# Official Journal L 138/2008

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 138 |
| | |
| English edition | Legislation | Volume 5128 May 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 138

English edition

Legislation

Volume 5128 May 2008

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 459/2008 of 27 May 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 460/2008 of 27 May 2008 amending Regulation (EC) No 85/2004 laying down the marketing standard for apples | 3 |

Contents

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

page

REGULATIONS

Commission Regulation (EC) No 459/2008 of 27 May 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 460/2008 of 27 May 2008 amending Regulation (EC) No 85/2004 laying down the marketing standard for apples

3

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2008/392/EC |
| | * | Commission Decision of 30 April 2008 implementing Council Directive 2006/88/EC as regards an Internet-based information page to make information on aquaculture production businesses and authorised processing establishments available by electronic means
  (notified under document number C(2008) 1656)

   (
  1
  ) | 12 |
| | | 2008/393/EC |
| | * | Commission Decision of 8 May 2008 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data in Jersey
  (notified under document number C(2008) 1746)

   (
  1
  ) | 21 |

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

DECISIONS

Commission

2008/392/EC

*

Commission Decision of 30 April 2008 implementing Council Directive 2006/88/EC as regards an Internet-based information page to make information on aquaculture production businesses and authorised processing establishments available by electronic means
  (notified under document number C(2008) 1656)

   (
  1
  )

(notified under document number C(2008) 1656)

1

12

2008/393/EC

*

Commission Decision of 8 May 2008 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data in Jersey
  (notified under document number C(2008) 1746)

   (
  1
  )

(notified under document number C(2008) 1746)

1

21

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

---

(1)   Text with EEA relevance

1

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

EN

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

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

---

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

REGULATIONS

| 28.5.2008 | EN | Official Journal of the European Union | L 138/1 |
| --- | --- | --- | --- |

28.5.2008

EN

Official Journal of the European Union

L 138/1

---

COMMISSION REGULATION (EC) No 459/2008

of 27 May 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 Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (1), and in particular Article 138(1) thereof,

Whereas:

| (1) | 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 the Annex thereto. |
| --- | --- |

(1)

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 the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 28 May 2008.

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

Done at Brussels, 27 May 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

---

ANNEX

to Commission Regulation of 27 May 2008 establishing the 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 | 84,4 |
| MK | 62,7 |
| TN | 105,3 |
| TR | 82,8 |
| ZZ | 83,8 |
| 0707 00 05 | JO | 162,5 |
| TR | 136,6 |
| ZZ | 149,6 |
| 0709 90 70 | TR | 106,4 |
| ZZ | 106,4 |
| 0805 10 20 | EG | 36,7 |
| IL | 65,9 |
| MA | 51,2 |
| MX | 62,0 |
| TN | 55,0 |
| TR | 72,1 |
| US | 57,7 |
| ZZ | 57,2 |
| 0805 50 10 | AR | 132,6 |
| TR | 163,7 |
| US | 151,8 |
| ZA | 115,0 |
| ZZ | 140,8 |
| 0808 10 80 | AR | 89,8 |
| BR | 85,7 |
| CA | 78,7 |
| CL | 91,3 |
| CN | 81,7 |
| MK | 65,0 |
| NZ | 105,7 |
| US | 102,7 |
| UY | 93,6 |
| ZA | 78,5 |
| ZZ | 87,3 |
| 0809 20 95 | TR | 541,3 |
| US | 571,5 |
| ZZ | 556,4 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

84,4

MK

62,7

TN

105,3

TR

82,8

ZZ

83,8

0707 00 05

JO

162,5

TR

136,6

ZZ

149,6

0709 90 70

TR

106,4

ZZ

106,4

0805 10 20

EG

36,7

IL

65,9

MA

51,2

MX

62,0

TN

55,0

TR

72,1

US

57,7

ZZ

57,2

0805 50 10

AR

132,6

TR

163,7

US

151,8

ZA

115,0

ZZ

140,8

0808 10 80

AR

89,8

BR

85,7

CA

78,7

CL

91,3

CN

81,7

MK

65,0

NZ

105,7

US

102,7

UY

93,6

ZA

78,5

ZZ

87,3

0809 20 95

TR

541,3

US

571,5

ZZ

556,4

---

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---

| 28.5.2008 | EN | Official Journal of the European Union | L 138/3 |
| --- | --- | --- | --- |

28.5.2008

EN

Official Journal of the European Union

L 138/3

---

COMMISSION REGULATION (EC) No 460/2008

of 27 May 2008

amending Regulation (EC) No 85/2004 laying down the marketing standard for apples

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific rules as regards the fruit and vegetable sector amending Directives 2001/112/EC and 2001/113/EC and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96 (1), and in particular Article 42(a) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 85/2004 (2) provides in particular for a reduction in the minimum size from 1 June 2008 in order to be consistent with the United Nations Economic Commission for Europe standard for apples UNECE-FFV-50. However, that standard has been amended and sizing provisions should be updated accordingly. |
| --- | --- |

(1)

Commission Regulation (EC) No 85/2004 (2) provides in particular for a reduction in the minimum size from 1 June 2008 in order to be consistent with the United Nations Economic Commission for Europe standard for apples UNECE-FFV-50. However, that standard has been amended and sizing provisions should be updated accordingly.

| (2) | In order to avoid any conflict with commercial law, any mention of the trade names should be deleted from the list of apple varieties set out in the Appendix to the Annex to Regulation (EC) No 85/2004. |
| --- | --- |

(2)

In order to avoid any conflict with commercial law, any mention of the trade names should be deleted from the list of apple varieties set out in the Appendix to the Annex to Regulation (EC) No 85/2004.

| (3) | It is also necessary to revise that list of varieties, in order to facilitate inspections. Consequently, the synonym ‘Renetta del Canada’ for the variety ‘Reinette blanche du Canada’ should be added and the apple variety ‘Zarja Alatau’ should be included in the same list. |
| --- | --- |

(3)

It is also necessary to revise that list of varieties, in order to facilitate inspections. Consequently, the synonym ‘Renetta del Canada’ for the variety ‘Reinette blanche du Canada’ should be added and the apple variety ‘Zarja Alatau’ should be included in the same list.

| (4) | Regulation (EC) No 85/2004 should therefore be amended accordingly. |
| --- | --- |

(4)

Regulation (EC) No 85/2004 should therefore be amended accordingly.

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

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 85/2004 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third 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, 27 May 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 273, 17.10.2007, p. 1.

1

(2)  
  OJ L 13, 20.1.2004, p. 3. Regulation as last amended by Regulation (EC) No 1238/2005 (OJ L 200, 30.7.2005, p. 22).

2

---

ANNEX

The Annex to Regulation (EC) No 85/2004 is amended as follows:

| (1) | point III is replaced by the following:
  ‘III.   PROVISIONS CONCERNING SIZING
  Size is determined either by the maximum diameter of the equatorial section or by weight.
  For all varieties and for all classes the minimum size is 60 mm, if measured by diameter or 90 g, if measured by weight. Fruit of smaller sizes may be accepted, if the Brix level of the produce is greater than or equal to 10,5° Brix and the size is not smaller than 50 mm or 70 g.
  To ensure there is uniformity of size within the package:






  (a) | for fruit sized according to the diameter, the difference in diameter between fruit in the same package shall be limited to:






  — | 5 mm for “Extra” Class fruit and for Classes I and II fruit packed in rows and layers. However, for apples of the varieties Bramley's Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diameter may amount to 10 mm, and |
| --- | --- | --- | --- |

(1)

point III is replaced by the following:

‘III.   PROVISIONS CONCERNING SIZING

Size is determined either by the maximum diameter of the equatorial section or by weight.

For all varieties and for all classes the minimum size is 60 mm, if measured by diameter or 90 g, if measured by weight. Fruit of smaller sizes may be accepted, if the Brix level of the produce is greater than or equal to 10,5° Brix and the size is not smaller than 50 mm or 70 g.

To ensure there is uniformity of size within the package:

(a)

for fruit sized according to the diameter, the difference in diameter between fruit in the same package shall be limited to:

—

5 mm for “Extra” Class fruit and for Classes I and II fruit packed in rows and layers. However, for apples of the varieties Bramley's Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diameter may amount to 10 mm, and

| — | 10 mm for Class I fruit packed loose in the package or sales packages. However, for apples of the varieties Bramley's Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diameter may amount to 20 mm, or |
| --- | --- |

—

10 mm for Class I fruit packed loose in the package or sales packages. However, for apples of the varieties Bramley's Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diameter may amount to 20 mm, or

| (b) | for fruit sized according to weight, the difference in weight between fruit in the same package shall be limited to:






  — | 20 % of the average individual fruit weight in the package for “Extra” Class fruit and for Classes I and II fruit packed in rows and layers, and |
| --- | --- | --- |

(b)

for fruit sized according to weight, the difference in weight between fruit in the same package shall be limited to:

—

20 % of the average individual fruit weight in the package for “Extra” Class fruit and for Classes I and II fruit packed in rows and layers, and

| — | 25 % of the average individual fruit weight in the package for Class I fruit packed loose in the package or in consumer packages. |
| --- | --- |

—

25 % of the average individual fruit weight in the package for Class I fruit packed loose in the package or in consumer packages.

