects in the field of higher education and youth which could be funded under the provisions of the Instrument for Pre-Accession Assistance (IPA), established by Council Regulation (EC) No 1085/2006 (32);

| 31. | projects in the field of higher education which could be funded under the provisions of the European neighbourhood and partnership instrument, created by Regulation (EC) No 1638/2006 of the European Parliament and of the Council (33); |
| --- | --- |

31.

projects in the field of higher education which could be funded under the provisions of the European neighbourhood and partnership instrument, created by Regulation (EC) No 1638/2006 of the European Parliament and of the Council (33);

| 32. | projects in the field of higher education which could be funded under the provisions of the financing instrument for development cooperation, established by Regulation (EC) No 1905/2006 of the European Parliament and of the Council (34); |
| --- | --- |

32.

projects in the field of higher education which could be funded under the provisions of the financing instrument for development cooperation, established by Regulation (EC) No 1905/2006 of the European Parliament and of the Council (34);

| 33. | projects in the field of higher education and youth which could be funded under the provisions of the financing instrument for cooperation with industrialised and other high-income countries and territories (ICI), established by Council Regulation (EC) No 1934/2006 (35); |
| --- | --- |

33.

projects in the field of higher education and youth which could be funded under the provisions of the financing instrument for cooperation with industrialised and other high-income countries and territories (ICI), established by Council Regulation (EC) No 1934/2006 (35);

| 34. | projects in the field of higher education which could be financed by resources from the ninth European Development Fund (2000-07) (36). |
| --- | --- |

34.

projects in the field of higher education which could be financed by resources from the ninth European Development Fund (2000-07) (36).

Done at Brussels, 9 October 2008.

For the Commission

Ján FIGEĽ

Member of the Commission

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(1)  
  OJ L 11, 16.1.2003, p. 1.

1

(2)  
  OJ L 24, 27.1.2005, p. 35.

2

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10.10.2008

| 10.10.2008 | EN | Official Journal of the European Union | L 269/s3 |
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EN

Official Journal of the European Union

L 269/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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