There is no sizing uniformity requirement for Class II fruit packed loose in the package or in consumer packages.’;

| (2) | in the Appendix, the point 4 is replaced by the following:
  4.   Non-exhaustive list of apple varieties classified according to their colouring, russeting and size criteria:
  Fruits of varieties that are not part of the list must be graded according to their varietal characteristics.









  Varieties | Synonyms | Colour group | Russeting | Size |
| --- | --- | --- | --- | --- | --- |
| African Red | | B | | |
| Akane | Tohoku 3 | B | | |
| Alborz Seedling | | C | | |
| Aldas | | B | | L |
| Alice | | B | | |
| Alkmene | Early Windsor | C | | |
| Alwa | | B | | |
| Angold | | C | | L |
| Apollo | Beauty of Blackmoor | C | | L |
| Arkcharm | Arkansas No 18, A 18 | C | | L |
| Arlet | | B | R | |
| Aroma | | C | | |
| Red coloured mutants of Aroma, for example Aroma Amorosa | | B | | |
| Auksis | | B | | |
| Belfort | Pella | B | | |
| Belle de Boskoop and mutants | | D | R | L |
| Belle fleur double | | D | | L |
| Berlepsch | Freiherr von Berlepsch | C | | |
| Berlepsch rouge | Red Berlepsch, Roter Berlepsch | B | | |
| Blushed Golden | | | | L |
| Bohemia | | B | | L |
| Boskoop rouge | Red Boskoop, Roter Boskoop | B | R | L |
| Braeburn | | B | | L |
| Red coloured mutants of Braeburn, for example: | Hidala |

(2)

in the Appendix, the point 4 is replaced by the following:

4.   Non-exhaustive list of apple varieties classified according to their colouring, russeting and size criteria:

Fruits of varieties that are not part of the list must be graded according to their varietal characteristics.

Varieties

Synonyms

Colour group

Russeting

Size

African Red

B

Akane

Tohoku 3

B

Alborz Seedling

C

Aldas

B

L

Alice

B

Alkmene

Early Windsor

C

Alwa

B

Angold

C

L

Apollo

Beauty of Blackmoor

C

L

Arkcharm

Arkansas No 18, A 18

C

L

Arlet

B

R

Aroma

C

Red coloured mutants of Aroma, for example Aroma Amorosa

B

Auksis

B

Belfort

Pella

B

Belle de Boskoop and mutants

D

R

L

Belle fleur double

D

L

Berlepsch

Freiherr von Berlepsch

C

Berlepsch rouge

Red Berlepsch, Roter Berlepsch

B

Blushed Golden

L

Bohemia

B

L

Boskoop rouge

Red Boskoop, Roter Boskoop

B

R

L

Braeburn

B

L

Red coloured mutants of Braeburn, for example:

Hidala

| | Joburn |
| --- | --- |

Joburn

| | Lochbuie Red Braeburn |
| --- | --- |

Lochbuie Red Braeburn

| | Mahana Red |
| --- | --- |

Mahana Red

| | Mariri Red |
| --- | --- |

Mariri Red

| | Redfield |
| --- | --- |

Redfield

| | Royal Braeburn |
| --- | --- |

Royal Braeburn

A

L

Bramley's Seedling

Bramley, Triomphe de Kiel

D

L

Brettacher Sämling

D

L

Calville (group of ...)

D

L

Cardinal

B

Carola

Kalco

C

L

Caudle

B

Charden

D

L

Charles Ross

D

L

Civni

B

Coromandel Red

Corodel

A

Cortland

B

L

Cox's orange pippin and mutants

Cox Orange

C

R

Red coloured mutants of Cox's Orange Pippin for example:

Cherry Cox

B

R

Crimson Bramley

D

L

Cripps Pink

C

Cripps Red

C (*1)

Dalinbel

B

Delblush

D

L

Delcorf and mutants, for example:

| | Dalili |
| --- | --- |

Dalili

| | Monidel |
| --- | --- |

Monidel

C

L

Delgollune

B

L

Delicious ordinaire

Ordinary Delicious

B

Deljeni

D

L

Delikates

B

Delor

C

L

Discovery

C

Dunn's Seedling

D

R

Dykmanns Zoet

C

Egremont Russet

D

R

Elan

D

L

Elise

Red Delight

A

L

Ellison's orange

Ellison

C

L

Elstar and mutants, for example:

| | Daliter |
| --- | --- |

Daliter

| | Elshof |
| --- | --- |

Elshof

| | Elstar Armhold |
| --- | --- |

Elstar Armhold

| | Elstar Reinhardt |
| --- | --- |

Elstar Reinhardt

C

Red coloured mutants of Elstar, for example:

| | Bel-El |
| --- | --- |

Bel-El

| | Daliest |
| --- | --- |

Daliest

| | Goedhof |
| --- | --- |

Goedhof

| | Red Elstar |
| --- | --- |

Red Elstar

| | Valstar |
| --- | --- |

Valstar

B

Empire

A

Falstaff

C

Fiesta

Red Pippin

C

Florina

B

L

Fortune

D

R

Fuji and mutants

B

L

Gala

C

Red coloured mutants of Gala, for example:

| | Annaglo |
| --- | --- |

Annaglo

| | Baigent |
| --- | --- |

Baigent

| | Galaxy |
| --- | --- |

Galaxy

| | Mitchgla |
| --- | --- |

Mitchgla

| | Obrogala |
| --- | --- |

Obrogala

| | Regala |
| --- | --- |

Regala

| | Regal Prince |
| --- | --- |

Regal Prince

| | Tenroy |
| --- | --- |

Tenroy

A

Garcia

D

L

Gloster

B

L

Goldbohemia

D

L

Golden Delicious and mutants

D

L

Golden Russet

D

R

Goldrush

Coop 38

D

L

Goldstar

D

L

Gradigold

D

L

Granny Smith

D

L

Gravenstein rouge

Red Gravenstein, Roter Gravensteiner

B

L

Gravensteiner

Gravenstein

D

L

Greensleeves

D

L

Holsteiner Cox and mutants

Holstein

D

R

Holstein rouge

Red Holstein, Roter Holsteiner Cox

C

R

Honeycrisp

C

L

Honeygold

D

L

Horneburger

D

L

Howgate Wonder

Manga

D

L

Idared

B

L

Ingrid Marie

B

R

Isbranica

Izbranica

C

Jacob Fisher

D

L

Jacques Lebel

D

L

Jamba

C

L

James Grieve and mutants

D

L

James Grieve rouge

Red James Grieve

B

L

Jarka

C

L

Jerseymac

B

Jester

D

L

Jonagold (*2) and mutants, for example:

C

L

Crowngold

Daligo

Daliguy

Jonasty

Dalijean

Jonamel

Jonagold 2000

Excel

Jonabel

Jonabres

King Jonagold

New Jonagold

Fukushima

Novajo

Veulemanns

Schneica

Wilmuta

Jonagored and mutants, for example:

A

L

Decosta

Jomured

Van de Poel

Jonagold Boerekamp

Jomar

Jonagored Supra

Jonaveld

Primo

Romagold

Surkijn

Rubinstar

Red Jonaprince

Jonalord

C

Jonathan

B

Julia

B

Jupiter

D

L

Karmijn de Sonnaville

C

R

L

Katy

Katja

B

Kent

D

R

Kidd's orange red

C

R

Kim

B

Koit

C

L

Krameri Tuvioun

B

Kukikovskoje

B

Lady Williams

B

L

Lane's Prince Albert

D

L

Laxton's Superb

Laxtons Superb

C

R

Ligol

B

L

Lobo

B

Lodel

A

Lord Lambourne

C

Maigold

B

Mc Intosh

B

Meelis

B

L

Melba

B

Melodie

B

L

Melrose

C

L

Meridian

C

Moonglo

C

Morgenduft

Imperatore

B

L

Mountain Cove

D

L

Mutsu

D

L

Normanda

C

L

Nueva Europa

C

Nueva Orleans

B

L

Odin

B

Ontario

B

L

Orlovskoje Polosatoje

C

Ozark Gold

D

L

Paula Red

B

Pero de Cirio

D

L

Piglos

B

L

Pikant

B

L

Pikkolo

C

Pilot

C

Pimona

C

Pinova

C

Pirella

B

L

Piros

C

L

Rafzubex

A

Rafzubin

C

Rajka

B

Rambour d'hiver

D

L

Rambour Franc

B

Reanda

B

L

Rebella

C

L

Red Delicious and mutants, for example:

| | Campsur |
| --- | --- |

Campsur

| | Erovan |
| --- | --- |

Erovan

| | Evasni |
| --- | --- |

Evasni

| | Flatrar |
| --- | --- |

Flatrar

| | Fortuna Delicious |
| --- | --- |

Fortuna Delicious

| | Otago |
| --- | --- |

Otago

| | Red King |
| --- | --- |

Red King

| | Red Spur |
| --- | --- |

Red Spur

| | Red York |
| --- | --- |

Red York

| | Richared |
| --- | --- |

Richared

| | Royal Red |
| --- | --- |

Royal Red

| | Sandidge |
| --- | --- |

Sandidge

| | Shotwell Delicious |
| --- | --- |

Shotwell Delicious

| | Stark Delicious |
| --- | --- |

Stark Delicious

| | Starking |
| --- | --- |

Starking

| | Starkrimson |
| --- | --- |

Starkrimson

| | Starkspur |
| --- | --- |

Starkspur

| | Topred |
| --- | --- |

Topred

| | Trumdor |
| --- | --- |

Trumdor

| | Well Spur |
| --- | --- |

Well Spur

A

L

Red Dougherty

A

Red Rome

A

Redkroft

A

Regal

A

Regina

B

L

Reglindis

C

L

Reine des Reinettes

Goldparmäne, Gold Parmoné

C

Reineta Encarnada

B

Reinette Rouge du Canada

B

L

Reinette d'Orléans

D

L

Reinette Blanche du Canada

Reinette du Canada, Canada Blanc, Kanadarenette, Renetta del Canada

D

R

L

Reinette de France

D

L

Reinette de Landsberg

D

L

Reinette grise du Canada

Graue Kanadarenette

D

R

L

Relinda

C

Remo

B

Renora

B

L

Resi

B

Resista

D

L

Retina

B

L

Rewena

B

L

Roja de Benejama

Verruga, Roja del Valle, Clavelina

A

Rome Beauty

Belle de Rome, Rome

B

Rosana

Berner Rosenapfel

B

L

Royal Beaut

A

L

Rubin

C

L

Rubinola

B

L

Sciearly

A

Scifresh

B

Sciglo

A

Sciray

GS48

A

Scired

A

R

Sciros

A

L

Selena

B

L

Shampion

B

L

Sidrunkollane Talioun

D

L

Sinap Orlovskij

Orlovski Sinap

D

L

Snygold

Earlygold

D

L

Sommerregent

C

Spartan

A

Splendour

A

St. Edmunds Pippin

D

R

Stark's Earliest

C

Štaris

Staris

A

Sturmer Pippin

D

R

Sügisdessert

C

L

Sügisjoonik

C

L

Summerred

B

Sunrise

A

Sunset

D

R

Suntan

D

R

L

Sweet Caroline

C

L

Talvenauding

B

Tellisaare

B

Tiina

B

L

Topaz

B

Tydeman's Early Worcester

Tydeman's Early

B

L

Veteran

B

Vista Bella

Bellavista

B

Wealthy

B

Worcester Pearmain

B

York

B

Zarja Alatau

Zarya Alatau

D

---

(*1)  At least 20 % red in Class I and Class II.

(*2)  However, for the variety Jonagold, at least one-tenth surface of the fruit in Class II must be streaked with red colouring.’

---

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

DECISIONS

Commission

| 28.5.2008 | EN | Official Journal of the European Union | L 138/12 |
| --- | --- | --- | --- |

28.5.2008

EN

Official Journal of the European Union

L 138/12

---

COMMISSION DECISION

of 30 April 2008

implementing Council Directive 2006/88/EC as regards an Internet-based information page to make information on aquaculture production businesses and authorised processing establishments available by electronic means

(notified under document number C(2008) 1656)

(Text with EEA relevance)

(2008/392/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (1), and in particular Article 59(2) thereof,

Whereas:

| (1) | Directive 2006/88/EC lays down health requirements to be applied for the placing on the market, the importation and the transit of aquaculture animals and products thereof, and minimum preventive measures aimed at increasing the awareness and preparedness of the competent authorities, aquaculture production business operators and others related to this industry, for diseases in aquaculture animals. |
| --- | --- |

(1)

Directive 2006/88/EC lays down health requirements to be applied for the placing on the market, the importation and the transit of aquaculture animals and products thereof, and minimum preventive measures aimed at increasing the awareness and preparedness of the competent authorities, aquaculture production business operators and others related to this industry, for diseases in aquaculture animals.

| (2) | In order to improve the prevention of the occurrence and spread of the diseases listed in Annex IV to Directive 2006/88/EC, information on aquaculture production businesses and authorised processing establishments, especially on species kept and their health status, should be made electronically available by the Member States. |
| --- | --- |

(2)

In order to improve the prevention of the occurrence and spread of the diseases listed in Annex IV to Directive 2006/88/EC, information on aquaculture production businesses and authorised processing establishments, especially on species kept and their health status, should be made electronically available by the Member States.

| (3) | The data are currently publicly available in the registers kept by Member States pursuant to Article 6 of Directive 2006/88/EC. |
| --- | --- |

(3)

The data are currently publicly available in the registers kept by Member States pursuant to Article 6 of Directive 2006/88/EC.

| (4) | In order to facilitate the interoperability of information systems and the use of procedures by electronic means between Member States, and to ensure transparency and comprehensibility, it is important that the information on aquaculture production businesses and authorised processing establishments is presented in a uniform way throughout the Community. An Internet-based information page is technically the most feasible solution, as it ensures easy access to such information and does not involve too many resources. A model for the layout of the Internet-based information page should therefore be drawn up. |
| --- | --- |

(4)

In order to facilitate the interoperability of information systems and the use of procedures by electronic means between Member States, and to ensure transparency and comprehensibility, it is important that the information on aquaculture production businesses and authorised processing establishments is presented in a uniform way throughout the Community. An Internet-based information page is technically the most feasible solution, as it ensures easy access to such information and does not involve too many resources. A model for the layout of the Internet-based information page should therefore be drawn up.

| (5) | Annex II to Directive 2006/88/EC establishes the information required in the register of aquaculture production businesses and authorised processing establishments. As the aim of the Internet-based information page is to facilitate the interoperability of the relevant information recorded in the registers of aquaculture production businesses established by Member States, the website does not necessarily have to include all that information. It should however include all the information which is relevant to detect any trade restrictions caused by different health status. |
| --- | --- |

(5)

Annex II to Directive 2006/88/EC establishes the information required in the register of aquaculture production businesses and authorised processing establishments. As the aim of the Internet-based information page is to facilitate the interoperability of the relevant information recorded in the registers of aquaculture production businesses established by Member States, the website does not necessarily have to include all that information. It should however include all the information which is relevant to detect any trade restrictions caused by different health status.

| (6) | Directive 2006/88/EC provides that, by way of derogation from the authorisation requirement laid down in that Directive, Member States may require only the registration by the competent authority of installations other than aquaculture production businesses where aquatic animals are kept without the intention of being placed on the market, put and take fisheries and aquaculture production businesses supplying local consumers. |
| --- | --- |

(6)

Directive 2006/88/EC provides that, by way of derogation from the authorisation requirement laid down in that Directive, Member States may require only the registration by the competent authority of installations other than aquaculture production businesses where aquatic animals are kept without the intention of being placed on the market, put and take fisheries and aquaculture production businesses supplying local consumers.

| (7) | The risk of the spread aquatic animal diseases posed by installations, put and take fisheries and aquaculture production businesses which, by way of derogation from Article 4(1) of Directive 2006/88/EC, are registered by the competent authority, varies depending on the their nature, characteristics, and location. Member States should therefore decide to what extent information on those installations, put and take fisheries and aquaculture production businesses should be included in the Internet-based information page. |
| --- | --- |

(7)

The risk of the spread aquatic animal diseases posed by installations, put and take fisheries and aquaculture production businesses which, by way of derogation from Article 4(1) of Directive 2006/88/EC, are registered by the competent authority, varies depending on the their nature, characteristics, and location. Member States should therefore decide to what extent information on those installations, put and take fisheries and aquaculture production businesses should be included in the Internet-based information page.

| (8) | As a sufficient period of time should be provided to allow Member States to complete the Internet-based information page with the relevant information on the aquaculture production businesses and authorised processing establishments, it should be provided for that that information is only to be available by 31 July 2009 at the latest. |
| --- | --- |

(8)

As a sufficient period of time should be provided to allow Member States to complete the Internet-based information page with the relevant information on the aquaculture production businesses and authorised processing establishments, it should be provided for that that information is only to be available by 31 July 2009 at the latest.

| (9) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(9)

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

Subject matter and scope

1.   This Decision lays down rules on an Internet-based information page to be established by the Member States to make information on aquaculture production businesses and authorised processing establishments available by electronic means in accordance with Article 59 of Directive 2006/88/EC.

2.   This Decision shall apply mutatis mutandis to installations, put and take fisheries and aquaculture production businesses which, by way of derogation from Article 4(1) of Directive 2006/88/EC, are registered by the competent authority in accordance with Article 4(4) of that Directive subject to the second subparagraph of Article 2(1) of this Decision.

Article 2

Internet-based information page

1.   The Member States shall establish an Internet-based information page (the Internet-based information page) to make available information on farms or mollusc farming areas of aquaculture production businesses and authorised processing establishments which are authorised in accordance with Article 4 of Directive 2006/88/EC.

Member States shall decide on a case-by-case basis which installations, put and take fisheries and aquaculture production businesses referred to in Article 1(2) must be listed on the Internet-based information page, taking into account the risk of the spread of aquatic animal diseases resulting from the operations of such installations, fisheries and businesses, based on their nature, characteristics and location.

2.   The Internet-based information page shall be drawn up by the Member States in conformity with the models laid down in the following Annexes:

| (a) | Annex I for aquaculture production businesses keeping fish; |
| --- | --- |

(a)

Annex I for aquaculture production businesses keeping fish;

| (b) | Annex II for aquaculture production businesses keeping molluscs; |
| --- | --- |

(b)

Annex II for aquaculture production businesses keeping molluscs;

| (c) | Annex III for aquaculture production businesses keeping crustaceans; |
| --- | --- |

(c)

Annex III for aquaculture production businesses keeping crustaceans;

| (d) | Annex IV for authorised processing establishments slaughtering aquaculture animals for disease control purposes, referred to in Article 4(2) of Directive 2006/88/EC. |
| --- | --- |

(d)

Annex IV for authorised processing establishments slaughtering aquaculture animals for disease control purposes, referred to in Article 4(2) of Directive 2006/88/EC.

3.   Member States shall keep the Internet-based information page updated so that it corresponds with the information included in the register kept pursuant to Article 6 of Directive 2006/88/EC.

Changes in health status shall be introduced in the Internet-based information page as soon as the health status recorded has changed.

4.   Member States shall communicate the Internet address of the Internet-based information page to the Commission.

Article 3

Date of application

This Decision shall apply from 1 August 2008.

However, the Internet-based information page shall be completed with the information referred to in Article 2(2) and in Annexes I to IV by 31 July 2009 at the latest.

Article 4

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 30 April 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 328, 24.11.2006, p. 14.

1

---

ANNEX I

MODEL FOR AQUACULTURE PRODUCTION BUSINESSES KEEPING FISH

(REFERRED TO IN ARTICLE 2(2)(a))

Information in accordance with Article 59 of Directive 2006/88/EC

| Information | Farm 1 | Farm 2 |
| --- | --- | --- |
| 1. | Aquaculture production business |

Information

Farm 1

Farm 2

1.

Aquaculture production business

| 1.1.1. | Name of the:






  — | aquaculture production business |
| --- | --- | --- |

1.1.1.

Name of the:

—

aquaculture production business

| — | farm |
| --- | --- |

—

farm

| 1.1.2. | Address or location of the farm |
| --- | --- |

1.1.2.

Address or location of the farm

| 1.2.1. | Name of the:






  — | aquaculture production business |
| --- | --- | --- |

1.2.1.

Name of the:

—

aquaculture production business

| — | farm |
| --- | --- |

—

farm

| 1.2.2. | Address or location of the farm |
| --- | --- |

1.2.2.

Address or location of the farm

| 2. | Registration number
  (for each farm) |
| --- | --- |

2.

Registration number

(for each farm)

| 2.1. | |
| --- | --- |

2.1.

| 2.2. | |
| --- | --- |

2.2.

| 3. | Geographical position and coordinates system
  (for each farm) |
| --- | --- |

3.

Geographical position and coordinates system

(for each farm)

| 3.1. | |
| --- | --- |

3.1.

| 3.2. | |
| --- | --- |

3.2.

| 4. | Species kept (1)

  (for each farm and in relation to its susceptibility to certain diseases) |
| --- | --- |

4.

Species kept (1)

(for each farm and in relation to its susceptibility to certain diseases)

| 4.1.1. | Viral haemorrhagic septicaemia






   | NO, susceptible or vector species present |
| --- | --- | --- |
|  | YES, susceptible species present |
|  | YES, vector species present |

4.1.1.

Viral haemorrhagic septicaemia



NO, susceptible or vector species present



YES, susceptible species present



YES, vector species present

| 4.1.2. | Infectious haematopoietic necrosis






   | NO, susceptible or vector species present |
| --- | --- | --- |
|  | YES, susceptible species present |
|  | YES, vector species present |

4.1.2.

Infectious haematopoietic necrosis



NO, susceptible or vector species present



YES, susceptible species present



YES, vector species present

| 4.1.3. | Koi herpes virus






   | NO, susceptible or vector species present |
| --- | --- | --- |
|  | YES, susceptible species present |
|  | YES, vector species present |

4.1.3.

Koi herpes virus



NO, susceptible or vector species present



YES, susceptible species present



YES, vector species present

| 4.1.4. | Infectious salmon anaemia






   | NO, susceptible or vector species present |
| --- | --- | --- |
|  | YES, susceptible species present |
|  | YES, vector species present |

4.1.4.

Infectious salmon anaemia



NO, susceptible or vector species present



YES, susceptible species present



YES, vector species present

| 4.2.1. | Viral haemorrhagic septicaemia






   | NO, susceptible or vector species present |
| --- | --- | --- |
|  | YES, susceptible species present |
|  | YES, vector species present |

4.2.1.

Viral haemorrhagic septicaemia



NO, susceptible or vector species present



YES, susceptible species present



YES, vector species present

| 4.2.2. | Infectious haematopoietic necrosis






   | NO, susceptible or vector species present |
| --- | --- | --- |
|  | YES, susceptible species present |
|  | YES, vector species present |

4.2.2.

Infectious haematopoietic necrosis



NO, susceptible or vector species present



YES, susceptible species present



YES, vector species present

| 4.2.3. | Koi herpes virus






   | NO, susceptible or vector species present |
| --- | --- | --- |
|  | YES, susceptible species present |
|  | YES, vector species present |

4.2.3.

Koi herpes virus



NO, susceptible or vector species present



YES, susceptible species present



YES, vector species present

| 4.2.4. | Infectious salmon anaemia






   | NO, susceptible or vector species present |
| --- | --- | --- |
|  | YES, susceptible species present |
|  | YES, vector species present |

4.2.4.

Infectious salmon anaemia



NO, susceptible or vector species present



YES, susceptible species present



YES, vector species present

| 5. | Recognised health status
  (for each farm) (2) |
| --- | --- |

5.

Recognised health status

(for each farm) (2)

| 5.1.1. | Viral haemorrhagic septicaemia







  5.1.1.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.1.1.2. |  | Under surveillance programme |
| 5.1.1.3. |  | Not known to be infected |
| 5.1.1.4. |  | Other |

5.1.1.

Viral haemorrhagic septicaemia

5.1.1.1.



Declared disease-free

5.1.1.2.



Under surveillance programme

5.1.1.3.



Not known to be infected

5.1.1.4.



Other

| 5.1.2. | Infectious haematopoietic necrosis







  5.1.2.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.1.2.2. |  | Under surveillance programme |
| 5.1.2.3. |  | Not known to be infected |
| 5.1.2.4. |  | Other |

5.1.2.

Infectious haematopoietic necrosis

5.1.2.1.



Declared disease-free

5.1.2.2.



Under surveillance programme

5.1.2.3.



Not known to be infected

5.1.2.4.



Other

| 5.1.3. | Koi herpes virus







  5.1.3.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.1.3.2. |  | Under surveillance programme |
| 5.1.3.3. |  | Not known to be infected |
| 5.1.3.4. |  | Other |

5.1.3.

Koi herpes virus

5.1.3.1.



Declared disease-free

5.1.3.2.



Under surveillance programme

5.1.3.3.



Not known to be infected

5.1.3.4.



Other

| 5.1.4. | Infectious salmon anaemia







  5.1.4.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.1.4.2. |  | Under surveillance programme |
| 5.1.4.3. |  | Not known to be infected |
| 5.1.4.4. |  | Other |

5.1.4.

Infectious salmon anaemia

5.1.4.1.



Declared disease-free

5.1.4.2.



Under surveillance programme

5.1.4.3.



Not known to be infected

5.1.4.4.



Other

| 5.1.5. | Infectious pancreatic necrosis (3)








  5.1.5.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.1.5.2. |  | Under surveillance programme |
| 5.1.5.3. |  | Not known to be infected |
| 5.1.5.4. |  | Other |

5.1.5.

Infectious pancreatic necrosis (3)

5.1.5.1.



Declared disease-free

5.1.5.2.



Under surveillance programme

5.1.5.3.



Not known to be infected

5.1.5.4.



Other

| 5.1.6. | Gyrodactylus salaris
   (3)







  5.1.6.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.1.6.2. |  | Under surveillance programme |
| 5.1.6.3. |  | Not known to be infected |
| 5.1.6.4. |  | Other |

5.1.6.

5.1.6.1.



Declared disease-free

5.1.6.2.



Under surveillance programme

5.1.6.3.



Not known to be infected

5.1.6.4.



Other

| 5.1.7. | Bacterial kidney disease (3)








  5.1.7.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.1.7.2. |  | Under surveillance programme |
| 5.1.7.3. |  | Not known to be infected |
| 5.1.7.4. |  | Other |

5.1.7.

Bacterial kidney disease (3)

5.1.7.1.



Declared disease-free

5.1.7.2.



Under surveillance programme

5.1.7.3.



Not known to be infected

5.1.7.4.



Other

| 5.1.8. | Other diseases (4)








  5.1.8.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.1.8.2. |  | Under surveillance programme |
| 5.1.8.3. |  | Not known to be infected |
| 5.1.8.4. |  | Other |

5.1.8.

Other diseases (4)

5.1.8.1.



Declared disease-free

5.1.8.2.



Under surveillance programme

5.1.8.3.



Not known to be infected

5.1.8.4.



Other

| 5.2.1. | Viral haemorrhagic septicaemia







  5.2.1.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.2.1.2. |  | Under surveillance programme |
| 5.2.1.3. |  | Not known to be infected |
| 5.2.1.4. |  | Other |

5.2.1.

Viral haemorrhagic septicaemia

5.2.1.1.



Declared disease-free

5.2.1.2.



Under surveillance programme

5.2.1.3.



Not known to be infected

5.2.1.4.



Other

| 5.2.2. | Infectious haematopoietic necrosis







  5.2.2.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.2.2.2. |  | Under surveillance programme |
| 5.2.2.3. |  | Not known to be infected |
| 5.2.2.4. |  | Other |

5.2.2.

Infectious haematopoietic necrosis

5.2.2.1.



Declared disease-free

5.2.2.2.



Under surveillance programme

5.2.2.3.



Not known to be infected

5.2.2.4.



Other

| 5.2.3. | Koi herpes virus







  5.2.3.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.2.3.2. |  | Under surveillance programme |
| 5.2.3.3. |  | Not known to be infected |
| 5.2.3.4. |  | Other |

5.2.3.

Koi herpes virus

5.2.3.1.



Declared disease-free

5.2.3.2.



Under surveillance programme

5.2.3.3.



Not known to be infected

5.2.3.4.



Other

| 5.2.4. | Infectious salmon anaemia







  5.2.4.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.2.4.2. |  | Under surveillance programme |
| 5.2.4.3. |  | Not known to be infected |
| 5.2.4.4. |  | Other |

5.2.4.

Infectious salmon anaemia

5.2.4.1.



Declared disease-free

5.2.4.2.



Under surveillance programme

5.2.4.3.



Not known to be infected

5.2.4.4.



Other

| 5.2.5. | Infectious pancreatic necrosis (3)








  5.2.5.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.2.5.2. |  | Under surveillance programme |
| 5.2.5.3. |  | Not known to be infected |
| 5.2.5.4. |  | Other |

5.2.5.

Infectious pancreatic necrosis (3)

5.2.5.1.



Declared disease-free

5.2.5.2.



Under surveillance programme

5.2.5.3.



Not known to be infected

5.2.5.4.



Other

| 5.2.6. | Gyrodactylus salaris
   (3)







  5.2.6.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.2.6.2. |  | Under surveillance programme |
| 5.2.6.3. |  | Not known to be infected |
| 5.2.6.4. |  | Other |

5.2.6.

5.2.6.1.



Declared disease-free

5.2.6.2.



Under surveillance programme

5.2.6.3.



Not known to be infected

5.2.6.4.



Other

| 5.2.7. | Bacterial kidney disease (3)








  5.2.7.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.2.7.2. |  | Under surveillance programme |
| 5.2.7.3. |  | Not known to be infected |
| 5.2.7.4. |  | Other |

5.2.7.

Bacterial kidney disease (3)

5.2.7.1.



Declared disease-free

5.2.7.2.



Under surveillance programme

5.2.7.3.



Not known to be infected

5.2.7.4.



Other

| 5.2.8. | Other diseases (4)








  5.2.8.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.2.8.2. |  | Under surveillance programme |
| 5.2.8.3. |  | Not known to be infected |
| 5.2.8.4. |  | Other |

5.2.8.

Other diseases (4)

5.2.8.1.



Declared disease-free

5.2.8.2.



Under surveillance programme

5.2.8.3.



Not known to be infected

5.2.8.4.



Other

| 6. | Farm type
  (for each farm) (5) |
| --- | --- |

6.

Farm type

(for each farm) (5)

| 6.1.1. |  | Saltwater cages/enclosures/pens |
| --- | --- | --- |
| 6.1.2. |  | Saltwater ponds |
| 6.1.3. |  | Saltwater tanks/raceways |
| 6.1.4. |  | Saltwater closed (recirculation) |
| 6.1.5. |  | Freshwater cages/enclosures/pens |
| 6.1.6. |  | Freshwater ponds |
| 6.1.7. |  | Freshwater tanks/raceways |
| 6.1.8. |  | Freshwater closed (recirculation) |
| 6.1.9. |  | Research facility |
| 6.1.10. |  | Quarantine facility |
| 6.1.11. |  | Other |

6.1.1.



Saltwater cages/enclosures/pens

6.1.2.



Saltwater ponds

6.1.3.



Saltwater tanks/raceways

6.1.4.



Saltwater closed (recirculation)

6.1.5.



Freshwater cages/enclosures/pens

6.1.6.



Freshwater ponds

6.1.7.



Freshwater tanks/raceways

6.1.8.



Freshwater closed (recirculation)

6.1.9.



Research facility

6.1.10.



Quarantine facility

6.1.11.



Other

| 6.2.1. |  | Saltwater cages/enclosures/pens |
| --- | --- | --- |
| 6.2.2. |  | Saltwater ponds |
| 6.2.3. |  | Saltwater tanks/raceways |
| 6.2.4. |  | Saltwater closed (recirculation) |
| 6.2.5. |  | Freshwater cages/enclosures/pens |
| 6.2.6. |  | Freshwater ponds |
| 6.2.7. |  | Freshwater tanks/raceways |
| 6.2.8. |  | Freshwater closed (recirculation) |
| 6.2.9. |  | Research facility |
| 6.2.10. |  | Quarantine facility |
| 6.2.11. |  | Other |

6.2.1.



Saltwater cages/enclosures/pens

6.2.2.



Saltwater ponds

6.2.3.



Saltwater tanks/raceways

6.2.4.



Saltwater closed (recirculation)

6.2.5.



Freshwater cages/enclosures/pens

6.2.6.



Freshwater ponds

6.2.7.



Freshwater tanks/raceways

6.2.8.



Freshwater closed (recirculation)

6.2.9.



Research facility

6.2.10.



Quarantine facility

6.2.11.



Other

| 7. | Farm production
  (for each farm) (5) |
| --- | --- |

7.

Farm production

(for each farm) (5)

| 7.1.1. |  | Hatchery |
| --- | --- | --- |
| 7.1.2. |  | Nursery |
| 7.1.3. |  | Brood stock |
| 7.1.4. |  | Grow out for human consumption |
| 7.1.5. |  | Put and take fisheries |
| 7.1.6. |  | Other |

7.1.1.



Hatchery

7.1.2.



Nursery

7.1.3.



Brood stock

7.1.4.



Grow out for human consumption

7.1.5.



Put and take fisheries

7.1.6.



Other

| 7.2.1. |  | Hatchery |
| --- | --- | --- |
| 7.2.2. |  | Nursery |
| 7.2.3. |  | Brood stock |
| 7.2.4. |  | Grow out for human consumption |
| 7.2.5. |  | Put and take fisheries |
| 7.2.6. |  | Other |

7.2.1.



Hatchery

7.2.2.



Nursery

7.2.3.



Brood stock

7.2.4.



Grow out for human consumption

7.2.5.



Put and take fisheries

7.2.6.



Other

---

(1)  Susceptible and vector species are listed in Annex IV to Directive 2006/88/EC.

(2)  Use the box ‘other’ if the farm is under an eradication programme or under control measures according to Sections 3, 4, 5 or 6 of Chapter V to Directive 2006/88/EC.

(3)  Only applicable to Member States, zones or compartments listed in Annex I or II to Commission Decision 2004/453/EC (OJ L 156, 30.4.2004, p. 5) in regard to that disease.

(4)  Only applicable to Member States, zones or compartments with measures approved in accordance with Article 43 of Directive 2006/88/EC.

(5)  Two or more boxes may be ticked.

---

ANNEX II

MODEL FOR AQUACULTURE PRODUCTION BUSINESSES KEEPING MOLLUSCS

(REFERRED TO IN ARTICLE 2(2)(b))

Information in accordance with Article 59 of Directive 2006/88/EC

| Information | Farm or farming area 1 | Farm or farming area 2 |
| --- | --- | --- |
| 1. | Aquaculture production business |

Information

Farm or farming area 1

Farm or farming area 2

1.

Aquaculture production business

| 1.1.1. | Name of the:






  — | Aquaculture production business |
| --- | --- | --- |

1.1.1.

Name of the:

—

Aquaculture production business

| — | farm or mollusc farming area |
| --- | --- |

—

farm or mollusc farming area

| 1.1.2. | Address or location of the farm |
| --- | --- |

1.1.2.

Address or location of the farm

| 1.2.1. | Name of the:






  — | Aquaculture production business |
| --- | --- | --- |

1.2.1.

Name of the:

—

Aquaculture production business

| — | farm or mollusc farming area |
| --- | --- |

—

farm or mollusc farming area

| 1.2.2. | Address or location of the farm |
| --- | --- |

1.2.2.

Address or location of the farm

| 2. | Registration number
  (for each farm or farming area as appropriate) |
| --- | --- |

2.

Registration number

(for each farm or farming area as appropriate)

| 2.1. | |
| --- | --- |

2.1.

| 2.2. | |
| --- | --- |

2.2.

| 3. | Geographical position and coordinates system
  (for each farm or farming area as appropriate) |
| --- | --- |

3.

Geographical position and coordinates system

(for each farm or farming area as appropriate)

| 3.1. | |
| --- | --- |

3.1.

| 3.2. | |
| --- | --- |

3.2.

| 4. | Species kept (1)

  (for each farm or farming area as appropriate and in relation to its susceptibility to certain diseases) |
| --- | --- |

4.

Species kept (1)

(for each farm or farming area as appropriate and in relation to its susceptibility to certain diseases)

| 4.1.1. | Marteilia refringens






   | NO susceptible or vector species present |
| --- | --- | --- |
|  | YES, susceptible species present |
|  | YES, vector species present |

4.1.1.



NO susceptible or vector species present



YES, susceptible species present



YES, vector species present

| 4.1.2. | Bonamia ostrea






   | NO susceptible or vector species present |
| --- | --- | --- |
|  | YES, susceptible species present |
|  | YES, vector species present |

4.1.2.



NO susceptible or vector species present



YES, susceptible species present



YES, vector species present

| 4.2.1. | Marteilia refringens






   | NO susceptible or vector species present |
| --- | --- | --- |
|  | YES, susceptible species present |
|  | YES, vector species present |

4.2.1.



NO susceptible or vector species present



YES, susceptible species present



YES, vector species present

| 4.2.2. | Bonamia ostrea






   | NO susceptible or vector species present |
| --- | --- | --- |
|  | YES, susceptible species present |
|  | YES, vector species present |

4.2.2.



NO susceptible or vector species present



YES, susceptible species present



YES, vector species present

| 5. | Recognised health status (2)

  (for each farm or farming area as appropriate) |
| --- | --- |

5.

Recognised health status (2)

(for each farm or farming area as appropriate)

| 5.1.1. | Marteilia refringens







  5.1.1.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.1.1.2. |  | Under surveillance programme |
| 5.1.1.3. |  | Not known to be infected |
| 5.1.1.4. |  | Other |

5.1.1.

5.1.1.1.



Declared disease-free

5.1.1.2.



Under surveillance programme

5.1.1.3.



Not known to be infected

5.1.1.4.



Other

| 5.1.2. | Bonamia ostrea







  5.1.2.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.1.2.2. |  | Under surveillance programme |
| 5.1.2.3. |  | Not known to be infected |
| 5.1.2.4. |  | Other |

5.1.2.

5.1.2.1.



Declared disease-free

5.1.2.2.



Under surveillance programme

5.1.2.3.



Not known to be infected

5.1.2.4.



Other

| 5.1.3. | Other diseases (3)








  5.1.3.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.1.3.2. |  | Under surveillance programme |
| 5.1.3.3. |  | Not known to be infected |
| 5.1.3.4. |  | Other |

5.1.3.

Other diseases (3)

5.1.3.1.



Declared disease-free

5.1.3.2.



Under surveillance programme

5.1.3.3.



Not known to be infected

5.1.3.4.



Other

| 5.2.1. | Marteilia refringens







  5.2.1.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.2.1.2. |  | Under surveillance programme |
| 5.2.1.3. |  | Not known to be infected |
| 5.2.1.4. |  | Other |

5.2.1.

5.2.1.1.



Declared disease-free

5.2.1.2.



Under surveillance programme

5.2.1.3.



Not known to be infected

5.2.1.4.



Other

| 5.2.2. | Bonamia ostrea







  5.2.2.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.2.2.2. |  | Under surveillance programme |
| 5.2.2.3. |  | Not known to be infected |
| 5.2.2.4. |  | Other |

5.2.2.

5.2.2.1.



Declared disease-free

5.2.2.2.



Under surveillance programme

5.2.2.3.



Not known to be infected

5.2.2.4.



Other

| 5.2.3. | Other diseases (3)








  5.2.3.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.2.3.2. |  | Under surveillance programme |
| 5.2.3.3. |  | Not known to be infected |
| 5.2.3.4. |  | Other |

5.2.3.

Other diseases (3)

5.2.3.1.



Declared disease-free

5.2.3.2.



Under surveillance programme

5.2.3.3.



Not known to be infected

5.2.3.4.



Other

| 6. | Farm or farming area type (4)

  (for each farm or farming area as appropriate) |
| --- | --- |

6.

Farm or farming area type (4)

(for each farm or farming area as appropriate)

| 6.1.1. |  | Mollusc farm open |
| --- | --- | --- |
| 6.1.2. |  | Mollusc farm closed (recirculation) |
| 6.1.3. |  | Dispatch centre, purification centre |
| 6.1.4. |  | Mollusc farming area |
| 6.1.5. |  | Research facility |
| 6.1.6. |  | Quarantine facility |
| 6.1.7. |  | Other |

6.1.1.



Mollusc farm open

6.1.2.



Mollusc farm closed (recirculation)

6.1.3.



Dispatch centre, purification centre

6.1.4.



Mollusc farming area

6.1.5.



Research facility

6.1.6.



Quarantine facility

6.1.7.



Other

| 6.2.1. |  | Mollusc farm open |
| --- | --- | --- |
| 6.2.2. |  | Mollusc farm closed (recirculation) |
| 6.2.3. |  | Dispatch centre, purification centre |
| 6.2.4. |  | Mollusc farming area |
| 6.2.5. |  | Research facility |
| 6.2.6. |  | Quarantine facility |
| 6.2.7. |  | Other |

6.2.1.



Mollusc farm open

6.2.2.



Mollusc farm closed (recirculation)

6.2.3.



Dispatch centre, purification centre

6.2.4.



Mollusc farming area

6.2.5.



Research facility

6.2.6.



Quarantine facility

6.2.7.



Other

| 7. | Farm or farming area production (4)

  (for each farm or farming area as appropriate) |
| --- | --- |

7.

Farm or farming area production (4)

(for each farm or farming area as appropriate)

| 7.1.1. |  | Hatchery |
| --- | --- | --- |
| 7.1.2. |  | Nursery |
| 7.1.3. |  | Grow out |
| 7.1.4. |  | Other |

7.1.1.



Hatchery

7.1.2.



Nursery

7.1.3.



Grow out

7.1.4.



Other

| 7.2.1. |  | Hatchery |
| --- | --- | --- |
| 7.2.2. |  | Nursery |
| 7.2.3. |  | Grow out |
| 7.2.4. |  | Other |

7.2.1.



Hatchery

7.2.2.



Nursery

7.2.3.



Grow out

7.2.4.



Other

---

(1)  Susceptible and vector species are listed in Annex IV to Directive 2006/88/EC.

(2)  Use the box ‘other’ if the farm or the farming area are under an eradication programme or under control measures according to Sections 3, 4, 5 or 6 of Chapter V to Directive 2006/88/EC.

(3)  Only applicable to Member States, zones or compartments with measures approved in accordance with Article 43 of Directive 2006/88/EC.

(4)  Two or more boxes may be ticked.

---

ANNEX III

MODEL FOR AQUACULTURE PRODUCTION BUSINESSES KEEPING CRUSTACEANS

(REFERRED TO IN ARTICLE 2(2)(c))

Information in accordance with Article 59 of Directive 2006/88/EC

| Information | Farm 1 | Farm 2 |
| --- | --- | --- |
| 1. | Aquaculture production business |

Information

Farm 1

Farm 2

1.

Aquaculture production business

| 1.1.1. | Name of the:






  — | aquaculture production business |
| --- | --- | --- |

1.1.1.

Name of the:

—

aquaculture production business

| — | farm |
| --- | --- |

—

farm

| 1.1.2. | Address or location of the farm |
| --- | --- |

1.1.2.

Address or location of the farm

| 1.2.1. | Name of the:






  — | aquaculture production business |
| --- | --- | --- |

1.2.1.

Name of the:

—

aquaculture production business

| — | farm |
| --- | --- |

—

farm

| 1.2.2. | Address or location of the farm |
| --- | --- |

1.2.2.

Address or location of the farm

| 2. | Registration number
  (for each farm) |
| --- | --- |

2.

Registration number

(for each farm)

| 2.1. | |
| --- | --- |

2.1.

| 2.2. | |
| --- | --- |

2.2.

| 3. | Geographical position and coordinates system
  (for each farm) |
| --- | --- |

3.

Geographical position and coordinates system

(for each farm)

| 3.1. | |
| --- | --- |

3.1.

| 3.2. | |
| --- | --- |

3.2.

| 4. | Species kept (1)

  (for each farm and in relation to its susceptibility to certain diseases) |
| --- | --- |

4.

Species kept (1)

(for each farm and in relation to its susceptibility to certain diseases)

| 4.1.1. | White spot disease






   | NO, susceptible or vector species present |
| --- | --- | --- |
|  | YES, susceptible species present |
|  | YES, vector species present |

4.1.1.

White spot disease



NO, susceptible or vector species present



YES, susceptible species present



YES, vector species present

| 4.2.1. | White spot disease






   | NO, susceptible or vector species present |
| --- | --- | --- |
|  | YES, susceptible species present |
|  | YES, vector species present |

4.2.1.

White spot disease



NO, susceptible or vector species present



YES, susceptible species present



YES, vector species present

| 5. | Recognised health status
  (for each farm) (2) |
| --- | --- |

5.

Recognised health status

(for each farm) (2)

| 5.1.1. | White spot disease







  5.1.1.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.1.1.2. |  | Under surveillance programme |
| 5.1.1.3. |  | Not known to be infected |
| 5.1.1.4. |  | Other |

5.1.1.

White spot disease

5.1.1.1.



Declared disease-free

5.1.1.2.



Under surveillance programme

5.1.1.3.



Not known to be infected

5.1.1.4.



Other

| 5.1.2. | Other diseases (3)








  5.1.2.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.1.2.2. |  | Under surveillance programme |
| 5.1.2.3. |  | Not known to be infected |
| 5.1.2.4. |  | Other |

5.1.2.

Other diseases (3)

5.1.2.1.



Declared disease-free

5.1.2.2.



Under surveillance programme

5.1.2.3.



Not known to be infected

5.1.2.4.



Other

| 5.2.1. | White spot disease







  5.2.1.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.2.1.2. |  | Under surveillance programme |
| 5.2.1.3. |  | Not known to be infected |
| 5.2.1.4. |  | Other |

5.2.1.

White spot disease

5.2.1.1.



Declared disease-free

5.2.1.2.



Under surveillance programme

5.2.1.3.



Not known to be infected

5.2.1.4.



Other

| 5.2.2. | Other diseases (3)








  5.2.2.1. |  | Declared disease-free |
| --- | --- | --- | --- |
| 5.2.2.2. |  | Under surveillance programme |
| 5.2.2.3. |  | Not known to be infected |
| 5.2.2.4. |  | Other |

5.2.2.

Other diseases (3)

5.2.2.1.



Declared disease-free

5.2.2.2.



Under surveillance programme

5.2.2.3.



Not known to be infected

5.2.2.4.



Other

| 6. | Farm type (4)

  (for each farm) |
| --- | --- |

6.

Farm type (4)

(for each farm)

| 6.1.1. |  | Lagoon/enclosure/pens |
| --- | --- | --- |
| 6.1.2. |  | Land-based ponds |
| 6.1.3. |  | Tanks/raceways |
| 6.1.4. |  | Land-based closed (recirculation) |
| 6.1.5. |  | Research facility |
| 6.1.6. |  | Quarantine facility |
| 6.1.7. |  | Other |

6.1.1.



Lagoon/enclosure/pens

6.1.2.



Land-based ponds

6.1.3.



Tanks/raceways

6.1.4.



Land-based closed (recirculation)

6.1.5.



Research facility

6.1.6.



Quarantine facility

6.1.7.



Other

| 6.2.1. |  | Lagoon/enclosure/pens |
| --- | --- | --- |
| 6.2.2. |  | Land-based ponds |
| 6.2.3. |  | Tanks/raceways |
| 6.2.4. |  | Land-based closed (recirculation) |
| 6.2.5. |  | Research facility |
| 6.2.6. |  | Quarantine facility |
| 6.2.7. |  | Other |

6.2.1.



Lagoon/enclosure/pens

6.2.2.



Land-based ponds

6.2.3.



Tanks/raceways

6.2.4.



Land-based closed (recirculation)

6.2.5.



Research facility

6.2.6.



Quarantine facility

6.2.7.



Other

| 7. | Farm production (4)

  (for each farm) |
| --- | --- |

7.

Farm production (4)

(for each farm)

| 7.1.1. |  | Hatchery |
| --- | --- | --- |
| 7.1.2. |  | Nursery |
| 7.1.3. |  | Grow out |
| 7.1.4. |  | Other |

7.1.1.



Hatchery

7.1.2.



Nursery

7.1.3.



Grow out

7.1.4.



Other

| 7.2.1. |  | Hatchery |
| --- | --- | --- |
| 7.2.2. |  | Nursery |
| 7.2.3. |  | Grow out |
| 7.2.4. |  | Other |

7.2.1.



Hatchery

7.2.2.



Nursery

7.2.3.



Grow out

7.2.4.



Other

---

(1)  Susceptible and vector species are listed in Annex IV to Directive 2006/88/EC.

(2)  Use the box ‘other’ if the farm is under an eradication programme or under control measures according to Sections 3, 4, 5 or 6 of Chapter V to Directive 2006/88/EC.

(3)  Only applicable to Member States, zones or compartments with measures approved in accordance with Article 43 of Directive 2006/88/EC.

(4)  Two or more boxes may be ticked.

---

ANNEX IV

MODEL FOR AUTHORISED PROCESSING ESTABLISHMENTS SLAUGHTERING AQUACULTURE ANIMALS FOR DISEASE CONTROL PURPOSES, REFERRED TO IN ARTICLE 4(2) OF DIRECTIVE 2006/88/EC

(REFERRED TO IN ARTICLE 2(2)(d))

Information in accordance with Article 59 of Directive 2006/88/EC

| Information | |
| --- | --- |
| 1. | Processing establishment |

Information

1.

Processing establishment

| 1.1.1. | Name |
| --- | --- |

1.1.1.

Name

| 1.1.2. | Address or location |
| --- | --- |

1.1.2.

Address or location

| 2. | Registration number |
| --- | --- |

2.

Registration number

| 2.1. | |
| --- | --- |

2.1.

| 3. | Geographical position and coordinates system |
| --- | --- |

3.

Geographical position and coordinates system

| 3.1. | |
| --- | --- |

3.1.

| 4. | Species processed |
| --- | --- |

4.

Species processed

| 4.1.1. |  | Fish |
| --- | --- | --- |
| 4.1.2. |  | Molluscs |
| 4.1.3. |  | Crustaceans |

4.1.1.



Fish

4.1.2.



Molluscs

4.1.3.



Crustaceans

| 5. | Type of water effluent treatment system |
| --- | --- |

5.

Type of water effluent treatment system

---

| 28.5.2008 | EN | Official Journal of the European Union | L 138/21 |
| --- | --- | --- | --- |

28.5.2008

EN

Official Journal of the European Union

L 138/21

---

COMMISSION DECISION

of 8 May 2008

pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data in Jersey

(notified under document number C(2008) 1746)

(Text with EEA relevance)

(2008/393/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (1), and in particular Article 25(6) thereof,

After consulting the Working Party on Protection of Individuals with regard to the processing of personal data (2),

Whereas:

| (1) | Pursuant to Directive 95/46/EC, Member States are required to provide that the transfer of personal data to a third country may take place only if the third country in question ensures an adequate level of protection and if the Member States' laws implementing other provisions of the Directive are complied with prior to the transfer. |
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(1)

Pursuant to Directive 95/46/EC, Member States are required to provide that the transfer of personal data to a third country may take place only if the third country in question ensures an adequate level of protection and if the Member States' laws implementing other provisions of the Directive are complied with prior to the transfer.

| (2) | The Commission may find that a third country ensures an adequate level of protection. In that case, personal data may be transferred from the Member States without additional guarantees being necessary. |
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(2)

The Commission may find that a third country ensures an adequate level of protection. In that case, personal data may be transferred from the Member States without additional guarantees being necessary.

| (3) | Pursuant to Directive 95/46/EC the level of data protection should be assessed in the light of all the circumstances surrounding a data transfer operation or a set of data transfer operations, and giving particular consideration to a number of elements relevant for the transfer and listed in Article 25(2) thereof. |
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(3)

Pursuant to Directive 95/46/EC the level of data protection should be assessed in the light of all the circumstances surrounding a data transfer operation or a set of data transfer operations, and giving particular consideration to a number of elements relevant for the transfer and listed in Article 25(2) thereof.

| (4) | Given the different approaches to data protection in third countries, the adequacy assessment should be carried out, and any decision based on Article 25(6) of Directive 95/46/EC should be made and enforced in a way that does not arbitrarily or unjustifiably discriminate against or between third countries where like conditions prevail, nor constitute a disguised barrier to trade, regard being had to the Community's present international commitments. |
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(4)

Given the different approaches to data protection in third countries, the adequacy assessment should be carried out, and any decision based on Article 25(6) of Directive 95/46/EC should be made and enforced in a way that does not arbitrarily or unjustifiably discriminate against or between third countries where like conditions prevail, nor constitute a disguised barrier to trade, regard being had to the Community's present international commitments.

| (5) | The Bailiwick of Jersey is one of the dependencies of the British Crown (being neither part of the United Kingdom nor a colony) that enjoys full independence, except for international relations and defense which are the responsibility of the United Kingdom Government. The Bailiwick of Jersey is therefore to be considered as a third country within the meaning of Directive 95/46/EC. |
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(5)

The Bailiwick of Jersey is one of the dependencies of the British Crown (being neither part of the United Kingdom nor a colony) that enjoys full independence, except for international relations and defense which are the responsibility of the United Kingdom Government. The Bailiwick of Jersey is therefore to be considered as a third country within the meaning of Directive 95/46/EC.

| (6) | With effect from 1951 and 1987 respectively, the United Kingdom's ratification of the European Convention on Human Rights and the Council of Europe Convention on the Protection of Individuals with regard to automatic processing of personal data (Convention No 108) were extended to the Bailiwick of Jersey. |
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(6)

With effect from 1951 and 1987 respectively, the United Kingdom's ratification of the European Convention on Human Rights and the Council of Europe Convention on the Protection of Individuals with regard to automatic processing of personal data (Convention No 108) were extended to the Bailiwick of Jersey.

| (7) | As regards the Bailiwick of Jersey, the legal standards on the protection of personal data largely based on the standards set out in Directive 95/46/EC have been provided for in the Data Protection (Jersey) Law 1987, which entered into force on 11 November 1987 and two ancillary laws, the Data Protection (Amendment) (Jersey) Law 2005, and the Data Protection (Jersey) Law 2005 (Appointed Day) Act 2005. |
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(7)

As regards the Bailiwick of Jersey, the legal standards on the protection of personal data largely based on the standards set out in Directive 95/46/EC have been provided for in the Data Protection (Jersey) Law 1987, which entered into force on 11 November 1987 and two ancillary laws, the Data Protection (Amendment) (Jersey) Law 2005, and the Data Protection (Jersey) Law 2005 (Appointed Day) Act 2005.

| (8) | Secondary legislation has also been adopted under the authority of the Data Protection (Jersey) Law, in 2005, laying down specific rules concerning issues such as subject access, processing of sensitive data and notification to the data protection authority (3). |
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(8)

Secondary legislation has also been adopted under the authority of the Data Protection (Jersey) Law, in 2005, laying down specific rules concerning issues such as subject access, processing of sensitive data and notification to the data protection authority (3).

| (9) | The legal standards applicable in Jersey cover all the basic principles necessary for an adequate level of protection for natural persons. The application of these standards is guaranteed by judicial remedy and by independent supervision carried out by the authority, the Data Protection Commissioner, who is invested with powers of investigation and intervention. |
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(9)

The legal standards applicable in Jersey cover all the basic principles necessary for an adequate level of protection for natural persons. The application of these standards is guaranteed by judicial remedy and by independent supervision carried out by the authority, the Data Protection Commissioner, who is invested with powers of investigation and intervention.

| (10) | Jersey should therefore be regarded as providing an adequate level of protection for personal data as referred to in Directive 95/46/EC. |
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(10)

Jersey should therefore be regarded as providing an adequate level of protection for personal data as referred to in Directive 95/46/EC.

| (11) | In the interest of transparency and in order to safeguard the ability of the competent authorities in the Member States to ensure the protection of individuals as regards the processing of their personal data, it is necessary to specify the exceptional circumstances in which the suspension of specific data flows may be justified, notwithstanding the finding of adequate protection. |
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(11)

In the interest of transparency and in order to safeguard the ability of the competent authorities in the Member States to ensure the protection of individuals as regards the processing of their personal data, it is necessary to specify the exceptional circumstances in which the suspension of specific data flows may be justified, notwithstanding the finding of adequate protection.

| (12) | The measures provided for in this Decision are in accordance with the opinion of the Committee established under Article 31(1) of Directive 95/46/EC, |
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(12)

The measures provided for in this Decision are in accordance with the opinion of the Committee established under Article 31(1) of Directive 95/46/EC,

HAS ADOPTED THIS DECISION:

Article 1

For the purposes of Article 25(2) of Directive 95/46/EC, the Bailiwick of Jersey is considered as providing an adequate level of protection for personal data transferred from the Community.

Article 2

This Decision concerns the adequacy of protection provided in Jersey with a view to meeting the requirements of Article 25(1) of Directive 95/46/EC and does not affect other conditions or restrictions implementing other provisions of that Directive that pertain to the processing of personal data within the Member States.

Article 3

1.   Without prejudice to their powers to take action to ensure compliance with national provisions adopted pursuant to provisions other than Article 25 of Directive 95/46/EC, the competent authorities in Member States may exercise their existing powers to suspend data flows to a recipient in Jersey in order to protect individuals with regard to the processing of their personal data in the following cases:

| (a) | where a competent Jersey authority has determined that the recipient is in breach of the applicable standards of protection; or |
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(a)

where a competent Jersey authority has determined that the recipient is in breach of the applicable standards of protection; or

| (b) | where there is a substantial likelihood that the standards of protection are being infringed, there are reasonable grounds for believing that the competent Jersey authority is not taking or will not take adequate and timely steps to settle the case at issue, the continuing transfer would create an imminent risk of grave harm to data subjects and the competent authorities in the Member State have made reasonable efforts in the circumstances to provide the party responsible for processing established in Jersey with notice and an opportunity to respond. |
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(b)

where there is a substantial likelihood that the standards of protection are being infringed, there are reasonable grounds for believing that the competent Jersey authority is not taking or will not take adequate and timely steps to settle the case at issue, the continuing transfer would create an imminent risk of grave harm to data subjects and the competent authorities in the Member State have made reasonable efforts in the circumstances to provide the party responsible for processing established in Jersey with notice and an opportunity to respond.

2.   The suspension shall cease as soon as the standards of protection are assured and the competent authority of the Member States concerned is notified thereof.

Article 4

1.   Member States shall inform the Commission without delay when measures are adopted on the basis of Article 3.

2.   The Member States and the Commission shall inform each other of cases where the action of bodies responsible for ensuring compliance with the standards of protection in Jersey fails to secure such compliance.

3.   If the information collected under Article 3 and under paragraphs 1 and 2 of this Article provides evidence that any body responsible for ensuring compliance with the standards of protection in Jersey is not effectively fulfilling its role, the Commission shall inform the competent Jersey authority and, if necessary, present draft measures in accordance with the procedure referred to in Article 31(2) of Directive 95/46/EC with a view to repealing or suspending this Decision or limiting its scope.

Article 5

The Commission shall monitor the functioning of this Decision and report any pertinent findings to the Committee established under Article 31 of Directive 95/46/EC, including any evidence that could affect the finding in Article 1 of this Decision, that protection in Jersey is adequate within the meaning of Article 25 of Directive 95/46/EC and any evidence that this Decision is being implemented in a discriminatory way.

Article 6

Member States shall take all the measures necessary to comply with the Decision within four months of the date of its notification.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 8 May 2008.

For the Commission

Jacques BARROT

Vice-President

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(1)  
  OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

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(2)  Opinion No 8/2007 on the level of protection of personal data in Jersey, adopted on 9 October 2007, available at http://ec.europa.eu/justice_home/fsj/privacy/workinggroup/wpdocs/2007_en.htm

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(3)  These are the Data Protection (Corporate Finance Exemption) (Jersey) Regulations 2005, the Data Protection (Credit Reference Agency) (Jersey) Regulations 2005, the Data Protection (Fair Processing) (Jersey) Regulations 2005, the Data Protection (International Cooperation) (Jersey) Regulations 2005, the Data Protection (Notification) (Jersey) Regulations 2005, the Data Protection (Sensitive Personal Data) (Jersey) Regulations 2005, the Data Protection (Subject Access Exemptions) (Jersey) Regulations 2005, the Data Protection (Subject Access Miscellaneous) (Jersey) Regulations 2005, the Data Protection (Subject Access Modification — (Education) (Jersey) Regulations 2005, the Data Protection (Subject Access Modification — (Health) (Jersey) Regulations 2005, the Data Protection (Subject Access Modification — (Social Work) (Jersey) Regulations 2005, and the Data Protection (Transfer in Substantial Public Interest) (Jersey) Regulations 2005.

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